Decision Date: April 13, 2000

Panel: Carol Quin

Keywords: Wildlife Act – ss. 49, 52, and 53; Angling and Scientific Collection Regulation – ss. 9, 10, 11, 13, and Schedule A; Angling Guide Operating Plan; Angling Guide Licence; angler guide days

This was an appeal by Karen McLean of a decision of the Regional Manager, with respect to Ms. McLean’s Angling Guide Operating Plans and Angling Guide Licences for 1999/2000. Ms. McLean requested that her angling days quota be increased from 350 days to 960 days, and that certain conditions in her Angling Guide Licences be removed. Ms. McLean also alleged bad faith on the part of the Regional Manager.

The Board found that the Regional Manager was correct in refusing Ms. McLean’s request for an angler day quota of 960 days. The Board found that the Regional Manager had no authority to grant 960 angler days to Ms. McLean, as this would exceed the maximum prescribed by regulation. In addition, the Board found that there was insufficient evidence to conclude that the allocation of angler days to Ms. McLean, based on historical use, was not fair and reasonable.

The Board found that the Regional Manager can require a seasonal distribution angler days be part of an operating plan and license for classified water, and that it was reasonable to do so for Ms. McLean’s operating plan and license. For unclassified waters, however, the Board found that there was no legislative authority requiring the number of angling days to be an enforceable part of the license. The Board therefore ordered that that condition be removed from Ms. McLean’s licence. The Board also found that the Regional Manager did not exhibit bad faith towards Ms. McLean. The appeal was dismissed, with the exception of the removal of the angler days quote for unclassified waters from Ms. McLean’s licence.