1994 Legislative Session: 3rd Session, 35th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE ANDREW PETTER
MINISTER OF FORESTS
Contents
WHEREAS British Columbians desire sustainable use of the forests they hold in trust for future generations;
AND WHEREAS sustainable use includes
(a) managing forests to meet present needs withoutcompromising the needs of future generations,
(b) providing stewardship of forests based on anethic of respect for the land,
(c) balancing productive, spiritual, ecological andrecreational values of forests to meet theeconomic and cultural needs of peoples andcommunities, including First Nations,
(d) conserving biological diversity, soil, water,fish, wildlife, scenic diversity and otherforest resources, and
(e) restoring damaged ecologies;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 (1) In this Act:
"agreement under the Forest Act" means an agreement in the form of a licence, permit or agreement referred to in section 10 of the Forest Act or an agreement under the former Act;
"agreement under the Range Act" means an agreement in the form of a licence or permit referred to in section 3 of the Range Act;
"backlog area" means an area
(a) from which the timber was harvested, damaged or destroyed before October 1, 1987, and
(b) that in the district manager's opinion is insufficiently stocked with healthy well spaced trees of a commercially acceptable species;
"bladed trail" means a bladed trail as defined by regulation;
"board" means the Forest Practices Board established under section 190;
"botanical forest product" means a prescribed plant or fungus that occurs naturally on Crown forest land;
"commission" means the Forest Appeals Commission established under section 194;
"compacted area" means a compacted area of soil as defined by regulation;
"corduroyed trail" means a corduroyed trail as defined by regulation;
"council" means the Forest Practices Advisory Council referred to in section 220;
"Crown forest land" means forest land that is Crown land;
"cutblock" means a specific area of land identified on a forest development plan, or in a licence to cut, road permit or Christmas tree permit, within which timber is to be or has been harvested;
"deactivate" when used in relation to a road means deactivation of the road as prescribed;
"designated energy, mines and petroleum resources official" means a person employed in the Ministry of Energy, Mines and Petroleum Resources who is designated by name or title to be a designated energy, mines and petroleum resources official for the purposes of this Act by the minister of that ministry;
"designated environment official" means a person employed in the Ministry of Environment, Lands and Parks who is designated by name or title to be a designated environment official for the purposes of this Act by the minister of that ministry;
"designated forest official" means a person who is designated by name or title by the deputy minister or a person authorized in writing by the deputy minister to exercise functions under a provision of this Act, whose functions are set out in the designation;
"determination" means any act, omission, decision, procedure, levy, order or other determination made under this Act, the regulations or the standards by an official or a senior official;
"dispersed disturbance" means a dispersed disturbance as defined by regulation;
"excavated trail" means an excavated trail as defined by regulation;
"forest practice" means timber harvesting, road construction, road maintenance, road deactivation, silviculture treatments, botanical forest product collecting, grazing, hay cutting, fire use, control and suppression and any other activity that is
(a) carried out on land that is
(i) Crown forest land,
(ii) range land, or
(iii) private land that is subject to a tree farm licence or a woodlot licence, and
(b) carried out by
(i) any person
(A) under an agreement under the Forest Act or Range Act,
(B) for a commercial purpose, or
(C) to rehabilitate forest resources after an activity referred to in clause (A) or (B), or
(ii) the government;
"forest resources" means resources and values associated with forests and range including, without limitation, timber, water, wildlife, fisheries, recreation, botanical forest products, forage and biological diversity;
"free growing stand" means a stand of healthy trees of a commercially valuable species, the growth of which is not impeded by competition from plants, shrubs or other trees;
"higher level plan" means
(a) a plan formulated pursuant to section 4 (c) of the Ministry of Forests Act,
(b) a management plan,
(c) an objective for a resource management zone,
(d) an objective for a landscape unit or sensitive area,
(e) an objective for a recreation site, recreation trail or interpretive forest site, and
(f) a plan or agreement declared to be a higher level plan by
(i) the ministers, or
(ii) the Lieutenant Governor in Council under this or any other Act;
"interpretive forest site" means an interpretive forest site established under section 6 or designated under the Forest Act before the coming into force of this Act;
"livestock" means livestock as defined under the Range Act and those species designated by regulation as being livestock;
"minister" means the member of the Executive Council charged by order of the Lieutenant Governor in Council with the administration of this Act;
"ministers" means the Minister of Forests, the Minister of Environment, Lands and Parks and the Minister of Energy, Mines and Petroleum Resources;
"net area to be reforested" means that portion of the area under a silviculture prescription that does not include
(a) an area occupied by permanent access structures,
(b) an area of rock, wetland or other area that in its natural state is incapable of growing a stand of trees that meets the stocking require ments specified in the prescription, or
(c) a contiguous area of more than 4 ha that the district manager determines is composed of non- commercial forest cover;
"official" means
(a) a designated forest official,
(b) a designated environment official, or
(c) a designated energy, mines and petroleum resources official;
"operational plan" means a forest development plan, logging plan, access management plan, range use plan, silviculture prescription, stand management prescription and 5 year silviculture plan;
"permanent access structure" means a structure, including a road, bridge, landing, gravel pit or other similar structure, that
(a) provides access for timber harvesting, and
(b) is shown expressly or by necessary implication on a forest development plan, access management plan, logging plan, road permit or silviculture prescription as remaining operational after timber harvesting activities on the area are complete;
"range development" means any change caused by a person to land under a range use plan;
"range land" means Crown range and land subject to an agreement under section 17 of the Range Act;
"recreation feature" means a biological, physical, cultural or historic feature that has recreational significance or value;
"recreation resource" means
(a) a recreation feature,
(b) a scenic or wilderness feature or setting that has recreational significance or value, or
(c) a recreation facility;
"recreation site" means a recreation site established under section 6 of this Act or designated under the Forest Act before the coming into force of this Act;
"recreation trail" means a recreation trail established under section 6 of this Act or designated under the Forest Act before the coming into force of this Act;
"senior official" means
(a) a district manager or regional manager, or
(b) a senior official in the Ministry of Environment, Lands and Parks appointed by the deputy minister of that ministry, or a senior official in the Ministry of Energy, Mines and Petroleum Resources, appointed by the deputy minister of that ministry for the purposes of this Act;
"soil disturbance" means the soil disturbance caused by a forest practice on an area covered by a silviculture prescription or stand management prescription including
(a) areas occupied by excavated or bladed trails of a temporary nature,
(b) areas occupied by corduroyed trails,
(c) compacted areas, and
(d) areas of dispersed disturbance;
"standard" means a standard established by the chief forester under section 8;
"unfenced grazing land" means unfenced private land used for grazing in common with Crown range to which an agreement under the Range Act applies;
"wildlife" means
(a) a vertebrate that is a mammal, bird, reptile or amphibian prescribed as wildlife under the Wildlife Act, S.B.C. 1982, c. 57,
(b) a fish, including
(i) any vertebrate of the order Petromyzoniformes (lampreys) or class Osteichthyes (bony fishes), or
(ii) any invertebrate of the class Crustacea (crustaceans) or class Mollusca (mollusks) from or in the non-tidal waters of the Province, and
(c) an invertebrate or plant listed by the Minister of Environment, Lands and Parks as an endangered, a threatened or a vulnerable species, and includes the eggs and juvenile stages of these vertebrates, invertebrates and plants.
(2) Words and expressions not defined in this Act have the meaning given to them in the Forest Act and Range Act except where the context indicates otherwise.
(3) A reference in this Act to the minister or his or her designate, or the minister or a person authorized by the minister, or any similar reference does not mean that a reference to the minister alone requires the minister to deal with the matter personally, and a reference to the minister alone means a reference to the minister or an appropriate official of the Ministry of Forests.
(4) Section 14 (2) of the Interpretation Act does not apply to this Act.
(5) Sections 117, 119, 143 and 157 do not apply to the government.
Part 2 -- Strategic Planning, Objectives and Standards
2 (1) Private land in a tree farm licence or woodlot licence and Crown land in a Provincial forest, other than Crown land in a wilderness area, must be managed and used in a way that is consistent with one or more of the following:
(a) timber production, utilization and related purposes;
(b) forage production and grazing by livestock and wildlife;
(c) recreation, scenery and wilderness purposes;
(d) water, fisheries, wildlife, biological diversity and cultural heritage resource purposes;
(e) any purpose permitted by or under the regulations.
(2) A wilderness area must be managed and used in a way that is consistent with one or more of the following:
(a) preservation of wilderness;
(b) preservation of biological diversity;
(c) subject to subsection (3), any purpose permitted by or under the regulations.
(3) A person must not carry out commercial timber harvesting in a wilderness area.
(4) Despite subsections (1) to (3) a person may use or occupy Crown land in a Provincial forest or wilderness area under the Coal Act, the Geothermal Resources Act, the Mineral Tenure Act or the Petroleum and Natural Gas Act, but only if the use or occupation is in accordance with
(a) the regulations, and
(b) a special use permit, if required by the regulations.
(5) A person who uses or occupies Crown land in a Provincial forest or wilderness area must obtain a special use permit if required to do so by the regulations.
3 (1) To ensure that Crown land in a Provincial forest and private land in a tree farm licence or woodlot licence are managed and used in accordance with section 2 and the regulations, the chief forester, by written order, may establish an area of land as a resource management zone, and may vary the boundaries of the zone or cancel the zone,
(a) in accordance with directions from the Lieutenant Governor in Council, or
(b) if the Lieutenant Governor in Council has not issued directions to the chief forester with respect to an area, in accordance with directions approved by the ministers.
(2) Before establishing a resource management zone, the chief forester must obtain the approval of the Minister of Environment, Lands and Parks if land within the proposed resource management zone is subject to an interest issued or granted under the Land Act.
(3) The chief forester must establish objectives for a resource management zone and may vary or cancel an objective.
(4) When establishing, varying or cancelling an objective for a resource management zone the chief forester must do so by written order and in accordance with the regulations and any directions from the Lieutenant Governor in Council or the ministers.
(5) Before establishing, varying or cancelling a resource management zone or objective in a way that significantly affects the public, the chief forester must provide for review and comment in accordance with the regulations.
(6) The chief forester may delegate in writing to an employee of the Ministry of Forests, the chief forester's authority to establish, vary or cancel objectives for a resource management zone and may limit or cancel the delegation.
(7) The chief forester must file an order establishing, varying or cancelling a resource management zone or objective with the regional manager for the area affected by the order.
(8) The establishment, variance or cancellation of a resource management zone or objective takes effect
(a) 6 months after the order is filed with the regional manager, or
(b) if authorized by the regulations and in accordance with the regulations, at an earlier time specified in the order.
(9) The regional manager must make available to the public,
(a) the order, and
(b) a map showing the boundaries of the resource management zone.
4 (1) To ensure that Crown land in a Provincial forest and private land in a tree farm licence or woodlot licence are managed and used in accordance with section 2 and the regulations, the district manager, by written order, may establish an area of land within the forest district as a landscape unit, and may vary the boundaries of the unit or cancel the unit, in accordance with
(a) the regulations, and
(b) any directions of the chief forester.
(2) Before establishing a landscape unit, the district manager must obtain the approval of the Minister of Environment, Lands and Parks if land within the proposed landscape unit is subject to an interest issued or granted under the Land Act.
(3) The district manager must establish objectives for a landscape unit, and may vary or cancel an objective.
(4) When establishing, varying or cancelling an objective for a landscape unit, the district manager must do so by written order and in accordance with the regulations and any directions of the chief forester.
(5) Before establishing, varying or cancelling an objective for a landscape unit respecting a forest resource other than a recreation resource, the district manager must obtain the approval of a designated environment official.
(6) Before establishing, varying or cancelling a landscape unit or objective in a way that significantly affects the public, the district manager must provide for review and comment in accordance with the regulations.
(7) The district manager must file an order establishing, varying or cancelling a landscape unit or objective with the regional manager for the forest region within which the forest district is located.
(8) The establishment, variance or cancellation of a landscape unit or objective takes effect
(a) 6 months after the order is filed with the regional manager, or
(b) if authorized by the regulations and in accordance with the regulations, at an earlier time specified in the order.
(9) If an objective for a resource management zone is established or varied for an area that includes a landscape unit, to the extent that the objective for the landscape unit is inconsistent with the objective for the resource management zone, the objective for the resource management zone prevails.
(10) The regional manager and the district manager must make available to the public
(a) the order, and
(b) a map showing the boundaries of the landscape unit.
5 (1) If in the opinion of the district manager or a designated environment official special circumstances require that
(a) Crown land, or
(b) private land in a tree farm licence or woodlot licence, located within the forest district, be treated differently from adjacent lands to manage or conserve the forest resources, the district manager, by written order, may establish the area as a sensitive area in accordance with the regulations and any directions of the chief forester.
(2) Before establishing a sensitive area, the district manager must obtain the approval of the Minister of Environment, Lands and Parks if land within the proposed sensitive area is subject to an interest issued or granted under the Land Act.
(3) The district manager must establish objectives for a sensitive area and may vary or cancel an objective.
(4) When establishing, varying or cancelling an objective for a sensitive area, the district manager must do so by written order and in accordance with the regulations and any directions of the chief forester.
(5) Before establishing, varying or cancelling an objective for a sensitive area, the district manager must provide notice in accordance with the regulations.
(6) Before establishing, varying or cancelling an objective for a sensitive area respecting a forest resource other than a recreation resource, the district manager must obtain the approval of a designated environment official.
(7) The district manager must file an order establishing, varying or cancelling a sensitive area or objective with the regional manager for the forest region within which the forest district is located.
(8) The establishment, variance or termination of a sensitive area or objective takes effect
(a) 6 months after the order is filed with the regional manager, or
(b) if authorized by the regulations and in accordance with the regulations, at an earlier time specified in the order.
(9) If an objective for a resource management zone is established or varied for an area that includes a sensitive area, to the extent that the objective for the sensitive area is inconsistent with the objective for the resource management zone, the objective for the resource management zone prevails.
(10) The regional manager and district manager must make available to the public
(a) the order, and
(b) a map showing the boundaries of the sensitive area.
6 (1) In accordance with the regulations the chief forester, by written order, may establish Crown land as an interpretive forest site, recreation site or recreation trail, if the land is
(a) within a timber supply area, or
(b) subject to a tree farm licence, woodlot licence or timber licence, and may vary or cancel an establishment under this subsection.
(2) Before establishing, varying or cancelling an area under subsection (1), the chief forester must obtain the consent of the holder of
(a) a cutting permit, free use permit, Christmas tree permit, road permit, timber licence, timber sale licence, licence to cut, silviculture prescription or stand management prescription, or
(b) an interest issued or granted under the Land Act, if the holder's rights under the permit, licence, prescription or interest would be adversely affected by the establishment, variation or cancellation.
(3) If the chief forester establishes an area under subsection (1), the chief forester must establish objectives for the area, in accordance with the regulations, within 6 months of the designation.
(4) The chief forester may vary or cancel an objective established under subsection (3).
(5) The chief forester may delegate in writing to an employee of the Ministry of Forests, the chief forester's authority to establish, vary or cancel an objective and may limit or cancel the delegation.
7 If an area has been established as an interpretive forest site, recreation site or recreation trail, the minister may develop, maintain, repair or close an interpretive forest site, recreation site or recreation trail on the area.
8 (1) If authorized by the regulations and in accordance with the regulations, the chief forester may establish, vary or cancel standards that must be met
(a) in preparing an operational plan, or
(b) in carrying out a forest practice.
(2) In a standard under subsection (1) the chief forester 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 standards for different persons, places, things or transactions.
(3) The chief forester must file a standard with the regional manager for the area affected by the standard.
(4) A standard takes effect
(a) 6 months after it is filed with regional manager, or
(b) if authorized by the regulations and in accordance with the regulations, at an earlier time specified in the standard.
(5) The regional manager must make the standard available to the public in accordance with the regulations.
(6) If 2 or more standards apply to a specific area of British Columbia, the standard which provides greater protection and conservation of the environment and the forest resources prevails.
(7) A standard is not effective to the extent it conflicts with this Act or the regulations.
9 If an objective, specification or measure in a management plan differs from those provided under this Act, the regulations, the standards or the objectives established under this Part, the more stringent objective, specification or measure prevails.
Part 3 -- Operational Planning Requirements For Government
and for Forest and Range Tenure Agreements
Division 1 -- Content of Operational
Plans
10 A forest development plan must
(a) cover a period of at least 5 years unless otherwise prescribed,
(b) 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 location of existing and proposed roads that will provide access to the cutblocks, and
(B) the timing of proposed timber harvesting and related forest practices, including road construction, modification, maintenance and deactivation, and
(ii) matters required by regulation,
(c) specify
(i) harvesting methods that will be carried out within the cutblocks, and
(ii) measures that will be carried out to protect forest resources,
(d) be consistent with any higher level plan, and
(e) be signed and sealed by a professional forester.
11 A logging plan must
(a) include, for the area of a cutblock,
(i) maps describing the location of
(A) roads that will be constructed or modified, and
(B) timber harvesting and related forest practices that will be carried out, and
(ii) matters required by regulation,
(b) specify, in detail,
(i) how harvesting methods will be carried out,
(ii) how methods for construction and deactivation will be carried out for roads, other than roads constructed or deactivated under road permits, and
(iii) how rehabilitation will be carried out for landings, excavated or bladed trails, and other areas where the amount of soil disturbance will temporarily exceed the maximum limit allowed by the silviculture prescription,
(c) if it is a logging plan referred to in section 20 or 21 (1), be consistent with any forest development plan and silviculture prescription, and
(d) if it is a logging plan referred to in section 21 (2), be consistent with any higher level plan.
12 A silviculture prescription must
(a) include, for the area under the prescription,
(i) a description of the silvicultural system, any harvesting methods and the silviculture treatments that will be carried out to achieve a free growing stand,
(ii) limits for soil disturbance that may occur on the area under the plan, and
(iii) matters required by regulation,
(b) if it is a silviculture prescription referred to in section 22, be consistent with any forest development plan, higher level plan and 5 year silviculture plan,
(c) if it is a silviculture prescription referred to in section 23, be consistent with any higher level plan and 5 year silviculture plan, and
(d) be signed and sealed by a professional forester.
13 A stand management prescription must
(a) include, for the area under the prescription,
(i) a description of the silviculture treatments that will be carried out on a free growing stand, and
(ii) matters required by regulation,
(b) be consistent with any higher level plan and 5 year silviculture plan, and
(c) be signed and sealed by a professional forester.
14 A 5 year silviculture plan must
(a) include, for the area under the plan,
(i) maps and schedules for the silviculture treatments that will be carried out
(A) on areas under silviculture prescriptions, including backlog areas, and
(B) on areas under stand management prescriptions, and
(ii) matters required by regulation,
(b) be consistent with any forest development plan and higher level plan, and
(c) be signed and sealed by a professional forester.
15 An access management plan must
(a) include, for the area under the plan,
(i) maps and schedules for road construction, modification, maintenance and deactivation activities that are proposed to be carried out, and
(ii) matters required by regulation, and
(b) be consistent with any higher level plan.
16 A range use plan must
(a) include, for the area under the plan,
(i) a description of grazing and hay cutting activities that will be carried out on the area and range development activities that will be constructed or carried out on the area, and
(ii) matters required by regulation, and
(b) be consistent with any higher level plan.
Division 2 -- Operational Planning
Requirements
17 (1) Before the holder of an agreement under the Forest Act or Range Act prepares an operational plan or amendment for submission to the district manager, the holder must carry out the assessments and collect and analyze the data required by the regulations to formulate operational plans, and make the assessments, data and analyses available to the district manager.
(2) Without limiting subsection (1), the holder, if required by the regulations and in accordance with the regulations, must
(a) identify and classify the following:
(i) streams, wetlands and lakes;
(ii) wildlife habitat areas;
(iii) scenic areas;
(iv) recreation features;
(v) areas that are required by the regulations to be identified and classified,
(b) assess watersheds that meet the prescribed requirements to determine the impact of proposed timber harvesting and related forest practices, and
(c) assess cultural heritage resources.
(3) Without limiting subsection (1), the holder, if required by the regulations and in accordance with the regulations, must collect and analyze data respecting the following:
(a) site and soil conditions;
(b) terrain, terrain stability and hazards associated with instability;
(c) forest health including pests and other forest health hazards;
(d) any prescribed matters.
18 (1) The district manager may only invite applications for, or enter into, a timber sale licence that does not provide for cutting permits if a forest development plan identifies
(a) the cutblocks to be harvested under the timber sale licence during the period covered by the forest development plan, and
(b) the location of existing and proposed roads that provide access to the cutblocks.
(2) Subsection (1) does not apply to a timber sale licence for timber harvested under the Park Act.
(3) The holder of a timber sale licence that is not a major licence and that provides for cutting permits may only apply for a cutting permit if a forest development plan identifies
(a) the cutblocks to be harvested under the cutting permit, and
(b) the location of existing and proposed roads that provide access to the cutblocks.
(4) If a timber sale licence that is not a major licence and that does not provide for cutting permits has a term that extends beyond the period covered by the forest development plan referred to in subsection (1), the holder of the timber sale licence must not harvest timber under the timber sale licence from an area that was not identified in that forest development plan unless another forest development plan is given effect that identifies
(a) the addittional cutblocks to be harvested under the timber sale licence, and
(b) the locaion of existing and proposed roads that provide access to the cutblocks.
(5) A forest development plan for a timber sale licence that is not a major licence takes effect
(a) if the district manager prepares the plan, on the effective date specified in the plan, or
(b) if a holder of a timber sale licence that provides for cutting permits prepares the plan with the district manager's consent, on the date specified in the approval of the plan under section 41.
(6) A forest development plan under this section expires after a prescribed period from the date the plan takes effect.
(7) Before or after the expiry of a forest development plan under this section, the plan may be extended for a period or periods not exceeding a total of one year
(a) by the regional manager if the plan was prepared by the district manager, or
(b) by the district manager if the plan was prepared by the holder of a timber sale licence and the holder requests or consents to the extension.
(8) If the term of a forest development plan is extended under this section, the person who prepared the plan must promptly amend the forest development plan to the extent necessary to ensure compliance with the current requirements of this Act, the regulations and the standards.
19 (1) The holder of a major licence or a woodlot licence may only apply for a cutting permit if a forest development plan identifies
(a) the cutblocks to be harvested under the cutting permit, and
(b) the location of existing and proposed roads that provide access to the cutblocks.
(2) A forest development plan for a major licence or woodlot licence takes effect on the date specified in the approval of the plan under section 41.
(3) A forest development plan under this section expires after a prescribed period from the date specified in the approval of the plan under section 41.
(4) Before or after a forest development plan under this section expires, the district manager may extend the term of the plan for a period or periods not exceeding a total of one year at the request of or with the consent of the holder of a major licence or woodlot licence who prepared the plan.
(5) If the term of a forest development plan is extended under this section, the holder who prepared the plan must promptly amend the plan to the extent necessary to ensure compliance with current requirements of this Act, the regulations and the standards.
20 (1) Before the holder of a timber sale licence that is not a major licence harvests a cutblock under the agreement, or under a cutting permit issued under the agreement, the holder must prepare and obtain the district manager's approval of a logging plan for the cutblock.
(2) The district manager, in a notice given to the holder of a timber sale licence that is not a major licence, may relieve the holder of the requirement to prepare a logging plan.
(3) If the district manager gives the holder a notice under subsection (2), the district manager must prepare a logging plan for the cutblock to be harvested under the agreement or cutting permit.
21 (1) Before the holder of a major licence or woodlot licence harvests a cutblock under a cutting permit, the holder must prepare and obtain the district manager's approval of a logging plan for the cutblock.
(2) Before the holder of a licence to cut, a road permit or a Christmas tree permit harvests a cutblock under the agreement, the holder must prepare and obtain the district manager's approval of a logging plan for the cutblock.
22 (1) The district manager must prepare a silviculture prescription for all of the following areas:
(a) an area from which a person is authorized to harvest timber under a timber sale licence that is not a major licence;
(b) an area within a timber supply area, where the timber has been damaged or destroyed, unless
(i) in the opinion of the district manager the area is too remote, too small or too inaccessible to warrant the preparation of a prescription, or
(ii) the area is an area to which subsection (6) applies;
(c) an area in a timber supply area on which the district manager determines timber was cut, removed, damaged or destroyed in contravention of section 96, other than an area referred to in subsection (4).
(2) A person must not harvest timber from an area referred to in subsection (1) (a) until the district manager prepares the silviculture prescription for the area.
(3) Before the holder of a major licence or woodlot licence harvests timber under a cutting permit, the holder must prepare and obtain the district manager's approval of a silviculture prescription for the area to be harvested under the cutting permit.
(4) The holder of a major licence or woodlot licence must prepare and obtain the district manager's approval of a silviculture prescription for an area where the holder has cut, removed, damaged or destroyed Crown timber in contravention of section 96.
(5) Without limiting subsection (4), the holder of a tree farm licence, timber licence or a woodlot licence must prepare and obtain the district manager's approval of a silviculture prescription for an area subject to the licence where timber has been damaged or destroyed, unless in the opinion of the district manager the area is too remote, too small or too inaccessible to warrant the preparation of a prescription.
(6) Without limiting subsection (4), the holder of a forest licence or timber sale licence that is a major licence must, if required by the district manager, prepare and obtain the district manager's approval of a silviculture prescription for an area under the holder's forest development plan where the timber has been damaged or destroyed.
