Forest Practices Code of BC Act

PART 6 - COMPLIANCE AND ENFORCEMENT

DIVISION 3 - ADMINISTRATIVE REMEDIES

NOTE: This is not the current version of the Forest Practices Code. This document is available only as a reference for those sections repealed when the Forest and Range Practices Act came into force January 31, 2004.

For the current version click here

• TABLE OF CONTENTS
• PART 1 - DEFINITIONS
• PART 2 - STRATEGIC PLANNING, OBJECTIVES AND STANDARDS
• PART 3 - OPERATIONAL PLANNING REQUIREMENTS FOR GOVERNMENT AND FOR FOREST AND RANGE TENURE AGREEMENTS
• PART 4 - FOREST PRACTICES SPECIFIC TO FOREST AND RANGE TENURE AGREEMENTS AND THE GOVERNMENT
• PART 5 - PROTECTION OF FOREST RESOURCES: GENERAL
• PART 6 - COMPLIANCE AND ENFORCEMENT
  • DIVISION 1 - INSPECTING, STOPPING AND SEIZING
  • DIVISION 2 - FORFEITURE
  • DIVISION 3 - ADMINISTRATIVE REMEDIES
  • DIVISION 4 - ADMINISTRATIVE REVIEW AND APPEALS
  • DIVISION 5 - OFFENCES AND COURT ORDERS
• PART 7 - GENERAL
• PART 8 - FOREST PRACTICES BOARD
• PART 9 - FOREST APPEALS COMMISSION
• PART 10 - REGULATIONS
• PART 10.1 - PILOT PROJECTS TO IMPROVE THE REGULATORY FRAMEWORK FOR FOREST PRACTICES
• PART 11 - TRANSITIONAL PROVISIONS

117. (1) If a senior official determines that a person has contravened this Act, the regulations, the standards or an operational plan, the senior official may levy a penalty against the person up to the amount and in the manner prescribed.

(2) If a person's employee, agent or contractor, as that term is defined in section 152 of the Forest Act, contravenes this Act, the regulations or the standards in the course of carrying out the employment, agency or contract, the person also commits the contravention.

(3) If a corporation contravenes this Act, the regulations or the standards, a director or officer of it who authorized, permitted or acquiesced in the contravention also commits the contravention.

(4) Before the senior official levies a penalty under subsection (1) or section 119, he or she

(a) must consider any policy established by the minister under section 122, and

(b) subject to any policy established by the minister under section 122, may consider the following:

(i) previous contraventions of a similar nature by the person;

(ii) the gravity and magnitude of the contravention;

(iii) whether the violation was repeated or continuous;

(iv) whether the contravention was deliberate;

(v) any economic benefit derived by the person from the contravention;

(vi) the person's cooperativeness and efforts to correct the contravention;

(vii) any other considerations that the Lieutenant Governor in Council may prescribe.

(5) The senior official who levies a penalty against a person under this section, section 118 (4) or (5) or 119 must give a notice of determination to the person setting out all of the following:

(a) the nature of the contravention;

(b) the amount of the penalty;

(c) the date by which the penalty must be paid;

(d) the person's right to a review and appeal including the title and address of the review official to whom a request for a review may be made.

(6) For the purposes of subsection (1) the Lieutenant Governor in Council may prescribe penalties that vary according to

(a) the area of land affected by the contravention,

(b) the volume of timber affected by the contravention,

(c) the number of trees affected by the contravention, or

(d) the number of livestock affected by the contravention.

117.2 All revenue payable from penalties imposed under this Division and debts due under section 118 must be paid into the Environmental Remediation Sub-account of the Forest Stand Management Fund special account established by the Special Accounts Appropriation and Control Act.

118. (1) If a senior official determines that a person who is the holder of an agreement under the Forest Act or the Range Act has contravened this Act, the regulations, the standards or an operational plan, the senior official, in a notice of determination given under subsection (2), may order the person to do work to remedy the contravention

(a) by requiring the holder to carry out a forest practice

(i) that is required by the Act, the regulations, the standards or an operational plan, and

(ii) that the holder has failed to carry out, or

(b) by requiring the holder to repair any damage caused by the contravention to the land on which the forest practice was carried out.

(2) A senior official who orders work to be done under subsection (1), a designated forest official who requires removal or abatement of a fire hazard under section 82 or a district manager who orders work to be done under section 99 (2), 101 (2), 102 (3) or 106 (1) must give a notice of determination to the person setting out all of the following that are applicable:

(a) the nature of the contravention;

(b) the nature of the work to be done to remedy the contravention;

(c) the date by which the work must be completed;

(d) the person's right to a review and appeal, including the title and address of the review official to whom a request for review may be made;

(e) the right of the government to carry out the work and levy a penalty if the person fails to comply with the order.

