Policy 16.3 - Designation and Authorization of Forest Officials

Effective Date: 15-June-95
Responsible Branch: Compliance and Enforcement Branch

Resource Management Volume Table of Contents | Amendment Log

Scope

This policy covers the designation and authorization of forest officials by the Minister of Forests or his or her designate as provided in the Forest Practices Code of British Columbia Act.

Purpose

To ensure that forest officials exercising authority under the Forest Practices Code of British Columbia Act and regulations are designated for that purpose and that their actions are legally defensible.

Definitions

For the purposes of this policy:

"designated forest official" means a person employed in the Ministry of Forests who is designated by name or title to be a designated forest official by the Minister of that Ministry for the purpose of a provision of the Forest Practices Code of British Columbia Act or regulations set out in the designation

"determination" means any act, omission, decision, procedure, levy, order, or other determination made under the Forest Practices Code of British Columbia Act, the regulations, or standards by an official or a senior official

"forest officer" means a person employed in the Ministry of Forests who is designated by name or title to be a forest officer by the Minister, Chief Forester, or a Regional Manager

"official" means a designated forest official

Policy

It is Ministry policy that:

Power to Designate

The power to designate a person as a forest official is held by the Minister of Forests or an appropriate official or designate. The appropriate official for designation of forest officials in the Ministry of Forests is the Assistant Deputy Minister of Operations.

To be valid, all recommendations for designation of forest officials must be signed by the Assistant Deputy Minister of Operations.

Recommendation for Designation

Recommendations for designation as a "forest official" shall be forwarded through regional and division offices to the Assistant Deputy Minister of Operations. Recommendations for designation will include the full name of the individual, or position, or functional job title. In order that a senior official may administer all sections of the Act and regulations, the senior official must be designated as a forest official. Designation should not be done by both name and position, or name and job title.

Recommendations of protection staff for Forest Official designation will be forwarded, by the Fire Centre Manager of each Fire Control Centre, to Protection Branch. Protection Branch will forward these recommendations to the Assistant Deputy Minister of Operations for designation.

It is the responsibility of the senior official in each responsibility centre to ensure the designation of forest officials is current and covers all staff with relevant job responsibilities.

Recommendations originating from districts or headquarters offices will be forwarded to the appropriate regional or branch office.

Recommendation for designation will be on an FS 835A, Designation of Forest Official form, for approval of the Assistant Deputy Minister of Operations (see attached example).

Authority to Execute

Authorization of forest officials by the Minister of Forests or the Assistant Deputy Minister of Operations will normally be specific to an individual, but may be done on the basis of a position, or person exercising a function, as opposed to a specific individual.

With the exception of section 1(6) of the Act a forest official is, upon designation, authorized to execute all provisions of the Forest Practices Code of British Columbia Act and pursuant regulations. For the purpose of section 1(6) of the Act, each District Manager will authorize by name, any designated forest official the District Manager wishes to act on his or her behalf in administering those sections of the Act dealing with logging plans.

No statutory provision exists for limited authority except in the case of forest wardens and other seasonal staff (refer to Forest Warden policy). Notwithstanding this, specific designation to administer section 170 of the Act will be restricted to a limited number of designated forest officials.

With respect to section 170(2)(b), (c), and (d) of the Act, each District Manager will recommend, by name, those designated forest officials the District Manager feels appropriate to be specifically designated to administer those sections. This recommendation will be forwarded to the Assistant Deputy Minister of Operations for official designation.

With respect to section 170(2)(c) of the Act, each Fire Control Manager of a Fire Control Centre will recommend, by name, those designated forest officials the Fire Control Manager feels appropriate to be specifically designated to administer this section. This recommendation will be sent to Protection Branch, who will forward the recommendation to the Assistant Deputy Minister of Operations for approval.

Authority is valid throughout British Columbia at all times, including after normal work hours, weekends, and other time away from the regular workplace. It is the responsibility of the forest official to ensure that authority used after normal work hours is consistent with that which is used in the course of their normal duties.

Authorization of Enforcement Officers

Forest officials whose primary role is enforcement shall also be designated as forest officers to ensure authority under the Forest Act, Range Act, and pursuant regulations.*

*Forest officials require designation as forest officers to enforce the Violation Ticket Administration Regulation until amendment proposals have been approved by an Order in Council. These proposed amendments will expand ticketable violations, in conjunction with the Forest Practices Code of British Columbia Act and associated regulations.

Minimum Requirements

All forest officials designated by name, title, or job function, should have as a minimum:

• demonstrated a clear understanding of the Forest Practices Code of British Columbia Act, Forest Act , Range Act, associated regulations, and the responsibilities of forest officials
• currently have, or can reasonably be expected to have, a requirement to exercise forest official authority in the course of their duties, in carrying out their function, or in occupying their position; and,
• remained current and up to date through regular training attendance and upgrading as required by policy and procedure

Tracking and Monitoring

Upon designation of personnel as forest officials, copies of the signed FS 835A will be returned to the originating office via the forwarding office.

Termination of Designation

If designated by name, forest official status remains valid until rescinded by the Assistant Deputy Minister of Operations, or until that person is no longer employed by the Ministry of Forests.

If designated by title or job function, designation remains valid until rescinded by the Assistant Deputy Minister of Operations, or employment with the Ministry of Forests ceases, or person is no longer occupying that position or job function.

Transferability and Re-designation

Forest official designation is valid throughout the province and is transferable between districts and regions without renewal.

References

• Forest Act
• Range Act
• Forest Practices Code of British Columbia Act