Forest Practices Code of BC Act

Ministry of Forests, Lands and Natural Resource Operations

PART 6 - COMPLIANCE AND ENFORCEMENT

DIVISION 2 - FORFEITURE

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 This document is available only as a reference for those sections repealed when the Forest and Range Practices Act came into force January 31, 2004.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

115. Forfeiture of timber, chattels, hay, etc.

115. (1) An official may seize the following:

(a) Crown timber that the official has reasonable grounds to believe was cut or removed in contravention of section 96;

(b) timber, lumber, veneer, plywood, pulp, newsprint, special forest products, wood residue and chattels on which the government has a lien under section 130 (1) (d) of the Forest Act;

(i) was removed from land in contravention of section 84 (1) or (3) of the Forest Act,

(ii) has not been scaled under section 94 of the Forest Act and is being or has been

(A) transported to a place other than the place where it is required to be scaled, or

(B) used in manufacturing,

(iii) is being transported outside British Columbia in contravention of section 127 of the Forest Act,

(iv) is being or has been transported in contravention of any regulation made under the Forest Act, or

(v) is mixed with timber to which this subsection applies;

(d) any timber product that the official has reasonable grounds to believe has been manufactured from timber, including special forest products, that has not been scaled under section 94 of the Forest Act;

(e) hay that has been cut, removed or damaged contrary to section 100;

(f) hay that has been stored contrary to section 101;

(g) a botanical forest product that the official has reasonable grounds to believe has been bought or traded contrary to section 104;

(h) a vehicle or vessel transporting timber, timber products, hay or botanical forest products to which paragraphs (a) to (g) apply.

(2) The regional manager may sell

(a) at a public auction or by private sale, Crown timber seized under subsection (1) (a), hay seized under subsection (1) (e), or botanical forest products seized under subsection (1) (g), and

(b) at a public auction, timber, chattels, timber products or hay seized under subsection (1) (b), (c), (d) or (f).

(3) If timber, chattels or timber products are sold under subsection (2) (b), notice of the public auction must be published at least 10 days in advance, in or near the area where the sale is to take place, and must

(a) specify the time and place of the auction, and

(b) identify the name of the person from whom the timber, chattel or timber product was seized.

(4) If the money realized from the public auction exceeds the money that is payable to the government, including interest and costs of seizure, storage and sale, the surplus must be paid to the person who possessed the property when it was seized if the property is

(a) timber, a chattel or a timber product seized under subsection (1) (b), or

(b) timber seized under subsection (1) (c) (v).

(5) Despite subsection (4), if within 30 days after the sale a person other than the person referred to in subsection (4) serves a notice of a claim to the surplus on the regional manager, the surplus must be retained until the determination of the respective rights of persons claiming the surplus.

(6) The total proceeds from the sale of timber, a chattel or a timber product seized and sold under this section, other than timber, chattels or timber products referred to in subsection (4) (a) or (b), must be paid into the consolidated revenue fund.

(7) A vehicle or vessel seized under subsection (1) (h) must be released from seizure once the timber, chattel, timber product, hay or botanical forest product is delivered to a location specified by the official.

(8) If an official determines that a person has contravened section 98, the official, or person authorized by the official, may do one or more of the following:

(a) drive the livestock from Crown range;

(b) round up, seize, tranquilize and hold the livestock;

(i) the safety of a person acting under this section is threatened by an animal that is being driven, rounded up, seized, tranquilized or held,

(ii) it is impracticable to round up the livestock, or

(iii) it would be humane treatment to do so.

(9) If livestock are held under subsection (8),

(a) an official may return the livestock to the owner on payment of the reasonable costs of driving, rounding up, seizing, tranquilizing, holding, maintaining and returning the livestock or of disposing of a destroyed animal, or

(b) the district manager may sell the livestock in accordance with the regulations.

(10) A district manager, an official and a person authorized by an official must take reasonable care of livestock while driving, rounding up, seizing, tranquilizing, holding, returning or selling them under this section.

(11) If livestock are sold under subsection (9), all of the following apply:

(a) the purchaser acquires absolute ownership of the livestock, free of encumbrances;

(b) the government will pay the balance of proceeds realized from the sale, after deducting the costs incurred for the driving, rounding up, seizing, holding and selling the livestock, to a person who

(i) provides evidence satisfactory to the district manager that the person owned the livestock immediately before the sale, and

(ii) applies in writing to the district manager for the balance within 6 months after the sale;

(c) the balance of proceeds from the sale, if not paid under paragraph (b), must be paid to the consolidated revenue fund.

116. No interference with notice

116. A person must not, without the permission of the district manager, remove, alter, destroy or deface a notice posted by the government for the purposes of notifying the public of a seizure under section 115.