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[Link to Table of Legislative Changes which shows
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FOREST PRACTICES CODE OF BRITISH COLUMBIA — Continued
[RSBC 1996] CHAPTER 159
Part 6 — Compliance and Enforcement
107 to 117 [Repealed 2003-55-92.]
117.1 [Not in force.]
117.2 [Repealed 2003-55-92.]
117.3 [Not in force.]
118 to 119.1, 120 to 125 [Repealed 2003-55-92.]
Division 4 — Administrative Review and Appeals
125.1, 126 to 130 [Repealed 2003-55-92.]
130.1 Part 6 of the Forest and Range Practices Act applies to this Act and the regulations under this Act, unless the context indicates otherwise.
131 (1) To initiate an appeal under section 82 or 83 of the Forest and Range Practices Act, the person referred to in section 82 (1) of that Act, or the board under section 83 (1) of that Act, no later than 3 weeks after the latest to occur of
(a) the original decision,
(b) any correction under section 79 of that Act, and
(c) any review under section 80 or 81 of that Act,
must deliver to the commission
(d) a notice of appeal,
(e) a copy of the original decision, and
(f) a copy of any decision respecting a correction or review.
(2) [Repealed 2003-55-94.]
(3) The person or board bringing the appeal must ensure the notice of appeal given under subsection (1) complies with the content requirements of the regulations.
(4) Before or after the time limit in subsection (1) expires, the chair or a member of the commission may extend it.
(5) If the person or the board does not deliver the notice of appeal within the time specified, the person or board loses the right to an appeal.
(6) On receipt of the notice of appeal, the commission must, in accordance with the regulations, give a copy of the notice of appeal to the ministers and
(a) to the board, if the notice was delivered
(i) by the person who is the subject of the determination, or
(ii) for an appeal of a failure to make a determination, by the person who would be the subject of a determination, if made,
(b) to the person who is the subject of the determination, if the notice was delivered by the board, or
(c) for an appeal of a failure to make a determination, to the person who would be the subject of a determination, if made, if the board delivered the notice.
(7) The government, the board, if it so requests, and the person who is the subject of the determination or would be the subject of a determination, if made, are parties to the appeal.
(8) At any stage of an appeal the commission or a member of it may direct that a person who may be affected by the appeal be added as a party to the appeal.
(9) After a notice of appeal is delivered under subsection (1), the parties must disclose the facts and law on which they will rely at the appeal, if required by the regulations and in accordance with the regulations.
(10) The commission, after receiving a notice of appeal, must
(a) promptly give the parties to an appeal a hearing, or
(b) hold a hearing within the prescribed period, if any.
(11) Despite subsection (10), if the commission determines that the notice of appeal does not comply with the content requirements of the regulations, or that there was a failure to disclose facts or law under subsection (9) or (14), the commission need not hold a hearing within the prescribed period referred to in subsection (10), but must hold a hearing within the prescribed period after a notice of appeal that does comply with the content requirements of the regulations is delivered to the commission, or the facts and law are disclosed as required under subsection (9) or (14).
(12) A party may
(a) be represented by counsel,
(b) present evidence, including but not limited to evidence that was not presented in the review under section 129,
(c) if there is an oral hearing, ask questions, and
(d) make submissions as to facts, law and jurisdiction.
(13) The commission may invite or permit a person to take part in a hearing as an intervenor.
(14) An intervenor may take part in a hearing to the extent permitted by the commission and must disclose the facts and law on which the intervenor will rely at the appeal, if required by the regulations and in accordance with the regulations.
(15) A person who gives oral evidence may be questioned by the commission or the parties to the appeal.
131.1 [Repealed 2003-55-95.]
132 (1) The commission or a member of it may order the parties to deliver written submissions.
(2) If the party that initiated the appeal fails to deliver a written submission ordered under subsection (1) within the time specified in the order, the commission may dismiss the appeal.
(3) The commission must ensure that every party to the appeal has the opportunity to review written submissions from the other parties and an opportunity to rebut the written submissions.
133 The commission or a member of it may make an interim order in an appeal.
134 Hearings of the commission must be open to the public.
135 The commission or a member of it has the same power as the Supreme Court has for the trial of civil actions
(a) to summon and enforce the attendance of witnesses,
(b) to compel witnesses to give evidence on oath or in any other manner, and
(c) to compel witnesses to produce records and things.
136 The failure or refusal of a person
(a) to attend,
(b) to take an oath,
(c) to answer questions, or
(d) to produce the records or things in his or her custody or possession,
makes the person, on application to the Supreme Court, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.
137 (1) The commission may admit as evidence in an appeal, whether or not given or proven under oath or admissible as evidence in a court,
(a) any oral testimony, or
(b) any record or other thing
relevant to the subject matter of the appeal and may act on the evidence.
(2) Nothing is admissible in evidence before the commission or a member of it that is inadmissible in a court by reason of a privilege under the law of evidence.
(3) Subsection (1) does not override an Act expressly limiting the extent to or purposes for which evidence may be admitted or used in any proceeding.
(4) The commission may retain, call and hear an expert witness.
138 [Repealed 2003-55-95.]
139 (1) The commission must make a decision promptly after the hearing, and must give copies of the decision to the ministers, the parties and any intervenors.
(2) On the request of any of the ministers or a party, the commission must provide written reasons for the decision.
(3) The commission must make a decision within the prescribed period, if any.
140 If it appears that a person has failed to comply with an order or decision of the commission or a member of it, the commission or a party may apply to the Supreme Court for an order
(a) directing the person to comply with the order or decision, and
(b) directing the directors and officers of the person to cause the person to comply with the order or decision.
