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| Part 3 -- Compliance and Enforcement |
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| Division 1 -- Inspection, Stopping and Seizing |
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Application of certain Forest and Range Practices Act provisions |
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54 |
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Divisions 1 and 2 of Part 6 of the Forest and Range Practices Act apply to this Act and the regulations under this Act, unless the context indicates otherwise. |
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| Division 2 -- Suspension and Termination of Licences and Permits |
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Suspension of rights under licences and permits by district manager |
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55 |
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Subject to section 60 and in addition to any penalty, charge or order under this Act, the Forest and Range Practices Act or the regulations under them, the district manager by order may suspend all or part of the rights under a licence or permit, if the holder of the licence or permit |
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(a) |
makes a material misrepresentation, omission or misstatement of fact in |
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(i) |
the application for the licence or permit or in information furnished with it, or |
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(ii) |
an operational plan, as defined in the Forest and Range Practices Act, |
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(b) |
does not perform an obligation to be performed by the holder under the licence or permit, other than an obligation under a condition described in section 5 (b) or 7 (b) of this Act, or |
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(c) |
does not comply with this Act, the Forest and Range Practices Act, the Livestock Act or the regulations under them. |
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Suspension of rights under certain permits by minister |
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56 |
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In addition to any penalty, charge or order under this Act, the Forest and Range Practices Act or the regulations under them, the minister may suspend by order all or part of the rights under a permit if its holder does not comply with a condition described in section 5 (b) or 7 (b) of this Act. |
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Notice of suspension |
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57 |
(1) |
Before rights are suspended by order under section 55, the district manager must deliver notice to the holder of the licence or permit |
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(a) |
specifying the material misrepresentation, omission, misstatement, non-performance or non-compliance, and |
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(b) |
allowing the holder at least 5 days after the date of delivery of the notice to remedy the material misrepresentation, omission, misstatement, non-performance or non-compliance. |
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(2) |
Before rights are suspended under section 56, the minister must deliver notice to the holder of the permit |
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(a) |
stating the particulars of the holder's non-compliance with the agreement referred to in section 5 (b) or 7 (b), and |
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(b) |
allowing the holder at least 5 days after the date of delivery of the notice to remedy the non-compliance. |
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Opportunity to be heard |
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58 |
(1) |
On the request of the holder made during the period allowed under section 57 (1) (b) or (2) (b), |
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(a) |
in relation to an order under section 55, the district manager, or |
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(b) |
in relation to an order under section 56, the minister |
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must give the holder an opportunity to be heard. |
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(2) |
If, after giving the holder an opportunity to be heard, the district manager or minister, as the case may be, must rescind the order if he or she is satisfied that there are no grounds for suspending rights under the licence or permit. |
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When suspension takes effect |
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59 |
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A suspension of rights under section 55 or 56 takes effect on the expiry of the period allowed in the notice. |
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Suspension by district manager or forest officer |
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60 |
(1) |
By order, the district manager or a forest officer authorized by the district manager may suspend all or some of the rights granted under a licence or permit if he or she believes on reasonable and probable grounds that |
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(a) |
the holder of the licence or permit has not performed an obligation to be performed by the holder under the licence or permit or has not complied with this Act, the Forest and Range Practices Act, the Livestock Act or the regulations under them and that the non-performance or non-compliance is causing or may imminently cause serious damage to the environment, or |
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(b) |
because of weather conditions or other natural events, use of the Crown range described in the licence or permit would be detrimental to the forest or forage productivity of the Crown range. |
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(2) |
The district manager or a forest officer may make an order under subsection (1) without advance notice, but must deliver notice of the order to the holder of the licence or permit, accompanied by the reasons for the order. |
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(3) |
A suspension of rights under this section |
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(a) |
takes effect on the date notice of the order is delivered to the holder under subsection (2), and |
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(b) |
continues in effect until the rights |
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(i) |
are reinstated by the district manager or a forest officer authorized by the district manager, or |
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(ii) |
are cancelled under this Act. |
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Prohibition against exercising rights under suspension |
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61 |
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The holder of a licence or permit must not exercise rights over Crown range granted in the licence or permit if those rights are under suspension. |
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Reinstatement |
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62 |
(1) |
On application by the holder of a licence or permit suspended under section 55, the district manager by order must |
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(a) |
reinstate rights under the licence or permit if satisfied that there are no longer any grounds for the suspension, or |
