1998 Legislative Session: 3rd Session, 36th Parliament
FOR REPORT
Certified correct as amended in Committee of the Whole on the 21st day of July, 1998
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 by adding the following definitions:
"community forest agreement" means a community forest agreement entered into under Part 3, Division 7.1, and includes a probationary community forest agreement, long-term community forest agreement and community forest pilot agreement;
"community forest agreement area" means the area of land subject to a community forest agreement; .
2 Section 8 is repealed and the following substituted:
Allowable annual cut
8 (1) The chief forester must determine an allowable annual cut at least once every 5 years after the date of the last determination, for
(a) the Crown land in each timber supply area, excluding tree farm licence areas, community forest agreement areas and woodlot licence areas, and
(b) each tree farm licence area.
(2) If the minister
(a) makes an order under section 7 (b) respecting a timber supply area, or
(b) amends or enters into a tree farm licence to accomplish a result set out under section 39 (1) (a) to (d),
the chief forester must make an allowable annual cut determination under subsection (1) for the timber supply area or tree farm licence area
(c) within 5 years after the order under paragraph (a) or the amendment or entering into under paragraph (b), and
(d) after the determination under paragraph (c), at least once every 5 years after the date of the last determination.
(3) If
(a) the allowable annual cut for the tree farm licence area is reduced under section 9 (3), and
(b) the chief forester subsequently determines, under subsection (1) of this section, the allowable annual cut for the tree farm licence area,
the chief forester must determine an allowable annual cut at least once every 5 years from the date the allowable annual cut under subsection (1) of this section is effective under section 9 (6).
(4) If the allowable annual cut for the tree farm licence area is reduced under section 9 (3), the chief forester is not required to make the determination under subsection (1) of this section at the times set out in subsection (1) or (2) (c) or (d), but must make that determination within one year after the chief forester determines that the holder is in compliance with section 9 (2).
(5) In determining an allowable annual cut under subsection (1) the chief forester may specify portions of the allowable annual cut attributable to
(a) different types of timber and terrain in different parts of Crown land within a timber supply area or tree farm licence area,
(b) different types of timber and terrain in different parts of private land within a tree farm licence area, and
(c) gains in timber production on Crown land that are attributable to silviculture treatments funded by the government of British Columbia, the federal government, or both.
(6) The regional manager or district manager must determine a volume of timber to be harvested from each woodlot licence area during each year or other period of the term of the woodlot licence, according to the licence.
(7) The regional manager or the regional manager's designate must determine a volume of timber to be harvested from each community forest agreement area during each year or other period, in accordance with
(a) the community forest agreement, and
(b) any directions of the chief forester.
(8) In determining an allowable annual cut under subsection (1) the chief forester, despite anything to the contrary in an agreement listed in section 12, must consider
(a) the rate of timber production that may be sustained on the area, taking into account
(i) the composition of the forest and its expected rate of growth on the area,
(ii) the expected time that it will take the forest to become re-established on the area following denudation,
(iii) silviculture treatments to be applied to the area,
(iv) the standard of timber utilization and the allowance for decay, waste and breakage expected to be applied with respect to timber harvesting on the area,
(v) the constraints on the amount of timber produced from the area that reasonably can be expected by use of the area for purposes other than timber production, and
(vi) any other information that, in the chief forester's opinion, relates to the capability of the area to produce timber,
(b) the short and long term implications to British Columbia of alternative rates of timber harvesting from the area,
(c) the nature, production capabilities and timber requirements of established and proposed timber processing facilities,
(d) the economic and social objectives of the government, as expressed by the minister, for the area, for the general region and for British Columbia, and
(e) abnormal infestations in and devastations of, and major salvage programs planned for, timber on the area.
3 Section 10 (1) is amended by adding ", community forest agreement area" after "not in a tree farm licence area".
4 Section 12 is amended by adding the following paragraph:
(e.1) community forest agreement, .
5 Part 3 is amended by adding the following Division:
Division 7.1 -- Community Forest Agreements
Definitions and interpretation
43.1 In this Division:
"botanical forest product" means a botanical forest product as defined in the Forest Practices Code of British Columbia Act;
"community forest pilot agreement" means a community forest pilot agreement entered into under section 43.5;
"long-term community forest agreement" means a long-term community forest agreement entered into under section 43.4;
"probationary community forest agreement" means a probationary community forest agreement entered into under section 43.2.
Applications
43.2 (1) On request or on the minister's own initiative the minister or a person authorized by the minister, by advertising in the prescribed manner, may invite applications for a probationary community forest agreement.
(2) In advertising under subsection (1) the minister or authorized person may describe the area of Crown land that is proposed for the community forest agreement.
