Forest Practices Code of BC Act

PART 8 - FOREST PRACTICES BOARD

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 This document is available only as a reference for those sections repealed when the Forest and Range Practices Act came into force January 31, 2004.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
• PART 7 - GENERAL
• PART 8 - FOREST PRACTICES BOARD
  • DIVISION 1 - DEFINITION
  • DIVISION 2 - COMPLAINTS AND AUDITS
  • DIVISION 3 - REMEDIES
  • DIVISION 4 - GENERAL
• 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

Division 1 - Definition

175. In this Part and the regulations related to this Part, "party" means

(a) the government,

(b) the holder of an agreement under the Forest Act,

(c) the holder of an agreement under the Range Act, or

(d) persons referred to in section 176 (2).

Division 2 - Complaints and Audits

176. (1) In accordance with the regulations, the board must carry out periodic independent audits and may carry out special investigations to determine

(a) compliance with the requirements of Parts 3 to 5 and the regulations and standards made in relation to those Parts by a party, and

(b) the appropriateness of government enforcement under Part 6.

(2) If, while carrying out under subsection (1) (a) an audit or investigation of a party,

(a) the board finds that the party complied with the requirements audited or investigated, and

(b) the only reason for that finding was that

(i) the party exercised due diligence to prevent non-compliance,

(ii) the party reasonably believed in the existence of facts that if true would establish that the person complied with the requirement, or

(iii) the party's actions relevant to the requirement were the result of an officially induced error,

the board may audit or investigate whether a person other than that party did not comply with the requirements, in the course of acting for or at the direction of the party.

177. (1) In accordance with the regulations, the board must deal with complaints from the public respecting prescribed matters that relate to this Act.

(2) Despite subsection (1), the board may refuse to investigate a complaint, or may stop investigating a complaint, if, in the opinion of the chair, any of the following applies:

(a) the complainant knew or ought to have known of the determination to which his or her complaint relates, more than one year before the complaint was received by the board;

(b) the law or existing administrative procedure provides a remedy adequate in the circumstances for the person aggrieved and, if the person aggrieved has not taken advantage of the remedy, there is no reasonable justification for the failure to do so;

(c) the complaint is frivolous, vexatious, not made in good faith or concerns a trivial matter;

(d) having regard to all the circumstances, further investigation is not necessary in order to consider the complaint;

(e) in the circumstances, investigation would not benefit the complainant.

(3) The board must promptly notify, in writing, the complainant and the party of its decision and the reasons for it and may indicate any other recourse that may be available to the complainant if it decides

(a) to not investigate or further investigate a complaint, or

(b) that the complaint has not been substantiated.

178. (1) Without limiting sections 176 and 177, for the purposes of those sections the board may investigate a determination.

(2) The board may conduct an audit or special investigation or complaint investigation despite a provision to the effect that a determination is final and whether or not there is a right of appeal.

(3) The board may not investigate conduct occurring before the commencement of this Act.

(4) If a question arises as to the board's jurisdiction to investigate a case or class of cases, the chair may apply to the Supreme Court for a declaratory order determining the question.

179. (1) The board may require a party to provide information or records related to an audit, a special investigation or a complaint investigation.

(2) The board may require the party to provide the information in the form and manner the board considers appropriate.

(3) The party must comply with a requirement of the board under subsection (1) or (2).

(4) Without restricting subsection (1), the board may do all of the following:

(a) at any reasonable time enter and inspect business premises occupied by a party, speak in private with any person there and otherwise investigate matters within the board's jurisdiction;

(b) require a person to provide information or produce a record or thing in his or her possession or control that relates to an investigation at a time and place the board specifies;

(c) make copies of information provided or a record or thing produced under this section.

(5) If the board obtains a record or thing under subsection (4) and the person from whom it was obtained requests its return, the board must, within 48 hours after receiving the request, return it to the person, but the board may again require its production in accordance with this section.

(6) In conducting an audit, a special investigation or a complaint investigation, the board members have the powers given to a commissioner by sections 15 and 16 of the Inquiry Act.

180. The board must not require information or a record to be produced if the Attorney General certifies that the giving of the information or record may

(a) interfere with or impede investigation or detection of offences,

(b) involve the disclosure of the deliberations of the Executive Council, or

(c) involve the disclosure of proceedings of the Executive Council or of any committee of the Executive Council, relating to matters of a secret or confidential nature, and would be harmful to the public interest.

181. (1) If the board conducts an audit or investigation, the board must notify the party affected and any other person the board considers appropriate.

(2) The board must consult with a party if the board receives a request for consultation from the party before the board has made its report under section 185.

182. If it appears to the board that there may be sufficient grounds for making a report or recommendation under this Act that may adversely affect a party or person, the board must inform the party or person of the grounds and must give the party or person the opportunity to make representations, either orally or in writing at the discretion of the board, before it decides the matter.

183. Evidence given by a person in proceedings before the board and evidence of the existence of the proceedings are inadmissible against the person in a court or in any other proceeding of a judicial nature except for the following:

(a) the trial of a person for perjury;

(b) the trial of a person for an offence under section 154;

(c) an application for judicial review or an appeal from a decision with respect to that application.

