Forest Practices - Enforcement

Forest law in British Columbia is currently in a state of flux.  The Forest Practices Code (the “Code”) has for almost a decade set out what planning has to be done before logging takes place.  However, the current government has introduced new legislation, the Forest and Range Practices Act (the “FRPA”), which, once the regulations are developed, will replace the Forest Practices Code.  The two pieces of legislation are significantly different in the detail of planning required under each.  Both statutes are administered by the provincial Ministry of Forests.

The government has praised the stringent penalties in both pieces of legislation.  In actual fact, however, both the Code and the FRPA allows the government to choose between charging a logging company that has violated the law with an offence (which has the big penalties attached to it) and imposing an “administrative penalty” (which doesn’t).  Administrative penalties allow for a high level of flexibility and if used effectively can be effective in ensuring that companies follow the law.  However, in practice it is these administrative penalties that are used against logging companies, even for relatively serious violations of the Act. 

 

In addition, the FRPA will introduce some new powers for government to order steps to be taken to protect the environment.  This page will be rewritten, along with other Guide pages about forest legislation and planning, as the regulations for the FRPA become available and come into force.  In the meantime, please consult West Coast Environmental Law’s Guide to Forest Land Use and Planning for information about enforcement powers under the Code. 

Related Guide Pages:

·         Forest Practices Code

·         Forest Practices - Results and Rules

·         Forest Practices - Government Objectives

For more information about the Forest and Range Practices Act and the Forest Practices Code:

·         Electronic copies of the Forest Practices Code and the Forest and Range Practices Act

·         West Coast Environmental Law’s Guide to Forest Land Use and Planning (1999)

·         Ministry of Forests website.