In this Act:
board means the Forest Practices Board continued under section 136 of the Forest and Range Practices Act;
commission has the same meaning as in the Forest and Range Practices Act;
forest land includes land that previously supported trees and is not in other use, but does not include land excluded from this definition by regulation;
free growing stand has the same meaning as in the Forest and Range Practices Act;
grass land includes land that but does not include land excluded from this definition by regulation;
previously supported grass and is not in other use, or
is in use for the production of forage or is lying fallow, having previously been used for the production of forage,
industrial activity includes but does not include activities excluded from this definition by regulation;
land clearing, and
other activities included in this definition by regulation,
local government means
the City of Vancouver,
a municipality,
a regional district,
an improvement district,
a water improvement district, or
a prescribed organization;
official means a person
employed in the ministry of the minister responsible for the administration of this Act, who is designated by name or title to be an official by the minister for the purpose of a provision of this Act or of the regulations that is specified in the designation,
employed in the British Columbia Energy Regulator and designated, by the commissioner as defined in section 1 (2) of the Energy Resource Activities Act, by name or title to be an official for the purpose of a provision of this Act or of the regulations that is specified in the designation, or
who is a conservation officer designated by the minister responsible for the Environmental Management Act, by name or title to be an official for the purpose of a provision of this Act or of the regulations that is specified in the designation;
private land means land other than Crown land.
Forest and Range Protection Requirements
A person, other than a person acting in accordance with section 5 (2) or 6 (3), who sees an open fire that is burning in forest land or grass land or within 1 km of forest land or grass land and that appears to be burning unattended or uncontrolled must immediately report the fire
to an official employed in the ministry,
to a peace officer, or
by calling a fire emergency response telephone number.
Except for the purpose of starting a fire in accordance with this Act or another enactment, a person must not start or risk starting an open fire in forest land or grass land, or within 1 km of forest land or grass land, by dropping, releasing or mishandling
a burning substance, or
any other thing that the person reasonably ought to know is likely to cause a fire.
A person who does not comply with subsection (1) must immediately extinguish, if practicable,
the burning substance, and
any fire that results from dropping, releasing or mishandling the burning substance or the other thing, as the case may be.
the City of Vancouver, or
a municipality that is not a prescribed municipality referred to in subsection (2).
Sections 5 and 6 apply to all areas inside the boundaries of a prescribed municipality, or of a local government that is a local government under paragraphs (c) to (f) of the definition of "local government" in section 1, except the areas in respect of which the municipality or the local government has a bylaw that
relates to the lighting, fuelling or use of open fires in the area, and
meets prescribed criteria.
Except in prescribed circumstances, a person, other than a person carrying out an industrial activity, must not light, fuel or use an open fire in forest land or grass land or within 1 km of forest land or grass land.
A person who does not comply with subsection (1) must
immediately carry out fire control and extinguish the fire, if practicable, and
as soon as practicable, report the open fire as described in section 2.
Except in prescribed circumstances, a person carrying out an industrial activity must not light, fuel or use an open fire in forest land or grass land or within 1 km of forest land or grass land.
A person who carries out an industrial activity must do so that can reasonably be expected to prevent fires from starting because of the industrial activity.
at a time, and
in a manner
immediately carry out fire control and extinguish the fire, if practicable,
continue with fire control for the fire until
the fire is extinguished,
it becomes impracticable to continue with fire control, or
an official relieves the person in writing from continuing,
as soon as practicable, report the fire as described in section 2, and
in accordance with prescribed requirements, rehabilitate the land damaged by fire control carried out by the person.
In prescribed circumstances and at prescribed intervals, a person carrying out an industrial activity or a prescribed activity on forest land or grass land or within 1 km of forest land or grass land must conduct fire hazard assessments.
A person, other than a person who is in a prescribed class of persons referred to in subsection (2.1), carrying out an industrial activity or a prescribed activity, must, within a prescribed time period and to the prescribed extent, abate a fire hazard of which the person is aware or ought reasonably to be aware.
A person who is in a prescribed class of persons must, within the prescribed time period and to the prescribed extent, abate a fire hazard on a prescribed area.
an industrial activity, or
A person who is the subject of an order under subsection (3) and to whom written notice of the order has been given must comply with the order.
Authority of Government for Fire Prevention and Fire Control
The minister may establish policies and priorities for the efficient use of fire control resources of the government.
The government may enter on any land and carry out fire control if an official considers that a fire on or near the land endangers life or threatens forest land or grass land.
At the request of a local government, the government may enter on land and carry out fire control within the local government's boundaries or jurisdiction.
After carrying out fire control under subsection (1), the government may remain on that land or re-enter the land for the purposes of investigating the cause of a fire, rehabilitating the land or for other prescribed purposes.
If the government enters on private land to carry out fire control on other land, the government must compensate the owner of the private land and any tenant of the private land for damage caused to the private land by the government in carrying out the fire control.
