Forestry Law 2020

Course Chairs
Robin Longe — Dentons Canada LLP, Vancouver
Thomas J. Moran — Norton Rose Fulbright Canada LLP, Vancouver

About the Course Chairs
Robin Longe is a partner in Dentons' Vancouver office, and a member of the firm's Corporate group.

Robin is a natural resources lawyer whose practice is focused on forestry, mining, environmental, and Aboriginal law. Robin has extensive experience in all aspects of corporate transactions in the mining and forestry sectors, and is regularly involved in the purchase and sale of timber and mining rights, sawmills, pulpmills, mines, and related equipment and infrastructure.

In addition, Robin regularly advises clients on logging contracts, mining option agreements, joint ventures, and other agreements specific to the mining and forestry industries, as well as negotiating arrangements with First Nations in BC, including impact and benefit agreements, negotiation protocols and limited partnership arrangements.

Thomas Moran is a partner on the Norton Rose Fulbright litigation team, with experience in a broad range of commercial and corporate litigation matters, including cases relating to real estate and commercial lease disputes, and contractual claims regarding natural resources and other property-related issues. This includes experience acting as counsel in a variety of forestry-related matters, including contractual disputes in court and arbitration, as well as administrative proceedings such as opportunities to be heard.

In addition, Mr. Moran acts as counsel on behalf of local governments, including the Township of Langley and the City of Coquitlam, on a variety of matters, including regulatory enforcement and cases involving challenges to the constitutionality of bylaws. He also acts on behalf of both property owners and local governments in expropriation claims and administrative disputes. Mr. Moran has experience in both trial and appellate matters, and has appeared before all levels of court in BC and before the Supreme Court of Canada.

Mr. Moran is actively involved in professional development both within his firm and in the legal community. He is the former chair of the Civil Litigation Subsection of the CBA in Vancouver, and has presented lectures on legal issues for lawyers and other professionals on a range of topics, including the law of damages and other contract and tort law issues, as well as municipal and director’s liability.

Faculty
Daniel R. Bennett, QC — Norton Rose Fulbright Canada LLP, Vancouver
Brook Greenberg — Fasken Martineau DuMoulin LLP, Vancouver
Xenia Kritsos — General Counsel and Corporate Secretary, Interfor Corporation, Vancouver
Sarah McCalla — Norton Rose Fulbright Canada LLP, Vancouver
Tamara Napoleon — Miller Titerle + Co., Vancouver
Amy B. Pressman — DLA Piper (Canada) LLP, Vancouver
Jeffery B. Waatainen — DLA Piper (Canada) LLP, Vancouver

Click here for full faculty bios

Welcome and Land Acknowledgement (9:00 – 9:10)

Highlights of Changes in BC Forest Law in 2020 (9:10 – 9:30)

Status of BC's forestry industry in 2020, including:

• the current state of the forestry industry in the Province
• recent developments in the markets for forest products
• trends concerning investments and transactions in the forestry sector

Highlights of recent developments in forestry law, including:

• the introduction of Bill 22
• amendments and changes to other key forestry legislation
• recent court decisions of interest

Robin Longe — Dentons Canada LLP, Vancouver
Thomas J. Moran — Norton Rose Fulbright Canada LLP, Vancouver

Overview of Crown Timber Tenure Regulation in BC (9:30 – 10:25)

• legislative overview (the Forest Act, FRPA, and the Wildfire Act)
• stumpage
• BC timber sales
• Bill 13
• planning

Jeffery B. Waatainen — DLA Piper (Canada) LLP, Vancouver

BREAK (10:25 – 10:45)

The Province's Claim to Timber from Private Managed Forests—Analysis of Selkirk Mountain Forest's Judicial Review (10:45 – 11:25)

Amy B. Pressman — DLA Piper (Canada) LLP, Vancouver

Negotiating First Nations Forestry Arrangements (11:25 – 12:05)

• DRIPA implementation of ss. 3 and 7 requiring legislative/policy reform and consent    
• shifts in policy mandate from FCRSA—Foundation and Pathway Agreements
• Legislative Reform—First Nations co-development of forest policy, including legislative and regulatory review

Tamara Napoleon — Miller Titerle + Co., Vancouver

LUNCH (12:05 – 12:45)

Perspective of In-house Counsel (12:45 – 1:20)

Xenia Kritsos — General Counsel and Corporate Secretary, Interfor Corporation, Vancouver

Litigation Update: Wildfire Act/Best Practices for Conducting an Opportunity to be Heard Under the Forest and Range Practices Act (1:20 – 1:55)

• how to prepare for an Opportunity to Be Heard
• putting "opportunity" into an Opportunity to Be Heard
• safeguarding clients from the Wildfire Act

Brook Greenberg — Fasken Martineau DuMoulin LLP, Vancouver

BREAK (1:55 – 2:15)

Case Law Roundup: Recent Decisions of Interest (2:15 – 3:15)

• a summary of recent decisions from BC's courts and the FAC

Daniel R. Bennett, QC — Norton Rose Fulbright Canada LLP, Vancouver
Sarah McCalla — Norton Rose Fulbright Canada LLP, Vancouver

Questions and Discussion (3:15 – 3:30)