1996 Legislative Session: 1st Session, 36th Parliament
THIRD READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 18th day of
July, 1996
Ian D. Izard, Law Clerk
HONOURABLE DAVID ZIRNHELT
MINISTER OF FORESTS
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Forest Act
1 Section 1 (1) of the Forest Act, R.S.B.C. 1979, c. 140, is amended by adding the following definition:
"special use permit" means a special use permit referred to in section 2 of the Forest Practices Code of British Columbia Act; .
2 Section 12 (a) is amended by striking out "sections 13 to 15," and substituting "sections 13 to 15 and 51.1,".
3 Section 17 (a) is amended by adding ", subject to section 51.1," after "shall".
4 Section 41 is amended by adding the following subsection:
(.01) In this section "control" with respect to a corporation in subsection (5) has the same meaning as "control of a corporation" in section 49.
5 Section 41 (5) (a) is repealed and the following substituted:
(a) owns or leases, or controls a corporation that owns or leases, a timber processing facility in the Province; or .
6 Section 50 (2) and 50.1 (4) are amended by adding "woodlot licence," before "road permit".
7 The heading to Division (3) of Part 4 is repealed and the following substituted:
Division (3) - Extensions, Increases, Deletions and Reductions .
8 The following section is added to Division (3) of Part 4:
51.1 (1) Each time the allowable annual cut authorized in a non-replaceable forest licence or non-replaceable timber sale licence is reduced under section 54 the regional manager shall
(a) extend the term of the licence in accordance with subsection (2), and
(b) if required, reduce the allowable annual cut for the last year of the extended term of the licence in accordance with subsection (4).
(2) The term of a licence shall be extended by the number of additional years that is equal to
(a) the extension factor calculated under subsection (3), if the extension factor is a whole number, or
(b) a number determined by rounding up the extension factor, calculated under subsection (3), to the nearest whole number, if the extension factor is not a whole number.
(3) The extension factor is determined by the following formula:
| extension factor | E – NE |
|
|
|
| NAAC |
where
E = the total volume of timber that the licensee would have been entitled to harvest under the licence using the allowable annual cut specified in the licence when the licence was issued less any reductions made under this Act, other than section 54, or the cut control provisions of the licence
NE = the total volume of timber that the licensee is entitled to harvest under the licence after the reduction under section 54 of the allowable annual cut authorized in the licence
NAAC = the allowable annual cut authorized in the licence after the reduction under section 54 of the allowable annual cut authorized in the licence.
(4) If the extension factor contains a fraction before it is rounded up under subsection (2) (b), the allowable annual cut for the last year of the licence shall be determined by multiplying the NAAC determined under subsection (3) by the fraction.
(5) This section does not apply to the holder of a licence, if the notice under section 54 is sent to the holder after the total volume authorized under the licence has been harvested.
9 The following section is added:
52.2 (1) For the purpose of improving the productivity of the forestry resource, the minister may, at the minister's discretion, enter into an agreement with a person referred to in subsection (2) to allow that person to carry out, subject to subsection (5) and the Forest Practices Code of British Columbia Act, one or more of the innovative forestry practices and other activities that are set out in a regulation made under subsection (4).
(2) For the purposes of subsection (1), the minister may enter into an agreement with a person who
(a) is the holder of a forest licence or other agreement that is entered into under section 10 and specified in a regulation made under subsection (4) of this section, and
(b) presents a written proposal for an agreement to the minister.
(3) An agreement under subsection (1)
(a) must be for a term not exceeding 15 years, and
(b) may include terms and conditions that
(i) the minister considers are necessary to effectively carry out the purpose of the agreement and further the social and economic objectives of the Crown, and
(ii) are consistent with this Act and the regulations and the Forest Practices Code of British Columbia Act, and the regulations and standards made under that Act.
(4) The Lieutenant Governor in Council may make regulations specifying
(a) the innovative forestry practices and other activities that may be the subject of an agreement referred to in subsection (1), and
(b) the agreements entered into under section 10, the holders of which may enter into an agreement with the minister under subsection (1) of this section.
(5) A person may only carry out an innovative forestry practice or other activity referred to in subsection (1) if the person
(a) has prepared and obtained the regional manager's approval of a forestry plan that meets the requirements of subsection (6), and
(b) is carrying out the practice or activity in accordance with the plan.