If the government enters on private land to carry out fire control on that land, the government, in prescribed circumstances, must compensate the owner of the private land and any tenant of the private land for damage caused to the private land by the government in carrying out the fire control.
In accordance with prescribed requirements, the government may rehabilitate land damaged by fire control carried out under this section.
The following may act on behalf of the government under this section if authorized by the minister:
an independent contractor of the government;
a person from another jurisdiction acting under a mutual aid arrangement, as defined in section 66.1;
an individual employed or retained by or acting voluntarily for a local government fire department that is acting under an arrangement with the government;
the Canadian Forces;
a prescribed organization acting under an arrangement with the government.
Despite a regulation enacting the prescribed circumstances referred to in section 5 (1) or 6 (1) in which an open fire may be lit, fuelled or used, if an official considers it necessary or desirable to limit the risk of a fire or to address a public safety concern, the official, by order for a specified area, may
restrict or prohibit the lighting, fuelling or use of an open fire, or
require all persons lighting, fuelling or using one or more open fires in the area to cease doing so and to extinguish the open fire or fires.
A restriction or requirement under this section may be different for different
types, categories or subcategories of open fires,
categories of persons, places or things, or
circumstances.
A person must not carry out an activity that is the subject of a restriction or prohibition under subsection (1) (a).
Each of the persons that is the subject of an order under subsection (1) (b) must comply with the order.
If the minister considers it necessary or desirable to limit the risk of a fire, to address a public safety concern or to avoid interference with fire control, the minister by order may designate a specified area as a restricted area for a specified period.
During the specified period under an order under this section, a person must not remain in or enter the area designated by the order as a restricted area, unless the person
first receives the written authorization of an official, or
enters the area only in the course of
travelling to or from his or her residence,
using a highway as defined in the Transportation Act, or
travelling to or from of a type that the minister may specify in the order.
an operation, or
an activity
types, categories or subcategories of operations or activities,
categories of persons, places or things, or
circumstances.
For the period during which an area continues as a restricted area under this section, a person is relieved from any fire control obligation for that area.
The minister by order may prohibit or restrict in a specified area and for a specified period, if the minister considers that the activities or the use are likely to cause or contribute to the spread of a fire.
the activities that may be carried out, or
the equipment, materials or substances that may be used
A person must not in contravention of an order made under subsection (1).
carry out any activities, or
use any equipment, materials or substances
An order under subsection (1) may be different for different
types, categories or subcategories of activities, equipment, materials or substances,
categories of persons, places or things, or
circumstances.
For the period during which an activity continues as a restricted activity under this section, the minister may exempt a person in writing from an order made under subsection (1) or from any fire control obligation for that area.
If the government is engaged in fire control, an official by order may require all persons in an area specified by the official to leave the area.
Each of the persons that is the subject of an order under subsection (1) must comply with the order.
An order under subsection (1) may be different for different categories of persons.
posted in or near the specified area,
published in or near the area in a manner that the official giving the notice considers will come to the attention of persons in or near the specified area, or
broadcast in a manner that the official giving the notice considers will come to the attention of persons in or near the specified area.
An official may hire temporary employees for the purposes of carrying out fire control or other activities under this Act.
The Public Service Act does not apply to a person hired as a temporary employee.
The government must pay remuneration as prescribed to a temporary employee.
An official may authorize a temporary employee in writing to exercise within specified limits the powers conferred on that official under this Act.
For the purposes of carrying out fire control, an official may
order a person to
provide facilities and equipment, that the person owns or has use of, to be used under an official's direction,
assign an employee of the person to carry out fire control, under an official's direction, and
pay the employee his or her usual wages while the employee is acting under an official's direction, or
order a person who is 19 years of age or older to assist in fire control if the person
is physically capable of doing so, and
is trained to carry out fire control or has skills that can be used in doing so.
A person who is the subject of an order under subsection (1), and to whom written notice of the order has been given, must comply with the order.
carries out fire control under an obligation imposed under section 6, or
complies with an order under section 16.
Compensation is not payable under this section to a person in respect of a fire on private land that the person owns, rents or leases or on Crown land leased by the person from the government.
Either before or after compensation is paid under subsection (1) or (2), the minister, after giving a person referred to in subsection (1) or (2) an opportunity to be heard, may by order determine that the person, or a person acting on the person's behalf, caused or contributed to a fire or to the spread of a fire.
If the minister determines by order under subsection (3.1) that a person or a person acting on the person's behalf caused or contributed to a fire or to the spread of a fire and the government has already paid compensation to that person under subsection (1) or (2), the person must repay to the government the amount paid by the government.
The minister must give written notice of an order made under subsection (3.1) to the person who is the subject of the order, accompanied by a copy of the order and informing the person of the following:
the reasons for the order;
the person's liability under section 130 of the Forest Act to pay to the government the amount described under subparagraph (i) of this paragraph;
The minister may cause fire on, or allow fire to be introduced onto, Crown land, other than Crown land leased from the government, for the purpose of
reducing the likelihood of unwanted fire on the area,
increasing public safety,
enhancing forest land resources and values,
enhancing grass land resources and values, or
meeting other government objectives.