(3) The regional manager or the regional manager's designate must not enter into a community forest agreement unless it has been advertised under subsection (1) and a public hearing has been held on the applications.
(4) An application for a community forest agreement must be made to the minister or a person authorized by the minister and must
(a) be in the form specified by the minister or by a person authorized by the minister,
(b) if an area of Crown land was not described in the advertising, describe the area of Crown land proposed for inclusion in the community forest agreement area,
(c) if land, other than Crown land, is proposed for inclusion in the community forest agreement area and the land is
(i) in a reserve as defined in the Indian Act (Canada), or
(ii) other private land
include a description of that land,
(d) include a business plan prepared in the manner, presented in the format and meeting the specifications required by the minister or a person authorized by the minister,
(e) include, according to the specifications required by the minister or a person authorized by the minister, a summary of the submissions received in, and the results of, the public review of the application, and
(f) include other information, prepared in the manner, presented in the format and meeting the specifications required by the minister or a person authorized by the minister.
(5) A community forest agreement must be entered into only with
(a) a band as defined in the Indian Act (Canada),
(b) a municipality or regional district, or
(c) any of the following if prescribed requirements are met:
(i) a society incorporated under the Society Act;
(ii) an association as defined in the Cooperative Association Act;
(iii) a corporation;
(iv) a partnership.
(6) After a date specified in the advertising, the minister or the person authorized by the minister
(a) may reject all of the applications, or
(b) if all of the applications are not rejected, must
(i) convene a public hearing in which any person may make submissions respecting one or more of the applications, and
(ii) determine the procedures for the public hearing.
(7) After the public hearing, the minister or a person authorized by the minister must evaluate each application, taking into account its potential for
(a) providing long-term opportunities for achieving a range of community objectives, including employment, forest related education and skills training and other social, environmental and economic benefits,
(b) balancing uses of forest resources,
(c) meeting the objectives of government in respect of environmental stewardship and the management of timber, water, fisheries, wildlife and cultural heritage resources,
(d) enhancing the use of and benefits derived from the community forest agreement area,
(e) encouraging co-operation among stakeholders,
(f) providing social and economic benefits to British Columbia, and
(g) other factors that the minister or person authorized by the minister specifies in the advertising.
(8) After the evaluation under subsection (7), the minister or a person authorized by the minister may
(a) approve one or more applications,
(b) agree with one or more applicants that the community forest agreement will
(i) cover a portion of the land that was applied for, and
(ii) include other terms and conditions that the minister or a person authorized by the minister considers necessary, or
(c) reject any or all applications.
(9) The regional manager or the regional manager's designate must not enter into a community forest agreement until a management plan is approved by the regional manager or designate for the proposed community forest agreement area.
(10) Subject to subsections (5) and (9), the regional manager or the regional manager's designate must enter into a probationary community forest agreement with every band, municipality, regional district, society, association, corporation or partnership whose application is approved under subsection (8).
Content of community forest agreement
43.3 A community forest agreement
(a) must be for a term
(i) of 5 years if it is a probationary community forest agreement, or
(ii) of not less than 25 years and not more than 99 years if it is a long- term community forest agreement,
(b) must describe a community forest agreement area, determined by the minister or a person authorized by the minister, comprising Crown land and, if the area so determined includes land that is
(i) in a reserve as defined in the Indian Act (Canada), or
(ii) private land
also comprising that land,
(c) subject to this Act and the agreement,
(i) must give to its holder the exclusive right to harvest timber on the Crown land referred to in paragraph (b), for the term of the agreement, and
(ii) may give to its holder the right to harvest, manage and charge fees for botanical forest products and other prescribed products,
(d) must require its holder to pay to the government in addition to other amounts payable under the agreement, this Act and the regulations, stumpage under Part 7 in respect of Crown timber,
(e) must provide for cutting permits to be issued by the district manager, or a forest officer authorized by the district manager, within the limits provided in the community forest agreement and subject to this Act and the Forest Practices Code of British Columbia Act, to authorize the holder of the community forest agreement to harvest timber from specified areas of land within the community forest agreement area,
(f) must require its holder to
(i) submit for the approval of the regional manager or the regional manager's designate, at the times specified in the agreement, a management plan that meets the requirements of the community forest agreement, and
(ii) implement management plans approved by the regional manager or the regional manager's designate,
(g) must require its holder, in accordance with the community forest agreement, to
(i) carry out audits and make and submit reports concerning the holder's performance under the agreement, and
(ii) make information available to the public and carry out consultation activities with the public concerning matters relating to the community forest agreement, and
(h) may include other terms and conditions that the regional manager or regional manager's designate determines are consistent with any proposal made in the application for the community forest agreement, this Act and the regulations, the Forest Practices Code of British Columbia Act and the regulations and standards under that Act.
