Decision Date: March 1, 2017

Panel: Alan Andison

Keywords: Wildlife Act – s. 70(1)(b); Administrative Tribunals Act – s. 17(2); consent order; guide outfitter; permit

Barry Brandow appealed a decision of the Deputy Regional Manager (the “Regional Manager”), Recreational Fisheries and Wildlife Programs, Kootenay-Boundary Region, Ministry of Forests, Lands and Natural Resource Operations (the “Ministry”), denying Mr. Brandow’s application for a permit.

Mr. Brandow is a guide outfitter. In 2016, he applied for a permit under section 70(1)(b) of the Wildlife Act to take clients on guided hunts for black bear in an area east of Christina Lake during 2017. Under section 70(1)(b) of the Wildlife Act, a regional manager may issue a permit authorizing a guide outfitter to guide in an area other than that endorsed on his or her guide outfitter licence. Most of the clientele of guide outfitters are non-resident hunters. For many years in the past, Mr. Brandow had received such permits.

The Regional Manager denied Mr. Brandow’s permit application on the basis that: such permits may only be issued in special circumstances; in December 2014 the Minister directed that such permits will only be issued when there is no material impact to resident hunter priority (over non-resident hunters); and, Ministry policy did not support the issuance of a permit in this case.

Mr. Brandow appealed on the grounds that such permits had supported his small family business since the 1980’s, and his guided hunting business helps deal with “problem” bears in the Christina Lake area.

After the appeal was filed, the parties negotiated an agreement to resolve the appeal. The Regional Manager advised that he was willing to obtain more information from Mr. Brandow and reconsider his permit application in light of that information, and he would consider the Minister’s December 2014 direction as guidance only. Thus, by consent of the parties, and pursuant to section 17(2) of the Administrative Tribunals Act, the Board directed the Regional Manager to reconsider his decision.

Accordingly, the appeal was allowed.