Policy 9.1 - Wildfire Control Responsibilities & Costs

Effective Date: 11-July-2008
Responsible Branch: Forest Protection Branch

Resource Management Volume Table of Contents | Amendment Log

Scope

This policy covers guidelines and Forest Service responsibilities for the management of wildfires in B.C. This policy also details the circumstances under which the government will or will not seek to recover the government's fire control costs. Regardless of whether or not the government seeks to recover its fire control costs, the government may seek administrative penalties and compensation for damages.

Policy

Regardless of whether wildfires occur on private or Crown land, the Forest Service will endeavour to fulfil its fire control obligations based on the Ministry Service Plan and cost sharing agreements to minimize damage in a safe and cost-effective manner.

It is the responsibility of Local government to take fire control actions, including initial attack, containment, control and mop up on wildfires that occur within a local government's boundaries or jurisdiction. At the request of a local government, the Forest Service may enter on land to assist or carry out fire control within the local government's boundaries or jurisdiction (Ministry of Forests Act, s. 4(b); Wildfire Act s. 9 (2)).

The Forest Service may take fire control action on any land, or ensure that such action is taken by another party. All persons have an obligation to report any unattended or uncontrolled open fire they see. All persons have an obligation to take fire control action on a fire that they cause, contribute to the spread of, or use. Industrial operators have an obligation to carry out fire control and extinguish, if practicable any fire within 1 km of the site of the industrial activity. Persons who fail to meet any statutory obligations may be billed for fire control costs (Wildfire Act s. 25, 27).

The Fire Preparedness Levy is considered to be a "cost sharing agreement" under this policy. The Fire Preparedness Levy is intended to cover the government's fire control costs for fires that started as a result of a licensee's harvesting, road construction, road maintenance, road deactivation or silvicultural activities, unless a wilful act or omission caused or contributed to the spread of the fire. In those circumstances where the activities of a Fire Preparedness Levy Licensee has caused the fire but no wilful act or omission has occurred, government will not seek reimbursement of its fire control costs and the Licensee's responsibilities are limited to their obligated response.

Unless a wilful act or omission caused or contributed to the spread of the fire, the government will not require a forest licensee to reimburse the government for the government's fire control costs as determined under sections 25(1) (a) of the Wildfire Act if that forest licensee has paid all Fire Preparedness Levy due the government at the time of the fire.

The government may not require a forest licensee to reimburse the government for the government's fire control costs as determined under sections 27(1) (b) of the Wildfire Act if that person has paid all Fire Preparedness Levy due the government at the time of the fire.

Fighting fires can be very expensive and forest licensees incur costs when they take voluntary or obligated fire suppression action. Subject to some specific requirements, the government will reimburse a forest licensee's costs incurred for wildfire suppression response prior to determining if the licensee caused the fire, contributed to the spread of the fire or contravened a regulation.

If it is subsequently determined that the licensee caused the fire or contributed to the spread, compensation paid becomes a debt to government and is to be immediately repaid to government.

This upfront compensation will only be paid to a forest licensee if they:

• Are not in arrears in their payment of the Fire Preparedness Levy
• Have signed the Fire Preparedness Levy Conditional Compensation Agreement
• Reported the fire to MFR Protection. The report must include details of the response action being taken.
• Require the use of aircraft, that they will be granted a pre-approval threshold of 3 hours maximum total flight time regardless of the type or number of aircraft. This aircraft must be hired from the MFR Air Carrier Directory. This is in addition to those aircraft associated with the licensee's operation (e.g. helicopter logging).

The upfront costs and compensation for these forest licensees may be limited as in most cases the government will assume fire control operations from the forest licensee within 48 hours.

Compensation will be considered in the following three situations:

1. Voluntary response greater than 1 km from the site of the industrial activity.
2. Obligated response within 1 km of the site of the industrial activity where it is obvious the licensee's industrial activity did not cause the fire.
3. Obligated response within 1 km of the site of the industrial activity when cause is undetermined or the parties do not agree on the cause.

Based on the analysis used to calculate the levy rate for woodlots, the cost sharing applies in the interim to private land managed in association with a woodlot until further information can be gathered. The private land associated with a Tree Farm Licence is not covered under the Fire Preparedness Levy but would be covered if a Cost Sharing Agreement or Service Agreement is in place.

The government's costs associated with wildfire control in support of a fire department are covered under operating guidelines, and will not be passed on to the private land owner unless a wilful act or omission caused or contributed to the spread of the fire.

