1997 Legislative Session: 2nd 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 29th day of July, 1997
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. 1996, c. 157, is amended
(a) in the definition of "small business forest enterprise revenue" by repealing paragraphs (b) and (c) and substituting the following:
(b) timber sale licences granted under section 21,
(c) timber sale licences granted under
(i) sections 23 (1) (c), (d), (e) and (f), (2), (3) and 24 (7), and
(ii) section 24 (2) that have an allowable annual cut of 10 000 m3 or less, and
(d) forest licences granted under section 13 to small business forest enterprises within any of the categories referred to in section 13 (1.1), , and
(b) by adding the following definitions:
"Forest Appeals Commission or commission" means the Forest Appeals Commission continued under the Forest Practices Code of British Columbia Act;
"higher level plan" means a higher level plan under the Forest Practices Code of British Columbia Act;
"operational plan" means an operational plan under the Forest Practices Code of British Columbia Act;
"range use plan" means a range use plan under the Forest Practices Code of British Columbia Act; .
2 Section 13 is amended by adding the following subsection:
(1.1) The minister or a person authorized by the minister may specify that applications for forest licences are to be accepted only from one or more categories of small business forest enterprises as established by regulation.
3 Sections 14 (e), 22 (d), 30 (e), 35 (1) (f) and 45 (e) are amended by adding ", or a forest officer authorized by the district manager" after "by the district manager".
4 Section 23 is amended
(a) by repealing subsection (1) (c) and substituting the following:
(c) timber, in the opinion of the regional manager or district manager,
(i) is in danger, as a result of an insect infestation, fire, disease or windthrow, of being significantly reduced in value, lost or destroyed, and
(ii) must be removed to prevent the reduction in value, loss or destruction, ,
(b) in subsection (1) by striking out "or" at the end of paragraph (d) and by adding the following paragraphs:
(f) the timber sale licence is with a person that, in conjunction with the small business forest enterprise program, is contracted by the government to construct major works, for example, a forest access road, and in the opinion of the regional manager or district manager, it is desirable to remove timber from the contract area in coordination with the works contract, or
(g) the timber sale licence is with a person carrying out activities under a range use plan or under a consent under section 101 or 102 of the Forest Practices Code of British Columbia Act. , and
(c) by repealing subsection (3) and substituting the following:
(3) Despite this Division, the regional manager, a district manager or a forest officer authorized by either of them, without advertising or accepting applications from other persons, may enter into an agreement in the form of a timber sale licence, if the estimate of the volume of timber to be harvested under the licence is not greater than 500 m3.
5 The following section is added:
35.1 (1) In this section, "forest resources" and "recreation resources" have the same meaning as in the Forest Practices Code of British Columbia Act.
(2) If, having regard to the factors listed in subsection (5), the chief forester determines that a management plan for a tree farm licence does not satisfactorily provide for an inventory of the forest, recreation and cultural heritage resources of the tree farm licence area, the chief forester may give a notice to the holder of the licence requiring the holder of the licence to compile and submit the inventories set out in the notice.
(3) The notice given under subsection (2) may specify the following requirements:
(a) the manner in which the inventories are prepared;
(b) the format in which the inventories are presented;
(c) the specifications the inventories must meet;
(d) the date the inventories must be submitted to the chief forester.
(4) In addition to compiling any inventories required under the management plan, the holder of the tree farm licence must compile and submit the inventories required in the notice given under subsection (2) and comply with any requirements referred to in subsection (3) that are set out in the notice.
(5) The chief forester may determine that a management plan for a tree farm licence does not satisfactorily provide for an inventory of the forest, recreation and cultural heritage resources of the tree farm licence area if, in the opinion of the chief forester, inventories prepared in accordance with the management plan would not provide sufficient information to adequately
(a) establish and carry out higher level plans,
(b) prepare and carry out operational plans,
(c) manage and conserve the forest, recreation and cultural heritage resources of the tree farm licence area, and
(d) assess the impact that managing the resources referred to in paragraph (c) would have on the timber supply for the tree farm licence area.
6 Section 44 is amended
(a) in subsection (4) (a) by striking out "or leased", and
(b) in subsection (7) (b) by striking out "or held under lease".
7 Section 49 is amended
(a) in subsection (3) by striking out "appeal the decision to the regional manager" and substituting "require a review of the decision by the regional manager", and
(b) by repealing subsection (4) and substituting the following:
(4) Only sections 143 (3) and (4), 144 and 145 apply to a review under subsection (3).
8 Section 51 is amended
(a) by repealing subsection (2) and substituting the following:
(2) A licence to cut entered into under this Act
(a) if it is a licence to cut in the form of a master agreement must
(i) be for a term not exceeding 3 years, and
(ii) provide that the district manager, or a forest officer authorized by the district manager, is to issue, subject to the licence, this Act and the Forest Practices Code of British Columbia Act, cutting permits that authorize the licence holder to harvest Crown timber from specified areas of land within the area or areas of land specified in the licence,
(b) subject to section 104, must require payment of stumpage, and
(c) may include other terms and conditions, 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, determined by the regional manager or district manager or by a forest officer authorized by either of them. , and
(b) by adding the following subsections:
(3) A licence to cut may be, but is not required to be, in the form of a master agreement that applies to all timber harvested for one or more of the following purposes by the holder of the agreement in all or part of a forest district, whether or not the holder has the right to occupy the area to which the master agreement applies:
(a) geophysical exploration, under the Petroleum and Natural Gas Act;
(b) development activities associated with well sites or pipelines under the Pipeline Act or the Petroleum and Natural Gas Act;
(c) roads associated with activities referred to in paragraph (a) or (b).
(4) The district manager or the forest officer authorized by the district manager must not issue a cutting permit to the holder of a licence to cut in the form of a master agreement described in subsection (3) unless the holder has written authority from the government to occupy the Crown land covered by the cutting permit.
9 Section 56 (11) is amended by striking out "subsection (1)" and substituting "subsections (1) and (5)".
10 Section 67 (3) is amended by striking out "or" at the end of paragraph (a), by adding ", or" at the end of paragraph (b) and by adding the following paragraph:
(c) the minister or a person authorized by the minister under section 13, by way of a forest licence referred to in section 13 (1.1) .
11 Section 78 is amended
(a) by renumbering the section as section 78 (1),
(b) by repealing subsection (1) (d) and substituting the following:
(d) disqualify that person, indefinitely or for a specified period, from being registered as a small business forest enterprise, , and
(c) by adding the following subsections:
(2) The regional manager or the district manager may impose conditions that a person referred to in subsection (1) (d) must comply with before a disqualification under that section is lifted.
(3) Sections 76 and 77 do not apply to a cancellation or suspension under subsection (1) (f) or (g).
12 Section 81 is amended
(a) by repealing subsections (1) (b) (i) and (2) (c) (i), and
(b) by repealing subsection (3) and substituting the following:
(3) To the extent provided in the regulations, the minister, regional manager or district manager, as the case may be, may reject an application for any of the following on either of the grounds set out in subsection (4):
(a) an agreement listed in section 12;
(b) a permit not listed in section 12 that is issued under this Act or under an agreement;
(c) a permit under the Forest Practices Code of British Columbia Act.
(4) The grounds for rejection referred to in subsection (3) are that the applicant is the holder of an agreement or permit listed in that subsection and
(a) rights under the agreement or permit so held are under suspension, or
(b) the applicant, in respect of the agreement or permit so held has failed to provide, perform or comply as referred to in subsection (1) (b) (ii), (iii) or (iv).
(5) An application for any of the following may be refused on either of the grounds set out in subsection (6):
(a) an agreement listed in section 12;
(b) a permit not listed in section 12 that is issued under this Act or under an agreement;
(c) a scale site authorization under section 95 of this Act;
(d) a permit under the Forest Practices Code of British Columbia Act.
(6) The grounds for refusal referred to in subsection (5) are that the applicant, or a person not at "arm's length", as defined in the Income Tax Act (Canada), from the applicant
(a) has not paid stumpage or other money payable to the government by the due date under section 130, or
(b) has not made arrangements satisfactory to the regional manager or district manager to pay the stumpage or other money.
13 Section 84 is amended
(a) in subsection (1) by adding "or transported" after "removed",
(b) by repealing subsection (3) and substituting the following:
(3) A person must not remove or transport timber from Crown land or from private land unless the timber has been conspicuously marked in the prescribed manner with a timber mark. , and
(c) by adding the following subsection:
(6) Each of the following must ensure compliance with the conditions attached to an exemption under subsection (5):
(a) the holder of a timber mark;
(b) a person acting with the consent of the holder of a timber mark;
(c) a person removing or transporting timber from Crown land or from private land.
14 Section 86 is amended
(a) in subsection (1) by adding "or transported" after "removed",
(b) by repealing subsection (2) and substituting the following:
(2) A person must not
(a) remove or transport scaled timber from a scale site unless the timber has been conspicuously marked in the prescribed manner with a scaled timber brand, or
(b) apply a scaled timber brand to timber except at
(i) the scale site to which the scaled timber brand applies, or
(ii) another location approved by the district manager. , and
(c) by adding the following subsection:
(3.1) Each of the following must ensure compliance with the conditions attached to an exemption under subsection (3):
(a) the holder of a scaled timber brand;
(b) a person acting with the consent of the holder of a scaled timber brand;
(c) a person removing or transporting scaled timber from a scale site.
15 Section 87 is amended
(a) in subsection (2) by striking out "regional manager may cancel" and substituting "regional manager or district manager may suspend", and
(b) by adding the following subsections:
(3) On application of the holder of the scaled timber brand, the person who suspended the certificate and the scaled timber brand described in it must give the holder an opportunity to be heard and must rescind the suspension if
(a) the holder is no longer in contravention of the provision that gave rise to the suspension, or
(b) the suspension was for sufficient cause under subsection (2) (b), and the holder has remedied the circumstances that gave rise to the suspension.
(4) If a certificate and the scaled timber brand described in it are under suspension, the person who suspended them may cancel them.
16 Section 95 is amended
(a) by repealing subsection (3) (b) (i) and (ii) and substituting the following:
(i) Part 5, 6, 7, 9, 10 or 11,
(ii) a regulation made under section 151 (2) (c), (d), (h), (i) or (n), or , and
(b) by repealing subsection (6) (a) and (b) and substituting the following:
(a) Part 5, 6, 7, 9, 10 or 11,
(b) a regulation made under section 151 (2) (c), (d), (h), (i) or (n), or .
17 Section 96 is amended by adding the following subsection:
(3) A person whose timber is scaled under this Part must ensure that a complete and accurate scale of the timber is performed.
18 Section 97 (4) is amended by striking out "If," and substituting "Subject to section 99 (5), if,".
19 Section 98 is repealed and the following substituted:
98 (1) A person whose timber is scaled by an employee of the government must pay to the government the charges, costs and expenses incurred by the government in respect of
(a) making and recording the scale measurements,
(b) preparing and submitting the scale return, and
(c) the scale computation, summarization and billing.
(2) A person whose timber is scaled by a person who is not an employee of the government must pay to the government the charges, costs and expenses incurred by the government in respect of preparing, compiling and submitting the scale return.
(3) A person is not required to pay charges, costs and expenses under subsection (2) that total less than a prescribed amount.
20 Section 99 is amended
(a) in subsection (2) by striking out everything before paragraph (a) (ii) and substituting the following:
(2) If the volume or value of the timber computed from the second scale return
(a) varies by more than a prescribed percentage from the volume or value computed from the original scale return,
(i) the second scale return governs for all purposes of this Act and the regulations, ,
(b) in subsection (2) (b) by striking out everything before subparagraph (ii) and substituting the following:
(b) does not vary by more than a prescribed percentage from the volume or value computed from the original scale return,
(i) the original scale return governs for all purposes of this Act and the regulations, and , and
(c) by adding the following subsections:
(3) A scaler whose scale has been replaced by a check scale under section 97 (4) may request a second check scale, by notice served on the regional manager, district manager or forest officer.
(4) The regional manager, district manager or forest officer must have a second check scale performed, if feasible.
(5) If the volume or value of the timber computed from the second check scale details
(a) varies from the volume or value of the timber computed from the original scale details by more than a prescribed percentage,
(i) the second check scale governs for all purposes of this Act and the regulations, and
(ii) the scaler who requested the second check scale must pay to the government the charges, costs and expenses incurred by the government in respect of the second check scale, or
(b) does not vary from the volume or value of the timber computed from the original scale details by more than a prescribed percentage,
(i) the original scale governs for all purposes of this Act and the regulations, and
(ii) no charges, costs and expenses are payable to the government.
21 Section 105 (1) is amended by striking out "a regional manager or forest officer authorized by the regional manager," and substituting "an employee of the ministry identified in the policies and procedures referred to in subsection (1) (b),".
22 Section 109 (3) is amended
(a) in paragraph (a) (i) by striking out ", access management plans", and
(b) in paragraph (b) by striking out "section 22 (1) (a)" and substituting "section 22 (1) (a) and (1.1)".
23 Section 114 is repealed and the following substituted:
114 In this Part, "forest development plan" means a forest development plan under the Forest Practices Code of British Columbia Act.
24 Section 115 is amended
(a) in subsection (2) by striking out "or an access management plan", and
(b) in subsections (3) (b) and (4) by striking out "or access management plan".
