Energy, Mines and Resources

Fact Sheets

Appealing Forest Resources Act administrative decisions

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French translation forthcoming


Under the Forest Resources Act, there are two types of appeals:

  1. appeals of director’s decisions; and,
  2. appeals of protection orders made to the director.


1. Appeals of Director’s decisions

If you are affected by a director’s decision, you may initiate an appeal within 30 days of that decision in accordance with the Forest Resources Act and Regulations. If you are appealing (in this situation you are known as “the appellant”) you must give written notice of the appeal within 30 days of the decision to all of the following people:

  • the assistant deputy minister of the Sustainable Resources Division (the person delegated on behalf of Energy, Mines and Resources);
  • the director of the Forest Management branch; and,
  • anyone whom you view to be affected by the appeal.

The appeal is submitted as a written notice, which includes at a minimum:

  • name and contact details;
  • a copy of the director’s decision being appealed;
  • a statement (description) of how the client is affected by the director’s decision; and,
  • a statement indicating the grounds for the appeal.

Failure to supply this minimum information may result in dismissal of an appeal. During the hearing process, you may be requested to provide more information, for example, if you need clarification on a particular matter.

For appeals concerning decisions by the director of Forest Management branch, submit to:

Assistant Deputy Minister (Delegate)
Sustainable Resources Division
Energy, Mines and Resources
Government of Yukon
Box 2703
Whitehorse, Yukon
Y1A 2C6
Phone: 867.456.3827
Fax: 867.393.6340


Hearings

A hearing provides the person appealing opportunity to make submissions in writing (written notices) and, in some cases, verbally. In other words, depending on the circumstances the person appealing can supply their
submissions in writing or verbally at an in-person appeal hearing.

For an effective appeal, please ensure you: 

  • include all supporting evidence; and
  • meet all the appeal requirements of the Forest Resources Act and Regulations.


During an appeal

If an appeal is underway, the decision of the director remains in effect. For example, if a harvesting licence or permit is suspended due to a decision, then the licence or permit remains suspended and a client may not continue to operate until the outcome of an appeal overturns the suspension.


Final decision

Appeals will:

  • confirm the director’s decision; or
  • hand down a new decision (which supersedes the director’s decision); or
  • refer the matter to the director for reconsideration.


2. Appeals to the Director

The Forest Resources Act sets out a process by which a licence or permit holder can appeal to the director of Forest Management branch for a protection order issued by
a forest officer or natural resources officer. If you have been issued a protection order, then you may appeal to the director of the Forest Management branch in writing by close of business within seven (7)
calendar days of the date of issue.

For appeals to the director, submit to:

Phone: 867.456.3999
Fax: 867.667.3138
Email: forestry@gov.yk.ca
Mailing Address:
Box 2703 (K-918)
Whitehorse, Yukon
Y1A-2C6
Physical Address:
Mile 91807 Alaska Highway
Whitehorse, Yukon


You have appealed to the director of the Forest Management branch. What happens next?

1. If an appeal to a protection order was provided to the director in writing within seven days of issue then the client is entitled to a hearing. More information may be requested during the hearing process (for example, if clarification is needed on a particular matter).

2. After a hearing takes place, the director will (within seven days) make the decision either to cancel or confirm the order or provide amendments as appropriate.

Contact Us: 

Mile 918 Alaska Highway
Box 2703, Whitehorse, Yukon Y1A 2C6
Phone: 867.456.3999 / 1.800.661.0408 ext. 3999
Fax: 867.667.3138
E-mail: forestry@gov.yk.ca