In this section, Indigenous peoples has the same meaning as in the Declaration on the Rights of Indigenous Peoples Act.
lighting, fuelling or using a fire for any purpose, including, without limitation, a purpose identified by an Indigenous people, and
carrying out any other activities in respect of the fire.
The government may not assist a person or entity with carrying out activities under subsection (2) if the person or entity is prohibited by law from
carrying out the activities, or
being on the land where the activities are carried out.
Administrative Remedies and Cost Recovery
[Repealed 2023-43-169.]
Rights of Entry, Inspection, Examination and Analysis
For any purpose related to the administration or enforcement of this Act or the regulations, an official may enter, at any reasonable time, if the official has reasonable grounds to believe that the land or premises is or has been the site of a fire or an industrial activity that may have caused or contributed to a fire.
on land that is forest land or grass land or is within 1 km of forest land or grass land, or
any premises on the land, other than a dwelling or a room being used as a dwelling,
At any reasonable time, an official may enter on land that is forest land or grass land, or is within 1 km of forest land or grass land, to inspect for fire hazards if the official has reasonable grounds to believe that an activity is being carried out or a condition exists on the land that might cause or produce a fire hazard.
An official who enters on land or premises under this section
may inspect anything or any activity that is reasonably related to the purpose of the inspection, and
may require production, for the purposes of inspection, examination, analysis or copying, of
an operational plan as defined in section 1 of the Forest and Range Practices Act, a licence or a permit that is required for the activity, or
a record required to be kept under this Act.
A justice of the peace may issue a warrant under section 21 or 22 of the Offence Act to an official to enter land, premises or both and search for and seize evidence of a contravention of this Act or the regulations.
The Offence Act applies to the search and seizure.
An official or peace officer, who has reasonable grounds to believe that there is anything that is in or on a vehicle or vessel and is relevant to a contravention by any person of this Act or the regulations, may
require the person operating the vehicle or vessel to stop the vehicle or vessel, and
carry out an inspection of the vehicle or vessel.
A person must not obstruct an official in the lawful exercise of a power or duty under this Act.
The operator of a vehicle or vessel must stop the vehicle or vessel when required to do so by an official or by a peace officer if the official or peace officer
is in uniform,
displays his or her official identification, or
is in or near a vehicle or vessel that is readily identifiable as a government vehicle or vessel.
A person who must produce, if and as required by the official,
has apparent possession of land or premises that are the subject of an entry by an official in accordance with section 19,
has apparent custody or control of any record or thing inspected under section 19,
is in charge of an activity that is being inspected under section 19, or
is operating a vehicle or vessel that is stopped under section 21,
proof of identity, and
An official who under this Division enters onto land or premises, conducts an inspection, stops a vehicle or vessel, requests records or seizes goods must provide proof of identity at the request of the person who
is in possession or apparent possession of the land or premises,
has apparent custody or control of the records or property being inspected,
is in charge of the activity being inspected, or
is operating a vehicle or vessel stopped under section 21.
An official exercising powers or duties under this Part may be accompanied by a peace officer.
Cost Recovery and Administrative Remedies
Before making one of the following orders, the minister must give written notice of the proposed order, and an opportunity to be heard, to the person who is the subject of the proposed order:
an order under section 25 (2) in respect of a person who the minister alleges has caused or contributed to a fire or the spread of a fire;
an order under section 28 (3) in respect of a person who the minister alleges has not complied with an order under subsection (1) of that section.
Notice under subsection (1) must not be given more than 3 years after
the date on which the facts that led to the minister's allegation first came to the knowledge of an official, in the case of a proposed order under section 25 (2), 26, 27 (1) or 28 (1), or
the date specified under section 28 (2) (b) (iii), in the case of a proposed order under section 28 (3).
The minister by order may extend the 3-year period referred to in subsection (2) by up to 18 months, to a maximum total period of 4 years and 6 months.
A document purporting to have been issued by an official, certifying the date on which the facts referred to in subsection (2) (a) first came to the knowledge of an official,
is admissible in an appeal under section 39 from the order, 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.
After the government has carried out, for a fire on Crown land or private land, fire control authorized under section 9, the minister may
determine the amount of the government's costs of doing so, calculated in the prescribed manner,
determine the amount that is equal to the dollar value of any of the government damaged or destroyed as a direct or indirect result, of the fire, calculated in the prescribed manner, and
Crown timber,
other forest land resources,
grass land resources, and
other property
determine the costs
that have been or will be incurred by the government in re-establishing a free growing stand as a direct or indirect result of the fire, and
that have been incurred by the government for silviculture treatments that were rendered ineffective as a direct or indirect result of the fire.
is a holder of a leasehold interest, under a lease in a prescribed category of leases from the government, of the Crown land on which a fire referred to in subsection (1) originated,
is an occupier of Crown land that is subject to a lease referred to in paragraph (a) who occupies the Crown land with the permission of the holder of the lease, or
is an owner of the private land on which a fire referred to in subsection (1) originated or is a holder of a leasehold interest in that private land, or is an occupier of that private land with the permission of the owner or holder.
