Acts and Regulations

C-38.1 - Crown Lands and Forests Act

Section 31.2
Disposition versions

Full text
Forest audit report, compliance action plan and non-compliance
31.2(1)Following a forest operations compliance audit, the Minister shall deliver a forest audit report to the licensee
(a) setting out the findings of the audit, including any instances of non-compliance and any corrective action to be taken, and
(b) containing any other information required by the regulations.
31.2(2)A licensee shall comply with a forest audit report within the time period, if any, set out in the report.
31.2(3)If the Minister determines that the licensee did not comply with the Act, the regulations, a forest management agreement or any other agreement made under this Act, a forest audit report may, in accordance with the regulations, require the licensee to submit a compliance action plan and to pay a penalty.
31.2(4)If a forest audit report requires a licensee to provide the Minister with a compliance action plan, the licensee shall provide to the Minister the compliance action plan containing the information prescribed by regulation.
31.2(5)A compliance action plan shall be provided to the Minister in the form and in the manner prescribed by regulation.
31.2(6)The Minister shall assess each compliance action plan received and determine whether the plan resolves the licensee’s non-compliance and, if the plan is deficient, to require the licensee to provide an appropriate compliance action plan that will have the effect of resolving the non-compliance.
31.2(7)A compliance action plan and every revision of a compliance action plan is subject to the approval of the Minister and the Minister may withhold his or her approval until any alterations the Minister considers necessary have been made.
31.2(8)Subject to the regulations, if the licensee refuses to provide or refuses or fails to satisfactorily implement a compliance action plan, the Minister may do any one or more of the following:
(a) require the licensee to provide a further compliance action plan satisfactory to the Minister, and
(b) impose a penalty on the licensee.
31.2(9)The Minister may publish a copy of the forest audit report or the compliance action plan in any manner the Minister considers appropriate.
31.2(10)A penalty imposed under a compliance action plan shall be calculated in accordance with the regulations and shall not be greater than
(a) $10,000 for not providing a compliance action plan to the Minister when required,
(b) $25,000 for refusal or failure to satisfactorily implement a compliance action plan, and
(c) $25,000 in any other case.
31.2(11)A licensee required to pay a penalty shall pay the penalty within the time period and in the manner prescribed by the regulations.
2009, c.23, s.2
Forest audit report, compliance action plan and non-compliance
31.2(1)Following a forest operations compliance audit, the Minister shall deliver a forest audit report to the licensee
(a) setting out the findings of the audit, including any instances of non-compliance and any corrective action to be taken, and
(b) containing any other information required by the regulations.
31.2(2)A licensee shall comply with a forest audit report within the time period, if any, set out in the report.
31.2(3)If the Minister determines that the licensee did not comply with the Act, the regulations, a forest management agreement or any other agreement made under this Act, a forest audit report may, in accordance with the regulations, require the licensee to submit a compliance action plan and to pay a penalty.
31.2(4)If a forest audit report requires a licensee to provide the Minister with a compliance action plan, the licensee shall provide to the Minister the compliance action plan containing the information prescribed by regulation.
31.2(5)A compliance action plan shall be provided to the Minister in the form and in the manner prescribed by regulation.
31.2(6)The Minister shall assess each compliance action plan received and determine whether the plan resolves the licensee’s non-compliance and, if the plan is deficient, to require the licensee to provide an appropriate compliance action plan that will have the effect of resolving the non-compliance.
31.2(7)A compliance action plan and every revision of a compliance action plan is subject to the approval of the Minister and the Minister may withhold his or her approval until any alterations the Minister considers necessary have been made.
31.2(8)Subject to the regulations, if the licensee refuses to provide or refuses or fails to satisfactorily implement a compliance action plan, the Minister may do any one or more of the following:
(a) require the licensee to provide a further compliance action plan satisfactory to the Minister, and
(b) impose a penalty on the licensee.
31.2(9)The Minister may publish a copy of the forest audit report or the compliance action plan in any manner the Minister considers appropriate.
31.2(10)A penalty imposed under a compliance action plan shall be calculated in accordance with the regulations and shall not be greater than
(a) $10,000 for not providing a compliance action plan to the Minister when required,
(b) $25,000 for refusal or failure to satisfactorily implement a compliance action plan, and
(c) $25,000 in any other case.
31.2(11)A licensee required to pay a penalty shall pay the penalty within the time period and in the manner prescribed by the regulations.
2009, c.23, s.2