Volume 1 - Resource Management
Chapter 16 - Enforcement

Policy 16.32 - Government Non-Compliance Reporting

Effective Date: 03-May-04
Responsible Branch: Compliance and Enforcement Branch

Resource Management Volume Table of Contents | Amendment Log


Scope

This policy applies to government non-compliance with statutory obligations in forestry legislation.


Purpose

To ensure:

  • that government non-compliance with forestry legislation is investigated, recorded, and reported;
  • that determinations regarding government non-compliance are recorded in an appropriate and timely manner, and that any remedial actions are taken in a timely manner;
  • that public confidence in the Compliance and Enforcement (C&E) program is maintained by requiring the C&E program to investigate all alleged government non-compliance in an equitable and timely manner;
  • that public confidence is maintained in government's ability to address government non-compliance in a timely and appropriate manner.
  • that a high standard of objectivity is maintained when assessing and reporting government non-compliance with statutory obligations; and,
  • that the reporting process is efficient with each stage adding value and that the reports of government non-compliance are standardized and accurate.
To improve compliance with forest management statutes by all resource users, and to support an open and transparent regulatory system.

Background

C & E program responsibility is to inspect, investigate and enforce statutory obligations in a consistent, fair and reasonable manner regardless of the person(s) responsible for meeting the obligation.

Results from inspections and investigations are used in the evaluation and feedback process to add value to, and to improve forest management planning and implementation.


Definitions

"DCL" - District Compliance Leader.

"DDM" - Delegated Decision Maker.

"Government" - as defined in the Interpretations Act.

"Insignificant non-compliance" - Government non-compliance with an impact that is inconsequential, transitory and of small scope or size. E.g. process related incidents or incidents with no damage to an economic, social or environmental value. Incidents of a trivial nature that are not in the public interest to pursue.

"Ledger" - the Government Non-Compliance Form and Report specific to government non-compliance issues within the Ministry's "Compliance Information Management System" (CIMS) data capture and reporting system.

"RED" - Regional Executive Director.

"RCL" - Regional Compliance Leader.

"Significant non-compliance" - any non-compliance by government which is not insignificant. Impacts may be minor or major.

"TSM" - Timber Sales Manager.


Policy

All ministry staff will report all alleged government non-compliance to the DCL and/or the RCL.

Government employees who report an alleged government non-compliance will not suffer any recrimination.

The DCL/RCL will investigate all reported incidents of alleged government non-compliance.

All investigations into alleged government non-compliance, and their outcomes, will be recorded in the Ledger.

The C&E program will maintain the Ledger of all government non-compliance with forestry legislation.

The C&E program will include in any annual report all significant government non-compliance with forestry legislation.

Reported incidents of significant government non-compliance will be considered in regional and district inspection planning procedures.


Responsibilities

All Ministry of Forests' staff, including BCTS staff, will report all incidents of non-compliance with statutory obligations.

C&E program staff will determine whether an incident of government non-compliance meets the criteria for a significant or insignificant incident. The DCL, or the RCL as the case may be, will evaluate all reports of government non-compliance.

C&E program staff will record all incidents of insignificant non-compliance in the Ledger in a timely manner. The DCL will report incidents of significant non-compliance to the RCL in a timely manner. Where regional investigators report on government non-compliance to the RCL, the RCL will notify the DCL.

The RCL, in consultation with the DCL, will assign a lead investigator to all incidents of significant non-compliance.

Where an investigation is initiated into government non-compliance, the TSM and or the DM will be advised of the investigation as soon as is practicable except in those circumstances where doing so may compromise the integrity of any investigation.

To enable accurate and complete reporting of incidents of significant non-compliance, C&E program staff assigned to investigate each significant non-compliance incident shall maintain the Ledger in a timely manner.

The RCL will report annually, or more frequently as he or she deems necessary, on insignificant non-compliance to the TSM and or the DM, and to the RED.

The RCL will report annually, or as he or she deems necessary, on all incidents of significant non-compliance to the RED, the DM and to the C&E Branch QA forester. The RED will report annually, or as he or she deems necessary, on significant non-compliance to the Executive Director of Operations and BC Timber Sales and to the BCTS Director of Operations.

For any alleged BCTS or DM non-compliance that may require a determination by a decision-maker, the RED or his/her designate will be the decision-maker.

It is the responsibility of the decision-maker to ensure procedural fairness, and to make a determination regarding all significant incidents of government non-compliance in a timely manner.


Development of SOP's

Compliance and Enforcement Branch and the Compliance and Enforcement Leaders Team (CELT) shall prepare, communicate and maintain a set of procedures for reporting government non-compliance with forestry legislation.


Records Management and Documentation

The CIMS 'Ledger' will be updated in a timely manner with completed inspections, investigations and determinations.

If an investigation or determination has been withdrawn or had no formal action taken then the reason for the withdrawal or no action taken must be entered into the CIMS 'Ledger'.


References

  • Budget Transparency and Accountability Act;
  • Forest Act;
  • Forest Practices Code of BC Act;
  • Forest and Range Practices Act;
  • Interpretations Act;
  • Offence Act;
  • Range Act;
  • Ministry Policy Manual, Resource Management, Chapter 16, Enforcement;
  • Ministry Policy Manual, Resource Management, 17.2, Inspections Policy;
  • Ministry Policy Manual, Resource Management, 17.3, Monitoring Policy;
  • Ministry Policy Manual, Resource Management, 17.4, Internal Forest Practice Audits Policy; and,
  • Ministry of Forests, Compliance and Enforcement Branch, Provincial Compliance Procedures.