(6) A forestry plan
(a) shall contain a description of the management area where the innovative forestry practices or other activities will be carried out,
(b) shall specify the particulars of the innovative forestry practices or other activities,
(c) shall contain a description of how the innovative forestry practices or other activities will be carried out,
(d) shall contain a schedule of when the innovative forestry practices or other activities will be carried out,
(e) shall specify how the innovative forestry practices or other activities will contribute to improved productivity of the forestry resource,
(f) shall specify how the innovative forestry practices or other activities will justify an increase in the allowable annual cut of the participant's licence or agreement referred to in subsection (2) (a), and
(g) may include other terms and conditions that
(i) the regional manager believes are necessary to effectively carry out the agreement referred to in subsection (1), and
(ii) are consistent with this Act and the regulations and the Forest Practices Code of British Columbia Act, and the regulations and standards made under that Act.
(7) After approving a person's forestry plan, the regional manager may increase the allowable annual cut authorized in the person's licence or agreement referred to in subsection (2) (a) by an amount that is justified according to timber supply analysis methodology approved by the chief forester or the chief forester's designate.
(8) When the regional manager increases an allowable annual cut under subsection (7), the regional manager may limit the increase to a period of time, area of land and type of timber, and may make the increase subject to conditions.
(9) If an assessment of
(a) the innovative forestry practices or other activities being carried out under the forestry plan, or
(b) information that was not available at the time the regional manager increased the allowable annual cut under subsection (7)
indicates that all or part of the allowable annual cut increase was not justified, the regional manager may reduce the allowable annual cut of the licence or agreement referred to in subsection (2) (a) by an amount not exceeding the increase granted under subsection (7).
(10) If, with respect to an innovative forestry practice or other activity, a person is not complying with
(a) the agreement referred to in subsection (1),
(b) the forestry plan approved under subsection (5),
(c) any limitation or conditions imposed under subsection (8), or
(d) this Act and the regulations made under this Act, or the Forest Practices Code of British Columbia Act and the regulations or standards made under that Act,
the regional manager may do one or both of the following:
(e) suspend or cancel the agreement referred to in subsection (1) and sections 59 to 61 apply with respect to that suspension or cancellation;
(f) reduce the allowable annual cut of the person's licence or agreement referred to in subsection (2) (a) by an amount the regional manager determines is attributable to the default.
(11) A reduction under subsection (9) or (10) may be apportioned over a period of up to 5 years.
(12) If the forest licence, or other agreement referred to in subsection (2) (a), is suspended, the agreement under subsection (1) is suspended.
(13) If the forest licence, or other agreement referred to in subsection (2) (a), is cancelled or surrendered, the agreement under subsection (1) is cancelled.
(14) If the agreement referred to in subsection (1) is suspended or cancelled, the forestry plan is suspended or cancelled, as the case may be.
10 Section 54 (3) is amended
(a) in paragraph (a) by striking out "cut, or" and substituting "cut.", and
(b) by repealing paragraph (b).
11 Section 56.1 is repealed and the following substituted:
56.1 (1) In this section "holder of the licence" means the holder of a tree farm licence, timber licence or woodlot licence for the area to which an agreement in the form of a timber sale licence, proposed to be entered into under this section, would apply.
(2) A district manager may enter into an agreement in the form of a timber sale licence under this section with a person other than the holder of the licence.
(3) Sections 16 and 17 apply to an agreement in the form of a timber sale licence under this section except that
(a) the district manager may enter into an agreement in the form of a timber sale licence without advertising and without accepting applications from other persons, and
(b) the licence
(i) must be restricted primarily to the harvest of windthrown, dead, damaged, insect infested or diseased timber or special forest products, and
(ii) must authorize the harvest of a volume of timber or special forest products of less than 2 000 m3.
(4) Before entering into a timber sale licence under this section, the district manager must serve a notice on the holder of the licence inviting the holder to harvest the timber or special forest products that would otherwise be harvested under the proposed timber sale licence.
(5) The district manager must include in the notice under subsection (4) a date by which the harvest must be completed, and in determining that date the district manager must take into account
(a) the time by which the timber or special forest products must be harvested to prevent them from being significantly reduced in value, lost or destroyed or to minimize the spread of an insect infestation,
(b) any seasonal site conditions or constraints that would limit the harvesting of the timber or special forest products, and
(c) the nature and location of the holder of the licence's operations in the holder's licence area.
(6) To be eligible to harvest the timber or special forest products, the holder of the licence must reply to the district manager within 14 days of receiving the notice agreeing to complete the harvest by the date specified in the notice.
(7) If a person to whom a notice under subsection (4) is sent
(a) does not reply and agree, within 14 days of receiving the notice, to harvesting the timber or special forest products, or
(b) replies and agrees, within 14 days of receiving the notice, to harvesting the timber or special forest products but does not do so by the date specified in the notice,
the district manager may enter into a timber sale licence authorizing the harvesting of some or all of the timber or special forest products, if the district manager considers the harvesting will not prevent the person from fulfilling their obligations under this Act or the Forest Practices Code of British Columbia Act.