25 Section 117 (2) (e) is amended by striking out "or access management plan".
26 Section 118 (b) is repealed and the following substituted:
(b) authorize its holder to
(i) use the road, and
(ii) if applicable,
(A) construct or modify the road, or
(B) on Crown land that is in a Provincial forest and is in the area covered by the road permit, manage and use that land for sand pits, gravel pits, rock quarries or other quarries that are adjacent to the road covered by the road permit and provide materials for the construction, modification or maintenance of the road,
in accordance with the road permit, this Act and the regulations and the Forest Practices Code of British Columbia Act and the regulations and the standards made under that Act, .
27 Section 120 (10) is amended by striking out "an appeal board." and substituting "the Forest Appeals Commission."
28 Section 129 is amended by deleting "section 136" and substituting "section 128".
29 Section 142 (f) is repealed and the following substituted:
(f) member of the Forest Appeals Commission or an arbiter or a person exercising a power or performing a duty in connection with a mediation, arbitration or appeal provided for by regulation .
30 Section 143 is amended
(a) by repealing subsection (1) and substituting the following:
(1) A review may be required under this Division of
(a) a determination, order or decision of a district manager under paragraph (d) of the definition in section 53 (1) of "volume of timber harvested during a calendar year" or under section 76 (1), (2) or (6), 77 (1) (c), 78 or 112 (2),
(b) a determination, order or decision of a regional manager under paragraph (d) of the definition in section 53 (1) of "volume of timber harvested during a calendar year" or under section 59, 59.1 (9) or (10), 66 (6) (b), 70 (2) or (4), 71(1) (d), 75, 76 (1), (2) or (6), 77 (1) (b) or 112 (2), and
(c) a determination of an employee of the ministry under section 105 (1). ,
(b) in subsection (2) (a) by striking out "(1) (a) and (b)" and substituting "(1) (a) and (c)", and
(c) in subsection (2) (b) by striking out "(1) (c)" and substituting "(1) (b)".
31 Section 144 is amended
(a) in subsection (1) by striking out "written request for review" and substituting "request for review", and
(b) by repealing subsections (2) and (3) and substituting the following:
(2) The person must ensure that the request for review meets the content requirements of the regulations.
(3) The person must serve the request for review on the person responsible for conducting the review under section 143 (2) not later than 3 weeks after the date the notice of determination, order or decision is served on the person.
(3.1) After the request for review is served under subsection (1), the person requesting the review and the government must disclose the facts and law on which the person or government will rely at the review if required by the regulations and in accordance with the regulations.
32 Section 145 is repealed and the following substituted:
145 (1) The person responsible for conducting a review under section 143 (2) or (3) may decide the matter based on one or more of the following:
(a) the request for review and a review of the ministry's files;
(b) the request for review, the ministry's files and any other communication with persons that the person conducting the review considers necessary to decide the matter, including communication with the person requesting the review and with the person who made the determination, order or decision;
(c) an oral hearing.
(2) The person responsible for conducting the review may confirm, vary or rescind the determination, order or decision or refer it back to the person who made it, with or without directions.
(3) A written decision must be served on the person who requested the review within
(a) the prescribed period after the request for review was received by the person responsible for conducting the review under section 143 (2), or
(b) another period agreed to by the person who requested the review and the government.
(4) Despite subsection (3), if the person conducting the review determines that the request for review does not comply with the content requirements of the regulations, or that there was a failure to disclose facts and law required under section 144 (3.1), the prescribed period referred to in subsection (3) of this section does not begin until a request for review that does comply with the content requirements of the regulations is served on the person conducting the review, or the facts and law are disclosed as required under section 144 (3.1).
(5) A person conducting a review of a determination made under section 105 must apply the policies and procedures approved by the minister under section 105 that were in effect at the time of the initial determination.
(6) Unless the minister orders otherwise, a review of a determination, order or decision does not operate as a stay or suspend the operation of the determination, order or decision.
33 Section 146 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Subject to subsection (3), an appeal may be made to the Forest Appeals Commission from a determination, order or decision of
(a) a district manager or regional manager, under the provisions referred to in section 143 (1) (a) and (b),
(b) an employee of the ministry, under section 105 (1),
(c) the chief forester, under section 60 (2), 68, 70 (1), 77 (1) (a) or 112 (1), and
(d) the chief forester, by way of a determination under section 66 (4) (b) or (5) (b), of the area of Crown land described in that section. ,
(b) in subsection (2) by striking out "subsection (1) (a)" and substituting "subsection (1) (a) and (b)",
(c) in subsection (3) by striking out "the appeal board" and substituting "the commission", and
(d) in subsection (4) by striking out "or an agreement entered into under this Act".
34 Section 147 is amended
(a) by repealing subsection (1) (c) and (d) and substituting the following:
(c) serving a notice of appeal on the commission
(i) in the case of a determination, order or decision that has been reviewed, not later than 3 weeks after the date the written decision is served on the person under section 145 (3), and
(ii) in the case of a determination, order or decision that has not been reviewed, not later than 3 weeks after that date the determination, order or decision is served on the person under the provisions referred to in section 146 (1) (c) and (d), and
(d) enclosing a copy of the determination, order or decision appealed from. ,
(b) by repealing subsection (2) and substituting the following:
(2) If the appeal is from a determination, order or decision as varied under section 145, the appellant must include a copy of the review decision with the notice of appeal served under subsection (1). ,
(c) by adding the following subsection:
(3.1) After the notice of appeal is served under subsection (1), the appellant and the government must disclose the facts and law on which the appellant or government will rely at the appeal if required by the regulations and in accordance with the regulations. , and
(d) in subsection (4) by striking out "the minister" and substituting "the chair or a member of the commission".
35 Section 148 is repealed and the following substituted:
148 (1) The commission, after receiving the notice of appeal, must
(a) promptly hold a hearing, or
(b) hold a hearing within the prescribed period, if any.
(2) Despite subsection (1), if the commission determines that the notice of appeal does not comply with the content requirements of the regulations, or that there was a failure to disclose facts and law required under section 147 (3.1), the commission need not hold a hearing within the prescribed period referred to in subsection (1) of this section, but must hold a hearing within the prescribed period after service of a notice of appeal that does comply with the content requirements of the regulations, or the facts and law are disclosed as required under section 147 (3.1).
(3) Only the appellant and the government are parties to the appeal.
(4) The parties may
(a) be represented by counsel,
(b) present evidence, including but not limited to evidence that was not presented in the review under Division 1 of this Part,
(c) if there is an oral hearing, ask questions, and
(d) make submissions as to facts, law and jurisdiction.
(5) A person who gives oral evidence may be questioned by the commission or the parties to the appeal.
36 The following sections are added:
148.1 (1) The commission or a member of it may order the parties to an appeal to deliver written submissions.
(2) If the appellant does not deliver a written submission ordered under subsection (1) within the time specified in the order, the commission may dismiss the appeal.
(3) The commission must ensure that each party to the appeal has the opportunity to review written submissions from the other party and an opportunity to rebut the written submissions.
148.2 The commission or a member of it may make an interim order in an appeal.
148.3 Hearings of the commission are open to the public.
148.4 The commission or a member of it has the same power as the Supreme Court has for the trial of civil actions
(a) to summon and enforce the attendance of witnesses,
(b) to compel witnesses to give evidence on oath or in any other manner, and
(c) to compel witnesses to produce records and things.
148.5 The failure or refusal of a person
(a) to attend,
(b) to take an oath,
(c) to answer questions, or
(d) to produce the records or things in his or her custody or possession,
makes the person, on application to the Supreme Court, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.
148.6 (1) The commission may admit as evidence in an appeal, whether or not given or proven under oath or admissible as evidence in a court,
(a) any oral testimony, or
(b) any record or other thing
relevant to the subject matter of the appeal and may act on the evidence.
(2) Nothing is admissible in evidence before the commission or a member of it that is inadmissible in a court because of a privilege under the law of evidence.
(3) Subsection (1) does not override an Act expressly limiting the extent to or purposes for which evidence may be admitted or used in any proceeding.
(4) The commission may retain, call and hear an expert witness.
37 Section 149 is repealed and the following substituted:
149 (1) On an appeal, whether or not the person who conducted the review confirmed, varied or rescinded the determination, order or decision being appealed, the commission may consider the findings of
(a) the person who made the initial determination, order or decision, and
(b) the person who conducted the review.
(2) On an appeal, the commission may
(a) confirm, vary or rescind the determination, order or decision, or
(b) refer the matter back to the person who made the initial determination, order or decision with or without directions.
(3) If the commission decides an appeal of a determination made under section 105, the commission must, in deciding the appeal, apply the policies and procedures approved by the minister under section 105 that were in effect at the time of the initial determination.
(4) The commission may order that a party pay any or all of the actual costs in respect of the appeal.
(5) After filing in the court registry, an order under subsection (4) has the same effect as an order of the court for the recovery of a debt in the amount stated in the order against the person named in it, and all proceedings may be taken as it if were an order of the court.
(6) Unless the minister orders otherwise, an appeal under this Division does not operate as a stay or suspend the operation of the determination, order or decision under appeal.
38 The following sections are added:
149.1 (1) The commission must make a decision promptly after the hearing and serve copies of the decision on the appellant and the minister.
(2) On request of the appellant or the minister, the commission must provide written reasons for the decision.
(3) The commission must serve a decision within the prescribed period, if any.
149.2 If it appears that a person has failed to comply with an order or decision of the commission or a member of it, the commission, minister or appellant may apply to the Supreme Court for an order
(a) directing the person to comply with the order or decision, and
(b) directing the directors and officers of the person to cause the person to comply with the order or decision.
39 Section 150 is repealed and the following substituted:
150 (1) The appellant or the minister, within 3 weeks after being served with the decision of the commission, may appeal the decision of the commission to the Supreme Court on a question of law or jurisdiction.
(2) On an appeal under subsection (1), a judge of the Supreme Court, on terms he or she considers appropriate, may order that the decision of the commission be stayed in whole or in part.
(3) An appeal from a decision of the Supreme Court lies to the Court of Appeal with leave of a justice of the Court of Appeal.
40 Section 151 (2) is amended
(a) by repealing paragraph (e) and substituting the following:
(e) the payment of deposits to the government and the circumstances under which deposits may be realized;
(e.1) the imposition of fees payable to the government; ,
(b) by repealing paragraph (q) and substituting the following:
(q) the practice, procedure and forms for reviews and appeals; , and
(c) by adding the following paragraphs:
(s) the circumstances under which a review or appeal may be dismissed on the basis that the request for review or notice of appeal does not meet the content requirements of the regulations, or that there was a failure to disclose facts and law as required by the regulations;
(t) the costs of reviews and appeals and the apportionment of those costs between the government and the appellant;
(u) the number of members of the commission that constitutes a quorum of the commission or a panel of the commission;
(v) fees and deposits respecting applications for reviews and appeals;
(w) the period in which the commission must hold a hearing after receiving a notice of appeal;
(x) the period in which the commission must serve a decision after hearing an appeal.
41 Section 163 (a) is amended by striking out "84 (1), (2), (3) or (4), 86 (1), (2) or (4)," and substituting "84 (1), (2), (3), (4) or (6), 86 (1), (2), (3.1) or (4),".
42 Sections 2 (a) and 6 of the Supplement to the Forest Act are repealed.
Forest Practices Code of British Columbia Act
43 The preamble to the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, is amended by repealing paragraph (c) and substituting the following:
(c) balancing economic, productive, spiritual, ecological and recreational values of forests to meet the economic, social and cultural needs of peoples and communities, including First Nations, .
44 Section 1 (1) is amended
(a) in the definition of "commission" by striking out "established" and substituting "continued",
(b) in the definition of "cutblock" by adding "or a cutting permit issued under a master licence to cut" after "licence to cut",
(c) by repealing the definition of "designated energy, mines and petroleum resources official" and substituting the following:
"designated employment and investment official" means a person employed in the Ministry of Employment and Investment who is designated by name or title to be a designated employment and investment official by the minister of that ministry for the purpose of a provision of this Act or the regulations that is set out in the designation; ,
(d) by repealing the definition of "determination" and substituting the following:
"determination" means any act, decision, procedure, levy, finding, order or other determination made under this Act, the regulations or the standards by a reviewer, official or senior official; ,
(e) in paragraph (b) (i) of the definition of "forest practice" by adding the following clause:
(A.1) under an agreement with Forest Renewal BC, ,
(f) in paragraph (b) (i) (C) of the definition of "forest practice" by adding ", (A.1)" after "clause (A)",
(g) by repealing the definition of "higher level plan" and substituting the following:
"higher level plan" means an objective
(a) for a resource management zone,
(b) for a landscape unit or sensitive area,
(c) for a recreation site, recreation trail or interpretive forest site, and
(d) established under section 7.1 from a management plan; ,
(h) by adding the following definitions:
"master licence to cut" means a licence to cut in the form of a master agreement referred to in section 51 (3) of the Forest Act;
"minor salvage operation" means minor salvage operation as defined by regulation; ,
(i) in the definition of "net area to be reforested" by striking out "or" at the end of paragraph (b), by adding ", or" at the end of paragraph (c) and by adding the following paragraph:
(d) an area indicated on the silviculture prescription as a reserve area where the establishment of a free growing stand is not required; ,
(j) in paragraph (c) of the definition of "official" by striking out "energy, mines and petroleum resources" and substituting "employment and investment",
(k) by repealing the definition of "operational plan" and substituting the following:
"operational plan" means a forest development plan, logging plan, access management plan, range use plan, silviculture prescription and stand management prescription; ,
(l) by repealing the definition "permanent access structure" and substituting the following:
"permanent access structure" means permanent access structure as defined by regulation; ,
(m) by repealing paragraph (a) of the definition of "range development" and substituting the following:
(a) if related to the management, for range purposes, of range land or livestock, a structure, excavation or constructed livestock trail, and , and
(n) by adding the following definition:
"reviewer" means the person or majority of persons assigned by a review official for the purpose of a review of a determination under section 129; .
