Section FOR 07 - Forest Monitoring and Assessment Delivery Agent: Ministry of Natural Resources | |||
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Forest monitoring and assessment is comprised of forest compliance and auditing. Monitoring and assessment programs assess and evaluate the achievement of objectives and targets established during the development of an approved forest management plan and determine whether the results are desirable.
This section of the Forest Management Directives and Procedures provides an overview of Ontario’s forest compliance program, which includes requirements for forest compliance information, monitoring and planning, MNR program support and remedies and enforcement; and, audits required under the Crown Forest Sustainability Act and the Environmental Assessment Act.
Section Content:
FOREST COMPLIANCE
Forest compliance monitoring is inspecting and reporting on forest operations established during the development of an approved forest management plan. It assesses whether the operational standards and requirements that apply to those operations are being met. More about Compliance »
Forest Operations Compliance
- FOR 07 01 Forest Compliance Overview
- FOR 07 02 Forest Compliance Information and Planning
- FOR 07 03 Forest Compliance Monitoring
- FOR 07 04 Forest Management Program Support
- FOR 07 05 Other Natural Resource Management Program Support
- FOR 07 06 Remedies and Enforcement
Updates:
Effective April 1, 2012 - Four forest operations compliance procedures were revised and replaced with new procedures. The changed procedures are:
FOR 07 03 01 - Forest compliance inspectors - certification and maintenance
FOR 07 06 04 - Written warnings
FOR 07 06 05 - Orders under the Crown Forest Sustainability Act
FOR 07 06 06 - Administrative penalties - determining amounts and application
Forest Compliance Handbook
Section FOR 07 of the Forest Compliance Handbook is now integrated with this compendium of Forest Management Directives and Procedures.
The Forest Compliance Handbook continues to be available as a single publication containing Section FOR 07 plus additional information such as the forest compliance strategy and; authority, purpose, and roles and responsibilities concerning the forest industry and the Ontario Government.
Access the Forest Compliance Handbook »
FOR 07 FOREST COMPLIANCE OVERVIEW
Directive FOR 07 01 01
Overview – Ontario forest compliance program (PDF, 64 KB 2 pages)
Provides an overview of Ontario Forest Compliance Program
Directive FOR 07 01 02
Historic Perspective and moving forward (PDF, 31 KB 2 pages)
Provides an overview of the establishment of the program and its first 10 years of implementation. Also describes rationales for changes and improvements in moving forward.
FOR 07 02 FOREST COMPLIANCE INFORMATION AND PLANNING
Procedure FOR 07 02 01
Information, inventories, surveys, tests, studies and records (PDF, 31 KB 4 pages)
Describes information, inventories, surveys, tests, studies and records required by the CFSA and the obligation to provide them.
Procedure FOR 07 02 02
Compliance and enforcement records (PDF, 33 KB 1 page)
Describes generally how and why compliance and enforcement records are kept.
Directive FOR 07 02 03
Forest compliance planning (PDF, 39 KB 3 pages)
Provides an overview of forest compliance planning carried out by MNR and the forest industry.
Procedure FOR 07 02 04
Forest compliance planning (PDF, 59 KB 9 pages)
Establishes the minimum requirements for forest industry compliance planning for the ten year and annual timeframes consistent with the Forest Management Planning Manual.
Procedure FOR 07 02 05
Enhanced compliance arrangement for qualified overlapping licensees (PDF, 48 KB 5 pages)
Describes the requirements for qualified overlapping licensees to undertake greater compliance responsibilities.
Procedure FOR 07 02 06
Describes the requirements to prepare and operate in accordance with forest management plan and annual work schedule.
FOR 07 03 FOREST COMPLIANCE MONITORING
Contains directives and procedures pertaining to the certification and maintenance of certification for forest compliance inspectors and for the carrying out of and reporting on forest compliance inspections.
Procedure FOR 07 03 01
Forest compliance inspectors – certification and maintenance (PDF, 40 KB 5 pages)
Describes the processes for forest compliance inspectors to achieve and retain certification.
Procedure FOR 07 03 02
Forest compliance inspectors – competency standards (PDF, 40 KB 5 pages)
Sets out the competency standards certified forest compliance inspectors are expected to meet.
Procedure FOR 07 03 03
Forest compliance inspectors – code of ethics (PDF, 26 KB 1 page)
Sets out the Code of Ethics to which certified forest compliance inspectors must adhere.
Directive FOR 07 03 04
Forest operations inspection and reporting (PDF, 38 KB 4 pages)
Provides an overview, definitions, and direction for forest operations inspections and reporting.
