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| Part 8 – Forest Practices Board |
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| Division 1 – Definition |
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Definition of "party" |
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121 |
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In this Part and the regulations related to this Part, "party" means |
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(a) |
the government, |
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(b) |
the holder of an agreement under the Forest Act, |
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(c) |
the holder of an agreement under the Range Act, |
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(d) |
a person responsible for establishing a free growing stand as a result of an agreement referred to in section 29.1 (1) or (3), |
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(e) |
a person responsible for maintaining or deactivating a road, under a regulation under section 155 (1) (d), or |
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(f) |
a person referred to in section 122 (2) who may be audited or investigated under that section. |
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| Division 2 – Complaints and Audits |
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Audits and special investigations |
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122 |
(1)
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In accordance with the regulations, the board |
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(a) |
must carry out periodic independent audits, and |
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(b) |
may carry out special investigations |
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to determine |
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(c) |
compliance with the requirements of Parts 2 to 5 and the regulations and standards made in relation to those Parts by a party, and |
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(d) |
the appropriateness of government enforcement under Part 6. |
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(2)
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If |
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(a) |
while carrying out under subsection (1) (a) or (b) an audit or investigation of a party in respect of a matter referred to in subsection (1) (c), the board finds that the party complied with the requirements audited or investigated, and |
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(b) |
the only reason for that finding is that |
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(i) |
the party exercised due diligence to prevent non-compliance, |
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(ii) |
the party reasonably believed in the existence of facts that if true would establish that the party complied with the requirement, or |
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(iii) |
the party's actions relevant to the requirement were the result of an officially induced error, |
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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. |
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Complaints from public |
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123 |
(1)
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In accordance with the regulations, the board must deal with complaints from the public respecting prescribed matters that relate to this Act. |
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(2)
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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: |
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(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; |
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(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; |
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(c) |
the complaint is frivolous, vexatious, not made in good faith or concerns a trivial matter; |
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(d) |
having regard to all the circumstances, further investigation is not necessary in order to consider the complaint; |
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(e) |
in the circumstances, investigation would not benefit the complainant. |
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(3)
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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 |
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(a) |
to not investigate or further investigate a complaint, or |
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(b) |
that the complaint has not been substantiated. |
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Powers of investigation |
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124 |
(1)
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Without limiting sections 122 and 123, for the purposes of those sections the board may investigate a determination. |
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(2)
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The board may conduct an audit, a special investigation or a complaint investigation despite a provision to the effect that a determination is final and regardless of any right of appeal. |
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(3)
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The board may not investigate conduct occurring before the commencement of Forest Practices Code of British Columbia
Act. |
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(4)
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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. |
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Power to obtain information |
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125 |
(1)
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The board may require a party to provide information or records related to an audit, a special investigation or a complaint investigation. |
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(2)
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The board may require the party to provide the information in the form and manner the board considers appropriate. |
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(3)
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The party must comply with a requirement of the board under subsection (1) or (2). |
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(4)
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Without restricting subsection (1), the board may do all of the following: |
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(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; |
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(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; |
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(c) |
make copies of information provided or a record or thing produced under this section . |
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(5)
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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 . |
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(6)
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At any time while conducting an audit, a special investigation or a complaint investigation under this Act, the board may make an order requiring a person |
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(a) |
to attend an oral or electronic hearing to give evidence on oath or affirmation or in any other manner that is admissible and relevant to an issue in the audit, special investigation or complaint investigation, or |
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(b) |
to produce for the board a document or other thing in the person's possession or control, as specified by the board, that is admissible and relevant to an issue in the audit, special investigation or complaint investigation. |
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(7)
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The board may apply to the court for an order |
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(a) |
directing a person to comply with an order made by the board under subsection (6), or |
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(b) |
directing any directors and officers of a person to cause the person to comply with an order made by the board under subsection (6). |
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Contempt proceeding for uncooperative witness or other person |
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125.1 |
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The failure or refusal of a person summoned as a witness under section 125 (6) to do any of the following makes the person, on application to the court by the board, liable to be committed for contempt as if in breach of an order or judgment of the court: |
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(a) |
attend a hearing; |
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(b) |
take an oath or affirmation; |
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(c) |
answer questions; |
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(d) |
produce the records or things in their custody or possession. |
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Immunity protection for board and members |
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125.2 |
(1)
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In this section, "decision maker" includes a board member, registrar or other officer who conducts an audit, a special investigation or a complaint investigation under this Act or a person who conducts a dispute resolution process for the purposes of this Act. |
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(2)
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Subject to subsection (3), no legal proceeding for damages lies or may be commenced or maintained against a decision maker, the board or the government because of anything done or omitted |
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(a) |
in the performance or intended performance of any duty under this Act, or |
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(b) |
in the exercise or intended exercise of any power under this Act. |
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(3)
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Subsection (2) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith. |
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Power to obtain information limited |
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126 |
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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 |
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(a) |
interfere with or impede investigation or detection of offences, |
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(b) |
involve the disclosure of the deliberations of the Executive Council, or |
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(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. |
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Board must notify and consult party |
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127 |
(1)
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If the board conducts an audit or investigation, the board must notify the party affected and any other person the board considers appropriate. |
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(2)
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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 131. |
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Opportunity to make representations |
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128 |
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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. |
