Policy 9.1 - Wildfire Control Responsibilities & Costs

Effective Date: April 13, 2012
Responsible Branch: Wildfire Management Branch

Resource Management Volume Table of Contents | Amendment Log

Scope

This 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.

Definitions

For 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:

1. Wildfire - An unplanned fire occurring on forest or grass lands, burning forest vegetation, trees, grass, brush, heath, scrub, peat lands, or a prescribed fire set under regulation which spreads beyond the area authorized for burning; or
2. Nuisance Fire - A fire which does not spread to forest or range lands, or beyond the area authorized for burning if set under regulation, but is now not in compliance.

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

1. Regardless of whether fires occur on private or Crown land, the Province 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.
3. Fire control action on any land:  The Province may take fire control action on any land, or ensure that such action is taken by another party (Wildfire Act, s. 9, 16).
4. Obligations:  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. (Wildfire Act s. 2, 3)
5. Non compliance:  Prosecutions, administrative penalties, violation tickets, damages, remediation orders, stop work orders may be pursued against any person for non compliance of the Wildfire Act or Regulation (Wildfire Act s.26, 27, 28, 34, 43).
6. Fire Control Cost recovery:  Subject to an opportunity to be heard, the Province may pursue administrative remedies, fire control costs and costs for damages to Crown assets from any person, regardless of any valid agreements or the category of person (Wildfire Act, s. 25, 27).
7. Damage to Crown assets – Cost Recovery:  Subject to an opportunity to be heard, the Province may recover costs for damages to Crown timber, other forest land resources, grass land resources and other property of the Province damaged or destroyed as a direct or indirect result of the fire or contravention. [Wildfire Act, s. 25 (1) (b) and 27 (1) (c)]]

Policy - Qualified Holders and BCTS

7. Fire Control Cost recovery may not be sought in certain circumstances:  If a fire starts or spreads as a result of an activity by a qualified holder, including BCTS, conducting harvesting, road construction, road maintenance, road deactivation or silvicultural activities, costs for fire control or other costs may not be pursued if the person, through their acts or omissions, did not wilfully cause or contribute to the start or spread of a fire (Wildfire Act s.25, Wildfire Regulation s.29).
   
   Fire control cost recovery may also not be sought from holders of a valid (in effect) cost sharing or service agreements with the government if there was no failure to act in accordance with the agreement and the person did not directly or indirectly cause or contribute to the start or spread of the fire (Wildfire Regulation s.29).
8. Any escape of an open fire, including an escape from a prescribed area (e.g. a pile) are contraventions and the Province may seek administrative penalties, damages and fire control costs. The person continues to be under a statutory obligation to respond. (Wildfire Regulation, s. 29).
9. Annual Rent Regulation - Fire Preparedness Levy:  The Fire Preparedness Levy amounts are part of Column 2 of the Annual Rent Regulation.  For the purposes of this Policy, the Fire Preparedness levy rates are:
   
   *Community forest agreements – 12 ¢ per cubic metre
   *First nations woodland licence - 12 ¢ per cubic metre
   *Forest Licence - 12 ¢ per cubic metre
   *Timber license - 60 ¢ per hectare
   *Tree farm license - 12 ¢ per cubic metre
   *Woodlot license - 10 ¢ per cubic metre
   
   Note:  These levy rates are correct at the time of publishing, but may be subject to change.
   
10. Private land managed in association with a woodlot:  Based on the analysis used to calculate the levy rate for woodlots, the cost sharing applies to private land managed in association with a woodlot until further information can be gathered.
11. 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. 

Policy - Fire on Different Lands

12. Local Governments:  It is the responsibility of a local government to take fire control action, including initial attack, containment, control and mop up on fires that occur within a local government’s boundaries, jurisdiction or in the case of a Regional District, a Fire Protection Area.  At the request of a local government, the Province may enter on land to assist or carry out fire control within the local government’s boundaries or jurisdiction (Ministry of Forests and Range Act, s. 4(b); Wildfire Act s. 9 (2)).
13. The Province supporting a local government carrying out fire control:  The Province’s responsibilities associated with fire control activities in support of a fire department are covered under operating guidelines between the Province and the local governments, and cost recovery will not be pursued from the local government.  However, if it is determined that the local government was found to be wilful or negligent, then the Minister may pursue costs.
14. Contraventions while the Province is supporting a local government carrying out fire control activities:  In the event that a contravention is found against a person when the Province is assisting a local government, the Province maintains the right to recover costs incurred through the administrative process against the person. The Province has the right to apply fines and/or administrative penalties and/or proceed with charges against the person who is determined to be contravening the legislation, or seek relief through common law.
15. Private land:  Owners, occupants or leaseholders of private land may be billed for fire control costs if it is determined that the owner, occupier or leaseholder caused or contributed to the fire or the spread of the fire. (Wildfire Act s. 25, Wildfire Regulation s.31).
16. Treaty First Nations – Treaty Settlement Lands:  The Province’s fire control costs for a fire on Treaty Settlement Lands will be recovered in accordance with the Wildfire Suppression Agreement*.  If there is no valid Wildfire Suppression Agreement in place, then the Province may recover the cost of its fire control activities for fires originating on Treaty Settlement lands. (Wildfire Act s. 25(1), 27(1)(b)).   
    
