Volume 1 - Resource Management
Chapter 16 - Enforcement

Policy 16.33 - Special Provincial Constables

Effective Date: 10-September-04
Responsible Branch: Compliance and Enforcement Branch

Resource Management Volume Table of Contents | Amendment Log


Scope

This policy applies to all those Ministry staff designated as Special Provincial Constables.


Purpose

To clarify, articulate and limit the exercise of authorities provided within the Police Act of those Ministry staff designated as Special Provincial Constables.

To articulate the Public Complaints process as it applies to Special Provincial Constables within the Ministry of Forests.


Definitions

"FRPA" means the Forest and Range Practices Act.

"FPC Act" means the Forest Practices Code Act of British Columbia.

"pursuit" in the context of this policy means to follow with the intent of overtaking.

"SPC" means a Ministry of Forests employee authorized to exercise the authorities of a Special Provincial Constable pursuant to section 9 of the Police Act.


Policy

A person within the Ministry of Forests designated as a SPC pursuant to the Police Act, is limited to exercising his or her authority pursuant to his or her mandate and duties as a Forest Officer and Forest Official.

A person within the Ministry of Forests designated as a SPC pursuant to the Police Act, is limited to exercising the following authorities in the following manner:

  1. Execution of search warrants in order to gather evidence for prosecutions.
    • SPCs may only execute search warrants once they have received training in search warrant application and execution.
    • SPCs will only execute search warrants relevant to investigations of offences under the FRPA, the FPC Act, the Range Act, the Wildfire Act and or the Forest Act, and their respective Regulations.

  2. Conduct surveillance operations.
    • SPCs may only conduct surveillance activities once they have received training in surveillance practices and procedures.
    • SPCs may conduct both static and mobile surveillance.
    • SPCs, during the course of any surveillance activities, will not undertake any pursuit of the subject of the investigation.
    • SPCs will ensure they do not trespass on private property when they conduct static surveillance.
    • SPCs may receive permission from a private property owner to utilize that property to conduct static surveillance on a neighbouring property.
    • SPCs may where appropriate photograph the activities of a subject of an investigation.
    • Pursuant to Ministry policies, a SPC may purchase forest products without identifying him or herself as an employee of the Ministry of Forests.

  3. Operate vehicles pursuant to section 122 of the Motor Vehicle Act as emergency vehicles.
    • SPCs may only operate any vehicle pursuant to section 122 of the Motor Vehicle Act once they have received training in the BC Provincial Emergency Vehicle Operators Course.
    • SPCs will not undertake pursuit of any vehicle or person during the course of their duties.

  4. Seizure of evidence within the context of any investigation.
    • SPCs may seize evidence during the course of an investigation of an offence under the FRPA, the FPC Act, the Range Act, the Wildfire Act and or the Forest Act.

  5. Require proper identification of suspects, which may involve detention of some persons.
    • SPCs will not detain persons for the purposes of ascertaining lawful identity until they have completed basic training in the Canadian Use of Force Continuum.
    • SPCs will not use force for the purposes of ascertaining lawful identify.
    • SPCs will not carry any force options tools such as batons or handcuffs, and will not use oleo capsicum spray or similar spray on any person. SPCs may carry oleo capsicum sprays [pepper spray] for personal safety against animals.

  6. Despite section 494, Part XVI of the Criminal Code of Canada, SPCs will not arrest any person during the course of their duties.


Complaints

All complaints against SPCs will be dealt with as provided for under the provisions of Ministry of Forests Policy 16:31 Public Complaints Policy which reflects and applies the provisions of the Special Provincial Constable Complaint Procedure Regulation under the Police Act.


Responsibilities

Special Provincial Constables

A SPC is responsible for:

  • Recording each incident where they exercise their authority as a SPC.
  • Applying for and attending the training necessary to exercise their authorities.

Regional Compliance and Enforcement Managers, Provincial Co-ordinator, and Fire Centre Managers

The above are responsible for:

  • Ensuring each SPC receives the required training.
  • Ensuring each SPC does not exercise those authorities provided for with this policy until the SPC has received the requisite training.
  • Responding to complaints against SPCs pursuant to Ministry Policy and the Special Provincial Constable Complaint Procedure Regulation.

Provincial Co-ordinator, Investigations and Enforcement

The Provincial Co-ordinator is responsible for the SPC annual report.


References

  • Criminal Code of Canada, section 454.
  • Special Provincial Constable Complaint Procedure Regulation.
  • Police Act, section 9.
  • Motor Vehicle Act, section 122.