Third Party: Forest Practices Board
APPEAL NO. 2018-FRP-001(a)
Lemare appealed three contravention determinations associated with failing to properly maintain a bridge on a forest service road, continuing to use the bridge for hauling timber while subject to a 5-tonne load limit, and failing to obey a stop work order. The district manager levied a penalty of $20,000, but declined to levy a penalty for the bridge maintenance contravention because he believed the bridge condition first became known to an official more than three years earlier and the limitation period had expired. Lemare appealed on the bases that it was entitled to the defences of due diligence or mistake of fact and that the penalties were excessive. The Board joined the appeal as third party to argue that a penalty should have been levied for the bridge safety issue because the limitation period had not expired. The FAC dismissed the appeal, and agreed that the limitation period had not expired and levied a penalty of $3,000 for the bridge safety contravention. The total penalty amount remained at $20,000. The decision is a helpful clarification of how the limitation period in section 75 of FRPA applies in the context of ongoing bridge maintenance obligations and deteriorating guardrail conditions over time.
Appeal dismissed.
FAC Decision: http://www.fac.gov.bc.ca/forestAndRange/2018frp001a.pdf
Special Report – SR/58
June 2019
RECOMMENDATIONS
The Board recommends that:
The provincial government amend the Forest and Range Practices Act to include tactical forest planning. The implementation of this planning level should be consistent with five principles:
In addition, the mandate of the Forest Practices Board should extend to tactical forest planning.
Complaint Investigation – IRC/222
June 2019
RECOMMENDATION
Government should prepare guidance for CEB staff on how to interpret and apply section 46 (1)(b) of FRPA, regarding unforeseen weather conditions leading to damage to the environment.
Special Investigation – SIR/50
April 2019
RECOMMENDATIONS
To the Compliance and Enforcement Branch:
1. Develop an annual compliance and enforcement plan with measurable objectives and specific targets for proactive compliance monitoring as well as for investigating public complaints regarding FRPA and WA. Overall, the levels of compliance monitoring should provide a basis to inform the public about licensees’ compliance with legislation. As part of this process:
a. Develop clear policy and procedures for implementation of the plan and ensure it is communicated to, and understood by, field staff.
b. Develop stronger relationships with clients, stakeholders and partners that focus on identifying mutual needs and ensuring compliance and enforcement is delivered consistently across the province.
c. Take an adaptive approach to reviewing priorities to ensure that emerging issues are not being missed.
2. Develop performance measures that align with the annual plan’s objectives and targets and enable compliance and enforcement to measure achievement of actions aimed at promoting compliance.
3. Report to the public annually on the results of compliance and enforcement efforts, including defensible information on compliance rates, enforcement actions and outcomes.
4. Develop human resources plans and strategies that ensure recruitment, development and support programs result in CEB employing staff with the capability to understand, interpret and enforce the requirements of FRPA and the Wildfire Act.
Complaint Investigation – IRC/221
March 2019
RECOMMENDATION
Government review the appropriateness of the Defined Hazard Assessment and Abatement Strategy with particular attention to the deadline by which hazards must be abated, and the amount of fuel that may be left on cutblocks without requiring abatement.
