Statutes and Regulations
 
FOREST AND RANGE PRACTICES ACT
SBC 2002, c. 69


 
Part 6 – Compliance and Enforcement
 
  Definition for Part 6
  58.1 In this Part, "the Acts" means one or more of this Act, the regulations or the standards or the Forest Act, the Range Act or a regulation made under the Forest Act or the Range Act.
 
 
  Applicability of certain provisions of Part 6 of this Act
for the Forest Practices Code of British Columbia Act
  58.2 (1) Sections 59 to 70, 71 (1), (2), (5) and (6), 72 to 86, 88 to 96, 98 to 101 and 103 of this Act apply to and in respect of
      (a) the Forest Practices Code of British Columbia Act, and
      (b) the regulations or standards under that Act
      in relation to the period that ended at midnight on January 30, 2004.
 
    (2) Subject to section 36 (1) (d) of the Interpretation Act, for contraventions of
      (a) the Forest Practices Code of British Columbia Act, or
      (b) the regulations or standards under that Act
      that occurred before midnight on January 30, 2004,
      (c) the maximum administrative penalties, and
      (d) the maximum fines and periods of imprisonment
      are as provided for under the Forest Practices Code of British Columbia Act at the time of the contravention.
 
    (3) For the purposes of this section,
      (a) the references in section 67 of this Act to sections 52, 50 (2) and 51 must be read as references to sections 96, 100 and 101, respectively, of the Forest Practices Code of British Columbia Act,
      (b) the reference in section 68 (1) of this Act to section 50 (1) must be read as a reference to section 98 of the Forest Practices Code of British Columbia Act,
  (c) the reference in section 71 (2) (a) (i) of this Act to an administrative penalty in an amount that does not exceed a prescribed amount must be read as a reference
        (i) to
  (A) the penalty provided for under section 117 (1) of the Forest Practices Code of British Columbia Act, up to and including the amount provided for under that provision, or
  (B) that penalty plus the additional penalty provided for in section 119 (3) of that Act, up to and including the amount referred to in that provision, or
        (ii) to
  (A) the penalty provided for in section 119 (1) of the Forest Practices Code of British Columbia Act, up to and including the amount referred to in that provision, or
  (B) that penalty plus the additional penalty provided for in section 119 (3) of that Act, up to and including the amount referred to in that provision,
  (d) the references in section 90 of this Act to sections 26 (2), 51 (7), 54 (2), 57 (4), 66 (1) and 74 (1) must be read as references to sections 106 (1), 101 (2), 99 (2), 102 (3), 123 and 118, respectively, of the Forest Practices Code of British Columbia Act,
  (e) the reference in section 93 of this Act to section 46 (1) must be read as a reference to section 45 (1), (3) or (4), as applicable, of the Forest Practices Code of British Columbia Act,
  (f) the references in section 93 of this Act to sections 50 (1), 54 (1), 55 and 57 (1) must be read as references to sections 98, 99 (1), 103 and 102 (1), respectively, of the Forest Practices Code of British Columbia Act,
  (g) the references in section 94 of this Act to sections 52 and 53 must be read as references to sections 96 and 97, respectively, of the Forest Practices Code of British Columbia Act,
  (h) the reference in section 95 of this Act to section 50 must be read as a reference to section 100 of the Forest Practices Code of British Columbia Act, and
  (i) the reference in section 96 of this Act to section 57 must be read as a reference to section 102 of the Forest Practices Code of British Columbia Act.
 
 
Division 1 – Inspecting, Stopping and Seizing
 
 
  Entry and inspection
  59 (1) Repealed. [2005-31-3]
 
    (1.1) In subsection (2), "dwelling" means
  (a) a structure that is occupied as a private residence, and
  (b) if only part of a structure is occupied as a private residence, that part of the structure.
 
    (2) For any purpose related to the administration or enforcement of the Acts or an agreement under the Forest Act or the Range Act, or related to the verification of a statement made in an application for an agreement under the Forest Act or the Range Act, an official may enter, at any reasonable time, on land or premises, other than a dwelling, if the official has reasonable grounds to believe that the land or premises
      (a) has located on it timber that is required to be scaled or marked with a timber mark under the Forest Act,
      (b) is the site of a forest or range practice that is regulated under the Acts or is carried on by a person who is required under the Acts to hold a licence or permit to carry out that practice,
      (c) is the site of trading in botanical forest products, or
      (d) Repealed [2004 Bill 25 (B.C. Reg. 38/2005)]
      (e) is the site of an activity that under the Acts requires a licence, a permit, a plan or an approval.
 
    (3) At any reasonable time an official may enter on land that is in or within 1 km of a forest to inspect for fire hazards if the official has reasonable grounds to believe that an activity is being carried out or a condition exists on the land that might cause or produce a fire hazard.
 
