The Council and the owner may agree that the owner or the owner’s employee, contractor or agent may have contravened a provision of the legislation. In those circumstances, Council and the owner may have an opportunity to enter into a consent agreement. These agreements may provide for remedial measures to be carried out and a penalty.
Consent agreements are not determinations. The Council has not applied the contravention determination making process and consent agreements do not result in a formal record of contravention.
In accordance with the Private Managed Forest Land Act, Council may determine whether or not a person contravened a provision of the Act or the regulations. The Compliance Determinations Procedure Manual describes the process that Council follows to ensure the compliance decision making process is open and understandable to the public. The formal requirements of Council’s compliance decision making process are set out in Division 2 of Part 4 of the Private Managed Forest Land Act.
A determination generally follows a formal investigation. Determinations may be followed by other steps including: Reconsideration of Council Decision, and Appeal to the Forest Appeals Commission.
Council has jurisdiction to reconsider a compliance decision made by the Council or a stop work order issued by a person authorized by the Council. These reconsiderations can be initiated by Council or on the request of the person who is the subject of the original decision. Council has no jurisdiction to reconsider a decision if it is already subject to an appeal that has concluded. Reconsiderations are conducted in accordance with the Compliance Determinations Procedure Manual.
A person who is subject to a compliance decision may appeal the decision to the Forest Appeals Commission provided that the appeal conforms to the requirements of the Act and regulations. For more information, see the Forest Appeals Commission Appeal Process.