    *Note that there are several unique circumstances where the agreement for fire control costs between the Treaty First Nation and WMB is found in the Treaty itself.
    
17. Indian Reserve lands:  The Province’s fire control costs for a fire on Indian Reserve Lands will be recovered in accordance with the agreement between the Government of Canada and the Province.
18. Leased Crown land or Occupied Crown land, including Licenses of Occupation:  All occupiers of Crown land, holders of a leasehold interest or occupiers of leased Crown land may be billed for the Province’s fire control costs for fires that they have caused or contributed to the spread of the fire (Wildfire Act s.25, Wildfire Regulation s.31).  
19. Vacant Crown land:  Users of vacant Crown land may be billed for the Province’s fire control costs for fires that they have caused or contributed to or the spread of the fire (Wildfire Act s.26, s. 27).  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.
20. Vacant Crown land - Exceptions:  The Province’s fire control costs may not be billed to the user of vacant Crown land if a person has not caused or contributed to the fire or spread of the fire, and if: a)  the person is a qualified holder or b)  the person holds a tenure issued under the British Columbia Timber Sales Program.
21. Fires started by insured or uninsured vehicles:  Cost recovery may be pursued for fires caused by any vehicle through the common law process. 

Policy - Compensation and Rehabilitation

22. The Province 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 the Province requisitions facilities, equipment or personnel by an order under section 16.
    
    The Province may pay compensation for fire control and rehabilitation to a person if the person voluntarily fights a fire (Wildfire Regulation, 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).
23. Compensation not payable:  Regardless of paragraph #22 above, 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).
24. Compensation to qualified holders: Fighting fires can be very expensive and Qualified Holders incur costs when they take voluntary or obligated fire control action.  In accordance with section 17 of the Wildfire Act, the Province may reimburse a qualified holder’s costs incurred for fire control activities prior to determining if the qualified holder caused the fire, contributed to the spread of the fire or contravened the legislation.  
25. Compensation to qualified holders –Pre-requisites:  This upfront compensation is generally paid to a qualified holder if:
    1. They reported the fire to the Province.  The report must include details of the response action being taken (Wildfire Act, s. 6).
    2. In the event the qualified holder requires the use of aircraft, the qualified holder may 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 MFLNRO Air Carrier Directory.  This is in addition to those aircraft associated with the qualified holder’s operation (e.g. helicopter logging).

26. The upfront costs and compensation for these qualified holders may be limited as in most cases the Province will assume fire control operations from the qualified holder within 48 hours.
27. Qualified holder required to repay compensation:  If compensation has already been paid and it is subsequently determined that the qualified holder caused the fire or contributed to the spread, compensation paid becomes a debt to government and is to be immediately repaid to government (Wildfire Act, s. 17(4.1)).
28. Local governments taking fire control action on Crown land:  Where Provincial Crown lands exist within a fire department's boundaries, and fire occurs and the fire department takes action, the fire department is entitled to compensation from the Province, provided that the action was approved by the appropriate Fire Centre.
29. Local governments taking fire control action outside of jurisdiction:  Where a fire department, takes pre-approved fire control action on a fire outside its jurisdiction, in areas where there is no local fire department protection, the fire department is entitled to compensation. This pre-approval process is facilitated through a phone call to the appropriate Regional Wildfire Coordination Officer, available 24 hours each day during fire season.  Please refer to the Wildfire Suppression with Local Governments Standard Operating Guideline SOG 1.06.01 dated January 12, 2012.
30. Compensation to Occupants of Leased Crown Land:  Occupants of leased crown land may be compensated for expenses incurred while fighting fires on Crown land outside of the lease area, provided that they did not cause or contribute to the spread of the fire (Wildfire Act s.17; Wildfire Regulation s.14, 15).
31. Compensation for users of vacant Crown land:  Users of vacant Crown land may be compensated for expenses incurred while fighting fires on Crown land, provided that they did not cause or contribute to the spread of the fire (Wildfire Act s. 17; Wildfire Regulation s. 14, 15).
32. Rehabilitation by the Province:  The Province may rehabilitate land damaged by fire control activities carried out in certain circumstances according to prescribed requirements.  (Wildfire Act, s. 9(6), Wildfire Regulation, s. 17).  Note that the Province is not responsible for damage caused by fire.
33. Rehabilitation by person carrying out industrial activity:  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 according to prescribed requirements. (Wildfire Act, s. 6(3), Wildfire Regulation s. 16).

References

• 2003 Glossary of Forest Fire Management Terms, CIFFC
• Annual Rent Regulation (Forest Act) ·
• BC Suppression Training Series
• British Columbia Forest Service Operating Guidelines for Industry to Suppress Wildfires
• Letter of Understanding May 2010 Between Ministry of Forests and Range, Wildfire Management Branch and Emergency Management British Columbia Wildland Urban Interface Response
• Ministry of Forests and Range Act, s. 4(b)
• Wildfire Act
• Wildfire Regulation
• Wildfire Suppression with Local Governments Standard Operating Guideline
• Wildfire Management Branch Interpretive Bulletins for Industry
• Worksafe BC, Occupational Health and Safety Regulation.

Policy 9.1 Appendix A - Table
Wildfire Act - Responsibilities, Billing, Compensation and Penalties

Printable Version