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| Volume 1 - Resource Management Chapter 9 - Fire and Aviation Management Policy 9.1 - Wildfire Control Responsibilities & CostsEffective Date: April 13, 2012 Resource Management Volume Table of Contents | Amendment Log ScopeThis policy provides direction on fire control responsibilities, billing, compensation and contraventions for the management of fires in British Columbia. This policy also details the circumstances under which the Province may seek to recover the Province’s fire control costs. Regardless of whether or not the Province seeks to recover its fire control costs, the Province may seek administrative penalties and compensation for damages to Crown assets. Note: It is strongly recommended that staff and stakeholders consult the Wildfire Act and Wildfire Regulation for exact wording of the provisions. DefinitionsFor the purposes of this policy, the following definitions apply: BCTS: means BC Timber Sales and BC Timber Sales Licensees. In accordance with the Memorandum of Understanding between WMB and BCTS dated July 31, 2008, and for the purposes of this policy, WMB will treat BCTS and BCTS licensees that same way as Qualified Holders. Cost Sharing Agreement: See Wildfire Regulation, section 28 for definition. Fire Preparedness Levy: Certain harvesting tenures issued under the Forest Act pay an annual rent based on their allowable annual cut (AAC) (Crown portion only) under the Annual Rent Regulation. A portion of this annual rent is the Fire Preparedness Levy. These tenures include Community Forest agreements, Forest licences, Timber licences, First Nations Woodland licenses, Tree Farm licences and Woodlot licences (Annual Rent Regulation s.1). Leased Crown Land: means any Crown land leased from the Province under the Land Act for purposes other than for grazing, aquaculture, float homes or private moorage (for the purposes of section 25 (2) of the Wildfire Act) (Wildfire Regulation, s. 32). Local Government Land: means land owned by local government. See Wildfire Act, section 1 for definition of “local government”. Occupied Crown Land: means any Crown land, including any Crown land subject to an interest under the Land Act, which is physically occupied or on which the occupant conducts an industrial or high risk activity. Qualified holder: See Wildfire Regulation, section 1 for definition. Service Agreement: See Wildfire Regulation, section 28 for definition. Fire: for the purposes of this policy, could mean either of the following:
Wildfire Suppression Agreement: means an agreement between Canada, the Province and a Treaty First Nation (TFN) where the parties have agreed to contribute towards the fire control costs incurred by the Province for providing fire control services for fires originating on TFN lands. Policy - General
Policy - Qualified Holders and BCTS
Policy - Fire on Different Lands
Policy - Compensation and Rehabilitation
References
Policy 9.1 Appendix A - Table
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Vacant |
Leased |
Private Land
/ First
Nation
Treaty
Settlement
Lands |
Local
Government
Land |
|
All Persons |
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|
Responsibility to report a
fire within 1 km of forest
or grass land to the
Province (s. 2, WFA) |
Yes |
Yes |
Yes |
Yes |
|
(A) Person
carrying out industrial
activity and a fire[1]
starts (any cause)
within 1 km |
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|
Responsibility for fire
control
(s. 6 (3), WFA) |
Immediately carry out fire
control and extinguish the
fire, if practicable, with
available resources. |
Immediately carry out fire
control and extinguish the
fire, if practicable, with
available resources. |
Landowner and/or occupant to
immediately carry out fire
control and extinguish the
fire, if practicable, with
available resources. |
N/A |
|
Required resources available
for fire control (s. 13,
WFR) |
All:
-
workers[2] equipped
with fire fighting hand
tools,
-
heavy equipment, and
-
fire suppression systems,
within 30 km by road of the
site of the industrial
activity |
All:
-
workers equipped with fire
fighting hand tools,
-
heavy equipment, and
-
fire suppression systems,
within 30 km by road of the
site of the industrial
activity |
All:
-
workers equipped with fire
fighting hand tools,
-
heavy equipment, and
-
fire suppression systems,
located on the private land
(WF Reg s. 13) |
N/A within local FD area,
but would apply outside
local FD area. |
|
Person has responsibility to
rehabilitate the land
damaged by fire control (s.
6(3)(d) WFA, s. 16, WFR) |
Yes |
Yes |
Yes |
N/A |
|
(A1)
Person did not cause
or contribute to the spread
of the fire |
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|
Compensation paid by the
Province for reasonable fire
control costs including
approved rehabilitation (s.
17 WFA) |
Yes
Must be compensated at
applicable rates[3]
Compensation for aircraft
not granted unless
authorized by Fire Centre
prior to response
6 |
No
No reimbursement of costs
for leaseholder on leased
land |
No
No reimbursement of costs
for owner or occupant on
private land |
Yes, FD reimbursed if Crown
land exists within a FD’s
boundaries provided that
fire control action is
approved by Fire Centre.
And Yes, if FD takes
pre-approved action outside
of FD jurisdiction. |
|
Cost recovery pursued by the
Province for fire control
and rehabilitation costs |
No |
No |
No
Except Yes7 if a
Treaty First Nation with a
Wildfire Suppression
Agreement |
N/A |
|
Administrative penalty,
violation ticket or
prosecution may be pursued |
No |
No |
No |
No |
|
(A2)
Person caused or
contributed to the spread of
the fire |
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|
Compensation paid by the
Province for Fire control
costs including
rehabilitation |
No. Except Yes conditionally
6 |
No |
No |
No |
|
Cost recovery pursued for
the Province’s fire control
and rehabilitation costs |
Yes
Except No[4] if
qualified holder or BCTS (s.
