Omineca Tick Submission

Page 76

RE: OMINECAENTERPRISES LTD CONCLUSION

The Board has concluded as follows:

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1.

The Ministry of Forests had the legal right to cancel the licences.

2.

The Ministry of Forests did not cancel the licences for a reason different from that set out in the letter of July 15, 1986

3.

The Ministry of Forests did not mislead Omineca by telling them that even if they paid the rent and avoided the cancellation, the licences would still be suspended.

4.

The notice of July 15, 1986 was not deficient or defective or contrary to natural justice.

5.

The reference to a review in the letter of October 14, 1986 did not create a condition precedent to cancellation.

6.

The Ministry of Forests did not breach Section 4(e) of the Ministry o f Forests Act in regard to treating Omineca in a "systematic and equitable manner".

7.

The licences were not cancelled in order to rationalize the Allowable. Annual Cut.

8.

The November 30, 1986 cancellation deadline was not postponed at the meeting of November 17, 1986.

Therefore the decision of the Chief Forester dated September 10, 1991 is upheld, and the appeal is dismissed. Dated at Vancouver this 16th day of October, 1998.

forrbine Shore, Chair

Margaret Sasges, Member

Jacqueline L. Ott, Member Ms. Ott dissents from the majority decision on several points, and her decision accompanies the majority decision.


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