2000 Legislative Session: 4th Session, 36th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE JIM DOYLE
MINISTER OF FORESTS
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Forest Act
1 Section 1 (1) of the Forest Act, R.S.B.C. 1996, c. 157, is amended by repealing paragraph (a) of the definition of "allowable annual cut" and substituting the following:
(a) in respect of a tree farm licence area, woodlot licence area or timber supply area, the rate of timber harvesting determined for the area under section 8, as increased or reduced under this Act, and .
2 Section 8 is amended
(a) by repealing subsection (6) and substituting the following:
(6) The regional manager or district manager must determine an allowable annual cut for each woodlot licence area, according to the licence. , and
(b) in subsection (7) by striking out "a volume of timber to be harvested from each community forest agreement area during each year or other period," and substituting "a rate of timber harvesting for each community forest agreement area,".
3 Section 45 (f) (vi) is repealed and the following substituted:
(vi) it proposes an allowable annual cut for the woodlot licence area, and .
4 The following section is added:
45.1 For a woodlot licence for which an allowable annual cut has not been determined under section 8, a reference in this Act or the regulations to an allowable annual cut authorized for a woodlot licence must be read as a reference to the volume of timber to be harvested from each woodlot licence area during each year or other period of the term of the woodlot licence as determined under section 8.
5 Section 53 (1) is amended in paragraph (e) of the definition of "volume of timber harvested during a calendar year" by striking out "in effect under the agreement" and substituting "authorized in or for the agreement".
6 Section 53 (1.1) (e), as enacted by the Forests Statutes Amendment Act, 1998, S.B.C. 1998, c. 29, is amended by striking out "in effect under the agreement" and substituting "authorized in or for the agreement".
7 Section 61 (1) is repealed and the following substituted:
(1) The minister, with the consent of the licensee, may reduce for a specified period the allowable annual cut authorized in a forest licence or timber sale licence or authorized for a woodlot licence area or tree farm licence area.
8 Section 62 is repealed and the following substituted:
62 At the end of the period of any reduction specified under section 61, the allowable annual cut authorized in or for the licence that was subject to the reduction is restored by this section to the amount that is equal to the allowable annual cut that was in effect for the licence immediately before the reduction, minus any reductions, other than under section 61, that have been made under this Act or the licence during the period of the reduction.
9 Section 64 is amended
(a) in subsection (1) (a) and (b) by striking out "specified in the agreement" and substituting "authorized in or for the agreement",
(b) in subsection (1) (b) by adding "subject to subsection (3.1)," at the beginning of the paragraph, and
(c) by adding the following subsection:
(3.1) The holder of
(a) a timber sale licence that specifies an allowable annual cut that is 10 000 m3 or less, or
(b) a woodlot licence
must ensure that the volume of timber harvested during a 5 year cut control period under the licence is not less than 80% nor more than 120% of the total allowable annual cuts authorized in or for the licence during that 5 year period.
10 Section 65 is amended
(a) in subsection (1) (b) by striking out "section 64 (4) or (5)," and substituting "section 64 (3.1), (4) or (5),",
(b) in subsection (2) (b) by striking out "section 64 (1) (b) or (2) (b)" and substituting "section 64 (1) (b), (2) (b) or (3.1)",
(c) in subsection (3) by striking out "section 64 (1) or (2)." and substituting "section 64 (1), (2) or (3.1).", and
(d) in subsection (6) by striking out "specified by or under an agreement" and substituting "authorized in or for an agreement".
11 Section 66 is amended
(a) by repealing subsection (2) and substituting the following:
(2) If the volume of timber harvested during a 5 year cut control period
(a) under a forest licence replaceable under this Act is less than the minimum volume required by section 64 (1) (b) to be harvested during the 5 year cut control period specified in the forest licence, or
(b) under a timber sale licence replaceable under this Act is less than the minimum volume required by section 64 (1) (b) or (3.1) to be harvested during the 5 year cut control period specified in the timber sale licence,
the regional manager, by a notice served on the holder of the licence, must reduce the allowable annual cut authorized in the licence or a replacement for it. ,
(b) in subsection (6) by striking out "section 64 (1) (b)" and substituting "section 64 (3.1)",
(c) in subsection (6) (a) and (b) by striking out "reduce the volume of timber authorized to be harvested under" and substituting "reduce the allowable annual cut authorized for", and
(d) in subsection (7) by striking out "or the volume of timber authorized to be harvested by the holder of a woodlot licence" and substituting "or authorized for the woodlot licence".
12 Section 70 is amended
(a) in subsections (1), (2) and (4) by striking out "specified in the agreement," and substituting "authorized in or for the agreement,", and
(b) in subsection (4) by striking out "a silviculture prescription," and substituting "a silviculture prescription or site plan,".
13 Section 109 (3) (a) is repealed and the following substituted:
(a) to defray the costs of
(i) preparing operational plans for agreements that yield small business forest enterprise revenue, and
(ii) carrying out assessments to formulate the plans, .
14 Section 112 (2) is amended by striking out "volume authorized to be harvested under the licence" and substituting "allowable annual cut authorized for the woodlot licence".
15 Section 169 is amended in subsections (1) and (2) by striking out "January 1, 2001" and substituting "January 1, 2006".
16 Section 170 is repealed and the following substituted:
170 (1) In this section, "issue" means issue, grant, enter into or approve.
(2) If a permit, licence or plan referred to in subsection (3) relates to all or part of a designated area, the minister, by written order, may
(a) suspend in whole or in part or vary the permit, licence or plan, or
(b) direct a person who, under this Act or the Forest Practices Code of British Columbia Act, has a discretion to issue the permit, licence or plan
(i) to not issue the permit, licence or plan, or
(ii) in whole or in part, to issue the permit, licence or plan with terms and conditions, if any, that the person considers appropriate to take into account the relationship of the permit, licence or plan to the designated area.