45 Section 1 is amended
(a) in subsection (5) by striking out "Sections 117, 119, 143" and substituting "Sections 116.2, 143 to 145", and
(b) by adding the following subsection:
(10) For the purposes of a provision that refers to a higher level plan or an operational plan being consistent or inconsistent,
(a) an operational plan is deemed to be consistent with higher level plans and other operational plans if the operational plan does not materially conflict with them, and
(b) a higher level plan is deemed to be consistent with other higher level plans if the higher level plan does not materially conflict with them.
46 Section 2 (1) and (4) to (6) is repealed and the following substituted:
(1) Private land in a tree farm licence or in a woodlot licence and Crown land that is
(a) in a Provincial forest, other than Crown land in a wilderness area,
(b) described in an agreement under the Range Act, or
(c) described in a woodlot licence
must be managed and used in a way that is consistent with one or more of the following:
(d) timber production, utilization and related purposes;
(e) forage production and grazing by livestock and wildlife and related purposes;
(f) recreation, scenery and wilderness purposes;
(g) water, fisheries, wildlife, biological diversity and cultural heritage resource purposes;
(h) any purpose permitted by or under the regulations.
(4) Despite subsections (1) to (3), under the Coal Act, the Geothermal Resources Act, the Mineral Tenure Act or the Petroleum and Natural Gas Act, a person may use or occupy Crown land that is
(a) in a Provincial forest or in a wilderness area, if the person does so in accordance with the regulations and, if required by the regulations, with a special use permit,
(b) described in an agreement under the Range Act, or
(c) described in a woodlot licence.
(5) A person must obtain a special use permit, if required to do so by the regulations, if the person uses or occupies Crown land that is
(a) in a Provincial forest or in a wilderness area,
(b) described in an agreement under the Range Act, or
(c) described in a woodlot licence.
(6) Subsection (5) does not apply to a person who uses or occupies Crown land described in an agreement under the Range Act or in a woodlot licence if the use or occupation is under the Coal Act, the Geothermal Resources Act, the Mineral Tenure Act or the Petroleum and Natural Gas Act.
47 Section 3 is repealed and the following substituted:
3 (1) The ministers, by written order, may establish as a resource management zone an area of Crown land or an area of private land in a tree farm licence or woodlot licence, and may vary the boundaries of the zone or cancel the zone.
(2) The ministers, by written order, must establish objectives for a resource management zone and may vary or cancel an objective.
(3) Before establishing, varying or cancelling a resource management zone or objective in a way that significantly affects the public, the ministers must provide for review and comment in accordance with the regulations.
(4) The ministers may delegate in writing to a regional manager of the Ministry of Forests and a regional director of the Ministry of Environment, Lands and Parks, the authority to jointly establish, vary or cancel a resource management zone or objective, and the ministers may limit or cancel the delegation.
(5) The persons making an order under this section must file the order with the regional manager.
(6) The establishment, variance or cancellation of a resource management zone or objective takes effect
(a) subject to paragraph (b), 6 months after the order is filed with the regional manager, or
(b) if authorized by the regulations and in accordance with the regulations, on a date specified in the order.
(7) The regional manager must make available to the public
(a) the order, and
(b) a map showing the boundaries of the resource management zone.
(8) A plan or agreement declared to be a higher level plan for the purposes of this Act by the ministers before June 15, 1997 is continued and
(a) the area to which the plan or agreement applies is deemed to be a resource management zone,
(b) the provisions of the plan or agreement are deemed to be objectives,
(c) the plan or agreement does not have to meet any content requirements or any public review requirements that are prescribed under this Act, and
(d) the plan or agreement remains in effect until the first to happen of the following:
(i) the plan or agreement expires and is not replaced under this section, or
(ii) the plan or agreement is replaced with a resource management zone and objectives in accordance with this section.
48 Section 4 is amended
(a) by repealing subsection (2),
(b) in subsection (8) (a) by adding "subject to paragraph (b)," before "6 months", and
(c) in subsection (8) (b) by striking out "at an earlier time" and substituting "on a date".
49 Section 5 is amended
(a) by repealing subsection (2),
(b) in subsection (8) (a) by adding "subject to paragraph (b)," before "6 months", and
(c) in subsection (8) (b) by striking out "at an earlier time" and substituting "on a date".
50 Section 6 is amended
(a) by striking out "licence to cut, silviculture prescription or stand management prescription," and substituting "silviculture prescription, stand management prescription, special use permit or licence to cut, other than a master licence to cut,", and
(b) by adding the following subsection:
(3.1) The establishment of an area under subsection (1) or of an objective under subsection (3) takes effect on the date the order is made or on a later date specified in the order.
51 The following section is added:
7.1 (1) The chief forester, by written order, may establish an objective contained in a management plan for a tree farm licence as a higher level plan for an area under the licence if the chief forester is of the opinion that the establishment is necessary to ensure that the land is managed and used in accordance with section 2 and the regulations.
(2) In accordance with the directions, if any, of the chief forester, the regional manager, by written order, may establish an objective contained in a management plan, other than a management plan for a tree farm licence, as a higher level plan, for an area to which the management plan applies if the regional manager is of the opinion that the establishment is necessary to ensure that the land is managed and used in accordance with section 2 and the regulations.
(3) By written order, the chief forester may vary or cancel an objective established under subsection (1) and the regional manager may vary or cancel an objective established under subsection (2).
(4) An order under subsection (1), (2) or (3) must be
(a) made in accordance with the regulations, and
(b) filed with the regional manager.
(5) Before establishing, varying or cancelling an objective under subsection (1), (2) or (3) that will significantly affect the public, the chief forester or regional manager must provide for review and comment in accordance with the regulations.
(6) The establishment, variance or cancellation of an objective under subsection (1), (2) or (3) takes effect
(a) subject to paragraph (b), 6 months after the order is filed with the regional manager, or
(b) if authorized by the regulations and in accordance with the regulations, on a date specified in the order.
(7) If, under another provision of this Part, an objective is established or varied for an area to which an objective established under this section applies and the objective is inconsistent with the objective established under this section, the objective made under the other provision prevails to the extent necessary to remedy the inconsistency.
(8) The chief forester, for an order of the chief forester made under subsection (1) or (3), and the regional manager for an order of the regional manager made under subsection (2) or (3), must make available to the public the order and a map showing the area to which the objective applies.
52 Section 9 (2) to (5) is repealed.
53 The following section is added:
9.1 A higher level plan must specify any provision of the plan that will not be implemented when the plan is established or varied and must specify the date the provision will be implemented or the circumstances that will enable it to be implemented.
54 Section 10 is repealed and the following substituted:
10 (1) Subject to subsections (2) to (5), a forest development plan must comply with the following:
(a) it must cover a period of at least 5 years unless otherwise prescribed;
(b) it must include, for the area under the plan,
(i) maps and schedules describing
(A) the size, shape and location of cutblocks proposed for harvesting during the period referred to in paragraph (a), and the approximate location of existing and proposed roads that will provide access to the cutblocks, and
(B) in accordance with the regulations, the timing of proposed timber harvesting and related forest practices, including road construction, modification, maintenance and deactivation, and
(ii) matters required by regulation;
(c) it must specify
(i) in accordance with the regulations, and to the extent required by the regulations, silvicultural systems and harvesting methods that will be carried out within the cutblocks, and
(ii) measures that will be carried out to protect forest resources;
(d) it must
(i) be consistent with any higher level plan, and
(ii) meet the requirements of this Act, the regulations and the standards
in effect 4 months before the date the plan is submitted for the district manager's approval or given effect by the district manager, unless the higher level plan or this Act, the regulations or the standards specify otherwise;
(e) it must be signed and sealed by a professional forester.
(2) Subsection (1) (d) does not apply to a cutblock to the extent provided in the regulations made under section 212.1.
(3) A forest development plan that proposes
(a) timber harvesting operations, or
(b) road construction and modification operations
relating to minor salvage operations need not contain, for the minor salvage operations, the matters referred to in subsection (1) (b) (i) and (c) (i), but must otherwise comply with subsection (1).
(4) Subject to subsection (5), a forest development plan need not comply with subsection (1) (a), (b) (i) or (c) if the proposed road construction, modification, maintenance and deactivation activities under the plan are restricted to
(a) road construction or modification under section 62 where the authority is a special use permit and the work is associated with the silviculture treatments under
(i) a silviculture prescription for a backlog area under section 23 (2) (b),
(ii) a stand management prescription under section 24 (2) (b), or
(iii) section 71.1,
(b) road maintenance under section 63 (7), or
(c) road deactivation under section 64 (1) if the deactivation is under a special use permit and the activity is the subject of an agreement between the holder of the permit and Forest Renewal BC.
(5) A forest development plan referred to in subsection (4) must
(a) include, for the area under the plan, maps and schedules describing the approximate location of the existing and proposed roads,
(b) specify the timing of the proposed forest practices, and
(c) specify measures that will be carried out to protect forest resources.
55 Section 11 is amended
(a) by repealing paragraph (b) (ii) and substituting the following:
(ii) how methods for rehabilitation will be carried out for temporary roads, landings, excavated or bladed trails and other areas where rehabilitation of soil disturbance is required; , and
(b) in paragraphs (c) and (d) by striking out "approved or given effect under Division 5 of this Part" and substituting "submitted for the district manager's approval or prepared by the district manager".
56 Section 12 is amended
(a) by repealing paragraphs (a) and (b) substituting the following:
(a) it must include, for the area under the prescription,
(i) long term management objectives set out
(A) in a forest development plan or, in the absence of a forest development plan, in a higher level plan, or
(B) in the absence of objectives set out in a forest development plan or a higher level plan, in accordance with the regulations, if any,
(ii) a description of the silvicultural system and post harvesting stand structure and site condition,
(iii) prescribed stocking requirements,
(iv) a map describing the approximate location of permanent access structures, temporary roads and landings,
(v) limits for temporary and permanent access structures and soil disturbance that may occur on the area, and
(vi) matters required by regulation;
(b) if it is a silviculture prescription referred to in section 22, it must
(i) be consistent, at the date it is submitted for the district manager's approval or given effect by the district manager,
(A) with any forest development plan that is in effect, or
(B) if a forest development plan is not required under this Act for the area under the prescription, with any higher level plan that is in effect, and
(ii) meet the requirements of this Act, the regulations and the standards in effect 4 months before the date the prescription is submitted for the district manager's approval or given effect by the district manager, unless this Act, the regulations or the standards specify otherwise; , and
(b) in paragraph (c) by striking out "approved or given effect under Division 5 of this Part;" and substituting "submitted for the district manager's approval or prepared by the district manager;".
57 Section 13 (b) is amended by striking out "approved or given effect under Division 5 of this Part;" and substituting "submitted for the district manager's approval or prepared by the district manager;".
58 Section 14 is repealed.
59 Section 15 is repealed.
60 Section 17 (1) is amended by adding "required by the regulations" after "must carry out the assessments".
61 Section 18 is amended by adding the following subsection:
(3.1) Subsections (1) and (3) do not apply to a timber sale licence that authorizes minor salvage operations if, for those operations, there is in effect a forest development plan that meets the requirements of section 10 (3).
62 Section 19 is amended by adding the following subsection:
(1.1) Subsection (1) does not apply to a major licence, woodlot licence or pulpwood agreement that authorizes minor salvage operations if, for those operations, a forest development plan meeting the requirements of section 10 (3) has been approved by the district manager.
63 The following section is added:
19.1 (1) Before carrying out
(a) road construction or modification described in section 10 (4) (a),
(b) road maintenance described in section 10 (4) (b), or
(c) road deactivation described in section 10 (4) (c),
a person who is the holder of a major licence or woodlot licence or who meets the prescribed requirements must prepare and obtain the district manager's approval of a forest development plan that complies with section 10 (4).
(2) A forest development plan under this section
(a) takes effect on the date specified in the approval of the plan under Division 5 of this Part, and
(b) expires after a prescribed period following the date specified in the approval of the plan under Division 5 of this Part.
(3) Before or after a forest development plan under this section expires, the district manager may extend the term of the plan for a prescribed period in accordance with the regulations.
(4) If the term of a forest development plan is extended under this section, the holder or person who prepared the plan must promptly amend the plan to the extent necessary to ensure compliance with the current requirements of this Act, the regulations and the standards.
64 Section 20 is repealed.
65 Section 21 is repealed and the following substituted:
21 The district manager may require the holder of
(a) a road permit, unless the holder also holds a major licence, timber sale licence or woodlot licence, or
(b) a licence to cut or a cutting permit under a master licence to cut
to prepare and obtain the district manager's approval of a logging plan before harvesting timber under the permit or licence if the district manager determines that the logging plan is necessary to adequately manage and conserve the forest resources of the area to which it applies.
66 Section 22 is amended
(a) by adding the following subsection:
(1.1) The district manager need not prepare a silviculture prescription under subsection (1) (a) if the timber sale licence specifies that the holder of the licence must prepare and obtain the district manager's approval of a silviculture prescription for the area to be harvested under the timber sale licence. ,
(b) by repealing subsection (2) and substituting the following:
(2) A person must not harvest timber from an area referred to in
(a) subsection (1) (a) until the district manager prepares the silviculture prescription for the area, or
(b) subsection (1.1) until the holder of the timber sale licence prepares and obtains the district manager's approval of a silviculture prescription for the area to be harvested under the timber sale licence. ,
(c) in subsections (3) and (4) by striking out "or woodlot licence", and
(d) in subsection (5) by striking out ", timber licence or a woodlot licence" and substituting "or a timber licence".