(3) If a person fails to comply with an order under subsection (1) or section 82, 99 (2), 101 (2), 102 (3) or 106 (1) by the date specified in a notice given under subsection (2), a senior official may do one or more of the following:

(a) in a notice given to the person, restrict or prohibit the person from carrying out the work referred to in the order;

(b) subject to section 125, carry out the work;

(c) recover the sum of all direct and indirect costs the senior official determines were incurred in carrying out the work referred to in subsection (b) as a debt due the government, payable on demand;

(d) levy a penalty up to an amount that is twice the sum of all direct and indirect costs the senior official determines were incurred in carrying out the work referred to in paragraph (b);

(e) for the purpose of recovering the debt referred to in paragraph (c) and the penalty referred to in paragraph (d), realize on any security the person was required to provide under a regulation made under section 201.

(4) Repealed. [1997-48-108 (d)]

(5) Repealed. [1997-48-108 (d)]

(6) On completion of work carried out under subsection (3) (b), the senior official must provide the person with an accounting of expenditures relating to the work.

(7) If security is realized under subsection (3) (c), the person must immediately replace the security to the extent it has been realized.

(8) The senior official must promptly refund to the person any surplus of funds remaining from the realization of a security under subsection (3) (e) after payment of

(a) the sum of all direct and indirect costs determined under subsection (3) (c), and

(b) any penalty levied under subsection (3) (d).

(9) If the minister considers that a person is not complying, or has not complied, with an order under this section, the minister may apply to the Supreme Court for an order under section 147.

119. (1) If a senior official determines that a person has cut, damaged, removed or destroyed Crown timber in contravention of section 96, he or she may levy a penalty against the person up to an amount equal to

(a) the senior official's determination of the stumpage and bonus bid that would have been payable had the volume of timber been sold under section 20 of the Forest Act, and

(b) 2 times the senior official's determination of the market value of logs and special forest products that were, or could have been, produced from the timber.

(2) A penalty may not be levied under both section 117 and subsection (1).

(3) In addition to a penalty under section 117 or subsection (1), a senior official who determines that a person has cut, damaged, removed or destroyed Crown timber in contravention of section 96 may levy a penalty against the person up to an amount equal to the senior official's determination of

(a) the cost that will be incurred by the government in re-establishing a free growing stand on the area, and

(b) the costs that were incurred by government in applying silviculture treatments to the area that were rendered ineffective because of the contravention.

119.1 (1) For the purposes of a determination of a senior official under section 117, 118 or 119, no person may be found to have contravened a provision of this Act, the regulations, the standards or an operational plan if the person establishes that

(a) the person exercised due diligence to prevent the contravention,

(b) the person reasonably believed in the existence of facts that if true would establish that the person did not contravene the provision, or

(c) the person's actions relevant to the provision were the result of an officially induced error.

(2) Subsection (1) does not apply in respect of a determination made under section 117, 118 or 119 before the coming into force of this subsection.

(a) the cost that will be incurred by the government in re-establishing a free growing stand on the area, and

(b) the costs that were incurred by government in applying silviculture treatments to the area that were rendered ineffective because of the contravention.

120. A designated forest official who makes a determination under section 95 (2) that a person caused a fire, failed to comply with section 92 or contributed to the cause or spread of a fire must give the person a notice of determination setting out sufficient information to enable the person to respond to the determination.

121. (1) The district manager, designated forest official or regional manager may extend a date referred to in a notice of determination under this Division.

(2) Any penalty or charge is due on the date set out in the notice of determination, unless the person requests a review under section 127, in which case it is due on the date the stay under section 126 ceases to apply.

122. (1) The minister may establish, vary or rescind policies and procedures respecting penalties and remediation orders.

(2) Before a person levies a penalty under section 117 or 119, or makes an order under section 118, the person must consider any applicable policy or procedure established under this section.

(3) The policies and procedures established, varied or rescinded under subsection (1) must be made available for inspection by any person.

123. (1) If an official considers that a person is contravening a provision of this Act, the Forest Act or the Range Act, or the regulations or the standards made under those Acts, the official, in accordance with the regulations, may order that the contravention cease, or cease to the extent specified by the order until the person has a required licence, permit, plan, prescription or approval.

(2) An order under this section may be made to apply generally or to one or more persons named in the order.

(3) If the minister considers that a person is not complying, or has not complied, with an order under this section, the minister may apply to the Supreme Court for an order under section 147.

(4) The official who issued an order under subsection (1) or a senior official may rescind the order if the official or the senior official determines that there were insufficient grounds for issuing the order.

125. Any measures taken by a senior official under section 118 (3) (b) as a result of the failure of a person to comply with an order under section 106 (1) must be consistent with the Wildlife Act and the Pesticide Control Act.

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