Replacement of probationary and long-term community forest agreements
43.4 (1) The minister or a person authorized by the minister must assess a probationary community forest agreement at the time and in the manner specified in the regulations.
(2) After the assessment, the minister or a person authorized by the minister may
(a) grant one extension of the term of the probationary community forest agreement for a period not exceeding 5 years,
(b) offer the holder of the probationary community forest agreement a replacement for the agreement in the form of a long-term community forest agreement, or
(c) refuse to offer to replace the probationary community forest agreement.
(3) If
(a) the minister or person authorized by the minister does not grant an extension of the term of, or offer to replace, a probationary community forest agreement, or
(b) an offer to replace the probationary community forest agreement is not accepted
the probationary community forest agreement continues in force until its term expires, after which it has no further effect.
(4) During the 6 month period following the ninth anniversary of a long-term community forest agreement, the minister or a person authorized by the minister must offer the holder a replacement long-term community forest agreement.
(5) A long-term community forest agreement offered under subsection (2) (b) or (4) must
(a) be for a term of not less than 25 years and not more than 99 years, commencing on
(i) in the case of a long-term agreement offered under subsection (2) (b), the expiry of the probationary community forest agreement, or
(ii) in the case of a long-term agreement offered under subsection (4), the tenth anniversary of the existing long-term community forest agreement,
(b) describe as a community forest agreement area the area subject to the existing community forest agreement and any change to the boundary or area made by the minister or person authorized by the minister under subsection (6), and
(c) include other terms and conditions that are set out in the offer and are consistent with this Act and the regulations, the Forest Practices Code of British Columbia Act and the regulations and standards under that Act.
(6) In accordance with the regulations and with the consent of the person to whom a community forest agreement is offered under this section, the minister or a person authorized by the minister, may change the boundary or area in the offered agreement from the boundary or area of the probationary community forest agreement or existing long term community forest agreement, as the case may be.
(7) Notice of an offer made under this section to replace a community forest agreement must be published in the prescribed manner.
(8) An offer made under this section may be
(a) amended, and
(b) accepted by written notice to the minister or a person authorized by the minister, not later than 3 months after the offer is served.
(9) If an offer made under this section is accepted
(a) an agreement in the form of a long-term community forest agreement containing the terms and conditions set out in the offer, including amendments, must be entered into by the regional manager or the regional manager's designate and the holder of the probationary or long-term community forest agreement, and
(b) the probationary or long-term community forest agreement expires on the commencement of the replacement agreement.
(10) A community forest agreement is not renewable.
Community forest pilot agreement
43.5 (1) The minister may
(a) invite applications for a community forest pilot agreement, and
(b) direct the regional manager or district manager to enter into a community forest pilot agreement with one or more of the applicants for the pilot agreement.
(2) Sections 43.2 and 43.3 (a) do not apply to a community forest pilot agreement.
(3) The term of a community forest pilot agreement must not exceed 5 years.
(4) Section 43.4 applies to a community forest pilot agreement as if the pilot agreement is a probationary community forest agreement.
(5) This section, except subsection (4), is repealed on January 1, 2004.
6 Section 45 (f) (iv), (v) and (vii) is repealed and the following substituted:
(iv) it proposes management objectives, in accordance with the woodlot licence, regarding
(A) utilization of the timber resources in the woodlot licence area,
(B) protection and conservation of the non-timber values and resources in the woodlot licence area,
(C) forest fire prevention and suppression,
(D) forest health, including pest management,
(E) silviculture, and
(F) road construction, maintenance and deactivation,
(v) it includes proposals, in accordance with the woodlot licence, for meeting the proposed management objectives under subparagraph (iv), including measures to be taken and specifications to be followed by the holder of the woodlot licence,
(vii) it includes any other inventories and information regarding the development, management and use of the woodlot licence area that the district manager, in accordance with the woodlot licence, requires, and .
7 The following section is added:
Timber processing facility
46.1 (1) This section applies despite section 44 (6) (a).
(2) The district manager may enter into a woodlot licence with a person, corporation or band that owns or leases, or controls a corporation that owns or leases, a timber processing facility in British Columbia if the production capacity of the facility is less than the prescribed production capacity and the person, corporation or band
(a) meets the prescribed requirements, and
(b) complies with any conditions imposed by the district manager.
(3) The district manager may offer a replacement woodlot licence under section 46 to a person, corporation or band that owns or leases, or controls a corporation that owns or leases, a timber processing facility in British Columbia if the production capacity of the facility is less than the prescribed production capacity and the person, corporation or band
(a) meets the prescribed requirements, and
(b) complies with any conditions imposed by the district manager.
