Statutes and Regulations

PART 3 – Administrative Remedies and Cost Recovery
	Applicability of sections 19 to 42 and 45 to 53 of this Act for the Forest Practices Code of British Columbia Act
	18.1	(1)	Sections 19 to 42 and 45 to 53 of this Act apply to and in respect of
			(a)	Divisions 1 to 3 of Part 5 and section 154 of the Forest Practices Code of British Columbia Act,
			(b)	the regulations under that Act, and
			(c)	liabilities of persons to the government under section 162 of that Act
			in relation to the period beginning on January 31, 2004 and ending at midnight on March 30, 2005.
		(2)	Subject to section 36 (1) (d) of the Interpretation Act, for contraventions of
			(a)	Divisions 1 to 3 of Part 5 and section 154 of the Forest Practices Code of British Columbia Act, or
			(b)	the regulations under that Act,
			that occurred during the period beginning on January 31, 2004 and ending at midnight on March 30, 2005,
			(c)	the maximum administrative penalties are as provided for under the Forest and Range Practices Act at the time of the contravention, 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 reference in each of sections 25 and 27 (1) (b) of this Act to section 9 must be read as a reference to section 89 of the Forest Practices Code of British Columbia Act,
			(b)	the reference in section 27 (1) (a) of this Act to a prescribed amount must be read as a reference to the amount prescribed under section 71 of the Forest and Range Practices Act at the time of the contravention, and
			(c)	the reference in section 47 of this Act to an order made under this Act must be read as a reference to a notice of determination made under section 82 of the Forest Practices Code of British Columbia Act.
Division 1 – Rights of Entry, Inspection, Examination and Analysis
	Entry onto land and premises
	19	(1)	For any purpose related to the administration or enforcement of this Act or the regulations, an official may enter, at any reasonable time,
			(a)	on land that is forest land or grass land or is within 1 km of forest land or grass land, or
			(b)	any premises on the land, other than a dwelling or a room being used as a dwelling,
			if the official has reasonable grounds to believe that the land or premises is or has been the site of a fire or an industrial activity that may have caused or contributed to a fire.
		(2)	At any reasonable time, an official may enter on land that is forest land or grass land, or is within 1 km of forest land or grass land, 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.
		(3)	An official who enters on land or premises under this section
			(a)	may inspect anything or any activity that is reasonably related to the purpose of the inspection, and
			(b)	may require production, for the purposes of inspection, examination, analysis or copying, of
				(i)	an operational plan as defined in section 1 of the Forest and Range Practices Act, a licence or a permit that is required for the activity, or
				(ii)	a record required to be kept under this Act.
	Warrant to search and seize evidence
	20	(1)	A justice of the peace may issue a warrant under section 21 or 22 of the Offence Act to an official to enter land, premises or both and search for and seize evidence of a contravention of this Act or the regulations.
		(2)	The Offence Act applies to the search and seizure.
	Inspection of vehicle or vessel
	21		An official or peace officer, who has reasonable grounds to believe that there is anything that is in or on a vehicle or vessel and is relevant to a contravention by any person of this Act or the regulations, may
			(a)	require the person operating the vehicle or vessel to stop the vehicle or vessel, and
			(b)	carry out an inspection of the vehicle or vessel.
	Obligations of person inspected
	22	(1)	A person must not obstruct an official in the lawful exercise of a power or duty under this Act.
		(2)	The operator of a vehicle or vessel must stop the vehicle or vessel when required to do so by an official or by a peace officer if the official or peace officer
			(a)	is in uniform,
			(b)	displays his or her official identification, or
			(c)	is in or near a vehicle or vessel that is readily identifiable as a government vehicle or vessel.
		(3)	A person who
			(a)	has apparent possession of land or premises that are the subject of an entry by an official in accordance with section 19,
			(b)	has apparent custody or control of any record or thing inspected under section 19,
			(c)	is in charge of an activity that is being inspected under section 19, or
			(d)	is operating a vehicle or vessel that is stopped under section 21,
			must produce, if and as required by the official,
			(e)	proof of identity, and
			(f)	a record required under section 19 or anything inspected under section 21.