The minister must not make an order under subsection (2) unless the minister determines that the person caused or contributed to the fire or the spread of the fire.
The minister must
give a copy of an order made under subsection (2) to the person who is the subject of the order, and
inform the person of the following:
the amounts payable by the person to the government under the order and the person's liability under section 130 of the Forest Act to pay that amount;
the reasons for the order;
The minister by order may determine that a person has contravened a provision of this Act or the regulations.
If the minister determines by order under section 26 that the person has contravened a provision, the minister by order
may levy an administrative penalty against the person in an amount that does not exceed a prescribed amount,
may determine the amount of the government's costs of fire control under section 9 for a fire that resulted, directly or indirectly, from the contravention, calculated in the prescribed manner,
may determine the amount that is equal to the dollar value of any of the government damaged or destroyed as a result, directly or indirectly, of the contravention, calculated in the prescribed manner,
Crown timber,
other forest land resources,
grass land resources, and
other property
may determine the costs
that have been or will be incurred by the government in re-establishing a free growing stand as a direct or indirect result of the contravention, and
that have been incurred by the government for silviculture treatments that were rendered ineffective as a direct or indirect result of the contravention, and
The minister must
give a copy of the order made under subsection (1) to the person who is the subject of the order,
give the person a copy of the order made under section 26, and
inform the person of the following:
the amount of any administrative penalty levied against the person by an order under subsection (1) (a) of this section and of the person's liability under section 130 of the Forest Act to pay that amount;
the provision contravened and the reasons for the order or orders;
the amount of any costs of the government determined under subsection (1) (b) of this section, itemized particulars of those costs and the person's liability under section 130 of the Forest Act to pay that amount;
any amount determined under subsection (1) (c) of this section, itemized particulars of that amount and the person's liability under section 130 of the Forest Act to pay that amount;
any costs determined under subsection (1) (c.1) of this section, itemized particulars of those costs and the person's liability under section 130 of the Forest Act to pay those costs;
Before the minister levies an administrative penalty under subsection (1), he or she must consider
previous contraventions of a similar nature by the person,
the gravity and magnitude of the contravention,
whether the contravention was repeated or continuous,
whether the contravention was deliberate,
any economic benefit derived by the person from the contravention, and
the person's cooperativeness and efforts to correct the contravention.
If the minister determines by order under section 26 that a person has contravened a provision of this Act or the regulations, the minister may order the person to do work, at the person's own expense, that is reasonably necessary to remedy the contravention and to repair any damage caused by the contravention.
If the minister makes an order under subsection (1), the minister must
give a copy of the order to the person who is the subject of the order, and
inform the person of the following:
the provision contravened;
the work to be done to remedy the contravention;
the date by which the work must be completed;
the right of the minister under subsection (3) (b) to carry out the work;
the right of the minister under subsection (3) (d) to levy an administrative penalty for the contravention.
by order restrict or prohibit the person from carrying out the work referred to in the order;
carry out the work;
by order require the person to pay to the government the amount of all direct and indirect costs the minister determines were reasonably incurred in carrying out the work referred to in paragraph (b);
by order levy an administrative penalty not exceeding an amount that is the sum of the costs referred to in paragraph (c);
If the minister makes an order under subsection (3) (a) or (c), the minister must
give a copy of the order to the person who is the subject of the order,
inform the person of the following:
the restrictions or the prohibition under an order under subsection (3) (a);
the completion of the work carried out under subsection (3) (b);
the amount payable by the person to the government under an order under subsection (3) (c) of this section and the person's liability under section 130 of the Forest Act to pay that amount, and
give the person a copy of the accounting of the expenditures relating to the work.
If the minister makes an order under subsection (3) (d), the minister must
give a copy of the order to the person who is the subject of the order, and
inform the person of the following:
the amount of the administrative penalty and the person's liability under section 130 of the Forest Act to pay that amount;
the reasons for the administrative penalty;
The person immediately must replace security realized under subsection (3) (e).
The minister must refund to the person any surplus of funds remaining from the realization of a security under subsection (3) (e), after payment of
the amount of the costs referred to in subsection (3) (c), and
any administrative penalty levied under subsection (3) (d).
If a person who receives an order under subsection (1) and the order is rescinded on review or appeal, then, to the extent provided in the regulations, the excess expenses of the work are to be paid by the government.
carries out work specified in the order, and
incurs expenses in excess of the expenses that the person would have incurred if the order had not been made,
For the purposes of an order of the minister under section 26, a person may not be determined to have contravened a provision of this Act or the regulations if the person establishes that
the person exercised due diligence to prevent the contravention,
the person reasonably believed in the existence of facts that if true would establish that the person did not contravene the provision, or
the person's actions relevant to the provision were the result of an officially induced error.