(4) On application in writing by the holder of a woodlot licence, the district manager may permit the holder to own or lease, or control a corporation that owns or leases, a timber processing facility in British Columbia if the production capacity of the facility is less than the prescribed production capacity and the holder of the licence
(a) meets the prescribed requirements, and
(b) complies with any conditions imposed by the district manager.
(5) If the district manager approves an application under subsection (4), the approval takes effect when the district manager and the holder of the woodlot licence enter into an agreement amending the woodlot licence in a manner that the district manager considers to be consistent with
(a) the holder of the woodlot licence owning or leasing, or controlling a corporation that owns or leases, a timber processing facility in British Columbia,
(b) the prescribed requirements, and
(c) any conditions imposed by the district manager.
(6) The Lieutenant Governor in Council may make regulations prescribing
(a) criteria that the district manager must consider before
(i) entering into a woodlot licence with a person who owns or leases, or control a corporation that owns or leases, a timber processing facility in British Columbia,
(ii) offering a replacement woodlot licence under section 46 to a person, corporation or band that owns or leases, or controls a corporation that owns or leases, a timber processing facility in British Columbia, or
(iii) permitting the holder of a woodlot licence to own or lease, or control a corporation that owns or leases, a timber processing facility in British Columbia, and
(b) the types of conditions the district manager may impose for the purposes of this section.
8 Section 53 is amended
(a) in subsection (1) by adding the following definition:
"undercut carry forward" means the volume of timber that a holder of an agreement is granted approval to harvest in a calendar year as determined under section 67 (4); ,
(b) in subsection (1) by repealing the definition of "volume of timber harvested during a calendar year" and substituting the following:
"volume of timber harvested during a calendar year" means, in relation to an agreement, the total of the volumes listed in subsection (1.1) (a) to (e) minus the undercut carry forward for that calendar year. , and
(c) by adding the following subsection:
(1.1) The volumes listed for the purpose of the definition of "volume of timber harvested during a calendar year" in subsection (1) are those of the following volumes that are charged to the holder of the agreement in that calendar year in statements issued on behalf of the government:
(a) the volume of timber cut under the agreement and under road permits issued under the agreement;
(b) the volume of timber estimated to be wasted or damaged under cutting permits and road permits issued under the agreement;
(c) the volume of timber cut by the holder of the agreement anywhere in the timber supply area or tree farm licence area, as the case may be, otherwise than under and in compliance with this Act or an agreement entered into under this Act;
(d) the volume of timber credited in respect of the agreement by the regional manager or the district manager;
(e) the part of the volume of timber harvested under the agreement during the immediately preceding 5 year cut control period in excess of the total of the allowable annual cuts in effect under the agreement during that 5 year cut control period, that is carried forward to that calendar year under section 65 (5).
9 Section 56 (1) is amended by repealing paragraph (a) and substituting the following:
(a) in respect of a replaceable agreement that is
(i) a forest licence, or
(ii) a timber sale licence that has an allowable annual cut of greater than 10 000 m3
the allowable annual cut specified in the licence is reduced by 5%, and .
10 The following section is added:
Disposition of allowable annual cut reduction
56.1 (1) In this section, a reference to "agreement" means an agreement that on or after June 19, 1997 is subject to the minister's prior written consent under section 54.
(2) If the allowable annual cut of an agreement is reduced under section 56 (1), the holder of the agreement may apply to have the allowable annual cut of the agreement increased by the amount of the reduction by serving a written notice on the minister requesting the increase and enclosing a job creation plan.
(3) The written notice and job creation plan must be served on the minister not later than 3 months after the consent was given under section 54 in respect of the agreement.
(4) The minister may
(a) approve the job creation plan,
(b) with the consent of the holder of the agreement who submitted the plan, approve an amended job creation plan, or
(c) reject the job creation plan.
(5) The minister must increase the allowable annual cut of the agreement, effective the date of the reduction under section 56 (1) by an amount equal to the reduction if
(a) the minister approves the job creation plan under subsection (4) (a) or (b), and
(b) the increase is consistent with the government's social and economic objectives for the area affected by the agreement.
(6) The minister may reduce the allowable annual cut of an agreement that was subject to an increase under subsection (5) by an amount not exceeding the increase if the holder of the agreement is not complying with the job creation plan approved under subsection (4).
(7) Despite subsection (3), if the allowable annual cut of an agreement was reduced before June 10, 1998 and the holder of the agreement wishes to apply under subsection (2) to have the allowable annual cut of the agreement increased, the holder of the agreement is not required to serve the written notice and job creation plan on the minister within 3 months after the consent being given under section 54 for the agreement but must serve the written notice and job creation plan on the minister by October 1, 1998.