(7) Despite subsections (1) to (6), a district manager is not required to prepare a silviculture prescription and a person is not required to prepare and obtain the district manager's approval of a silviculture prescription for the following areas:
(a) an area that is outside a cutblock if the area is to be used for the construction and use of a road, gravel pit or borrow pit;
(b) an area that is subject to a silviculture prescription required under section 23;
(c) an area that is subject to a stand management prescription required under section 24.
23 (1) Before the district manager carries out a silviculture treatment on a backlog area to establish a free growing stand, the district manager must prepare a silviculture prescription for the area.
(2) Before the holder of a major licence or woodlot licence carries out a silviculture treatment on a backlog area to establish a free growing stand, the holder must prepare and obtain the district manager's approval of a silviculture prescription for the area.
24 (1) Before the district manager carries out a silviculture treatment on a free growing stand, the district manager must prepare a stand management prescription for the area to be treated.
(2) Before the holder of a major licence or woodlot licence carries out a silviculture treatment on a free growing stand, the holder must prepare and obtain the district manager's approval of a stand management prescription for the area.
25 (1) The district manager must prepare a 5 year silviculture plan for areas in respect of which the district manager is required under section 22 (1), 23 (1) or 24 (1) to prepare a silviculture prescription or stand management prescription.
(2) The holder of a major licence must prepare and obtain the district manager's approval of a 5 year silviculture plan for areas in respect of which the holder is required under section 22 (3), (4), (5) or (6), 23 (2) or 24 (2) to prepare a silviculture prescription or stand management prescription.
(3) A 5 year silviculture plan takes effect
(a) if the district manager prepares the plan, on the effective date specified in the plan, or
(b) if a holder of a major licence prepares the plan, on the date specified in the approval under section 41.
(4) A 5 year silviculture plan expires one year from the date it takes effect.
(5) Before or after the expiry of a 5 year silviculture plan, the plan may be extended by a period or periods not exceeding a total of one year
(a) by the regional manager if the plan was prepared by the district manager, or
(b) by the district manager if the plan was prepared by a holder of a major licence and the holder requests or consents to the extension.
(6) If the term of a 5 year silviculture plan is extended, the person who prepared the plan must promptly amend it to the extent necessary to ensure compliance with the current requirements of this Act, the regulations and the standards.
26 (1) The district manager must prepare an access management plan for the development, maintenance and deactivation by the government of forest service roads that are not identified in a forest development plan.
(2) Before the holder of a major licence constructs, modifies, maintains or deactivates roads for which the holder of the major licence is responsible under a cutting permit or road permit, other than roads identified on a forest development plan, the holder must prepare and obtain the district manager's approval of an access management plan for the area within which the roads are located.
(3) An access management plan takes effect
(a) if the district manager prepares the plan, on the effective date specified in the plan, or
(b) if a holder of a major licence prepares the plan, on the date specified in the approval under section 41.
(4) An access management plan expires after a prescribed period from the date it takes effect.
(5) Before or after the expiry of an access management plan, the plan may be extended for a period or periods not exceeding a total of one year
(a) by a regional manager, if the plan was prepared by the district manager, or
(b) by the district manager if the plan was prepared by a holder of a major licence and the holder requests or consents to the extension.
(6) If the term of an access management plan is extended, the person who prepared the plan must promptly amend it to the extent necessary to ensure compliance with current requirements of this Act, the regulations and the standards.
27 (1) Before the holder of an agreement under the Range Act grazes livestock, cuts hay or constructs or carries out range developments on
(a) range land to which the agreement applies, or
(b) unfenced grazing land, the holder must prepare and obtain the district manager's approval of a range use plan for the area referred to in paragraph (a) or (b).
(2) The district manager, in a notice given to the holder of an agreement under the Range Act, may relieve the holder of the requirement to prepare and submit a range use plan.
(3) If the district manager gives the holder a notice under subsection (2), the district manager must prepare the range use plan.
(4) A range use plan takes effect
(a) if the district manager prepared the plan, on the effective date specified in the plan, or
(b) if a holder of an agreement under the Range Act prepared the plan, on the date specified by the district manager in the approval under section 41.
(5) A range use plan expires on the earlier of
(a) a date 5 years from the date the plan takes effect, and
(b) the expiry of the agreement under the Range Act.
(6) Before or after the expiry of a range use plan, the plan may be extended for a period or periods not exceeding a total of one year
(a) by a regional manager, if the range use plan was prepared by the district manager, or
(b) by the district manager if the plan was prepared by a holder of an agreement under the Range Act and the holder requests or consents to the extension.
(7) If the term of the range use plan is extended, the person who prepared the range use plan must promptly amend it to the extent necessary to ensure compliance with current requirements, the regulations and the standards.
Division 3 -- Exemption from Operational
Planning Requirements
28 (1) The district manager may exempt a person referred to in section 18 or 19 from the requirement for a forest development plan if the district manager determines that
(a) the only timber harvesting that will take place on the area is
(i) the felling and removal of trees to eliminate a safety hazard,
(ii) the felling of trees to facilitate the collection of seed and the proposed harvesting will not result in an opening of greater than 1 ha,
(iii) the removal of trees that have already been felled, from landings and road rights of way,
(iv) the removal of trees from recreation sites or recreation trails, or
(v) the felling and removal of trees that have been or will be treated to facilitate the entrapment of pests, and
(b) there is no road construction required to provide access for the timber harvesting under paragraph (a).
(2) Despite subsection (1), if the timber harvesting activity referred to in subsection (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.
29 (1) The district manager may exempt a person referred to in section 20 or 21 (1) from the requirement for a logging plan if the district manager determines that the proposed timber harvesting on the cutblock is limited to one or more of the following:
(a) activities referred to in section 28 (1) (a);
(b) the felling and removal of timber from an area other than along a right of way if the volume of timber does not exceed 500 m3 or the area does not exceed 1 ha;
(c) the felling and removal of damaged timber from along a right of way if the area from which the trees will be removed does not exceed .25 ha;
(d) the felling and removal of timber to facilitate gravel pit or borrow pit development;
(e) the removal of special forest products.
(2) The district manager may exempt a holder of a licence to cut, road permit or Christmas tree permit from the requirement for a logging plan if the requirement of section 33 has been met.
30 (1) The district manager may exempt a person referred to in section 22 from the requirement for a silviculture prescription if the district manager determines that the proposed timber harvesting on the area is limited to one or more of the following:
(a) harvesting timber on land that is, or will be, used for
(i) grazing or growing of hay in accordance with an agreement under the Range Act,
(ii) an experimental purpose, or
(iii) growing Christmas trees;
(b) activities referred to in section 28 (1) (a);
(c) the felling and removal of timber that is damaged or in imminent danger of being damaged, if the volume does not exceed 500 m3;
(d) removal of special forest products.
(2) Where an area is to be clearcut, the district manager may only exempt a person in respect of activities referred to in subsection (1) (b), (c) or (d) if the area, together with any adjoining cutblock that has been clearcut and is subject to an exemption under this section, will result in a contiguous clearcut not exceeding 1 ha.
(3) Where an area is to be harvested by a method other than clearcut, the district manager may only exempt a person in respect of activities referred to in subsection (1) (b), (c) or (d) if the area is not adjacent to land that is subject to an exemption under subsection (1).
(4) For the purposes of subsections (2) and (3), an area ceases to be subject to an exemption under this section when a free growing stand has been established on it.
31 (1) The district manager may exempt a person referred to in section 23 from the requirement for a silviculture prescription if the area that is to be treated
(a) is not larger than 1 ha, and
(b) is not adjacent to land that is subject to an exemption under this section.
(2) For the purposes of subsection (1) (b), an area ceases to be subject to an exemption under this section when a free growing stand has been established on it.
32 (1) The district manager may exempt a person referred to in section 24 from the requirement for a stand management prescription if the area that is to be treated
(a) is not larger than 1 ha, and
(b) is not adjacent to land that is subject to an exemption under this section.
(2) For the purposes of subsection (1) (b), an area ceases to be subject to an exemption under this section when the timber on the area is harvested.
33 The district manager may only exempt a person from a requirement referred to in sections 28 to 32 if the district manager determines that the requirement is not necessary to adequately manage and conserve the forest resources of British Columbia.
Division 4 -- Amendment and Replacement
of Operational Plans
34 (1) A person who has an operational plan may at any time submit an amendment to it to the district manager for approval.
(2) A person may not amend an operational plan under subsection (1) to the detriment of another person who has relied on the plan.
35 (1) A person who has a logging plan, silviculture prescription, stand management prescription or range use plan, and knows, or reasonably ought to know, that performing the operations specified in the operational plan will not ensure that the results specified in the operational plan will be achieved,
(a) must submit to the district manager an amendment to the plan or a new operational plan for the approval of the district manager, and
(b) must not carry out any operation under the plan until the amendment or new plan has been approved under section 41.
(2) If the government is required to carry out a silviculture prescription or stand management prescription and the district manager determines that carrying it out will not ensure that the results specified in the operational plan will be achieved, the district manager
(a) must prepare an amendment to the plan or a new plan, and
(b) must not carry out an operation under the plan until the amendment or new plan has been prepared.
(3) If the district manager determines that it is desirable because of special circumstances to amend a range use plan or prepare a new one,
(a) if the holder prepared the range use plan, the district manager may, in writing, require the holder of the plan to submit to the district manager an amendment to the plan or a new plan that meets the approval of the district manager and the person must comply with the requirement, or
(b) if the district manager prepared the range use plan, the district manager may prepare an amendment to the range use plan or prepare a new range use plan.
36 (1) A person responsible for a silviculture prescription must comply with this section if the requirements of the prescription cannot be met as a result of
(a) carrying out, or failing to carry out, a forest practice on an area subject to a silviculture prescription, or
(b) the occurrence of a natural event.
(2) If the person referred to in subsection (1) is the holder of a major licence or woodlot licence, the holder
(a) must submit to the district manager a report as to why the requirements of the silviculture prescription cannot be met and the extent to which they will not be met, and
(b) must not carry out any operation under the prescription until such time as an amendment to the silviculture prescription or a new silviculture prescription has been approved under section 41.
(3) If the government is responsible for a silviculture prescription referred to in subsection (1), the district manager
(a) must file a report with the regional manager in accordance with the regulations detailing why the requirements of the silviculture prescription cannot be met and the extent to which they will not be met, and
(b) must not carry out any silviculture treatments under the prescription until such time as an amendment to the silviculture prescription or a new silviculture prescription has been prepared.
37 (1) If the district manager determines that the holder of a major licence or a woodlot licence who is required to have a silviculture prescription under section 22 (3)
(a) has not been issued a cutting permit to carry out timber harvesting on the area covered by the prescription within 3 years after the date on which the district manager approved the prescription, or
(b) has been issued a cutting permit to carry out timber harvesting on the area covered by the prescription, but has not commenced harvesting before the expiration of the cutting permit, the district manager may, in a notice given to that person, require the person to submit a new prescription or an amendment to the prescription.
(2) Upon notice being given to the holder under subsection (1) that a new prescription is required, the prescription then in effect is no longer an approved prescription.
38 The district manager must review a silviculture prescription that is required under section 22 (1) (a) if the district manager determines that
(a) a timber sale licence for the area covered by the prescription has not been awarded within 3 years after the date on which the district manager approved the prescription, or
(b) a timber sale licence for the area covered by the prescription has been awarded, but no timber harvesting has begun on the area under the prescription within 3 years after the later of
(i) the date the timber sale licence became effective, and
(ii) the date the district manager prepared the prescription.
Division 5 -- Notice and Evaluation
of Operational Plans
39 (1) Subject to sections 42 and 43, before a holder of a major licence or woodlot licence submits an operational plan or amendment for approval, the holder must, if required by the regulations and in accordance with the regulations, make the plan or amendment available for review and comment.
(2) Before an operational plan or amendment prepared by the district manager is put into effect, the district manager must, if required by the regulations and in accordance with the regulations, make the plan or amendment available for review and comment except where review and comment would not be required if the plan or amendment were the plan or amendment of a holder of an agreement under the Forest Act or the Range Act.
(3) Subject to sections 43 and 44, before the holder of an agreement under the Range Act submits a range use plan for approval, the holder must, if required by the regulations and in accordance with the regulations, make the plan available for review and comment.
40 (1) The district manager may only give effect to an operational plan or amendment prepared by the district manager if the plan or amendment meets the requirements of this Act, the regulations and the standards.
(2) The district manager may only give effect to a forest development plan or amendment for an area referred to in section 41(6) with the approval of the designated environment official.
41 (1) The district manager must approve an operational plan or amendment submitted under this Part if
(a) the plan or amendment was prepared and submitted in accordance with this Act, the regulations and the standards, and
(b) the district manager is satisfied that the plan or amendment will adequately manage and conserve the forest resources of the area to which it applies.
(2) Before approving a plan or amendment the district manager may require the holder to submit information that the district manager reasonably requires in order to determine if the plan or amendment meets the requirements of subsection (1).
(3) The district manager may approve an operational plan or amendment only if it meets the requirements of subsection (1).
(4) Despite subsection (1), to the extent provided in the regulations a district manager may refuse to approve a logging plan or amendment that meets the requirements of that subsection if the district manager determines that the person submitting the plan or amendment
(a) has previously contravened this Act, the regulations or the standards, and
(b) has not taken all measures necessary to prevent or minimize the effects of the contravention, or rehabilitate the affected area.
(5) The district manager may make his or her approval of a forest development plan or amendment subject to a condition.
(6) A forest development plan or amendment that covers an area in a community watershed or an area meeting prescribed requirements requires the approval of both the district manager and a designated environment official.
(7) The designated environment official must approve a forest development plan or amendment under subsection (6), if the plan or amendment meets the requirements of subsection (1) and the designated environment official is satisfied that the plan or amendment will adequately manage and conserve the forest resources of the community watershed or the area meeting the prescribed requirements.
(8) For the purposes of subsection (6) "community watershed" means a watershed with a drainage area of not more than 500 km2 that
(a) is licensed under the Water Act for community water use, or
(b) is licensed under the Water Act for domestic water use and the holder of the licence, the district manager, the designated environment official and the Minister of Health all agree that the area should be regarded as a community watershed.
42 (1) Despite section 41, the district manager may, in accordance with the regulations, approve or give effect to a forest development plan or amendment or an access management plan or amendment without the plan or amendment having been made available for review and comment, if the district manager determines that the plan or amendment
(a) otherwise meets the requirements of this Act, the regulations and the standards, and
(b) is necessary to enable measures to be taken to address an emergency.
(2) If the district manager approves a forest development plan or amendment under subsection (1), the district manager may immediately approve a logging plan or amendment or a silviculture prescription or amendment if the district manager determines that
(a) the plan, prescription or amendment complies with the regulations and the standards, and
(b) the timber on the area under the plan or prescription should be harvested without delay because it is in imminent danger of being damaged or destroyed.
(3) Despite subsection (1), a forest development plan or amendment for an area referred to in section 41 (6) must be approved by both the district manager and a designated environment official.
43 (1) Despite section 41, a district manager may approve or give effect to an amendment to an operational plan where the amendment has not been made available for review and comment if the district manager determines that the amendment
(a) otherwise meets the requirements of this Act, the regulations and the standards,
(b) will adequately provide for managing and conserving the forest resources of British Columbia for the area to which it applies, and
(c) does not affect the public in a material way.
(2) Despite subsection (1), an amendment to a forest development plan for an area referred to in section 41 (6) must be approved by both the district manager and a designated environment official.
44 Despite section 41, the district manager may approve a range use plan or amendment that has not been made available for review and comment if the plan or amendment is for an area that is subject to a temporary grazing permit and if the district manager determines that the range use plan or amendment
(a) otherwise meets the requirements of this Act, the regulations and the standards, and
(b) will adequately provide for managing and conserving the forest resources of British Columbia for the area to which it applies.
Part 4 -- Forest Practices Specific to Forest and Range
Tenure Agreements and the Government
45 (1) A person must not carry out a forest practice that results in damage to the environment.
(2) Subject to subsection (3), a person does not contravene subsection (1) if the person is acting
(a) in accordance with an operational plan, or
(b) in the course of fire control or suppression carried out in accordance with this Act and the regulations.
(3) A person must not carry out a forest practice if he or she knows or should reasonably know that, due to weather conditions or site factors, the carrying out of the forest practice may result, directly or indirectly, in
(a) slumping or sliding of land,
(b) inordinate soil disturbance, or
(c) other significant damage to the environment.
(4) A person who contravenes subsection (1) or (3) must
(a) stop the forest practice in the area affected,
(b) prevent any further damage to the environment,
(c) promptly notify the district manager, and
(d) take any remedial measures that the district manager requires.
(5) A person who has stopped a forest practice under subsection (4) (a) may resume the forest practice when
(a) it can be resumed without contravening subsection (1) or (3), and
(b) any remedial measures required under subsection (4) (d) have been carried out to the satisfaction of the district manager.
46 (1) A person carrying out a forest practice on an area under a silviculture prescription must not exceed the amount specified under the prescription for the maximum proportion of the area under the prescription that may be occupied by permanent access structures, if the prescription is prepared or approved by the district manager after the date that is 6 months after the date section 231 comes into force.
(2) Subsection (1) applies despite the provisions of a logging plan, an access management plan, or a road permit.
(3) A person carrying out a forest practice on an area under a silviculture prescription must not exceed the limits specified in the silviculture prescription for
(a) the proportion of the total area that may be occupied by haul roads, spur roads, landings, gravel pits and borrow pits, if the silviculture prescription was prepared or approved in the period from and including April 1, 1994 to and including the date that is 6 months after the date section 231 comes into force, or
(b) the site productivity that may be degraded by roads and landings, if the silviculture prescription was approved before April 1, 1994.
(4) A person who exceeds
(a) the amount specified under the silviculture prescription for the maximum proportion of the total area that may be occupied by permanent access structures under subsection (1), or
(b) the limit specified under the silviculture prescription for the proportion of the total area that
(i) may be occupied by haul roads, spur roads, landings, gravel pits and borrow pits under subsection (3) (a), or
(ii) may have site productivity degraded by roads and landings under subsection (3) (b), must rehabilitate the disturbed portion of the area to comply with the prescription.
47 (1) A person carrying out a forest practice on an area under a silviculture prescription must not exceed the maximum amount of soil disturbance within the net area to be reforested specified in the prescription.
(2) Despite subsection (1), a person carrying out timber harvesting operations may, in accordance with a logging plan and silviculture prescription, temporarily exceed the maximum amount of soil disturbance within the net area to be reforested if the logging plan or silviculture prescription provides for soil rehabilitation measures to be carried out upon the conclusion of timber harvesting operations or in accordance with the logging plan.
(3) Despite subsection (1), a person carrying out silviculture treatments may, in accordance with a silviculture prescription, temporarily exceed the maximum amount of soil disturbance within the net area to be reforested if the silviculture prescription provides for site rehabilitation measures to be carried out upon the conclusion of silviculture treatments.
(4) For greater certainty, the following types of soil disturbance contribute to the total soil disturbance amount for the net area to be reforested:
(a) any unrehabilitated compacted area, corduroyed trail or dispersed disturbance;
(b) any unrehabilitated temporary access structure that is specified as a temporary access structure in a silviculture prescription or logging plan.
(5) A person who, for an area under a silviculture prescription, causes dispersed disturbance to occur in the net area to be reforested such that the maximum amount of soil disturbance within the net area to be reforested is exceeded, must rehabilitate the area to the degree necessary to bring the net amount of soil disturbance for the net area to be reforested within the maximum amount specified in the prescription.
(6) A person who constructs or modifies a road, or constructs a landing, borrow pit or gravel pit that is specified in a silviculture prescription as being of a temporary nature, must rehabilitate the area occupied by the road, landing, borrow pit or gravel pit in accordance with the regulations and standards.
(7) A person who, within an area under a silviculture prescription, constructs or modifies a bladed or excavated trail or a corduroyed trail or creates a compacted area, must rehabilitate the area in accordance with the regulations and standards.
48 (1) If the district manager determines that the area under an operational plan has sustained damage as a result of a forest practice, the district manager may, by written notice, direct the person responsible for the damage to take measures and to pay costs that are necessary to rehabilitate the area to the satisfaction of the district manager and the person must comply with the notice.
(2) Subsection (1) applies despite any limit for soil disturbance specified for an area under a silviculture prescription or stand management prescription.
49 (1) The district manager may exempt the government, or the holder of a logging plan from having to rehabilitate areas under section 46 (4) or 47 (5) to (7).
(2) The district manager may exempt a person under subsection (1) only if the district manager is satisfied that
(a) there is insufficient area affected or occupied to warrant treatment,
(b) treating the area affected or occupied is unlikely to restore soil productivity to a level necessary to achieve the results specified in the silviculture prescription for the area, or
(c) treating the area affected or occupied will create an unacceptable risk of further damage or harm to, or impairment of, forest resource values.
50 (1) When carrying out a forest practice under an agreement under the Forest Act or the Range Act, a person must
(a) comply with fuel management requirements established in an operational plan, and
(b) use fire only in accordance with the conditions of a burning permit and the regulations and standards.
(2) In accordance with the regulations and standards, a person who has carried out a planned fire that is in the nature of a broadcast burn must, after the burn, promptly
(a) carry out an impact assessment of the site and soil condition, and
(b) if the assessment shows that the effects of the planned fire were more severe than specified in the silviculture prescription or the operational plan, develop a rehabilitation plan and submit it to the district manager for approval.
(3) If the district manager approves the rehabilitation plan, the person who submitted the plan must implement it.
51 (1) In this section "resource feature" includes all of the following:
(a) a cultural heritage resource;
(b) a recreation feature;
(c) a range development;
(d) any other feature designated in the regulations.
(2) If a person carrying out a forest practice, other than fire control or suppression, finds a resource feature that was not identified on an approved oper ational plan or permit, the person carrying out the forest practice must
(a) modify or stop any forest practice that is in the immediate vicinity of the previously unidentified resource feature to the extent necessary to refrain from threatening it, and
(b) promptly advise the district manager of the existence and location of the resource feature.
52 (1) In this section "noxious weed" means a noxious weed defined under the Weed Control Act.
(2) Subject to an operational plan, a person carrying out a forest practice must, in accordance with the regulations and the standards, carry out the forest practice at a time and in a manner that will limit the spread of noxious weeds to a level acceptable to the district manager.
Division 2 -- Road Design, Construction,
Maintenance,
Use and Deactivation
53 This Division does not apply to roads constructed, modified or maintained under the Highway Act, Land Act or Municipal Act.
54 (1) A person must not use a road on Crown land for timber harvesting and related forest practices unless the person is authorized to do so under a road permit or road use permit.
(2) A person must not use a forest service road for timber harvesting and related forest practices, or any other industrial purpose, unless the person is authorized to do so under a road use permit.
(3) A person must not use a road, for which there is a road permit, for timber harvesting and related forest practices, or any other industrial purpose, unless the person is authorized to do so under the road permit or a road use permit.
(4) The district manager may exempt a person or a type of load from the requirement to have a road use permit on being satisfied that the person's use of the road or the type of load will not
(a) materially affect the use of the road by others, or
(b) unnecessarily disturb the natural environment or cultural heritage resources.
(5) The district manager may exempt a person or a type of load from a requirement to have a road permit, or requirement, under a regulation referred to in section 2 (5), to have a special use permit for use of a road, on being satisfied that
(a) the person's use of the road or the type of load will not
(i) materially affect the use of the road by others, or
(ii) unnecessarily disturb the natural environment or cultural heritage resources, and
(b) the use of the road will be for a period of less than 60 days.
55 (1) Subject to this section and to regulations respecting roads made under the Highway (Industrial) Act, a road constructed, modified or maintained by the holder of a road permit may be used for non- industrial purposes by any person, without charge.
(2) The holder of the road permit may take action under subsection (3) if
(a) use of the road under subsection (1) would likely cause significant damage to the road or environment, or endanger life or property, or
(b) the presence on the road of a vehicle or animal would likely cause damage to the road or environment or endanger life or property.
(3) If subsection (2) applies to a holder, the holder may
(a) with the prior consent of the district manager, close the road or restrict its use, or
(b) at the expense of the owner of a vehicle or animal, remove the vehicle or animal from the road.
56 (1) The holder of a road permit or road use permit must not require payment from a person for the non- industrial use of the road to which the permit applies.
(2) Except as set out in subsection (3), the holder of a road permit must not require payment for the use of the road from a person who uses the road under a road use permit or an exemption made under section 54 (4).
(3) The holder of a road permit may require payment from a person referred to in subsection (2) for
(a) a reasonable contribution to the expense of maintaining the road, and
(b) the reasonable expense of modifying the road to accommodate the special needs of the person.
(4) If the holder of the road permit and the person referred to in subsection (2) cannot agree on what constitutes a reasonable contribution or expense, they may agree to refer the matter to the district manager.
(5) On a referral to the district manager under subsection (4), the district manager may determine what constitutes a reasonable contribution or expense and the district manager's determination is binding on both parties.
57 (1) Except as set out in subsection (2), a person may use a forest service road for a non-industrial purpose without charge.
(2) If use of a forest service road would likely cause significant damage to the road or environment, or endanger life or property, or if the presence on the road of a vehicle or animal would likely cause significant damage to the road or environment, or endanger life or property, the district manager may
(a) close or restrict the use of the road, or
(b) at the expense of its owner, remove the vehicle or animal.
58 (1) A person, other than the government, who constructs or modifies a road on Crown land must comply with subsection (2) if the road is
(a) within a Provincial forest, or
(b) outside a Provincial forest and is for the purpose of providing access to timber.