Subject to section 29, if a person's contractor, employee or agent contravenes a provision of this Act or the regulations in the course of carrying out the contract, employment or agency, the person also contravenes the provision.
If a corporation contravenes a provision of this Act or the regulations, a director or an officer of the corporation who authorized, permitted or acquiesced in the contravention also contravenes the provision.
Despite section 130 (1) (a) of the Forest Act, if the penalty or charge is due and payable on the date a stay under section 36 ceases to apply.
an order under this Act imposes an administrative penalty or other charge against a person, and
All revenue derived from administrative penalties levied under this Act must be paid to the credit of the Environmental Remediation Sub-account of the Forest Stand Management Fund special account established by the Special Accounts Appropriation and Control Act.
[Repealed 2025-7-6.]
If an official has reasonable grounds to believe that a person is contravening a provision of this Act or the regulations, the official may order that the contravention stop, or stop to the extent specified by the order.
Section 66 (2) to (6) of the Forest and Range Practices Act apply for the purposes of this section, except that, for those purposes,
Corrections, Reviews and Appeals
Within 15 days after an order may correct
under section 17 (3.1), 25, 26, 27 or 28, the minister, or
under section 7 (3) or 34, the official who made the order
a typographical, an arithmetical or another similar error in the order, or
an obvious error or omission in the order.
The correction does not take effect until the date on which the person who is the subject of the order is notified of it under subsection (4).
The discretion conferred under subsection (1)
is to be exercised in the same manner as the order affected by it, and
is exercisable with or without a hearing and
on the initiative of the minister or official who made the order, or
at the request of the person who is the subject of the order.
The person who is the subject of an order corrected under this section must be notified in writing of the correction.
Subject to subsection (2), at the request of a person who is the subject of an order under section 7 (3), 17 (3.1), 25, 26, 27, 28 (1) or (3) (d) or 34, the person who made the order, or another person employed in the ministry and designated in writing by the minister, must review the order, but only if satisfied that there is evidence that was not available at the time of the original order.
On a review referred to in subsection (1), only may be considered.
evidence that was not available at the time of the original order, and
the record pertaining to the original order
To obtain a review referred to in subsection (1), the person who is the subject of the order must request the review not later than 3 weeks after the date the notice of order was given to the person.
The minister may extend the time limit in subsection (3) before or after the time limit's expiry.
The person conducting a review referred to in subsection (1) has the same discretion to make a decision that the original decision maker had at the time of the original order.
If the board first receives the consent of the person who is the subject of an order referred to in section 37 (1), the board may require a review of the order by the person who made the order, or another person employed in the ministry and designated in writing by the minister.
To obtain a review of an order under subsection (1), the board must require the review not later than 3 weeks after the date the notice of the order was given to the person who is the subject of the order.
The minister may extend the time limit for requiring a review under this section before or after the time limit's expiry.
The person conducting the review has the same discretion to make a decision that the original decision maker had at the time of the order under review.
The person who is the subject of an order referred to in section 37 (1) may appeal to the commission from either of the following, but not both:
the order;
a decision made after completion of a review of the order.
[Repealed 2015-10-194.]
The board may appeal to the commission from either of the following, but not both:
an order referred to in section 37;
a decision made after completion of a review of the order.
[Repealed 2015-10-194.]
Part 8.1 of the Forest and Range Practices Act applies to an appeal under this Act.
In addition to the provisions of the Administrative Tribunals Act incorporated under Part 8.1 of the Forest and Range Practices Act, section 33 of the Administrative Tribunals Act applies to an appeal under this Act.
The board has standing to be a party, if it so requests, to an appeal under this Act.
consider the findings of the decision maker who made the order, and
either
confirm, vary or rescind the order, or
with or without directions, refer the matter back to the decision maker who made the order, for reconsideration.
[Repealed 2015-10-196.]
After the period to request an appeal to the Supreme Court under the Forest and Range Practices Act has passed, the minister may file a certified copy of the decision of the commission with the Supreme Court.
A certified copy of a decision filed under subsection (3) has the same force and effect as an order of the court for the recovery of a debt in the amount stated in the decision, against the person named in the decision, and all proceedings may be taken as if the decision were an order of the court.
Offences, Court Orders and Proceedings
Limitation Period and Offences
The time limit for laying an information respecting an offence under this Act is 3 years after the facts on which the information is based first came to the knowledge of an official.
A document, purporting to have been issued by an official referred to in subsection (1), certifying the date on which the facts referred to in that subsection first came to the knowledge of the official,
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 in the document.
A person who intentionally or recklessly causes damage to Crown forest land or Crown grass land by starting a fire in contravention of section 3 (1), 5 (1) or 6 (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.