Government's fire control costs for a fire that results from a campfire on private or leased crown land may be passed on to the owner or lease holder.

Definition

Fire Preparedness Levy: Certain harvesting tenures issued under the Forest Act pay an annual rent based on their AAC (crown portion only) under the Annual Rent Regulation. A portion of this annual rent is the Fire Preparedness Levy (identified in column 3 of the table in the regulation). These tenures include Community Forest Agreements, Forest Licences, Timber Licences, Timber Sale Licence that specifies an allowable annual cut of greater than 10,000 m³ , Tree Farm Licences, and Woodlot Licences (Annual Rent Regulation s.1, Wildfire Regulation s.29).

Fire Preparedness Levy Conditional Compensation Agreement: Is a signed agreement with forest licensees where the Government will conditionally compensate the licensee for certain obligated or voluntary fire control costs on VCL provided the licensee is a contributor in good standing to the Fire Preparedness Levy through the Annual Rent Regulation.

Insurance Premium Tax: A portion of the lnsurance Premium Tax paid to government under the Insurance Premium Tax Act for certain types of insurance are used to provide coverage for the government's fire control costs for a wildfire:

The Insurance Premium Tax does not cover the government's fire control costs on private forest land outside of a local government boundaries or jurisdiction unless there is proof of valid fire insurance coverage for the cost of fire control activities to protect forest lands or grass lands or there is a Cost Sharing Agreement or Service Agreement (Wildfire Regulation s.28, 29) in place.

The Insurance Premium Tax does not cover the government's fire control costs if a wilful act or omission caused or contributed to the start or spread of the fire.

Wildfire: A wildfire is an unplanned fire burning organic soil, grasses and forbs, shrubs, trees, and associated fuels in their natural or modified state. A wildfire can also result from an open fire, ignited in accordance with the Wildfire Regulation, which, in the judgment of an official, threatens to or spreads beyond the area intended for burning. The term wildfire is synonymous with forest fire.

Wilful: Means intentional.

Fire Control Action

Fire Control action will be:

• implemented in a cost-effective manner consistent with the values at risk, land and resource management objectives, and
• based on sound tactical plans
• conducted in a manner that is safe for all involved

The Forest Service may delay, limit, suspend, or withdraw fire control action if it is determined by the decision-making process that:

• the action is:
  • unsuccessful due to extraordinary fire behaviour, or
  • impractical due to size and location of the fire, or
  • not cost-effective relative to the values being protected
  • unsafe or
• the wildfire is:
  • a natural process in maintaining an ecosystem and biodiversity, or
  • located in an area where it would be unsafe to locate fire fighting personnel, or
  • a lower priority than other existing wildfires.

Where fire control action taken by government has resulted in damage to the land, rehabilitation of damage caused by a fire control action the government will carry out rehabilitation as required. Where fire control action taken by a person carrying out an industrial activity has resulted in damage to the land, rehabilitation must be carried out (Wildfire Regulation s. 16, 17).

Billing, Compensation and Penalties (see tables)

Compensation: Government must pay compensation for fire control and rehabilitation costs to a person who undertakes fire control under an obligation under s. 6 of the Act (industrial operator within 1km of site of industrial activity) or if government requisitions facilities, equipment or personnel by an order. Government may pay compensation for fire control and rehabilitation to a person if the person voluntarily fights a wildfire. In both cases, compensation is not payable if the fire is on the person's private or leased crown land or if it is determined that the person caused or contributed to the fire or the spread of the fire (Wildfire Act s. 17). The applicable rates of compensation for wages and/or equipment are those specified in the Wildfire Regulation unless there is a different rate agreed to by the minister (Wildfire Regulation s. 14).

Costs: Subject to Wildfire Regulation section 28, the comments in this Policy related to "cost sharing agreements" and the Policy application of that section, government may recover the cost of its fire control activities on Crown land or private land (Wildfire Act s. 25(1), 27(l)(b)). Section 31 of the Wildfire Regulation outlines the prescribed manner for determining government's fire control costs in respect of a particular fire. If Government undertakes fire control on leased crown land, it cannot seek recovery of its fire control costs and related amounts from grazing, aquaculture, float home, and private moorage leases under the Land Act (Wildfire Act s. 25(2)(a); Wildfire Regulation s. 32).

