Forest Practices Code of BC Act

PART 6 - COMPLIANCE AND ENFORCEMENT

DIVISION 1 - INSPECTING, STOPPING AND SEIZING

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 This document is available only as a reference for those sections repealed when the Forest and Range Practices Act came into force January 31, 2004.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

107. (1) In this Division "the Acts" means one or more of this Act, the regulations or the standards or the Forest Act, the Range Act or a regulation made under one of those Acts.

(2) For any purpose related to the administration or enforcement of the Acts, an official may enter, at any reasonable time, on land or premises, other than a dwelling house or a room being used as a dwelling, if the official has reasonable grounds to believe that the land or premises

(a) has located on it timber that is required to be scaled or marked with a timber mark under the Forest Act,

(b) is the site of timber harvesting that is regulated under this Act or the Forest Act,

(c) is the site of a forest practice that is regulated under this Act or is carried on by a person who is required under the Acts to hold a licence or permit to carry out that forest practice,

(d) is the site of trading in botanical forest products,

(e) is the site of an activity that requires a licence, permit, plan or approval under the Acts, or

(f) is the site of an industrial activity, as defined in section 75, being carried out in or within 1 km of a forest.

(3) An official may, at any reasonable time, enter on land that is in or within 1 km of a forest to inspect for fire hazards if the official has reasonable grounds to believe that an activity is being carried out or a condition exists on the land that might cause or produce a fire hazard.

(4) An official who enters on land or premises under this section may

(a) inspect any thing or any activity that is reasonably related to the purpose of the inspection, and

(b) require production for the purposes of inspection or copying of

(i) a licence, permit, operational plan or site plan that is required for the activity, and

(ii) a record required to be kept under the Acts.

108. For any purpose related to the administration and enforcement of the Acts, an official or peace officer may require a person operating a vehicle or vessel to stop the vehicle or vessel, and may carry out an inspection of a vehicle or vessel, if the official or peace officer has reasonable grounds to believe that the vehicle or vessel

(a) contains or is transporting timber, special forest products, botanical forest products or hay, and

(b) is under the operation or control of

(i) the holder of an agreement under the Forest Act or Range Act, or a product licence, or

(ii) any person.

109. An official or peace officer may require a person operating a vehicle or vessel to stop the vehicle or vessel, and may carry out an inspection of a vehicle or vessel, if the official or peace officer has reasonable grounds to believe that the person is contravening or has contravened

(a) this Act or the regulations or the Forest Act or the Range Act or the regulations under either Act.

(b) [Repealed]

110. (1) A senior official may, by written order, require the holder of an agreement under the Forest Act or Range Act, within the time specified in the order, to produce records that are

(a) related to an activity that requires a licence, permit, plan or approval under the Acts, and

(b) specified or otherwise described in the order.

(2) At any reasonable time an official may enter the business premises of a holder of an agreement under the Forest Act or Range Act where records are kept, for the purpose of inspecting or copying records that are required to be kept under the Acts.

111. An official who conducts an inspection under this Division or who seizes goods under Division 2 of this Part must, on the request of the person, provide proof of identity to the person who has apparent custody or control of the property or activity being inspected or the goods being seized.

112. (1) A person must not obstruct an official in the lawful exercise of an inspection.

(2) The operator of a vehicle or vessel must stop the vehicle or vessel when required to do so by an official referred to in section 108 or 109 who

(a) is in uniform,

(b) displays his or her official badge, or

(c) is in or near a vehicle or vessel that is readily identifiable as a government vehicle.

(3) A person who

(a) has apparent custody or control of the land, premises, records or other property that is being inspected,

(b) is in charge of the activity that is being inspected, or

(c) is operating a vehicle or vessel that is stopped under section 108 or 109,

must, on request of the official, produce

(d) proof of identity,

(e) a licence, permit, operational plan or site plan requested under section 107 (4) (b), and

(f) a record requested under section 110.

113. (1) A justice of the peace may issue a warrant under section 21 or 22 of the Offence Act to an official to enter premises and search for and seize evidence of a contravention of the Acts.

(2) The provisions of the Offence Act apply to the search and seizure.

114. An official exercising powers or duties under this Part may be accompanied by a peace officer.

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