Policy 16.14 - Stop Work Orders

Effective Date: 15-June-00
Updated: September-05
Responsible Branch: Compliance and Enforcement Branch

Scope

This policy covers the issuing, service and administration of Stop Work Orders [SWO] made pursuant to section 66 of the Forest and Range Practices Act [FRPA] or section 34 of the Wildfire Act.

Purpose

To provide direction and guidance on the issuing of and subsequent processing of SWOs.

Definitions

For the purposes of this policy:

"Acts" means the Forest and Range Practices Act, the Forest Practices Code Act, the Wildfire Act, the Forest Act, the Range Act, the Wildfire Act and their regulations.

"CEB" means Compliance and Enforcement Branch.

"C&E Leader" means District Compliance Leader, a Regional Compliance and Enforcement Manager, and or a Fire Center C&E Leader.

"contravention" means a contravention of a provision of the Acts.

"imminent" means soon to occur based upon an assessment of the particular circumstances.

"Official" means a Ministry employee so designated pursuant to FRPA or as an Official pursuant to the Wildfire Act.

"ongoing" means an activity that is occurring when the Forest Official is present. Where an activity has ceased, but it is reasonable to assume it will proceed, the activity should be considered as ongoing.

"PRB" means Protection Branch.

"RCEM" means Regional Compliance and Enforcement Manager.

"SWO" means a Stop Work Order made pursuant to section 66 of the Forest and Range Practices Act [FRPA] and section 34 of the Wildfire Act.

Policy

It is Ministry policy that:

Only those Ministry staff designated as Officials who perform a C&E function may issue a SWO and those Officials will be familiar with section 66 of FRPA and or section 34 of the Wildfire Act as the case may be.

A SWO may be issued where:

• An Official has reasonable grounds to believe a person is contravening the Act/s,

And

• There is imminent or ongoing environmental damage, or
• There is imminent or ongoing damage to a resource value, or
• There is imminent or ongoing harm to a person or property, or
• The Crown is at risk of losing revenue, or
• A person is conducting a forest practice without a plan, permit, approval, or agreement,

And

• The person responsible is not taking immediate and effective steps to halt the contravention, or
• A SWO may be necessary to ensure the public interest is met.

A SWO may not be issued where:

• There is no ongoing contravention, even though environmental or other damage may be occurring, or
• Any contravention occurred in the past and the activity that led to any alleged contravention has ceased, or
• There is a reasonable belief that a contravention may occur in future.

Service

A SWO must be in writing and will be served to the person who it is reasonable to assume is the on site person responsible for the activity in contravention. Where that person is an employee, contractor or an agent of an agreement holder or landowner, the SWO will also be served on the agreement holder and/or landowner within 72 hours.

A SWO must be issued on the Ministry of Forests and Range Form FS 12. Where no form is available on site, an Official may issue a written SWO by the best means available but must follow up on with the FS 12 SWO within 72 hours of the initial order.

There is no authority to issue verbal SWOs. All SWOs must be in writing.

Content

• In describing the nature of the contravention, the Official will state the section of the Acts being contravened, and will describe the activity that constitutes the contravention.
• The Official will tailor the SWO so it applies only to the specific area or activity in contravention.
• The Official will specify when the activity in contravention must cease, e.g. immediately to prevent environmental damage or at the end of the work day where work is underway without the proper authority but no environmental damage is occurring and it is reasonable to assume the required authority will be obtained.

SWO Not Complied With

Where a person does not comply with a SWO, the Official will observe and record the actions of the person, will consult with their C&E Leader and will notify the CEB or PRB as the case may be. The CEB/ PRB will work with the Official in the preparation of a briefing note for the Minister's consideration in making an application to the Supreme Court for an Order for Compliance pursuant to section 90 of FRPA or section 47 of the Wildfire Act.

Where a person does not comply with a SWO issued pursuant to s. 66 of FRPA, the Official will consult with their C&E Leader and will proceed as per established policy and procedure with respect to an investigation into s. 112 (3) of FRPA for failing to comply with an order. [Note: there is no equivalent contravention in the Wildfire Act.]

Extinguishing a SWO

An Official may rescind or extinguish a SWO where the Official determines there were insufficient grounds for issuing the SWO. Extinguishing a SWO must be in writing, and must be delivered to the person[s] to whom the formal written SWO was issued.

A SWO should be written in a manner that it is self-extinguishing when the requirements are met. The wording should include either "… to the satisfaction of [a Official]…" or should name the licence, permit, amendment, plan or approval necessary for compliance and therefore necessary to extinguish the SWO. Where a SWO is not self-extinguishing, the Official must extinguish the SWO in writing and the extinquishment must be delivered in person to whom the formal SWO was issued.

Record Keeping

All SWOs will be documented in ERA and or in an ERA file. The documentation will include and is not limited to the rationale for the SWO, any evidence in support of the SWO, and the lifting or rescinding of the SWO as the case may be.

References

• Forest Act
,
• Range Act
,
• Wildfire Act
,
• Forest Practices Code of British Columbia Act
,
• Forest and Range Practices Act
, and
• Ministry of Forests Policy Manual
.