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Evidence not admissible |
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129 |
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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: |
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(a) |
the trial of a person for perjury; |
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(b) |
the trial of a person for an offence under section 97; |
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(c) |
an application for judicial review or an appeal from a decision with respect to that application. |
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Person may be reimbursed for expenses |
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130 |
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If a person incurs expenses in complying with a request of the board for production of documents or other information, the board may reimburse that person for reasonable expenses. |
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| Division 3 – Remedies |
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Report and recommendations |
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131 |
(1)
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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. |
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(1.1)
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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. |
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(2)
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If the board makes a report under subsection (1), it may make recommendations it considers appropriate. |
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(3)
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Without limiting subsection (2), the board may make any of the following recommendations: |
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(a) |
a matter be referred to the appropriate party for further consideration; |
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(b) |
an act be remedied; |
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(c) |
an omission or delay be rectified; |
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(d) |
a decision or recommendation be cancelled or varied; |
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(e) |
reasons be given; |
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(f) |
a practice, procedure or course of conduct be altered; |
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(g) |
an enactment or other rule of law be reconsidered; |
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(h) |
any other steps be taken. |
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(4)
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Without limiting subsection (1), the chair may, if the regulations provide and in the manner they provide, make an application under section 83 for an appeal of a determination or failure to make a determination. |
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Party to notify board of steps taken |
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132 |
(1)
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If the board makes a recommendation under section 131 the board may request that the party notify it within a specified time |
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(a) |
of the steps that have been taken or are proposed to be taken to give effect to its recommendation, or |
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(b) |
if no steps have been taken or are proposed to be taken, of the reasons for not following the recommendation. |
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(2)
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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 |
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(a) |
of the steps that have been taken or are proposed to be taken to give effect to the modified recommendation, or |
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(b) |
if no steps have been taken or are proposed to be taken, of the reasons for not following the modified recommendation. |
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(3)
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The party must respond promptly to the board's request under subsection (1) or (2). |
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Report of board if no suitable action taken |
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133 |
(1)
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If, within a reasonable time after a request by the board under section 132, no action is taken that the board believes adequate or appropriate, the chair may, after considering any reasons given by the party, |
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(a) |
submit a report on the matter to the ministers, and |
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(b) |
after submitting a report under paragraph (a), submit a report to the Lieutenant Governor in Council respecting the matter. |
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(2)
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The chair |
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(a) |
must attach to the report a copy of the board's recommendation and any response made to the board under section 132, |
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(b) |
must delete from his or her recommendation and from the response any material that would unreasonably invade any person's privacy, and |
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(c) |
may in his or her discretion delete material revealing the identity of a member, an officer or an employee of a party. |
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Complainant to be informed |
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134 |
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After a complaint investigation, if the board makes a recommendation under section 131 or 132 (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. |
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Special reports |
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135 |
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If the chair considers a special report to be in the public interest, he or she may make a special report to the minister or comment publicly respecting a matter relating generally to the performance of the board's duties under this Act or to a particular case investigated by the board. |
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(3)
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If the chair considers it to be in the public interest, he or she may make a special report to the minister or comment publicly respecting a matter relating generally to the performance of the board's duties under this Act or to a particular case investigated by the board. |
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| Division 4 – General |
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Forest Practices Board continued |
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136 |
(1)
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The Forest Practices Board is continued. |
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(2)
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The board consists of the following members appointed by the Lieutenant Governor in Council after a merit based process: |
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(a) |
a member designated as the chair; |
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(b) |
one or more members designated as vice chairs after consultation with the chair; |
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(c) |
other members appointed after consultation with the chair. |
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(3)
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Repealed. [2003-47-30 (B.C. Reg. 45/2004)] |
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(4)
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Repealed. [2003-47-30 (B.C. Reg. 45/2004)] |
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(5)
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Sections 1 to 10, 44, 46.2 and 55 of the Administrative Tribunals Act apply to the board. |
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(6)
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The Lieutenant Governor in Council may determine the remuneration, reimbursement of expenses and other conditions of employment of persons appointed under the regulations to carry out audits. |
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(7)
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Board members must faithfully, honestly and impartially perform their duties. |
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Panels of the Board |
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137 |
(1)
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The board may organize itself into panels, each comprised of one or more members. |
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(2)
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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. |
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(3)
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A panel of the board has the jurisdiction of the board and may exercise the powers and perform the duties and functions of the board. |
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(4)
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A report, a recommendation or an action of a panel of the board is a report, recommendation or action of the board. |
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Board staff |
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138 |
(1)
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Employees necessary to carry out the powers and duties of the board may be appointed under the Public Service
Act. |
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(2)
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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. |
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(3)
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The Public Service Act does not apply to the retention, engagement or remuneration of specialists, consultants and auditors retained under subsection (2). |
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No hearing as of right |
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139 |
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A person is not entitled to an oral hearing before the board. |
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Delegation of powers |
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140 |
(1)
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The chair may delegate in writing to a person or class of persons any of the board's powers or duties under this Act, except the power |
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(a) |
of delegation under this section , or |
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(b) |
to make a report under this Act. |
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(2)
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A delegation under this section is revocable and does not prevent the board exercising a delegated power. |
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(3)
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A delegation may be made subject to terms the chair considers appropriate. |
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(4)
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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. |
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(5)
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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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