Volume 1 - Resource Management
Chapter 16 - Enforcement

Policy 16.5 - Identification of Officers and Officials

Effective Date: 16-March-06
Responsible Branch: Compliance and Enforcement Branch

Scope

This policy covers the requirements for identification of Ministry employees designated as Officers under the Forest Act, Officials under the Forest and Range Practices Act [FRPA], and Officials under the Wildfire Act [WFA].

The policy does not limit the ability or provide direction on the identification of employees of the Ministry other than those employees who have been designated as an Officer and or an Official.

This policy does not replace or supercede any other requirements for identification that may exist in any other enactment or regulation other than those cited by this policy.

Purpose

To clarify, articulate and direct Officials and Officers with respect to their obligations to provide identification as required by section 62 of the FRPA and section 23 of the WFA.

Definitions

"FA" means Forest Act.

"FRPA" means Forest and Range Practices Act

"Officer" is a Ministry employee designated as an Officer pursuant to the FA.

"Official" is a Ministry employee designated as an Official under the WFA or the FRPA.

"WFA" means Wildfire Act.

Background

Section 62 of FRPA, Obligation of an official, reads as follows:

Obligation of an official
  62      An official who
    (a) under this Division enters onto land or premises, conducts an inspection, stops a vehicle or vessel or requests records, or
    (b) under Division 2 of this Part seizes goods
must provide proof of identity, on the request of the person who
    (c) is in possession or apparent possession of the land or premises,
    (d) has apparent custody or control of the records or property being inspected,
    (e) is in charge of the activity being inspected, or
    (f) is operating a vehicle or vessel stopped under section 60.

Section 23 of the WFA, Proof of official's identity, reads as follows:

Proof of official's identity
  23      An official who under this Division enters onto land or premises, conducts an inspection, stops a vehicle or vessel, requests records or seizes goods must provide proof of identity at the request of the person who
    (a) is in possession or apparent possession of the land or premises,
    (b) has apparent custody or control of the records or property being inspected,
    (c) is in charge of the activity being inspected, or
    (d) is operating a vehicle or vessel stopped under section 21.

Policy

All Officers and Officials will be issued an Officer and or Official identification card upon designation. The identification will include a colour photograph and will be upgraded every 5 years. The identification cards will be Ministry of Forests Form 597, 597A, or 597B as required. One or more cards may be issued as necessary.

All Officers and Officials will carry their cards at all times during the performance of their duties.

All Officers and Officials will produce their cards as identification upon request.

All Officers and Officials will notify their supervisor where Ministry identification is lost or misplaced.

All Officers and Officials will turn in their identification when they leave government employment or transfer into a program area that no longer requires Official or Officer status for the performance of their duties.

References

  • Section 62 of the Forest and Range Practices Act,
  • Section 23 of the Wildfire Act.