    (4) An official who enters on land or premises under this section may
      (a) inspect anything or any activity that is reasonably related to the purpose of the inspection, and
      (b) require production for the purposes of inspection or copying of
        (i) a licence, a permit or an operational plan that is required for the activity, and
        (ii) a record required to be kept under the Acts.
 
    (5) A peace officer has the powers and duties of an official under subsections (2) and (4) with respect to the enforcement of the provisions of the Forest Act and regulations respecting marine log salvage.
 
 
  Inspection of vehicle or vessel carrying forest or range products
  60   For any purpose related to the administration and enforcement of the Acts, an official or a peace officer may
      (a) require a person operating a vehicle or vessel to stop the vehicle or vessel, and
      (b) carry out an inspection of a vehicle or vessel,
      if the official or peace officer has reasonable grounds to believe that
      (c) the vehicle or vessel contains or is transporting timber, special forest products, seed, botanical forest products or hay, or
      (d) a person is contravening or has contravened one or more provisions of the Acts.
 
 
  Delivery of records
  61 (1) The minister may order the holder of an agreement under the Forest Act or the Range Act to produce to the district manager specified records that are related to an activity that requires a licence, a permit, a plan or an approval under the Acts or under the agreement.
 
    (2) At any reasonable time, an official may enter the business premises of a holder of an agreement under the Forest Act or the Range Act in which records are kept, for the purpose of inspecting or copying records that are required to be kept under the Acts.
 
 
  Obligation of an official
  62   An official who
      (a) under this Division enters onto land or premises, conducts an inspection, stops a vehicle or vessel or requests records, or
      (b) under Division 2 of this Part seizes goods
      must provide proof of identity, on the request of the person who
      (c) is in possession or apparent possession of the land or premises,
      (d) has apparent custody or control of the records or property being inspected,
      (e) is in charge of the activity being inspected, or
      (f) is operating a vehicle or vessel stopped under section 60.
 
 
  Obligation of person inspected
  63 (1) The operator of a vehicle or vessel must stop the vehicle or vessel when required to do so by
      (a) a peace officer, or
      (b) an official referred to in section 60
      who
      (c) is in uniform,
      (d) displays his or her official badge, or
      (e) is in or near a vehicle or vessel that is readily identifiable as a government vehicle or vessel.
 
    (2) A person who
      (a) is in possession or apparent possession of the land or premises,
      (b) has apparent custody or control of the records or property being inspected,
      (c) is in charge of the activity being inspected, or
      (d) is operating a vehicle or vessel stopped under section 60,
      must produce if and as required by the official
      (e) proof of identity,
      (f) a licence, a permit or an operational plan held by the person under the Acts, or
      (g) a record required under section 59 (4).
 
 
  Warrant to search and seize evidence
  64 (1) A justice of the peace may issue a warrant under section 21 or 22 of the Offence Act to an official to enter premises and search for and seize evidence of a contravention of the Acts.
 
    (2) The Offence Act applies to the search and seizure.
 
 
  Peace officers may accompany
  65   An official exercising powers or performing duties or functions under this Part may be accompanied by a peace officer.
 
 
  Stop work order
  66 (1) If an official has reasonable grounds to believe that a person is contravening a provision of the Acts, the official may order that the contravention stop, or stop to the extent specified by the order, until the person has a required licence, permit, plan, approval, variance, exemption or other authorization.
 
    (2) An order to stop work under subsection (1) must be in writing and include all of the following:
      (a) the nature of the contravention;
      (b) the extent to which the contravention or activity must cease;
      (c) the date by which the requirements of paragraph (b) must be met;
      (d) notice of the person's right under section 80 to a review or under section 82 to an appeal;
      (e) an address to which a request for a review may be delivered.
 
    (3) In addition to the methods of giving notice under section 110, the official who issues a stop work order may give it to a corporation or partnership, by giving the order to an individual who is working at the site on behalf of the corporation or partnership.
 
    (4) An official who exercises the discretion under subsection (3) must also notify the corporation or partnership as specified in section 110, within 72 hours after giving the order to the individual mentioned in subsection (3).
 
    (5) An order under this section may be made to apply generally or to one or more persons named in the order.
 
    (6) The official who issued an order under subsection (1) or the minister
      (a) must rescind the order if the official or the minister determines that there were insufficient grounds for issuing the order, and
      (b) may rescind the order in prescribed circumstances.
 