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(b) |
refuse to do so if not satisfied as set out in paragraph (a). |
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(2) |
On application by the holder of a permit suspended under section 56, the minister by order must |
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(a) |
reinstate rights under the permit if satisfied that there are no longer any grounds for the suspension, or |
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(b) |
refuse to do so if not satisfied as set out in paragraph (a). |
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(3) |
The district manager or minister, as the case may be, must deliver notice of the order to the applicant. |
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Cancellation |
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63 |
(1) |
If rights over Crown range granted in a licence or permit are under suspension other than under section 56 or 60 (1) (b), the district manager by order may |
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(a) |
cancel those rights, or |
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(b) |
cancel the licence or permit. |
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(2) |
If rights over Crown range granted in a permit are under suspension under section 56, the minister by order |
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(a) |
may cancel those rights, or |
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(b) |
may cancel the permit |
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Notice of cancellation |
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64 |
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At least 3 months before a cancellation order under section 63 is to become effective, the district manager or minister, depending on which of them made the order, must deliver to the holder of the licence or permit a notice of cancellation, specifying the reasons for the cancellation and the day on which the cancellation takes effect. |
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Hearing |
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65 |
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On application in writing made by the holder of a licence or permit within 30 days after a notice of cancellation has been delivered under section 64, the district manager or minister, depending on which of them delivered the notice, must give the holder an opportunity to be heard in relation to the cancellation. |
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Cancellation order may be rescinded |
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66 |
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On reasonable grounds the district manager or minister, depending on which of them ordered a cancellation, by order may |
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(a) |
rescind the order of cancellation and if necessary reinstate the licence or permit or the rights, or |
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(b) |
postpone the day on which the cancellation takes effect. |
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Notice published in the Gazette |
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67 |
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After cancellation of a licence or permit or of rights under a licence or permit a notice of the cancellation must be published in the Gazette. |
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Continuing liability after expiry, surrender, suspension or cancellation |
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68 |
(1) |
In this section, "holder" includes a former holder. |
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(2) |
Despite the expiry, surrender, suspension or cancellation of a licence or permit, its holder is liable |
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(a) |
to pay the rent, fees, costs and penalties owing to the government in respect of the licence or permit, |
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(b) |
to perform all other obligations of the holder under the licence or permit, and |
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(c) |
to perform all other obligations of the holder under this Act and the regulations and the Forest and Range Practices Act and the regulations and standards under that Act, |
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incurred before the expiry, surrender, suspension or cancellation of the licence or permit. |
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(3) |
Subject to subsection (4), a holder to whom subsection (2) applies may enter Crown land for the purposes of performing obligations referred to in subsection (2) (b) and (c). |
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(4) |
Subject to the regulations under subsection (6), if any, the district manager may impose requirements he or she considers necessary or desirable to be met by a holder to whom subsection (2) applies as conditions of entering onto the Crown land, including that the holder provide security. |
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(5) |
A holder to whom subsection (2) applies must comply with a requirement imposed under subsection (4). |
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(6) |
For the purposes of subsection (4), the Lieutenant Governor in Council may make regulations |
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(a) |
limiting the circumstances under which the district manager may exercise the discretion under subsection (4), |
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(b) |
specifying the form and amount of the security, and |
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(c) |
specifying the circumstances under which the security may be realized. |
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| Division 3 -- Reviews and Appeals |
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Reviews |
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69 |
(1) |
Subject to subsection (2), at the request of a person who is the subject of, or whose licence or permit is affected by, |
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(a) |
an order of a forest officer under section 60 (1), |
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(b) |
an order of a district manager under section 36 (1) or (2), 49 (1), 50 (1), 55, 60 (1), 62 (1) (b) or 63 (1), |
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(c) |
a decision of the district manager referred to in section 25 (5) or 50 (4), or |
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(d) |
amendments under section 47 or 48, |
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the person who made the order or decision or who prepared the amendments, or another person employed in the ministry and designated in writing by the minister, must review the order, decision or amendments, but only if satisfied that there is evidence that was not available at the time of the original order, decision or amendments. |
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(2) |
On a review referred to in subsection (1), only |
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(a) |
evidence that was not available at the time of the original order, decision or amendments, and |
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(b) |
the record pertaining to the original order, decision or amendments |
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may be considered. |
