Forest Practices Code of BC Act

PART 6 - COMPLIANCE AND ENFORCEMENT

DIVISION 5 - OFFENCES AND COURT ORDERS

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 This document is available only as a reference for those sections repealed when the Forest and Range Practices Act came into force January 31, 2004.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

142.(1) The time limit for laying an information respecting an offence under this Act or the regulations is 3 years after the facts on which the information is based first came to the knowledge of a district manager, regional manager or chief forester.

(2) A document purporting to have been issued by the district manager, regional manager or chief forester, certifying the day on which he or she became aware of the facts on which an information is based, is admissible without proof of the signature or official character of the individual appearing to have signed the document and, in the absence of evidence to the contrary, is proof of the matter certified.

143. (1) A person who contravenes section 45 (1), (3) or (4) or 96 (1) or (2), or who intentionally or recklessly causes damage to Crown forest land by starting a fire in contravention of section 76 (1) or 87 (1), commits an offence and is liable on conviction to a fine not exceeding $1 000 000, or to imprisonment for not more than 3 years, or to both.

(2) A person who contravenes section 46 (4), 47 (5), (6) or (7), 48 (1), 51 (2), 58 (2) or (3), 64 (1), (2), (3), (5) or (12), 67, 68 (1), (2) or (4), 69.1 (3), 70 (3), 76 (1), 87, 88 (2) or 92 (1) commits an offence and is liable on conviction to a fine not exceeding $500 000, or to imprisonment for not more than 2 years, or to both.

(3) A person who contravenes section 21, 21.1 (3), (5), (6) or (8), 22 (2), (3), (4), (5) or (6), 27 (1), 35 (1), 36 (2), 46 (1), (1.1) or (3), 47 (1) or (3.1), 50, 52 (2), 54 (1), (2), (3.3), (5.1) or (6), 60 (1), 74, 80, 91, 98, 99 (1), 100, 101 (1), 105 (4) (a), 106, 112, 154, 173, 248 (1) or (2), 249 or 250 (1) commits an offence and is liable on conviction to a fine not exceeding $100 000, or to imprisonment for not more than one year, or to both. , 74, 80, 91, 98, 99 (1), 100, 101 (1), 105 (4) (a), 106, 112, 154, 173, 248 (1) or (2), 249 or 250 (1) commits an offence and is liable on conviction to a fine not exceeding $100 000, or to imprisonment for not more than one year, or to both.

(4) A person who contravenes section 65, 79 (1), 84 (2) or (4), 85 (2), 86, 94 (2), 97, 101 (1.2), 102 (1), 104 or 105 (4) (b) commits an offence and is liable on conviction to a fine not exceeding $5 000 or to imprisonment for not more than 6 months, or to both.

(5) The maximum fine to which a person is liable on a second or subsequent conviction for the same offence under subsections (1) to (4) is double the amount set out in those subsections.

(6) The Lieutenant Governor in Council may, by regulation, provide that

(a) a contravention of a regulation or standard is an offence, and

(b) a person convicted of an offence for a contravention of a regulation or standard is liable to a fine not exceeding a maximum amount, or to imprisonment not exceeding a maximum length, or to both.

(7) If the maximum fine or imprisonment provided by a regulation under subsection (6) (b) is less than that provided by a provision of this Act, the regulation prevails.

144. (1) A person commits an offence who drives or places any nail, spike or other potentially hazardous object into any timber that person does not own or is not authorized to alter.

(2) A person commits an offence who possesses, with the intention of committing an offence under subsection (1), any nail, spike or other potentially hazardous object.

(3) A person commits an offence who solicits funds or material from another person with the stated intention that the funds or material will be used to enable a person to commit an offence under subsection (1).

(4) A person convicted of an offence under subsection (1) is liable

(a) to a fine of not more than $100 000, or to imprisonment for not more than 6 months, or to both,

(b) if the offence results in property damage in excess of $1 000, to a fine of not more than $100 000, or to imprisonment for not more than 1 year, or to both, or

(c) if the offence results in physical injury to an individual, to a fine of not more than $250 000, or to imprisonment for not more than 3 years, or both.

(5) A person convicted of an offence under subsection (2) or (3) is liable to a fine of not more than $10 000, or to imprisonment for not more than 6 months, or to both.

145. (1) In this section, "irreparable damage" means damage that results in one or more hectares of land being unable to support the growth of forage or trees of the same species, health and vigor as those that occupied the land before the damage.

(2) A person commits an offence who causes irreparable damage to Crown forest land or Crown range.

(3) A person who commits an offence under subsection (2) is liable, on conviction, to a fine of not more than $1 000 000 for each hectare of Crown forest land or Crown range that is irreparably damaged.