	Proof of official's identity
	23		An official who under this Division enters onto land or premises, conducts an inspection, stops a vehicle or vessel, requests records or seizes goods must provide proof of identity at the request of the 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 21.
	Peace officers may accompany
	24		An official exercising powers or duties under this Part may be accompanied by a peace officer.
Division 2 – Cost Recovery and Administrative Remedies
	Recovery of fire control costs and related amounts
	25	(1)	After the government has carried out, for a fire on Crown land or private land, fire control authorized under section 9, the minister may
			(a)	determine the amount of the government's costs of doing so, calculated in the prescribed manner,
			(b)	determine the amount that is equal to the dollar value of any
				(i)	Crown timber,
				(ii)	other forest land resources,
				(iii)	grass land resources, and
				(iv)	other property
			of the government damaged or destroyed as a direct or indirect result, of the fire, calculated in the prescribed manner, and
			(c)	determine the costs
				(i)	that have been or will be incurred by the government in re-establishing a free growing stand as a direct or indirect result of the fire, and
				(ii)	that have been incurred by the government for silviculture treatments that were rendered ineffective as a direct or indirect result of the fire.
		(2)	Subject to subsection (3), the minister, except in prescribed circumstances, by order may require a person to pay to the government the amounts determined under subsection (1) (a) and (b) and the costs determined under subsection (1) (c), subject to any prescribed limits, if the person
			(a)	is a holder of a leasehold interest, under a lease in a prescribed category of leases from the government, of the Crown land on which a fire referred to in subsection (1) originated,
			(b)	is an occupier of Crown land that is subject to a lease referred to in paragraph (a) who occupies the Crown land with the permission of the holder of the lease, or
			(c)	is an owner of the private land on which a fire referred to in subsection (1) originated or is a holder of a leasehold interest in that private land, or is an occupier of that private land with the permission of the owner or holder.
		(3)	The minister must not make an order under subsection (2) unless the minister, after giving the holder, occupier or owner an opportunity to be heard or after one month has elapsed after the date on which the person was given the opportunity to be heard, determines that the holder, occupier or owner caused or contributed to the fire or the spread of the fire.
		(4)	The minister must give written notice of an order made under subsection (2) to the person who is the subject of the order, accompanied by a copy of the order and informing the person of
			(a)	the amounts payable by the person to the government under the order and the person's liability under section 130 of the Forest Act to pay that amount,
			(b)	the reasons for the order, and
			(c)	the person's right to a review under section 37 or to an appeal under section 39, including an address to which a request for a review or appeal may be delivered.
	Contravention orders
	26		After giving a person who is alleged to have contravened a provision of this Act or the regulations an opportunity to be heard, or after one month has elapsed after the date on which the person was given the opportunity to be heard, the minister by order may determine whether the person has contravened the provision.
	Administrative penalties and cost recovery
	27	(1)	If the minister determines by order under section 26 that the person has contravened a provision, the minister by order
			(a)	may levy an administrative penalty against the person in an amount that does not exceed a prescribed amount,
			(b)	may determine the amount of the government's costs of fire control under section 9 for a fire that resulted, directly or indirectly, from the contravention, calculated in the prescribed manner,
			(c)	may determine the amount that is equal to the dollar value of any
				(i)	Crown timber,
				(ii)	other forest land resources,
				(iii)	grass land resources, and
				(iv)	other property
				of the government damaged or destroyed as a result, directly or indirectly, of the contravention, calculated in the prescribed manner,
			(c.1)	may determine the costs
				(i)	that have been or will be incurred by the government in re-establishing a free growing stand as a direct or indirect result of the contravention, and
				(ii)	that have been incurred by the government for silviculture treatments that were rendered ineffective as a direct or indirect result of the contravention, and
			(d)	except in prescribed circumstances, may require the person to pay the amounts determined under paragraphs (b) and (c) and the costs determined under paragraph (c.1), subject to the prescribed limits, if any.
