Forest Practices Code Transition Compliance & Enforcement Dan Graham Director, Compliance & Enforcement Branch MOF

Summary of Changes  No dramatic change to Compliance & Enforcement role or authorities  Introducing new defences against contraventions and prosecutions  C & E moving towards enforcing against Statutory & Regulatory provisions, FDPs and existing SPs, rather than new SPs or site plans. Compliance & Enforcement

What is the Intent of the Changes?  Maintain two tiered enforcement regime though transition period  Prosecution Regime  Administrative Remedies Regime  Introduce the concept of complete defence to administrative remedies  No enforcement against new site level plans  Forest Development Plans and existing SPs  Regulations  Standards Compliance & Enforcement

Requirement Changes Entry & Inspection (Act)  Authority for an official to require production of site plans for inspection or copying  Licence, permit, operational plan or record for inspection and copying were previously allowed  A person is now obligated to also provide to an official on request a copy of their site plan Compliance & Enforcement

What is the Intent of the Entry and Inspection Changes?  Reflects the existence of this new site level information Compliance & Enforcement

Requirement Changes Administrative Remedies Defences (Act)  Defences to a contravention :  Due Diligence  Mistake of Fact  Officially Induced Error (already recognized by Forest Appeals Commission)  If a person who is accused of a contravention can prove one of the defences applies, the contravention will be deemed not to have occurred Compliance & Enforcement

Requirement Changes Administrative Remedies Defences (Act)  District Manager cannot issue the identified orders or levy an administrative penalty  Defences do not apply retroactively to determinations made prior to this Act coming into effect (except officially induced error)  Defences do apply to determinations made after this Act comes into effect, even if the alleged contravention occurred prior to the Act coming into effect Compliance & Enforcement

What Is the Intent of the Administrative Proceedings Changes?  Introduce available defences that may be established, consistent with the prosecution regime Compliance & Enforcement

Requirement Changes Irreparable Damage Offence (Act)  Increased circumstances where a person does not commit an offence by causing irreparable damage (sec. 145)  They include in some situations:  Acting in accordance with requirements as specified by regulation Compliance & Enforcement

Requirement Changes Prosecution Defences (Act)  Defences to a prosecution:  Due Diligence  Mistake of Fact  Officially Induced Error  If the accused person can prove that one of these defences applies, the offence is deemed not to have occurred  Previously, due diligence was the only expressly identified defence, and then only in situations of vicarious liability Compliance & Enforcement

What Is the Intent of the Prosecution Defence Changes?  Recognize available defences that may be established, consistent with other jurisdictions Compliance & Enforcement

Requirement Changes Limitation on Liability (Act)  Relief from obligations frustrated by damage that is not the licensee’s fault where significant expense required to rectify damage (sec & 162.2)  Regulations specify time for DM to respond to declarations  Reforestation:  Obligation generally remains  Government funding extra expense associated with addressing damage that occurred  Relief from obligation to produce a free growing stand only in special circumstances Compliance & Enforcement

What Is the Intent of the Limitation on Liability Changes?  Relief from significant expense required to rectify damage that was no fault of Licensee  Provide fair and appropriate time for MOF to perform required field work to verify/audit declarations  Bring closure to previously “open ended” obligations Compliance & Enforcement

Change Requirements Monetary Penalties (Regulations)  New contraventions under transition amendments require remedies  Some previous statutory obligations/contraventions will no longer exist  Penalties for various contraventions set out in the Administrative Remedies Regulation Compliance & Enforcement

What is the Intent of the Monetary Penalty Changes?  Maintain current penalty regime with adjustments to match the amendments  Reconcile penalty amounts to contraventions  New penalty regime will accompany the new FRP Act and Regulations April 1, 2003 Compliance & Enforcement

End of Compliance & Enforcement Presentation with Dan Graham