(8) This subsection and subsection (7) are repealed on October 1, 1998.
11 Section 64 (1) is amended by adding "or community forest agreement" after "tree farm licence".
12 Section 67 (4) is repealed and the following substituted:
(4) Despite subsection (2), in prescribed circumstances, the minister or a person authorized by the minister may grant approval to the holder of an agreement to harvest, during the 5 year cut control period that immediately follows the 5 year cut control period in which the deficiency occurs, and in the amount each year the minister or person authorized by the minister determines, a volume of timber equal to all or a portion of the deficiency referred to in subsection (2).
(5) An approval under subsection (4) may be conditional or unconditional.
13 Section 78 is amended
(a) by adding the following subsection:
(0.1) In this section, "small business agreement" means
(a) a timber sale licence, or
(b) a forest licence
for which applications were restricted to persons registered in one or more categories of small business forest enterprises. ,
(b) in subsection (1) (a) (ii) and (b) by striking out "timber sale licence" and substituting "small business agreement",
(c) in subsection (1) (e) by adding "for a small business agreement" after "making an application under Part 3",
(d) in subsection (1) (f) and (g) by striking out "timber sale licences" and substituting "small business agreements", and
(e) by adding the following subsections:
(4) Despite subsection (1), and subject to the regulations under subsection (5), if any, the regional manager or district manager must disqualify a person indefinitely or for a specified period from being registered as a small business forest enterprise if the person
(a) is the successful applicant for a small business agreement and does not enter into the agreement, or
(b) is the holder of a small business agreement that has been cancelled because the person did not comply with the agreement.
(5) For the purposes of subsection (4), the Lieutenant Governor in Council may make regulations
(a) specifying periods of disqualification that may differ for different circumstances set out in the regulations, and
(b) authorizing the regional manager or district manager to determine, on a case by case basis, within prescribed limits and according to prescribed criteria, the period of disqualification.
14 Section 111 is amended
(a) in subsection (1) by adding ", community forest agreement" after "tree farm licence", and
(b) by repealing subsection (4) and substituting the following:
(4) In prescribing the rates of annual rent, the Lieutenant Governor in Council may classify agreements granting rights to harvest Crown timber and set different rates for different
(a) classes of agreements,
(b) forms of agreements, or
(c) community forest agreements which are identified by the number of a particular agreement.
15 The following section is added:
Annual rent for council
112.1 (1) If authorized by the regulations and in accordance with the regulations, the Lieutenant Governor in Council, in prescribing the rate of annual rent for a woodlot licence, under section 111 (1), may allocate a portion of that rate to represent money payable to the Woodlot Product Development Council by producers, under the Farming and Fishing Industries Development Act, in respect of a levy established by the council under that Act.
(2) The revenue from the portion of annual rent payable for woodlot licences that is attributable to the allocated portion of the rate of annual rent under subsection (1)
(a) must be paid out of the consolidated revenue fund to the Woodlot Product Development Council, and
(b) when so paid, is deemed to have been paid in satisfaction of the levy referred to in subsection (1).
16 Section 151 is amended
(a) by adding the following subsection:
(1.1) In making a regulation under this Act, the Lieutenant Governor in Council may do one or more of the following:
(a) delegate a matter to a person;
(b) confer a discretion on a person;
(c) make different regulations for different persons, places, things or transactions. ,
(b) by repealing subsections (4) and (5), and
(c) by adding the following subsection:
(6) The Lieutenant Governor in Council may make regulations respecting the following:
(a) the form and content of a job creation plan referred to in section 56.1 (2);
(b) the methods to be used to evaluate job creation proposals in the job creation plan;
(c) the requirement to make a job creation plan available for review and comment before the minister considers the plan;
(d) the making and submitting of reports concerning the job creation plan and performance under the plan.
17 The following section is added:
Community forest agreements -- regulations
151.2 (1) The Lieutenant Governor in Council may make regulations considered necessary or advisable for the purpose of more effectively bringing into operation the provisions of this Act and the Forest Practices Code of British Columbia Act related to community forest agreements, and to remedy any difficulties encountered in doing so.
(2) A regulation made under subsection (1) may, for a period the Lieutenant Governor specifies in the regulation, amend a provision of
(a) this Act,
(b) the Forest Practices Code of British Columbia Act,
(c) the regulations made under either Act, or
(d) an enactment that amends this Act or the Forest Practices Code of British Columbia Act.
(3) A regulation made under this section may be made retroactive to a date not earlier than August 31, 1998.
(4) This section is repealed on August 31, 2001 and on its repeal any regulations made under it are also repealed.