A person who contravenes section 3 (1) or (2), 5 (1) or (2) or 6 (1), (2) or (3) (a), (b) or (c) 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.
A person who contravenes section 7 (2), (2.1) or (4), 10 (3) or (4), 12 (2), 16 (2), 22 (1) or (2), 34 (3), 56 or 57 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.
The Lieutenant Governor in Council may provide by regulation that
a contravention of a regulation is an offence, and
a person convicted of an offence for a contravention of a regulation is liable to a fine not exceeding a maximum amount, or to imprisonment not exceeding a maximum length, or to both.
If the maximum fine or imprisonment that is provided by a regulation under subsection (5) (b) is less than that provided by a provision of this Act, the regulation prevails.
If a corporation commits an offence under this Act, a director or officer of the corporation who authorized, permitted or acquiesced in the offence also commits the offence.
Section 5 of the Offence Act does not apply to this Act or the regulations.
Court Orders
If a person is convicted of an offence under this Act, then in addition to any other punishment that may be imposed, the court by order may do one or more of the following:
prohibit the person from doing anything that may result in the continuation or repetition of the offence;
direct the person to comply with the provision contravened;
direct the person to pay compensation or make restitution;
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;
direct the person to publish, at the person's own cost, the facts relating to the conviction;
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;
direct the person to pay court costs;
direct the person to pay the costs of the investigation.
If the minister considers that a person is not complying, or has not complied, with an order made under this Act, the minister may apply to the Supreme Court for either or both of the following:
an order directing the person to comply with the order or restraining the person from violating the order;
an order directing the directors and officers of the person to cause the person to comply with or to cease violating the order.
On application by the minister under this section, the Supreme Court may make an order it considers appropriate.
Provisions in Relation to Offences, Liabilities and Proceedings
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 that was acquired by or that accrued to the person as a result of the commission of the offence.
A fine increased under subsection (1)
applies despite any provision that provides for a maximum fine, and
is in addition to any other fine under this Act.
In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by the defendant's contractor, employee or agent.
This section applies even if the contractor, employee or agent has not been identified or prosecuted for the offence.
Due diligence, mistake of fact and officially induced error are defences to a prosecution under this Act.
A proceeding, conviction or penalty for an offence under this Act does not relieve a person from any other liability.
[Repealed 2007-18-100.]
The government may not proceed under this Act with both an offence and an administrative penalty for the same contravention.
Subsection (1) does not derogate from the government's ability to make an order respecting compensation or remediation.
General
Exercise of Discretion and Prohibitions
A person with a discretion under this Act to make an order or to grant an exemption or authorization under this Act may
impose conditions that the person considers necessary or desirable in respect of the order, exemption or authorization, and
remove or vary the conditions by own motion or on the application of a person who is the subject of the order, exemption or authorization.
A condition imposed under subsection (1) is conclusively deemed to be part of the order, exemption or authorization in respect of which it is imposed, whether contained in or attached to it or contained in a separate document.
Powers under this Act of the minister or an official to may be exercised separately, concurrently or cumulatively, and do not affect the exercise of any other powers of the minister, the official or both under this or another enactment.
make an order, or
commence a proceeding
In this section, person acting in an official capacity means
an individual who
is employed under the Public Service Act, is a member of the commission or the board, is a person retained under section 138 of the Forest and Range Practices Act, as it applies for the purposes of this Act, or is a temporary employee hired under section 15 of this Act, and
is exercising a power or performing a duty or function under this Act, or
an individual who
is an independent contractor of the government, is employed by an independent contractor of the government, is a person from another jurisdiction acting under a mutual aid arrangement, as defined in section 66.1, is employed or retained by or acting voluntarily for a local government fire department that is acting under an arrangement with the government, is a member of the Canadian Forces or is a member of an organization prescribed for the purposes of section 9 (7) (e), and
is carrying out fire control under this Act on behalf of the government.
A person must not
without lawful excuse, interfere with a person acting in an official capacity,
without lawful excuse, fail to comply with a lawful requirement of a person acting in an official capacity,
intentionally make a false statement to, or mislead or attempt to mislead, a person acting in an official capacity,
without lawful excuse, operate equipment, machinery, a vehicle or a vessel or act in a manner that interferes with fire control that is being carried out under this Act by the government, or
without lawful excuse, operate equipment, machinery, a vehicle or a vessel or act in a manner that interferes with
the causing of fire on, or the introduction of fire onto, Crown land, as authorized under section 18, or
the control of a fire authorized under section 18.
A person must not evict, discharge, suspend, expel, intimidate, coerce, impose any pecuniary or other penalty on, or otherwise discriminate against, a person because that person complains or is named in a complaint, gives evidence or otherwise assists in respect of a prosecution, a complaint or another proceeding under this Act.