Procedure FOR 07 03 05
Forest operations inspections and reporting procedures (PDF, 92 KB 16 pages)
Provides procedural requirements for the conduct of forest operations inspections and reporting in the Forest Operations Inspection Program (FOIP) software.
Procedure FOR 07 03 06
Documenting suspected infractions (PDF, 31 KB 2 pages)
Describes key elements for documenting suspected infractions.
Procedure FOR 07 03 07
Entry onto private land dwellings (PDF, 24 KB 2 pages)
Describes the authority and processes for entry onto private land or dwellings.
Procedure FOR 07 03 08
Obstruction of employees (PDF, 28 KB 2 pages)
Describes the offence of obstructing of employees and the procedure to deal with it.
Procedure FOR 07 03 09
False statements (PDF, 21 KB 1 page)
Describes the offence of making a false statement and the procedure to deal with it.
Procedure FOR 07 03 10
Search warrants (PDF, 20 KB 1 page)
Describes the rationale and procedure to obtain a search warrant.
Procedure FOR 07 03 11
Public access and report retention and storage procedures (PDF, 20 KB 1 page)
Establishes procedure for public to access inspection reports and describes the requirements for report retention.
FOR 07 04 FOREST MANAGEMENT PROGRAM SUPPORT
Contains forest program procedures describing requirements and associated remedies for failing to meet those requirements that apply to forest operations, forest resource licensing, wood allocation and wood measurement.
Procedure FOR 07 04 01
Forest operations and silviculture manual – compliance (PDF, 29 KB 2 pages)
Notes the requirements to comply with the Forest Operations and Silviculture Manual and the applicable remedies.
Procedure FOR 07 04 02
Forest resource licence – requirements (PDF, 41 KB 6 pages)
Describes the requirements to comply with a forest resource licence and the associated remedies for failure to do so.
Procedure FOR 07 04 03
Harvesting without a forest resource licence (PDF, 21 KB 1 page)
Describes the offence of harvesting without a Forest Resource Licence and the associated remedies.
Directive FOR 07 04 04
Sustainable forest licences and overlapping licences (PDF, 20 KB 2 pages)
Distinguishes between sustainable forest licences and overlapping forest resource licences and describes how remedies are to be applied to the respective licensee(s).
Directive FOR 07 04 05
Amalgamations of sustainable forest licences and management units (PDF, 29 KB 2 pages)
Provides suggested direction on forest compliance history when sustainable forest licences and/or management units are being amalgamated.
Procedure FOR 07 04 06
Crown forest resources on mining leases (PDF, 41 KB 1 page)
Provides procedures for dealing with forest resources on mining leases.
Procedure FOR 07 04 07
Forest resources on private lands (PDF, 21 KB 2 pages)
Describes how compliance is conducted where Crown forest resources are on private lands.
Procedure FOR 07 04 08
Scaling – Measurement, methods and records (PDF, 24 KB 3 pages)
Describes the requirements for the measurement of forest resources the licensing of scalers, methods and records and the associated remedies.
Procedure FOR 07 04 09
Wasteful practices (PDF, 21 KB 3 pages)
Describes Wasteful Practices and the procedures for their determination and the links to the Scaling Manual administered by the Ministry of Northern Development, Mines and Forestry.
Procedure FOR 07 04 10
Seizure, detaining and forfeiture of forest resources (PDF, 20 KB 3 pages)
Notes that the authorities for seizure, detaining and forfeiture of forest resources reside with the Ministry of Northern Development, Mines and Forestry (MNDMF) and describes the roles of the Ministry of Natural Resources staff authorized to act as agents for MNDMF when these actions are required.
Procedure FOR 07 04 11
Forest resource processing facility licence (PDF KB, 1 page)
Describes the circumstances where forest resource processing facilities are required to be licensed and the remedies for failure to do so.
FOR 07 05 OTHER NATURAL RESOURCE MANAGEMENT PROGRAM SUPPORT
Direction and procedures for other natural resource program and jurisdictional legislation that applies to forest operations by noting the requirements and associated remedies for failing to meet those requirements or by providing links to the directives and procedures maintained by those program areas.
Procedure FOR 07 05 10
Aggregate Resources Act (PDF, 37 KB 1 page)
Describes the application of the Aggregate Resources Act to forest operations and the criteria, standards and reporting requirements for Forestry Aggregate Pits. Note: These are found in the Forest Management Planning Manual and provide a referential contact.
Procedure FOR 07 05 20
Criminal Code of Canada (PDF, 24 KB 6 pages)
Describes the procedures and application of the federal Criminal Code of Canada and provides a referential contract.