 
Division 2 – Seizure
 
 
  Seizure of timber, chattels, hay, livestock, etc.
  67 (1) An official may seize the following:
      (a) Crown timber that the official has reasonable grounds to believe was cut or removed in contravention of section 52;
      (b) timber, lumber, veneer, plywood, pulp, newsprint, special forest products, wood residue and chattels on which the government has a lien under section 130 (1) (d) of the Forest Act;
      (c) timber, including special forest products, that the official has reasonable grounds to believe
        (i) was removed from land in contravention of section 84 (1) or (3) of the Forest Act,
        (ii) has not been scaled under section 94 of the Forest Act and is being or has been
          (A) transported to a place other than the place where it is required to be scaled, or
          (B) used in manufacturing,
        (iii) is being transported outside British Columbia in contravention of section 127 of the Forest Act,
NEW        (iii.1) a person is attempting to remove from British Columbia in contravention of section 127.1 of the Forest Act,NEW
        (iv) is being or has been transported in contravention of any regulation made under the Forest Act, or
        (v) is mixed with timber to which this subsection applies;
      (d) any timber product that the official has reasonable grounds to believe has been manufactured from timber, including special forest products, that has not been scaled under section 94 of the Forest Act;
      (e) seed that the official has reasonable grounds to believe has been collected contrary to the prescribed requirements;
      (f) hay that the official has reasonable grounds to believe has been cut, removed or damaged contrary to section 50 (2);
      (g) hay that the official has reasonable grounds to believe has been stored contrary to section 51;
      (h) a botanical forest product that the official has reasonable grounds to believe has been obtained contrary to the regulations;
      (i) a vehicle or vessel transporting any of the following to which paragraphs (a) to (h) apply:
        (i) timber;
        (ii) timber products;
        (iii) seed;
        (iv) hay;
        (v) botanical forest products.
 
    (2) If satisfied, after reconsidering the circumstances of a seizure under this section , that there is no longer any basis for retaining the things seized, the official who seized the things may release them and
      (a) return them to the person from whom they were seized, or
      (b) deliver them at the direction of that person to another person.
 
    (3) The minister may
      (a) deal with, at his or her discretion, Crown timber seized under subsection (1) (a), seed seized under subsection (1) (e), hay seized under subsection (1) (f), botanical forest products seized under subsection (1) (h), or
      (b) after giving the person from whom the timber, chattels, timber products or hay seized under subsection (1) (b), (c), (d) or (g) an opportunity to be heard, sell at a public auction the timber, chattels, timber products or hay.
 
    (4) If timber, chattels or timber products are sold under subsection (3) (b), notice of the public auction must be published at least 10 days in advance, in or near the area where the sale is to take place, and must
      (a) specify the time and place of the auction, and
      (b) identify by name the person from whom the timber, chattel or timber product was seized.
 
    (5) If the money realized from the public auction exceeds the money that is payable to the government, including interest and the costs of seizure, storage and sale, the surplus must be paid to the person who possessed the property when it was seized if the property is
      (a) timber, a chattel or a timber product seized under subsection (1) (b), or
      (b) timber seized under subsection (1) (c) (v).
 
    (6) Despite subsection (5), if within 30 days after the sale a person other than the person referred to in subsection (5) serves a notice of a claim to the surplus on the regional manager, the surplus must be retained until the determination of the respective rights of persons claiming the surplus.
 
    (7) The proceeds from the sale of timber, a chattel or a timber product seized and sold under this section , other than
      (a) timber, chattels or timber products referred to in subsection (5) (a) or (b), and
      (b) an amount equal to the costs of seizure, storage and sale
      must be paid into the consolidated revenue fund, and an amount equal to the costs of seizure, storage and sale may be used to pay those costs or reimburse the payment of those costs.
 
    (8) A vehicle or vessel seized under subsection (1) (i) must be released from seizure once the timber, chattel, timber product, seed, hay or botanical forest product is delivered to a location specified by the official.
 
 
  Forfeiture of livestock
  68 (1) If an official has reasonable grounds to believe that a person has contravened section 50 (1), the official, or person authorized by the official, may do one or more of the following:
      (a) drive the livestock that are the subject of the contravention from Crown range;
      (b) round up, seize, tranquilize and hold the livestock;
      (c) destroy the livestock if
        (i) the safety of a person acting under this section is threatened by an animal that is being driven, rounded up, seized, tranquilized or held,
        (ii) it is impracticable to round up the livestock, or
        (iii) it would be humane treatment to do so.
 
    (2) If livestock are held under subsection (1),
      (a) an official may return the livestock to the owner
        (i) on payment of the reasonable costs of driving, rounding up, seizing, tranquilizing, holding, maintaining and returning the livestock or of disposing of a destroyed animal, or
        (ii) if satisfied, after reconsidering the circumstances that led to the livestock being held, that there is no longer any basis for holding the livestock, or
      (b) the minister may sell the livestock.
 