(2) A person to whom this subsection applies may only construct or modify the road
(a) if
(i) the road is identified in a forest development plan or access management plan prepared or approved by the district manager, and
(ii) the construction or modification has been authorized by a road permit,
(b) if the road
(i) is wholly contained in an area covered by a cutting permit, or a timber sale licence that does not provide for cutting permits, and
(ii) is identified on a logging plan prepared or approved by the district manager,
(c) subject to any requirement for a special use permit under a regulation referred to in section 2 (5), if the construction or modification is authorized under the Coal Act, Geothermal Resources Act, Mines Act, Mining Right of Way Act or Petroleum and Natural Gas Act, or
(d) without limiting section 2 (5), if the construction or modification is authorized under a special use permit.
(3) A person to whom subsection (2) (b) applies must obtain a road permit, unless the road to be constructed or modified is wholly contained in a cutblock and is not identified on a forest development plan or access management plan as providing access to more than one cutblock.
59 (1) Before a road is constructed or modified on Crown land under section 102 of the Forest Act, the road must be identified on a forest development plan or access management plan prepared or approved by the district manager, unless the road is immediately required for fire control or suppression or another emergency.
(2) If a road referred to in subsection (1) is constructed or modified because the road is required for an emergency and the road is not identified on a forest development plan or access management plan, when the emergency is over the regional manager or district manager must assess the condition of the road and ensure that the road is maintained or deactivated in accordance with the regulations and standards.
60 (1) In accordance with the regulations, a person who is the holder of a road permit, a cutting permit or a special use permit, must obtain the district manager's approval for a road layout and design before constructing or modifying a road to which the permit applies.
(2) Before a road is constructed or modified under section 102 of the Forest Act, the district manager must prepare a road layout and design in accordance with the regulations and standards, unless the road is immediately required for fire control or suppression or another emergency.
(3) The person required to prepare a road layout and design under subsection (1) or (2) must ensure that the layout and design are consistent with any forest development plan or access management plan.
61 (1) Before a person referred to in section 60 (1) constructs or modifies a road, the person must carry out a road construction survey in accordance with the regulations and standards.
(2) Before a road is constructed or modified under section 102 of the Forest Act, the district manager must carry out a road construction survey in accordance with the regulations and standards unless the road is immediately required for fire control or suppression or another emergency.
62 (1) A person who constructs or modifies a road on Crown land
(a) within a Provincial forest, or
(b) outside a Provincial forest if the road is constructed or modified for the purpose of providing access to timber, must do so in accordance with all of the following:
(c) this Act, the regulations and the standards;
(d) any forest development plan, access management plan or logging plan;
(e) any cutting permit, road permit or special use permit;
(f) any road layout and design;
(g) a road construction survey.
(2) This section does not apply to a road constructed or modified under section 102 of the Forest Act if the road is immediately required for fire control or suppression or another emergency.
63 (1) A person who uses a road under the authority of a road permit, a cutting permit or a special use permit must maintain it in accordance with the requirements of
(a) any forest development plan or access management plan,
(b) the regulations and standards, and
(c) the road permit, cutting permit or special use permit until the road is scheduled for deactivation under the permit, a forest development plan or an access management plan.
(2) A person who has been exempted under section 54 (5) from the requirement for a road permit or a special use permit must maintain the road for the duration of the person's use of the road in accordance with the requirements of
(a) any forest development plan or access management plan, and
(b) the regulations and standards.
(3) A person who constructs or modifies a road under section 58 (2) (c) must maintain the road in accordance with the regulations and standards made under this Act until the road is deactivated.
(4) The district manager must maintain forest service roads in accordance with the requirements of
(a) any forest development plan or access management plan, and
(b) the regulations and standards until the road is scheduled for deactivation under a forest development plan or an access management plan.
64 (1) Subject to subsection (6), the holder of a road permit, a cutting permit or a special use permit must permanently deactivate the road to which the permit applies in accordance with the requirements of
(a) any forest development plan or access management plan,
(b) the regulations and standards, and
(c) the road permit, cutting permit or special use permit.
(2) After a road on Crown land in a tree farm licence area has been permanently deactivated, the holder of the tree farm licence must ensure that the deactivation on the area continues to meet the deactivation requirements referred to in subsection (1).
(3) A person must not deactivate a road, unless, in accordance with the regulations, the person prepares and obtains the district manager's approval of a road deactivation prescription for the road.
(4) The district manager must not deactivate a road unless, in accordance with the regulations, the district manager prepares a road deactivation prescription for the road.
(5) A road deactivation prescription must specify for the road any site specific measures necessary to minimize soil erosion.
(6) A person's responsibility for deactivating a road on Crown land ceases when the district manager
(a) approves use of the road by others if the approved use precludes permanent deactivation, or
(b) determines that the road has been permanently deactivated.
(7) A person who constructs or modifies a road under section 58 (2) (c) must deactivate the road in accordance with the regulations and standards when the person ceases to maintain the road.
65 Except for roads referred to in section 59 (2), a person must obtain the consent of the regional manager or district manager before connecting a road to a forest service road.
66 Despite section 4 of the Highway Act, a road constructed, modified or maintained under this Act, the Forest Act or the former Act is not a public highway unless the Lieutenant Governor in Council declares it to be.
Division 3 -- Timber Harvesting
67 (1) A person who carries out timber harvesting and related forest practices on
(a) Crown forest land,
(b) Crown range, or
(c) private land that is subject to a tree farm licence or a woodlot licence, must do so in accordance with
(d) this Act, the regulations and standards,
(e) any silviculture prescription, and
(f) any logging plan.
(2) Without limiting subsection (1), the person must
(a) conduct forest practices in and around streams in accordance with the regulations and standards,
(b) carry out timber harvesting in accordance with the silvicultural system and harvesting methods, and during the season, required by the silviculture prescription, the regulations or the standards,
(c) ensure that
(i) forest practices are carried out so as to minimize the area occupied by excavated or bladed trails, and
(ii) any soil disturbance in the net area to be reforested does not prevent the requirements of the silviculture prescription from being met, and
(d) not harvest or damage trees that are required by the silviculture prescription to be left standing or undamaged.
68 (1) A person must not build an excavated or bladed trail except in accordance with a silviculture prescription and a logging plan.
(2) Without limiting subsection (1), an excavated or bladed trail must be built in accordance with the regulations and standards.
69 If a person carries out timber harvesting that results in the removal of timber that the district manager has determined provided a barrier to livestock movement, the person who harvests the timber must take measures specified by the district manager to mitigate the effect of removing the barrier.
70 (1) In this section:
"commencement date" means
(a) for a silviculture prescription under section 22 (1) (a) or (3), the date when timber harvesting, excluding road and landing construction, begins on the area under the prescription,
(b) for a silviculture prescription under section 22 (1) (b) or (c), or 23 (1), the date the district manager prepares the prescription, or
(c) for a silviculture prescription under section 22 (4) or 23 (2), the date of the district manager's approval;
"free growing assessment period" means the period of time within which the requirements of subsection (4) (e) will be met, determined as follows:
(a) the beginning and end of the period are measured from the commencement date, if the silviculture prescription is approved or prepared by the district manager on or after April 1, 1994;
(b) the beginning and end of the period are the earliest and latest dates specified in a silviculture prescription for the free growing assessment measured from the commencement date, if the silviculture prescription was approved before April 1, 1994;
"regeneration date" means the date by which the requirements of subsection (4) (d) will be met, determined as follows:
(a) the date is measured from the commencement date, if the silviculture prescription is approved or prepared by the district manager on or after April 1, 1994;
(b) the date is determined by adding to the commencement date the regeneration delay period, as defined in section 1 (1) of the Silviculture Regulation, B.C. Reg. 147/88 as it was immediately before its repeal, if the silviculture prescription was approved or prepared before April 1, 1994;
"well spaced trees" means trees that meet the minimum allowable horizontal distance specified in the prescription.
(2) If the district manager is required to prepare a silviculture prescription and the commencement date has occurred, 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.
(3) If the holder of a major licence or woodlot licence is required to submit a silviculture prescription and the commencement date has occurred, the holder 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.
(4) Without limiting subsection (2) or (3), the person who is required to establish the free growing stand under the prescription must meet all of the following requirements:
(a) carry out the regeneration method specified in the prescription and the silviculture treatments that are required by the prescription and the regulations;
(b) not exceed the limit for soil disturbance specified in the prescription for
(i) the amount of the net area to be reforested that may be occupied by fireguards, and
(ii) disturbance from mechanical site preparation;
(c) use seed, seedlings and vegetative propagules only in accordance with the regulations and standards;
(d) by the regeneration date specified in the prescription establish, and after that date maintain, at least the minimum number, as specified in the prescription, of healthy well spaced trees
(i) of the preferred and acceptable species per hectare, and
(ii) of the preferred species per hectare;
(e) within the free growing assessment period specified in the prescription, establish a free growing stand that meets all the following requirements as specified in the prescription:
(i) the minimum number of healthy well spaced trees of the preferred and acceptable species per hectare;
(ii) the minimum number of healthy well spaced trees of the preferred species per hectare;
(iii) the maximum number of coniferous trees allowed per hectare;
(iv) the minimum height, and the height relative to competing vegetation within a radius of one metre from the tree trunk for a well spaced tree;
(f) if the density of trees exceeds the maximum number of coniferous trees allowed per hectare as specified in the prescription, carry out a spacing treatment before the end of the free growing assessment period to reduce the density of trees to within the density range specified in the prescription;
(g) if the quality and health of trees of a commercially valuable species fail to meet the prescribed requirements, carry out any necessary silviculture treatment before the end of the free growing assessment period to cause the quality and health of the trees to meet the prescribed requirements;
(h) carry out surveys at the times and in the manner specified in the regulations and standards;
(i) submit reports at the times and in the manner specified in the regulations and standards.
(5) Subsection (4) (f) does not apply to a silviculture prescription approved before April 1, 1994, unless the silviculture prescription is amended and the amendment relates to the method of regeneration.
(6) If a silviculture prescription was approved before April 1, 1994, the person who is required to produce a free growing stand must, if the density of lodgepole pine or drybelt Douglas fir exceeds the maximum density specified in the silviculture prescription, carry out a spacing treatment before the end of the free growing assessment period to reduce the number of trees to
(a) the target number of healthy well spaced trees per hectare, or
(b) if the district manager serves written notice on the person requiring a number of healthy, well spaced trees per hectare that is greater than the target number, the number required by the district manager.
71 (1) If the district manager is required to prepare a stand management prescription, the government must carry out the silviculture treatment in accordance with the regulations and standards and a stand management prescription.
(2) If the holder of a major licence or woodlot licence is required to submit a stand management prescription, the holder must carry out the silviculture treatment in accordance with the regulations and standards and a stand management prescription approved under section 41.
(3) Without limiting subsections (1) and (2),
(a) the district manager or the holder of the licence, as the case may be, 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 must submit to the district manager, records and reports in accordance with the regulations.
72 The district manager must carry out the work ordered in a notice of determination under section 118 (2) that was given to a holder of an agreement under the Forest Act in respect of a failure to meet the requirements of a silviculture prescription if
(a) the agreement has expired or has been cancelled, surrendered or otherwise terminated, and
(b) the holder of the agreement has not carried out the work within the period specified in the notice of determination.
73 (1) A person who grazes livestock, cuts hay or constructs or carries out a range development on range land or unfenced grazing land must do so in accordance with
(a) this Act, the regulations and the standards, and
(b) any range use plan.
(2) Without limiting subsection (1), the holder of an agreement under the Range Act must
(a) not construct or carry out a range development until the proposed development has
(i) been approved by the district manager in accordance with the regulations, and
(ii) been shown on a map of the site,
(b) construct or carry out range developments only in accordance with specifications approved by the district manager, and
(c) remove range developments and rehabilitate areas subject to range development if directed to do so by the district manager.
74 The holder of an agreement under the Range Act that authorizes grazing must ensure that all livestock authorized to graze on Crown range under the agreement are
(a) marked with a brand registered according to the Livestock Brand Act or marked in another manner approved by the regional manager or district manager, and
(b) identified by a mark or tag designating them as animals pastured under the agreement, if the regional manager or district manager requires it.
Part 5 -- Protection of Forest Resources: General
75 In Divisions 2 and 3 and the regulations that relate to those Divisions:
"forest" includes all of the following:
(a) forest land, whether Crown land or private land;
(b) Crown range;
(c) Crown land or private land that is predominantly maintained in one or more
(i) successive stands of trees,
(ii) successive crops of forage, or
(iii) wilderness;
"industrial activity" includes land clearing, timber harvesting, timber processing, mechanical site preparations and other silviculture treatments, mining, road construction and any prescribed activity;
"open fire" means any burning conducted in such a manner that combustion products are not vented through a stack or chimney.
Division 2 -- Fire Use and Prevention
76 (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 burning permit and the regulations.
(2) Despite subsection (1), a person may light, fuel and make use of an open fire without a burning permit, in accordance with the regulations, for the purposes of one or more of the following:
(a) cooking;
(b) warmth;
(c) ceremonial purposes;
(d) burning of material of a prescribed kind, in a prescribed quantity or for a prescribed purpose.
(3) Despite subsection (1), a person acting for the government does not require a burning permit to light, fuel or make use of an open fire if the fire is for fire control or suppression purposes.
(4) The Lieutenant Governor in Council may by order exempt an area or class of areas from subsection (1) and may, by regulation, regulate burning in the exempted area.
77 (1) A designated forest official, or a person authorized by a designated forest official, may issue a burning permit containing the conditions that are
(a) in accordance with the regulations, and
(b) considered appropriate by the person issuing the permit.
(2) Without limiting subsection (1) (a), the Lieutenant Governor in Council may make a regulation that lists the only conditions that can be attached to a burning permit.
78 A designated forest official may, if he or she considers it necessary as a preventive measure to limit the risk of a forest fire starting,
(a) in a notice published or broadcast, or both, in or near an area, including an area exempted under section 76 (4),
(i) suspend, cancel or restrict the use of all burning permits issued for the area, and
(ii) order that a person must not light, fuel or make use of an open fire in the area for any purpose referred to in section 76 (2), and
(b) in a notice served on its holder, vary, suspend, cancel or restrict the use of a burning permit.
79 (1) If required by the regulations, a person who engages in a prescribed activity related to timber harvesting must, in accordance with the regulations,
(a) assess the fire hazard, and
(b) submit the results of the fire hazard assessment to a designated forest official.
(2) In accordance with the regulations, a designated forest official may assess whether a fire hazard exists on any land in or within 1 km of a forest, and for this purpose may enter onto private land.
(3) If a designated forest official makes an assessment under subsection (2), he or she must provide the results of that assessment to a person carrying out an industrial activity on the land, and, if the land is private land, the owner or any tenant.
(4) An assessment under subsection (1) is effective to the extent it does not conflict with an assessment under subsection (2).
80 (1) If a fire hazard exists on Crown land in or within 1 km of a forest as a result of an industrial activity, the person carrying out the activity and the person causing the activity to be carried out must abate and remove the fire hazard in accordance with the regulations.
(2) If a fire hazard exists on private land, in or within 1 km of a forest as a result of an industrial activity, the following persons must abate and remove the fire hazard in accordance with the regulations:
(a) the landowner;
(b) the tenant;
(c) the person carrying out the activity;
(d) the person causing the activity to be carried out.
(3) In accordance with the regulations, a landowner and tenant must abate and remove a fire hazard that exists on private land as a result of insects, disease, wind, fire or other causes.
(4) Without limiting subsections (2) and (3), if a fire hazard exists on private land as a result of activities or conditions referred to in subsection (2) or (3), and a corporation is the landowner, tenant, person carrying out the activity or person causing the activity to be carried out, the following persons must abate and remove the fire hazard in accordance with the regulations:
(a) the landowner;
(b) the tenant;
(c) the person carrying out the activity;
(d) the person causing the activity to be carried out;
(e) the directors and officers of the corporation;
(f) a person who controls the corporation;
(g) 2 or more persons not dealing at arm's length with each other who control the corporation.
81 (1) Before a person abates or removes a fire hazard by burning, the person must apply for a burning permit and, subject to subsection (2), a burning permit must be issued to the person.
(2) If the designated forest official determines that burning is not an appropriate means of abatement or removal of the fire hazard, he or she must determine whether
(a) a burning permit should be issued at a later date, or
(b) the hazard should be abated or removed by a means other than burning.
(3) The designated forest official who makes a determination under subsection (2)
(a) must promptly advise the person who made the application for the burning permit of the determination, and
(b) may extend the prescribed time or the time specified in a notice under section 82 for abating or removing the fire hazard.
(4) A person responsible for carrying out a silviculture prescription that specifies burning as a silviculture treatment, who is advised of a determination under subsection (2) (b), must
(a) carry out an alternate type of silviculture treatment specified in the silviculture prescription, or
(b) amend the silviculture prescription in accordance with section 35.
82 If a designated forest official determines that a fire hazard has not been removed as required by this Act and the regulations, he or she may, in a notice of determination given to a person under section 118 (2) require the person to remove or abate the fire hazard and the person must comply.
Division 3 -- Fire Control and Suppression
83 In this Division:
"person's area of operation" means the area on which or within 500 m of which the person is carrying out an industrial activity;
"initial fire suppression" means action that is appropriate to take when a fire is first discovered, to contain or limit the spread of the fire, and, if possible, extinguish the fire;
"restricted area" means an area of land designated by the designated forest official as a restricted area under section 84.
84 (1) A designated forest official may, in a notice personally given, or in a notice that is published or broadcast in or near the area, order that for the period specified in the notice, the area is a restricted area, if the designated forest official considers it appropriate in a specified area
(a) as a preventive measure to limit the risk of a forest fire starting,
(b) as a public safety measure to protect the public from an actual or potential fire or from fire control or suppression operations, or
(c) to avoid interference with fire control or suppression operations.
(2) If an order made under subsection (1) is in effect, subject to subsection (3), a person must not enter a restricted area except with the written consent of the designated forest official.
(3) An order under subsection (1) does not prevent a person from
(a) travelling to and from or occupying his or her residence,
(b) using a highway, as defined in the Highway Act, or
(c) carrying on or travelling to and from an operation of a type authorized under the order.
(4) A person entering a restricted area must comply with the regulations.
85 (1) A designated forest official may order a person to leave an area specified in the order if the government is engaged in fire control or suppression operations.
(2) A person who receives an order under subsection (1) must immediately comply with the requirements of the order.
(3) A designated forest official may make an order under subsection (1) whether or not the area specified in the order has been declared a restricted area.
86 A person who sees a fire burning in or within 1 km of a forest, that appears to be unattended or burning without any precautions taken to extinguish or prevent its spread, must immediately report the fire to a forest officer or peace officer.
87 (1) Except for the purpose of starting a fire in accordance with this Act, a person must not drop a burning substance, in or within 1 km of a forest.
(2) A person who contravenes subsection (1) must immediately take all reasonable steps to extinguish the burning substance.
88 (1) A person must take the actions required under subsection (2) if the person does any of the following things in or within 1 km of a forest:
(a) starts or causes a fire, otherwise than as permitted by this Act and the regulations;
(b) starts or causes an open fire that spreads beyond the area authorized or intended for burning or otherwise becomes out of control.
(2) A person to whom subsection (1) applies must
(a) immediately take all reasonable steps to extinguish the fire, if the fire can be extinguished, and after that to report the fire, or
(b) if it appears the fire cannot be extinguished by the person, immediately report the fire.
(3) A fire is reported when it is made known to a regional manager, district manager, a designated forest official, peace officer or person answering a forest fire reporting number.
89 (1) The government may carry out a fire control and suppression operation on any land, wherever located, if a designated forest official determines that
(a) the operation is necessary to control or extinguish a fire,
(b) adequate fire control or suppression action is not being carried out, and
(c) forest resources on Crown land or private land are threatened by the fire.
(2) If the government causes fire control or suppression operations to be carried out on private land under subsection (1), the reasonable cost of the operations is a debt due the government by the owner of the land, payable on demand.
90 (1) A person acting on behalf of the government may enter on private land for the purpose of carrying out fire control or suppression operations on adjoining land.
(2) The government must compensate the owner and any tenant for damage caused to private land by the government under subsection (1).
91 (1) A person carrying out an industrial activity in or within 1 km of a forest must
(a) do so in accordance with the regulations, and
(b) at all times have
(i) the tools and equipment in the quantity and of the type required by the regulations, and
(ii) the prescribed number of personnel who meet the prescribed training qualifications.
(2) A person engaged in a prescribed category of industrial activity must submit to the district manager a fire preparedness plan that
(a) specifies proposed fire detection and initial fire suppression for the person's area of operation, and
(b) meets the requirements of the regulations.
92 (1) If a person is carrying out an industrial activity and a fire occurs in or within 1 km of a person's area of operation, that person
(a) must report the fire to the forest district office, and
(b) carry out initial fire suppression in accordance with the regulations.
(2) A person is not relieved of a responsibility under subsection (1) by the government carrying out a fire control and suppression activity in the person's area of operation.
93 (1) A designated forest official may hire temporary employees for the purposes of carrying out fire suppression operations.
(2) The Public Service Act does not apply to a person hired as a temporary employee under subsection (1).
(3) A temporary employee hired under subsection (1) must be compensated by the government in accordance with the regulations.
(4) A designated forest official may, in writing, authorize a temporary employee to exercise, within the limits provided in the authorizations, the powers conferred on
(a) a designated forest official under section 77, 78 (b), 85, 89 or 94, or
(b) a person acting on behalf of the government under section 90 (1).
94 (1) A designated forest official may, for the purposes of carrying out fire control or suppression operations,
(a) order a person
(i) to provide facilities and equipment that the person owns or has use of, and
(ii) if an employee of the person is trained to fight forest fires or has skills that can be used to fight forest fires, and is ordered to assist in controlling or extinguishing a fire under paragraph (b), to release an employee from his or her duties and to pay the employee his or her usual wages while fighting the fire, and
(b) order a person who is 19 or older to assist in controlling or extinguishing a forest fire if the person
(i) is physically capable of doing so, and
(ii) is trained to fight forest fires or possesses skills that can be used to fight forest fires.
(2) A person who is the subject of an order under subsection (1), must comply with the order without delay.
95 (1) Subject to subsections (2), (4), (5) and (7), a person who incurs expense complying with an order issued under section 94 must be compensated by the government in an amount determined by a designated forest official in accordance with the regulations.
(2) Despite subsection (1), the regional manager may make a determination that a person, or that person's employee,
(a) caused a fire,
(b) failed to comply with section 92, or
(c) failed to comply with the regulations and that failure contributed to the cause or spread of a fire.
(3) If the regional manager makes a determination under subsection (2) the regional manager must give the person a notice of determination under section 120.
(4) The government is not liable to compensate a person who is determined under subsection (2) to have caused a fire or failed to comply, for an expense incurred in complying with an order issued under section 94 for
(a) equipment brought to a forest fire from within 30 km by road of the person's area of operation, including, for example, crawlers, tractors, trucks, excavators and skidders,
(b) any facilities or vehicles that serve the person's area of operation including, for example, camps, first aid offices, warehouses, machine shops, trucks and crew buses,
(c) wages payable to employees referred to in section 94 (1) (a) (ii), and
(d) prescribed expenses.
(5) The government is not liable to compensate a person referred to in section 94 for any costs incurred in carrying out initial fire suppression activities.
(6) In accordance with the regulations the government may compensate a person who incurs expense, other than on private land owned or occupied by the person, in voluntarily attempting to control or extinguish a fire burning in or within 1 km of a forest.
(7) Compensation is not payable under subsection (1) or
(6) to a person in respect of expenses that relate to a fire on private land that the person owns, rents or leases.
Division 4 -- Unauthorized Timber
Harvesting and Trespass
96 (1) A person must not cut, remove, 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 mineral claim or a 2 post claim,
(d) under the Park Act,
(e) by the regulations, in the course of carrying out duties as a land surveyor, or
(f) by the regulations, in the course of fire control or suppression operations.
(2) If a person cuts, removes, damages or destroys Crown timber contrary to subsection (1), at the direction of, or on behalf of, another person, that other person also contravenes subsection (1).
(3) 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.
97 (1) Before an owner or occupier of private land that is adjacent to Crown land authorizes another person to cut or remove timber from the private land, the owner or occupier must inform that other person of the boundaries of the private land.
(2) Before a person cuts or removes timber from private land adjacent to Crown land, the person must ascertain the boundaries of the private land.
98 A person must not cause or permit livestock to be ridden or driven on, or to graze on Crown range unless
(a) authorized to do so under an agreement under the Range Act, under the Forest Act or under a special use permit, and
(b) the person acts in accordance with this Act, the regulations, the standards and a range use plan.
99 (1) A person must obtain the consent of the district manager before constructing or occupying a building on Crown land in a Provincial forest.
(2) The district manager may, in a notice given to a person who contravenes subsection (1), order the person to do one or more of the following:
(a) remove or destroy, or both, the building or other structure;
(b) restore the land under the building or other structure.
(3) If the person fails to comply with the order, the district manager may carry out the order and the person must, on demand, reimburse the government for the costs incurred.
100 A person must not cut, remove, damage or destroy hay on Crown range unless authorized to do so under an agreement under the Range Act.
101 (1) A person must obtain the consent of the district manager before
(a) storing hay on Crown range, or
(b) carrying out, constructing, modifying, maintaining, damaging or destroying a range development on Crown range.
(2) The district manager may, in a notice given to a person who contravenes subsection (1), order the person to do one or more of the following:
(a) remove or destroy, or both, the stored hay or the range development;
(b) restore the land under the stored hay or the range development, or both;
(c) repair or rehabilitate the range development.