Procedure FOR 07 05 30
Forest Fires Prevention Act (PDF, 40 KB 3 pages)
Provides some background to the Forest Fires Prevention Act, describes its application to forest operations and highlights potential infractions and remedies. A referential contact is provided.
Directive FOR 07 05 40
Fisheries Act (Federal) (PDF, 24 KB 3 pages)
Describes the application of the federal Fisheries Act and provides direction in relation to forest operations and highlights potential infractions and remedies. A referential contact is provided.
Procedure FOR 07 05 50
Fish and Wildlife Conservation Act (PDF, 52 KB 8 pages)
Describes the application of the Fish & Wildlife Conservation Act, provides direction in relation to forest operations, highlights potential infractions and remedies, and provides a referential contact.
Procedure FOR 07 05 51
Endangered Species Act (S.O. 2007) (PDF, 27 KB 2 pages)
Describes the purpose of the Endangered Species Act and provides direction regarding its application to forest operations referencing the applicable regulation and provides a contact.
Procedure FOR 07 05 60
Lakes and Rivers Improvement Act (PDF, 45 KB 6 pages)
Describes the application of the Lakes and Rivers Improvement Act to forest operations and highlights potential infractions and remedies. A referential contact is provided.
Procedure FOR 07 05 70
Public Lands Act (PDF, 19 KB 1 page)
Notes the application of the Public Lands Act and provides links to the lands program area procedures under this Act applicable to forest operations.
Procedure FOR 07 05 71
Navigable Waters Protection Act (Federal)(PDF, 31 KB 5 pages)
Describes the application of the federal Navigable Waters Protection Act to forest operations, provides links to Lands policies and a copy of the MOU between MNR and Transport Canada as regards Annual Work Schedules. Contacts are also noted.
Procedure FOR 07 05 80
Environmental Protection Act (PDF, 25 KB 2 pages)
Describes the application of the Environmental Protection Act (Ministry of the Environment) to the spill of any pollutant and the obligations of persons under this act regarding reporting, mitigation and restoration. The Spills Action Centre contact is noted.
FOR 07 06 REMEDIES AND ENFORCEMENT
This part provides direction and procedures for MNR response to non-compliances which are infractions of the regulatory framework.
Directive FOR 07 06 01
Remedy and enforcement - overview and direction (PDF, 35 KB 3 pages)
In addition to providing an overview the remedy and enforcement overview and direction broadly, describes the process for dealing with instances of non-compliance and references the supporting directions and procedures.
Procedure FOR 07 06 02
Determining which legislation applies (PDF, 30 KB 2 pages)
Determining which Legislation applies, assists staff in identifying legislation applicable to instances of non-compliance by providing references (procedures in Part V) and examples.
Procedure FOR 07 06 03
Determining remedy (PDF, 50 KB 9 pages)
Guides staff in determining an appropriate remedy and/or enforcement action in response to an instance of non-compliance by setting out factors to be considered and describing a procedure and its documentation.
Procedure FOR 07 06 04
Written warnings (PDF, 58 KB 9 pages)
A formal document outlining the particulars of an incident of non-compliance and indicating to the licensee that they are in non-compliance and may be subject to other remedy provisions of the Act.
Procedure FOR 07 06 05
Orders under the Crown Forest Sustainability Act (PDF, 33 KB 3 pages)
Describes the Orders available under the Crown Forest Sustainability Act and the requirements and procedures to implement them.
Procedure FOR 07 06 06
Administrative penalties - determining amounts and application (PDF, 45 KB 7 pages)
Describes the Orders available under the Crown Forest Sustainability Act and the requirements and procedures to implement them.
Directive FOR 07 06 07
Offence provisions (PDF, 21 KB 1 page)
Sets out the procedures to be followed to when the decision is to lay an offence charge under the Crown Forest Sustainability Act.
Directive FOR 07 06 08
Licence suspensions and cancellations (PDF, 22 KB 1 page)
Sets out the procedures to be followed to when the decision is to suspend or cancel a forest resource licence.
Directive FOR 07 06 09
Representations regarding notice of intent to apply an administrative penalty (PDF, 25 KB 2 pages)
Establishes the principles that must be incorporated into any process established to provide for representation regarding a Notice of Intent to Apply an Administrative Penalty.
FOREST AUDITING
Audits are a requirement under the Crown Forest Sustainability Act and a condition of a Sustainable Forest Licence.
FOR 07 20 FOREST AUDITING
All management units affected by Condition 28 of the 2003 Ministry of the Environment Declaration Order MNR-71 issued under the Environmental Assessment Act for the Ministry of Natural Resources Forest Management Class Environmental Assessment on Crown Lands in Ontario are subject to an independent forest audit every five years.
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