Compliance and Enforcement Statistics
for the Forest Practices Code
The Forest Practices Code came into effect on June 15, 1995. This is the second annual report on compliance with and enforcement of the Forest Practices Code. It gives an objective picture of compliance and enforcement activities from June 16, 1996 to June 15, 1997 and provides a follow-up to last year’s annual report. This report contains statistics recorded by the Ministry of Forests and the Ministry of Environment, Lands and Parks on provincial and regional compliance and enforcement. The report covers major licensees as well as small business and woodlot licence programs.
The Forest Practices Code (code) consists of the Forest Practices Code of British Columbia Act and associated regulations. The aim of the code is to improve forest and range management practices in B.C. and is jointly administered by the Ministry of Forests, the Ministry of Environment, Lands and Parks and the Ministry of Employment and Investment. The objective is to ensure forest practices are carried out in the right way.
The B.C. Forest Service ensures the compliance of “on-the-ground” forest practices, the efficiency and effectiveness of processes related to compliance and enforcement and the effectiveness of forest practices. To do this, a quality assurance program has been developed which consists of three major components: inspections, monitoring and audits. Inspections focus on the “on-the-ground” practices to determine whether the statutory obligations of licensees and the ministry are being met. Monitoring focuses on the management processes used to promote, verify and enforce compliance. Audits focus on the effectiveness and appropriateness of on-the-ground practices, the efficiency of management processes and the enforceability of statutory requirements.
In carrying out compliance inspections and associated enforcement activities, Forest Service staff often draw on the assistance of conservation officers and other Ministry of Environment, Lands and Parks specialists by performing joint inspections. In addition, conservation officers carry out their own inspections on forest use activities in the course of their routine inspections in fish and wildlife management.
The Forest Service keeps a record of forest practices enforcement activities throughout the province in the Enforcement Actions, Administrative Review and Appeals (ERA) computerised tracking system. The Ministry of Environment, Lands and Parks Conservation Officer Service keeps a record of environmental enforcement activities which are carried out by conservation officers throughout the province in a computer tracking system called the Conservation Officer Operational Recording System (COORS).
The common elements of both systems are that they track:
The statistics in this report were compiled using the ERA and COORS databases.
The following diagrams are from the government’s second year of gathering information about enforcement activities and contraventions under the code — (June 16, 1996 – June 15, 1997).
During this period government staff conducted 34,510 major and small business tenure, woodlot and other inspections of which 2083 identified problems including potential contraventions of the code. Of these, many are still under investigation, while others were the subject of formal or informal measures. Informal measures, such as written instructions issued by field staff, are useful and practical mechanisms to help ensure compliance with the code. Formal measures such as monetary penalties or remediation order are used when it is determined by a senior official that the code has clearly been contravened. Other formal measures such as stop work orders or forfeitures are used when a designated official reasonably believed a contravention is or has occured. The latter type of formal measures are not counted as contraventions in this report. It is also 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.
For this reporting period, 68 administrative reviews have been requested of which one has been withdrawn. Twenty-five appeals have been filed with the Forest Appeals Commission of which six have been withdrawn.
Since the code came into force there have been a total of 118 administrative reviews requests, and 44 appeals filed with the Forest Appeals Commission. This includes one appeal to the Commission by the Forest Practices Board for review of a forest district manager’s development plan approval.
Compliance and Enforcement Statistics for the Forest Practices Code
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.
Licensees are accountable for all contraventions of the code — even if the contravention was due to circumstances beyond the licensees control — and are required to remedy the contravention or compensate the Crown. Administrative remedies such as monetary penalties are used to exact compensation and to ensure that the licensee does not profit from the contravention. If the contravention occurs as a result of carelessness or misconduct on the part or the licensee, increased monetary penalties can be imposed as a disciplinary measure, and the licensee may be denied harvesting rights. This option is know as “performance-based harvesting”. In cases of serious contraventions, the licensee may also be prosecuted for an offence.
The 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 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.