(3) If the person fails to comply with the order, the district manager may carry out the order and the person must, on demand, reimburse the government for the costs incurred.
102 (1) Subject to subsection (2), a person must obtain the consent of the district manager before constructing, rehabilitating or maintaining a trail or other recreation facility on Crown land.
(2) Subsection (1) does not apply to a person who is authorized under another enactment to construct, rehabilitate or maintain a trail or recreational facility on Crown land.
(3) The district manager may, in a notice served on a person who contravenes subsection (1), order the person to
(a) remove or destroy, or both, the trail or facility, and
(b) restore the land underlying the trail or facility.
(4) If the person fails to comply with the order, the district manager may carry out the order and the person must, on demand, reimburse the government for the costs incurred.
103 A person must not
(a) drive or place any nail, spike or other potentially hazardous object into any timber that the person does not own or is not authorized to alter,
(b) possess any nail, spike or other potentially hazardous object with the intention of driving or placing it into any timber that the person does not own or is not authorized to alter, or
(c) solicit funds or materials from another person with the stated intention that the funds or material will be used to enable any person to drive or place any nail, spike or other potentially hazardous object into any timber that the person does not own or is not authorized to alter.
Division 5 -- Botanical Forest Products
104 Unless a person holds a valid botanical forest product dealer's licence, the person must not, as part of a commercial enterprise, buy a botanical forest product from a person, or otherwise engage in trade concerning a botanical forest product with a person who harvested the botanical forest product if it
(a) was harvested from Crown land in a Provincial forest or Crown range, and
(b) is designated in a regulation for the purposes of this section.
105 (1) If the district manager determines that it is necessary to protect a recreation resource or manage public recreation use on Crown land, he or she may, by written order, restrict, prohibit or attach a condition to
(a) a non-recreational use of
(i) a resource management zone, landscape unit or sensitive area that was established for recreation, or
(ii) an interpretive forest site, recreation site or recreation trail that is on Crown land, except any use permitted under the Coal Act, Mineral Tenure Act or Petroleum and Natural Gas Act, or
(b) a recreational use anywhere on Crown land, except a use that is specifically permitted by or under another enactment.
(2) The district manager may make different orders under subsection (1) for different uses and locations.
(3) A district manager who makes an order under subsection (1), must post a notice of it in the area to which it applies.
(4) A person must not
(a) contravene an order made under subsection (1), or
(b) remove, alter, destroy or deface a notice posted under subsection (3), without lawful authority.
Division 7 -- Control of Destructive
Agents
106 (1) If a designated forest official determines that on
(a) private land, or
(b) Crown land that is subject to an agreement under the Forest Act, there are insects, diseases, animals or abiotic factors that are causing damage to a forest to an extent that the objectives specified in higher level plans for the area cannot be met, the district manager may, in a notice given to the owner or the holder of the agreement, order measures to be undertaken within a specified time to control or dispose of the insects, diseases, animals or abiotic factors and the person must comply.
(2) Any order under subsection (1) must be consistent with the Wildlife Act, S.B.C. 1982, c. 57, and the Pesticide Control Act, R.S.B.C. 1979, c. 322.
Part 6 -- Compliance and Enforcement
Division 1 -- Inspecting, Stopping
and Seizing
107 (1) In this Division "the Acts" means one or more of this Act, the regulations or the standards or the Forest Act, the Range Act or a regulation made under one of those Acts.
(2) For any purpose related to the administration or enforcement of the Acts, an official may enter, at any reasonable time, on land or premises, other than a dwelling house or a room being used as a dwelling, if the official has reasonable grounds to believe that the land or premises
(a) has located on it timber that is required to be scaled or marked with a timber mark under the Forest Act,
(b) is the site of timber harvesting that is regulated under this Act or the Forest Act,
(c) is the site of a forest practice that is regulated under this Act or is carried on by a person who is required under the Acts to hold a licence or permit to carry out that forest practice,
(d) is the site of trading in botanical forest products,
(e) is the site of an activity that requires a licence, permit, plan or approval under the Acts, or
(f) is the site of an industrial activity, as defined in section 75, being carried out in or within 1 km of a forest.
(3) An official may, at any reasonable time, enter on land that is in or within 1 km of a forest to inspect for fire hazards if the official has reasonable grounds to believe that an activity is being carried out or a condition exists on the land that might cause or produce a fire hazard.
(4) An official who enters on land or premises under this section may
(a) inspect any thing or any activity that is reasonably related to the purpose of the inspection, and
(b) require production for the purposes of inspection or copying of
(i) a licence, permit or operational plan that is required for the activity, and
(ii) a record required to be kept under the Acts.
108 For any purpose related to the administration and enforcement of the Acts, an official may at any time stop and inspect a vehicle or vessel the official has reasonable grounds to believe
(a) contains or is transporting timber, special forest products, botanical forest products or hay, and
(b) is under the operation or control of
(i) the holder of an agreement under the Forest Act or Range Act, or a product licence, or
(ii) any person.
109 An official may stop a person who is operating a vehicle or vessel if the official has reasonable grounds to believe that the person is contravening or has contravened
(a) this Act or the regulations respecting the use of an interpretive forest site, recreation site or recreation trail, or
(b) an order of the district manager under section 105 (1).
110 (1) A senior official may by written order require the holder of an agreement under the Forest Act or Range Act, within the time specified in the order, to produce records that are
(a) related to an activity that requires a licence, permit, plan or approval under the Acts, and
(b) specified or otherwise described in the order.
(2) At any reasonable time an official may enter the business premises of a holder of an agreement under the Forest Act or Range Act where records are kept, for the purpose of inspecting or copying records that are required to be kept under the Acts.
111 An official who conducts an inspection under this Division or who seizes goods under Division 2 must provide proof of identity to the person who has apparent custody or control of the property or activity being inspected or the goods being seized.
112 (1) A person must not obstruct an official in the lawful exercise of an inspection.
(2) The operator of a vehicle or vessel must stop the vehicle or vessel when required to do so by an official referred to in section 108 or 109 who
(a) is in uniform,
(b) displays his or her official badge, or
(c) is in or near a vehicle or vessel that is readily identifiable as a government vehicle.
(3) A person who
(a) has apparent custody or control of the land, premises, records or other property that is being inspected,
(b) is in charge of the activity that is being inspected, or
(c) is operating a vehicle or vessel that is stopped under section 108 or 109, must, on request of the official, produce
(d) proof of identity,
(e) a licence, permit or operational plan requested under section 107 (4) (b), and
(f) a record requested under section 110.
113 (1) A justice of the peace may issue a warrant under section 17 or 17.1 of the Offence Act to an official to enter premises and search for and seize evidence of a contravention of the Acts.
(2) The provisions of the Offence Act apply to the search and seizure.
114 An official exercising powers or duties under this Part may be accompanied by a peace officer.
115 (1) A designated forest official may seize
(a) Crown timber that the designated forest official has reasonable grounds to believe was cut or removed in contravention of section 96,
(b) timber, lumber, veneer, plywood, pulp, newsprint, special forest products, wood residue and chattels on which the government has a lien under section 141 (1) (d) of the Forest Act,
(c) timber, including special forest products, that the designated forest official has reasonable grounds to believe
(i) was removed from land in contravention of section 65 (1) or (3) of the Forest Act,
(ii) has not been scaled under section 73 of the Forest Act and is being or has been
(A) transported to a place other than the place where it is required to be scaled, or
(B) used in manufacturing,
(iii) is being transported outside British Columbia in contravention of section 135 of the Forest Act,
(iv) is being or has been transported in contravention of any regulation made under the Forest Act, or
(v) is mixed with timber to which this subsection applies,
(d) any timber product that the designated forest official has reasonable grounds to believe has been manufactured from timber, including special forest products, that has not been scaled under section 73 of the Forest Act,
(e) hay that has been cut, removed or damaged contrary to section 100,
(f) hay that has been stored contrary to section 101,
(g) a botanical forest product that the designated forest official has reasonable grounds to believe has been bought or traded contrary to section 104, and
(h) a vehicle or vessel transporting timber, timber products, hay or botanical forest products to which paragraphs (a) to (g) apply.
(2) The regional manager may sell
(a) Crown timber seized under subsection (1) (a), hay seized under subsection (1) (e), or botanical forest products seized under subsection (1) (g) at a public auction or by private sale, and
(b) timber, chattels, timber products or hay seized under subsection (1) (b), (c), (d) or (f) at a public auction.
(3) If timber, chattels or timber products are sold under subsection (2) (b), notice of the public auction must be published at least 10 days in advance, in or near the area where the sale is to take place, and must
(a) specify the time and place of the auction, and
(b) identify the name of the person from whom the timber, chattel or timber product was seized.
(4) If the money realized from the public auction exceeds the money that is payable to the government, including interest and costs of seizure, storage and sale, the surplus must be paid to the person who possessed the property when it was seized if the property is
(a) timber, a chattel or a timber product seized under subsection (1) (b), or
(b) timber seized under subsection (1) (c) (v).
(5) Despite subsection (4), if within 30 days after the sale a person other than the person referred to in subsection (4) serves a notice of a claim to the surplus on the regional manager, the surplus must be retained until the determination of the respective rights of persons claiming the surplus.
(6) The total proceeds from the sale of timber, a chattel or a timber product seized and sold under this section other than timber, chattels or timber products referred to in subsection (4) (a) or (b), must be paid into the consolidated revenue fund.
(7) A vehicle or vessel seized under subsection (1) (h) must be released from seizure once the timber, chattel, timber product, hay or botanical forest product is delivered to a location specified by the official.
116 (1) If a designated forest official determines that a person has contravened section 98, the designated forest official may do one or more of the following:
(a) drive the livestock from Crown range;
(b) round up, seize, tranquilize and hold the livestock;
(c) destroy the livestock if
(i) the safety of a person acting under this section is threatened by an animal that is being driven, rounded up, seized, tranquilized or held,
(ii) it is impracticable to round up the livestock, or
(iii) it would be humane treatment to do so.
(2) If livestock are held under subsection (1), a designated forest official may
(a) return the livestock to the owner on payment of the reasonable costs of driving, rounding up, seizing, tranquilizing, holding, maintaining and returning the livestock or of disposing of a destroyed animal, or
(b) sell the livestock in accordance with the regulations.
(3) A designated forest official acting under this section must take reasonable care of the livestock while driving, rounding up, seizing, tranquilizing, holding, returning or selling them.
(4) If livestock are sold under subsection (2) all of the following apply:
(a) the purchaser acquires absolute ownership of the livestock, free of encumbrances;
(b) the government will pay the balance of proceeds realized from the sale, after deducting the costs incurred for the driving, rounding up, seizing, holding and selling the livestock, to a person who
(i) provides evidence satisfactory to the regional manager or district manager that the person owned the livestock immediately before the sale, and
(ii) applies in writing to the district manager for the balance within 6 months after the sale;
(c) the balance of proceeds from the sale, if not paid under paragraph (b), must be paid to the consolidated revenue fund.
Division 3 -- Administrative Remedies
117 (1) If a senior official determines that a person has contravened this Act, the regulations, the standards or an operational plan, the senior official may levy a penalty against the person up to the amount and in the manner prescribed.
(2) If a person's employee, agent or contractor, as that term is defined in section 158.1 of the Forest Act, contravenes this Act, the regulations or the standards in the course of carrying out the employment, agency or contract, the person also commits the contravention.
(3) If a corporation contravenes this Act, the regulations or the standards, a director or officer of it who authorized, permitted or acquiesced in the contravention also commits the contravention.
(4) Before the senior official levies a penalty under subsection (1) or section 119, he or she
(a) must consider any policy established by the minister under section 122, and
(b) subject to any policy established by the minister under section 122, may consider the following:
(i) previous contraventions of a similar nature by the person;
(ii) the gravity and magnitude of the contravention;
(iii) whether the violation was repeated or continuous;
(iv) whether the contravention was deliberate;
(v) any economic benefit derived by the person from the contravention;
(vi) the person's cooperativeness and efforts to correct the contravention;
(vii) any other considerations that the Lieutenant Governor in Council may prescribe.
(5) The senior official who levies a penalty against a person under this section or section 119 must give a notice of determination to the person setting out all of the following:
(a) the nature of the contravention;
(b) the amount of the penalty;
(c) the date by which the penalty must be paid;
(d) the person's right to a review and appeal including the title and address of the review official to whom a request for a review may be made.
(6) For the purposes of subsection (1) the Lieutenant Governor in Council may prescribe penalties that vary according to
(a) the area of land,
(b) the volume of timber,
(c) the number of trees, or
(d) the number of livestock affected by the contravention.
118 (1) If a senior official determines that a person who is the holder of an agreement under the Forest Act or the Range Act has contravened this Act, the regulations, the standards or an operational plan, he or she, in a notice of determination given under subsection (2), may order the person to do work to remedy the contravention
(a) by requiring the holder to carry out a forest practice
(i) that is required by the Act, the regulations, the standards or an operational plan, and
(ii) that the holder has failed to carry out, or
(b) by requiring the holder to repair any damage caused by the contravention to the land on which the forest practice was carried out.
(2) A senior official who orders work to be done under subsection (1) or a designated forest official who requires removal or abatement of a fire hazard under section 82 must give a notice of determination to the person setting out all of the following that is applicable:
(a) the nature of the contravention;
(b) the nature of the work to be done to remedy the contravention;
(c) the date by which the work must be completed;
(d) the person's right to a review and appeal including the title and address of the review official to whom a request for a review may be made;
(e) the right of the government to carry out the work and levy a penalty if the person fails to comply with the order.
(3) If a person fails to comply with an order under subsection (1) or section 82 by the date specified in a notice given under subsection (2), a senior official may do one or more of the following:
(a) in a notice given to the person, restrict or prohibit the person from carrying out the work referred to in the order;
(b) carry out the work;
(c) realize on any security the person was required to provide under a regulation made under section 201.
(4) If a senior official carries out work under subsection (3) he or she may levy against the person who failed to comply with the order a penalty in an amount the senior official determines to be equal to the expenses incurred in carrying out the work.
(5) If a senior official carries out work under subsection (3) that results from a contravention of section 70, the person who failed to comply with the order must pay a penalty of twice the amount the senior official determines to be equal to the expenses incurred in carrying out the work.
(6) On completion of work carried out under subsection (3) (b), the senior official must provide the person with an accounting of expenditures relating to the work.
(7) If security is realized under subsection (3) (c), the person must immediately replace the security to the extent it has been realized.
(8) If there is a surplus of funds remaining from the realization of a security under subsection (3) (c) after payment of the costs incurred by the govern ment in doing the work, the senior official must promptly refund the surplus to the person.
(9) If the minister considers that a person is not complying, or has not complied, with an order under this section, the minister may apply to the Supreme Court for an order under section 147.
119 (1) If a senior official determines that a person has cut, damaged, removed or destroyed Crown timber in contravention of section 96, he or she may levy a penalty against the person up to an amount equal to
(a) the senior official's determination of the stumpage and bonus bid that would have been payable had the volume of timber been sold under section 16 of the Forest Act, and
(b) an amount equal to 2 times the senior official's determination of the market value of logs and special forest products that were, or could have been, produced from the timber.
(2) A penalty may not be levied under both section 117 and subsection (1).
(3) In addition to a penalty under section 117 or subsection (1), a senior official who determines that a person has cut, damaged, removed or destroyed Crown timber in contravention of section 97, may levy a penalty against the person up to an amount equal to his or her determination of
(a) the cost that will be incurred by the government in re-establishing a free growing stand on the area, and
(b) the costs that were incurred by government in applying silviculture treatments to the area that were rendered ineffective because of the contravention.
120 A regional manager who makes a determination under section 95 (2) that a person caused a fire, failed to comply with section 92 or contributed to the cause or spread of a fire must give the person a notice of determination setting out sufficient information to enable the person to respond to the determination.
121 (1) The district manager or regional manager may extend a date referred to in a notice of determination under this Division.
(2) Any penalty or charge is due on the date set out in the notice of determination, unless the person requests a review under section 127, in which case it is due on the date the stay under section 126 ceases to apply.
122 (1) The minister may establish, vary or rescind policies and procedures respecting penalties and remediation orders.
(2) Before a person levies a penalty under section 117 or 119, or makes an order under section 118, the person must consider any applicable policy or procedure established under this section.
(3) The policies and procedures established, varied or rescinded under subsection (1) must be made available for inspection by any person.
123 (1) If an official considers that a person is contravening a provision of this Act, the Forest Act or the Range Act or the regulations or the standards made under those Acts, the official, in accordance with the regulations may order that the contravention cease, or cease to the extent specified by the order until the person has a required licence, permit, plan, prescription or approval.
(2) An order under this section may be made to apply generally or to one or more persons named in the order.
(3) If the minister considers that a person is not complying, or has not complied, with an order under this section, the minister may apply to the Supreme Court for an order under section 147.
124 A designated forest official may, in a notice served on the holder of a burning permit, suspend or cancel a burning permit, if the designated forest official determines that the holder of the burning permit
(a) is not complying with the permit, or
(b) has contravened Part 5, Division 2 or the regulations.
125 (1) Subject to the Wildlife Act, S.B.C. 1982, c. 57, and the Pesticide Control Act, R.S.B.C. 1979, c. 322, a senior official may take whatever measures he or she considers necessary to control or dispose of insects, diseases, animals or abiotic factors, if a person fails to comply with an order under section 106.
(2) The costs incurred by the senior official under subsection (1) are a debt due the government by the person who failed to control or dispose of the insects, diseases, animals or abiotic factors, payable on demand.
Division 4 -- Administrative Review
and Appeals
126 (1) A determination that may be reviewed under section 127 does not become effective until the person who is the subject of the determination has no further right to have the determination reviewed or appealed.
(2) Despite subsection (1), the chief forester may order that a determination, other than a determination to levy a penalty under section 117 (1) or 119, is not stayed or is stayed subject to conditions, on being satisfied that a stay would be contrary to the public interest.
(3) Despite subsection (1), a determination made under prescribed sections or for prescribed purposes is not stayed.
127 (1) A person who is the subject of a determination under section 82, 95 (2) or 117 to 120 may deliver to the review official named in the notice of deter mination, a written request for a review of the determination.
(2) The person must
(a) attach, as part of the request, a written statement explaining why the person believes the determination is wrong, and
(b) ensure that the written request meets the content requirements of the regulations.
(3) The person must deliver the request to the review official not later than 3 weeks after the date the notice of determination was given to the person.
(4) Before or after the time limit in subsection (3) expires, the review official may extend it.
(5) A person who does not deliver the request for a review within the time specified loses the right to a review.
128 (1) The board may request a review of
(a) a determination made under section 82, 95 (2) or 117 to 120,
(b) a failure to make a determination under section 82, 95 (2) or 117 to 120, and
(c) if the regulations provide and in accordance with the regulations, a determination under section 41 with respect to approval of a forest development plan or a range use plan.
(2) To obtain a review of a failure to make a determination, the board must deliver a written request for the review to the deputy minister of the Ministry of Forests not later than 6 months after the occurrence of the event that would have been the subject of the determination.
(3) To obtain a review of a determination, the board must deliver a written request for the review to the review official specified in the notice of deter mination not later than 3 weeks after the date the notice was given to the person who is the subject of the determination.
(4) Before or after the time limit in subsection (3) expires the regional manager may extend it.
(5) If the board does not deliver the request for a review within the time specified, the board loses the right to a review.
129 (1) A review of a determination must be conducted by one or more persons employed under the Public Service Act after a request for a review is received
(a) by a review official under section 127, or
(b) by the deputy minister under section 128 (2).
(2) A review of a failure to make a determination must be made by one or more persons employed under the Public Service Act after a request is received by the deputy minister under section 128 (2).
(3) The employees who conduct the review must not have made the determination or have participated in an investigation that resulted in the determination.
(4) The employee who conducts the review, or a majority of the employees conducting the review if more than one, may decide the matter
(a) based on an oral hearing, or
(b) without an oral hearing, based on
(i) the written explanation that is part of the request, or
(ii) the written explanation and any other communication with persons the employee considers necessary to decide the matter, including the person or board requesting the review and the person who made the determination.
(5) The employee who conducts the review may make a decision
(a) confirming, varying or rescinding the determination or making a determination,
(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) A written decision must be given to the board and to the person who requested the review, not later than 60 days after the request for the review was received by the review official.
(7) Despite subsection (6), if the person conducting the review determines that the written request for review does not comply with the content requirements of the regulations, the 60 day period referred to in that subsection does not begin until a written request for review that does comply with the content requirements of the regulations is received.
130 (1) A determination or failure to make a determination may only be appealed if it has first been reviewed under sections 127 to 129.
(2) An appeal under section 131 is an appeal of the determination as varied by the review decision.
131 (1) Not later than 3 weeks after receiving a review decision under section 129 (6), the person or the board may appeal the decision by delivering to the commission a notice of appeal that meets prescribed requirements.
(2) Before or after the time limit in subsection (1) expires, the chair or a member of the commission may extend it.
(3) If the person or the board does not deliver the notice of appeal within the time required, the person or board loses the right to an appeal.
(4) 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 to
(a) the board, if the notice was delivered by the person who is the subject of the determination, or
(b) the person who is the subject of the determination, if the notice was delivered by the board.
(5) The government, the board, if it so requests, and the person who is the subject of the determination are parties to the appeal.
(6) 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.
(7) The commission, after receiving a notice of appeal, must promptly give the parties to an appeal a hearing.
(8) A party may
(a) be represented by counsel,
(b) present evidence,
(c) if there is an oral hearing, ask questions, and
(d) make submissions as to facts, law and jurisdiction.
(9) The commission may invite or permit a person to take part in a hearing as an intervenor.
(10) An intervenor may take part in a hearing to the extent permitted by the commission.
(11) A person who gives oral evidence may be questioned by the commission or the parties to the appeal.
132 (1) The commission or a member of it may order the parties to deliver written submissions.
(2) Where the party that initiated the appeal fails to 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 every party to the appeal has the opportunity to review written submissions from the other parties and an opportunity to rebut the written submissions.
133 The commission or a member of it may make an interim order in an appeal.
134 Hearings of the commission must be open to the public.
135 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.
136 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.
137 (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 by reason 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.
138 (1) On considering an appeal, the commission may
(a) confirm, vary or rescind the decision appealed from,
(b) make any decision that the person whose decision is appealed could have made, or
(c) refer the matter back to the person who made the determination with or without directions.
(2) 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.
(3) An order under subsection (2) has, after filing in the court registry, 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.
139 (1) The commission must make a decision promptly after the hearing, and give copies of the decision to the ministers, the parties and any intervenors.
(2) On the request of the minister or a party, the commission must provide written reasons for the decision.
140 Where it appears that a person has failed to comply with an order or decision of the commission or a member of it, the commission or a party 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.
141 (1) The minister or a party to the appeal before the commission may, within 3 weeks after being served with the decision of the commission and by application to the Supreme Court, appeal the decision of the commission on a question of law or jurisdiction.
(2) After an application for leave to appeal is brought to the Supreme Court, a judge may, on terms he or she considers appropriate, order that the 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.
Division 5 -- Offences and Court Orders
142 (1) The time limit for laying an information respecting an offence under this Act is 3 years after the facts on which the information is based first came to the knowledge of a district manager, regional manager or chief forester.
(2) A document purporting to have been issued by the district manager, regional manager or chief forester, certifying the day on which he or she became aware of the facts on which an information is based, is admissible without proof of the signature or official character of the individual appearing to have signed the document and, in the absence of evidence to the contrary, is proof of the matter certified.
143 (1) A person who contravenes section 45 (1), (3) or (4) or 96 (1), or who intentionally or recklessly causes damage to Crown forest land by starting a fire in contravention of section 76 (1) or 87 (1) commits an offence and is liable on conviction to a fine not exceeding $1 000 000 or to imprisonment for not more than 3 years or to both.
(2) A person who contravenes section 46 (4), 47 (5), (6) or (7), 48 (1), 51 (2), 58 (2) or (3), 62 (1), 63 (1), (2) or (3), 64 (1), (2), (3) or (7), 67, 68, 70 (3), 76 (1), 87, 88 (2) or 92 (1) commits an offence and is liable on conviction to a fine not exceeding $500 000 or to imprisonment for not more than 2 years or to both.
(3) A person who contravenes section 20 (1), 21, 22 (2), (3), (4), (5) or (6), 23 (2), 24 (2), 26 (2), 27 (1), 35 (1), 36 (2), 46 (1) or (3), 47 (1), 50, 52 (2), 54 (1), (2) or (3), 60 (1), 71 (2), 73, 74, 80, 91, 98, 99 (1), 100, 101 (1), 102 (1), 105 (4) (a), 106, 112 or 173 commits an offence and is liable on conviction to a fine not exceeding $100 000 or to imprisonment for not more than one year or to both.
(4) A person who contravenes section 61 (1), 65, 79 (1), 84 (2) or (4), 85 (2), 86, 94 (2), 97, 104 or 105 (4) (b), commits an offence and is liable on conviction to a fine not exceeding $5 000 or to imprisonment for not more than 6 months or to both.
(5) The maximum fine to which a person is liable on a second or subsequent conviction for the same offence under subsections (1) to (4) is double the amount set out in those subsections.
(6) The Lieutenant Governor in Council may, by regulation, provide that
(a) a contravention of a regulation or standard is an offence, and
(b) a person convicted of an offence under paragraph (a) is liable to the fine and imprisonment listed under one of subsections (1) to (4).
144 (1) A person commits an offence who drives or places any nail, spike or other potentially hazardous object into any timber that person does not own or is not authorized to alter.