26, s. 27) |
Yes - if on a lease under
the
Land Act[5]
as defined in the Regulation
Except No4 if
qualified holder in certain
circumstances (WFA s. 25, s.
27) |
Yes7
Except No4 if a
qualified holder in certain
circumstances (WFA s. 25, s.
27) |
No, except YES, if a
landowner is found to have
contravened the legislation.
(s. 25, s. 26, s. 27, s. 43) |
|
Administrative penalty,
violation ticket,
prosecution or damages may
be pursued
|
Yes |
Yes |
Yes |
Yes, against individual |
|
(B)
All other: Person NOT
carrying out industrial
activity or Person carrying
out industrial activity and
a fire starts over 1 km from
the site of the industrial
activity |
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(B1)
Person did not cause
or contribute to the spread
of the fire
|
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Responsibility for fire
control |
No |
Due diligence implores a
Leaseholder, where
practicable,
to fight fire with
available resources to
ensure fire does not
endanger life or threaten
adjacent Crown forest or
grass land |
Due diligence implores an
Owner and/or occupant, where
practicable, to fight fire
with available resources to
ensure fire does not
endanger life or threaten
adjacent Crown forest or
grass land |
Yes, in fire protection
area.
May request
assistance from WMB as
necessary. |
|
Compensation paid by the
Province for reasonable fire
control costs |
Voluntary fire control
response may be compensated
at applicable rates
Compensation for aircraft
not granted unless
authorized by the Fire
Centre prior to response
6 |
No reimbursement of costs
for leaseholder
Voluntary fire control
action by person other than
occupant may be compensated
at applicable rates |
No reimbursement of costs
for owner and/or occupant |
Yes, if FD takes
pre-approved action outside
of FD jurisdiction on Crown
land. |
|
Person has responsibility to
rehabilitate the land
damaged by fire control |
No |
No |
No |
No |
|
Compensation for
rehabilitation may be paid
by the Province |
Voluntary rehabilitation
that is approved may be
compensated at applicable
rates |
No reimbursement of costs
for leaseholder |
No reimbursement of costs
for owner and/or occupant |
No |
|
Cost recovery pursued by the
Province for fire control
and rehabilitation |
No |
No |
No
Except Yes7 if a
Treaty First Nation with a
Wildfire Suppression
Agreement |
No |
|
Administrative penalty,
violation ticket,
prosecution or damages may
be pursued |
No |
No |
No |
No |
|
(B2)
Person caused or
contributed to the spread of
the fire
|
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|
Responsibility for fire
control |
Immediately carry out fire
control and extinguish the
fire, if practicable |
Immediately carry out fire
control and extinguish the
fire, if practicable |
Immediately carry out fire
control and extinguish the
fire, if practicable |
Immediately carry out fire
control and extinguish the
fire, if practicable. |
|
Compensation paid by the
Province for reasonable fire
control costs |
No
Except Yes conditionally
6 |
No |
No |
No |
|
Person has responsibility to
rehabilitate the land
damaged by fire control |
No |
No |
No |
No |
|
Compensation for
rehabilitation may be paid
by Province |
No |
No |
No |
No |
|
Cost recovery may be pursued
for the Province’s fire
control and rehabilitation
costs |
Yes (WFA s. 26, s. 27)
Except No4 if
qualified holder |
Yes - if on a lease under
the
Land Act5
as defined in the
Regulation
Except No4 if
qualified holder in certain
circumstances
(WFA s. 25) |
Yes7
Except No4 if a
qualified holder in certain
circumstances or in
accordance with a Wildfire
Suppression Agreement with a
Treaty First Nation (WFA s.
25) |
No, except YES, if a
landowner is found to have
contravened the legislation.
(WFA, s. 25) |
|
Administrative penalty,
violation ticket,
prosecution or damages may
be pursued |
Yes |
Yes |
Yes |
Yes |
[1]
A person carrying out an industrial activity is exempt
from
s. 6(3)
of the
Wildfire Act for fire control obligations in respects of a fire that
starts at or within 1 km of the site of the
industrial activity if the fire is in a
protected area, or is on private land that
is not owned by the person or another who
acts on the person’s behalf or under the
person’s direction.
[2]
“Workers” does not include individuals
working at a non-portable timber processing
facility, on a tug or barge, or in a
clerical or administrative capacity.
[3]
“Applicable rates” for compensation means
rates specified in the Wildfire Regulation
unless there is a different rate agreed to
by the Minister.
Agreed to rates may be applicable by
sector, company or individual.
[4]
The government may pursue recovery of its
fire control costs if a wilful act or
omission caused or contributed to the start
or spread of the fire
[5]
Under the
Wildfire Act
s.25(2)(a)
and Regulation
s.32,
the government may seek to recover its fire
control costs for a fire on leased land,
where the lease
has been issued from the government under
the
Land Act
for purposes
other
than for grazing, aquaculture, float homes
or private moorage.
6
Compensation will be paid in accordance with
section 17
of the
Wildfire Act.
7
Proportional recovery of Wildfire control
Costs from the Treaty First Nation will be
according to the terms of the Wildfire
Suppression Agreement.
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