October 15, 1996
PR96-005
Ombudsman concludes investigation into complaint of Mr. Gary Frostad against the Ministry of Forests
Victoria--Dulcie McCallum, Ombudsman for the Province of B.C., has concluded her investigation into the complaint of Mr. Gary Frostad against the Ministry of Forests. Mr. Frostad had complained that the ministry improperly issued a timber trespass determination against him. Mr. Frostad argued any alleged trespass was committed by a logger hired by him without his knowledge or responsibility, and the ministry's subsequent collection actions against him were unfair
The Ombudsman's Office investigated this complaint and determined that Mr. Frostad had not had the opportunity to appeal this determination. The ministry contended that Mr. Frostad's time for filing an appeal had expired and that there was no valid reason to grant an extension. Ms. McCallum concluded that "the absence of the opportunity to contest this matter by way of appeal, in the circumstances, raised questions of fairness." She also stated, "This matter had a profound impact on Mr. Frostad's personal situation and, in the absence of an appeal, it was not fair for the ministry to take further action on this debt. This is entirely separate from whether Mr. Frostad was responsible for the alleged trespass or not."
The Ombudsman's recommendation was that the ministry cease all collection actions and that it initiate a process to formally remit the debt under the terms of the Financial Administration Act. The ministry has advised that it will respect this recommendation. Ms. McCallum stated that, "Although the ministry does not believe it made any errors in its dealing with Mr. Frostad, its willingness to accept and implement my recommendations is to be commended, and evidences a good faith willingness to resolve this long-standing matter."
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