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1 Sections 105.1 and 105.2 of the Forest Act, R.S.B.C. 1996, c. 157, are repealed and the following substituted:

Complete and accurate information

105.1  (1) In this section:

"agreement" means an agreement in the form of a licence, permit or agreement referred to in section 12;

"applicant" means a person who applies for an agreement.

(2) An applicant who is required under this Act to submit information to the government must ensure that, at the time the information is submitted, the information is complete and accurate.

(3) The holder of an agreement who is required under the agreement or this Act to submit information to the government

(a) for use in determining, redetermining or varying a stumpage rate, or

(b) for any other purpose under this Act,

must ensure that, at the time the information is submitted, the information is complete and accurate.

Redetermination of stumpage rate at direction of minister

105.2  (1) In this section, "policies and procedures" means the policies and procedures referred to in section 105 (1) (c).

(2) The minister may direct under this subsection that a stumpage rate be redetermined or varied under section 105 (1) if the minister is of the opinion that the stumpage rate was determined, redetermined or varied under that section based on information, submitted by or on behalf of the holder of an agreement, to which one or both of the following apply:

(a) at the time the information was submitted, the information was incomplete or inaccurate;

(b) at the time the information was submitted, the information did not meet the requirements of the policies and procedures.

(3) The minister may direct under this subsection that a stumpage rate be redetermined or varied under section 105 (1) if the minister is of the opinion that both of the following apply:

(a) after the stumpage rate was determined, redetermined or varied under section 105 (1), the minister became aware of information that

(i) existed but was not taken into account when the stumpage rate was determined, redetermined or varied, or

(ii) did not exist when the stumpage rate was determined, redetermined or varied;

(b) a redetermination or variation that takes into account the information described in paragraph (a) of this subsection is likely to result in a stumpage rate that is different from the earlier determined, redetermined or varied stumpage rate.

(4) A direction of the minister under this section may be made at any time,

(a) whether the earlier determined, redetermined or varied stumpage rate is still in effect or has expired, and

(b) whether before or after stumpage is paid in respect of the timber to which the stumpage rate relates.

(5) If the minister directs under this section that an earlier determined, redetermined or varied stumpage rate be redetermined or varied under section 105 (1),

(a) in the case of a direction issued under subsection (2) of this section, the redetermination or variation must take into account the information that is necessary to completely and accurately meet the requirements of the policies and procedures,

(b) in the case of a direction issued under subsection (3) of this section, the redetermination or variation must take into account the information described in paragraph (a) of that subsection, and

(c) the redetermination or variation must be made in accordance with the policies and procedures that were in effect at the time the earlier stumpage rate was determined, redetermined or varied.

(6) A stumpage rate that, at the direction of the minister under this section, is redetermined or varied under section 105 (1)

(a) is deemed to have taken effect on the day after the date on which the earlier determined, redetermined or varied stumpage rate took effect, or

(b) takes effect on the day after the intended effective date for the earlier determined, redetermined or varied stumpage rate, if that earlier rate is not in effect when the redetermination or variation is made.

2 Section 121 (9) (a) is repealed and the following substituted:

(a) may, by notice in the form established under paragraph (a.1) and published or broadcast, or both, in the manner the minister considers appropriate, discontinue and close a right of way or forest service road or a part of either, in which event the right of way or forest service road or the part is discontinued and closed,

(i) if the notice specifies the date on which and the time at which the discontinuance and closure become effective, on that specified date and at that specified time,

(ii) if the notice specifies the date on which but not the time at which the discontinuance and closure become effective, at the beginning of that specified date, or

(iii) if the notice specifies neither the date on which nor the time at which the discontinuance and closure become effective, at the beginning of the day following the day on which the first of such publications or broadcasts occurred,

(a.1) may establish a form of notice for the purposes of paragraph (a), .

3 Section 142.51 (1) (d) is amended by striking out "was inaccurate" and substituting "was incomplete or inaccurate,".

4 Section 163 (1) is amended by striking out "105.1" and substituting "105.1 (2) or (3)".

Forestry Service Providers Protection Act

5 Section 1 (1) of the Forestry Service Providers Protection Act, S.B.C. 2010, c. 16, is amended by repealing the definition of ` "registered" and "registration" ' and substituting the following:

"registration", when used in relation to

(a) a contractor's lien or a charge, means registration in the registry, and

(b) any other security interest, means registration in the registry or under a law providing for the registration of a security interest; .

6 The following section is added to Part 3:

Personal Property Security Act

33.1  The following sections of the Personal Property Security Act apply to this Act:

(a) sections 42, 43 (1) to (3), (6), (8), (12) and (13), 44, 45 (1), (2), (5) and (6), 46 to 48, 52, 54 and 76.1;

(b) the prescribed sections, if any.

7 Section 35 (3) is amended by adding the following paragraphs:

(j.1) specifying one or more sections of the Personal Property Security Act for the purposes of section 33.1 of this Act;

(l) respecting any other matter for which regulations are contemplated by this Act.

