Policy 16.9 - Entry onto Private Land and into Buildings

Effective Date: 9-February-2006
Responsible Branch: Compliance and Enforcement Branch

Scope

This policy applies to the entry onto private land and or into premises by an Official pursuant to section 59 (2), (3), and (4) of the Forest and Range Practices Act [FRPA] and section 19 of the Wildfire Act [WFA].

The policy does not limit the authority of an official to enter private land in the performance of fire suppression duties pursuant to section 9 of the WFA.

Purpose

To clarify and articulate an Official's duties and responsibilities in the exercise of authorities provided for under section 59 of the FRPA and section 19 of the WFA.

Definitions

"the Acts" means the Forest Practices Code of BC Act, the Forest Act, the Wildfire Act, the Forest and Range Practices Act, the Range Act and their Regulations.

"FRPA" means the Forest and Range Practices Act.

"informed consent" means a person's consent to allow entry into their dwelling knowing with full knowledge that anything found may be used to further an investigation.

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

"reasonable time" is daylight hours or any time a site is active.

"SPC" means Special Provincial Constable.

"WFA" means the Wildfire Act.

Policy

All entries onto private land and into buildings shall be conducted in a manner that:

• Does not infringe on a person's rights or freedoms, and
• Is legally defensible, and
• Does not impact the Ministry's ability to use evidence collected during an inspection or investigation in court proceedings.

Entry Times

An Official may enter onto Crown land at any time to conduct either an inspection or an investigation.

An Official may enter onto private land or a building - other than a dwelling or a room that is being used as a dwelling - to perform an inspection or conduct an investigation for any purpose related to the administration or enforcement of the Acts within the administrative regime at any reasonable time if there are reasonable grounds to believe that:

• The site has located on it timber that is required to be scaled or marked with a timber mark under the Forest Act, or
• The site is the location of a forest or range practice that is regulated under the Acts or is carried on by a person who is required under the Acts to hold a licence or permit to carry out that practice, or
• The site is the location of trading in botanical forest products, or
• The site is within 1 km of forest land or grass land to inspect for fire hazards if the official has reasonable grounds to believe that an activity is being carried out or a condition exists on the land that might cause or produce a fire hazard, or
• The site is or has been the site of a fire or an industrial activity that may have caused or contributed to the spread of a fire, or
• The site is the location of land clearing, timber harvesting, timber processing, mechanical site preparations and other silviculture treatments, mining, road construction and any prescribed activity.

An Official may not enter a building or private land to conduct an investigation where an Official believes that the investigation will lead to criminal or quasi-criminal proceedings, other than with:

• The informed consent of the owner or occupant, or
• A search warrant.

An Official may not use force or damage property in order to enter any building or private land.

Entry of Dwellings

An official may not enter a dwelling such as a trailer or tent or any room being used as a dwelling without:

• The informed consent of the owner or occupant, or
• A search warrant.

Seizure of Goods

During an inspection or an investigation an Official may, pursuant to sections 67 or 68 of the FRPA, seize timber, hay, etc., that has been harvested, marked, transported, scaled or manufactured contrary to the Acts. Sections 67 and 68 of the FRPA do not provide for the authority to seize goods as evidence for criminal or quasi-criminal proceedings. In order to seize evidence, a search warrant is required.

Identification

In all cases, whether conducting an inspection or an investigation on private land, in a building, or on Crown land, Officials will ensure they have proper identification and will provide that identification upon request.

Officials will upon request provide copies of the legislation providing them with authority to conduct inspections on private land or in buildings.

Discretion

A supervisor may exercise his or her discretion and instruct an Official not to enter private land or a building until the supervisor is satisfied that the Official is competently knowledgeable of and fully capable of acting upon his or her legislated authorities in a fair and professional manner.

Search Warrants

An Official will discuss the need for a search warrant with the District Enforcement Specialist, Fire Centre C&E Specialist or a Regional C&E Specialist prior to making any application for a search warrant.

Officials will seek the assistance of their local detachment of the Royal Canadian Mounted Police in the service and conduct of any searches made pursuant to a search warrant.

References

• Police Act, section 9.
• Ministry of Forests Policy 16.5 Identification of Officers and Officials
• Forest and Range Practices Act sections 67 and 68.
• Wildfire Act section 19 and 20
• Ministry of Forests Policy 16.15 Forfeiture of Timber, Chattels, Hay, etc.
• Ministry of Forests Policy 16.16 Forfeiture of Livestock
• Ministry of Forests Policy 16.33 Special Provincial Constables.