67 Section 23 (2) is repealed and the following substituted:
(2) Before a person who is a holder of a major licence or woodlot licence or who meets the prescribed requirements carries out a silviculture treatment on a backlog area to establish a free growing stand
(a) as a requirement of the major licence or woodlot licence, or
(b) under an agreement with Forest Renewal BC,
the person must prepare and obtain the district manager's approval of a silviculture prescription for the area.
68 Section 24 is amended
(a) by repealing subsection (2) and substituting the following:
(2) Before a person who is a holder of a major licence or woodlot licence or who meets the prescribed requirements carries out a silviculture treatment on a free growing stand
(a) as a requirement of the major licence or woodlot licence, or
(b) under an agreement with Forest Renewal BC
the person must prepare and obtain the district manager's approval of a stand management prescription for the area. , and
(b) by adding the following subsection:
(2.1) Despite subsection (1) or (2), the district manager may prepare or approve a stand management prescription that covers more than one distinct treatment area, if
(a) the district manager is of the opinion that the prescription would adequately manage and conserve the forest resources on each of the areas that are to be treated, and
(b) the treatments, and the objectives for the treatments, meet the prescribed requirements.
69 Section 25 is repealed.
70 Section 26 is repealed.
71 Section 27 (3) is repealed and the following substituted:
(3) If the district manager gives the holder a notice under subsection (2),
(a) the district manager must prepare the range use plan, and
(b) the holder must supply information requested by the district manager that is known to the person and is needed to prepare the range use plan.
72 Section 28 is amended
(a) by adding the following subsection:
(1.1) Unless the regulations specify otherwise, the district manager may exempt a person referred to in section 19.1 from the requirement for a forest development plan if the district manager determines that any construction, modification, maintenance or deactivation of the roads that will take place does not affect the public in a material way. , and
(b) by repealing subsection (2) and substituting the following:
(2) Despite subsection (1) or (1.1), if the timber harvesting activity referred to in subsection (1) or the road construction, modification, maintenance or deactivation referred to in subsection (1.1) is in an area referred to in section 41 (6), the district manager may not exempt a person from the requirement for a forest development plan without the approval of a designated environment official.
73 Section 29 is repealed.
74 Section 30 (1) (c) is repealed and the following substituted:
(c) the felling and removal of timber that is damaged or in danger of being significantly reduced in value, lost or destroyed, if the volume does not exceed 500 m3; .
75 Section 35 is amended
(a) by repealing subsection (1) (b) and substituting the following:
(b) must not carry out, on any parts of the plan area that would be materially affected by the proposed amendment or new plan, any operation under the plan, unless the plan is a range use plan, until the amendment or new plan has been approved or given effect under Division 5 of this Part. , and
(b) by repealing subsection (2) (b) and substituting the following:
(b) must not carry out, on any parts of the plan area that would be materially affected by the proposed amendment or new plan, any operation under the plan until the amendment or new plan has been prepared.
76 Section 36 is amended
(a) by repealing subsection (2) (b) and substituting the following:
(b) if an amendment or new prescription is needed to ensure the requirements referred to in paragraph (a) are met, must not carry out on any parts of the area covered by the silviculture prescription that would be materially affected by the amendment or new prescription, any operation under the prescription until an amendment to the silviculture prescription or a new silviculture prescription has been approved under Division 5 of this Part. , and
(b) by repealing subsection (3) (b) and substituting the following:
(b) if an amendment or new prescription is needed to ensure the requirements referred to in paragraph (a) are met, must not carry out on any parts of the area covered by the silviculture prescription that would be materially affected by the amendment or new prescription, any operation under the prescription until such time as an amendment to the silviculture prescription or a new silviculture prescription has been prepared.
77 Section 37 (1) is amended by repealing everything after paragraph (b) and substituting the following:
the district manager may
(c) by written notice, require the holder to submit a new prescription or an amendment to the prescription, if the prescription is not related to a woodlot licence, or
(d) take the action authorized by regulation, if the prescription is related to a woodlot licence.
78 Section 38 is amended
(a) by adding "or is referred to in section 22 (1.1)," after "section 22 (1) (a)", and
(b) by repealing paragraph (b) (ii) and substituting the following:
(ii) the date the district manager prepared or approved the prescription.
79 Section 41 is amended
(a) in subsection (1) by striking out "and" at the end of paragraph (a), by adding ", and" at the end of paragraph (b) and by adding the following paragraph:
(c) the district manager is satisfied that the plan or amendment adequately addresses the government's economic objectives for the area, including any economic direction for forest resources provided in a higher level plan. ,
(b) by adding the following subsection:
(6.1) If any portion of a forest development plan or amendment requires the joint approval of the district manager and a designated environment official under subsection (6), the district manager
(a) may approve as a forest development plan any part of the forest development plan that does not require joint approval, or
(b) may approve any part of the amendment that does not require joint approval
if the part meets the requirements of subsection (1) and the district manager is satisfied that the part of the plan or amendment being approved will adequately manage and conserve the forest resources in the area that requires joint approval. , and
(c) by repealing subsection (7) and substituting the following:
(7) The designated environment official must approve the portion, referred to in subsection (6), of a forest development plan or amendment if
(a) the portion was prepared and submitted in accordance with this Act, the regulations and the standards,
(b) the designated environment official is satisfied that the portion will adequately manage and conserve the forest resources of the area to which it applies, and
(c) the designated environment official is satisfied that the portion adequately addresses the government's economic objectives for the area, including any economic direction for forest resources provided in a higher level plan.
80 Section 42 is amended
(a) in subsection (1) by striking out "or an access management plan or amendment", and
(b) by repealing subsection (2) (b) and substituting the following:
(b) the timber on the area under the plan or prescription should be harvested without delay because it is in danger of being damaged, significantly reduced in value, lost or destroyed.
81 Section 43 (1) (c) is repealed and the following substituted:
(c) does not materially change the objectives or results of the plan.
82 Section 45 (2) (a) is repealed and the following substituted:
(a) the person
(i) is acting in accordance with an operational plan or a permit issued under this Act or the regulations, or an approval of the district manager under section 48.1 or 71.1, or
(ii) has entered into an agreement described in section 64 (1.1) and is acting in the manner described in section 64 (1.1), or .
83 Section 46 (2) is amended by striking out ", an access management plan,".
84 Section 47 (2) is repealed and the following substituted:
(2) Despite subsection (1), a person carrying out timber harvesting operations may, in accordance with a silviculture prescription, temporarily exceed the maximum amount of soil disturbance within the net area to be reforested to the extent necessary to construct temporary access structures approved in the silviculture prescription if the silviculture prescription provides for soil rehabilitation measures to be carried out to those temporary access structures.
85 The following section is added:
48.1 (1) Before the government carries out a treatment to rehabilitate a gully area or landslide area, the district manager must be satisfied that the treatment
(a) is consistent with any higher level plan in effect when the treatment is carried out, and
(b) adequately manages and conserves the forest resources of the area to which it applies.
(2) Before a person who is the holder of a major licence or woodlot licence or who meets prescribed requirements carries out a treatment to rehabilitate a gully area or landslide area under an agreement with Forest Renewal BC, the person must obtain the district manager's approval of the treatment.
(3) The district manager may
(a) refuse to approve a rehabilitation treatment proposed under subsection (2), if the district manager
(i) determines that the proposed treatment is inconsistent with any higher level plan in effect when the request for approval was made, or
(ii) is not satisfied that the proposed treatment will adequately manage and conserve the forest resources of the area to which it applies, or
(b) approve a rehabilitation treatment proposed under subsection (2) with or without conditions.
(4) The district manager must advise the person in writing of the district manager's decision under subsection (3).
(5) In carrying out a treatment to rehabilitate a gully area or a landslide area, the government must do so in accordance with the regulations and standards.
(6) In carrying out a treatment to rehabilitate a gully area or landslide area, a person referred to in subsection (2) must do so in accordance with
(a) any written notice provided by the district manager under subsection (4), and
(b) the regulations and standards.
(7) If the government or a person carries out a treatment to rehabilitate a gully area or landslide area, the government or the person must
(a) carry out surveys at the times and in the manner specified in the regulations and standards, and
(b) submit reports at the times and in the manner specified in the regulations and standards.
86 Section 49 (1) is repealed and the following substituted:
(1) The district manager may exempt the government, or the holder of a logging plan, silviculture prescription or timber sale licence that is not a major licence from having to rehabilitate areas under section 46 (4) or 47 (5) to (7).
87 Section 51 (1) (c) is amended by striking out "or excavation;" and substituting ", excavation or constructed livestock trail;".
88 Section 54 is amended
(a) by adding the following subsection:
(1.1) Subsection (1) does not apply to a road built under the Coal Act, Geothermal Resources Act, Mines Act, Mining Right of Way Act, Petroleum and Natural Gas Act or Mineral Tenure Act, unless the construction, modification or use of the road is authorized by a special use permit. ,
(b) by repealing subsection (4) and substituting the following:
(4) The district manager may exempt a person from the requirement to have a road use permit, on being satisfied that the person's use of the road will not
(a) materially affect the use of the road by others, or
(b) unnecessarily disturb the natural environment or cultural heritage resources. ,
(c) in subsection (5) by striking out "exempt a person or a type of load" and substituting "exempt a person",
(d) in subsection (5) (a) by striking out "or the type of load", and
(e) by adding the following subsection:
(5.1) The district manager may make an exemption under subsections (4) and (5) subject to conditions, and the person exempted must comply with the conditions.
89 Sections 54 (6) (b), 59 (1) and (2), 60 (3), 63 (2), (3) and (6) (a) and 64 (1) (a) are amended by striking out "or access management plan".
90 Section 58 is amended
(a) in subsections (2) (a) (i) and (3) by striking out "or access management plan", and
(b) by repealing subsection (2) (b) and substituting the following:
(b) if the road is
(i) authorized by a cutting permit, or timber sale licence that does not provide for cutting permits,
(ii) wholly contained in an area covered by a cutting permit, or a timber sale licence that does not provide for cutting permits, and
(iii) identified on
(A) a logging plan, or
(B) a silviculture prescription approved or given effect by the district manager, .
91 Section 62 (1) (d) is repealed and the following substituted:
(d) any forest development plan, access management plan, silviculture prescription or logging plan; .
92 Section 63 (6) is amended by striking out "a forest development plan or an access management plan." and substituting "a forest development plan.".
93 Section 64 is amended
(a) by adding the following subsection:
(1.1) Subject to subsection (11), a person who
(a) is the holder of a major licence or woodlot licence, or
(b) meets the prescribed requirements
and has entered into an agreement with Forest Renewal BC to carry out road deactivation activities on a specific road, must deactivate the road temporarily, semi-permanently or permanently, as required by, and in accordance with
(c) this Act, the regulations and the standards,
(d) any forest development plan, and
(e) any road deactivation prescription. ,
(b) in subsection (5) by adding "referred to in subsections (1) and (1.1)" after "A person" , and
(c) by adding the following subsection:
(5.1) A person referred to in subsection (1.1) must not carry out temporary deactivation of the road, unless
(a) the person notifies the district manager in writing of
(i) the road that the person intends to temporarily deactivate, and
(ii) the nature, timing and implications of the deactivation, and
(b) the district manager provides written notice that either
(i) a deactivation prescription is not required for the proposed deactivation activities, or
(ii) a deactivation prescription is required under subsection (6).
94 Section 67 (2) is amended
(a) by repealing paragraph (b), and
(b) in paragraph (c) (i) by adding "in areas that are not covered by a silviculture prescription," before "forest practices are".
95 Section 68 is amended
(a) in subsection (1) by striking out "identified" and substituting "provided for",
(b) by adding the following subsection:
(1.1) A holder of a woodlot licence may only build an excavated or bladed trail that is provided for in a site plan or permitted by the regulations. , and
(c) in subsection (2) by striking out "subsection (1)," and substituting "subsection (1) or (1.1),".
96 Section 70 is amended
(a) in subsection (1) in paragraph (a) of the definition of "commencement date" by striking out "section 22 (1) (a) or (3)," and substituting "section 22 (1) (a), (1.1) or (3),",
(b) in subsection (1) in paragraph (b) of the definition of "commencement date" by striking out "prepares" and substituting "gives effect to",
(c) in subsection (2) by adding ", or approves a prescription referred to in section 22 (1.1)" after "a silviculture prescription",
(d) by adding the following subsections:
(3.1) Despite subsection (3), if a person is required to submit a silviculture prescription under section 23 (2) (b) and the commencement date has occurred,
(a) the person must establish, in accordance with the regulations and standards and the prescription, a free growing stand on those portions of the area under the prescription that are within the net area to be reforested, if the silviculture activities are the subject of an agreement between Forest Renewal BC and the person, and
(b) the government must establish, in accordance with the regulations and standards and the prescription, a free growing stand on those portions of the area under the prescription that are within the net area to be reforested, if the silviculture activities are no longer the subject of an agreement between Forest Renewal BC and the person required to submit a silviculture prescription under section 23 (2) (b).