8 Section 36 is repealed.

Forests and Range Statutes Amendment Act, 2006

9 Section 31 of the Forests and Range Statutes Amendment Act, 2006, S.B.C. 2006, c. 13, is repealed.

Tugboat Worker Lien Act

10 Section 3 of the Tugboat Worker Lien Act, R.S.B.C. 1996, c. 466, is amended by adding the following paragraph:

(a.1) any lien or charge created under the Forestry Service Providers Protection Act; .

Wildfire Act

11 Section 7 (2) and (2.1) of the Wildfire Act, S.B.C. 2004, c. 31, is repealed and the following substituted:

(2) A person, other than a person who is in a prescribed class of persons referred to in subsection (2.1), carrying out an industrial activity or a prescribed activity, must, within a prescribed time period and to the prescribed extent, abate a fire hazard of which the person is aware or ought reasonably to be aware.

(2.1) A person who is in a prescribed class of persons must, within the prescribed time period and to the prescribed extent, abate a fire hazard on a prescribed area.

12 Section 72 (2) is amended by repealing paragraph (g) and substituting the following:

(g) respecting the abatement of fire hazards, including, without limitation,

(i) prescribing activities and time periods for the purposes of section 7 (2),

(ii) prescribing classes of persons, time periods and areas for the purposes of section 7 (2.1), and

(iii) specifying, for the purposes of section 7 (2) and (2.1), the extent to which a fire hazard must be abated, .

Related Amendments

Occupiers Liability Act

13 Section 1 of the Occupiers Liability Act, R.S.B.C. 1996, c. 337, is amended by adding the following definitions:

"limited liability entity", in relation to a resource road, means either each of the following:, including any employees and contractors:

(a) the maintainer, if any, of the resource road;

(b) the government;

"maintainer", in relation to a resource road, means the person, including, without limitation, the government, that is obligated or authorized under an enactment to maintain the resource road, but does not include a prescribed person or a person within a prescribed class of persons;

"motor vehicle" means a vehicle that is

(a) intended to be self-propelled, and

(b) designed primarily for travel on land on surfaces other than rails;

"resource road" means any road or portion of a road that is

(a) on Crown land, and

(b) used or intended for use by motor vehicles,

but does not include a municipal highway or a provincial public highway as those terms are defined in the Transportation Act; .

13.1 Section 2 is amended

(a) by renumbering section 2 as section 2 (1),

(b) in subsection (1) by striking out "sections 4 and 9," and substituting "sections 4 and 9 and subsection (2) of this section,", and

(c) by adding the following subsection:

(2) This Act establishes the duty of care to which a limited liability entity is subject in relation to a resource road in all circumstances other than those referred to in section 3.1 (2).

14 The following section is added:

Duty of care of limited liability entities

3.1  (1) Subject to subsection (2), a person who enters onto or otherwise uses a resource road is deemed to have willingly assumed all risks, and a person who is, in relation to the resource road, a limited liability entity is, in relation to that resource road, subject only to the duty of care set out in section 3 (3) and, for that purpose, a reference in section 3 (3) to an occupier is deemed to include a reference to a limited liability entity.

(2) Subsection (1) does not, in any of the following circumstances, apply to limit the duty of care to which a limited liability entity is subject in relation to a resource road:

(a) the limited liability entity requires employees, contractors or agents to enter onto or otherwise use the resource road and the person in relation to whom the duty of care is owed is such an employee, contractor or agent who has entered onto or is otherwise using the resource road in that capacity and in accordance with that requirement;

(b) the limited liability entity is the maintainer of the resource road and the person in relation to whom the duty of care is owed is

(i) transported by the maintainer, or

(ii) a prescribed person or a person within a prescribed class of persons;

(c) the limited liability entity has, under another enactment or at law, more extensive protection from liability than the protection provided under subsection (1).

(2) Subsection (1) does not apply in relation to the duty of care to which a limited liability entity is subject in relation to a resource road

(a) in prescribed circumstances,

(b) if the person in relation to whom the duty of care is owed is a prescribed person or a person within a prescribed class of persons, or

(c) if under another enactment or at law a limited liability entity is subject to a more limited duty of care than the duty of care to which the limited liability entity is subject under subsection (1).

(2.1) In the situation referred to in subsection (2) (c), the limited liability entity is subject to the more limited duty of care.

(3) A reference in sections 4 and 5 to an occupier in relation to premises is deemed to include a reference to a limited liability entity in relation to a resource road.

15 Section 8 is amended

(a) in subsection (1) by striking out "subsection (2)," and substituting "subsections (2) and (3),",

(b) in subsection (2) by striking out "subsection (1)," and substituting "subsection (1) but subject to subsection (3),", and

(c) by adding the following subsection:

(3) This Act does not apply to the government if the government is the occupier of a resource road, except to the extent provided in section 3.1.

16 The following section is added:

Regulations

10  (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting any matter for which regulations are contemplated by this Act.

Personal Property Security Act

17 Items 1 and 6 of the Schedule to the Personal Property Security Act, R.S.B.C. 1996, c. 359, are amended in Column 1 by striking out "under this Act or the Sale of Goods Act" and substituting "under this Act, the Sale of Goods Act or the Forestry Service Providers Protection Act".

Commencement

18  The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table: