Forest and Prairie Protection Act and Regulations Parts I and II - Legislative Review and Regulatory Reform Discussion Paper

Transcription

1 Discussin Paper Alberta Agriculture and Frestry Frest and Prairie Prtectin Act and Regulatins Parts I and II - Legislative Review and Regulatry Refrm Discussin Paper The Alberta gvernment is reviewing the Frest and Prairie Prtectin Act and Regulatins Part I and Part II. This is the first cmprehensive review f the legislatin in mre than 10 years. The changes are intended t prvide sustainable wildfire management fr Albertans. Public engagement is a key step in the amendment and refrm f legislatin. Albertans are invited t cmplete an nline survey regarding the prpsed legislatin amendments at: Frest and Prairie Prtectin Act and Regulatins Amendments Survey r mail in a cmpleted survey t: Senir Manager, Wildfire Preventin, Wildfire Cmpliance and Investigatins Prvincial Frest Fire Centre, Agriculture and Frestry 9th Flr., th Street Edmntn, AB, T5K 2M4 Feedback must be submitted by April 15, Public cmments will be reviewed and cnsidered in guiding the legislatin amendments. The drafted amendments may be brught frward t gvernment as early as Fall The amendments fall int three brad categries: Fines Operatinal requirements Administrative changes The amendments are summarized as fllws: Amendments t Fines 1. Fines fr burning an utdr fire withut due care and attentin, as utlined in sectin 29(1) f Frest and Prairie Prtectin Regulatins, Part I, are currently set at a maximum f $5,000. The curts deemed these fine levels t be inadequate t deal with the scale and impact f the ffense. Prpsed: Increase the fine level: Frm $5,000 t $100,000 fr an individual Frm $5,000 t $1,000,000 fr a crpratin Page 1 f 5

2 2. Fines that address ther infractins, as utlined in sectin 29(2) f Frest and Prairie Prtectin Regulatins, Part I, are currently set at a maximum f $1,000. The curts deemed these fine levels t be inadequate t deal with the scale and impact f the ffense. Prpsed: Increase the maximum fine: Frm $1,000 t $50,000 fr an individual Frm $1,000 t $500,000 fr a crpratin Operatinal Amendments 1. Sectin 15 f the Frest and Prairie Prtectin Regulatins, Part I, addresses il and gas well precautins. Current precautins include clearing the area arund a flare facility f debris fr 2.5 times the length f the vertical pipe, unless therwise prescribed by a frest fficer. The majrity f flare stack wildfires ignite in fine fuels arund the stack. Prpsed: All flare pits and flare stacks t be clear f debris fr 30 metres. 2. Sectins 15 and 16 f the Frest and Prairie Prtectin Regulatins, Part II, address the debris dispsal fr explratin. The current regulatins are utdated; they d nt address current explratin practices. Prpsed: Cnslidate debris dispsal in explratin activities int ne sectin. Remve the nrthern and suthern distinctins t make requirements cnsistent thrughut Alberta. 3. Sectin 17(5) f the Frest and Prairie Prtectin Regulatins, Part II, specifies debris r brush piles n land cleared fr explratin must be dispsed f within 18 mnths. Prpsed: Debris r brush piles n land cleared fr explratin t be dispsed f within 12 mnths. This change is cnsistent with debris dispsal timelines fr ther activities. 4. Sectin 8 f the Frest and Prairie Prtectin Regulatins, Part II, deals with debris dispsal during a lgging peratin, and sectin 8(2) addresses rads. Currently, the timeline t dispse f debris resulting frm hazard reductin activities is 24 mnths. Prpsed: Change the debris dispsal timelines fr hazard reductin t 12 mnths after lgging, unless therwise permitted by the Minister. 5. Sectin 13(1) f the Frest and Prairie Prtectin Regulatins, Part II, deals with debris dispsal fr ple and pst manufacturing peratins. The regulatin specifies that the debris shall be dispsed f by burning. Different debris dispsal ptins may be viable. Prpsed: Allw fr ther debris dispsal methds as apprved by the Minister r designate. Page 2 f 5

