On 16 November 2001, the CEC Council unanimously instructed the Secretariat to develop a factual record with respect to assertions regarding logging at Sooke River and De Mamiel Creek, two sites in the Sooke watershed on Vancouver Island, British Columbia. These two areas were mentioned in submission SEM-00-004 (BC Logging), filed on 17 March 2000, by five environmental nongovernmental organizations from Canada and the United States.
The submission asserted that Canada is failing to effectively enforce sections 35(1) and 36(3) of the federal Fisheries Actin connection with logging operations on public and private lands throughout British Columbia. Section 35(1) prohibits the harmful alteration, disruption or destruction of fish habitat in the absence of an authorization issued or regulations made under s. 35(2). Section 36(3) prohibits the deposit of deleterious substances in waters frequented by fish unless the deposit is authorized by regulation. The submission identified logging by TimberWest Forest Products Corporation (TimberWest) in the two areas referenced in Council Resolution 01-12 as examples of Canada’s failure to effectively enforce ss. 35(1) and 36(3) with respect to private land logging in British Columbia.