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Regulations
- Forest Practices Code of BC ActFOREST PRACTICES BOARD REGULATION
Contents
B.C. Reg. 170/95 Deposited April 12, 1995
O.C. 438/95 effective June 15, 1995
Consolidated to March 30, 2001
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PART 1 - DEFINITIONS
- PART 2 - AUDITS
- PART 3 - COMPLAINTS
- PART 4 - ANNUAL REPORT
- 1. In this
regulation:
"Act" means the Forest Practices Code of British Columbia Act;
"party" has the same meaning as in section
175 of the Act;
"significant breach" means
(a) with respect
to a party's level of compliance with the requirements of Parts
3 to 5 of the Act and the regulations and standards made in
relation to those Parts, a breach of one or more of those
requirements that has caused or is beginning to cause
significant harm to persons or the environment, and
(b) with respect to the appropriateness of government enforcement under Part 6 of the Act,
a breach of the government's enforcement duties under that Part that has caused or is
beginning to cause significant harm to persons or the environment.
- 2. The board may develop standards for the purpose of the periodic independent
audits required under section 176 of the Act.
- 3. (1) In
accordance with this section, the board must appoint auditors to
carry out the periodic independent audits.
(2) The board must not engage or retain an auditor to carry out the periodic independent
audits unless, in the opinion of the board, the auditor is
(a) familiar
with the Act, the regulations and the standards established by
the chief forester under section 8 of the Act,
(b) capable of
assessing the environmental impact of forest practices,
(c) capable of
performing the audits in accordance with the standards developed
under section 2, and
(d) independent of the person being audited.
(3) If an audit is to be carried out
(a) by a single
auditor, that auditor must be a member in good standing of an
accredited professional body approved by the board, or
(b) by a team of auditors, at least one member of the team must be a member in good
standing of an accredited professional body approved by the board.
- 4. (1) If an auditor identifies a probable significant breach, the auditor must
(a) contact the
person being audited, and
(b) conduct audit tests to
(i) ascertain
the extent of the breach, and
(ii) address any information provided by the person being audited.
(2) If the auditor determines, after carrying out the requirements of subsection (1), that
a significant breach has occurred, the auditor must immediately advise the following
persons of the significant breach:
(a) the board;
(b) the person
being audited;
(c) the ministers.
- 5. The board must make a final audit report available
(a) to any
person within  90
days
of its submission by the auditor, and
(b) to the person being audited at least 7 clear days before the report is made available
under paragraph (a).
- 6. The matters on which a person may make a complaint to the board under section
177 of the Act are the following:
(a) a party's
compliance with the requirements of Parts 3 to 5 of the Act and
the regulations and standards made in relation to those Parts;
(b) the appropriateness of government enforcement under Part 6 of the Act.
- 7. (1) A person
who wishes to make a complaint to the board must deliver a written
notice of complaint to the board.
(2) A notice of complaint must contain
(a) the name and
address of the complainant, and the name of the person, if any,
making the request on the complainant's behalf,
(b) the address
for service of the complainant,
(c) the grounds
for the complaint, and
(e) a statement describing the relief requested.
- 8. If a notice of complaint does not comply with section 7, the board
(a) must deliver
to the complainant written notice of the deficiencies, inviting
the complainant, within the period specified in the notice, to
submit further material remedying the deficiencies, and
(b) need not proceed with the complaint until an amended notice of
complaint, with the deficiencies corrected, is delivered to the board.
- 9. (1) The board must acknowledge in
writing any notice of complaint, or any amended notice of
complaint with the deficiencies corrected.
(2) Within 60 days
after receipt of the notice of complaint or of the amended notice
of complaint, the chair must determine whether the complaint is to
be investigated or if, in the opinion of the chair, any of the
criteria referred to in section 177 (2) of the Act applies.
(3) The board may, at any time, consult with a party
(a) to attempt
to settle the complaint, or
(b) for any other purpose related to a complaint or investigation.
- 9.1 If the board investigates a complaint, the notification under section 181 of
the Act must be in writing and must set out the nature of the complaint being
investigated.
- 10. (1)
By April 30
of each year, the chair must submit the
annual report for the immediately preceding calendar year required
by section 189 of the Act.
(2) The annual report referred to in subsection (1) must specify
(a) the number
of audits initiated and completed during the year,
(b) the persons
audited,
(c) the
resources used in carrying out the audits,
(d) a summary of
the results of audits completed during the year,
(e) the number
of complaints received during the year,
(f) the number
of special investigations carried out as a result of the
complaints received during the year,
(g) a summary of
the results of the complaints heard, and special investigations
carried out during the year, and
(h) the resources used in carrying out the hearings and special investigations resulting
from those complaints.
[Provisions of the Forest Practices Code of British Columbia Act relevant to the enactment of this regulation: Part 10]
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