		(2)	The minister must give written notice to the person who is the subject of an order under section 26, accompanied by a copy of the order and informing the person of
			(a)	the amount of any administrative penalty levied against the person by an order under subsection (1) (a) and of the person's liability under section 130 of the Forest Act to pay that amount,
			(b)	the provision contravened and the reasons for the order or orders,
			(c)	the amount of any costs of the government determined under subsection (1) (b), itemized particulars of those costs and the person's liability under section 130 of the Forest Act to pay that amount,
			(d)	any amount determined under subsection (1) (c), itemized particulars of that amount and the person's liability under section 130 of the Forest Act to pay that amount,
			(d.1)	any costs determined under subsection (1) (c.1), itemized particulars of those costs and the person's liability under section 130 of the Forest Act to pay those costs, and
			(e)	the person's right to a review under section 37 or to an appeal under section 39, including an address to which a request for a review or appeal may be delivered.
		(3)	Before the minister levies an administrative penalty under subsection (1), he or she must consider
			(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, and
			(f)	the person's cooperativeness and efforts to correct the contravention.
	Remediation orders
	28	(1)	If the minister determines by order under section 26 that a person has contravened a provision of this Act or the regulations, the minister may order the person to do work, at the person's own expense, that is reasonably necessary to remedy the contravention and to repair any damage caused by the contravention.
		(2)	If the minister, under subsection (1), orders a person to do work, the minister must give written notice, accompanied by the order, to the 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 37 or to an appeal under section 39, including an address to which a request for a review or appeal may be delivered,
			(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 written notice given under subsection (2), does not comply with the order of the minister under subsection (1), 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;
			(b)	carry out the work;
			(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 amount referred to in paragraph (c) or the administrative penalty referred to in paragraph (d), realize any security provided under the regulations by the person.
		(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 37 or to an appeal under section 39, 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 a 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.
	Defences in relation to administrative proceedings
	29		For the purposes of an order of the minister under section 26, a person may not be determined to have contravened a provision of this Act or the regulations if the person establishes that
			(a)	the person exercised due diligence to prevent the contravention,
			(b)	the person reasonably believed in the existence of facts that if true would establish that the person did not contravene the provision, or
			(c)	the person's actions relevant to the provision were the result of an officially induced error.
	Vicarious liability
	30	(1)	If a person's contractor, employee or agent contravenes a provision of this Act or the regulations in the course of carrying out the contract, employment or agency, the person also contravenes the provision.
		(2)	If a corporation contravenes a provision of this Act or the regulations, a director or an officer of the corporation who authorized, permitted or acquiesced in the contravention also contravenes the provision.
	Extension of due date for administrative penalties and other charges, on review or appeal
	31		Despite section 130 (1) (a) of the Forest Act, if
			(a)	an order under this Act imposes an administrative penalty or other charge against a person, and
			(b)	the person, under section 37 or 39 of this Act, may request a review of the order or may appeal the order,
			the penalty or charge is due and payable on the date a stay under section 36 ceases to apply.
	Penalty revenue to be paid into special account
	32		All revenue derived from administrative penalties levied under this Act must be paid to the credit of the Environmental Remediation Sub-account of the Forest Stand Management Fund special account established by the Special Accounts Appropriation and Control Act.
	Limitation period
	33	(1)	The period during which an order may be made under section 26 determining that a contravention occurred is 2 years beginning on the date on which the facts that led to the order first came to the knowledge of an official.
		(2)	A document purporting to have been issued by an official, certifying the date on which the facts referred to in subsection (1) first came to the knowledge of an official,
			(a)	is admissible in an appeal under section 39 from the order, 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.
	Stop work order
	34	(1)	If an official has reasonable grounds to believe that a person is contravening a provision of this Act or the regulations, the official may order that the contravention stop, or stop to the extent specified by the order.