3 Administrative and Clarificatin Amendments 1. Sectin 17(1) f the Frest and Prairie Prtectin Act specifies the perid frm April 1 t Octber 31 in each year as the wildfire seasn. Prpsed: Extend the wildfire seasn t start ne mnth earlier. The prpsed fire seasn is March 1 t Octber Sectin 1(h) f the Frest and Prairie Prtectin Act defines urban municipality as a city, twn r village (including summer village). Prpsed: Expand the definitin t als include urban service area f specialized municipalities. The revised definitin wuld include municipalities such as Reginal Municipality f Wd Buffal. 3. Sectin 14(5) f the Frest and Prairie Prtectin Act addresses the ntice f clsure f frest areas. Current wrding des nt include existing peratinal practices f psting a clsure. This practice is an acceptable way t infrm the public f a frest clsure. Prpsed: Include public annuncement f a frest clsure as a methd f ntificatin. 4. Sectin 31.4(1) f the Frest and Prairie Prtectin Act, states that a frest fficer may, withut a warrant, seize any prduct that the fficer has reasnable grunds t believe has an injurius frest tree pest infestatin r a nn-indigenus invasive species infestatin r that is therwise diseased. Prpsed: Enhance wrding t clarify a frest fficer s existing authrity t seize diseased and infected prducts. 5. Sectin 37 (a) f the Frest and Prairie Prtectin Act: if the ffence was a cntraventin f sectin 18 r 22 within a frest prtectin area, t a fine f nt mre than the amunt prescribed in the regulatins and in default f payment t imprisnment fr a term f nt mre than ne year. Prpsed: Amend by replacing nt mre than ne year with nt mre than three years t align with legislatin in ther Canadian jurisdictins, such as British Clumbia, Ontari and Saskatchewan. 6. Add new Sectin 43 under the Frest and Prairie Prtectin Act. Prpsed: Add new Sectin 43 under the Frest and Prairie Prtectin Act t prvide the Minister with the pwers t make Directives. 7. Many sectins f the Frest and Prairie Prtectin Regulatins, Part I address flare pits. Prpsed: Change wrding t be mre inclusive f ther techniques fr flaring. 8. Sectin 7 f the Frest and Prairie Prtectin Regulatins, Part I, deals with fire preventin general precautins. Glass cntainers are regarded as a surce f wildfire ignitin, but there are many ther materials that culd cause a fire. Prpsed: Amend by replacing glass with refuse. Page 3 f 5

4 9. Frm A f the Frest and Prairie Prtectin Regulatins, Part I, is an utdated frm and is nt used. Prpsed: Remve Frm A frm the regulatin. 10. Frm B f the Frest and Prairie Prtectin Regulatins, Part I, is an utdated frm and is nt used. Prpsed: Remve Frm B frm the regulatin. 11. Sectin 3(h) f the Frest and Prairie Prtectin Regulatins, Part II, deals with the recvery f minerals as defined by the Mines and Minerals Act including tar sand develpment. Prpsed: Amend by changing the wrd tar sands t il sands t align the wrding with ther legislatin, such as the Mines and Minerals Act, Envirnmental Prtectin and Enhancement Act, Respnsible Energy Develpment Act. 12. Sectin 6 f the Frest and Prairie Prtectin Regulatins, Part II, addresses ttal debris dispsal requirements and respnsibility f the individual in charge f burning peratins. Current wrding states the individual shuld be present during the burning perid... but a burning perid is nt defined. Prpsed: Amend the wrding t ensure the persn in charge must ensure extinguishment f the fire. 13. Sectin 7 f the Frest and Prairie Prtectin Regulatins, Part II, addresses ttal debris dispsal requirements and the required equipment fr burning peratins. Currently the way an fficer requests additinal fire fighting equipment is nt clarified. Prpsed: Clarify that requests must be prvided in written frm. 14. Add Sectin in the Frest and Prairie Prtectin Regulatins Part II t allw acceptable dispsal methds. Prpsed: Add new Sectin 8 t the Frest and Prairie Prtectin Regulatins, Part II t prvide the pprtunity t allw dispsal such as mulching, r rllback, in certain circumstances. 15. Sectin 12(3) f the Frest and Prairie Prtectin Regulatins, Part II, addresses debris dispsal by sawmills and planing mills. The regulatin addresses times utside f the wildfire seasn, but the wildfire seasn can change depending n fire risk cnditins. Prpsed: Amend the wrding t allw fr a pssibility that the wildfire seasn ends r starts earlier r later than legislated. 16. Sectin 13(3) f the Frest and Prairie Prtectin Regulatins, Part II, addresses debris dispsal by ple and pst manufacturing peratins. The regulatin addresses times utside f the wildfire seasn, but the wildfire seasn can change depending n fire risk cnditins. Prpsed: Amend the wrding t allw fr a pssibility that the wildfire seasn ends r starts earlier r later than legislated. Page 4 f 5

5 17. Sectin 14(a) f the Frest and Prairie Prtectin Regulatins, Part II, addresses debris dispsal by agriculture and the bradcast burning f grass r stubble. The wrd permit is used in tw different cntexts which may be cnfusing. Prpsed: Strike ut the first reference t the wrd permit and replace with allw t prvide clarity. 18. Sectin 14(c) and (d) f the Frest and Prairie Prtectin Regulatins, Part II, addresses the debris dispsal fr agriculture and the respnsibilities fr attending t a fire and necessary equipment. These prvisins culd be cmbined t prvide clarity. Prpsed: Cmbine sectin 14(c) and (d). Page 5 f 5