184. If a person incurs expenses in complying with a request of the board for production of documents or other information, the board may, at its discretion, reimburse that person for reasonable expenses.

Division 3 - Remedies

185. (1) Subject to subsection (1.1), after completing an audit or investigation, the board must report its conclusions, with reasons, to any complainant, to the party and, if the government is not the party affected by the audit or investigation, to the ministers.

(1.1) If an audit or investigation referred to in subsection (1) includes more than one party, the board may report its overall conclusions without reporting on compliance by each party.

(2) If the board makes a report under subsection (1), it may make recommendations it considers appropriate.

(3) Without limiting subsection (2), the board may make any of the following recommendations:

(a) a matter be referred to the appropriate party for further consideration;

(b) an act be remedied;

(c) an omission or delay be rectified;

(d) a decision or recommendation be cancelled or varied;

(e) reasons be given;

(f) a practice, procedure or course of conduct be altered;

(g) an enactment or other rule of law be reconsidered;

(h) any other steps be taken.

(4) Without limiting subsection (1), the chair may, if the regulations provide and in the manner they provide, make an application under section 128 for a review of a determination or failure to make a determination.

186. (1) If the board makes a recommendation under section 185 the board may request that the party notify it within a specified time

(a) of the steps that have been or are proposed to be taken to give effect to its recommendation, or

(b) if no steps have been or are proposed to be taken, of the reasons for not following the recommendation.

(2) If, after considering a response made by a party, the board believes it advisable to modify or further modify its recommendation, the board must notify the party and the complainant of its recommendation as modified and may request that the party notify it

(a) of the steps that have been or are proposed to be taken to give effect to the modified recommendation, or

(b) if no steps have been or are proposed to be taken, of the reasons for not following the modified recommendation.

(3) The party must respond promptly to the board's request under subsection (1) or (2).

187. (1) If, within a reasonable time after a request by the board under section 186, no action is taken that the board believes adequate or appropriate, the chair may, after considering any reasons given by the party,

(a) submit a report on the matter to the ministers, and

(b) after submitting a report under paragraph (a), make a report to the Lieutenant Governor in Council respecting the matter.

(2) The chair

(a) must attach to the report a copy of the board's recommendation and any response made to the board under section 186,

(b) must delete from his or her recommendation and from the response any material that would unreasonably invade any person's privacy, and

(c) may in his or her discretion delete material revealing the identity of a member, officer or employee of a party.

188. After a complaint investigation, if the board makes a recommendation under section 185 or 186 (2) and no action that the board believes adequate or appropriate is taken within a reasonable time, the board must inform the complainant of its recommendation and make such additional comments as it considers appropriate.

189. (1) In accordance with the regulations, the chair must report annually on the affairs of the board to the ministers.

(2) The minister must promptly table the report with the Legislative Assembly.

(3) If the chair considers it to be in the public interest, he or she may make a special report to the ministers or comment publicly respecting a matter relating generally to the exercise of the board's duties under this Act or to a particular case investigated by the board.

Division 4 - General

190. (1) The Lieutenant Governor in Council must establish a Forest Practices Board.

(2) The board consists of a chair, one or more vice chairs and other members the Lieutenant Governor in Council may appoint.

(3) Appointments under subsection (2) may be for a term of up to 3 years.

(4) The Lieutenant Governor in Council may

(a) appoint a person as a temporary member to deal with a matter before the board, or for a specified period or during specified circumstances, and

(b) designate a temporary member as chair.

(5) A temporary member has all the powers and may perform all the duties of a member of the board during the period or under the circumstances or for the purpose of the appointment.

(6) The Lieutenant Governor in Council may determine the remuneration, reimbursement of expenses and other conditions of employment of

(a) the chair, vice chair and other members of the board, and

(b) persons appointed under the regulations to carry out audits.

190.1 (1) The board may organize itself into panels, each comprised of one or more members.

(2) The members of the board may sit as a board or as a panel of the board, and 2 or more panels may sit at the same time.

(3) A panel of the board has the jurisdiction of the board and may exercise and perform the powers and duties of the board.

(4) A report, recommendation or action of a panel of the board is a report, recommendation or action of the board.

191. (1) Employees necessary to carry out the powers and duties of the board may be appointed under the Public Service Act.

(2) In accordance with the regulations, the board may engage or retain specialists, consultants and auditors that the board considers necessary to carry out the powers and duties of the office and may determine their remuneration.

(3) The Public Service Act does not apply to the retention, engagement or remuneration of specialists, consultants and auditors retained under subsection (2).

192. A person is not entitled to an oral hearing before the board.

193. (1) The chair may in writing delegate to a person or class of persons any of the board's powers or duties under this Act, except the power

(a) of delegation under this section, or

(b) to make a report under this Act.

(2) A delegation under this section is revocable and does not prevent the board exercising a delegated power.

(3) A delegation may be made subject to terms the chair considers appropriate.

(4) If the chair makes a delegation and then ceases to hold office, the delegation continues in effect as long as the delegate continues in office or until revoked by a succeeding chair.

(5) A person purporting to exercise a power of the board by virtue of a delegation under this section must, when requested to do so, produce evidence of his or her authority to exercise the power.

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