(2) A person commits an offence who possesses, with the intention of committing an offence under subsection (1), any nail, spike or other potentially hazardous object.
(3) A person commits an offence who solicits funds or material from another person with the stated intention that the funds or material will be used to enable a person to commit an offence under subsection (1).
(4) A person convicted of an offence under subsection (1) is liable
(a) to a fine of not more than $100 000 or to imprisonment for not more than 6 months or to both,
(b) if the offence results in property damage in excess of $1 000, to a fine of not more than $100 000 or to imprisonment for not more than 1 year or to both, or
(c) if the offence results in physical injury to an individual, to a fine of not more than $250 000 or to imprisonment for not more than 3 years or both.
145 (1) In this section "irreparable damage" means damage that results in one or more hectares of land being unable to support the growth of forage or trees of the same species, health and vigor as those that occupied the land before the damage.
(2) A person commits an offence who causes irreparable damage to Crown forest land or Crown range.
(3) A person who commits an offence under subsection (2) is liable, on conviction, to a fine of not more than $1 000 000 for each hectare of Crown forest land or Crown range that is irreparably damaged.
146 (1) A proceeding, conviction or penalty for an offence under this Act does not relieve a person from any other liability.
(2) The provisions of this Part are in addition to the provisions of any other enactment or rule of law under which
(a) a remedy or right of appeal or objection is provided, or
(b) a procedure is provided for inquiry into or investigation of a matter, and nothing in this Act limits or affects that remedy, right, objection or procedure.
(3) Nothing in this section prevents a court that is determining the amount of a fine from taking into consideration the payment of an administrative penalty.
147 (1) If the minister considers that a person is not complying, or has not complied, with an order made under section 82, 99 (2), 101 (2), 102 (3), 106 (1), 118 or 123, the minister may apply to the Supreme Court for either or both of the following:
(a) an order directing the person to comply with the order or restraining the person from violating the order;
(b) an order directing the directors and officers of the person to cause the person to comply with or to cease violating the order.
(2) On application by the minister under this section, the Supreme Court may make an order it considers appropriate.
148 If a person is convicted of an offence under this Act or the regulations, then, in addition to any punishment the court may impose, the court may order the person to comply with the provisions of this Act.
149 If a person is convicted of an offence under this Act and the regulations, then, in addition to any other penalty, the court may order the person convicted to pay compensation or make restitution.
150 If a contravention of section 45 (1), (3) or (4), 51 (2), 96 (1), 98, 99 (1), 101 (1), 102 (1), 103 or 105 (4) (a) continues for more than one day, the offender is liable to a separate penalty without notice, and without a separate count being laid, for each day that the contravention occurs.
151 It is not a defence to a prosecution under section 97 that the person charged with the offence had the right to cut or remove timber on private land adjacent to Crown land and did not know the boundaries of the private land.
152 It is not a defence to a prosecution under section 100 or 101 that the person charged with the offence had the right to cut, remove or store hay on private land adjacent to Crown land and did not know the boundaries of the private land.
153 It is not a defence to a prosecution under section 102 that the person charged with the offence had the right to construct, rehabilitate or maintain a recreation site or trail
(a) on private land adjacent to Crown land and did not know the boundaries of the private land, or
(b) on Crown land on which the person was authorized under another enactment to carry out the activities, and did not know the boundaries of that parcel of Crown land.
154 A person commits an offence who
(a) without lawful excuse, intentionally interferes with,
(b) without lawful excuse, intentionally fails to comply with a lawful requirement of, or
(c) intentionally makes a false statement to or misleads or attempts to mislead, another person who is
(d) employed under the Public Service Act, a member of the board, commission or council, if any, or a person retained under section 191 (2), and
(e) exercising a power or duty under this Act, the regulations or the standards.
155 If a person is convicted of an offence under this Act or the regulations, in addition to any other punishment that may be imposed, the court may by order do one or more of the following:
(a) prohibit the person from doing anything that may result in the continuation or repetition of the offence or contravention;
(b) direct the person to take any action the court considers appropriate to remedy or avoid any harm to the environment that results or may result from the act or omission that constituted the offence;
(c) direct the person to publish, at his or her own cost, the facts relating to the conviction;
(d) direct the person to compensate the minister, in whole or in part, for the cost of any remedial or preventative action taken by or caused to be taken on behalf of the ministry as a result of the act or omission that constituted the offence;
(e) direct the person to pay court costs;
(f) direct the person to pay the costs of the investigation.
156 (1) The court that convicts a person of an offence under this Act may increase a fine imposed on the person by an amount equal to the court's estimation of the amount of the monetary benefit acquired by or that accrued to the person as a result of the commission of the offence.
(2) A fine under subsection (1)
(a) applies despite any provision that provides for a maximum fine, and
(b) is in addition to any other fine under this Act.
157 A person whose employee, agent or contractor, as that term is defined in section 158.1 of the Forest Act, commits an offence under this Act or the regulations in the course of carrying out the employment, agency or contract, also commits the offence, if the person authorized, permitted or acquiesced in it.
158 If a corporation commits an offence under this Act or the regulations by contravening this Act, a regulation or a standard, a director or officer of the corporation who authorized, permitted or acquiesced in the offence also commits the offence.
159 Section 5 of the Offence Act does not apply to this Act, the regulations or the standards.
Division 1 -- Liability and Privilege
160 (1) The ministers, persons employed under the Public Service Act and any other person who acts on behalf of the government are not liable in a personal or official capacity for loss or damage suffered by another person by reason of anything done or omitted in the exercise or performance or purported exercise or performance of a power or duty under this Act, the regulations or the standards unless the person who brings the action proves that the person acting on behalf of the government was not acting in good faith.
(2) Subsection (1) does not absolve the government from vicarious liability arising out of an act or omission for which it would be vicariously liable if this section were not in force.
(3) Without limiting subsection (1), the board, the commission, the council, if any, and their members, their employees, persons retained by them under section 191 (2), persons exercising a delegated power under section 193 and any other persons acting on behalf of any of them are persons acting on behalf of the government for the purposes of subsection (1).
(4) Despite subsection (2), the government is not liable in respect of any loss or damage caused or resulting, directly or indirectly, by or from,
(a) the enactment of this Act or a regulation or standard made under this Act, or
(b) anything done or omitted in the exercise or performance or purported exercise or performance of a power or duty conferred under this Act, the regulations or the standards, unless the person who brings the action proves that the person exercising or performing or purporting to exercise or perform the power or duty was not acting in good faith.
(5) It is conclusively deemed for all purposes, including for the purposes of the Expropriation Act, that no expropriation or injurious affection occurs as a result of
(a) the enactment of this Act or a regulation or standard made under this Act, or
(b) anything done or omitted in the exercise or performance or purported exercise or performance of a power or duty conferred under this Act, the regulations or the standards, unless the person who brings the action proves that the person exercising or performing or purporting to exercise or perform the power or duty was not acting in good faith.
(6) If damages or compensation is precluded by this section in respect of a matter, a person must not commence or maintain proceedings in respect of that matter
(a) to claim damages or compensation of any kind from the government, or
(b) to obtain a declaration that damages or compensation is payable by the government.
(7) This section applies despite any other enactment including the Expropriation Act.
161 For the purposes of any Act or law respecting libel or slander,
(a) anything said, all information supplied and all records and things produced in the course of an investigation, inquiry or proceedings before the board, commission or council, if any, under this Act are privileged to the same extent as if the inquiry or proceedings were proceedings in a court, and
(b) a report made by the board and a fair and accurate account of the report in a newspaper, periodical publication or broadcast is privileged to the same extent as if the report of the board were the order of the court.
162 (1) A person is liable to the government for costs incurred by the government in
(a) controlling or suppressing a fire, and
(b) establishing a free growing stand if the costs are incurred as a result, directly or indirectly, of the person's failure to comply with
(c) the requirements of Part 5, Division 2 or 3,
(d) a requirement of a regulation or standard made under this Act respecting fire use, prevention, control or suppression,
(e) a burning permit, or
(f) an order under section 78, 82, 84, 85, 94 or 118.
(2) A person is liable to the government for the value of Crown timber and other forest resources of the government or other property of the government damaged or destroyed as a result, directly or indirectly, of the person's failure to comply with a requirement, permit or order referred to in subsection (1) (c) to (f).
(3) A person is liable to the government
(a) for costs incurred by the government in controlling or disposing of insects, diseases, animals or abiotic factors, and
(b) the value of Crown timber damaged or destroyed directly or indirectly as a result of the person's failure to comply with an order under section 106.
163 (1) In this section "person" means
(a) the government, the board, the commission or the council, if any,
(b) an employee, agent and independent contractor of the government, the board, the commission or the council, if any, and
(c) a member of the board, the commission or the council, if any.
(2) Each of the following persons must take an oath that he or she will not disclose information or records obtained under this Act, the regulations or the standards except as permitted by this section and the Freedom of Information and Protection of Privacy Act and the regulations:
(a) a member of the board, commission or council, if any;
(b) an employee of the board, commission or council, if any;
(c) a person appointed to carry out an audit referred to in section 176;
(d) a specialist or consultant retained by the board, commission or council, if any.
(3) A person must not disclose any information or record obtained in exercising or performing a power, duty or function under this Act, the regulations or the standards except as required for the performance of his or her duties under this Act or the regulations or as permitted in this section or the Freedom of Information and Protection of Privacy Act and the regulations under that Act.
(4) A person may disclose to the government any information or record obtained in the exercise or performance of a power, duty or function under this Act, the regulations or the standards.
(5) A person may disclose information or a record in the course of a proceeding referred to in section 183.
(6) A person must not disclose, or be compelled to disclose any information or record obtained in the exercise of a power, duty or function under this Act, the regulations or the standards to a court, or in a proceeding of a judicial nature, in the following matters:
(a) a trial of a person for perjury;
(b) a proceeding to enforce powers of investigation under this Act;
(c) a prosecution for an offence under section 154;
(d) a review or appeal under this Act.
164 (1) A notice or other document that the government is required or permitted to give to a person under this Act, the regulations or the standards may be given by giving it, or a copy of it to the person as follows:
(a) if the person is an individual,
(i) by leaving it with the individual,
(ii) by leaving it at the individual's last or most usual place of residence with someone who is or appears to be at least 16 years of age, or
(iii) by mailing it by registered mail to the individual's last known postal address;
(b) if the person is a corporation
(i) by leaving it with
(A) a director, officer or manager of the corporation,
(B) a receptionist at a place of business of the corporation, or
(C) an attorney of the corporation appointed under section 328 of the Company Act,
(ii) by leaving it at the registered office of the corporation if the corporation is incorporated under the Company Act, or
(iii) by mailing it by registered mail to
(A) the registered office of the corporation,
(B) the attorney of the corporation appointed under section 328 of the Company Act, or
(C) an address provided by the corporation for service;
(c) if the person is a municipal corporation, regional district or other local government body, by leaving it with or sending it by registered mail to the clerk, deputy clerk or some similar official.
(2) A notice or other document that is mailed to a person by registered mail under subsection (1) is conclusively deemed to be received by the person on the eighth day after it is mailed.
165 The minister, or a person the minister authorizes in writing, may extend a time required to do anything under this Act, the regulations or the standards other than a review or appeal of a determination or the time to commence a proceeding.
166 The powers in this Act, the regulations and the standards for the government to
(a) make an order,
(b) impose a fine or penalty, or
(c) commence a proceeding may be exercised separately, concurrently or cumulatively and do not affect the powers of the government under this or any other enactment.
167 An amendment to an operational plan does not affect any fine, imprisonment, fee, charge or penalty to which a person may be liable under this Act, the regulations or the standards if the offence or contravention occurred before the amendment.
168 Taking remedial action after an offence or contravention has occurred does not affect any fine, imprisonment, fee or penalty to which a person may be liable under this Act, the regulations or the standards, for the offence or contravention.
169 Nothing in this Act, the regulations or the standards limits, interferes with, or extends the right of a person to commence or maintain a proceeding for damages caused by fire.
170 (1) The government may enter into agreements to assist in ensuring that forest resources are properly managed and conserved.
(2) Without limiting subsection (1), on behalf of the government
(a) the chief forester may enter into agreements for the growing and disposing of seeds, seedlings and vegetative propagules,
(b) a designated forest official may enter into agreements for the control and disposal of insects, diseases, animals and abiotic factors on forest land and for sharing costs of control and disposal,
(c) the minister or a designated forest official may enter into agreements under which the government provides forest protection, forest health services, or fire control or suppression services, or
(d) a designated forest official may enter into an agreement with a person to develop, expand, maintain, repair or close an interpretive forest site, recreation site or recreation trail.
(3) An amount equal to any money paid to the government under an agreement referred to in subsection (2) (c) for a purpose specified in that subsection (a) is appropriated for that purpose,
(b) is in addition to any other amount appropriated for that purpose, and
(c) is to be paid out of the consolidated revenue fund without any other appropriation other than this subsection.
171 If money appropriated for direct fire fighting costs in any year is insufficient, the extra money is to be paid out of the consolidated revenue fund without any appropriation other than this section.
172 Trees established on Crown land under section 70 are the property of the government.
173 A person must not evict, discharge, suspend, expel, intimidate, coerce, impose any pecuniary or other penalty on, or otherwise discriminate against, a person because that person complains or is named in a complaint, gives evidence or otherwise assists in respect of a prosecution, complaint or other proceeding under this Act, the regulations or the standards.
174 (1) If this Act, a regulation or a standard requires a person to perform an obligation or otherwise comply with this Act, the regulations or the standards, the person must do so at his or her own expense unless another provision of this Act or the regulations specifically provides otherwise.
(2) If a person is required under the Act, the regulations or the standards to submit an operational plan or any other plan for approval to a person acting on behalf of the government, any implementation of the plan or prescription is at the person's own expense.
Part 8 -- Forest Practices Board
175 In this Part and the regulations related to this Part "party" means the government or the holders of agreements under the Forest Act or Range Act.
Division 2 -- Complaints and Audits
176 In accordance with the regulations, the board must cause to be carried out periodic independent audits and special investigations to determine
(a) compliance with the requirements of Parts 3 to 5 and the regulations
(b) the appropriateness of government and standards made in relation to those Parts by a party, and enforcement under Part 6.
177 (1) In accordance with the regulations, the board must deal with complaints from the public respecting prescribed matters that relate to this Act.
(2) Despite subsection (1), the board may refuse to investigate, or may stop investigating a complaint if, in the opinion of the chair, any of the following applies:
(a) the complainant knew or ought to have known of the determination to which his or her complaint relates, more than one year before the complaint was received by the board;
(b) the subject matter of the complaint primarily affects a person other than the complainant and the complainant does not have sufficient personal interest in the subject matter to justify an investigation;
(c) the law or existing administrative procedure provides a remedy adequate in the circumstances for the person aggrieved and, if the person aggrieved has not taken advantage of the remedy, there is no reasonable justification for the failure to do so;
(d) the complaint is frivolous, vexatious, not made in good faith or concerns a trivial matter;
(e) having regard to all the circumstances, further investigation is not necessary in order to consider the complaint;
(f) in the circumstances, investigation would not benefit the complainant.
(3) The board must promptly notify, in writing, the complainant and the party of its decision and the reasons for it and may indicate any other recourse that may be available to the complainant if it decides
(a) to not investigate or further investigate a complaint, or
(b) that the complaint has not been substantiated.
178 (1) For the purposes of an audit, a special investigation or a complaint investigation, the board may investigate a determination.
(2) The board may conduct an audit or special investigation or complaint investigation despite a provision to the effect that a determination is final and whether or not there is a right of appeal.
(3) The board may not investigate conduct occurring before the commencement of this Act.
(4) If a question arises as to the board's jurisdiction to investigate a case or class of cases, the chair may apply to the Supreme Court for a declaratory order determining the question.
179 (1) The board may require a party to provide information or records related to an audit, a special investigation or a complaint investigation.
(2) The board may require the party to provide the information in the form and manner the board considers appropriate.
(3) The party must comply with a requirement of the board under subsection (1) or (2).
(4) Without restricting subsection (1), the board may do all of the following:
(a) at any reasonable time enter and inspect business premises occupied by a party, speak in private with any person there and otherwise investigate matters within the board's jurisdiction;
(b) require a person to provide information or produce a record or thing in his or her possession or control that relates to an investigation at a time and place the board specifies;
(c) make copies of information provided or a record or thing produced under this section.
(5) If the board obtains a record or thing under subsection (4) and the person from whom it was obtained requests its return, the board must, within 48 hours after receiving the request, return it to the person, but the board may again require its production in accordance with this section.
(6) In conducting an audit, a special investigation or a complaint investigation, the board members have the powers given to a commissioner by sections 15 and 16 of the Inquiry Act.
180 The board must not require information or a record to be produced if the Attorney General certifies that the giving of the information or record may
(a) interfere with or impede investigation or detection of offences,
(b) involve the disclosure of the deliberations of the Executive Council, or
(c) involve the disclosure of proceedings of the Executive Council or of any committee of the Executive Council, relating to matters of a secret or confidential nature, and would be harmful to the public interest.
181 (1) If the board conducts an audit or investigation, the board must notify the party affected and any other person the board considers appropriate.
(2) The board must consult with a party if the board receives a request for consultation from the authority before the board has made its report under section 185.
182 If it appears to the board that there may be sufficient grounds for making a report or recommendation under this Act that may adversely affect a party or person, the board must inform the authority or person of the grounds and must give the authority or person the opportunity to make representations, either orally or in writing at the discretion of the board, before it decides the matter.
183 Evidence given by a person in proceedings before the board and evidence of the existence of the proceedings are inadmissible against the person in a court or in any other proceeding of a judicial nature except for the following:
(a) the trial of a person for perjury;
(b) the trial of a person for an offence under section 154;
(c) an application for judicial review or an appeal from a decision with respect to that application.
184 If a person incurs expenses in complying with a request of the board for production of documents or other information, the board may, at its discretion, reimburse that person for reasonable expenses.
185 (1) After completing an audit or investigation, the board must report its conclusions, with reasons, to any complainant, to the party and, if the government is not the party affected by the audit or investigation, to the ministers.
(2) If the board makes a report under subsection (1), it may make recommendations it considers appropriate.
(3) Without limiting subsection (2), the board may make any of the following recommendations:
(a) a matter be referred to the appropriate party for further consideration;
(b) an act be remedied;
(c) an omission or delay be rectified;
(d) a decision or recommendation be cancelled or varied;
(e) reasons be given;
(f) a practice, procedure or course of conduct be altered;
(g) an enactment or other rule of law be reconsidered;
(h) any other steps be taken.
(4) Without limiting subsection (1), the chair may, if the regulations provide and in the manner they provide, make an application under section 128 for a review of a determination or failure to make a determination.
186 (1) If the board makes a recommendation under section 185 the board may
(a) request that the party notify it within a specified time of the steps that have been or are proposed to be taken to give effect to its recommendation, or
(b) if no steps have been or are proposed to be taken, the reasons for not following the recommendation.
(2) If, after considering a response made by a party the board believes it advisable to modify or further modify its recommendation, the board must notify the party of its recommendation as modified and may request that the party notify it
(a) of the steps that have been or are proposed to be taken to give effect to the modified recommendation, or
(b) if no steps have been or are proposed to be taken, of the reasons for not following the modified recommendation.
(3) The party must respond promptly to the board's request under subsection (1) or (2).
187 (1) If within a reasonable time after a request by the board under section 186 no action is taken that the board believes adequate or appropriate, the chair may, after considering any reasons given by the party,
(a) submit a report on the matter to the ministers, and
(b) after submitting a report under paragraph (a), make a report to the Lieutenant Governor in Council respecting the matter.
(2) The chair
(a) must attach to the report a copy of the board's recommendation and any response made to the board under section 186,
(b) must delete from his or her recommendation and from the response any material that would unreasonably invade any person's privacy, and
(c) may in his or her discretion delete material revealing the identity of a member, officer or employee of a party.
188 After a complaint investigation, if the board makes a recommendation pursuant to section 185 or 186 (2) and no action that the board believes adequate or appropriate is taken within a reasonable time, the board must inform the complainant of its recommendation and make such additional comments as it considers appropriate.
189 (1) In accordance with the regulations, the chair must report annually on the affairs of the board to the ministers.
(2) The minister must promptly table the report with the Legislative Assembly.
(3) If the chair considers it to be in the public interest, he or she may make a special report to the ministers or comment publicly respecting a matter relating generally to the exercise of the board's duties under this Act or to a particular case investigated by the board.
190 (1) The Lieutenant Governor in Council must establish a Forest Practices Board.
(2) The board consists of a chair, one or more vice chairs and other members the Lieutenant Governor in Council may appoint.
(3) Appointments under subsection (2) may be for a term of up to 3 years.
(4) The Lieutenant Governor in Council may
(a) appoint a person as a temporary member to deal with a matter before the board, or for a specified period or during specified circumstances, and
(b) designate a temporary member as chair.
(5) A temporary member has all the powers and may perform all the duties of a member of the board during the period or under the circumstances or for the purpose of the appointment.
(6) The Lieutenant Governor in Council may determine the remuneration, reimbursement of expenses and other conditions of employment of
(a) the chair, vice chair and other members of the board, and
(b) persons appointed under the regulations to carry out audits.
191 (1) Employees necessary to carry out the powers and duties of the board may be appointed under the Public Service Act.
(2) In accordance with the regulations, the board may engage or retain specialists, consultants and auditors that the board considers necessary to carry out the powers and duties of the office and may determine their remuneration.
(3) The Public Service Act does not apply to the retention, engagement or remuneration of specialists, consultants and auditors retained under subsection (2).
192 A person is not entitled to an oral hearing before the board.
193 (1) The chair may in writing delegate to a person or class of persons any of the board's powers or duties under this Act, except the power
(a) of delegation under this section,
(b) to make a report under this Act, or
(c) to require production of a record or disclosure of information.
(2) A delegation under this section is revocable and does not prevent the board exercising a delegated power.
(3) A delegation may be made subject to terms the chair considers appropriate.
(4) If the chair makes a delegation and then ceases to hold office, the delegation continues in effect as long as the delegate continues in office or until revoked by a succeeding chair.
(5) A person purporting to exercise a power of the board by virtue of a delegation under this section must, when requested to do so, produce evidence of his or her authority to exercise the power.
Part 9 -- Forest Appeals Commission
194 (1) The Lieutenant Governor in Council must establish a Forest Appeals Commission to hear appeals under Part 6 Division 4.
(2) The commission consists of a chair, one or more vice chairs and other members the Lieutenant Governor in Council may appoint.
(3) Appointments under subsection (2) may be for a term of up to 3 years.
(4) The Lieutenant Governor in Council may
(a) appoint a person as a temporary member to deal with a matter before the board, or for a specified period or during specified circumstances, and
(b) designate a temporary member as chair.
(5) A temporary member has all the powers and may perform all the duties of a member of the board during the period, under the circumstances or for the purpose of the appointment.
(6) The Lieutenant Governor in Council may determine the remuneration, reimbursement of expenses and other conditions of employment of the members of the commission.
195 (1) The chair may organize the commission into panels, each comprised of one or more members.
(2) The members of the commission may sit
(a) as a commission, or
(b) as a panel of the commission and 2 or more panels may sit at the same time.
(3) If members of the commission sit as a panel,
(a) the panel has the jurisdiction of, and may exercise and perform the powers and duties of, the commission, and
(b) an order, decision or action of the panel is an order, decision or action of the commission.
196 Sections 191 and 193 apply to the commission.
197 (1) In accordance with the regulations, the commission must
(a) hear appeals under Part 6 Division 4,
(b) provide the ministers with an annual evaluation of the manner in which review and appeals under this Act and the regulations are functioning and identify problems that may have arisen under their provisions,
(c) annually, and at other times it considers appropriate, make recommendations to the ministers concerning the need for amendments to this Act and the regulations respecting reviews and appeals, and
(d) perform other functions required by the regulations.
(2) The chair must give to the ministers an annual report concerning the commission's activities.
(3) The ministers must promptly lay the report before the Legislative Assembly.
198 (1) The Lieutenant Governor in Council may make regulations as authorized by section 41 of the Interpretation Act.
(2) The Lieutenant Governor in Council may make regulations respecting matters that are
(a) are referred to in a provision of this Act as having to be in accordance with the regulations, or
(b) are indicated by a provision of this Act as being a matter for a regulation.
(3) The Lieutenant Governor in Council may make a regulation defining a word or expression used in the Act.
(4) 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.
199 The Lieutenant Governor in Council may prescribe forms for the purposes of this Act.
200 (1) The Lieutenant Governor in Council may make regulations respecting fees for the provision, under this Act or the regulations or standards, of a service by the government, the board, the commission or the council, if any, to any person.
(2) Without limiting subsection (1), the preparation of a logging plan, a range use plan or an amendment to either of them by the district manager is a service by the government.
201 (1) The Lieutenant Governor in Council may make regulations requiring security of any kind, including money, to be provided by the holder of an agreement under the Forest Act or an agreement under the Range Act to ensure the performance of an obligation arising under this Act or the regu lations, the Forest Act or the regulations under that Act, the Range Act or the regulations under that Act or an agreement entered into under any of those Acts or regulations.
(2) Without limiting subsection (1) the Lieutenant Governor in Council may make regulations respecting the following:
(a) the type of security that is acceptable or not acceptable;
(b) the form and content of the security;
(c) the circumstances under which the security may be realized.
202 The Lieutenant Governor in Council may make regulations respecting the recovery of money that is required to be paid to the government under this Act or the regulations.
203 (1) The Lieutenant Governor in Council may make regulations respecting the exemption of a person, place, thing or transaction from a provision of this Act, the regulations or the standards.