		(2)	Section 66 (2) to (6) of the Forest and Range Practices Act apply for the purposes of this section, except that, for those purposes,
			(a)	the references in section 66 (2) (d) of that Act to sections 80 and 82 must be read as references to sections 37 and 39 of this Act, and
			(b)	the references in section 66 (3) and (4) of that Act to section 110 must be read as references to section 110 of that Act as it applies under section 63 of this Act for the purposes of this Act.
Division 3 – Corrections, Reviews and Appeals
	Correction of an order
	35	(1)	Within 15 days after an order
			(a)	under section 17 (4), 25, 26, 27 or 28, the minister, or
			(b)	under section 7 (3) or 34, the official who made the order
			may correct
			(c)	a typographical, an arithmetical or another similar error in the order, or
			(d)	an obvious error or omission in the order.
		(2)	The correction does not take effect until the date on which the person who is the subject of the order 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 order affected by it, and
			(b)	is exercisable with or without a hearing and
				(i)	on the initiative of the minister or official who made the order, or
				(ii)	at the request of the person who is the subject of the order.
		(4)	The person who is the subject of an order corrected under this section must be notified in writing of the correction.
	Order stayed until proceedings concluded
	36	(1)	An order that may be reviewed under section 37 or appealed under section 39 is stayed until the person who is the subject of the order has no further right to have the order reviewed or appealed.
		(2)	Despite subsection (1), the minister may order that an order, other than an order levying an administrative penalty under section 27 or 28 (3) (d) is not stayed 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), an order is not stayed if the order is made under section 34.
	Review of an order
	37	(1)	Subject to subsection (2), at the request of a person who is the subject of an order under section 7 (3), 17 (4), 25, 26, 27, 28 (1) or (3) (d) or 34, the person who made the order, or another person employed in the ministry and designated in writing by the minister, must review the order, but only if satisfied that there is evidence that was not available at the time of the original order.
		(2)	On a review referred to in subsection (1), only
			(a)	evidence that was not available at the time of the original order, and
			(b)	the record pertaining to the original order
			may be considered.
		(3)	To obtain a review referred to in subsection (1), the person who is the subject of the order must request the review not later than 3 weeks after the date the notice of order was given to the person.
		(4)	The minister may extend the time limit in subsection (3) section before or after the time limit's expiry.
		(5)	The person conducting a review referred to in subsection (1) has the same discretion to make a decision that the original decision maker had at the time of the original order.
	Board may require review of an order
	38	(1)	If the board first receives the consent of the person who is the subject of an order referred to in section 37 (1), the board may require a review of the order by the person who made the order, or another person employed in the ministry and designated in writing by the minister.
		(2)	To obtain a review of an order under subsection (1), the board must require the review not later than 3 weeks after the date the notice of the order was given to the person who is the subject of the order.
		(3)	The minister may extend the time limit for requiring a review under this section before or after the time limit's 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 order under review.
	Appeal to the commission from an order
	39	(1)	The person who is the subject of an order referred to in section 37 (1) may appeal to the commission from either of the following, but not both:
			(a)	the order;
			(b)	a decision made after completion of a review of the order.
		(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
	40	(1)	The board may appeal to the commission from either of the following, but not both:
			(a)	an order referred to in section 37;
			(b)	a decision made after completion of a review of the order.
		(2)	Sections 131 to 141 of the Forest Practices Code of British Columbia Act apply to an appeal under this section.
	Powers of commission
	41	(1)	On an appeal under section 39 by a person or under section 40 by the board, the commission may
			(a)	consider the findings of the decision maker who made the order, and
			(b)	either
				(i)	confirm, vary or rescind the order, or
				(ii)	with or without directions, refer the matter back to the decision maker who made the order, for reconsideration.
		(2)	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.
		(3)	After the period to request an appeal to the Supreme Court under the Forest Practices Code of British Columbia Act has passed, the minister may file a certified copy of the decision of the commission with the Supreme Court.
		(4)	A certified copy of a decision filed under subsection (3) has the same force and effect as an order of the court for the recovery of a debt in the amount stated in the decision, against the person named in the decision, and all proceedings may be taken as if the decision were an order of the court.
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