Powers of the Minister
Subject to a regulation made under section 69 (2) (b), the minister, in writing, may
delegate a power or duty of the minister under this Act, including a quasi-judicial power or duty, to a person employed in a ministry or to a class of persons employed in a ministry,
provide directions that are binding on the delegate respecting the exercise of the power or the performance of the duty or function, and
vary or revoke a delegation or direction.
In respect of a power or duty delegated under this section, this Act and the regulations apply to the delegate as they apply to the minister.
The minister may extend a time required to do anything under this Act other than a period within which to make an order or to commence a proceeding.
On behalf of the government, the minister or an official designated by the minister may enter into agreements for purposes under this Act including but not limited to agreements respecting fire control.
Libel Protection, Confidentiality and Disclosure
For the purposes of any Act or law respecting libel or slander,
anything said, all information supplied and all records and things produced in the course of an investigation, an inquiry or proceedings before the board or commission under this Act are privileged to the same extent as if the investigation, inquiry or proceedings were proceedings in a court, and
each of a report made by the board or commission and a fair and accurate account of the report in a newspaper, periodical publication or broadcast is privileged to the same extent as if the report of the board or commission were the order of the court.
In this section:
information includes a record;
person means
the government, board or commission,
an employee, agent or independent contractor of the government, board or commission, or
a member of the board or commission.
Each of the following persons must take an oath that he or she will not disclose information obtained under this Act except as permitted by this section and the Freedom of Information and Protection of Privacy Act and the regulations under that Act:
a member of the board or commission;
an employee of the board or commission;
a person appointed to carry out an audit referred to in section 68;
a specialist or consultant retained by the board or commission.
A person must not disclose any information obtained in the exercise of a power or the performance of a duty or function under this Act except
as required for the performance of his or her duties under this Act, or
as permitted by this section or the Freedom of Information and Protection of Privacy Act or the regulations under that Act.
A person may disclose to the government any information obtained in the exercise of a power or the performance of a duty or function under this Act.
Miscellaneous
Section 110 of the Forest and Range Practices Act in respect of how notice may be given applies for the purposes of this Act.
A document, purporting to have been issued by any of the ministers referred to in the definition of "official" in section 1, certifying that the minister has designated a person as an official under this Act, is admissible as evidence of the designation without proof of the signature or official character of the minister purporting to have signed the document.
A document purporting, to have been issued by the minister responsible for administration of this Act, certifying that the minister has made a delegation under section 58, is admissible as evidence of the delegation without proof of the signature or official character of the minister purporting to have signed the document.
The minister may pay out of the consolidated revenue fund without an appropriation other than this section any expenditures the minister considers necessary or advisable for the following purposes:
direct fire control carried out on any land;
abating any risk to public safety that is on any land and is a result of fire control carried out under section 9;
abating any risk to public safety that is on Crown land and is a result of a fire;
compensating an owner or tenant of private land under section 9 (4) or (5);
rehabilitating any land damaged by fire control carried out under section 9;
rehabilitating Crown land that has been damaged by fire;
abating a fire hazard that exists on Crown land;
fire prevention and fire preparedness in respect of any land.
If this Act or a regulation requires a person to perform an obligation or otherwise comply with this Act or the regulations, the person must do so at the person's own expense unless another provision of this Act or the regulations specifically provides otherwise.
In this section:
mutual aid arrangement means an agreement, understanding or other arrangement entered into on behalf of the government with one or more other jurisdictions to share resources in relation to fire control;
protected person means any of the following:
the minister;
an official;
an employee of the government;
a temporary employee hired under section 15;
a person acting under an order made by an official under section 16;
a person from another jurisdiction acting under a mutual aid arrangement.
Subject to subsection (4), no legal proceeding for damages lies or may be commenced or maintained against a protected person because of anything done or omitted
in the exercise or intended exercise of any power under this Act, or
in the performance or intended performance of any duty or function under this Act.
in the exercise or intended exercise of any power under this Act, or
in the performance or intended performance of any duty or function under this Act.
Subsection (3) does not affect an obligation of the government to pay
compensation under section 9 (4) or (5) or 17 (1), or
remuneration under section 15 (3).
Subsection (3) does not apply to a legal proceeding against the government commenced on or before February 13, 2014.
Forest Practices Board
In section 68 and the regulations related to this Part, party means
the government,
the holder of an agreement under the Forest Act,
the holder of an agreement under the Range Act, or
a person referred to in section 68 (2) who may be audited or investigated under that section.
In accordance with the regulations,
the board to determine
must carry out periodic independent audits, and
may carry out special investigations
compliance with the requirements of Parts 1 and 2 and the regulations made in relation to those Parts by a party, and
the appropriateness of government enforcement under Part 3, and
the board must deal with complaints from the public respecting prescribed matters that relate to this Act.