    (3) The minister, an official or a person authorized by an official must take reasonable care of livestock while driving, rounding up, seizing, tranquilizing, holding, returning or selling them under this section .
 
    (4) If livestock is sold under subsection (2)
      (a) the government must pay the balance of proceeds realized from the sale, after deducting the costs incurred for the driving, rounding up, seizing, holding and selling the livestock to a person who
        (i) provides evidence satisfactory to the district manager that the person owned the livestock immediately before the sale, and
        (ii) applies in writing to the district manager for the balance within 6 months after the sale,
      (b) the balance of proceeds from the sale, after deducting the costs incurred for driving, rounding up, seizing, holding and selling the livestock, if not paid under paragraph (a), must be paid into the consolidated revenue fund, and
      (c) an amount equal to the costs of seizure, storage and sale may by used to pay those costs or reimburse the payment of those costs.
 
 
  Common provisions for seizure and forfeiture
  69 (1) The minister may release things seized under section 67 or 68 and
      (a) return them to the person from whom they were seized, or
      (b) deliver them at the direction of that person to another person.
 
    (2) On a sale under section 67 or 68 the purchaser acquires absolute ownership free of encumbrances.
 
 
  No interference with notice
  70   Without the permission of the minister a person must not, remove, alter, destroy or deface a notice posted by the government for the purposes of notifying the public of a seizure under section 67 or 68.
 
 
Division 3 – Administrative Remedies
 
 
  Administrative penalties
  71 (1) The minister, after giving a person who is alleged to have contravened a provision of the Acts an opportunity to be heard, may determine whether the person has contravened the provision.
 
    (2) After giving a person an opportunity to be heard under subsection (1), or after one month has elapsed after the date on which the person was given the opportunity, the minister,
      (a) if he or she determines that the person has contravened the provision,
        (i) may levy an administrative penalty against the person in an amount that does not exceed a prescribed amount, or
        (ii) may refrain from levying an administrative penalty against the person if the minister considers that the contravention is trifling and that it is not in the public interest to levy the administrative penalty, or
      (b) may determine that the person has not contravened the provision.
 
    (3) Subject to section 72, if a person's contractor, employee or agent contravenes a provision of the Acts in the course of carrying out the contract, employment or agency, the person also contravenes the provision.
 
    (4) If a corporation contravenes a provision of the Acts, a director or an officer of the corporation who authorized, permitted or acquiesced in the contravention also contravenes the provision.
 
    (5) Before the minister levies an administrative penalty under subsection (2), he or she must consider the following:
      (a) previous contraventions of a similar nature by the person;
      (b) the gravity and magnitude of the contravention;
      (c) whether the contravention was repeated or continuous;
      (d) whether the contravention was deliberate;
      (e) any economic benefit derived by the person from the contravention;
      (f) the person's cooperativeness and efforts to correct the contravention;
      (g) any other considerations that the Lieutenant Governor in Council may prescribe.
 
    (6) If the minister levies an administrative penalty against a person under this section or under section 74 (3) (d) the minister must give a notice of determination to the person specifying:
      (a) the provision contravened;
      (b) the amount of the penalty;
      (c) the date by which the penalty must be paid;
      (d) the person's right to a review under section 80 or to an appeal under section 82;
      (e) an address to which a request for a review may be delivered.
 
    (7) For the purposes of this section , the Lieutenant Governor in Council may prescribe administrative penalties that vary according to
      (a) the area of land affected by the contravention,
      (b) the volume of timber affected by the contravention,
      (c) the number of trees affected by the contravention,
      (d) the number of livestock affected by the contravention,
      (d.1) the amount of forage destroyed by the contravention, or
      (e) the amount of hay affected by the contravention.
 
 
  Defences in relation to administrative proceedings
  72   For the purposes of a determination of the minister under section 71 or 74, no person may be found to have contravened a provision of the Acts if the person establishes that the
      (a) person exercised due diligence to prevent the contravention,
      (b) person reasonably believed in the existence of facts that if true would establish that the person did not contravene the provision, or
      (c) person's actions relevant to the provision were the result of an officially induced error.
 
 
  Penalty revenue to be paid into special account
  73   All revenue derived from administrative penalties levied under this Division must be paid into the Environmental Remediation Sub-account of the Forest Stand Management Fund special account established by the Special Accounts Appropriation and Control Act.
 
 
  Remediation orders
74 (1) If the minister determines NEWunder section 71NEW that a person who
      (a) is the holder of an agreement under the Forest Act or the Range Act, or
      (b) is in a prescribed category of persons, and is not a contractor who, at the material time, was acting in accordance with a contract with a holder described in paragraph (a),
      has contravened a provision of this Act or a regulation or standard, the minister may order the person to do work reasonably necessary to remedy the contravention.
 