Forest Practices Code of British Columbia Act
18 Section 1 (1) of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, is amended
(a) by repealing the definition of "designated employment and investment official" and substituting the following:
"designated energy and mines official" means a person employed in the Ministry of Energy and Mines who is designated by name or title to be a designated energy and mines 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; ,
(b) in paragraph (a) of the definition of "forest practice" by repealing subparagraph (iii) and substituting the following:
(iii) private land that is subject to a tree farm licence, community forest agreement or a woodlot licence, and ,
(c) in the definition of "ministers" by striking out "Minister of Employment and Investment;" and substituting "Minister of Energy and Mines;",
(d) in paragraph (c) of the definition of "official" by striking out "employment and investment" and substituting "energy and mines", and
(e) in paragraph (d) of the definition of "senior official" by striking out "Ministry of Employment and Investment," and substituting "Ministry of Energy and Mines,".
19 Section 2 is amended by adding the following subsection:
(7) In section 11.1 of the Mineral Tenure Act and section 12.1 of the Coal Act, "applicable higher level plan" means an objective for a resource management zone that specifies that the objective applies to special use permits.
20 Section 19 is amended
(a) in subsection (1) by adding ", community forest agreement" after "A holder of a major licence",
(b) in subsection (1.2) by adding ", community forest agreement" after "A forest development plan prepared by the holder of a major licence",
(c) in subsection (1.3) by adding "community forest agreement," before "woodlot licence or pulpwood agreement",
(d) in subsection (2) by adding ", community forest agreement" after "A forest development plan for a major licence", and
(e) in subsection (4) by adding ", community forest agreement" after "holder of a major licence".
21 Section 21 (a) as enacted by the Forests Statutes Amendment Act, 1997, is amended by adding ", community forest agreement" after "holds a major licence, timber sale licence".
22 Section 23 (2) is amended by adding ", community forest agreement" after "Before the holder of a major licence".
23 Section 24 is amended
(a) in subsection (2) by adding ", community forest agreement" after "Before the holder of a major licence", and
(b) in subsection (3) by adding "community forest agreement or a" after "Despite subsection (2), the holder of a".
24 Section 39 (1) is amended by adding ", community forest agreement" after "Subject to sections 42 and 43, before a holder of a major licence".
25 Section 50 (1) (b) is amended by striking out "the conditions of a burning permit and the regulations and standards." and substituting "this Act and the regulations."
26 Section 67 (1) (c) is amended by adding ", community forest agreement" after "private land that is subject to a tree farm licence".
27 Section 68 (1.1) as enacted by the Forests Statutes Amendment Act, 1997, is amended by adding "community forest agreement or" after "A holder of a".
28 Section 72 is amended
(a) in subsection (2) by adding ", community forest agreement" after "If the holder of a major licence", and
(b) in subsection (3) (a) by adding "or agreement" after "holder of the licence".
29 Section 75 is amended by adding the following definition:
"local government" means the following:
(a) the trustees of an improvement district;
(b) the council of a municipality;
(c) the board of a regional district;
(d) the council of the City of Vancouver; .
30 Section 76 is amended
(a) by repealing subsection (1) and substituting the following:
(1) A person must not light, fuel or make use of an open fire in or within 1 km of a forest, except in compliance with
(a) this Act and the regulations, and
(b) any notice or order published, broadcast or given under section 78 (1).
(1.1) Subsection (1) applies despite any provision to the contrary in an operational plan. ,
(b) by repealing subsection (2), and
(c) in subsection (3) by striking out "does not require a burning permit to" and substituting "may".
31 Section 77 is repealed.
32 Section 78 is repealed and the following substituted:
Notice or order respecting restriction, prohibition or
extinguishment of an open fire
78 (1) A designated forest official, if he or she considers it necessary to limit the risk of a forest fire starting or to address a public health or safety concern,
(a) in a notice published or broadcast, or both, in or near an area, including an area exempted under section 76 (4), may
(i) restrict, with or without conditions, or prohibit the lighting, fueling or use of an open fire in an area, or
(ii) order that a person who is lighting, fueling or making use of an open fire in an area to extinguish the fire, and
(b) in a notice given to a person who is lighting, fueling or making use of an open fire in an area, may
(i) restrict, with or without conditions, or prohibit the person from lighting, fueling or making use of the fire, or
(ii) order the person to extinguish the fire.
(2) An order made under this section may be different for different categories of open fires set out in the regulations.
33 Section 81 is repealed.
34 Section 89 (1) is repealed and the following substituted:
(1) The government may carry out a fire control and suppression operation
(a) on any land, wherever located, if a designated forest official determines that
(i) the operation is necessary to control or extinguish a fire, and
(ii) forest resources on Crown land or private land are threatened by the fire, or
(b) on land within a local government's jurisdiction if the local government or a person authorized by the local government requests that the operation be carried out.
