Decision Date: November 18, 2005

Panel: Alan Andison

Keywords: Environmental Management Act – s. 94(1)(a); participant status.

The British Columbia Wildlife Federation (“BCWF”) applied for participant status in two appeals filed by David Wiens.

Mr. Wiens appealed the issuance of two separate Transporter Licences to Clifford Andrews and Jeff Browne by the Regional Manager, which allow Mr. Andrews and Mr. Browne to conduct transporting activities related to hunting in the Peace Region.  Mr. Wiens holds a Guide Outfitter Licence and Certificate, and he submits that the area covered by the Transporter Licences falls within a portion of his guide outfitter territory.  Therefore, the issuance of the Transporter Licences will have an adverse effect on his rights under his Guide Outfitter Licence and Certificate.

The BCFW represents the interests of resident hunters in British Columbia.  It was also involved in the decision-making process regarding the licensing of transporters in the Peace Region.  The BCFW sought participant status in order to provide the perspective of resident hunters in areas that are licensed to guide outfitters.  It also seeks participant status in order to continue its involvement in the decision-making process regarding the licensing of transporters in the Peace Region.

The Board found that decisions such as the issuance of transporter licences may affect those individuals that have an interest in that resource.  Accordingly, the Board found that the BCWF, as a representative of a significant number of resident hunters in British Columbia that have an interest in the outcome of the appeals, has a valid interest in the question of whether or not the transporting area assigned to Mr. Andrews and Mr. Browne can overlap the guiding area assigned to Mr. Wiens.

Further, the Board found that the limited participation of the BCWF will not result in unnecessary delay of the proceedings, and that it will provide the affected resident hunters’ perspective in the appeals.

The Board granted the BCWF’s application for participant status on the conditions that it provides a Statement of Points, that it limits its oral arguments to 30 minutes, and that it does not lead evidence, call witnesses, or cross-examine witnesses.

Accordingly, the application for participant status was allowed.