Forest Practices Code of BC Act

PART 7 - GENERAL

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 This document is available only as a reference for those sections repealed when the Forest and Range Practices Act came into force January 31, 2004.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

Division 1 - Liability and Privilege

160. Liability of government

160. (1) The ministers, persons employed under the Public Service Act and any other person who acts on behalf of the government are not liable in a personal or official capacity for loss or damage suffered by another person by reason of anything done or omitted in the exercise or performance or purported exercise or performance of a power or duty under this Act, the regulations or the standards unless the person who brings the action proves that the person acting on behalf of the government was not acting in good faith.

(2) Subsection (1) does not absolve the government from vicarious liability arising out of an act or omission for which it would be vicariously liable if this section were not in force.

(3) Without limiting subsection (1), the board, the commission, the council, if any, and their members, their employees, persons retained by them under section 191 (2), persons exercising a delegated power under section 193 and any other persons acting on behalf of any of them are persons acting on behalf of the government for the purposes of subsection (1).

(4) Despite subsection (2), the government is not liable in respect of any loss or damage caused or resulting, directly or indirectly, by or from,

(a) the enactment of this Act or a regulation or standard made under this Act, or

(b) anything done or omitted in the exercise or performance or purported exercise or performance of a power or duty conferred under this Act, the regulations or the standards, unless the person who brings the action proves that the person exercising or performing or purporting to exercise or perform the power or duty was not acting in good faith.

(5) It is conclusively deemed for all purposes, including for the purposes of the Expropriation Act, that no expropriation or injurious affection occurs as a result of

(a) the enactment of this Act or a regulation or standard made under this Act, or

(6) If damages or compensation is precluded by this section in respect of a matter, a person must not commence or maintain proceedings in respect of that matter

(a) to claim damages or compensation of any kind from the government, or

(b) to obtain a declaration that damages or compensation is payable by the government.

(7) This section applies despite any other enactment including the Expropriation Act.

161. Protection against libel and slander

161. For the purposes of any Act or law respecting libel or slander,

(a) anything said, all information supplied and all records and things produced in the course of an investigation, inquiry or proceedings before the board, commission or council, if any, under this Act are privileged to the same extent as if the inquiry or proceedings were proceedings in a court, and

(b) a report made by the board and a fair and accurate account of the report in a newspaper, periodical publication or broadcast is privileged to the same extent as if the report of the board were the order of the court.

162. Liability of persons to government

162. (1) A person is liable to the government for costs incurred by the government in

(a) controlling or suppressing a fire, and

(b) establishing a free growing stand

if the costs are incurred as a result, directly or indirectly, of the person's failure to comply with

(d) a requirement of a regulation or standard made under this Act respecting fire use, prevention, control or suppression, or

(e) [Repealed]

(f) an order under section 78, 82, 84, 85, 94 or 118.

(2) A person is liable to the government for the value of Crown timber and other forest resources of the government or other property of the government damaged or destroyed as a result, directly or indirectly, of the person's failure to comply with a requirement or order referred to in subsection (1) (c) to (f).

(3) A person is liable to the government

(a) for costs incurred by the government in controlling or disposing of insects, diseases, animals or abiotic factors, and

(b) the value of Crown timber damaged or destroyed

directly or indirectly, as a result of the person's failure to comply with an order under section 106.

(4) No person may be found to have failed to comply with a requirement or order referred to in this section if the person establishes that

(a) the person exercised due diligence to prevent the failure to comply with the requirement or order,

(b) the person reasonably believed in the existence of facts that if true would establish that the person did not fail to comply with the requirement or order, or

(5) Subsection (4) does not apply in respect of a failure to comply referred to in subsection (1) that occurred before the coming into force of this subsection.

162.1 Limitation on liability of persons to government

162.1 (1) Subject to subsections (3) to (4), a holder of an agreement under the Forest Act is conclusively deemed to have met the specified obligations that are referred to in paragraph (d) and are obligations under this Act, the regulations or standards, or under an operational plan, a permit or another authorization, if the holder, in writing, submits to the district manager a declaration specifying all of the following:

(a) the cutblocks or roads affected, if any;

(b) the operational plans affected, if any;

(d) the obligations that have been met;

(e) the date of the declaration.

(2) The declaration must be signed by the holder who makes a declaration under subsection (1), if an individual, or, if a corporation, by an individual or the individuals authorized to sign on behalf of the corporation.

(3) If, within the prescribed period after receiving a declaration under subsection (1), the district manager gives notice in writing to the holder that an obligation specified in the declaration has not been met, then the holder remains responsible for meeting that obligation.

