British Columbia's Forest Practices Board (FPB) has prompted an investigation of the effectiveness of remediation orders issued to forest and range operators who have not complied with legislation.
If a licensee breaches legislated rules about how to conduct forest or range activities, as set out in the provincial Forest and Range Practices Act (FRPA) and Wildfire Act (WA), the provincial government may order remediation.
The board looked at 55 orders made since 2004 under FRPA and WA. Most involved road construction, timber harvesting, silviculture, fire suppression and range-use issues.
It discovered that many orders may not have been enforceable, and that penalties for not following orders have been minimal.
Cariboo-Chilcotin MLA Donna Barnett says the FPB's launching an investigation is a positive step.
It’s up to everybody to be good stewards, she adds.
"Whoever was in noncompliance should be fined or made to go back on the land base and comply with what their tenure or license or lease states."
Barnett explains it's important that those in noncompliance are notified first and the matter is discussed in case they didn't understand the regulations.
The unenforceable part of remediation orders may be due to the regulations needing stronger wording, she adds, but when taking a look at forestry tenures on Crown land, it is evident that "compliance” is high.
"It doesn't appear there's a huge amount of noncompliance, but [that acts are] a tool that is there to look after Crown land."
Barnett says some of the recommendations the board has made, including its providing guidance for decision-makers to consider when making remediation orders, have also been beneficial.
The FPB has also recommended publishing the rate of compliance with orders and the number of related investigations and penalties annually, she explains.
The FRPA and WA may need amendments to enable government and licensees to enter formal agreements co-operatively, Barnett notes, but in any case, she expects there will be actions resulting from the investigation.
"I think the FPB does a good job, and its recommendations are taken seriously."