(3.2) If the government is required to establish a free growing stand under subsection (3.1) (b), Forest Renewal BC must pay all costs incurred by the government in meeting the requirements of that subsection. ,
(e) in subsection (4) by striking out everything before paragraph (b) and substituting the following:
(4) Without limiting subsections (2) to (3.1), the person who is required to establish the free growing stand under the prescription must do all of the following:
(a) create the post harvest stand structure and site conditions specified in the prescription; , and
(f) in subsection (4) (b) by striking out "or reduction".
97 Section 71 (4) is amended by adding "the Silviculture Payments Sub-account of" after "must be paid into".
98 The following section is added:
71.1 (1) In this section, "applicable area" means an area
(a) from which the timber was harvested, damaged or destroyed before October 1, 1987,
(b) that in the district manager's opinion is sufficiently stocked with healthy well spaced trees of a commercially acceptable species, and
(c) that is not supporting a free growing stand.
(2) Before the district manager carries out a silviculture treatment on an applicable area the district manager must be satisfied that the treatment
(a) is consistent with any higher level plan in effect when the treatment is carried out, and
(b) adequately manages and conserves the forest resources of the applicable area.
(3) Before a person who is a holder of a major licence or woodlot licence or who meets the prescribed requirements carries out a silviculture treatment on an applicable area under an agreement with Forest Renewal BC, the person must obtain the district manager's approval of the silviculture treatment for the area.
(4) The district manager may
(a) refuse to approve the silviculture treatment proposed under subsection (3) if the district manager
(i) determines that the proposed treatment is inconsistent with any higher level plan in effect when the approval is made, or
(ii) is not satisfied that the proposed treatment will adequately manage and conserve the forest resources of the applicable area, or
(b) approve the silviculture treatment proposed under subsection (3) with or without conditions.
(5) The district manager must advise the person in writing of his or her decision under subsection (4).
(6) In carrying out a silviculture treatment under this section, the government must do so in accordance with the regulations and standards.
(7) In carrying out a silviculture treatment under this section, the person referred to in subsection (3) must do so in accordance with
(a) any written notice provided by the district manager under subsection (5), and
(b) the regulations and standards.
(8) If the government or a person carries out a silviculture treatment on an applicable area, the government or the person must
(a) carry out surveys at the times and in the manner specified in the regulations, and standards, and
(b) submit reports at the times and in the manner specified in the regulations and standards.
99 Section 72 is amended
(a) in subsection (2) by adding "under section 24 (2) (a)" after "is required to submit a stand management prescription",
(b) by adding the following subsection:
(2.1) If a person is required to prepare a stand management prescription under section 24 (2) (b), and a silviculture treatment that is the subject of an agreement between the person and Forest Renewal BC is carried out on the area, the person must ensure that the silviculture treatment is carried out in accordance with the regulations and standards, and the stand management prescription approved under Division 5 of Part 3. , and
(c) by repealing subsection (3) and substituting the following:
(3) Without limiting subsections (1) to (2.1),
(a) the district manager, holder of the licence or the person required to prepare a stand management prescription under section 24 (2) (b) must carry out surveys at the times and in the manner specified in the regulations and standards, and
(b) the district manager must prepare, and the holder or the person required to prepare a stand management prescription under section 24 (2) (b), must submit to the district manager, records and reports in accordance with the regulations.
100 Section 78 is amended by renumbering the section as section 78 (1) and by adding the following subsection:
(2) A person must comply with a notice or order published, broadcast or given under this section.
101 Section 96 is repealed and the following substituted:
96 (1) A person must not cut, damage or destroy Crown timber unless authorized to do so
(a) under an agreement under the Forest Act or under a provision of the Forest Act,
(b) under a grant of Crown land made under the Land Act,
(c) under the Mineral Tenure Act for the purpose of locating a claim or for other prescribed purposes,
(d) under the Park Act,
(e) by the regulations, in the course of carrying out duties as a land surveyor,
(f) by the regulations, in the course of fire control or suppression operations, or
(g) by the regulations, in the course of carrying out activities
(i) under a range use plan or a consent under section 101 or 102,
(ii) under a silviculture prescription for a backlog area or a stand management prescription,
(iii) under an approval of the district manager under section 48.1 or 71.1, or
(iv) under an agreement under section 64 (1.1).
(2) Without limiting subsection (1), a person must not remove Crown timber unless authorized to do so
(a) under an agreement under the Forest Act or under a provision of the Forest Act,
(b) under a grant of Crown land made under the Land Act, or
(c) under the Park Act.
(3) If a person, at the direction of or on behalf of another person,
(a) cuts, damages or destroys Crown timber contrary to subsection (1), or
(b) removes Crown timber contrary to subsection (2),
that other person also contravenes subsection (1) or (2).
(4) Despite any other enactment or grant of land from the government, timber on private land granted by the government after April 6, 1887 and before April 29, 1888 may be harvested without the authority of the government.
102 Section 101 is amended
(a) in subsection (1) (b) by adding "removing," after "maintaining,",
(b) by adding the following subsections:
(1.1) The district manager may
(a) require a person seeking consent under subsection (1) to submit the matter for which consent is sought to a review in accordance with the regulations, and for comments by interested parties during the course of the review,
(b) grant or refuse the consent, depending on the outcome of a review required under paragraph (a), and
(c) impose requirements, that the district manager considers necessary or desirable, to be met by the person seeking the consent as a condition of obtaining or retaining the consent, including, but not limited to, requiring that the person provide security.
(1.11) The district manager may only grant a consent under this section if
(a) the consent is consistent with any operational plans and higher level plans in effect for the area covered by the consent, and
(b) the district manager is satisfied that the consent will adequately manage and conserve the forest resources of the area to which it applies.
(1.12) If the district manager requires security under subsection (1.1) (c), the district manager must specify
(a) when the security must be paid,
(b) the amount of security that is required,
(c) the form of the security, and
(d) the circumstances under which the security may be realized.
(1.2) A person who obtains consent under subsection (1) must comply with any conditions imposed under subsection (1.1) in respect of the consent. , and
(c) in subsection (2) by striking out "subsection (1)" and substituting "subsection (1) or (1.2)".
103 Section 106 (1) is amended by striking out "to an extent that the objectives specified in higher level plans for the area cannot be met".
104 Section 109 (a) is amended by striking out everything after "or the regulations" and substituting "or the Forest Act or the Range Act or the regulations under either Act."
105 Section 109 (b) is repealed.
106 The following sections are added to Division 3 of Part 6:
116.1 In this Division:
"agreement holder" means a person who is the holder of an agreement under the Forest Act or the Range Act;
"contractor", except for the purposes of sections 116.2 (3) and 118 (1) (b), means a contractor as defined in section 152 of the Forest Act;
"contravention determination" means a determination in writing made under section 116.2 (1);
"performance evaluation determination" means a determination in writing made under section 116.4 (1);
"subcontractor" means a subcontractor as defined in section 152 of the Forest Act.
116.2 (1) For the purposes of this Division, a senior official
(a) may determine in writing if a person named in the determination has contravened this Act, the regulations or the standards, and
(b) must specify in the determination each provision the senior official determines the person to have contravened.
(2) If an employee or agent of a person contravenes a provision of this Act, the regulations or the standards while in the employ of, or while acting as the agent of the person, the person also contravenes that provision.
(3) If a person acting under a contract with another person contravenes a provision of this Act, the regulations or the standards while so acting, that other person also contravenes that provision.
(4) Without limiting subsection (3),
(a) if a contractor contravenes a provision of this Act, the regulations or the standards while acting as the contractor of an agreement holder described in the definition of "contractor" in section 152 of the Forest Act, the agreement holder also contravenes that provision,
(b) if a subcontractor contravenes a provision of this Act, the regulations or the standards while acting as the subcontractor of a contractor, the contractor also contravenes that provision, or
(c) if a subcontractor contravenes a provision of this Act, the regulations or the standards while acting as the subcontractor of the contractor of an agreement holder described in the definition of "contractor" in section 152 of the Forest Act, the agreement holder also contravenes that provision.
(5) If a corporation contravenes a provision of this Act, the regulations or the standards, a director or officer of the corporation who authorized, permitted or acquiesced in the contravention also contravenes that provision.
116.3 (1) Subject to subsection (3), a senior official who makes a contravention determination against a person may levy a penalty against the person for the contravention, the amount to be determined under the regulations and this section.
(2) In determining the amount of a penalty to be levied under this section, the senior official must take into account the following matters:
(a) any costs to the government to remedy the contravention;
(b) the pecuniary amount required to compensate the government for lost values for timber or forage, as the case may be, having regard to the market value of the timber and forage and the revenue that the government could have obtained for
(i) the timber, if the volume of timber had been sold under section 20 of the Forest Act, or
(ii) the forage, if the amount of forage had been granted by means of a grazing permit under the Range Act;
(c) the effect of the contravention on the government's ability to adequately manage and conserve timber, range, soil, water, wildlife, fisheries, recreation, scenic diversity or other forest resources;
(d) any economic benefit derived by the person from the contravention.
(3) The senior official may refrain from levying a penalty under this section if he or she considers that the nature and extent of the contravention is trifling and that it is not in the public interest to impose the penalty.
116.4 (1) If the person who is the subject of a contravention determination is an agreement holder, contractor or subcontractor, the senior official who made the contravention determination must make, in accordance with the regulations, a performance evaluation determination that includes a finding of whether or not the person exercised due diligence to prevent the contravention.
(2) The onus of proving due diligence is on the person who is the subject of the performance evaluation determination for the purposes of that determination or a review or appeal of that determination.
107 Section 117 is repealed and the following substituted:
117 (1) If a senior official makes a performance evaluation determination, in which determination the senior official finds that the person who is the subject of the determination did not exercise due diligence to prevent the contravention, the senior official may levy a penalty for the contravention against the person, in addition to any penalty under section 116.3 against that person, up to the amount prescribed for the purpose of this section.
(2) In determining the amount of a penalty to be levied under this section the senior official must take into account the following matters:
(a) previous contraventions or convictions of a similar nature contained in the person's performance record under section 117.3 (1);
(b) the gravity and magnitude of the contravention;
(c) whether the contravention was repeated or continuous;
(d) whether the contravention was deliberate;
(e) the person's cooperativeness and efforts to correct the contravention.
117.1 (1) The senior official who makes a contravention determination against a person must give written notice of determination to the person setting out all of the following:
(a) each provision the senior official determines the person to have contravened and the nature of the contravention;
(b) the senior official's reasons for the contravention determination;
(c) the amount of the penalty, if any, levied under section 116.3 for a contravention specified in the contravention determination;
(d) the person's right under this Act to a review and appeal of the contravention determination, including the title and address of the review official to whom a request for review may be made.
(2) The senior official who makes a performance evaluation determination against a person must give a notice of determination to the person setting out all of the following:
(a) the contravention determination to which the performance evaluation determination relates;
(b) the senior official's reasons for the performance evaluation determination;
(c) the amount of the penalty, if any, levied under section 117 for a contravention specified in the contravention determination to which the performance evaluation determination relates;
(d) the person's right under this Act to a review and appeal of the performance evaluation determination, including the title and address of the review official to whom a request for review may be made.
(3) A senior official may combine, in a single notice, notices under subsections (1) and (2) that relate to the same person and the same contravention determination.
117.2 All revenue payable from penalties imposed under this Division must be paid into the Environmental Remediation Sub-account of the Forest Stand Management Fund special account established by the Special Accounts Appropriation and Control Act.
117.3 (1) The government must keep, and make available to the public, a performance record for every person who is an agreement holder, contractor or subcontractor and who is
(a) the subject of a performance evaluation determination that includes a finding that the person did not exercise due diligence to prevent the contravention, or
(b) convicted of an offence under this Act or the regulations.
(2) The government must record in a performance record kept under subsection (1)
(a) each contravention, specified in the contravention determination, for which there is a finding that the person did not exercise due diligence to prevent the contravention, and
(b) each conviction, if any, of the person for an offence under this Act or the regulations.
(3) Five years after the date of any contravention or conviction recorded in a person's performance record under this section, the contravention or conviction ceases to form part of the performance record, and the government must delete from that record any reference to the contravention or conviction.
(4) The government must keep each performance record under subsection (1) up to date by amending it as necessary from time to time to take into account
(a) any decision of a reviewer, on a review, or of the commission, on an appeal, if the reviewer or the commission, as the case may be, confirms, varies or rescinds
(i) a contravention recorded in the performance record, or
(ii) a finding that the person who is the subject of the performance record did or did not exercise due diligence to prevent a contravention,
(b) any decision of a reviewer under section 129 (5) (c), concerning a failure to make a determination, or of the commission on an appeal of a decision made by a reviewer under section 129 (5) (c), if
(i) the reviewer makes a decision that a person contravened this Act, the regulations or the standards and did not exercise due diligence to prevent the contravention, or
(ii) the commission confirms, varies or rescinds the decision of the reviewer referred to in subparagraph (i), or
(c) any judgment of a court that confirms, varies or rescinds
(i) a decision of the commission referred to in paragraphs (a) and (b), or
(ii) a conviction recorded in the performance record.
(5) In addition to the performance record under subsection (1), for each person who is an agreement holder, contractor or subcontractor, the government, in accordance with the regulations, must also keep and make available to the public a record of
(a) any performance evaluation determination that includes a finding of the senior official that the person did exercise due diligence to prevent a contravention, and
(b) matters required by regulation.