    (2) If the minister makes an order under subsection (1) of this section or under section 51 (7), 54 (2) or 57 (4), the minister or official, as the case may be, must give written notice, accompanied by the order, to the holder or person, specifying
      (a) the provision contravened,
      (b) the work to be done to remedy the contravention,
      (c) the date by which the work must be completed,
      (d) the person's right to a review under section 80 or to an appeal under section 82,
      (e) the right under subsection (3) (b) of the minister to carry out the work, and
      (f) the right under subsection (3) (d) of the minister to levy an administrative penalty for the contravention.
 
    (3) If a person, by the date specified in a notice given under subsection (2), does not comply with an order of the minister under subsection (1) of this section or under section 51 (7), 54 (2) or 57 (4), the minister may do one or more of the following:
      (a) by order restrict or prohibit the person from carrying out the work referred to in the order;
NEW      (b) carry out the work;NEW
      (c) by order require the person to pay to the government the amount of all direct and indirect costs the minister determines were reasonably incurred in carrying out the work referred to in paragraph (b);
      (d) by order levy an administrative penalty not exceeding an amount that is the sum of the costs referred to in paragraph (c);
      (e) for the purpose of recovering the costs referred to in paragraph (c) or the administrative penalty referred to in paragraph (d), realize any security provided by the person under the regulations.
 
    (4) The minister must give written notice of the completion of work carried out under subsection (3) (b) and of any order under subsection (3) (a) or (c) to the person to whom the notice under subsection (2) was given,
      (a) informing the person of
        (i) the restrictions or the prohibition under an order under subsection (3) (a), and
        (ii) the amount payable by the person to the government under an order under subsection (3) (c) and the person's liability under section 130 of the Forest Act to pay that amount,
      (b) providing the person with a copy of the order under subsection (3) (a), and
      (c) providing the person with a copy of the order under subsection (3) (c) and with an accounting of the expenditures relating to the work.
 
    (5) The minister must give written notice to the person, who is the subject of an order under subsection (3) (d), providing the person with a copy of the order and informing the person of
      (a) the amount of the administrative penalty and the person's liability under section 130 of the Forest Act to pay that amount,
      (b) the reasons for the administrative penalty, and
      (c) the person's right to a review under section 80 or to an appeal under section 82, including an address to which a request for a review or appeal may be delivered.
 
    (6) The person immediately must replace security realized under subsection (3) (e).
 
    (7) The minister must refund to the person any surplus of funds remaining from the realization of a security under subsection (3) (e), after payment of
      (a) the amount of the costs referred to in subsection (3) (c), and
      (b) any administrative penalty levied under subsection (3) (d).
 
    (8) If the holder of an agreement or another person who receives an order under subsection (1)
      (a) carries out work specified in the order, and
      (b) incurs expenses in excess of the expenses that the person would have incurred if the order had not been made,
      and the order is rescinded on review or appeal, then, to the extent provided in the regulations, the excess expenses of the work are to be paid by the government.
 
 
  Limitation period
  75 (1) The period during which an administrative penalty may be levied under section 71 (2) or 74 (3) (d) or an order may be made under section 74 (1) is 3 years beginning on the date on which the facts that lead to the determination that the contravention occurred first came to the knowledge of an official.
 
    (2) A document purporting to have been issued by an official referred to in subsection (1), certifying the date the facts that lead to the determination that the contravention occurred first came to the knowledge of the official,
      (a) is admissible in an appeal referred to in section 82 of the determination, without proof of the signature or official character of the individual appearing to have signed the document, and
      (b) in the absence of evidence to the contrary, is proof of the matter certified.
 
 
  Administrative penalty due date – Repealed
  76   Repealed. [2004-36-95]
 
 
  Extension of due date for administrative penalties and other charges, on review or appeal
  76.1   Despite section 130 (1) (a) of the Forest Act, if
      (a) an order or other determination under this Act imposes an administrative penalty or other charge against a person, and
      (b) the person, under section 80 or 82 of this Act may request a review of the order or other determination or may appeal the order or other determination,
      the penalty or charge is due and payable on the date the stay under section 78 of this Act ceases to apply.
 
 
  Power of intervention: general
77 (1) The minister, by order that meets the prescribed requirements, may require a person who is the holder of an agreement under the Forest Act or the Range Act or is in a prescribed category of persons to
      (a) remedy,
      (b) mitigate, or
      (c) stop,
      in a manner and to the extent that is reasonable in the circumstances, an act or omission of the person that the minister reasonably believes will result in a contravention of the Acts and will or probably will cause
      (d) a catastrophic impact on public health or safety,
      (e) any prescribed event or circumstance that will result in a free growing stand required under this Act not being established, or
      (f) any prescribed event or circumstance having an adverse impact on the environment.
 