(8) If a person to whom a notice under subsection (4) is sent replies and agrees within 14 days of receiving the notice to harvest the timber or special forest products but does not do so by the date specified in the notice and as a result timber or special forest products are lost, destroyed or significantly reduced in value, the district manager must determine the amount that, in the district manager's opinion, would have been harvested if a timber sale licence had been issued under this section.
(9) The amount of timber or special forest products harvested under the timber sale licence entered into under this section, or the amount that the district manager determines under subsection (8) would have been harvested, is deemed, for the purposes of paragraphs (a) and (e) of the definition of "volume of timber harvested during a calendar year" in section 49 (1), to be harvested under the tree farm licence or woodlot licence of the person to whom the notice is sent under subsection (4) of this section.
56.2 (1) In this section:
"holder of the licence" means the holder of a forest licence or timber sale licence for the area to which an agreement in the form of a timber sale licence, proposed to be entered into under this section, would apply;
"operational plan" means an operational plan as defined in the Forest Practices Code of British Columbia Act.
(2) Section 56.1 (2) and (3) applies to this section.
(3) Before entering into a timber sale licence under this section, the district manager must serve a notice on the holder of the licence whose operational plan applies to the area to which the proposed timber sale licence would apply, inviting the holder of the licence to harvest the timber or special forest products that would otherwise be harvested under the proposed timber sale licence.
(4) The district manager must include in the notice under subsection (3) a date by which the harvest must be completed, and in determining that date the district manager must take into account
(a) the time by which the timber or special forest products must be harvested to prevent them from being significantly reduced in value, lost or destroyed or to minimize the spread of an insect infestation,
(b) any seasonal site conditions or constraints that would limit the harvesting of the timber or special forest products, and
(c) the nature and location of the holder of the licence's operations in the timber supply area to which the proposed timber sale licence would apply.
(5) To be eligible to harvest the timber or special forest products, the holder of the licence must reply to the district manager within 14 days of receiving the notice agreeing to complete the harvest by the date specified in the notice.
(6) If a person to whom a notice under subsection (3) is sent
(a) does not reply and agree, within 14 days of receiving the notice, to harvesting the timber or special forest products, or
(b) replies and agrees, within 14 days of receiving the notice, to harvesting the timber or special forest products but does not do so by the date specified in the notice,
the district manager may enter into a timber sale licence authorizing the harvesting of some or all of the timber or special forest products, if the district manager considers the harvesting will not prevent the person from fulfilling their obligations under this Act or the Forest Practices Code of British Columbia Act.
(7) If a person to whom a notice under subsection (3) is sent replies and agrees within 14 days of receiving the notice to harvest the timber or special forest products but does not do so by the date specified in the notice, and as a result timber or special forest products are lost, destroyed or significantly reduced in value, the district manager must determine the amount that, in the district manager's opinion, would have been harvested if a timber sale licence had been issued under this section.
(8) The amount of timber or special forest products harvested under the timber sale licence entered into under this section, or the amount that the district manager determines under subsection (7) would have been harvested, is deemed to be harvested under the forest licence or timber sale licence of the person to whom the notice is sent under subsection (3)
(a) for the purposes of paragraphs (a) and (e) of the definition of "volume of timber harvested during a calendar year" in section 49 (1), if the licence is replaceable, or
(b) for the purposes of the cut control provisions of the licence, if the licence is non-replaceable.
12 Section 63 is amended by striking out "54 to 57, or 95." and substituting "54, 55, 55.1, 55.2, 55.3, 55.4, 55.5, 56, 56.01, 56.1, 56.2, 57 or 95."
13 Section 91.1 (1) (b) (ii) is amended by striking out "permit." and adding "permit, special use permit, cutting permit or timber sale licence that does not provide for cutting permits."
14 Section 91.1 (4) (b), 92 (1) (b) and (2) (b) and 93.1 (a) (ii) are amended by adding "special use permit, cutting permit or timber sale licence that does not provide for cutting permits," after "active road permit,".
15 Section 154 (1) (c) is amended by adding "52.2 (9) and (10)," after "52,".
16 Section 158 (2) (d.1) is repealed.
17 The following section is added:
158.01 (1) In this section "custodian" means the custodian designated under subsection (7).
(2) The Lieutenant Governor in Council may, by regulation,
(a) establish an area of British Columbia as a forest district,
(b) abolish, change the boundaries of or change the name of a forest district, and
(c) consolidate 2 or more forest districts.