35 Section 124 is repealed.
36 Section 162 is amended
(a) in subsection (1) by adding ", or" at the end of paragraph (d),
(b) by repealing subsection (1) (e), and
(c) in subsection (2) by striking out ", permit".
37 Section 211 is repealed and the following substituted:
Timber harvesting practices and methods
211 The Lieutenant Governor in Council may make regulations respecting timber harvesting practices and methods, including limiting or prohibiting a timber harvesting practice or method.
38 The following section is added
Forest resources
211.1 The Lieutenant Governor in Council may make regulations respecting the protection of forest resources.
39 Section 215 (1) is amended by striking out "and" at the end of paragraph (a) and by adding the following:
(a.1) regulating or prohibiting burning, and .
40 Section 217.1 as enacted by the Forests Statutes Amendment Act, 1997, is repealed and the following substituted:
Forest practices and planning applicable to
community forest agreements and woodlot licences
217.1 (1) The Lieutenant Governor in Council may make regulations respecting
(a) woodlot licences, woodlot licence areas and holders of woodlot licences, and
(b) community forest agreements, community forest agreement areas and holders of community forest agreements.
(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 a community forest agreement area or woodlot licence area;
(b) establishing conditions that must be complied with by the holder of a community forest agreement or woodlot licence before, during and after forest practices;
(c) requiring site plans to be prepared by the holder of a community forest agreement or woodlot licence and approved by the district manager before forest practices are carried out on the community forest agreement area or woodlot licence area;
(d) requiring that authority to carry out a forest practice on a community forest agreement area or woodlot licence area be obtained before the forest practice begins.
41 Section 240 is repealed and the following substituted:
Special use permits
240 (1) Every special use permit issued under the Forest Act and regulations that is in effect on June 15, 1995 is deemed to be a special use permit under this Act and the regulations.
(2) A permit referred to in subsection (1) does not have to comply with the content requirements of this Act, the regulations or the standards.
(3) Subject to subsection (2), a holder of a permit referred to in subsection (1) must comply with this Act, the regulations and the standards.
(4) Despite subsection (2), if the district manager determines that a permit referred to in subsection (1) does not conform with the requirements of the regulations and the standards, the district manager may
(a) amend the permit to the extent necessary to comply with the requirements of the regulations or standards, or
(b) cancel the permit.
Consequential Amendments
Forests Statutes Amendment Act, 1997
42 Section 136 of the Forests Statutes Amendment Act, 1997, S.B.C. 1997, c. 48, is amended
(a) in the part enacting section 246 (1) and (2) of the Forest Practices Code of British
Columbia Act by striking out "the date this section comes into force" and substituting
"June 15, 1998",
(b) in the part enacting section 246 of the Forest Practices Code of British Columbia Act
by repealing subsection (3) and substituting the following:
(3) A logging plan continues to be a requirement for an area if
(a) before June 15, 1998
(i) a silviculture prescription for the area is submitted for the approval of
the district manager or given effect by the district manager, or
(ii) the district manager exempts a person from the requirement for a
silviculture prescription for the area, and
(b) the law in effect immediately before June 15, 1998 requires a logging plan.
(4) The law as it was immediately before June 15, 1998 with respect to logging plans,
including, without limitation, the law respecting offences and administrative
remedies related to logging plans, continues to apply to an area referred to in
subsection (3) and to any logging plan approved or put into effect for the area,
unless an enactment specifically provides otherwise. , and
(c) in the part enacting section 247 of the Forest Practices Code of British Columbia Act
by repealing section 247 and substituting the following:
Silviculture prescriptions continued
247 (1) Subject to subsection (2), if a silviculture prescription is submitted for the
approval of or put into effect by the district manager before June 15, 1998, the
silviculture prescription remains in effect until a free growing stand is produced
on the area under 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 June 15, 1998, continues to apply to a silviculture prescription submitted
or given effect by the district manager before June 15, 1998 and to an amendment
to that silviculture prescription.
42 Section 136 of the Forests Statutes Amendment Act, 1997, S.B.C. 1997, c. 48, is amended
(a) in the part enacting section 246 (1) of the Forest Practices Code of British Columbia Act by striking out "the date this section comes into force" and substituting "June 15, 1998",
(b) in the part enacting section 246 of the Forest Practices Code of British Columbia Act by repealing subsections (2) and (3) and substituting the following:
(2) A logging plan continues to be a requirement for an area if
(a) before June 15, 1998
(i) a silviculture prescription is submitted for the approval of the district manager or is approved by the district manager or, in the case of a silviculture prescription that must be prepared by the district manager, the silviculture prescription is signed and sealed by a registered professional forester or is given effect by the district manager, or
(ii) the district manager exempts a person from the requirement for a silviculture prescription for the area, and
(b) the law in effect immediately before June 15, 1998 requires a logging plan.
