The employer appealed orders issued by a Ministry of Labour inspector under the Occupational Health and Safety Act, arguing its tree nursery business was a farming operation exempt from the Act.
The Ministry contended the operation fell under the definition of 'logging' as it involved the practice of silviculture.
The Board found that the employer's business of cultivating seedlings primarily for the forestry and logging industry constituted silviculture.
Consequently, the operation was deemed an industrial establishment covered by the Act, and the appeal was dismissed.
