BC Parks will report potential non-compliance information to MOF.
|Process||As a means
of coordinating field inspection activities, district/local officials
from the two ministries will meet
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
according to established procedures.
Inspectors will, upon detection of serious environmental damage during an inspection:
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|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
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.
should avoid destroying evidence and making errors that might impede
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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