    (2) If the minister believes on reasonable grounds that a person is transporting or is about to transport beetle-infested timber and that the transportation of the timber will or probably will cause or has caused an adverse impact on the environment, the minister, by order that meets the prescribed requirements, may require the person
      (a) to stop or refrain from transporting the beetle-infested timber, and
      (b) to carry out specified measures to reduce the potential for the adverse impact on the environment.
 
    (3) The Lieutenant Governor in Council may prescribe the circumstances in which and the conditions on which a person who has taken measures under subsection (1) or (2) may recover all or part of an amount reasonably incurred for the direct costs of carrying out the measures.
 
 
  Power of intervention: first nations
  77.1 (1) If an operational plan for an area is approved and the minister subsequently concludes, on the basis of information that was not known to the person who granted the approval, that carrying out a forest practice or range practice under the plan will continue or result in a potential unjustifiable infringement of an aboriginal right or title in respect of the area, the minister
      (a) must notify the holder of the plan of the previously unavailable information,
      (b) by order given to the holder of the plan, may vary or suspend to the extent the minister considers necessary one or more of the following:
        (i) the operational plan;
        (ii) a forest practice or range practice;
        (iii) a cutting permit;
        (iv) a road permit, and
NEW      (c) by order given to the holder of a BC timber sales agreement who is operating under the plan, may vary or suspend to the extent the minister considers necessary one or both of the following:
        (i) a forest practice;
        (ii) a BC timber sales agreement.NEW
 
    (2) If the holder of an agreement under the Forest Act or the Range Act is exempt under this Act from the requirement to have an operational plan for an area and the minister subsequently concludes, on the basis of information that was not known to the person who granted the exemption, that carrying out a forest practice or range practice under the exemption will continue or result in a potential unjustifiable infringement of an aboriginal right or title in respect of the area, the minister
NEW      (a) must notify the following of the previously unavailable information:
        (i) the holder of the agreement;
        (ii) the timber sales manager, if the agreement is a BC timber sales agreement, andNEW
      (b) by order given to the holder of the agreement, may vary or suspend to the extent the minister considers necessary one or more of the following:
        (i) the exemption, including any conditions associated with the exemption;
        (ii) a forest practice or range practice;
        (iii) a cutting permit;
        (iv) a road permit;
NEW        (v) a BC timber sales agreement.NEW
 
    (3) If the minister considers that an order under subsection (1) (b) or (2) (b) is no longer necessary, in whole or in part, the minister must promptly rescind the order except for those aspects, if any, that the minister considers are still necessary.
 
    (4) If an order under this section requires the holder of an agreement under the Forest Act or the Range Act to carry out a measure that results in the holder incurring expenses that are greater than if the order had not been made, then, to the extent provided in the regulations, the additional expenses of the measure are to be paid by the government.
 
    (5) Despite NEWsection 120.1 of this ActNEW, the minister may not delegate his or her discretion under this section.
 
 
Division 4 – Corrections, Reviews and Appeals
 
 
  Determinations stayed until proceedings concluded
  78 (1) A determination that may be reviewed under section 80 or appealed under section 82 is stayed until the person who is the subject of the determination has no further right to have the determination reviewed or appealed.
 
    (2) Despite subsection (1), the minister may order that a determination, other than a determination to levy an administrative penalty under section 71 or 74 (3) (d) is not stayed or is stayed subject to conditions, on being satisfied that a stay or a stay without those conditions, as the case may be, would be contrary to the public interest.
 
    (3) Despite subsection (1), a determination is not stayed if the determination is made under prescribed sections or for prescribed purposes.
 
 
  Correction or clarification of a determination
  79 (1) Within 15 days after a determination is made under section 16, 26 (2), 27 (2), 32 (2), 37, 51 (7), 54 (2), 57 (4), 66, 71, 74 or 77 of this Act, the person who made the determination may
      (a) correct a typographical, an arithmetical or another similar error in the determination, and
      (b) Repealed. [2003-55-37]
      (c) correct an obvious error or omission in the determination.
 
    (2) The correction does not take effect until the date on which the person who is the subject of the determination is notified of it under subsection (4).
 
    (3) The discretion conferred under subsection (1)
      (a) is to be exercised in the same manner as the determination affected by it, and
      (b) is exercisable with or without a hearing and
        (i) on the initiative of the person who made the determination, or
        (ii) at the request of the person who is the subject of the determination.
 
    (4) The person who corrected a determination under this section must notify the person who is the subject of the determination.
 