If the board may audit or investigate whether a person other than that party did not comply with the requirements, in the course of acting for or at the direction of the party.
while carrying out under subsection (1) (a) (i) or (ii) an audit or investigation of a party in respect of a matter referred to in subsection (1) (a) (iii), the board finds that the party complied with the requirements audited or investigated, and
the only reason for that finding is that
the party exercised due diligence to prevent non-compliance,
the party reasonably believed in the existence of facts that if true would establish that the party complied with the requirement, or
the party's actions relevant to the requirement were the result of an officially induced error,
Sections 123 to 140 of the Forest and Range Practices Act apply for the purposes of this section, except that, for those purposes,
the references in sections 123, 124 and 131 of that Act to a determination must be read as references to an order under this Act,
the reference in section 129 of that Act to section 97 must be read as a reference to section 56 of this Act, and
the reference in section 131 (4) of that Act to section 83 must be read as a reference to section 40 of this Act.
Regulations
The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
defining a word or expression used but not defined in this Act;
for the purposes of section 58 (1) (a), specifying which powers and duties of the minister under this Act must not be delegated;
for the purposes of section 4 (2), prescribing
In making a regulation under this Act, the Lieutenant Governor in Council may do one or more of the following:
delegate a matter to a person;
confer a discretion on a person;
make different regulations for different circumstances, persons, places, things or transactions;
adopt the provisions of a publication or adopt them as they are amended from time to time.
The Lieutenant Governor in Council may make regulations respecting the exemption of a person, place, thing or transaction from a provision of this Act or the regulations.
In making a regulation under subsection (1), the Lieutenant Governor in Council may make the exemption subject to conditions.
The Lieutenant Governor in Council may make regulations restricting an official's authority to exempt a person from a provision under this Act.
The Lieutenant Governor in Council may make regulations respecting the criteria that a person must use and the matters that a person must consider in exercising a discretionary power conferred on the person under this Act.
Criteria or matters prescribed under subsection (1) are additional to any criteria or matters that a person is required to use or consider in exercising a discretionary power under this Act.
The Lieutenant Governor in Council may make regulations respecting fire control and the protection of forest land resources or grass land resources.
Without limiting subsection (1), the Lieutenant Governor in Council may make regulations, applicable on forest land or grass land and other land within 1 km of any forest land or grass land,
respecting fire use, fire prevention and fire rehabilitation,
respecting high risk activities in relation to fire control, fire prevention and the protection of forest land resources or grass land resources,
requiring the submission of fire emergency information to an official,
respecting fire precautions in relation to timber harvesting, timber processing facilities, railways, utilities and other facilities, machinery and equipment,
respecting tools and equipment,
respecting the assessment of fire hazards,
respecting the abatement of fire hazards, including, without limitation,
prescribing activities and time periods for the purposes of section 7 (2),
prescribing classes of persons, time periods and areas for the purposes of section 7 (2.1), and
specifying, for the purposes of section 7 (2) and (2.1), the extent to which a fire hazard must be abated,
prohibiting the use of open fires, and
governing the compensation that is required or authorized to be paid under a provision of this Act.
An official may exempt a person from all or part of a regulation made under subsection (2), subject to conditions or alternative requirements the official may specify.
The Lieutenant Governor in Council may make regulations respecting assistance under section 18.01, including, without limitation, respecting circumstances in which the government may or may not assist with carrying out activities in respect of a fire.
The Lieutenant Governor in Council may make regulations requiring persons to give written notice to an official concerning when, whether or not and to what extent the person has completed or will complete an obligation of the person under this Act.
The Lieutenant Governor in Council may make regulations respecting administrative remedies.
Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting fees and administrative penalties in cases in which a person does not comply with this Act or the regulations.
The Lieutenant Governor in Council may make regulations respecting the review or correction of an order under this Act.
The Lieutenant Governor in Council may prescribe forms for this Act.
The Lieutenant Governor in Council may make regulations respecting the furnishing of information to the minister or to an employee in the ministry.
on request or at specified times, and
in a specified format, including electronic format.
The Lieutenant Governor in Council may make regulations respecting fees for the provision, under this Act, of a service by the government to any person.
Subsection (1) applies whether or not there is an obligation on the government to provide the service.
The Lieutenant Governor in Council may make regulations requiring security of any kind, including but not limited to money, to be provided to ensure the performance of an obligation arising under this Act by
the holder of an agreement of one or more of any of the types of agreement referred to in section 12 of the Forest Act or in section 3 of the Range Act, or
persons in one or more categories of persons that may be prescribed.
Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting the following:
the type of security that is acceptable or not acceptable;
the form and content of the security;
the circumstances under which the security may be realized.
The Lieutenant Governor in Council may make regulations respecting
the recovery of money that is required to be paid to the government under this Act, and
damage caused by persons to Crown assets and the recovery of those damages.
The Lieutenant Governor in Council, for purposes under this Act, may exercise the regulation making powers in relation to the board that are set out in section 167 of the Forest and Range Practices Act.
[Repealed 2004-31-81 (3).]
82-103
This Act comes into force by regulation of the Lieutenant Governor in Council.