(2) In making a regulation under subsection (1) the Lieutenant Governor in Council may make the exemption subject to conditions.
(3) The Lieutenant Governor in Council may make regulations restricting the district manager's authority to exempt a person from a provision under this Act, the regulations or the standards.
(4) The Lieutenant Governor in Council may not make a regulation under this section unless satisfied that the forest resources will be properly managed and conserved.
204 (1) The Lieutenant Governor in Council may make regulations respecting the use of a wilderness area or other Crown land in a Provincial forest or a portion of a Provincial forest.
(2) Without limiting subsection (1) the Lieutenant Governor in Council may make regulations respecting the issuance of permits to control or prohibit the use of a wilderness area or other Crown land in a Provincial forest or a portion of a Provincial forest.
205 The Lieutenant Governor in Council may make regulations respecting the use of interpretive forest sites, recreation sites and recreation trails including regulations that restrict, prohibit or attach a condition to the use of an interpretive forest site, recreation site or recreation trail.
206 (1) For the purposes of section 8, the Lieutenant Governor in Council may make regulations authorizing the chief forester to establish standards for operational planning and forest practices respecting all of the following:
(a) biological diversity;
(b) forest practices in resource management zones, landscape units and sensitive areas;
(c) timber quality standards for wood produced on areas that have been previously harvested;
(d) soil conservation;
(e) silvicultural systems;
(f) roads to which this Act applies, including the location, survey, design, construction, maintenance and deactivation standards for various types of roads;
(g) timber harvesting, including
(i) felling and bucking,
(ii) yarding and skidding,
(iii) area marking,
(iv) density, location, design, construction and rehabilitation of logging trails, landings and fireguards,
(v) debris disposal, and
(vi) utilization standards;
(h) silviculture, including vegetation management, seed, seedlings and propagule transfer and silviculture surveys;
(i) forest health;
(j) botanical forest products;
(k) range management, including range use, range development and weed control;
(l) recreation, visual landscape and wilderness management, including recreation use and resource enhancement and protection;
(m) fire use, prevention, control and suppression;
(n) the performance of surveys and assessments.
(2) The Lieutenant Governor in Council may make regulations limiting the circumstances in which a standard may be set under subsection (1), and regulating the practice and procedure for setting the standards.
207 (1) The Lieutenant Governor in Council may make regulations respecting operational plans.
(2) Without limiting subsection (1), for operational plans the Lieutenant Governor in Council may make regulations respecting
(a) form and content,
(b) the manner of, and time for, submitting an operational plan for approval,
(c) the making of assessments,
(d) the carrying out of surveys, and
(e) the making and submitting of reports.
208 The Lieutenant Governor in Council may make regulations to provide for review and comment on a matter dealt with in this Act or the regulations.
209 (1) The Lieutenant Governor in Council may make regulations respecting silvicultural systems and silviculture treatments.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting
(a) clearcutting, including limiting or prohibiting clearcutting, and
(b) silviculture treatments, including limiting or prohibiting various types of silviculture treatments.
210 The Lieutenant Governor in Council may make regulations respecting harvesting methods, including limiting or prohibiting the use of a harvesting method.
211 (1) The Lieutenant Governor in Council may make regulations respecting cutblocks.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting
(a) the size, including the maximum allowable size of a cutblock,
(b) the shape of a cutblock, and
(c) the spatial distribution of cutblocks, including green-up.
212 (1) The Lieutenant Governor in Council may make regulations respecting
(a) the use of forest service roads and rights of way, and
(b) the regulation or prohibition of the use and operation of vehicles or classes of vehicles on forest service roads or rights of way.
(2) A district manager may exempt a person from all or part of a regulation made under subsection (1) subject to conditions or alternative requirements he or she may specify.
213 (1) The Lieutenant Governor in Council may make regulations respecting the use of Crown range and range developments.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting
(a) the use of Crown range for grazing, hay cutting and other purposes,
(b) the identification of livestock pastured on Crown range, and
(c) range developments and the payment of costs for range developments.
214 (1) The Lieutenant Governor in Council may make regulations respecting fire use, prevention, control and suppression related to a forest as defined in section 75, including fire precautions to be taken in relation to plants, machinery and equipment in or near forests and in relation to railways and utilities.
(2) A designated forest official may exempt a person from all or part of a regulation made under subsection (1) subject to conditions or alternative requirements he or she may specify.
215 (1) In this section "licence" means a botanical forest product dealer's licence referred to in section 104.
(2) Without limiting subsection (2) the Lieutenant Governor in Council may make regulations respecting
(a) establishing a licensing scheme for the purposes of section 104,
(b) issuing, amending, renewing, suspending or cancelling licences,
(c) applications for licences,
(d) fees for licences and applications,
(e) inspectors and inspections for the purposes of enforcing licensing, and
(f) appeals.
216 (1) With respect to private land that is classified as managed forest land under the Assessment Act and the regulations made under that Act, the Lieutenant Governor in Council may make regulations respecting the following:
(a) establishing conditions that must be complied with before, during and after timber harvesting by the owner of private land or by the person having the right to harvest timber from private land, including, without restriction, public notice requirements;
(b) requiring plans in the nature of operational plans to be prepared by the land owner and approved by the district manager before timber harvesting is carried out on private land;
(c) authorizing the district manager or designated forest official to
(i) control the manner in which the timber harvesting is done on a particular parcel of private land,
(ii) set conditions that must be complied with by the owner or the person harvesting timber on a parcel of private land, and
(iii) vary the requirements established by regulation made under this section for all or part of a parcel of private land;
(d) authorizing the district manager or designated forest official to prohibit timber harvesting on all or part of a parcel of private land if the district manager or designated forest official considers that the harvesting would result in an unacceptable level of environmental damage either on the parcel or on land located elsewhere;
(e) requiring that authority to harvest timber from private land be obtained before harvesting commences;
(f) requiring that the land owner establish a free growing stand on the area from which the timber was harvested;
(g) establishing fees for the authority referred to in paragraph (e) and for harvesting timber including setting fees according to the size of the parcel, the volume, species and location of the timber to be harvested;
(h) applying all or part of this Act, including section 143, to the private land.
(2) Subsection (1) does not apply to private land included in a tree farm licence area or a woodlot licence area.
(3) If a bylaw respecting the cutting of trees has been adopted by the council of a municipality, including the City of Vancouver, the board of a regional district, the local trust committee of the Islands Trust or the executive committee of the Islands Trust acting as a local trust committee, that bylaw does not apply to land to which a regulation under subsection (1) applies to the extent that the bylaw conflicts with the regulation.
217 (1) The Lieutenant Governor in Council may make regulations respecting administrative remedies.
(2) Without limiting the generality of subsection (1), the Lieutenant Governor in Council may make regulations respecting fees, charges and penalties in cases where there is a failure to comply with the requirements of
(a) this Act, the regulations or the standards,
(b) an operational plan under this Act or the regulations, or
(c) a permit or licence issued under this Act or the regulations.
218 (1) The Lieutenant Governor in Council may make regulations respecting the Forest Practices Board.
(2) Without limiting the generality of subsection (1), the Lieutenant Governor in Council may make regulations respecting the following:
(a) audits referred to in section 176, including, without limitation, auditors, specialists and consultants, the manner of conducting an audit and the dissemination of audit results;
(b) complaints to the board including
(i) the manner of making a complaint,
(ii) specifying which complaints may be heard,
(iii) the manner of dealing with complaints, and
(iv) the nature and extent of investigations which may be taken in relation to a complaint;
(c) procedures for notifying the board of determinations or reviews;
(d) reports made by the board;
(e) the qualifications of board members;
(f) fees with respect to complaint investigations.
219 (1) The Lieutenant Governor in Council may make regulations respecting reviews, appeals and the commission.
(2) Without limiting the generality of subsection (1), the Lieutenant Governor in Council may make regulations respecting the following:
(a) the circumstances in which a review or appeal may be made;
(b) the practice, procedure and forms for reviews and appeals;
(c) the content of a request for a review or an appeal;
(d) the costs of reviews and appeals and the apportionment of those costs between parties;
(e) fees and deposits respecting applications for reviews and appeals;
(f) the number of members that constitutes a quorum of the commission or a panel.
220 (1) The Lieutenant Governor in Council may, by regulation, establish a Forest Practices Advisory Council to undertake periodic reviews of the require ments that apply to operational planning and forest practices under this Act, the regulations and the standards and make recommendations to the ministers on any specific matter relevant to this Act that is referred to the council by the ministers.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting
(a) the membership of the council including
(i) the maximum number of persons that may be appointed to the council,
(ii) the qualifications of council members,
(iii) the terms of appointed members, and
(iv) the removal and replacement of members,
(b) the annual report that must be prepared by the council, and
(c) the application of sections 191 and 193 to the council.
221 (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 to remedy any transitional difficulties encountered in doing so.
(2) A regulation made under this section may, for a period the Lieutenant Governor in Council specifies, suspend the operation of a provision of this or any other enactment 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 the date this Act receives Royal Assent.
(4) Unless repealed earlier, a regulation under subsection (1) is repealed one year after it is enacted.
(5) This section is repealed one year after it comes into force.
Part 11 -- Transitional Provisions
Division 1 -- Application of this
Act
222 Unless otherwise provided in this Part, this Act, the regulations and the standards apply to an agreement under the Forest Act or Range Act, a burning permit or a special use permit, whether or not the agreement or permit was entered into or issued before or after the coming into force of this section.
223 Section 222 applies despite any wording in the agreement or permit to the contrary.
Division 2 -- Review of Grandparented
Plans
224 (1) This Division applies to the following plans:
(a) a development plan or 5 year development plan prepared by the holder of an agreement under the Forest Act that was approved by the district manager and is in effect on the coming into force of this Act;
(b) any plan for development of areas subject to timber sale licences that are not major licences that was prepared by the district manager and is in effect on the coming into force of this Act;
(c) an operating plan prepared by the holder of a timber licence that was approved by the district manager and is in effect on the coming into force of this Act;
(d) a logging plan prepared by the holder of an agreement under the Forest Act that was approved by the district manager and is in effect on the coming into force of this Act;
(e) a logging plan prepared by the district manager, for a timber sale licence that is not a major licence, that is in effect on the coming into force of this Act;
(f) a preharvest silviculture prescription or silviculture prescription that was prepared or approved by the district manager and is in effect on the coming into force of this Act;
(g) a tenure management plan prepared or approved under the Range Act, or a plan approved as part of an agreement under the Range Act respecting the use and development of Crown range, that is in effect on the coming into force of this Act.
(2) A plan referred to in subsection (1) (a), (b) or (c) is deemed to be a forest development plan under this Act and remains in effect until the first to happen of the following:
(a) the agreement for which the plan was prepared expires or is cancelled, surrendered or otherwise terminated;
(b) the plan is replaced with a forest development plan prepared in accordance with this Act;
(c) 2 years after this section comes into force.
(3) A plan referred to in subsection (1) (d) or (e) is deemed to be a logging plan under this Act and remains in effect until the first to happen of the following:
(a) the agreement for which the plan was prepared expires or is cancelled, surrendered or otherwise terminated;
(b) the forest practices required on the area under the plan are completed to the satisfaction of the district manager;
(c) the plan is replaced with a logging plan prepared in accordance with this Act.
(4) A prescription referred to in subsection (1) (f) is deemed to be a silviculture prescription under this Act and remains in effect until the first to happen of the following:
(a) a free growing stand is produced on the area under the prescription;
(b) the prescription is replaced with a silviculture prescription prepared in accordance with this Act.
(5) A plan referred to in subsection (1) (g) is deemed to be a range use plan under this Act and remains in effect until the first to happen of the following:
(a) the agreement for which the plan was prepared expires or is cancelled, surrendered or otherwise terminated;
(b) the plan is replaced with a range use plan prepared in accordance with this Act;
(c) 2 years after this section comes into force.
(6) An operational plan referred to in subsections (2) to (5) does not have to meet the content requirements or any public review requirements that are prescribed under this Act.
225 (1) On or before the date that is 6 months after the date this subsection comes into force, the holder of a major licence or woodlot licence must, in accordance with this section, submit a report to the district manager regarding
(a) cutblocks identified in a cutting permit issued, or an application for a cutting permit submitted, before the coming into force of this Act,
(b) cutblocks identified on a forest development plan referred to in section 224 (2) for which
(i) the holder may apply for a cutting permit, or
(ii) the holder of a pulpwood agreement may apply for a timber sale licence, and
(c) roads to be constructed under a road permit associated with the holder's agreement.
(2) The holder must assess the cutblocks referred to in subsection (1) for conformity with the regulations and standards respecting cutblock size and green-up.
(3) The holder must assess the cutblocks and roads referred to in subsection (1) for conformity with the regulations and standards respecting the following:
(a) the location of the cutblocks and roads relative to high value fish bearing streams as identified by a designated environment official;
(b) community watersheds;
(c) terrain hazard assessment;
(d) other matters required by regulation.
(4) The report submitted by the holder must indicate the cutblocks and roads that
(a) conform with the regulations and standards referred to in subsections (2) and (3), and
(b) do not conform and the reasons they do not conform.
(5) After reviewing the report, the district manager, in a notice given to the holder must
(a) identify, in accordance with policies and procedures established by the minister under section 227,
(i) cutting permits and road permits that require amendment, and
(ii) operational plans referred to in section 226 that the holder must amend to satisfy the district manager that the cutblocks and roads will be consistent with conservation and good management of the forest resources, and
(b) specify the date by which the amendments referred to in paragraph (a) (ii) must be prepared to the satisfaction of the district manager.
(6) The holder who receives a notice under subsection (5), must prepare and submit any amendments to operational plans required in the notice.
(7) If a holder fails to comply with a notice under subsection (5) the district manager may suspend, in whole or in part, the rights of the holder in accordance with section 59 of the Forest Act.
(8) The district manager may amend any cutting permit or road permit in accordance with the notice.
226 (1) On or before the date that is 6 months after the date this subsection comes into force, the district manager must, in accordance with this section, submit a report to the regional manager regarding
(a) cutblocks under timber sale licences that are not major licences, advertised or entered into before the coming into force of this Act, and
(b) roads proposed to be constructed to provide access to the cutblocks referred to in paragraph (a).
(2) The district manager must assess the cutblocks referred to in subsection (1) for conformity with the regulations and standards respecting cutblock size and green-up.
(3) The district manager must assess the cutblocks and roads referred to in subsection (1) for conformity with the regulations and standards respecting the following:
(a) the location of the cutblocks and roads relative to high value fish bearing streams identified by a designated environment official;
(b) community watersheds;
(c) terrain hazard assessment;
(d) other matters required by regulation.
(4) The report prepared by the district manager must
(a) indicate those cutblocks or roads that the district manager has determined conform with the requirements of the regulations and standards referred to in subsections (2) and (3) and those that do not conform, and
(b) include a plan specifying how cutblocks or roads that do not comply with the requirements of the regulations and standards referred to in subsections (2) and (3) will be made to comply with those requirements.
(5) If directed by the regional manager, the district manager must amend operational plans referred to in section 224 that were prepared by the district manager to the extent required to implement the plan referred to in subsection (4) (b).
(6) If the district manager amends an operational plan under subsection (5) he or she may amend timber sale licences referred to in subsection (1) (a) to the extent necessary to comply with the amended operational plan.
(7) In making an amendment under subsection (5) or (6), the district manager must do so in accordance with
(a) any directions of the regional manager, and
(b) policies and procedures established by the minister under section 227.
227 (1) For the purposes of section 225 or 226 the minister may establish, vary or rescind policies and procedures respecting amendments to
(a) cutting permits,
(b) road permits,
(c) timber sale licences that do not provide for cutting permits, and
(d) operational plans.
(2) The policies and procedures established, varied or rescinded under subsection (1) must be made available for inspection by any person.
228 (1) An amendment to an operational plan referred to in section 224, other than a silviculture prescription,
(a) prepared or approved by the district manager on or before the date that is 6 months after the date this subsection comes into force, need not comply with the content and review and comment requirements of this Act and the regulations but must, at a minimum, meet the review and comment requirements that applied to the operational plan under the agreement for which it was prepared, and
(b) prepared or approved by the district manager on or before the date that is 6 months after the date this subsection comes into force, must substantially meet the content requirements and meet the review and comment requirements of this Act and the regulations.
(2) An amendment to an operational plan referred to in section 225 (5) does not require review or comment, but must meet the requirements of the notice.
(3) If a silviculture prescription referred to in section 224 (4) is amended, section 231 applies.
(4) Before the district manager approves an amendment to a forest development plan referred to in section 224 (2) prepared for an area referred to in section 41 (6), the plan must be approved by a designated environment official.
Division 3 -- Operational Plans During
Transitional Period
229 (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 the date that is 6 months after the date this subsection comes into force, the plan or amendment
(a) need not comply with the content and review and comment requirements of this Act and the regulations, and
(b) must, at a minimum, meet the content and review and comment requirements that, immediately before the coming into force of this section, applied to a forest development plan under
(i) the agreement of the holder who submitted the plan, or
(ii) the policies or guidelines of the government for the plans referred to in section 224 (1) (b).
(2) Despite section 18 or 19, if the district manager prepares or approves a forest development plan or an amendment to a forest development plan during the 18 month period that begins 6 months after the coming into force of this section, the plan or amendment must be in substantial compliance with the content requirements of the regulations and meet the review and comment requirement of the regulations.
230 Despite sections 20 and 21, if the district manager approves a logging plan or an amendment to a logging plan on or before the date that is 6 months after the date this section comes into force, the plan or the amendment need not comply with the content and review and comment requirements of this Act and the regulations but must, at a minimum, meet any content requirements that, immediately before the coming into force of this section, applied to it under the licence of the person who submitted the plan.
231 (1) Despite section 22 (3) or (4), if on or before the date that is 6 months after the date this section comes into force, the district manager approves a silviculture prescription or an amendment to a silviculture prescription, the prescription or amendment need not comply with the content require ments of this Act and the regulations but must, at a minimum, comply with the requirements of sections 10 and 11 of the Silviculture Practices Regulation B.C. Reg. 42/94, as it was immediately before this section came into force.
(2) Despite section 22 (1), if on or before the date that is 6 months after the date this section comes into force, the district manager prepares a silviculture prescription or an amendment to a silviculture prescription, the prescription or amendment
(a) need not comply with the content requirements of this Act and the regulations, and
(b) must, at a minimum, comply with the requirements of sections 10 and 11 of the Silviculture Practices Regulation B.C. Reg. 42/94, as it was immediately before the coming into force of this section.
(3) Without limiting subsections (1) and (2), if
(a) more than 6 months after the date this section comes into force
(i) the district manager approves a silviculture prescription or an amendment to a silviculture prescription, or
(ii) the district manager prepares a silviculture prescription or an amendment to a silviculture prescription, and
(b) a forest development plan in effect for the area for which the prescription applies has not been the subject of review and comment under the regulations, the person who submitted the silviculture prescription or amendment for approval or the district manager who prepared the prescription must make the prescription or any amendment to the prescription that the district manager determines would affect the public in a material way, available for review and comment in accordance with sections 12 to 14 of the Silviculture Practices Regulation B.C. Reg. 42/94, as it was immediately before this section came into force.
232 (1) Despite section 23, if on or before the date that is 6 months after the date this section comes into force,
(a) the district manager approves a silviculture prescription or an amendment to a silviculture prescription, or
(b) the district manager prepares a silviculture prescription or an amendment to a silviculture prescription the prescription or amendment need not meet the content requirements and review and comment requirements of this Act and the regulations.
(2) Despite section 23, if during the 12 month period that begins 6 months after the coming into force of this section the district manager prepares or approves a silviculture prescription or an amendment to a silviculture prescription, the prescription or amendment must be in substantial compliance with the content requirements of the regulations.
(3) Without limiting subsection (1), a prescription or amendment may be prepared or approved under subsection (1) or (2) on or before the date that is 6 months after the date this section comes into force, even if there is no 5 year silviculture plan in effect for the area under the prescription.
233 (1) Despite section 24, if on or before the date that is 6 months after the date this section comes into force,
(a) the district manager approves a stand management prescription or an amendment to a stand management prescription, or
(b) the district manager prepares a stand management prescription or an amendment to a stand management prescription, the prescription or amendment need not meet any content requirements of the regulations.
(2) Despite section 24, if during the 12 month period that begins 6 months after this section comes into force, the district manager prepares or approves a stand management prescription or an amendment to a stand management prescription, the plan or amendment must be in substantial compliance with the content requirements of the regulations.
(3) Without limiting subsection (1), a stand management prescription may be prepared or approved under subsection (1) on or before the date that is 6 months after the date this section comes into force, even if there is no 5 year silviculture plan in effect for the area under the prescription.
234 (1) Despite section 25, if on or before the date that is 6 months after the date this section comes into force,
(a) the district manager approves a 5 year silviculture plan or an amendment to a 5 year silviculture plan, or
(b) the district manager prepares a 5 year silviculture plan or an amendment to a 5 year silviculture plan the plan or amendment need not meet the content and review and comment requirements of the regulations.
(2) Despite section 25, if during the 12 month period that begins 6 months after the coming into force of this section the district manager prepares or approves a 5 year silviculture plan or an amendment to a 5 year silviculture plan, the plan or amendment must be in substantial compliance with the content requirements and the review and comment requirements of the regulations.
235 (1) Despite section 26, if on or before the date that is 6 months after the date this section comes into force,
(a) the district manager approves an access management plan or an amendment to an access management plan, or
(b) the district manager prepares an access management plan or an amendment to an access management plan the plan or amendment need not meet the content and review and comment requirements of the regulations.
(2) Despite section 26, if during the 18 month period that begins 6 months after the date this section comes into force, the district manager prepares or approves an access management plan or amendment, the plan or amendment must be in substantial compliance with the content requirements of the regulations and meet the review and comment requirements of the regulations.
(3) On or before the date that is 2 years after the date this section comes into force, the district manager may authorize a road to be used, constructed, modified, maintained or deactivated even if there is no access management plan in effect for the area on which the road is located.
236 (1) Despite section 27, if on or before the date that is 6 months after the date this section comes into force,
(a) the district manager approves a range use plan or an amendment to a range use plan, or
(b) a district manager prepares a range use plan or an amendment to a range use plan the plan or amendment need not meet any content and review and comment requirements of the regulations.
(2) Despite section 27, if during the 18 month period that begins 6 months after the coming into force of this section the district manager prepares or approves a range use plan or an amendment to a range use plan, the plan or amendment must be in substantial compliance with the content requirements and the review and comment requirements of the regulations.
Division 4 -- Grandparenting Permits
and Permits
During the Transitional Period
237 (1) A road permit granted under the Forest Act prior to the coming into force of this Act terminates on the happening of the earlier of the following:
(a) the date on which it expires, is surrendered, cancelled or otherwise terminated;
(b) 2 years after the coming into force of this section.
(2) The holder of a road permit referred to in subsection (1) that, except for subsection (1) would have extended beyond the date that is 2 years after the date this section comes into force, may apply for a replacement road permit or road use permit, as the case may be, and subject to subsection (3) and section 225 (7), the district manager must issue the permit providing the applicant with substantially the same rights as were contained in the original road permit.
(3) If the district manager determines that at the time of the application under subsection (2), the applicant was in contravention of the conditions of the original road permit, the district manager may
(a) refuse to issue the road permit or road use permit, or
(b) specify any additional conditions in the permit that the district manager determines to be reasonable and appropriate.
(4) A road permit or road use permit issued under subsection (2) or (3) must comply with the requirements of the Forest Act.
238 (1) This section applies to any cutting permit issued under an agreement under the Forest Act that provides for the issuance of cutting permits, whether or not the cutting permit was issued before this section came into force.
(2) Subject to subsection (3), every cutting permit in effect at the time this section comes into force remains in effect for the remainder of its term.
(3) A cutting permit that is in effect when this section comes into force ceases to have effect 2 years after the date this section comes into force, unless, before that date, the district manager determines that the operational planning requirements with respect to the cutting permit are consistent with the requirements of this Act, the regulations and the standards.
239 (1) Every burning permit and special use permit issued under the Forest Act and regulations that is in effect when this Act comes into force is deemed to be a burning permit or 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.
Division 5 -- Timber Sale Licences,
Licences to
Cut and Christmas Tree Permits
240 (1) This section applies to a timber sale licence, that does not provide for cutting permits, entered into before this section comes into force.
(2) Despite a provision in a timber sale licence referred to in subsection (1), if an area of land has been approved for harvesting under the timber sale licence before the coming into force of this section, the district manager may amend the size, configuration or location of the area of land to the extent necessary to ensure consistency with resource management objectives, landscape unit objectives, and standards set under this Act, provided the volume authorized for harvest under the timber sale licence, as amended, based on a cruise of the timber before it is cut, does not exceed the volume of timber that, but for the amendment, would have been authorized for harvest under the timber sale licence.
(3) Despite a provision in a timber sale licence referred to in subsection (1), the district manager is not required under the agreement to approve an area of land for harvesting, unless its size, configuration and location is consistent with any resource management objectives, landscape unit objectives and standards.
(4) If, as a result of the district manager exercising powers under subsection (2) or (3) or section 226 (6), the total cruised volume of timber authorized for harvest under the timber sale licence is less than 90% of the cruised volume of timber that, but for the exercise of these powers, would have been authorized for harvest under the agreement, the regional manager may, by way of compensation, enter into a timber sale licence under section 18 of the Forest Act that grants the right to harvest a volume of Crown timber not exceeding the difference between 90% of volume that would have been authorized for harvest and actual authorized harvest, and for this purpose section 18 must be read as authorizing this transaction.