(3.1) The district manager must not give written notice to the holder under subsection (3) to the effect that an obligation in respect of establishing a free growing stand on an area has not been met unless the district manager has determined that

(a) a free growing stand has not been established, or

(b) a free growing stand has been established and the following circumstances apply:

(i) at the time the declaration was made, the stand was under threat from

(A) competition from plants, shrubs or other trees established on the area, or

(B) forest health concerns present on the area;

(ii) as a result of the threats referred to in subparagraph (i), the stand is unlikely to remain a free growing stand without further treatment.

(4) A holder who makes a declaration under subsection (1) remains responsible for an obligation if the holder

(a) made a material misrepresentation or misstatement of fact in the declaration, or

(b) omitted information from the declaration that the holder knew or ought to have known was material to determining if the obligations referred to in the declaration had been met.

(5) Repealed. [2003-56-20 (B.C. Reg. 467/2003)]

(6) Repealed. [2003-56-20 (B.C. Reg. 467/2003)]

162.2 When government may fund significant extra expense or waive obligation

162.2 (1) The district manager must grant the relief described in subsection (3) to a person who, under this Act, the regulations, the standards or an operational plan, has an obligation other than

(a) an obligation to establish a free growing stand, or

(b) a prescribed obligation, and

who satisfies the district manager that

(c) because of an event causing damage, the obligation on the area cannot be met without significant extra expense than would have been required if the damage had not occurred, and

(d) the person

(i) did not cause or contribute to the cause of the damage,

(ii) exercised due diligence in relation to the cause of the damage, or

(iii) contributed to the cause of the damage, but only as a result of an officially induced error.

(2) The district manager must grant

(a) the relief described in subsection (3), or

(b) the funding described in subsection (4)

to a person having an obligation to establish a free growing stand if the person satisfies the district manager that

(c) because of an event causing damage, the obligation to establish the free growing stand cannot be met without significant extra expense than would have been the case if the damage had not occurred, and

(d) the person

(i) did not cause or contribute to the cause of the damage,

(ii) exercised due diligence in relation to the cause of the damage, or

(iii) contributed to the cause of the damage but only as a result of an officially induced error.

(3) The relief, that must be granted under subsection (1) or that may be granted under subsection (2) (a), from an obligation by the district manager to a person is relief from

(a) the person's obligation to the extent only that the obligation cannot be met without significant extra expense related to the damage referred to in subsection (1) or (2), or

(b) the person's obligation in full if the district manager considers that the remaining obligation, after taking paragraph (a) of this subsection into account, is inconsequential.

(4) The funding for an obligation, that may be granted under subsection (2) (b) by the district manager to a person, is funding to the extent only that is required for the purpose of restoring the stand of trees on the area affected by the event referred to in subsection (2)

(a) to the stage the stand had reached at the time of the damage caused by the event, or

(b) to the stage that is consistent with the person's obligation in that regard as modified by a regulation under subsection (7).

(5) A decision in any proceedings, that a person having an obligation referred to in subsection (1) or (2) did or did not do any of the things referred to in subsection (1) (b) or (2) (d), is binding on the district manager.

(6) The district manager may not under this section grant relief or funding in respect of an event causing damage if the event occurred before the coming into force of this subsection.

(7) The Lieutenant Governor in Council may make regulations

(a) respecting the modification of an obligation referred to in subsection (2) to establish a free growing stand, and

(b) for the purpose of subsection (6), resolving any doubts as to

(i) what constitutes an event, or

(ii) when an event occurred.

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Division 2 - Miscellaneous

163. Confidentiality and disclosure to government

163. (1) In this section, "person" means

(a) the government, the board, the commission or the council, if any,

(b) an employee, agent and independent contractor of the government, the board, the commission or the council, if any, and

(2) Each of the following persons must take an oath that he or she will not disclose information or records obtained under this Act, the regulations or the standards except as permitted by this section and the Freedom of Information and Protection of Privacy Act and the regulations under that Act:

(a) a member of the board, commission or council, if any;

(b) an employee of the board, commission or council, if any;

(d) a specialist or consultant retained by the board, commission or council, if any.

(3) A person must not disclose any information or record obtained in exercising or performing a power, duty or function under this Act, the regulations or the standards except as required for the performance of his or her duties under this Act or the regulations or as permitted in this section or the Freedom of Information and Protection of Privacy Act and the regulations under that Act.

(4) A person may disclose to the government any information or record obtained in the exercise or performance of a power, duty or function under this Act, the regulations or the standards.

(5) A person may disclose information or a record in the course of a proceeding referred to in section 183.

(6) A person must not disclose, or be compelled to disclose, any information or record obtained in the exercise of a power, duty or function under this Act, the regulations or the standards to a court, or in a proceeding of a judicial nature, except in the following matters:

(a) a trial of a person for perjury;

(b) a proceeding to enforce powers of investigation under this Act;

(d) a review or appeal under this Act.