Vacant Crown land: Users of vacant Crown land will be billed for Forest Service costs to fight fires that they have caused if they have not complied with the Wildfire Act or regulations (Wildfire Act s. 25, Wildfire Regulation s.31). Exceptions to this will be based on Cost Sharing Agreement, Service Agreement, Fire Preparedness Levy or Insurance Premium Tax. A Fire Preparedness Levy has been assessed to licensees who pay Annual Rent. Licensees who hold tenure issued under the British Columbia Timber Sales Program are covered under a Cost Sharing Agreement or the Fire Preparedness Levy. Billing will not be pursued for fires started from insured vehicles or recreation related campfires, unless a wilful act or omission caused or contributed to the spread of the fire. Users of vacant Crown land may be compensated for expenses incurred while fighting wildfires on Crown land, provided that they did not cause or contribute to the spread of the wildfire (Wildfire Act s. 17; Wildfire Regulation s. 14, 15). Penalties may be assessed if a person fails to comply with a provision in the Act or regulations, or fails to comply with an order or notice given by a forest official.

Leased ('occupied') Crown land: This is any Crown land leased from the government under the Land Act or other statutes, sometimes referred to as "Occupied Crown Land". All holders of a leasehold interest or occupiers of leased Crown land will be billed for government's costs to fight fires that they have caused if they have not complied with the Wildfire Act or Regulation (Wildfire Act s. 25, Wildfire Regulation s.31). Exceptions to this will be based on Cost Sharing Agreement, Service Agreement, or the Insurance Premium Tax. Leaseholders or occupants of Crown land leased from the government will not be reimbursed for any expenses they incurred while fighting wildfires on the leased crown land, regardless of fire cause (Wildfire Act s. 17(3).) Occupants of leased Crown land may be compensated for expenses incurred while fighting wildfires on Crown land outside of the lease area, provided that they did not cause or contribute to the spread of the wildfire (Wildfire Act s. 17; Wildfire Regulation s.14, 15). If Government undertakes fire control on leased crown land, it cannot seek recovery of its fire control costs and related amounts from grazing, aquaculture, float home, and private moorage leases under the Land Act (Wildfire Act s. 25(2)(a); Wildfire Regulation s.32). Administrative penalties or violation tickets may be issued if a person fails to comply with a provision in the Act or Regulation, or fails to comply with an order or notice given by an official.

Private land: Owners and/or occupants of private land will be billed for fire suppression costs for fires they cause on their land (Wildfire Act s. 25, Wildfire Regulation s.31). Exceptions to this will be based on Cost Sharing Agreement, Service Agreement, or the Insurance Premium Tax (proof of fire insurance for the threatened or damaged property may be required). However, if they have caused or contributed to the spread of a fire by a wilful act or omission, they will be billed for fire control costs. Owners and/or occupants of private land will not be reimbursed for any expenses they incurred while fighting wildfires on their private land, regardless of fire cause (Wildfire Act s. 17(3)). Owners and/or occupants of private land may be compensated for expenses incurred while fighting wildfires on Crown land outside of the private land, provided that they did not cause or contribute to the spread of the wildfire (Wildfire Act s. 17; Wildfire Regulation s.14, 15). Penalties may be assessed if a person fails to comply with a provision in the Act or regulations, or fails to comply with an order or notice given by a forest official.

Local government land: The local government within their fire service area has an obligation to undertake fire control action and the Forest Service may provide additional fire control assistance if available and requested to do so by the local government (Wildfire Act s. 9 (2)). Local governments will generally not be billed for fire control costs.

Damages

A person who causes or contributes to the spread of a fire may be billed for damages to crown assets, regardless of whether or not a Cost Sharing Agreement, Service Agreement, Fire Preparedness Levy or Insurance Premium Tax is in place.

Penalties

Prosecutions, Administrative penalties, violation tickets, damages, remediation orders, stop work orders may be pursued for non compliance of the Wildfire Act or Regulation (Offence Act, Wildfire Act s. 26, 27, 28, 34, 43).

References

• Insurance Premium Tax Act
• BC Suppression Training Series
• Wildfire Act
• Wildfire Regulation
• 2003 Glossary of Forest Fire Management Terms, CIFFC
• Ministry of Forests Act, s. 4(b)
• BCFS Operating Guidelines for Industry to Suppress Wildfires Protection Manual, Vol. I
• Worker's Compensation Board of British Columbia, Industrial Health and Safety Regulation
• Fire Preparedness Levy Conditional Compensation Agreement

Policy 9.1 Diagram
Wildfire Act - Responsibilities, Billing, Compensation and Penalties

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