(5) Subsection (4) does not apply to a timber sale licence entered into under a pulpwood agreement.
241 (1) A licence to cut, Christmas tree permit or free use permit granted under the Forest Act before the coming into force of this section terminates on the happening of the earlier of the following:
(a) the date on which it expires or is surrendered;
(b) 2 years after the date this section comes into force.
(2) Despite subsection (1), if the district manager determines that a licence or permit referred to in subsection (1) does not conform with the require ments of this Act, the regulations and the standards, the district manager may
(a) amend the licence or permit to the extent necessary to comply with the requirements of this Act, the regulations and the standards, or
(b) cancel the licence or permit.
242 Section 3 of the Environmental Assessment Act is amended by adding the following subsections:
(3) Subject to subsection (4), this Act and the regulations do not apply to
(a) a forest practice, as defined in the Forest Practices Code of British Columbia Act, or
(b) an activity on land that is not Crown land as defined in the Forest Act, if
(i) a regulation made under section 216 (1) of the Forest Practices Code of British Columbia Act applies to the land, and
(ii) the activity would be a forest practice if it were carried out on Crown forest land as defined in the Forest Practices Code of British Columbia Act.
(4) Subsection (3) does not affect the discretion of
(a) the Lieutenant Governor in Council under subsection (1) to make regulations prescribing that the construction, operation, modification, dismantling or abandonment of any type of timber processing facility, as defined in section 1 of the Forest Act, constitutes a reviewable project,
(b) the minister under section 4 to make an order designating as a reviewable project the construction, operation, modification, dismantling or abandonment of a timber processing facility, as defined in section 1 of the Forest Act, or
(c) the executive director to designate, for the purpose of paragraph (c) of the definition of reviewable project in section 1, any of the activities, described in subsection (3), that are related to the construction, operation or modification, dismantling or abandonment of the facilities of any reviewable project.
243 Section 1 of the Forest Act, R.S.B.C. 1979, c. 140, is amended
(a) in subsection (1) by repealing the definitions of "allowable annual cut", "forest service road" and "management plan" and substituting the following:
"allowable annual cut" means
(a) in respect of a tree farm licence area or a timber supply area, the rate of timber harvesting determined for the area under section 7 (1), as increased or reduced under this Act, and
(b) in respect of an agreement entered into under this or the former Act specifying an allowable annual cut, the rate of timber harvesting specified in the agreement, as increased or reduced under this Act;
"forest service road" means a road that
(a) is constructed, modified or maintained by the minister under section 102,
(b) was or became a forest service road under section 95 (1) (b) or (c) or (2) (b) before the repeal of that section,
(c) is declared a forest service road under section 91.1 (5), or
(d) was, under the former Act, constructed or maintained by the minister, or declared a forest service road;
"management plan" means a management plan or management and working plan approved under
(a) a tree farm licence,
(b) a woodlot licence,
(c) a pulpwood agreement, or
(d) a forest licence; ,
(b) in subsection (1) by adding the following definitions:
"Christmas tree permit" means a Christmas tree permit entered into under section 46.1;
"road use permit" means a road use permit granted under section 92; ,
(c) in subsection (1) by repealing the definitions of "basic silviculture", "burning permit", "free growing crop", "incremental silviculture" and "recreation resource", and
(d) by repealing subsections (2) and (3).
244 Section 5 (4) and (7) is repealed.
245 Section 5.1 (2) to (4) is repealed.
246 Section 5.2 is repealed.
247 Section 10 is amended by adding "the Forest Practices Code of British Columbia Act and the regulations made under that Act," after "Subject to this Act and the regulations,".
248 Section 11 is amended
(a) by repealing subsection (3) (c) and substituting the following:
(c) if required in the invitation for applications advertised under subsection (1), include a proposal, providing information the minister or a person authorized by the minister requests, for
(i) continuing, establishing or expanding a timber processing facility in British Columbia, and
(ii) meeting the objectives of the Crown in respect of any of the items referred to in subsection (4); and ,
(b) in subsection (5) by adding "or a person authorized by the minister" after "minister" wherever it appears, and
(c) by repealing subsection (5) (a) and substituting the following:
(a) approve one or more applications, .
249 Section 12 is amended
(a) by repealing paragraph (b) and substituting the following:
(b) shall specify a timber supply area within which its holder may harvest Crown timber; ,
(b) by repealing paragraphs (e) and (e.1),
(c) by repealing paragraphs (f) and (g) and substituting the following:
(f) shall provide for cutting permits to be issued by the district manager, within the limits provided in the forest licence and subject to this Act and the Forest Practices Code of British Columbia Act, to authorize its holder to harvest the allowable annual cut, from specified areas of land within the timber supply area specified in the forest licence;
(g) shall require its holder, in accordance with a proposal referred to in section 11 (3) (c), as modified at the request or with the approval of the minister or a person authorized by the minister,
(i) to continue to operate, to construct or to expand a timber processing facility, and
(ii) to carry out specified measures to meet the objectives of the Crown in respect of any of the items referred to in section 11 (4); , and
(d) in paragraph (i) by adding "the Forest Practices Code of British Columbia Act and the regulations and the standards made under that Act," after "this Act and the regulations,".
250 Section 13 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Unless a forest licence provides that a replacement for the forest licence shall not be offered, the regional manager, during the 6 month period following the fourth anniversary of an existing forest licence, shall offer its holder a replacement for the forest licence.
(1.1) Despite subsection (1), if the regional manager determines that
(a) rights under the existing forest licence are under suspension; or
(b) the holder of the existing forest licence has failed to
(i) pay stumpage or other money payable in respect of timber harvested under the forest licence or a road permit associated with the forest licence;
(ii) provide security or a deposit required under this Act or the regulations or the Forest Practices Code of British Columbia Act or the regulations made under that Act in respect of the forest licence or a road permit associated with the forest licence;
(iii) perform an obligation under the forest licence to be performed by the holder in respect of an area of land specified in
(A) a cutting permit previously issued under the forest licence, or
(B) a road permit associated with the forest licence, or
(iv) comply with a requirement of the Forest Practices Code of British Columbia Act or the regulations or the standards made under that Act in respect of an area of land referred to in subparagraph (iii);
the regional manager, to the extent provided in the regulations,
(c) may decline to offer a replacement for the existing forest licence until
(i) the suspension is rescinded;
(ii) the suspended rights are reinstated; or
(iii) the holder of the existing forest licence
(A) pays the stumpage or other money payable,
(B) provides the required security or deposit,
(C) performs the obligation to be performed under the existing forest licence in respect of land referred to in paragraph (b) (iii), or
(D) complies with the requirement of the Forest Practices Code of British Columbia Act or the regulations or the standards made under that Act in respect of land referred to in paragraph (b) (iii); and
(d) may offer a replacement with special conditions. ,
(b) in subsections (2) to (6) by striking out "under subsection (1)" wherever it appears and substituting "under this section",
(c) by repealing subsection (2) (a) to (c) and substituting the following:
(a) have a term commencing
(i) on the fifth anniversary of the existing forest licence; or
(ii) if the regional manager exercises the power conferred under subsection (1.1) (c), on a date to be determined by the regional manager;
(b) be for a term equal to
(i) the lesser of
(A) the whole original term of the existing forest licence, and
(B) 15 years; or
(ii) if the regional manager exercises the power conferred under subsection (1.1) (c), a period, not exceeding the period referred to in subparagraph (i), to be determined by the regional manager;
(c) specify the timber supply area specified in the existing forest licence; ,
(d) in subsection (2) (e) by adding "the Forest Practices Code of British Columbia Act and the regulations and the standards made under that Act," after "this Act and the regulations,", and
(e) in subsection (5) (b) by striking out "on its fifth anniversary" and substituting "on the commencement of the replacement licence".
251 Section 13.1 (2) (b) is repealed and the following substituted:
(b) that specify one or more timber supply areas within which the holder may harvest Crown timber, and .
252 Section 14 (2) (b) is repealed and the following substituted:
(b) that specify one or more timber supply areas within which the holder may harvest Crown timber; and .
253 Section 15 (2) (b) is repealed and the following substituted:
(b) specify one or more timber supply areas within which the holder may harvest Crown timber; and .
254 Section 16 (6) is repealed and the following substituted:
(6) The regional manager or district manager shall
(a) subject to section 63.1 (3), approve the application submitted under this section, meeting the requirements of this section, that contains the highest bonus bid or bonus offer, as the case may be,
(b) if the regional manager or district manager exercises the power to reject an application under section 63.1 (3), approve the application submitted under this section, meeting the requirements of this section, that contains the next highest bonus bid or bonus offer, as the case may be, or
(c) at the direction of the minister, decline to approve any applications.
255 Section 17 is amended
(a) by repealing paragraphs (b) to (d.1) and substituting the following:
(b) subject to section 18.2 (4) (a), shall describe
(i) one or more areas of land within which its holder may harvest Crown timber, or
(ii) the location of logs that are being sold;
(c) may specify
(i) an allowable annual cut that may be harvested under the timber sale licence, or
(ii) an estimate of the volume of timber that may be harvested from an area of land described in the timber sale licence;
(d) if it specifies an allowable annual cut, shall provide for cutting permits to be issued by the district manager, within the limits provided in the timber sale licence and subject to this Act and the Forest Practices Code of British Columbia Act, to authorize its holder to harvest the allowable annual cut from specified areas of land within the area or areas of land described in the timber sale licence;
(d.1) if it does not specify an allowable annual cut, may provide for cutting permits to be issued by the district manager, within the limits provided in the timber sale licence and subject to this Act and the Forest Practices Code of British Columbia Act, to authorize its holder to harvest Crown timber from specified areas of land within the area or areas of land described in the timber sale licence; , and
(b) in paragraph (f) by adding "the Forest Practices Code of British Columbia Act and the regulations and the standards made under that Act," after "this Act and the regulations,".
256 Section 18 is amended by adding the following subsections:
(4.1) Despite subsection (4), if the regional manager or district manager determines that
(a) rights under a timber sale licence referred to in subsection (5) are under suspension, or
(b) the designated applicant has failed to
(i) pay stumpage or other money payable in respect of timber harvested under a timber sale licence referred to in subsection (5) or a road permit associated with the timber sale licence,
(ii) provide security or a deposit required under this Act or the regulations or the Forest Practices Code of British Columbia Act or the regulations made under that Act in respect of the timber sale licence referred to in subsection (5) or a road permit associated with the timber sale licence,
(iii) perform an obligation under the timber sale licence referred to in subsection (5) to be performed by the designated applicant in respect of an area of land specified in
(A) a cutting permit previously issued under the timber sale licence, or
(B) a road permit associated with the timber sale licence, or
(iv) comply with a requirement of the Forest Practices Code of British Columbia Act or the regulations or the standards made under that Act in respect of an area of land referred to in subparagraph (iii), the regional manager or district manager, to the extent provided in the regulations,
(c) may decline to replace a timber sale licence referred to in subsection (5) until
(i) the suspension is rescinded,
(ii) the suspended rights are reinstated, or
(iii) the designated applicant
(A) pays the stumpage or other money payable,
(B) provides the required security or deposit,
(C) performs the obligation to be performed under the timber sale licence in respect of land referred to in paragraph (b) (iii), or
(D) complies with the requirement of the Forest Practices Code of British Columbia Act or the regulations or the standards made under that Act in respect of land referred to in paragraph (b) (iii), and
(d) may replace the timber sale licence with a timber sale licence containing special conditions.
(4.2) A timber sale licence referred to in subsection (5) must not be replaced if the regional manager or district manager makes a determination under subsection (4.1) and the timber sale licence expires before
(a) the suspension is rescinded,
(b) the suspended rights are reinstated, or
(c) the designated applicant
(A) pays the stumpage or other money payable,
(B) provides the required security or deposit,
(C) performs the obligation to be performed under the timber sale licence in respect of land referred to in subsection (4.1) (b) (iii), or
(D) complies with the requirement of the Forest Practices Code of British Columbia Act or the regulations or the standards made under that Act in respect of land referred to in subsection (4.1) (b) (iii).
257 Section 25 is amended
(a) by repealing paragraph (e),
(b) by repealing paragraph (f) and substituting the following:
(f) provide for cutting permits to be issued by the district manager, within the limits provided in the timber licence and subject to this Act and the Forest Practices Code of British Columbia Act, to authorize the holder of the timber licence to harvest Crown timber from specified areas of land within the area of Crown land described in the timber licence; ,
(c) in paragraph (g) by striking out "section 23;" and substituting "section 23; or",
(d) by repealing paragraph (h), and
(e) in paragraph (i) by adding "the Forest Practices Code of British Columbia Act and the regulations and the standards made under that Act," after "this Act and the regulations,".
258 Section 25.1 is amended
(a) in subsection (1) (a) by striking out "and" at the end,
(b) by repealing subsections (1) (b) and (2), and
(c) in subsection (3) by striking out "or the requirement of an operating plan".
259 Section 28 (1) is amended
(a) in paragraph (a) by adding "subject to section 29 (2) (a)," before "be for a term",
(b) by repealing paragraph (d) and substituting the following:
(d) require its holder to submit for the approval of the chief forester, once every 5 years, or more often if the chief forester considers that special circumstances require, a management plan that meets all the following requirements:
(i) it is prepared by a registered professional forester in accordance with the requirements of the tree farm licence;
(ii) it includes inventories, prepared in the manner, presented in the format and meeting the specifications required under the tree farm licence, of the forest, recreation, fisheries, wildlife, range and cultural heritage resources in the tree farm licence area;
(iii) it is consistent with
(A) the tree farm licence,
(B) this Act and the regulations, the Forest Practices Code of British Columbia Act and the regulations and the standards made under that Act, and
(C) any objectives for resource management zones, landscape units, sensitive areas, recreation sites and trails and interpretive forest sites under the Forest Practices Code of British Columbia Act;
(iv) it proposes management objectives regarding
(A) management and utilization of the timber resources in the tree farm licence area, including harvesting methods and utilization specifications suitable to the types of timber and terrain specified in the tree farm licence,
(B) protection and conservation of the non- timber values and resources in the tree farm licence area, including visual quality, biological diversity, soils, water, recreation resources, cultural heritage resources, range land and wildlife and fish habitats,
(C) integration of harvesting activities in the tree farm licence area with use of the area for purposes other than timber production,
(D) forest fire prevention and suppression,
(E) forest health, including pest management,
(F) silviculture, and
(G) road construction, maintenance and deactivation;
(v) it includes proposals for meeting the proposed management objectives under subparagraph (iv), including measures to be taken, and specifications to be followed by the holder of the tree farm licence;
(vi) it specifies measures to be taken by the holder of the tree farm licence to identify and consult with persons using the tree farm licence area for purposes other than timber production;
(vii) it includes a timber supply analysis, prepared in the manner, presented in the format and meeting the specifications required under the tree farm licence, that analyzes the short term and long term availability of timber for harvesting in the tree farm licence area, including the impact of management practices on the availability of timber;
(viii) it includes an operational timber supply projection for the tree farm licence area that, in support of the timber supply analysis, indicates the availability of timber by
(A) identifying
(I) the net operable land base,
(II) harvested areas,
(III) existing and proposed road access within the net operable land base, and
(IV) areas subject to special management constraints, such as use of the tree farm licence areas for purposes other than timber production,
(B) categorizing areas within the net operable land base by
(I) the type and quality of timber, and
(II) the harvesting method suitable to the terrain, and
(C) setting out a hypothetical sequence of harvesting over a period of at least 20 years, consistent with the proposed management objectives under subparagraph (iv), and the proposals under subparagraph (v); and
(ix) it includes any other information on the development, management and use of the tree farm licence area that the chief forester requires. ,
(c) by repealing paragraph (f) and substituting the following:
(f) provide for cutting permits to be issued by the district manager, within the limits provided in the tree farm licence and subject to this Act and the Forest Practices Code of British Columbia Act, to authorize its holder to harvest the portion of the allowable annual cut available to its holder from specified areas of land within the tree farm licence area; ,
(d) by repealing paragraph (g), and
(e) in paragraph (n) by adding "the Forest Practices Code of British Columbia Act and the regulations and the standards made under that Act," after "this Act and the regulations,".
260 Section 29 is amended
(a) by adding the following subsection:
(1.2) Despite subsection (1.1), if the minister determines that
(a) rights under the existing tree farm licence are under suspension, or
(b) the holder of the existing tree farm licence has failed to
(i) pay stumpage or other money payable in respect of timber harvested under the tree farm licence or a road permit associated with the tree farm licence,
(ii) provide security or a deposit required under this Act or the regulations or the Forest Practices Code of British Columbia Act or the regulations made under that Act in respect of the tree farm licence or a road permit associated with the tree farm licence,
(iii) perform an obligation under the tree farm licence to be performed by the holder in respect of an area of land specified in
(A) a cutting permit previously issued under the tree farm licence, or
(B) a road permit associated with the tree farm licence, or
(iv) comply with a requirement of the Forest Practices Code of British Columbia Act or the regulations or the standards made under that Act in respect of an area of land referred to in subparagraph (iii), the minister, to the extent provided in the regulations,
(c) may decline to offer a replacement for the existing tree farm licence until
(i) the suspension is rescinded,
(ii) the suspended rights are reinstated, or
(iii) the holder of the existing tree farm licence
(A) pays the stumpage or other money payable,
(B) provides the required security or deposit,
(C) performs the obligation to be performed under the existing tree farm licence in respect of land referred to in paragraph (b) (iii), or
(D) complies with the requirement of the Forest Practices Code of British Columbia Act or the regulations or the standards made under that Act in respect of land referred to in paragraph (b) (iii), and
(d) may offer a replacement with special conditions. ,
(b) in subsections (2) to (6) by striking out "under subsection (1.1)" wherever it appears and substituting "under this section",
(c) by repealing subsection (2) (a) and substituting the following:
(a) be for a term equal to
(i) 25 years, or
(ii) if the minister exercises the power conferred under subsection (1.2) (c), a period, not exceeding 25 years, to be determined by the minister,
(a.1) have a term commencing
(i) on the fifth anniversary of the existing tree farm licence if its term commences on or after July 1, 1993,
(ii) on the 10th anniversary of the existing tree farm licence if its term commences before July 1, 1993, or
(iii) if the minister exercises the power conferred under subsection (1.2) (c), on a date to be determined by the minister, , and
(d) in subsection (2) (c) by adding "the Forest Practices Code of British Columbia Act and the regulations and the standards made under that Act," after "this Act and the regulations,".
261 Section 35 is amended
(a) in paragraph (e) by striking out "sections 36 (2) (d) and 40," and substituting "sections 36 (2) (d), 40 and 63.1,", and
(b) in paragraph (g) by adding "the Forest Practices Code of British Columbia Act and the regulations and the standards made under that Act," after "this Act and the regulations,".
262 Section 36 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Unless a pulpwood agreement provides that a replacement for the pulpwood agreement shall not be offered, the minister, during the 6 month period following the ninth anniversary of an existing pulpwood agreement, shall offer its holder a replacement for the pulpwood agreement.
(1.1) Despite subsection (1), if the minister determines that
(a) rights under the existing pulpwood agreement or a timber sale licence entered into pursuant to the pulpwood agreement are under suspension; or
(b) the holder of the existing pulpwood agreement has failed to
(i) pay stumpage or other money payable in respect of timber harvested under a timber sale licence entered into pursuant to the pulpwood agreement or a road permit associated with the timber sale licence,
(ii) provide security or a deposit required under this Act or the regulations or the Forest Practices Code of British Columbia Act or the regulations made under that Act in respect of the pulpwood agreement, a timber sale licence entered into pursuant to the pulpwood agreement or a road permit associated with a timber sale licence entered into pursuant to the pulpwood agreement,
(iii) perform an obligation under a timber sale licence entered into pursuant to the pulpwood agreement to be performed by the holder in respect of an area of land specified in
(A) the timber sale licence,
(B) a cutting permit issued under the timber sale licence, or
(C) a road permit associated with the timber sale licence, or
(iv) comply with a requirement of the Forest Practices Code of British Columbia Act or the regulations or the standards made under that Act in respect of an area of land referred to in subparagraph (iii);
the minister, to the extent provided in the regulations,
(c) may decline to offer a replacement for the existing pulpwood agreement until
(i) the suspension is rescinded,
(ii) the suspended rights are reinstated, or
(iii) the holder of the existing pulpwood agreement
(A) pays the stumpage or other money payable,
(B) provides the required security or deposit,
(C) performs the obligation to be performed under the timber sale licence entered into pursuant to the existing pulpwood agreement in respect of land referred to in paragraph (b) (iii), or
(D) complies with the requirement of the Forest Practices Code of British Columbia Act or the regulations or the standards made under that Act in respect of land referred to in paragraph (b) (iii); and
(d) may offer a replacement with special conditions. ,
(b) in subsections (2) to (6) by striking out "under subsection (1)" wherever it appears and substituting "under this section",
(c) in subsection (2) by repealing paragraphs (a) and (b) and substituting the following:
(a) have a term commencing
(i) on the 10th anniversary of the existing pulpwood agreement; or
(ii) if the minister exercises the power conferred under subsection (1.1) (c), on a date to be determined by the minister;
(b) be for a term equal to
(i) the whole original term of the existing pulpwood agreement; or
(ii) if the minister exercises the power conferred under subsection (1.1) (c), a period, not exceeding the original term of the existing pulpwood agreement, to be determined by the minister; ,
(d) in subsection (2) (e) by adding "the Forest Practices Code of British Columbia Act and the regulations and the standards made under that Act," after "this Act and the regulations,", and
(e) in subsection (5) (b) by striking out "on its tenth anniversary" and substituting "on the commencement of the replacement licence".
263 Section 37 (2) is amended by adding "subject to section 63.1 and the Forest Practices Code of British Columbia Act," after "the regional manager shall,".
264 Section 42 is amended
(a) by repealing paragraph (d.1),
(b) by repealing paragraphs (e) and (f) and substituting the following:
(e) provide for cutting permits to be issued by the district manager, within the limits provided in the woodlot licence and subject to this Act and the Forest Practices Code of British Columbia Act, to authorize its holder to harvest timber from specified areas of land within the woodlot licence area;
(f) require its holder to submit for the approval of the district manager, at the times specified by the district manager, a management plan that meets all the following requirements:
(i) it is prepared in accordance with the requirements of the woodlot licence;
(ii) it includes inventories, prepared in the manner, presented in the format and meeting the specifications required under the woodlot licence, of the timber resources within the woodlot licence area;
(iii) it is consistent with
(A) the woodlot licence,
(B) this Act and the regulations, the Forest Practices Code of British Columbia Act and the regulations and the standards made under that Act, and
(C) any applicable objectives for resource management zones, landscape units and sensitive areas under the Forest Practices Code of British Columbia Act;
(iv) it proposes management objectives 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 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;
(vi) it proposes a volume of timber to be harvested from the woodlot licence area during each year or other period agreed to by the district manager; and
(vii) it includes any other inventories and information regarding the development, management and use of the woodlot licence area that the district manager requires; and , and
(c) in paragraph (g) by adding "the Forest Practices Code of British Columbia Act and the regulations and the standards made under that Act," after "this Act and the regulations,".
265 Section 43 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Unless a woodlot licence provides that a replacement for the woodlot licence shall not be offered, the regional manager or district manager, during the 6 month period following the fourth anniversary of an existing woodlot licence, shall offer its holder a replacement for the woodlot licence.
(1.1) Despite subsection (1), if the regional manager or district manager determines that
(a) rights under the existing woodlot licence are under suspension; or
(b) the holder of the existing woodlot licence has failed to
(i) pay stumpage or other money payable in respect of timber harvested under the woodlot licence or a road permit associated with the woodlot licence,
(ii) provide security or a deposit required under this Act or the regulations or the Forest Practices Code of British Columbia Act or the regulations made under that Act in respect of the woodlot licence or a road permit associated with the woodlot licence,
(iii) perform an obligation under the woodlot licence to be performed by the holder in respect of an area of land specified in
(A) a cutting permit previously issued under the woodlot licence, or
(B) a road permit associated with the woodlot licence, or
(iv) comply with a requirement of the Forest Practices Code of British Columbia Act or the regulations or the standards made under that Act in respect of an area of land referred to in subparagraph (iii);
the regional manager or district manager, to the extent provided in the regulations,
(c) may decline to offer a replacement for the existing woodlot licence until
(i) the suspension is rescinded,
(ii) the suspended rights are reinstated, or
(iii) the holder of the existing woodlot licence
(A) pays the stumpage or other money payable,
(B) provides the required security or deposit,
(C) performs the obligation to be performed under the existing woodlot licence in respect of land referred to in paragraph (b) (iii), or
(D) complies with the requirement of the Forest Practices Code of British Columbia Act or the regulations or the standards made under that Act in respect of land referred to in paragraph (b) (iii); and
(d) may offer a replacement with special conditions. ,
(b) in subsections (2) to (6) by striking out "under subsection (1)" wherever it appears and substituting "under this section",
(c) by repealing subsections (2) (a) and (b) and substituting the following:
(a) have a term commencing
(i) on the fifth anniversary of the existing woodlot licence, or
(ii) if the regional manager or district manager exercises the power conferred under subsection (1.1) (c), on a date to be determined by the district manager;
(b) be for a term equal to
(i) the whole original term of the existing woodlot licence, or
(ii) if the regional manager or district manager exercises the power conferred under subsection (1.1) (c), a period, not exceeding the original term of the existing woodlot licence, to be determined by the district manager; ,
(d) in subsection (2) (d) by adding "the Forest Practices Code of British Columbia Act and the regulations and the standards made under that Act," after "this Act and the regulations,", and
(e) in subsection (5) (b) by striking out "on its fifth anniversary" and substituting "on the commencement of the replacement licence".
