The Annual Report of Compliance and Enforcement Statistics for the Forest Practices Code
Table of Contents
Introduction:British Columbia's first Forest Practices Code came into effect on June 15, 1995. This is the first annual report on compliance with and enforcement of the Forest Practices Code. It gives an objective picture of compliance and enforcement activities from June 15, 1995, to June 15, 1996. The annual report contains statistics on provincial and regional compliance and enforcement, including major licensees as well as small business and woodlot licence programs. The Forest Practices Code (the code) consists of the Forest Practices Code of British Columbia Act and associated regulations. Their aim is to improve forest and range management and practices in British Columbia. And it's working already - forest practices are generally improving. Carrying the force of law, the code ensures that what happens in our forests is well-planned, that it takes all resource values into account, that activities adhere to the requirements of the code, and that responsibility rests with the proper parties. By far, the majority of companies operating in B.C.'s forests have shown a willingness to make this new approach work. The Ministry of Forests' (the Forest Service) main objective is to help them carry out forest practices the right way. Making sure the code is complied with is an essential component of that task. Monitoring compliance includes inspections and audits, and covers government agencies as well as industry, to oversee performance and to gauge the effectiveness of the code. In the first year of the code, new staff were hired and trained to meet the increased demands for monitoring and enforcement, and agencies were reorganized to allocate resources where they are needed most. To make sure that the administration of the code is fair and balanced, training and information continues to be shared between the ministries with code responsibilities: Ministry of Forests, Ministry of Environment Lands and Parks, and Ministry of Employment and Investment (Energy and Minerals Division). In addition to the three ministries, the Forest Practices Board and Appeals Commission are set up to make sure the code is managed effectively. The board has a two-fold function: 1) to carry out periodic audits, and 2) to carry out special investigations (e.g. as a result of receiving a complaint). The board may only report its findings. The role of the board is a cross between "auditor-general of the woods" and "ombudsman of the woods". It is not "enforcer of the code". The Appeals Commission's function is to hear appeals from enforcement actions taken by the ministries under the code (it does not hear appeals from decisions under the Forest Act). To keep a record of forest practices in the province, the Ministry of Forests has created the Enforcement Actions, Administrative Review and Appeal (ERA) computerized tracking system. With ERA, the Ministry of Forests can track:
As the ERA system continues to evolve, it is sure to become an invaluable tool for ensuring sound forest practices. The following statistics were compiled using the new ERA tracking system. Statistical Summary:The following diagrams are from the ministry's first year of gathering information about enforcement activities under the code. The 31,183 inspections completed by Ministry staff identified 2,685 incidents. Of these, many are still under investigation, while others have been the subject of formal or informal measures. Informal measures, such as verbal or written instructions issued by field staff, are a useful and practical mechanism to help ensure compliance with the code. Formal measures are used when it is determined by an official that the code has clearly been contravened. It is important to note that the number of administrative remedies specified for the reporting period are subject to revision depending on the outcome of reviews or appeals. Under the code, 50 administrative reviews have been requested, and 19 appeals have been filed with the Forest Appeals Commission. Compliance and Enforcement Statistics for the Forest Practices Code Questions and Answers
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What does a contravention mean?Under the code, licensees must follow strict planning rules to ensure timber harvesting, road construction and other forest practices are carried out in a way that will adequately manage and conserve forest resources. Licensees must also reforest harvested area, maintain and deactivate forest roads, and do whatever is necessary to rehabilitate areas that have been disturbed by their activities. The risk of failure is always borne by the licensees. Any failure to meet a code requirement - even when the failure is not the licensee's fault - is a contravention of the code. For example, under the code a major licensee must reforest harvested areas. Any failure to do so is a contravention of the code - even if the failure is due to weather, insect infestation, or other factors beyond the licensee's control. As a result, the question of fault is important in selecting appropriate enforcement actions. If the licensee is not at fault, as in the case of the licensee who fails to reforest an area due to weather or insect infestation, administrative remedies are used to ensure the licensee fixes the problem or compensates the Crown. If the licensee is at fault, administrative remedies can also be used to ensure the licensee does not profit from a failure to meet a code requirement and to deter any recurrence. In cases of serious contraventions licensees may be prosecuted for an offence. What does it mean if a licensee is given a monetary penalty?Monetary penalties are one of the administrative remedies available under the code. The fact that a licensee has been assessed a monetary penalty means that a senior ministry official has determined that the licensee has failed to meet a requirement of the code. Monetary penalties (like other administrative remedies such as stopwork orders and remediation orders) are used to ensure the licensee bears the risk of any failure to meet a code requirement. They can also be used as a disciplinary measure if the failure is caused by carelessness or misconduct. However, monetary penalties should not be confused with fines that can be imposed by a court if a licensee is prosecuted and convicted for an offence. The following compliance and enforcement statistics represent a snapshot in time. The ERA database is dynamic, and is updated daily to reflect the most current information. Consequently, the figures in this report reflect information current to July 24, 1996 respecting incidents that occurred between June 15, 1995 and June 15, 1996. ForfeituresThe loss of possession and/or ownership of certain goods as a result of a person contravening the acts, or certain regulations. Monetary Penalty A monetary penalty levied under section 117 or section 119 of the Forest Practices Code of British Columbia Act. No Administrative Sanctions Warranted A senior official has determined that a contravention does not warrant the imposition of any form of administrative remedy. Remediation Orders An order issued under section 118 of the Forest Practices Code of British Columbia Act to remedy contraventions. Stopwork Orders An order issued under section 123 of the Forest Practices Code of British Columbia Act to cease certain activities that are in contravention. Violation Ticket A ticket issued under the Offence Act which carries a specific monetary fine. Compliance and Enforcement Statistics for the Forest Practices Code June 15, 1995 - June 15, 1996 To order a copy of the Compliance and Enforcement Annual Report or for more information on the Forest Practices Code, contact your local district Ministry of Forests office or: Ministry of Forests |
