Compliance and Enforcement


MOF will have primary responsibility for compliance and enforcement activities on Range Act Agreement Areas. These activities will be carried out in a coordinated fashion according to rules and procedures that are applicable outside designated parks. MOF will conduct inspections for compliance with the terms and conditions of the Agreement and the Range Act as well as for range practices compliance with the FPC of BC Act.

BC Parks will report potential non-compliance information to MOF.


Inspection and Monitoring

ProcessAs a means of coordinating field inspection activities, district/local officials from the two ministries will meet periodically to:
  • review the MOF district inspection plans;
  • share copies of range use plans and park management plans that relate to Agreements as required; and
  • discuss other matters as necessary for the effective coordination of the two ministries' inspection and monitoring efforts.
MOF staff will conduct field inspections of the Agreement Areas in accordance with their inspection plans, policies and procedures.

Inspection and monitoring results will be communicated to the other ministry.

Reporting on Incidents of Noncompliance Staff of the ministries who, in the course of their duties, observe cases of potential noncompliance with the Range Act, FPC of BC Act or other legislation will report these cases to the other ministry within two working days. MOF staff will ensure procedures are followed for the incident in the Enforcement Action, Administrative Review and Appeals(ERA) system. When appropriate, MOF will provide BC Parks district or local management with periodic or as needed reports. The two ministries will work on using this or a similar or joined system for incident reporting.

All activities within the scope of this Protocol which have resulted in or could imminently result in serious environmental damage will be reported to the appropriate BC Parks office within eight hours or within a reasonable time frame. Such cases would not be limited to Agreement Areas . Also, while this Protocol deals primarily with the Range Act and FPC of BC Act, it is assumed that MOF staff will notify BC Parks of any known or suspected violation of the Park Act.

Initial Response to Noncompliance Incidents of suspected noncompliance will be documented by inspection staff according to established procedures.

Inspectors will, upon detection of serious environmental damage during an inspection:

  • collect all possible evidence;
  • take appropriate enforcement action; and
  • report to the appropriate enforcement agency.
In cases of serious environmental damage affecting the mandates of other ministries or agencies outside this Protocol, the ministry detecting the damage will be the lead agency in all referral and coordination efforts.

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Enforcement

Joint Consultation Regarding Enforcement Remedies In all cases of noncompliance with the potential for serious environmental damage involving both Ministries mandates, there will be full, joint consultation between district management BC Parks and MOF to ensure the most effective and appropriate remedy is imposed or action taken. Failure to reach agreement on this matter will be resolved in accordance with the disagreement resolution process.

While the disagreement resolution is in progress, the ministry(ies) investigating a noncompliance will continue to conduct the investigation according to policies and procedures.

Remediation Orders (Section 118, FPC of BC Act) A remediation order is issued by a Senior Official, and should be the result of a joint consultation between the MOF and BC Parks regarding remediation options. Remediation operations should avoid destroying evidence and making errors that might impede subsequent prosecution.

Though MOF will be the principal ministry for issuing these orders, in cases of imminent environmental damage it may be necessary for either ministry to invoke remediation orders without consultation. In such cases, the other ministry should be notified immediately or, if that is not possible, within eight hours or within a reasonable time frame. The Agreement holder responsible for a noncompliance will be required to follow the terms of the Order that may include a remediation plan. Where environmental damage has or is likely to occur outside of Agreement Areas but within a park as a result of an activity under the Agreement, BC Parks will take appropriate action and advise MOF.

Development of Policy and Procedures (Section 117-FPC of BC Act) Minister's policies respecting penalties and remediation orders applicable to these Agreement Areas will be referred to BC Parks (under Section 122 of the FPC of BC Act ).

Stop Work Orders (Section 123, FPC of BC Act) Designated Officials from either MOF or BC Parks may issue stop work orders in accordance with Section 123 of the FPC of BC Act. However normally BC Parks Designated Officials will limit stop work orders to appropriate cases of serious environmental damage only. Immediately following the application of a stop work order, the official will report the action and provide documentation to the other ministry. Where this is not possible, the action will be reported within eight hours or within a reasonable time frame. Other statutory requirements of notification will be conducted as required. Appropriate incident tracking systems will be used.

Range Act The MOF will be responsible for the application of all remedies available under the Range Act including suspension and cancellation of permits/licenses.

Resources and Logistics Staff from both ministries will coordinate activities with respect to enforcement on these Agreement Areas and will share in the use of equipment where possible.

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