(3) A forest district established under subsection (2) is a forest district for the purposes of section 2 (1) (d) of the Ministry of Forests Act.
(4) A regulation made under subsection (2) may establish the boundaries of forest districts by reference to maps that are available to the public and that are kept by the Ministry of Forests
(a) in paper form, or
(b) as information that
(i) is stored electronically in a database controlled by the custodian, and
(ii) can be reproduced as a map in paper form.
(5) A regulation made under subsection (2) may provide that the boundaries of a forest district are as set out from time to time in a map referred to in subsection (4), but if such a regulation is made, a change to a boundary has no effect until a notice of the change is published in the Gazette.
(6) A regulation made under subsection (2) may be made retroactive to the date on which this section comes into force.
(7) The minister may designate a person employed in the Ministry of Forests to be the custodian of the database under subsection (4) (b) with the title of Custodian of the Forest Cover Map Database.
(8) A map in paper form that is certified by the custodian as having been reproduced from information stored electronically in the database controlled by the custodian is, without proof of the signature or official position of the custodian, evidence of the boundary of the forest district.
(9) For the purposes of subsection (8) the custodian's signature may be reproduced mechanically or electronically.
18 Section 158.6 (b) is amended by striking out ", other than a replacement subcontract," and substituting ", including a replacement subcontract,".
19 Section 165 is amended by repealing the definition of "special use permit".
Forest Practices Code of British Columbia Act
20 Section 1 (6) of the Forest Practices Code of British Columbia Act, S.B.C. 1994, c. 41, is repealed and the following substituted:
(6) If a regulation is made under subsection (7), a district manager may, in accordance with the regulation, delegate any of the district manager's powers or duties to a person employed in the Ministry of Forests.
(7) The Lieutenant Governor in Council may by regulation
(a) authorize one or more district managers to delegate any of the district manager's powers or duties under the regulations, or under the provisions set out in subsection (8), to a person employed in the Ministry of Forests,
(b) limit the powers and duties that may be delegated, and
(c) limit the persons or classes of persons to whom the district manager may delegate.
(8) A regulation under subsection (7) may authorize the delegation of powers and duties under the regulations or under sections 18 (7), 19 to 33, 35 to 41, 44, 49, 50, 52, 54, 59 to 61, 63 (4.1) and (6), 64, 65, 69, 73, 74, 101 (1), 228, 229, 231, 235, 237 or 239.
(9) With respect to a power or duty exercised by a delegate under subsection (6), the provisions of this Act or a regulation or standard made under this Act apply to the delegate as if the delegate were the district manager.
21 Section 41 is amended by repealing subsections (6) and (7) and substituting the following:
(6) If a forest development plan or amendment covers an area in a community watershed, or an area that meets prescribed requirements, the portion of the forest development plan or amendment that covers the area requires the approval of both the district manager and a designated environment official.
(7) The designated environment official must approve the portion, referred to in subsection (6), of a forest development plan or amendment if the designated environment official is satisfied that the portion
(a) was prepared and submitted in accordance with this Act, the regulations and standards, and
(b) will adequately manage and conserve the forest resources of the area to which it applies.
22 Section 47 (5) is amended by striking out "dispersed disturbance" and substituting "soil disturbance".
23 Section 54 is amended
(a) in subsection (1) by adding "Christmas tree permit," after "under a", and
(b) by repealing subsection (3) and substituting the following:
(3) A person must not use a road, for which there is a road permit, special use permit, cutting permit or timber sale licence that does not provide for cutting permits, for timber harvesting and related forest practices, or any other industrial purpose, unless the person is authorized to do so under that permit or licence or under a road use permit.
24 Section 64 is amended
(a) in subsection (1) by repealing paragraphs (b) and (c) and substituting the following:
(b) this Act, the regulations and standards,
(c) the road permit, cutting permit, timber sale licence that does not provide for cutting permits or special use permit, and
(d) any road deactivation prescription. , and
(b) by repealing subsections (5) and (6) and substituting the following:
(5) A person must not carry out a permanent or semi-permanent deactivation of a road unless, in accordance with the regulations, the person prepares and obtains the district manager's approval of a road deactivation prescription for the road.
(5.1) In the case of a temporary deactivation of a road, if the district manager is of the opinion that a road deactivation prescription is necessary to adequately manage and conserve the forest resources of British Columbia, the district manager must give written notice of this requirement to the person charged with carrying out the temporary deactivation.
(5.2) If a person receives written notice under subsection (5.1), the person must prepare and obtain the district manager's approval of a road deactivation prescription.
(6) The district manager must not carry out a permanent or semi-permanent deactivation of a road unless, in accordance with the regulations, the district manager prepares a road deactivation prescription for the road.