(4) A person does not commit an offence under subsection (2) if the person is

(a) acting in accordance with section 2 (4),

(b) building a road in accordance with an operational plan,

(c) acting in accordance with section 59 (1),

(d) carrying out fire control or suppression in accordance with this Act and the regulations, and

(e) acting in accordance with other prescribed requirements.

146. (1) A proceeding, conviction or penalty for an offence under this Act does not relieve a person from any other liability.

(2) The provisions of this Part are in addition to the provisions of any other enactment or rule of law under which

(a) a remedy or right of appeal or objection is provided, or

(b) a procedure is provided for inquiry into or investigation of a matter,

and nothing in this Act limits or affects that remedy, right, objection or procedure.

(3) Nothing in this section prevents a court that is determining the amount of a fine from taking into consideration the payment of an administrative penalty.

147. (1) If the minister considers that a person is not complying, or has not complied, with an order made under section 82, 99 (2), 101 (2), 102 (3), 106 (1), 118 or 123, the minister may apply to the Supreme Court for either or both of the following:

(a) an order directing the person to comply with the order or restraining the person from violating the order;

(b) an order directing the directors and officers of the person to cause the person to comply with or to cease violating the order.

(2) On application by the minister under this section, the Supreme Court may make an order it considers appropriate.

148. If a person is convicted of an offence under this Act or the regulations, then, in addition to any punishment the court may impose, the court may order the person to comply with the provisions of this Act.

149. If a person is convicted of an offence under this Act or the regulations, then, in addition to any other penalty, the court may order the person convicted to pay compensation or make restitution.

150. If a contravention of section 45 (1), (3) or (4), 51 (2), 96 (1) or (2), 98, 99 (1), 101 (1), 102 (1), 103 or 105 (4) (a) continues for more than one day, the offender is liable to a separate penalty, without notice and without a separate count being laid, for each day that the contravention occurs.

151. It is not a defence to a prosecution under section 96 or 97 that the person charged with the offence had the right to cut or remove timber on private land adjacent to Crown land and did not know the boundaries of the private land.

152. It is not a defence to a prosecution under section 100 or 101 that the person charged with the offence had the right to cut, remove or store hay on private land adjacent to Crown land and did not know the boundaries of the private land.

153. It is not a defence to a prosecution under section 102 that the person charged with the offence had the right to construct, rehabilitate or maintain a recreation site or trail

(a) on private land adjacent to Crown land and did not know the boundaries of the private land, or

(b) on Crown land on which the person was authorized under another enactment to carry out the activities, and did not know the boundaries of that parcel of Crown land.

154. A person contravenes the Act who

(a) without lawful excuse, intentionally interferes with,

(b) without lawful excuse, intentionally fails to comply with a lawful requirement of, or

(c) intentionally makes a false statement to or misleads or attempts to mislead,

another person who is

(d) employed under the Public Service Act, a member of the board, commission or council, if any, or a person retained under section 191 (2), and

(e) exercising a power or duty under this Act, the regulations or the standards.

155. If a person is convicted of an offence under this Act or the regulations, then in addition to any other punishment that may be imposed, the court may, by order, do one or more of the following:

(a) prohibit the person from doing anything that may result in the continuation or repetition of the offence or contravention;

(b) direct the person to take any action the court considers appropriate to remedy or avoid any harm to the environment that results or may result from the act or omission that constituted the offence;

(c) direct the person to publish, at his or her own cost, the facts relating to the conviction;

(d) direct the person to compensate the minister, in whole or in part, for the cost of any remedial or preventative action taken by or caused to be taken on behalf of the ministry as a result of the act or omission that constituted the offence;

(e) direct the person to pay court costs;

(f) direct the person to pay the costs of the investigation.

156. (1) The court that convicts a person of an offence under this Act may increase a fine imposed on the person by an amount equal to the court's estimation of the amount of the monetary benefit acquired by or that accrued to the person as a result of the commission of the offence.

(2) A fine under subsection (1)

(a) applies despite any provision that provides for a maximum fine, and

(b) is in addition to any other fine under this Act.

157. (1) In a prosecution for an offence under this Act or the regulations, it is sufficient proof of the offence to establish that it was committed by the defendent's employee, agent or contractor.

(2) It is a defence to prosecution under subsection (1) if the defendant establishes that the defendant exercised due diligence to prevent the commission of the offence.

(3) This section applies even if the employee, agent or contractor has not been identifed or prosecuted for the offence.

157.1 Due diligence, mistake of fact and officially induced error are defences to a prosecution under this Act.

158. If a corporation commits an offence under this Act or the regulations by contravening this Act, a regulation or a standard , a director or officer of the corporation who authorized, permitted or acquiesced in the offence also commits the offence.

159. Section 5 of the Offence Act does not apply to this Act, the regulations or the standards.

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