 
  Review of a determination
  80 (1) Subject to subsection (2), at the request of a person who is the subject of a determination or under under section 16, 20 (3), 26 (2), 27 (2), 32 (2), 37, 38 (5), 39, 51 (7), 54 (2), 57 (4), 66, 71, 74, 77, 77.1, 97 (3), 107, 108, 112 (1) (a) or 155 (2) of this Act, the person who made the determination, or another person employed in the ministry and designated in writing by the minister must review the determination, but only if satisfied that there is evidence that was not available at the time of the original determination.
 
    (2) On a review required under subsection (1) the person conducting the review may consider only
      (a) evidence that was not available at the time of the original determination, and
      (b) the record pertaining to the original determination.
 
    (3) To obtain a review of a determination under subsection (1) the person must request the review not later than 3 weeks after the date the notice of determination was given to the person.
 
    (4) The minister may extend the time limit for requiring a review under this section before or after its expiry.
 
    (5) The person conducting the review has the same discretion to make a decision that the original decision maker had at the time of the determination under the review.
 
 
  Board may require review of a determination
  81 (1) If the board first receives the consent of the person who is the subject of a determination or under section 16, 37, 71 or 74 of this Act, the board may require a review of the determination by the person who made the determination, or another person employed in the ministry and designated in writing by the minister.
 
    (2) To obtain a review of a determination under subsection (1), the board must require the review not later than 3 weeks after the date the notice of determination was given to the person.
 
    (3) The minister may extend the time limit for requiring a review under this section before or after its expiry.
 
    (4) The person conducting the review has the same discretion to make a decision that the original decision maker had at the time of the determination under the review.
 
 
  Appeal to the commission by a person who is the subject of a determination
  82 (1) The person who is the subject of a determination referred to in section 80, other than a determination made under section 77.1, may appeal to the commission either of the following, but not both:
      (a) the determination;
      (b) a decision made after completion of a review of the determination.
 
    (2) Sections 131 to 141 of the Forest Practices Code of British Columbia Act apply to an appeal under this section .
 
 
  Appeal to the commission by the board
  83 (1) The board may appeal to the commission either of the following, but not both:
      (a) a determination referred to in section 81;
      (b) a decision made after completion of a review of the determination.
 
    (2) The board may apply to the commission for an order under section 84 (2) if
      (a) an official authorized the minister authorized under section 71 or 74 of this Act to make a determination has not done so, and
      (b) a prescribed period has elapsed after the facts relevant to the determination first came to the knowledge of the official or the minister.
 
    (3) Sections 131 to 141 of the Forest Practices Code of British Columbia Act apply to an appeal under subsection (1) or an application under subsection (2).
 
 
  Powers of the commission
  84 (1) On an appeal
      (a) by a person under section 82 (1), or
      (b) by the board under section 83 (1),
      the commission may
      (c) consider the findings of the person who made the determination or decision, and
      (d) either
        (i) confirm, vary or rescind the determination or decision, or
        (ii) with or without directions, refer the matter back to the person who made the determination or decision, for reconsideration.
 
    (2) On an application under section 83 by the board the commission may order the official or minister referred to in section 83 (2) to make a determination as authorized under the applicable provision that is referred to in section 83 (2) (a).
 
    (3) The commission may order that a party or intervener pay another party or intervener any or all of the actual costs in respect of the appeal.
 
    (4) After filing in the court registry, an order under subsection (3) has the same effect as an order of the court for the recovery of a debt in the amount stated in the order against the person named in it, and all proceedings may be taken as if it were an order of the court.
 
 
  Requirement to publish
  85 (1) The minister must publish an annual report on enforcement activities.
 
    (2) The minister must keep and make available to the public a performance record for holders of agreements under the Forest Act and the Range Act.
 
 
Division 5 – Offences and Court Orders
 
 
  Limitation period
  86 (1) The time limit for laying an information respecting an offence under the Acts is 3 years after the date on which the facts that lead to the laying of the information first came to the knowledge of an official.
 
    (2) A document purporting to have been issued by an official referred to in subsection (1), certifying the date on which the facts that lead to the laying of the information referred to in that subsection first came to the knowledge of the official,
      (a) is admissible without proof of the signature or official character of the individual appearing to have signed the document, and
      (b) in the absence of evidence to the contrary, is proof of the matter certified in the document.
 
 
  Fines
  87 (1) A person who contravenes NEWsection 46 (1), 52 (1) or (3) or 112 (3)NEW, commits an offence and is liable on conviction to a fine not exceeding $1 000 000, or to imprisonment for not more than 3 years, or to both.
 
    (2) A person who contravenes section 21 (1), 22 (2), 29 (1) or (3) or 55 (a) commits an offence and is liable on conviction to a fine not exceeding $500 000, or to imprisonment for not more than 2 years, or to both.
 