(6.1) The district manager must prepare a road deactivation prescription before carrying out a temporary deactivation of a road if the district manager is satisfied that the prescription is necessary to adequately manage and conserve the forest resources of British Columbia.
25 Section 70 (1) is amended in the definition of "commencement date"
(a) in paragraph (b) by striking out "or 23 (1)," and by striking out "the prescription, or" and substituting "the prescription,",
(b) in paragraph (c) by striking out "22 (4) or 23 (2)," and substituting "22 (4) to (6),", and
(c) by adding the following paragraphs:
(d) for a silviculture prescription under section 23, the date any silviculture treatment under the prescription begins,
(e) for a pre-harvest silviculture prescription that was prepared or approved by the district manager and that was in effect on June 15, 1995, the date when timber harvesting, excluding road and landing construction, begins on the area under the prescription, or
(f) for a silviculture prescription that was prepared or approved by the district manager and that was in effect on June 15, 1995, the date the district manager prepared the prescription or approved it; .
26 Section 98 is repealed and the following substituted:
98 A person must not cause or permit livestock to be driven on, or to graze on Crown range unless
(a) authorized to do so under an agreement under the Range Act, or under a silviculture prescription or a special use permit under this Act, and
(b) the person acts in accordance with this Act, the regulations, the standards and any range use plan, silviculture prescription or special use permit.
27 The following section is added to Division 2 of Part 6:
116.1 A person must not, without the permission of the district manager, remove, alter, destroy or deface a notice posted by the government for the purposes of notifying the public that
(a) something is seized under section 115, or
(b) livestock is seized under section 116.
28 Section 145 (4) is amended
(a) by renumbering paragraph (a) as paragraph (a.1), and
(b) by adding the following paragraph:(a) acting in accordance with section 2 (4), .
29 The following section is added:
165.1 (1) A document purporting to have been issued by one of the ministers certifying that the minister has designated a person as an official or senior official under this Act is admissible as evidence of the designation without proof of the signature or official character of the minister purporting to have signed the document.
(2) A document purporting to have been issued by a district manager certifying that the district manager has delegated a power or duty to a person under this Act is admissible as evidence of the delegation without proof of the signature or official character of the district manager purporting to have signed the document.
30 Section 212 is amended
(a) in subsection (1) by striking out "and" at the end paragraph (a), by adding ", and" at the end of paragraph (b) and by adding the following paragraph:
(c) the regulation or prohibition of road construction, maintenance or deactivation. , and
(b) in subsection (2) by striking out "subsection (1)" and substituting "subsection (1) (a) or (b)".
31 Section 221 is amended
(a) in subsection (4) by striking out "one year" and substituting "2 years", and
(b) in subsection (5) by striking out "one year" and substituting "2 years".
32 Section 229 (3) is amended by striking out everything before paragraph (a) and substituting "Despite section 18 or 19, during the 18 month period that begins on December 15, 1995, if the district manager prepares or approves a forest development plan or an amendment to a forest development plan or a designated environmental official approves a portion of a forest development plan or amendment under section 41 (6) and (7), the plan or amendment must".
Range Act
33 Section 28 of the Range Act, R.S.B.C. 1979, c. 355, is amended by striking out "this Act, the regulations and the Livestock Act." and substituting "this Act and the regulations made under this Act, the Livestock Act and the regulations made under that Act and the Forest Practices Code of British Columbia Act and the regulations and the standards made under that Act."
34 (1) All purported appointments of district managers under the Ministry of Forests Act made before the coming into force of this section are confirmed and validated retroactive to the date of each appointment.
(2) Every decision, order, approval, refusal, entering into an agreement or other act of any kind, including a quasi-judicial act, made before the coming into force of this section by or on behalf of a person acting as a district manager pursuant to a purported appointment under the Ministry of Forests Act is not invalid by reason only that
(a) there was a defect in the purported appointment of the district manager, or
(b) there was no forest district defining the area of the district manager's jurisdiction.
(3) This section is retroactive to the extent necessary to give full force and effect to its provisions and is not to be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.
35 (1) Sections 9, 17, 18, 20 and 34 come into force by regulation of the Lieutenant Governor in Council.
(2) Section 21 is deemed to have come into force on June 15, 1995 and is retroactive to the extent necessary to give it effect on and after that date.
(3) Section 31 is deemed to have come into force on June 15, 1996 and is retroactive to the extent necessary to give it effect on and after that date.
(4) Section 32 is deemed to have come into force on December 15, 1995 and is retroactive to the extent necessary to give it effect on and after that date.
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