108 Section 118 is amended
(a) by repealing subsection (1) and substituting the following:
(1) If a senior official makes a contravention determination against
(a) an agreement holder including an agreement holder who is the holder of an agreement with Forest Renewal BC,
(b) a person acting under a contract with an agreement holder,
(c) without limiting paragraph (b), the contractor of an agreement holder described in the definition of "contractor" in section 152 of the Forest Act,
(d) the subcontractor of a contractor described in paragraph (c), or
(e) an employee or agent of any of them,
the senior official may order the agreement holder to remedy the contravention by
(f) carrying out an action that is required under this Act, the regulations or the standards and that the person has failed to carry out, or
(g) repairing any damage caused by the contravention. ,
(b) in subsection (2) (d) by striking out "request for a review" and substituting "request for review",
(c) by repealing subsection (3) (c) and substituting the following:
(c) recover the sum of all direct and indirect costs the senior official determines were incurred in carrying out the work referred to in subsection (b) as a debt due the government, payable on demand;
(d) levy a penalty up to an amount that is twice the sum of all direct and indirect costs the senior official determines were incurred in carrying out the work referred to in paragraph (b);
(e) for the purpose of recovering the debt referred to in paragraph (c) and the penalty referred to in paragraph (d), realize on any security the person was required to provide under a regulation made under section 201. ,
(d) by repealing subsections (4) and (5), and
(e) by repealing subsection (8) and substituting the following:
(8) The senior official must promptly refund to the person any surplus of funds remaining from the realization of a security under subsection (3) (e) after payment of
(a) the sum of all direct and indirect costs determined under subsection (3) (c), and
(b) any penalty levied under subsection (3) (d).
109 Section 119 is repealed.
110 Section 122 (1) and (2) is repealed and the following substituted:
(1) The minister may establish, vary or rescind policies and procedures respecting contravention determinations, performance evaluation determinations, penalties and remediation orders.
(2) Before a person makes a contravention determination or performance evaluation determination, levies a penalty under section 116.3 (1), 117 (1) or 118 (3) (d), or makes an order under section 118, the person must consider any applicable policy or procedure established under this section.
111 Section 123 is amended by adding the following subsection:
(4) The official who issued an order under subsection (1) or a senior official may rescind the order if the official or the senior official determines that there were insufficient grounds for issuing the order.
112 The following section is added to Division 4 of Part 6:
125.1 In this Division:
"ministries" means the Ministry of Forests, the Ministry of Environment, Lands and Parks and the Ministry of Employment and Investment;
"review official" means
(a) a person employed in any of the ministries who is designated by name or title to be a review official by the deputy minister of that ministry, or
(b) for a review requested under section 128 (2), a person employed in the Ministry of Forests who is designated by name or title to be a review official by the deputy minister of the Ministry of Forests.
113 Section 126 (2) is amended by striking out "117 (1), 118 (4) or (5) or 119," and substituting "116.3 (1), 117 (1) or 118 (3) (d),".
114 Section 127 is amended
(a) by repealing subsections (1) and (2) and substituting the following:
(1) A person who is the subject of a determination under section 82, 95 (2), 99 (2), 101 (2), 102 (3), 106 (1), 116.2 (1), 116.3 (1), 116.4 (1), 117, 118 or 120 may request a review of the determination by delivering a request for review to the review official named in the notice of determination.
(2) The person must ensure that the request for review complies with the content requirements of the regulations. ,
(b) in subsection (3) by striking out "the request" and substituting "the request for review", and
(c) in subsection (5) by striking out "request for a review" and substituting "request for review".
115 Section 128 is amended
(a) in subsection (1) (a) and (b) by striking out "or 117 to 120," and substituting ", 116.2 (1), 116.4 (1), 117, 118 or 120,",
(b) by repealing subsection (2) and substituting the following:
(2) To obtain a review of a failure to make a determination, the board must deliver a request for review to the review official referred to in paragraph (b) of the definition of "review official" in section 125.1, and to the person who would be subject to the determination, not later than 6 months after the occurrence of the event that would have been the subject of the determination. ,
(c) in subsection (3) by striking out "written request for the review" and substituting "request for review",
(d) by adding the following subsection:
(3.1) The board must ensure that the request for review complies with the content requirements of the regulations. , and
(e) in subsection (5) by striking out "request for a review" and substituting "request for review".
116 Sections 129 to 131 are repealed and the following substituted:
129 (1) A review official who receives a request for review must ensure that the review is conducted by one or more persons who
(a) are employed under the Public Service Act, and
(b) have not made the determination under review, or are not the persons who failed to make a determination, if the review is for that reason, or have not participated in an investigation on which the determination was based.
(2) The reviewer may decide the matter, based on one or more of the following:
(a) the request for review and the ministries' files;
(b) the request for review, the ministries' files and any other communication with persons the reviewer considers necessary to decide the matter, including communicating with the person or board requesting the review and with the person who made or failed to make the determination;
(c) an oral hearing.
(3) After a request for review is delivered under section 127 or 128,
(a) the person who is the subject of the determination, or who would be the subject of a determination, if made,
(b) the board, if, under section 128, the board requested a review, and
(c) the government
must disclose the facts and law on which the person, board and government will rely at the review, if required by the regulations and in accordance with the regulations.
(4) If permitted by, and in accordance with, the regulations, the reviewer may refer to the commission a question of law raised in a review, if there is agreement to the referral by
(a) the person who is the subject of the determination or would be the subject of a determination, if made,
(b) the board, if, under section 128, the board requested the review, and
(c) the government.
(5) The reviewer may make a decision
(a) confirming, varying or rescinding the determination under review,
(b) referring a determination or failure to make a determination back to the person who made it or failed to make it with or without directions, or
(c) making a determination, if the review concerns the failure to make a determination.
(6) The reviewer must give a written decision to the person who is the subject of the determination or, for a review of a failure to make a determination, the person who would be the subject of a determination, if made, and the board within
(a) the prescribed period after the request for review was received by the review official, or
(b) another period agreed to by
(i) the person who is the subject of the determination, or who would be the subject of a determination, if made,
(ii) the board, if, under section 128, the board requested a review, and
(iii) the government.
(7) Despite subsection (6) (a), if the reviewer determines that the request for review does not comply with the content requirements of the regulations, or that there was a failure to disclose facts and law required under subsection (3), the prescribed period under subsection (6) (a) does not begin until a request for review is received that does comply with those requirements, or the facts and law are disclosed as required under subsection (3).
130 (1) Subject to subsection (3), a person who is the subject of a determination referred to in
(a) section 127, or
(b) section 129 (5) (c)
may appeal the determination to the commission.
(2) Subject to subsection (3), the board may appeal to the commission
(a) a determination referred to in section 128 (1) (a),
(b) a failure to make a determination referred to in section 128 (1) (b),
(c) if the regulations provide and in accordance with the regulations, a determination under Division 5 of Part 3 with respect to approval of a forest development plan, range use plan or amendments to either of those plans, and
(d) any determination for which a review decision has been given under section 129 (6).
(3) No appeal may be made under subsection (1) or (2) unless the determination or failure to make a determination has first been reviewed under section 129.
(4) If a determination is varied by the reviewer, the appeal to the commission is from the determination as varied.
(5) If, as a result of a review of a failure to make a determination, the reviewer makes a determination, the appeal to the commission is from the determination made by the reviewer.
131 (1) To initiate an appeal under section 130, the person referred to in section 130 (1) or the board, no later than 3 weeks after receiving the review decision under section 129 (6), must deliver to the commission a notice of appeal and
(a) in the case of a determination referred to in section 130 (1) (a) or 130 (2) (a), (c) or (d), enclose a copy of the determination, and
(b) in the case of the determination referred to in section 130 (1) (b) or (2) (b), enclose a copy of the reviewer's determination.
(2) If the appeal is from a determination as varied under section 129, the person or board bringing the appeal must include a copy of the review decision with the notice of appeal given under subsection (1).
(3) The person or board bringing the appeal must ensure the notice of appeal given under subsection (1) complies with the content requirements of the regulations.
(4) Before or after the time limit in subsection (1) expires, the chair or a member of the commission may extend it.
(5) If the person or the board does not deliver the notice of appeal within the time specified, the person or board loses the right to an appeal.
(6) On receipt of the notice of appeal, the commission must, in accordance with the regulations, give a copy of the notice of appeal to the ministers and
(a) to the board, if the notice was delivered
(i) by the person who is the subject of the determination, or
(ii) for an appeal of a failure to make a determination, by the person who would be the subject of a determination, if made,
(b) to the person who is the subject of the determination, if the notice was delivered by the board, or
(c) for an appeal of a failure to make a determination, to the person who would be the subject of a determination, if made, if the board delivered the notice.
(7) The government, the board, if it so requests, and the person who is the subject of the determination or would be the subject of a determination, if made, are parties to the appeal.
(8) At any stage of an appeal the commission or a member of it may direct that a person who may be affected by the appeal be added as a party to the appeal.
(9) After a notice of appeal is delivered under subsection (1), the parties must disclose the facts and law on which they will rely at the appeal, if required by the regulations and in accordance with the regulations.
(10) The commission, after receiving a notice of appeal, must
(a) promptly give the parties to an appeal a hearing, or
(b) hold a hearing within the prescribed period, if any.
(11) Despite subsection (10), if the commission determines that the notice of appeal does not comply with the content requirements of the regulations, or that there was a failure to disclose facts or law under subsection (9) or (14), the commission need not hold a hearing within the prescribed period referred to in subsection (10), but must hold a hearing within the prescribed period after a notice of appeal that does comply with the content requirements of the regulations is delivered to the commission, or the facts and law are disclosed as required under subsection (9) or (14).
(12) A party may
(a) be represented by counsel,
(b) present evidence, including but not limited to evidence that was not presented in the review under section 129,
(c) if there is an oral hearing, ask questions, and
(d) make submissions as to facts, law and jurisdiction.
(13) The commission may invite or permit a person to take part in a hearing as an intervenor.
(14) An intervenor may take part in a hearing to the extent permitted by the commission and must disclose the facts and law on which the intervenor will rely at the appeal, if required by the regulations and in accordance with the regulations.
(15) A person who gives oral evidence may be questioned by the commission or the parties to the appeal.
131.1 A hearing regarding a question of law referred under section 129 (4) must be conducted in accordance with the regulations.
117 Section 138 is repealed and the following substituted:
138 (1) On an appeal of a determination or of the confirmation, variance or rescission of a determination, the commission may consider the findings of
(a) the person who made the determination that is being appealed, or
(b) the reviewer.
(2) On the appeal, the commission may
(a) confirm, vary or rescind the determination appealed from, or
(b) refer the matter with or without directions back to the person
(i) who made the initial determination, or
(ii) in the case of a determination made under section 129 (5) (c), the reviewer who made the determination.
(3) On considering a question of law referred to the commission under section 129 (4), the commission may decide the question of law and the decision is binding
(a) on the reviewer for the purposes of the review in question, and
(b) on the commission for the purposes of an appeal concerning the determination or the failure to make a determination that was subject of the review in question.
(4) The commission may order that a party or intervenor pay another party or intervenor any or all of the actual costs in respect of the appeal.
(5) After filing in the court registry, an order under subsection (4) has the same effect as an order of the court for the recovery of a debt in the amount stated in the order against the person named in it, and all proceedings may be taken as if it were an order of the court.
118 Section 139 is amended by adding the following subsection:
(3) The commission must make a decision within the prescribed period, if any.
119 Section 141 is repealed and the following substituted:
141 (1) The minister or a party to the appeal, within 3 weeks after being served with the decision of the commission, may appeal the decision of the commission to the Supreme Court on a question of law or jurisdiction.
(2) On an appeal under subsection (1), a judge of the Supreme Court, on terms he or she considers appropriate, may order that the decision or order of the commission be stayed in whole or in part.
(3) An appeal from a decision of the Supreme Court lies to the Court of Appeal with leave of a justice of the Court of Appeal.
120 Section 143 is amended
(a) in subsection (1) by striking out "or 96 (1)," and substituting "or 96 (1) or (2),",
(b) in subsection (2) by adding "78 (2)," after "76 (1),",
(c) in subsection (3) by adding "154," after "112,",
(d) in subsection (3) by striking out "112 or 173" and substituting "112, 173, 248 (1) or (2), 249 or 250 (1)", and
(e) in subsection (4) by adding "101 (1.2)," after "97,".
121 Section 151 is amended by adding "96 or" after "prosecution under section".
122 Section 154 is amended by striking out "commits an offence who" and substituting "contravenes the Act who".
123 Section 157 (1) is amended by striking out everything after "agent or contractor".
124 Section 174 is amended by adding the following subsection:
(3) Despite subsections (1) and (2), Forest Renewal BC may pay for
(a) a silviculture treatment under
(i) a silviculture prescription for a backlog area under section 23 (2) (b),
(ii) a stand management prescription under section 24 (2) (b), or
(iii) section 71.1,
(b) a rehabilitation treatment for a gully area or landslide area under section 48.1,
(c) road construction or modification under a special use permit under section 62 (1) (e) if the construction or modification is associated with silviculture treatments referred to in paragraph (a),
(d) road maintenance under section 63 (7), or
(e) road deactivation of roads referred to in paragraph (c) or under section 64 (1.1).
125 Section 194 (1) is repealed and the following substituted:
(1) The Forest Appeals Commission is continued.
(1.1) The commission is to hear appeals under
(a) Division 4 of Part 6, and
(b) the Forest Act and Range Act and, in relation to appeals under those Acts, the commission has the powers given to it by those Acts.
126 Section 208 (2) is amended
(a) in paragraph (c) by adding "and timing" after "the making", and
(b) by adding the following paragraph:
(f) for the purposes of section 41 (1) (c) and (7) (c), the setting out of economic objectives for British Columbia or an area within British Columbia, or the identification of documents or other sources that the district manager or designated environment official must look to in order to determine economic objectives.