266 Section 46 (2) (f) is repealed and the following substituted:
(f) shall contain terms and conditions, consistent with this Act and the regulations, the Forest Practices Code of British Columbia Act and the regulations and the standards made under that Act, determined by the district manager or forest officer.
267 Section 46.1 (1) (c) is amended by adding "the Forest Practices Code of British Columbia Act and the regulations and the standards made under that Act," after "this Act and the regulations,".
268 Section 47 (2) is amended by adding ", consistent with this Act and the regulations, the Forest Practices Code of British Columbia Act and the regulations and the standards made under that Act," after "terms and conditions".
269 Section 52 is amended by striking out "incremental silviculture on Crown land" and substituting "silviculture treatments to free growing stands, as defined in the Forest Practices Code of British Columbia Act, located on Crown land" and by striking out "attributable to the incremental silviculture" and substituting "attributable to the silviculture treatments".
270 Section 56 is repealed and the following substituted:
56 (1) The chief forester, in a notice served on the holder of a major licence or a woodlot licence, may reduce the allowable annual cut specified in the agreement, or available to the holder of the agreement, by an amount of up to the volume of timber that the chief forester determines was on an area authorized for harvest under a cutting permit, if the chief forester determines that the holder of the agreement caused or allowed the soil disturbance, as defined in the Forest Practices Code of British Columbia Act, on the area of land authorized for harvest to exceed the limits specified in an operational plan, as defined in the Forest Practices Code of British Columbia Act.
(2) The regional manager, in a notice served on the holder of a major licence or a woodlot licence, may reduce the allowable annual cut specified in the agreement, or available to the holder of the agreement, by an amount determined according to subsection (3), if the regional manager determines that the holder of the agreement failed to utilize timber on an area of land authorized for harvest under a cutting permit, in accordance with the utilization standards required under
(a) the agreement,
(b) an operational plan as defined in the Forest Practices Code of British Columbia Act,
(c) a cutting permit issued under the agreement,
(d) a management plan approved under the agreement, or
(e) the Forest Practices Code of British Columbia Act or the regulations or the standards made under that Act.
(3) The regional manager may reduce an allowable annual cut under subsection (2) by an amount of up to his or her determination of the difference between
(a) the volume of timber that should have been utilized on the area, according to the utilization specifications, and
(b) the volume of timber actually utilized.
(4) The regional manager, in a notice served on the holder of a major licence or a woodlot licence, must reduce the allowable annual cut specified in the agreement, or available to the holder of the agreement, by an amount of up to 5% of the volume of timber that the regional manager determines was on an area authorized for harvest under a cutting permit, if the regional manager determines that the holder of the agreement failed to establish a free growing stand, as defined in the Forest Practices Code of British Columbia Act, in accordance with the requirements of a silviculture prescription, as defined in that Act, on the area of land authorized for harvest.
271 Section 59 is amended
(a) by repealing subsections (1) and (2) and substituting the following:
(1) In addition to any penalty, charge or order under this Act or the regulations or the Forest Practices Code of British Columbia Act or the regulations made under that Act, the regional manager or district manager may suspend, in whole or in part, rights under an agreement if its holder
(a) made a material misrepresentation, omission or misstatement of fact in the application for the agreement or in information provided in the application,
(b) made a material misrepresentation, omission or misstatement of fact in an operational plan, as defined in the Forest Practices Code of British Columbia Act,
(c) failed to perform an obligation to be performed under the agreement, or
(d) failed to comply with the requirements of this Act or the regulations or the Forest Practices Code of British Columbia Act or the regulations or the standards made under that Act.
(1.1) Without limiting subsection (1), a regional manager or district manager may suspend, in whole or in part, rights under a major licence or woodlot licence that is replaceable, if its holder fails to comply with a requirement to establish a free growing stand, as defined in the Forest Practices Code of British Columbia Act, imposed on the holder under that Act in respect of a major licence or woodlot licence that is non-replaceable.
(2) Before rights are suspended under subsection (1) or (1.1), the regional manager or district manager shall serve a notice on the holder of the agreement specifying the reason for the suspension of rights and a date, at least 5 days after the date of service, on which the suspension takes effect. ,
(b) in subsection (3) by striking out "Subject to section 60 a suspension" and substituting "A suspension" and by striking out "the expiry of the time allowed" and substituting "the date specified", and
(c) in subsection (5) by striking out "this section or section 60" and substituting "this section".
272 Section 60 is repealed.
273 Section 61.1 is amended
(a) by repealing paragraph (a) and substituting the following:
(a) makes a material misrepresentation, omission or misstatement of fact in
(i) his or her application for registration under the regulations or in information furnished with the application,
(ii) an application for a timber sale licence or in information furnished with the application, or
(iii) an operational plan, as defined in the Forest Practices Code of British Columbia Act, , and
(b) in paragraph (c) by striking out "or the regulations," and substituting "or the regulations or the Forest Practices Code of British Columbia Act or the regulations or the standards made under that Act,".
274 Section 62 (c) is amended by adding "or the regulations or the Forest Practices Code of British Columbia Act or the regulations or the standards made under that Act" after "this Act".
275 Section 63.1 is repealed and the following substituted:
63.1 (1) To the extent provided in the regulations, the issuance of a cutting permit may be refused or have special conditions attached if an agreement provides for cutting permits and the district manager determines that
(a) rights under the agreement are under suspension, or
(b) the holder of the agreement has failed to
(i) pay stumpage or other money payable in respect of timber harvested under the agreement or a road permit associated with the agreement,
(ii) provide security or a deposit required under this Act or the regulations or the Forest Practices Code of British Columbia Act or the regulations made under that Act in respect of the agreement,
(iii) perform an obligation under the agreement to be performed by the holder in respect of an area of land specified in
(A) a cutting permit previously issued under the agreement, or
(B) a road permit associated with the agreement, or
(iv) comply with a requirement of the Forest Practices Code of British Columbia Act or the regulations or the standards made under that Act in respect of an area of land referred to in subparagraph (iii).
(2) The refusal to issue a cutting permit under subsection (1) may continue until
(a) the suspension is rescinded,
(b) the suspended rights are reinstated, or
(c) the holder of the agreement
(A) pays the stumpage or other money payable,
(B) provides the required security or deposit,
(C) performs the obligation to be performed under the agreement in respect of land referred to in subsection (1) (b) (iii), or
(D) complies with the requirement of the Forest Practices Code of British Columbia Act or the regulations or the standards made under that Act in respect of land referred to in subsection (1) (b) (iii).
(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 an agreement referred to in section 10 if
(a) rights under an agreement referred to in section 10 held by the applicant are under suspension, or
(b) the applicant, in respect of an agreement referred to in section 10 held by the applicant, has failed to pay, provide, perform or comply as referred to in subsection (1) (b).
276 Section 87.1 (3) (a) is amended by repealing paragraph (a) and substituting the following:
(a) to defray the costs of
(i) preparing forest development plans, access management plans and logging plans, as these are defined in the Forest Practices Code of British Columbia Act, for timber sale licences that yield small business forest enterprise revenue, and
(ii) carrying out assessments to formulate these plans,
(a.1) to defray the costs of meeting the requirements of section 70 (2) and (4) in respect of an area of land covered by a silviculture prescription prepared under section 22 (1) (a) of the Forest Practices Code of British Columbia Act, and .
277 Section 88 (2.1) is amended by striking out "or the regulations," and substituting "or the regulations or the Forest Practices Code of British Columbia Act or the regulations or the standards made under that Act,".
278 Sections 91 to 93 are repealed and the following substituted:
91 In this Part "access management plan" means an access management plan under the Forest Practices Code of British Columbia Act;
"forest development plan" means a forest development plan under the Forest Practices Code of British Columbia Act.
91.1 (1) A person who has a right to harvest timber may apply under this section to the district manager for
(a) a road permit to
(i) construct or modify a road on Crown land, or
(ii) maintain an existing road on Crown land, other than a forest service road, or
(b) a road use permit to use
(i) a forest service road, or
(ii) a road for which there is an active road permit.
(2) Subject to section 63.1, the district manager shall grant to an applicant under subsection (1) a road permit to construct or modify a road on Crown land if the district manager is satisfied that the location of the proposed road or the road to be modified is identified on a forest development plan or an access management plan.
(3) Subject to section 63.1, the district manager shall grant to an applicant under subsection (1) a road permit to maintain an existing road on Crown land, other than a forest service road, if
(a) at the time of the application there is no active road permit for the road, and
(b) the district manager is satisfied that use and maintenance of the road by that person will not compromise a forest development plan or access management plan.
(4) Subject to section 63.1, the district manager shall grant to an applicant under subsection (1) a road use permit to use
(a) a forest service road, or
(b) a road for which there is an active road permit, if the district manager is satisfied that use of the road by that person will not adversely affect authorized users of the road, or compromise a forest development plan or access management plan.
(5) The minister may declare a road constructed or modified under a road permit to be a forest service road.
(6) If the road is subject to an active road permit at the time of the declaration, the district manager must grant a road use permit to the holder of the road permit.
91.2 Subject to section 63.1, the district manager, in a road permit granted to an applicant under section 91.1
(1) (a) to construct or modify a road on Crown land, shall grant the applicant the right to harvest Crown timber under the road permit if the district manager is satisfied the Crown timber must be harvested to construct or modify the road.
92 (1) A person other than a person referred to in section 91.1 (1) who wishes to use
(a) a forest service road, or
(b) a road for which there is an active road permit, for an industrial purpose may apply under this section to the district manager for a road use permit.
(2) The district manager may grant to an applicant under subsection (1) a road use permit to use
(a) a forest service road, or
(b) a road for which there is an active road permit, if the district manager is satisfied that use of the road by that person for that industrial purpose will not
(c) cause unnecessary disturbance to the natural environment,
(d) adversely affect authorized users of the road, or
(e) compromise a forest development plan or access management plan.
93 A road permit shall
(a) describe the location of the road to be constructed, modified or maintained under the road permit,
(b) authorize its holder to
(i) use and maintain the road, and
(ii) if applicable, construct or modify the road, in accordance with the requirement of 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,
(c) where the road permit grants the right to harvest Crown timber, require its holder to pay to the Crown royalty or stumpage under Part 7, and
(d) include other terms and conditions determined by the district manager that are consistent with this Act and the regulations and the Forest Practices Code of British Columbia Act and the regulations and the standards made under that Act.
93.1 A road use permit shall
(a) describe the
(i) forest service road, or
(ii) road for which there is an active road permit, that its holder may use, and
(b) include other terms and conditions determined by the district manager that are consistent with this Act and the regulations and the Forest Practices Code of British Columbia Act and the regulations made under that Act.
279 Section 94 is amended
(a) by repealing subsections (1) and (1.1) and substituting the following:
(1) The regional manager or district manager may authorize a person to acquire a right of way on private land under this section if the person has a right to harvest timber and the regional manager or district manager determines that constructing a road on private land will provide access to the timber without unnecessary disturbance to the natural environment or cultural heritage resources.
(1.1) If the regional manager or district manager authorizes a person to acquire a right of way on private land, the regional manager or district manager
(a) shall determine the location of the right of way, and the period during which the person shall have the right of way; and
(b) may impose conditions to be met with respect to the road to be constructed on the right of way.
(1.2) A person authorized to acquire a right of way on private land, after a notice has been published in the Gazette and served on every person having a registered interest in the private land, with or without the consent of a person having an interest in the private land and on paying compensation under this section,
(a) has a right of way on the land described in the notice, for the period specified in the notice;
(b) may, where the registrar is satisfied that compensation has been paid to the person or into court under this section, register a copy of the notice as a charge against the land; and
(c) may construct, use and maintain a road on the right of way according to the notice.
(1.3) The Expropriation Act does not apply to the acquisition of a right of way on private land under this section. , and
(b) in subsections (2) and (7) by striking out "subsection (1)" and substituting "subsection (1.2)".
280 Sections 95 to 101 are repealed.
281 Section 102 (1) is amended
(a) by adding "or the Forest Practices Code of British Columbia Act" after "consistent with this Act",
(b) by striking out "build" wherever it appears and substituting "construct", and
(c) in paragraph (c) by striking out "for the purpose of building roads and trails;" and substituting "for the purpose of constructing roads and trails;".
282 Section 103 is repealed.
283 Parts 9, 10 and 10.1 are repealed.
284 Part 13 is amended
(a) in the heading by striking out "TRESPASS," and
(b) by repealing Division (1).
285 Section 141 (1) is amended by striking out "under this or the former Act, a regulation made under this or the former Act or under an agreement made under this Act or the former Act" and substituting "under this Act, the former Act, the Forest Practices Code of British Columbia Act, a regulation made under any of those Acts, under an agreement made under this Act or the former Act, or under a permit issued under the Forest Practices Code of British Columbia Act or the regulations made under that Act".
286 Section 143 is repealed.
287 Section 144 is amended
(a) in subsection (1) by striking out the words "by filing a certificate and by seizure and sale," and substituting "or by filing a certificate, and the powers of seizure and sale under the Forest Practices Code of British Columbia Act,", and
(b) in subsection (2) by striking out "this Act" and substituting "this Act or the Forest Practices Code of British Columbia Act".
288 Section 150 (1) (a) is amended by striking out ", or to carry out a silviculture audit".
289 Section 151 is repealed and the following substituted:
151 (1) A notice or other document that the government is required or permitted to serve on a person under this Act or the regulations may be served by giving it or a copy of it to the person as follows:
(a) if the person is an individual,
(i) by leaving it with the individual,
(ii) by leaving it at the individual's last or most usual place of residence with someone who is or appears to be at least 16 years of age, or
(iii) by mailing it by registered mail to the individual's last known postal address;
(b) if the person is a corporation
(i) by leaving it with
(A) a director, officer or manager of the corporation,
(B) a receptionist at a place of business of the corporation, or
(C) an attorney of the corporation appointed under section 328 of the Company Act,
(ii) by leaving it at the registered office of the corporation if the corporation is incorporated under the Company Act, or
(iii) by mailing it by registered mail to
(A) the registered office of the corporation,
(B) the attorney of the corporation appointed under section 328 of the Company Act, or
(C) an address for service provided by the corporation;
(c) if the person is a municipal corporation, regional district or other local government body, by leaving it with or sending it by registered mail to the clerk, deputy clerk or some similar official.
(2) A notice or other document that is mailed to a person by registered mail under subsection (1) is conclusively deemed to be served on the person on the eighth day after it is mailed.
290 Section 154, as enacted by the Forest Amendment Act, 1994, is amended
(a) in subsection (1) (a) by striking out "sections 60, 84 (1) and 117 (1)," and substituting "section 84 (1),",
(b) in subsection (1) (b) by striking out "sections 59 (1) and (5), 60, 61 (1) (c), 61.1, 90 (2), 97 (2), 117 and 139 (1) (a)," and substituting "sections 59 (1), (1.1) and (5), 61 (1) (c), 61.1 and 90 (2),", and
(c) in subsection (1) (c) by striking out "sections 49 (1), 52, 55.2 (6) (b), 56, 56.01 (1) (d), 58, 59 (1) and (5), 60, 61 (1) (b), 84 (1), 90 (2), 97 (2), 117 (1), 119 (1), 122 and 139 (1) (a)," and substituting "sections 61 (1) (b), 84 (1) and 90 (2),".
291 Section 155 (1) (b), as enacted by the Forest Amendment Act, 1994, is amended by striking out "sections 53 (2), 55.4, 61 (1) (a) and 90 (1)," and substituting "sections 53 (2), 55.4, 56 (1), 61 (1) (a) and 90 (1),".
292 Section 158 is amended by repealing subsect 49 (1), 52, 55.2 (6) (b), 56 (2) and (4), 56.01 (1) (d), 58, 59 (1), (1.1) and (5), ions (2) (a), (b), (g), (o), (p), (q), (u) and (v), (2.1) and (3).
293 Section 159 is amended
(a) in paragraph (a) by striking out "5.1 (3) or (4), 5.2 (2),", "98, 99, 105 (2) and (4), 106.1, 106.2, 129.3 (1) or (5),", "138 (1), 138.1 (1) or (2),",
(b) in paragraph (d) by striking out "to build, modify or maintain a road" and substituting "to construct, modify or maintain a road",
(c) in paragraph (e) by adding "or" after "section 35;",
(d) in paragraph (f) by striking out "or" at the end, and
(e) by repealing paragraph (g).
294 Sections 161 and 164 (2) are repealed.
295 Section 165 is amended by striking out "section 2 of the Provincial Forest Regulation, B.C. Reg. 562/78;" and substituting "section 2 of the Forest Practices Code of British Columbia Act;".
296 Section 167 (1) (g) is repealed and the following substituted:
(g) an operational plan, as defined in the Forest Practices Code of British Columbia Act; .
297 Section 30 (a), (c), (h) and (i) of the Forest Amendment Act, 1988, S.B.C. 1988, c. 37, is repealed.
298 Section 2 of the Forest Amendment Act (No. 3), 1990, S.B.C. 1990, c. 47, is repealed.
299 Section 8 of the Forest Amendment Act (No. 2), 1993, S.B.C. 1993, c. 44, is repealed.
300 Schedule 2 of the Freedom of Information and Protection of Privacy Act, S.B.C. 1992, c. 61, is amended
(a) by adding "Forest Appeals Commission" under the column headed "Public Body" and by adding "Chair" in the opposite column,
(b) by adding "Forest Practices Advisory Council" under the column headed "Public Body" and by adding "Chair" in the opposite column, and
(c) by adding "Forest Practices Board" under the column headed "Public Body" and adding "Chair" in the opposite column.
301 Section 7 (b) (i) of the Ministry of Forests Act, R.S.B.C. 1979, c. 272, is amended by striking out "free growing crop" and substituting "free growing stand".
302 Section 8 (a) and (b) is amended by striking out "for carrying out basic silviculture" and substituting "for establishing free growing stands".
303 Section 10 (2) (iv) is repealed and the following substituted:
(iv) a statement of the audits made in respect of silviculture treatments carried out under the Forest Practices Code of British Columbia Act; and .
304 Section 1 of the Range Act, R.S.B.C. 1979, c. 355, is amended
(a) in subsection (1) by repealing the definitions of "multiple use plan", "planned grazing system" and "tenure management plan",
(b) in the definition of "livestock" in subsection (1) by striking out "sheep and goats," and substituting "sheep, goats and any prescribed animal,", and
(c) by adding the following subsection:
(1.1) Except in sections 3, 9 to 13, 16, 22, 23, 26 and 26.1, a reference to a permit or a grazing permit includes a temporary grazing permit.
305 Section 2 is amended by adding ", Forest Practices Code of British Columbia Act" after "the Forest Act".
306 Section 3 is amended by adding "temporary grazing permits," after "grazing permits,".
307 Section 4 is repealed.
308 Section 5 is amended
(a) by striking out "shall be consistent with the planned grazing system and any multiple use plan in force at the time the licence is entered into for the Crown range over which the licence is to apply and the licence",
(b) by repealing paragraph (a) (iii), and
(c) in paragraph (b) (ii) by adding "and the Forest Practices Code of British Columbia Act and the regulations and standards made under that Act" after "the regulations".
309 Section 6 is amended
(a) by striking out "shall be consistent with any multiple use plan in force at the time the permit is entered into for the Crown range over which the permit is to apply and the permit", and
(b) in paragraph (b) (ii) by adding "and the Forest Practices Code of British Columbia Act and the regulations and standards made under that Act" after "the regulations".
310 Section 6.1 (2) is amended by striking out "and the district manager may require the application to be accompanied by a tenure management plan acceptable to the district manager".
311 Section 7 is amended
(a) by striking out "shall be consistent with any multiple use plan in force at the time the licence is entered into for the Crown range over which it is to apply and the hay cutting licence",
(b) by repealing paragraph (a) (iii), and
(c) in paragraph (b) (ii) by adding "and the Forest Practices Code of British Columbia Act and the regulations and standards made under that Act" after "the regulations".
312 Section 8 is amended
(a) by striking out "shall be consistent with any multiple use plan in force at the time the permit is entered into for the Crown range over which it is to apply and the hay cutting permit", and
(b) in paragraph (b) (ii) by adding "and the Forest Practices Code of British Columbia Act and the regulations and standards made under that Act" after "the regulations".
313 Sections 8.1 to 8.4 are repealed.
314 Section 23 (5) is amended by striking out "section 47 (1) (c) of this Act" and substituting ", section 47 (1) (c) of this Act, as it was immediately before its repeal, or section 101 of the Forest Practices Code of British Columbia Act".
315 Section 27 is amended
(a) in subsection (1) by striking out "The regional manager" and substituting "Subject to section 30 and in addition to any penalty, charge or order under this Act or the regulations or the Forest Practices Code of British Columbia Act or the regulations made under that Act, the regional manager",
(b) by adding the following paragraph:
(a.1) made a material misrepresentation, omission or misstatement of fact in an operational plan, as defined in the Forest Practices Code of British Columbia Act; ,
(c) in subsection (1) (c) by adding ", the Forest Practices Code of British Columbia Act or the regulations or standards under that Act," after "the regulations", and
(d) in subsection (2) (b) by striking out "14" and substituting "5".
316 Section 30 (a) is amended by striking out ", the regulations" and substituting "or the regulations or the Forest Practices Code of British Columbia Act or the regulations or standards made under that Act".
317 Section 36 is repealed and the following substituted:
36 Despite the expiry, surrender, suspension or cancellation of the holder's licence or permit, he or she is liable
(a) to pay the rent, fees, costs and penalties owing to the Crown in respect of the licence or permit,
(b) to perform all other obligations under the licence or permit, and
(c) to perform all other obligations imposed by or under this Act or the regulations or the Forest Practices Code of British Columbia Act or the regulations or standards made under that Act, incurred before its expiry, surrender, suspension or cancellation.
318 Section 37 (1) (b), as enacted by the Forest Amendment Act, 1994, is amended by striking out "section 27, 28, 30, 31 or 42.1" and substituting "section 27, 28, 30 or 31".
319 Sections 42 to 45 are repealed.
320 Section 46 is repealed and the following substituted:
46 (1) A notice or other document that the government is required or permitted to serve on a person under this Act or the regulations may be served by giving it or a copy of it to the person as follows:
(a) if the person is an individual,
(i) by leaving it with the individual,
(ii) by leaving it at the individual's last or most usual place of residence with someone who is or appears to be at least 16 years of age, or
(iii) by mailing it by registered mail to the individual's last known postal address;
(b) if the person is a corporation
(i) by leaving it with
(A) a director, officer or manager of the corporation,
(B) a receptionist at a place of business of the corporation, or
(C) an attorney of the corporation appointed under section 328 of the Company Act,
(ii) by leaving it at the registered office of the corporation if the corporation is incorporated under the Company Act, or
(iii) by mailing it by registered mail to
(A) the registered office of the corporation,
(B) the attorney of the corporation appointed under section 328 of the Company Act, or
(C) an address for service provided by the corporation;
(c) if the person is a municipal corporation, regional district or other local government body, by leaving it with or sending it by registered mail to the clerk, deputy clerk or some similar official.
(2) A notice or other document that is mailed to a person by registered mail under subsection (1) is conclusively deemed to be served on the person on the eighth day after it is mailed.
321 Section 47 is amended
(a) by repealing subsection (1) and substituting the following:
(1) A person commits an offence who hinders, obstructs or impedes a regional manager, district manager or a forest officer in the discharge or performance of a duty or the exercise of a power or authority under this Act. , and
(b) by adding the following subsections:
(3) No proceeding for an offence under this Act or the regulations may be commenced in any court more than 3 years after the facts on which the proceedings are based first come to the knowledge of the minister.
(4) A document purporting to have been issued by the minister, regional manager or chief forester, certifying the day on which he or she became aware of the facts on which an information is based, is admissible without proof of the signature or official character of the individual appearing to have signed the document and, in the absence of evidence to the contrary, is proof of the matter certified.
322 Section 47.1 is amended
(a) in paragraph (b) by adding "or" after "section 6.2,", and
(b) by repealing paragraph (c).
323 Section 48 (2) is amended
(a) by repealing paragraphs (f) and (g),
(b) by repealing paragraph (j), and
(c) by adding the following paragraph:
(k) the prescribing of animals for the purposes of the definition of "livestock" in section 1.
324 This Act comes into force by regulation of the Lieutenant Governor in Council.
This Bill establishes a legally enforceable framework for managing the forest and range resources of British Columbia. It sets out the planning obligations of licence holders, the Crown and other forest users and provides planning tools such as resource management zones and objectives. It rationalizes requirements that apply to forest practices and makes those requirements statutorily enforceable.
This Bill significantly expands the Province's enforcement powers. It provides increased penalties to deter poor practices, stopwork orders to stop poor practices and remedial orders to repair any damage to the environment that results from poor practices. It also includes an expanded role for field staff of the Ministry of Environment, Lands and Parks and of the Ministry of Energy, Mines and Petroleum Resources in enforcement of forest practices requirements.
A forest practices board and a forest appeals commission are provided for in the Bill. The forest practices board is an independent agency that oversees forest practices. The mandate of the board includes ensuring that independent audits of forest practices are carried out, and that public complaints on forest practice issues are investigated. It has strong powers to investigate complaints and make public reports as well as standing to appeal forest management decisions. The forest appeals commission will hear appeals from decisions made by officials under this Bill.
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