Volume 1 - Resource Management
Chapter 16 - Enforcement

Policy 16.24 - Remediation Sub-Account

Effective Date: 23-November-98
Responsible Branch: Compliance and Enforcement Branch

Resource Management Volume Table of Contents | Amendment Log

Scope

The Forest Stand Management Fund—Environmental Remediation Sub-Account has been established to:

  1. receive all revenue payable from penalties levied under Part 6, Division 3 of the Forest Practices Code of British Columbia Act; and

  2. provide for expenditures as prescribed under the Special Accounts Appropriation and Control Act.

Purpose

To provide a mechanism for funding remedial work and special investigations costs related to contraventions under the Forest Practices Code of British Columbia Act.

Policy

It is Ministry policy that:

  1. Revenue payable under Part 6, Division 3, of the Forest Practices Code of British Columbia Act will be paid into the Remediation Sub-Account and will be recorded when an invoice is issued for penalties as described in Part 6, Division 3.

  2. Expenditures may be incurred by the Remediation Sub-Account for purposes related to the following:

    1. carrying out work under section 118(3)(b) of the Forest Practices Code of British Columbia Act;

    2. remedying or carrying out work to mitigate environmental damage, or potential environmental damage, to Crown forest land or Crown range land directly related to contraventions under the Forest Practices Code of British Columbia Act or the regulations and standards made under that Act;

    3. extraordinary expenses related to investigations of contraventions under the Forest Practices Code of British Columbia Act or the regulations and standards made under that Act;

    4. hiring of expert witnesses; and,

    5. fire suppression costs relating to contraventions under the Forest Practices Code of British Columbia Act or the regulations and standards made under that Act if a penalty has been levied under that Act in respect of the contravention.

  3. All expenditures must be in accordance with the Financial Administration Act.

  4. Revenue and expenditures recorded in this account are to be reported on quarterly to the Assistant Deputy Minister of Operations.

  5. All expenditures must be in accordance with the procedures established, approved, and maintained by the Compliance & Enforcement Branch, Ministry of Forests. Nonetheless, the following expenditures will not be funded by the account:

    1. salary or overtime costs for employees;

    2. employee travel expenses associated with an investigation;

    3. remedial work in excess of that required to return a site to a satisfactory condition;

    4. and repair or replacement of bridges and structures.

  6. Spending Authorities: The Director, Compliance & Enforcement Branch, is responsible for approving expenditures up to $50,000. The Assistant Deputy Minister, Operations Division, is responsible for approving expenditures in excess of $50,000 and less than $100,000, Expenditures of $100,000 or more are to be approved by Treasury Board.

  7. Unless approved by Treasury Board, the total expenditures will not exceed the revenue paid into the account.

References