Anyone interested in these other environmental concerns regarding Bill 47 should consider briefs being prepared by the BC Environment Network Forest Caucus and other environmental organizations. Under section 117 of the Code, District Managers and other designated senior officials can levy a penalty against a person who has contravened the Code . In addition to these penalties, if the government is required to carry out remediation work, the violator may be penalized for government's expenses in carrying out remedial work. This means that a penalty can be imposed if the government shows that a person committed the prohibited act. Proof of negligence is not necessary.
Absolute liability is common in the United States and increasingly common in Canada.
Proposed Amendments Under Bill 47 the penalty process is divided into two steps. Senior officials first make a determination that a contravention occurred. Second, they make a determination of whether or not a person exercised due diligence to prevent the contravention. The consequences of non-compliance will depend on whether or not a there is a determination of due diligence. Also, the government will only be able to make a record of the contravention in their performance record if there has been a finding that the company did not exercise due diligence.