(3) The law as it was immediately before June 15, 1998 with respect to logging plans, including, without limitation, the law respecting offences and administrative remedies related to logging plans, continues to apply to a logging plan referred to in subsection (1) or (2), except that
(a) the provisions set out in sections 106 to 119 of the Forests Statutes Amendment Act, 1997, apply when brought into force,
(b) a regulation made pursuant to the provisions referred to in paragraph (a) or under the authority of a regulation making power referred to in section 128 or 129 of the Forests Statutes Amendment Act, 1997, applies, and
(c) an enactment that is made to apply explicitly or by necessary implication, applies. , and
(c) in the part enacting section 247 of the Forest Practices Code of British Columbia Act by repealing section 247 and substituting the following:
Silviculture prescriptions and road layout and designs continued
247 If, before June 15, 1998,
(a) a silviculture prescription is submitted for the approval of the district manager or is approved by the district manager,
(b) in the case of a silviculture prescription that must be prepared by the district manager, the silviculture prescription is signed and sealed by a registered professional forester or is given effect by the district manager, or
(c) a road layout and design is prepared by a person who is required to prepare it or is approved by the district manager,
the law respecting the content of a silviculture prescription and a road layout and design, as it was immediately before June 15, 1998, continues to apply to that silviculture prescription or road layout and design, and to an amendment to that silviculture prescription or road layout and design.
Special Accounts Appropriation and Control Act
43 Section 5 of the Special Accounts Appropriation and Control Act, R.S.B.C. 1996, c. 436, is amended
(a) in subsection (2) by repealing paragraph (b) and substituting the following:
(b) the Environmental Remediation Sub-account for a purpose related to the following:
(i) to carry out work under section 118 (3) (b) of the Forest Practices Code of British Columbia Act;
(ii) to remedy environmental damage to Crown forest land or Crown range land;
(iii) for expenses directly or indirectly related to the purposes in subparagraph (i) or (ii);
(iv) to defray the costs of investigating contraventions of the Forest Practices Code of British Columbia Act or the regulations and standards made under that Act;
(v) to defray fire suppression costs relating to contraventions of the Forest Practices Code of British Columbia Act or the regulations or standards made under that Act if a penalty has been levied under that Act in respect of the contravention. , and
(b) by adding the following subsection:
(2.1) The amount expended under subsection (2) (b) (v) must not exceed the amount in the Environmental Remediation Sub-account that is attributable to penalties levied under the Forest Practices Code of British Columbia Act and earnings calculated and attributable to those penalties, in respect of the contraventions referred to in subsection (2) (b) (v).
Waste Management Act
44 Section 3 (5) of the Waste Management Act, R.S.B.C. 1996, c. 482, is amended by repealing paragraph (h) and substituting the following:
(h) fires set or controlled by a person
(i) acting under an order of a local assistant, as defined in the Fire Services Act, if the local assistant orders the fire for training purposes, or
(ii) carrying out
(A) fire control and suppression operations under section 89 of the Forest Practices Code of British Columbia Act, or
(B) a resource management open fire, as that term is defined in the Forest Fire Prevention and Suppression Regulation, B.C. Reg. 169/95, if the person carries out the fire in accordance with the Forest Practices Code of British Columbia Act and the regulations made under that Act; .
Transition for annual rents paid in 1998
45 A person who is required to pay annual rent for a woodlot licence in 1998, calculated in accordance with the law in force immediately before the coming into force of section 15 of this Act, must also pay the portion of annual rent that under section 112.1 (1) of the Forest Act is allocated to represent money payable to the Woodlot Product Development Council as set out in section 112.1 (1) of the Forest Act.
Burning permit transition
46 (1) Every burning permit issued under the Forest Practices Code of British Columbia Act and the regulations made under that Act that is in effect when section 30 of this Act comes into force remains in effect until it expires in accordance with its terms or is cancelled.
(2) The law respecting burning permits, as it was immediately before section 30 of this Act came into force, continues to apply to a burning permit referred to in subsection (1).
Commencement
47 (1) The following come into force by regulation of the Lieutenant Governor in Council:
(a) that part of section 5 that enacts section 43.2 of the Forest Act;
(b) sections 6 to 8, 12, 13 (e), 15, 19, 25, 30 to 33, 35, 36, 41 and 44 to 46.
(2) Sections 37, 38 and 42 are deemed to have come into force on March 31, 1998 and are retroactive to the extent necessary to give them effect on and after that date.
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