141 (1) The minister or a party to the appeal, within 3 weeks after being served with the decision of the commission, may appeal the decision of the commission to the Supreme Court on a question of law or jurisdiction.
(2) On an appeal under subsection (1), a judge of the Supreme Court, on terms he or she considers appropriate, may order that the decision or order of the commission be stayed in whole or in part.
(3) An appeal from a decision of the Supreme Court lies to the Court of Appeal with leave of a justice of the Court of Appeal.
Division 5 — Offences and Court Orders
142 (1) The time limit for laying an information respecting an offence under this Act or the regulations is 3 years after the facts on which the information is based first came to the knowledge of a district manager, regional manager or chief forester.
(2) A document purporting to have been issued by the district manager, regional manager or chief forester, certifying the day on which he or she became aware of the facts on which an information is based, is admissible without proof of the signature or official character of the individual appearing to have signed the document and, in the absence of evidence to the contrary, is proof of the matter certified.
143 [Repealed 2003-55-96.]
143.1 (1) A person who intentionally or recklessly causes damage to Crown forest land by starting a fire in contravention of section 76 (1) or 87 (1) commits an offence and is liable on conviction to a fine not exceeding $1 000 000, or to imprisonment for not more than 3 years, or to both.
(2) A person who contravenes section 76 (1), 87, 88 (2) or 92 (1) commits an offence and is liable on conviction to a fine not exceeding $500 000, or to imprisonment for not more than 2 years, or to both.
(3) A person who contravenes section 80 or 91 commits an offence and is liable on conviction to a fine not exceeding $100 000, or to imprisonment for not more than one year, or to both.
(4) A person who contravenes section 79 (1), 84 (2) or (4), 85 (2) or 86 commits an offence and is liable on conviction to a fine not exceeding $5 000 or to imprisonment for not more than 6 months, or to both.
(5) The maximum fine to which a person is liable on a second or subsequent conviction for the same offence under subsections (1) to (4) is double the amount set out in those subsections.
(6) The Lieutenant Governor in Council may, by regulation, provide that
(a) a contravention of a regulation or standard is an offence, and
(b) a person convicted of an offence for a contravention of a regulation or standard is liable to a fine not exceeding a maximum amount, or to imprisonment not exceeding a maximum period, or to both.
(7) If the maximum fine or imprisonment provided by a regulation under subsection (6) (b) is less than that provided by a provision of this Act, the regulation prevails.
144 and 145 [Repealed 2003-55-98.]
146 (1) A proceeding, conviction or penalty for an offence under this Act does not relieve a person from any other liability.
(2) The provisions of this Part are in addition to the provisions of any other enactment or rule of law under which
(a) a remedy or right of appeal or objection is provided, or
(b) a procedure is provided for inquiry into or investigation of a matter,
and nothing in this Act limits or affects that remedy, right, objection or procedure.
(3) Nothing in this section prevents a court that is determining the amount of a fine from taking into consideration the payment of an administrative penalty.
147 [Repealed 2003-55-98.]
148 If a person is convicted of an offence under this Act or the regulations, then, in addition to any punishment the court may impose, the court may order the person to comply with the provisions of this Act.
149 If a person is convicted of an offence under this Act or the regulations, then, in addition to any other penalty, the court may order the person to pay compensation or make restitution.
150 to 153 [Repealed 2003-55-98.]
154 A person contravenes the Act who
(a) without lawful excuse, intentionally interferes with,
(b) without lawful excuse, intentionally fails to comply with a lawful requirement of, or
(c) intentionally makes a false statement to or misleads or attempts to mislead,
another person who is
(d) employed under the Public Service Act, a member of the board, commission or council, if any, or a person retained under section 191 (2), and
(e) exercising a power or duty under this Act, the regulations or the standards.
155 If a person is convicted of an offence under this Act or the regulations, then in addition to any other punishment that may be imposed, the court may, by order, do one or more of the following:
(a) prohibit the person from doing anything that may result in the continuation or repetition of the offence or contravention;
(b) direct the person to take any action the court considers appropriate to remedy or avoid any harm to the environment that results or may result from the act or omission that constituted the offence;
(c) direct the person to publish, at the person's own cost, the facts relating to the conviction;
(d) direct the person to compensate the minister, in whole or in part, for the cost of any remedial or preventative action taken by or caused to be taken on behalf of the ministry as a result of the act or omission that constituted the offence;
(e) direct the person to pay court costs;
(f) direct the person to pay the costs of the investigation.
156 (1) The court that convicts a person of an offence under this Act may increase a fine imposed on the person by an amount equal to the court's estimation of the amount of the monetary benefit acquired by or that accrued to the person as a result of the commission of the offence.
(2) A fine under subsection (1)
(a) applies despite any provision that provides for a maximum fine, and
(b) is in addition to any other fine under this Act.
157 (1) In a prosecution for an offence under this Act or the regulations, it is sufficient proof of the offence to establish that it was committed by the defendant's employee, agent or contractor.
(2) It is a defence to a prosecution under subsection (1) if the defendant establishes that the defendant exercised due diligence to prevent the commission of the offence.
(3) This section applies even if the employee, agent or contractor has not been identified or prosecuted for the offence.
157.1 Due diligence, mistake of fact and officially induced error are defences to a prosecution under this Act.
158 If a corporation commits an offence under this Act or the regulations by contravening this Act, a regulation or a standard, a director or officer of the corporation who authorized, permitted or acquiesced in the offence also commits the offence.
159 Section 5 of the Offence Act does not apply to this Act, the regulations or the standards.
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Copyright (c) 2004: Queen’s Printer, Victoria, British Columbia, Canada