Consent Agreements: a compliance tool

Consent Agreements: a compliance tool

The Private Managed Forest Land Act (Act) and regulations place many requirements on the owners of private managed forest land. The Act also establishes several mechanisms that may be used to ensure compliance with the requirements. The main mechanisms are consent agreements, stop work orders, administrative contravention determinations and offences.

Under Section 25 of the Act, Council and an owner have the opportunity to enter into a Consent Agreement when Council and the owner agree that the owner or the owner’s employee, contractor or agent may have contravened or is contravening a provision of the legislation.   These agreements may provide for remedial measures to be carried out and potentially for a penalty of up to $5 000 to be imposed.

Entering into a Consent Agreement is generally a shorter process than a formal investigation and hearing that may lead to a contravention determination.  Consent agreements do not result in a formal record of contravention. Council agrees not to make further determinations or orders with respect to the contravention unless the owner does not comply with the terms of the agreement.

Council has entered into 11 Consent Agreements.  Of these:

  • 9 were associated with owners failing to provide a Notice of Sale within 30 days as required by Section 11 of the Council Regulation
  • 2 were associated with owners failing to restock harvested land as required by Section 31 of the Council Regulation

View the following for more information: