| PART 6 – Forest Practices Board |
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Definition of "party" for section 68 |
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67 |
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In section 68 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, or |
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(d) |
a person referred to in section 68 (2) who may be audited or investigated under that section. |
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Audits and special investigations |
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68 |
 (1) |
In accordance with the regulations, |
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(a) |
the board |
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(i) |
must carry out periodic independent audits, and |
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(ii) |
may carry out special investigations |
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to determine |
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(iii) |
compliance with the requirements of Parts 1 and 2 and the regulations made in relation to those Parts by a party, and |
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(iv) |
the appropriateness of government enforcement under Part 3, and |
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(b) |
the board must deal with complaints from the public respecting prescribed matters that relate to this Act. |
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(2) |
If |
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(a) |
while carrying out under subsection (1) (a) (i) or (ii) an audit or investigation of a party in respect of a matter referred to in subsection (1) (a) (iii), 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,
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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(3) |
Sections 123 to 140 of the Forest and Range Practices Act apply for the purposes of this section, except that, for those purposes, |
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(a) |
the references in sections 123, 124 and 131 of that Act to a determination must be read as references to an order under this Act, |
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(b) |
the reference in section 129 of that Act to section 97 must be read as a reference to section 56 of this Act, and |
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(c) |
the reference in section 131 (4) of that Act to section 83 must be read as a reference to section 40 of this Act. |
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