127 The following sections are added:
212.1 (1) The Lieutenant Governor in Council may make regulations respecting the phased approval of cutblocks or roads for the purpose of approving an operational plan or amendment under section 40 or 41.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting
(a) the requirements of this Act and the regulations that a cutblock or road must meet to be identified as reaching a phase for the purpose of giving effect to an operational plan or amendment under section 40 or approving an operational plan or amendment under section 41,
(b) the extent to which a requirement of this Act and the regulations, having been met in order for a cutblock or road to reach a phase
(i) must be, may be or must not be, reconsidered under section 40 or 41, and
(ii) need not be met for that cutblock or road in a subsequent plan, and
(c) the extent to which a higher level plan, or a change to this Act or the regulations, affects an operational plan or amendment with respect to that portion of the plan or amendment that is composed of a cutblock or road that has reached a prescribed phase.
(3) A regulation made under this section may provide that it applies despite a provision of this Act or the regulations.
217.1 (1) The Lieutenant Governor in Council may make regulations respecting woodlot licences, woodlot licence areas and holders of woodlot licences.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting the following:
(a) establishing requirements and restrictions regarding the results that must be achieved through the carrying out of planning and forest practices, including the establishment of a free growing stand on the woodlot licence area;
(b) establishing conditions that must be complied with by the holder of the woodlot licence before, during and after forest practices;
(c) requiring site plans to be prepared by the holder of the woodlot licence and approved by the district manager before forest practices are carried out on the woodlot licence area;
(d) requiring that authority to carry out a forest practice on the woodlot licence area be obtained before the forest practice begins.
128 Section 218 (2) is repealed and the following substituted:
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) respecting fees and charges, including establishing fees and charges in cases where there is a failure to comply with the requirements of
(i) this Act, the regulations or the standards,
(ii) an operational plan under this Act or the regulations, or
(iii) a permit or licence issued under this Act or the regulations;
(b) for the purpose of a contravention determination under section 116.2, or a performance evaluation determination under section 116.4, prescribing criteria that must be used in making the determination;
(c) respecting penalties, including for the purpose of a determination of the amount of a penalty levied under section 116.3 or 117, prescribing amounts, formulas or methods that may vary according to the nature or type of forest resources affected by the contravention or according to the nature or type of contravention;
(d) respecting performance records, including specifying how and when contraventions and convictions
(i) are recorded in a performance record kept under section 117.3 (1),
(ii) are amended under section 117.3 (4), or
(iii) cease to form part of the performance record under section 117.3 (3).
129 Section 220 (2) is amended
(a) by repealing paragraphs (b) and (c) and substituting the following:
(b) the practice, procedure and forms for reviews and appeals and for referrals to the commission of questions of law;
(c) the content of a request for review or a notice of appeal; , and
(b) by adding the following paragraphs:
(c.1) the circumstances under which a review or appeal may be dismissed on the basis that the request for review or notice of appeal does not meet the content requirements of the regulations, or that there was a failure to disclose facts and law as required by the regulations;
(f.1) the period in which the commission must hold a hearing after receiving a notice of appeal;
(f.2) the period in which the commission must deliver a decision after holding a hearing; .
130 Sections 224 (7) and 229 are repealed.
131 Section 230 is amended
(a) in subsection (1) by striking out everything before paragraph (a) and substituting the following:
(1) Despite section 18 or 19, if the district manager prepares a forest development plan or amendment or approves a forest development plan or amendment submitted by the holder of an agreement under the Forest Act on or before December 15, 1995, the plan or amendment , and
(b) in subsection (3) by striking out everything before paragraph (a) and substituting the following:
(3) 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 .
132 Sections 232 (4), 233 (3), 234 (3), 235 and 236 are repealed.
133 Section 239 is repealed.
134 Section 241 (1) is amended by adding "advertised or" after "cutting permits,".
135 Section 243 is repealed and the following Division is substituted:
Division 6 -- Implementation Regulations
243 (1) The Lieutenant Governor in Council may make regulations considered necessary or advisable for the purpose of more effectively bringing into operation this Act, and amendments to this Act, and to remedy any difficulties encountered in doing so.
(2) A regulation made under this section may, for a period the Lieutenant Governor in Council specifies in the regulation,
(a) amend a provision of this Act or of an enactment that amends this Act, and
(b) suspend the operation of a provision of this Act or of an enactment that amends this Act,
if that provision would impede the effective operation of this Act.
(3) A regulation made under this section may be made retroactive to a date not earlier than June 15, 1995.
(4) This section is repealed August 31, 1999 and on its repeal any regulations made under it are also repealed.
136 The following Divisions are added to Part 11:
Division 7 -- Incorporation of Access Management Plans
into Forest Development Plans
244 (1) An access management plan that is in effect before January 5, 1998 remains in effect until the earlier of
(a) the date that road information in the access management plan is included in a forest development plan in accordance with sections 18 (4.1) and (4.2) and 19 (1.2), and
(b) June 15, 1999.
(2) The law respecting access management plans as it was immediately before January 5, 1998 including, without limitation, the law respecting offences and administrative remedies, continues to apply to an access management plan that is in effect before January 5, 1998, subject to any procedural changes to the law.
245 Subject to section 230, if a forest development plan is in effect before January 5, 1998
(a) sections 18 (1) (b), (3) (b) and (4) (b) and 19 (1) as they were immediately before January 1, 1998 apply to that plan until it expires, and
(b) sections 18 (4.1) and (4.2) and 19 (1.2) do not apply to that plan.
Division 8 -- Logging Plans and Silviculture Prescriptions
246 (1) Subject to subsection (2), if a logging plan is approved or put into effect by the district manager before the date this section comes into force, the logging plan remains in effect until the first to happen of the following:
(a) the agreement under the Forest Act for which the plan was prepared expires and is not replaced, or is cancelled, surrendered or otherwise terminated;
(b) the district manager notifies the holder of the logging plan that the forest practices required on the area under the plan have been completed to the satisfaction of the district manager.
(2) The law respecting logging plans, as it was immediately before the date this section comes into force, including, without limitation, the law respecting offences and administrative remedies, continues to apply to a logging plan referred to in subsection (1), subject to any procedural changes to the law.
(3) If, before the date this section comes into force, the district manager approves or puts into effect a silviculture prescription or an exemption from the requirement for a silviculture prescription, for an area, and the law as it was immediately before the date this section comes into force, requires a logging plan for the area, a logging plan continues to be a requirement for the area and the law as it was immediately before the date this section comes into force with respect to logging plans, including, without limitation, the law respecting offences and administrative remedies, continues to apply to that area and to any logging plan approved or put into effect for the area, subject to any procedural changes to the law.
247 (1) Subject to subsection (2), if a silviculture prescription is approved or put into effect by the district manager before the date this section comes into force, the silviculture prescription remains in effect until a free growing stand is produced on the area under the silviculture prescription or the silviculture prescription is replaced under this Act or the regulations.
(2) The law respecting the content of silviculture prescriptions, as it was immediately before the date this section comes into force, continues to apply to a silviculture prescription approved or given effect by the district manager before the date this section comes into force and to an amendment to that silviculture prescription.
Division 9 -- Riparian and Terrain Stability Requirements on and after
June 15, 1997
248 (1) Despite any provision of an operational plan approved or put into effect by the district manager before June 15, 1997, on and after that date, a person must not remove trees from, or modify trees in, an area under the plan that is in a riparian reserve zone set out under Part 10 of the Operational Planning Regulation unless the removal or modification
(a) before the coming into force of this section was approved in the operational plan for one or more of the following purposes:
(i) recovery of trees that have been windthrown or that have been damaged by fire, insects, disease or other causes;
(ii) sanitation treatments;
(iii) undertaking recreational facility management;
(iv) managing fisheries and wildlife values;
(v) establishing a free growing stand in accordance with a silviculture prescription, this Act and the regulations on an area harvested before June 15, 1997;
(vi) silviculture treatments under a stand management prescription, or
(b) is necessary for one or more of the following purposes:
(i) removal of trees felled before June 15, 1997;
(ii) removal of trees for approved stream crossings;
(iii) removal of trees for the construction or modification of a road under an approved road layout and design;
(iv) full suspension yarding corridors;
(v) removal of danger trees;
(vi) reducing windthrow potential by topping or pruning;
(vii) carrying out, constructing, modifying or maintaining a range development, or
(2) Despite any provision of an operational plan, referred to in subsection (1), on and after June 15, 1997, the holder of an agreement under the Forest Act must not, outside a community watershed, clearcut an area under the plan that has a high likelihood of landslides, unless
(a) the district manager determines that the clearcutting will adequately manage and conserve the forest resources of the area, or
(b) timber harvesting of the area began before June 15, 1997.
249 Despite any provision of a cutting permit that is in effect on June 15, 1997, a person must not, on and after that date,
(a) remove trees from, or modify trees in, an area under the cutting permit that is in a riparian reserve zone set out under Part 10 of the Operational Planning Regulation, unless the removal or modification
(i) is approved in an operational plan for one or more of the purposes referred to in section 248 (1) (a), or
(ii) is necessary for one or more of the purposes referred to in section 248 (1) (b), or
(b) outside a community watershed, clearcut an area under the cutting permit that has a high likelihood of landslides, unless
(i) the district manager determines that clearcutting will adequately manage and conserve the forest resources of the area, or
(ii) timber harvesting of the area began before June 15, 1997.
250 (1) Despite any provision of a timber sale licence that does not provide for cutting permits, if the licence is advertised on or before June 15, 1997, or is in effect on June 15, 1997, a person must not, on and after that date,
(a) remove trees from, or modify trees in, an area under an operational plan for the licence that is in a riparian reserve zone set out under Part 10 of the Operational Planning Regulation, unless the removal or modification
(i) is approved in an operational plan for one or more of the purposes referred to in section 248 (1) (a), or
(ii) is necessary for one or more of the purposes referred to in section 248 (1) (b), or
(b) outside a community watershed, clearcut on an area under the licence that has a high likelihood of landslides, unless
(i) the district manager determines that clearcutting will adequately manage and conserve the forest resources of the area, or
(ii) timber harvesting of the area began before June 15, 1997.
(2) Subsections (3) to (5) apply to a timber sale licence that does not provide for cutting permits,
(a) if the licence was advertised on or before June 15, 1997 or entered into before June 15, 1997, or
(b) if an operational plan for a cutblock under the licence was prepared before June 15, 1997.
(3) Despite a provision in a timber sale licence respecting an area in a cutblock referred to in subsection (2) (b), the district manager may amend the size, configuration and location of the cutblock to ensure consistency with this section.
(4) Section 241 (2) and (3) applies to a timber sale licence referred to in subsection (2) of this section.
(5) Section 241 (4) and (5) applies to the exercise of powers by a district manager under subsection (3) of this section.
251 For the purpose of determining the width of a riparian zone referred to in sections 248 to 250, "fish stream" has the meaning defined in the Operational Planning Regulation as it was on June 15, 1997.
252 (1) If an amendment to a timber sale licence that does not provide for cutting permits, an operational plan or a cutting permit results from sections 248 to 251,
(a) the holder of the plan, permit or licence must submit the amendment to the district manager for approval as soon as practicable and not later than the end of September 30, 1997, if the plan was prepared and submitted to the district manager by the licensee for approval,
(b) the amendment must be prepared by the district manager as soon as practicable and not later than the end of September 30, 1997, if the plan was put into effect by the district manager,
(c) sections 2 to 5 of the Operational Planning Regulation do not apply to the amendment, and
(d) timber harvesting may take place under the licence, plan or permit before it is amended, to the extent that the harvesting does not conflict with this Division.
(2) This Division does not require an amendment to a timber sale licence that does not provide for cutting permits, an operational plan or a cutting permit except an amendment resulting from sections 248 to 251.
Supplement to the Forest Practices Code of British Columbia Act
137 Section 1 (8) of the Forest Practices Code of British Columbia Act, as enacted by section 1 of the Supplement to the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, is amended by striking out "19 to 33, 35 to 41, 44, 49, 50, 52, 54, 59 to 61, 63 (5) and (7), 64, 65, 69, 74, 101 (1)," and substituting "19, 19.1, 20 to 33, 35 to 41, 44, 48.1, 49, 50, 52, 54, 59 to 61, 63 (5) and (7), 64, 65, 69, 71.1, 74, 101 (1) or (1.1),".
Forests Statutes Amendment Act, 1997
138 Section 1 (1) of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, as amended by the Forests Statutes Amendment Act, 1997, is amended in the definition of "operational plan"
(a) by striking out "access management plan,", and
(b) by striking out "and stand management prescription" and substituting ", stand management prescription and site plan".
139 Section 11 of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, as amended by the Forests Statutes Amendment Act, 1997, is amended by repealing paragraphs (c) and (d) and substituting the following:
(c) it must be consistent with any higher level plan in effect when the logging plan is submitted for the district manager's approval.
140 Section 18 of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, as amended by the Forests Statutes Amendment Act, 1997, is amended by repealing subsections (1), (3), (3.1) and (4) and substituting the following:
(1) The district manager may invite applications for, or enter into, a timber sale licence that does not provide for cutting permits, only if a forest development plan identifies the cutblocks that are to be harvested under the timber sale licence during the period covered by the forest development plan.
(3) If a timber sale licence that is not a major licence provides for cutting permits, the holder may apply for a cutting permit only if the cutblocks to be harvested under the cutting permit are identified in a forest development plan.