    (3) A person who
      (a) contravenes section 3 (1), 8 (1), 12 (1), 15 (2), 22.1 (1), (2), (5) or (6), 26 (3) or (5), 32 (1), 38 (1), (2), (3), (4) or (5), NEW45 (1) or (2), 46 (1.1), 47NEW, 48, 50 (1) or (2), NEW51 (1), (2) or (6), 52.1 (3)NEW, 54 (1), 63 (1) or (2), 97 (2) or 119, or
      (b) does not comply with an order under section 16 (5), 26 (6), 27 (2), 51 (7) or (8), 54 (2), 57 (4), 58 (1), 66 (1) 74 (1), 77 (1) or (2), 77.1 (1) or (2),,
      commits an offence and is liable on conviction to a fine not exceeding $100 000, or to imprisonment for not more than one year, or to both.
 
    (4) A person who contravenes section 23 (1), 53 (1) or (2), 55 (b) or (c), 57 (1) or (3), 58 (4) or 70 commits an offence and is liable on conviction to a fine not exceeding $5 000 or to imprisonment for not more than 6 months, or to both.
 
    (5) The maximum fine to which a person is liable on a second or subsequent conviction for the same offence under subsections (1) to (4) is double the amount set out in the applicable subsection .
 
    (6) The Lieutenant Governor in Council may provide by regulation that
      (a) a contravention of a regulation or standard is an offence, and
      (b) a person convicted of an offence for a contravention of a regulation or standard is liable to a fine not exceeding a maximum amount, or to imprisonment not exceeding a maximum length, or to both.
 
    (7) If the maximum fine or imprisonment provided by a regulation under subsection (6) (b) is less than that provided by a provision of this Act, the regulation prevails.
 
 
  Remedies preserved
  88 (1) A proceeding, conviction or penalty for an offence under this Act does not relieve a person from any other liability.
 
    (2) The provisions of this Part are in addition to the provisions of any other enactment or rule of law under which
      (a) a remedy or right of appeal or objection is provided, or
      (b) a procedure is provided for inquiry into or investigation of a matter,
      and nothing in this Act limits or affects that remedy, right, objection or procedure.
 
 
  Limitation on proceedings
  89 (1) The government may not proceed under this Act with both an offence and an administrative penalty for the same contravention.
 
    (2) Subsection (1) does not derogate from the government's ability to make an order respecting compensation or remediation.
 
 
  Order for compliance
  90 (1) If the minister considers that a person is not complying, or has not complied, with an order made under section 26 (2), 27 (2), 38 (5), 39 (2), 51 (7), 54 (2), 57 (4), 58 (1), 61 (1), 66 (1), 74 (1) or 77 of this Act, the minister may apply to the Supreme Court for either or both of the following:
      (a) an order directing the person to comply with the order or restraining the person from violating the order;
      (b) an order directing the directors and officers of the person to cause the person to comply with or to stop violating the order.
 
    (2) On application by the minister under this section , the Supreme Court may make an order it considers appropriate.
 
 
  Court order to comply
  91   If a person is convicted of an offence under a provision of this Act or of the regulations, then, in addition to any punishment the court may impose, the court may order the person to comply with the provision.
 
 
  Restitution
  92   If a person is convicted of an offence under this Act, then, in addition to any other penalty, the court may order the person to pay compensation or make restitution.
 
 
  Continuing offence
  93   If a contravention of section 46 (1), 50 (1) and (2), 54 (1), 55, 57 (1) or 111 (2) continues for more than one day, the offender is liable to a separate penalty, without notice and without a separate count being laid, for each day that the contravention occurs.
 
 
  Prosecution for unauthorized timber cutting
  94   It is not a defence to a prosecution under section 52 or 53 that the person charged with the offence had the right to cut or remove timber on private land adjacent to Crown land and did not know the boundaries of the private land.
 
 
  Prosecution for unauthorized cutting or storage of hay
  95   It is not a defence to a prosecution under section 50 that the person charged with the offence had the right to graze livestock or cut, remove or store hay on private land adjacent to Crown land and did not know the boundaries of the private land.
 
 
  Prosecution for unauthorized trail or recreational facility construction
  96   It is not a defence to a prosecution under section 57 that the person charged with the offence had the right to construct, rehabilitate or maintain a recreation site or trail
      (a) on private land adjacent to Crown land and did not know the boundaries of the private land, or
      (b) on Crown land on which the person was authorized under another enactment to carry out the activities and did not know the boundaries of that parcel of Crown land.
 
 
  Interference, non-compliance and misleading
  97 (1) In this section , "person acting in an official capacity" means an individual who is
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