164. How notice may be given

164. (1) A notice or other document that the government, board or commission is required or permitted to give to a person under this Act, the regulations or the standards may be given by giving it, or a copy of it, to the person as follows:

(a) if the person is an individual,

(i) by leaving it with the individual,

(ii) by leaving it at the individual's last or most usual place of residence with someone who is or appears to be at least 16 years of age, or

(iii) by mailing it by registered mail to the individual's last known postal address;

(b) if the person is a corporation

(i) by leaving it with

(A) a director, officer or manager of the corporation,

(B) a receptionist at a place of business of the corporation, or

(ii) by leaving it at the registered office of the corporation if the corporation is incorporated under the Company Act, or

(iii) by mailing it by registered mail to

(A) the registered office of the corporation,

(B) the attorney of the corporation appointed under section 304 of the Company Act, or

(c) if the person is a municipal corporation, regional district or other local government body, by leaving it with or sending it by registered mail to the local government corporate officer, the deputy of that officer or some similar local government officer. NEW

(2) A notice or other document that is mailed to a person by registered mail under subsection (1) is conclusively deemed to be received by the person on the eighth day after it is mailed.

165. Extension of time

165. The minister, or a person the minister authorizes in writing, may extend the time required to do anything under this Act, the regulations or the standards, other than

(a) the time required for a review or appeal of a determination,

(b) the time required to commence a proceeding, or

166. Evidence of designation or delegation

166. (1) A document purporting to have been issued by one of the ministers certifying that the minister has designated a person as an official or senior official under this Act is admissible as evidence of the designation without proof of the signature or official character of the minister purporting to have signed the document.

(2) A document purporting to have been issued by a district manager certifying that the district manager has delegated a power or duty to a person under this Act is admissible as evidence of the delegation without proof of the signature or official character of the district manager purporting to have signed the document.

167. Powers cumulative

167. The powers in this Act, the regulations and the standards for the government to

(a) make an order,

(b) impose a fine or penalty, or

may be exercised separately, concurrently or cumulatively, and do not affect the powers of the government under this or any other enactment.

168. Amendment or remedial action does not affect offences or penalties

168. (1) An amendment to an operational plan does not affect any fine, imprisonment, fee, charge or penalty to which a person may be liable under this Act, the regulations or the standards, if the offence or contravention occurred before the amendment.

(2) Taking remedial action after an offence or contravention has occurred does not affect any fine, imprisonment, fee or penalty to which a person may be liable under this Act, the regulations or the standards, for the offence or contravention.

169. Right of proceeding

169. Nothing in this Act, the regulations or the standards limits, interferes with, or extends the right of a person to commence or maintain a proceeding for damages caused by fire.

170. Power to enter into agreements

170. (1) The government may enter into agreements to assist in ensuring that forest resources are properly managed and conserved.

(2) Without limiting subsection (1), on behalf of the government

(a) the chief forester may enter into agreements for the growing and disposing of seeds, seedlings and vegetative propagules,

(b) a designated forest official may enter into agreements for the control and disposal of insects, diseases, animals and abiotic factors on forest land and for sharing costs of control and disposal,

(c) the minister or a designated forest official may enter into agreements under which the government provides forest protection, forest health services, or fire control or suppression services, or

(d) a designated forest official may enter into an agreement with a person to develop, expand, maintain, repair or close an interpretive forest site, recreation site or recreation trail.

(3) An amount equal to any money paid to the government under an agreement referred to in subsection (2) (c) for a purpose specified in that subsection

(a) is appropriated for that purpose,

(b) is in addition to any other amount appropriated for that purpose, and

171. Appropriation for fire fighting

171. If money appropriated for direct fire fighting costs in any year is insufficient, the extra money is to be paid out of the consolidated revenue fund without any appropriation other than this section.

172. Property in trees

172. Trees established on Crown land under section 69.1 or 70 are the property of the government.

173. Whistle-blower protection

173. A person must not evict, discharge, suspend, expel, intimidate, coerce, impose any pecuniary or other penalty on, or otherwise discriminate against, a person because that person complains or is named in a complaint, gives evidence or otherwise assists in respect of a prosecution, complaint or other proceeding under this Act, the regulations or the standards.

174. Cost of performing obligations

174. (1) If this Act, a regulation or a standard requires a person to perform an obligation or otherwise comply with this Act, the regulations or the standards, the person must do so at the person's own expense unless another provision of this Act or the regulations specifically provides otherwise.

(2) If a person is required under the Act, the regulations or the standards to submit an operational plan or any other plan for approval to a person acting on behalf of the government, any implementation of the plan or prescription is at the person's own expense.

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