(4) If a timber sale licence that is not a major licence and does not provide for cutting permits has a term that extends beyond the period covered by a forest development plan described in subsection (1), the holder of the timber sale licence must not under that licence harvest timber from an area not identified in that forest development plan unless another forest development plan is given effect that identifies the additional cutblocks to be harvested under the timber sale licence.
(4.1) A forest development plan prepared by the district manager under this section must identify the approximate location of the following existing and proposed roads:
(a) the forest service roads that are not required to be identified on a forest development plan prepared by the holder of
(i) a major licence,
(ii) a timber sale licence that is not a major licence and that provides for cutting permits, if the holder has prepared the forest development plan under subsection (5), or
(iii) a woodlot licence;
(b) roads referred to in subsection (4.2), if the holder of a timber sale licence that is not a major licence and that provides for cutting permits does not prepare a forest development plan under subsection (5);
(c) the roads for which the holder of a timber sale licence that is not a major licence and that does not provide for cutting permits is responsible under a road permit, or for which the holder will be required to have a road permit.
(4.2) If the holder of a timber sale licence, that is not a major licence, and provides for cutting permits, prepares a forest development plan, the plan must identify the approximate location of the following existing and proposed roads:
(a) existing forest service roads that the holder uses to access cutblocks;
(b) existing roads for which the holder is responsible under a road permit;
(c) proposed roads that provide access to cutblocks or to areas that are intended to be the site of future cutblocks.
(4.3) Subsections (1), (3), (4), (4.1) and (4.2) do not apply to a timber sale licence that authorizes minor salvage operations if, for those operations, there is in effect a forest development plan that meets the requirements of section 10 (3).
141 Section 19 of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, as amended by the Forests Statutes Amendment Act, 1997, is amended
(a) by repealing subsections (1) and (1.1) and substituting the following:
(1) A holder of a major licence or a woodlot licence may apply for a cutting permit, and a holder of a pulpwood agreement may apply for a timber sale licence, only if a forest development plan identifies the cutblocks to be harvested under the cutting permit or licence.
(1.1) In subsection (1.2), "old cutblock" means an area that, before June 15, 1995,
(a) was shown on a development plan, operating plan, pre-harvest silviculture prescription or logging plan as an area from which timber was to be harvested, and
(b) was the site of timber harvesting under the plan or prescription. , and
(b) by adding the following subsections:
(1.2) A forest development plan prepared by the holder of a major licence or woodlot licence must identify the approximate location of
(a) the following roads that provide access to cutblocks:
(i) existing forest service roads that the holder uses;
(ii) existing roads for which the holder is responsible under a road permit,
(b) existing roads that provide access to cutblocks or old cutblocks if the holder is responsible for the road under a cutting permit issued before June 15, 1995,
(c) proposed roads that provide access to cutblocks or to areas that are intended to be the site of future cutblocks, and
(d) roads for purposes other than timber harvesting if the holder is responsible for the road under a road permit.
(1.3) Subsections (1) and (1.2) do not apply to a major licence, woodlot licence or pulpwood agreement that authorizes minor salvage operations if, for those operations, a forest development plan meeting the requirements of section 10 (3) has been approved by the district manager.
142 Section 42 (2) of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159 as amended by the Forests Statutes Amendment Act, 1997, is repealed and the following substituted:
(2) If the district manager approves a forest development plan or amendment under subsection (1), the district manager may immediately approve a silviculture prescription or amendment if the district manager determines that
(a) the prescription or amendment complies with the regulations and the standards, and
(b) the timber on the area under prescription should be harvested without delay because it is in danger of being damaged, significantly reduced in value, lost or destroyed.
143 Section 62 (1) (d) of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159 as amended by the Forests Statutes Amendment Act, 1997, is amended by striking out "access management plan,".
144 Section 143 (2) of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159 as amended by the Forests Statutes Amendment Act, 1997, is amended by striking out "64 (1), (2), (3), (5) or (12), 67, 68, 70 (3), 76 (1)" and substituting "64 (1), (1.1), (2), (3), (5) or (12), 67, 68, 70 (3) or (3.1) (a), 76 (1)".
145 Section 143 (3) of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159 as amended by the Forests Statutes Amendment Act, 1997, is amended
(a) by striking out "20 (1),",
(b) by striking out "26 (2),", and
(c) by striking out "47 (1), 50, 52 (2), 54 (1), (2), (3), or (6), 60 (1), 72 (2), 74" and substituting "47 (1), 48.1 (6), 50, 52 (2), 54 (1), (2) (3), or (6), 60 (1), 71.1 (7), 72 (2) or (2.1), 74".
146 Section 143 (4) of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159 as amended by the Forests Statutes Amendment Act, 1997, is amended by adding "64 (5.1)," after "61 (1),".
Range Act
147 Section 1 of the Range Act, R.S.B.C. 1996, c. 396, is amended
(a) by repealing the definition of "appeal board", and
(b) by adding the following definition:
"Forest Appeals Commission" means the Forest Appeals Commission continued under the Forest Practices Code of British Columbia Act; .
148 Section 14 is amended
(a) in subsection (1) (a) by striking out "regional manager" in both places and substituting "district manager", and
(b) in subsection (2) by striking out "an appeal board" and substituting "the Forest Appeals Commission".
149 Section 31 is amended by striking out "regional manager or" wherever it appears.
150 Sections 32 and 38 are amended by striking out "regional manager or".
151 Section 34 is amended by striking out "The regional manager, district manager or a forest officer authorized by either of them" and substituting "The district manager or a forest officer authorized by the district manager".
152 Section 41 is amended
(a) by adding "and" at the end of paragraph (a) and by repealing paragraphs (b) and (c) and substituting the following:
(b) a district manager under sections 31, 32, 34 and 35, and under a licence or permit. ,
(b) by repealing subsection (2) and substituting the following:
(2) A review of the determination, order and decision referred to in subsection (1) (a) and (b) is to be conducted by the regional manager. ,
(c) in subsection (3) by striking out "the chief forester or the regional manager under subsection (2), the chief forester or" and substituting "the regional manager under subsection (2), the",
(d) in subsection (4) by striking out "an appeal board from a determination, order or decision of a forest officer, district manager or regional manager" and substituting "the Forest Appeals Commission from a determination, order or decision of a forest officer or district manager", and
(e) in subsection (5) by striking out "appeal board" and substituting "Forest Appeals Commission".
153 Section 43 is repealed and the following substituted:
43 Unless the minister orders otherwise, a review or an appeal taken under this Act does not operate as a stay or suspend the operation of the determination, order or decision being reviewed or appealed.
Special Accounts Appropriation and Control Act
154 Section 5 (1) and (2) of the Special Accounts Appropriation and Control Act, R.S.B.C. 1996, c. 436, is repealed and the following substituted:
(1) Amounts paid into the Forest Stand Management Fund special account
(a) under section 71 of the Forest Practices Code of British Columbia Act and earnings calculated and attributable to those amounts form a sub-account, called the Silviculture Payments Sub-account, and
(b) under section 117.2 of the Forest Practices Code of British Columbia Act and earnings calculated and attributable to those amounts form a sub-account, called the Environmental Remediation Sub-account.
(2) Despite section 21 (3) of the Financial Administration Act, the Minister of Forests may expend amounts out of
(a) the Silviculture Payments Sub-account for a purpose related to carrying out a silviculture prescription under section 71 of the Forest Practices Code of British Columbia Act and for expenses directly or indirectly related to such a purpose, and
(b) the Environmental Remediation Sub-account for a purpose related to
(i) carrying out work under section 118 (3) (b) of the Forest Practices Code of British Columbia Act, and
(ii) remedying environmental damage to Crown forest land or Crown range land
and for expenses directly or indirectly related to such a purpose.
155 (1) Section 56 (5) of the Forest Act does not apply, and is conclusively deemed not to have applied since the beginning of the day on January 30, 1996, to the change in control of Evans Forest Products Limited referred to in the consent of the Minister of Forests given under section 54 of the Forest Act and dated January 30, 1996.
(2) Section 56 (5) of the Forest Act does not apply, and is conclusively deemed not to have applied since the beginning of the day on December 17, 1996, to the change in control of Evans Forest Products Limited referred to in the consent of the Minister of Forests given under section 54 of the Forest Act and dated December 17, 1996.
(3) The consent referred to in subsection (1) is conclusively deemed to have been validly given under section 54 of the Forest Act, on January 30, 1996.
(4) The consent referred to in subsection (2) is conclusively deemed to have been validly given under section 54 of the Forest Act, on December 17, 1996.
156 (1) Sections 29 to 38, 39 (b) and (c), 112 to 119, 125, 126 and 129 of this Act apply to reviews and appeals of orders, determinations and decisions under the Forest Act, the Forest Practices Code of British Columbia Act and the Range Act, except as set out in this section.
(2) Sections 144 and 145 of the Forest Act, as they were immediately before the coming into force of section 29 of this Act, apply to a review of a determination, order or decision referred to in section 143 (1) of the Forest Act or in section 41 of the Range Act if the determination, order or decision was served before that date on the person affected by it.
(3) Sections 146 to 149 of the Forest Act, as they were immediately before the coming into force of section 29 of this Act, apply to an appeal of a written decision referred to in section 145 (3) of the Forest Act if the written decision was served before that date on the person affected by it.
(4) Sections 127 to 129 of the Forest Practices Code of British Columbia Act, as they were immediately before the coming into force of section 112 of this Act, apply to a review of a determination referred to in section 127 of the Forest Practices Code of British Columbia Act if the determination was given before that date to the person affected by it.
(5) Sections 130 to 140 of the Forest Practices Code of British Columbia Act, as they were immediately before the coming into force of section 112 of this Act, apply to an appeal to the Forest Appeals Commission of a written decision referred to section 129 (5) of the Forest Practices Code of British Columbia Act if the written decision was given before that date to the person affected by it.
157 If an agreement provides for cutting permits to be issued by the district manager and the agreement is in effect on the coming into force of this section, the cutting permit may be issued by the district manager or a forest officer authorized by the district manager.
158 (1) If a senior official makes a determination under section 116.2 (1) of the Forest Practices Code of British Columbia Act that, before the coming into force of this section, a person contravened the Forest Practices Code of British Columbia Act or the regulations under that Act,
(a) sections 117 and 119 of the Forest Practices Code of British Columbia Act as they were immediately before the coming into force of this section, apply to any penalty levied for the contravention,
(b) subject to subsection (2), section 118 of the Forest Practices Code of British Columbia Act, as amended by the Forests Statutes Amendment Act, 1997, applies to the contravention, and
(c) sections 116.2, 116.4 and 117.1 to 117.3 of the Forest Practices Code of British Columbia Act, as enacted by the Forests Statutes Amendment Act, 1997, apply to the contravention.
(2) If a person fails to comply with an order referred to in section 118 (3) of the Forest Practices Code of British Columbia Act that was given before the coming into force of this section, section 118 of that Act, as it was immediately before the coming into force of this section, applies to any action taken or penalty imposed in respect of the failure.
159 Despite section 10 (1) (d) of the Forest Practices Code of British Columbia Act, a forest development plan that is submitted for the district manager's approval or given effect by the district manager on or before October 15, 1997 must meet the requirements of the Forest Practices Code of British Columbia Act and the regulations and standards made under that Act that were in effect on June 15, 1997.
160 (1) The following come into force by regulation of the Lieutenant Governor in Council:
(a) that part of section 1 which adds
(i) paragraph (d) to the definition of "small business forest enterprise revenue", and
(ii) the definition of "Forest Appeals Commission";
(b) sections 2, 10, 12, 18 to 20, 26, 27, 28, 29 to 40, 44 (a), (d) to (g), (l) and (n), 45, 46 to 49, 50 (b) and 51;
(c) that part of section 54 that adds section 10 (4) and (5) to the Forest Practices Code of British Columbia Act;
(d) sections 55 (a), 56 (a), 63 to 65, 66 (c) and (d), 67, 68, 72, 73, 77, 79, 81, 82, 84 to 86, 91, 93, 94 (a), 95 (b) and (c), 96 (d) and (e), 97 to 99, 101, 106 to 119, 120 (a) and 124 to 129;
(e) that part of section 136 enacting Division 8 of Part 11;
(f) sections 138 (b), 139, 142, 143, 144, 145 (a) and (c), 146, 147, 148 (b), 152 (d) and (e), 154, 156 and 158.
(2) Sections 44 (k), 58, 69 and that part of section 132 that repeals sections 232 (4), 233 (3), 234 (3) and 235 of the Forest Practices Code of British Columbia Act are deemed to have come into force the beginning of June 15, 1995 and are retroactive to the extent necessary to give them effect on and after that date.
(3) Sections 28 and 131 are deemed to have come into force on April 21, 1997 and are retroactive to the extent necessary to give them effect on and after that date.
(4) Sections 130 and 133 are deemed to have come into force immediately before June 15, 1997 and are retroactive to the extent necessary to give them effect on and after that date.
(5) Sections 120 (d), 135 and that part of section 136 enacting Division 9 of Part 11, are deemed to have come into force on June 15, 1997 and are retroactive to the extent necessary to give them effect on and after that date.
(6) The following come into force on January 5, 1998:
(a) sections 22 (a), 23 to 25, 59, 70, 80 (a), 83, 89, 90 (a) and 92;
(b) that part of section 132 that repeals section 236 of the Forest Practices Code of British Columbia Act;
(c) that part of section 136 enacting Division 7 of Part 11;
(d) sections 138 (a), 140, 141 and 145 (b).
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