1. Speaker Notes: Compliance & Enforcement For Range
& Objectives
C & E is a stand alone program where inspectors act independently.
Decisions made on Compliance & Enforcement issues are without influence or fettering by supervisors or DDM.
May seek advice or clarification from range planning staff or supervisor (ie: legislation interpretation)
WHAT to enforce has not changed significantly from FPC but HOW enforcement is conducted has changed
No longer enforce process requirements but instead will inspect & enforce practices, actions & strategies in YOUR approved Plans.
The Focus is on Results

2. Compliance & Enforcement will inspect and enforce…
Speaker Notes: Compliance & Enforcement For Range
Compliance & Enforcement will inspect and enforce…
Results, strategies and actions in approved:
Range Use Plan
Range Stewardship Plan
Plan and practice requirements in regulation
NOTE: Ensure Amendments are Submitted
Compliance and enforcement will inspect and enforce:
1. Results, Strategies, and Actions
Results, strategies, and Actions in approved range plans. Includes checking grazing schedule for RUP but not RSP. C&E will not inspect or enforce consistency with objectives, only consistency with results and strategies contained in approved operational plans.
2. Plan and Practice requirements
Practice requirements in the Range Planning and Practices Regulation that meet government objectives for conserving FRPA values. All Range Licence holders conducting practices must comply with these practice requirements, regardless of the content their range plans.

3. Speaker Notes: Compliance & Enforcement For Range
Working with C&E
C&E may be conducted jointly or independently by personnel from Ministry of Forests, Ministry of Water, Land and Air Protection on:
Practices
Actions
Strategies
Monitoring & reporting systems
NOTE: Ensure you review your Inspection Reports and provide comments or feedback.
Joint Agency C&E
Compliance & Enforcement may be jointly conducted by personnel from Ministry of Forests and Ministry of Water, Land and Air Protection on: Practices; Actions; and Strategies.
Monitoring & reporting systems
You are expected to have appropriate monitoring & reporting systems in place to ensure that your activities are being done in accordance with your approved range plan.
Monitoring includes: Orderly collection of information; Analysis of information; and Interpretation of data gathered over time to evaluate progress towards.
Monitoring for RUP: No statutary requirement may be required by the District Manager
Monitoring for RSP : processes for monitoring and evaluating activities to ensure progress towards meeting: objectives
Reporting includes:.
Reporting for RUP: # of livestock, when they were on Crown range, issues/events that may affect your ability, or the ability of the MOF to manage crown resources, including: Recreation interactions; Wildlife interactions or conflicts; Gates left open; Weather events; and Number of animals using crown range, and when they go on or off the range
Reporting for RSP : Same as above plus what ever is in the monitoring procedure

4. Speaker Notes: Compliance & Enforcement For Range
Remedies
Administrative Remedies (Opportunities to be Heard)
Court Action
Fines depend on circumstance
Penalties reflect the severity of contraventions
Appendix D – FRPA Range Training Guide
Subsequent contraventions may double max fines
Limitation on Proceedings
Vicarious Liability
Powers of Intervention (next slide)
Administrative Remedies
Under FRPA, statutory decisions that may be made by MOF officials include:
Monetary penalties—There were 44 determinations under the code( ) or about 5 per year max $5000 average about $500
Seizure. Redemption costs
Stop work orders
Remediation orders.
Suspension and cancellation of rights under forest and range tenure agreements.
Court Action
The maximum fines $1,000,000 and imprisonment to 3 years.
Penalties reflect the severity of contraventions in relation to potential risk to key values
Appendix D of the FRPA Range Training Guide contains a listing of the penalties for range.
second offence fine may be doubled.
Anyone who carries out environmentally detrimental forest or range practices can be fined up to $ 1 million.
Limitation on proceedings
Unlike under the Forest Practices Code, the government may not impose an administrative penalty and prosecute a person for the same contravention. This ensures a person will not be subject to both an administrative penalty and a fine for the same contravention.
Vicarious Liability (s and s. 100)
if a person’s contractor, employee, or agent contravenes a provision of the acts, the person also contravenes the provision unless there is a clear case of wanton or wilful negligence on the part of the contractor, employee or agent.
Vicarious liability ensures that a person cannot escape liability by simply hiring or directing someone else to do the work.

5. Powers of Interventions
Speaker Notes: Compliance & Enforcement For Range
Powers of Interventions
Extraordinary power to intervene before event occurs
Use in certain situations:
Impact on public health or safety
Failure to attain free growing stand
Adverse impact on environment
Discuss the new Powers of Interventions:
FRPA contains a new requirement that enables the Minister to intervene and stop, mitigate or remedy any activity before a contravention occurs if the activity is likely to cause (s. 77 of FRPA):
Pre-emptive:
a catastrophic impact on public health or safety;
a free growing stand to not be established; or
an adverse impact on the environment.
The Minister may reimburse expenses if the specified measures or activities associated with an intervention warrant it.
The Minister may also intervene if a practice may impact on aboriginal rights or title that was not known at the time the Operational Plan was approved (s.77.1 of FRPA).
An example of the use of power of intervention:
Where grazing, if continued to date indicated in the grazing schedule, will result in over use and damage of the plant community, soil, water quality, etc.

6. Speaker Notes: Compliance & Enforcement For Range
Defences under FRPA
Due Diligence
Taking all reasonable steps to avoid contravention
Mistake of Fact
Acting on an honest belief in a set of facts that, if true, would constitute a defence to the charge
Officially Induced Error
Acting on wrong information from government official
Defences apply to administrative contraventions & offences
The three defences for administrative penalties introduced by the amendments to FPC, last December 2002, will now also apply to alleged contraventions of FRPA, Forest Act and Range Act:
Due diligence.
Mistake of fact.
Officially induced error.
If you are believed to have contravened the Forest Practices Code of British Columbia Act or regulations but you can show, on a balance of probabilities, (must be shown that it is more likely than not that no applicable defences have been established) that any one of the defences applies, you cannot be found to have contravened the Code or FRPA.
Due Diligence (FRPA s. 72)
Due diligence is a key principle underpinning the new results based framework under the FPC and FRPA.
Due diligence is based on the standard of care to be exercised by a reasonable and prudent person.
The onus is on the defendant to prove due diligence.
Mistake of Fact (FRPA s. 72)
A "mistake of fact" may result when a licensee was duly diligent in hiring a registered professional qualified in the field of practice for which they were hired, then acting on their professional advice which was later proven to be incorrect.
The onus is on the defendant to prove a mistake of fact.
Officially Induced Error (FRPA s. 72)
Officially induced error applies when a person acts on incorrect information provided by an appropriate government official. To be successful, the person seeking to establish the defence must show many items as discussed on the detailed slide.

7. Speaker Notes: Compliance & Enforcement For Range
Summary
Summarize the C&E topic:
C&E inspects and enforces practices, actions, and strategies in approved range plans and practices requirements regulations.
C&E will focus on enforcing results and strategies in approved range plans and not on the process of getting to those results and strategies.
Defences under FRPA continues from those under the Forest Practices Code and a new power of intervention provision is available to prevent damage to the environment.

8. End Compliance & Enforcement for Range Presentation
Speaker Notes: Compliance & Enforcement For Range
End Compliance & Enforcement for Range Presentation
Range Planning & Practices Workshop
Summarize the C &E topic:
This concludes the “Compliance and Enforcement ” part of the Range Module.
Jodie will now summarize today's training