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(3) |
To obtain a review referred to in subsection (1), the person who is the subject of, or whose licence or permit is affected by, the order, decision or amendments must request the review not later than 21 days after the date the notice of the order, decision or amendments was delivered to the person. |
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(4) |
The minister may extend the time limit in subsection (3) before or after its expiry. |
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(5) |
The person conducting a review referred to in subsection (1) has the same discretion to |
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(a) |
make an order referred to in subsection (1) (a) or (b), |
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(b) |
make a decision referred to in subsection (1) (c), or |
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(c) |
prepare amendments referred to in subsection (1) (d) |
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that the person who made the original order or decision or prepared the original amendments had at the time of the original order, decision or amendments. |
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(6) |
After the preparation of amendments under subsection (5) (c) to a licence or permit, and on delivery of the particulars of the amendments to the holder of the licence or permit, the licence or permit, as the case may be, is deemed to be amended to include the amendments. |
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Appeals to the commission |
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70 |
(1) |
The person who is the subject of, or whose licence or permit is affected by, |
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(a) |
an order, |
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(b) |
a decision, or |
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(c) |
amendments |
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referred to in section 69 (1) may appeal to the commission either of the following, but not both: |
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(d) |
the order, decision or amendments; |
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(e) |
a decision made after completion of a review of the order, decision or amendments. |
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(2) |
An applicant referred to in section 15 (2) may appeal to the commission an order of the minister made under that provision. |
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(3) |
Sections 131 to 141 of the Forest Practices Code of British Columbia Act apply to an appeal under this section. |
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Powers of the commission |
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71 |
(1) |
On an appeal under section 70, the commission may |
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(a) |
consider the findings of the person who made the order or decision or who prepared the amendments, and |
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(b) |
either |
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(i) |
confirm, vary or rescind the order, decision or amendments, or |
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(ii) |
with or without directions, refer the matter back to that person for reconsideration. |
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(2) |
If an appeal referred to in subsection (1) results in amendments to a licence or permit, the licence or permit, as the case may be, is deemed to be amended to include the amendments as soon as the particulars of the amendments have been delivered to the holder of the licence or permit. |
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(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 |
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(4) |
After a certified copy of an order under subsection (3) is filed with the Supreme Court, the order 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. |
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Review or appeal not a stay |
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72 |
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Unless the minister orders otherwise, a review or an appeal under this Act does not operate as a stay or suspend the operation of the order, decision or amendments being reviewed or appealed. |
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| Division 4 -- Offences |
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Offences |
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73 |
(1) |
A person who contravenes section 49 (2), 68 (5) or 76 (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. |
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(2) |
A person who contravenes section 46 (1), 50 (5), 51 (1) or (3) or 61 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. |
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(3) |
The Lieutenant Governor in Council may make regulations |
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(a) |
providing that the contravention of a specified provision of the regulations constitutes an offence, and |
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(b) |
providing that a person who is convicted of an offence for a contravention of a specified provision referred to in paragraph (a) is liable |
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(i) |
to a fine not exceeding a prescribed amount, which prescribed amount must not be greater than $100 000, |
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(ii) |
to imprisonment for not more than a prescribed period, which prescribed period must not be longer than one year, or |
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(iii) |
to both. |
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Section 5 of Offence Act |
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74 |
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Section 5 of the Offence Act does not apply to this Act or the regulations. |
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Application of certain Forest and Range Practices Act provisions |
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75 |
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Sections 86, 88, 89, 91, 92 and 98 to 102 of Division 5 of Part 6 of the Forest and Range Practices Act apply to this Act and the regulations unless the context indicates otherwise. |
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Interference, non-compliance and misleading |
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76 |
(1) |
In this section, "person acting in an official capacity" means an individual who |
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(a) |
is employed under the Public Service Act, and |
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(b) |
is exercising a power or performing a duty or function under this Act. |
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(2) |
A person must not |
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(a) |
without lawful excuse intentionally interfere with a person acting in an official capacity, |
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(b) |
without lawful excuse intentionally not comply with a lawful requirement of a person acting in an official capacity, or |
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(c) |
intentionally make a false statement to, or mislead or attempt to mislead, a person acting in an official capacity. |
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