(3) The following are the permits, licences or plans to which subsection (2) applies:
(a) a cutting permit;
(b) a road permit;
(c) a timber sale licence;
(d) a free use permit;
(e) a licence to cut;
(f) a special use permit;
(g) an operational plan;
(h) a management plan;
(i) a plan required under an agreement listed in section 12;
(j) a plan relating to an agreement listed in section 12 for the management, development or use of Crown land.
(4) A suspension or variation under subsection (2) (a) expires, and the permit, licence or plan that was suspended or varied is restored to its original form, when the area of Crown land to which the suspension or variation relates ceases to be a designated area or on an earlier expiry date, if any, ordered in writing by the minister.
(5) If a person who, under this Act or the Forest Practices Code of British Columbia Act, has a discretion to issue a permit, licence or plan, in this subsection called the "issuing authority",
(a) receives an application for the permit or licence or receives a plan submitted for approval, whether before, on or after the date of an order of the minister making a direction referred to in subsection (2) (b), and
(b) by reason only of the direction,
(i) does not issue the permit, licence or plan, or
(ii) in whole or in part, issues the permit, licence or plan as permitted under subsection (2) (b) (ii),
then, subject to subsection (6), after the area of Crown land to which the direction pertains ceases to be a designated area, or after an earlier date, if any, ordered in writing by the minister, the issuing authority must issue the permit, licence or plan, or, in the case of one previously issued as authorized under subsection (2) (b) (ii), must amend the permit, licence or plan to give effect as nearly as practicable to the original application or submission.
(6) The requirement in subsection (5) that a permit, licence or plan be issued, or amended to give effect as nearly as practicable to the original application or submission, is subject to the issuing authority
(a) continuing to have the discretion to carry out that requirement, and
(b) receiving confirmation from the applicant or from the person that submitted the plan that the applicant or person wishes to proceed.
(7) In issuing or amending a permit, licence or plan under subsection (5) the person who has the discretion may include terms and conditions that the person with the discretion considers necessary or desirable in the circumstances.
(8) The minister, by written order, may vary a variance, suspension or direction made under subsection (2).
(9) The minister must serve a copy of an order made under subsection (2), (4), (5) or (8) on the holder of
(a) an agreement listed in section 12, and
(b) a special use permit
to which the order relates, but the order is not invalid only because it is not served.
(10) A suspension referred to in this section is not a suspension for the purposes of section 76 or 77.
17 Section 171 (1) is amended by striking out "of a designated area, whether the agreement or special use permit came into existence before, on or after August 21, 1992." and substituting "of a designated area."
18 Section 172 (1) is amended by striking out ", prescription" wherever it appears.
19 Section 173 is amended
(a) by adding the following subsection:
(2.1) An allowable annual cut reduction under subsection (2)
(a) for the designated area to which it relates, may be made effective on or after the date the designated area is specified under section 169 (1), and
(b) may specify that portions of the reduction are attributable to different types of timber and terrain in different parts of Crown land within the designated area. ,
(b) by repealing subsection (3) and substituting the following:
(3) If the chief forester reduces the allowable annual cut of a timber supply area under subsection (2), the minister, by written order, may do either or both of the following:
(a) proportionately reduce, by the method set out in subsection (5), the allowable annual cut authorized in all of the licences that are not exempt licences in the timber supply area;
(b) reduce the allowable annual cut authorized in a licence if all or part of the area from which timber may be harvested under the licence is a designated area.
(3.1) An allowable annual cut reduction under subsection (3) may be made effective on or after the date on which the chief forester's order to which it relates is made or is made effective. ,
(c) by repealing subsection (6) and substituting the following:
(6) The regional manager or district manager, by written order, may reduce the allowable annual cut authorized for a woodlot licence area if all or part of the area is a designated area.
(6.1) An allowable annual cut reduction under subsection (6), for the designated area to which it relates, may be made effective on or after the date the designated area is specified under section 169 (1). ,
(d) by repealing subsection (7) and substituting the following:
(7) If the chief forester, minister, regional manager or district manager makes an order under subsection (2), (3) or (6) that affects a timber supply area, tree farm licence area, forest licence, timber sale licence or woodlot licence area and, after the order is made, a determination or reduction is made under section 8 or 63 that establishes a new allowable annual cut for the timber supply area, tree farm licence area, forest licence, timber sale licence or woodlot licence area, the chief forester, minister, regional manager or district manager, as the case may be, may issue a new order under subsection (2), (3) or (6) that affects the area or licence. ,
(e) in subsection (8) by striking out "the chief forester or the regional manager," and substituting "chief forester, regional manager or district manager,", and
(f) by repealing subsections (10) and (11) and substituting the following:
(10) After an order expires under subsection (9), the allowable annual cut for the timber supply area, tree farm licence area, woodlot licence area, forest licence or timber sale licence that was affected by the order is the allowable annual cut that was in effect immediately before the last order made under this section less any reductions made under this Act or the licence, other than reductions made under this section, during the period that the order was in effect.
20 The following section is added:
173.1 (1) Neither a reduction in allowable annual cut under section 173 (2), nor a restoration of an allowable annual cut under section 173 (10), constitutes a determination of an allowable annual cut for the purposes of the time limits set out in section 8 (1) and (2).
(2) Section 8 does not apply to a reduction of an allowable annual cut under section 173.
(3) If an allowable annual cut of a timber supply area or tree farm licence area is reduced under section 173, the chief forester is not required to make an allowable annual cut determination under section 8 (1) in respect of those areas at the times set out in section 8 (1) or (2) (c) or (d), but must make that determination within 2 years after the designated area to which the reduction applies ceases to be a designated area.
21 Section 174 is repealed and the following substituted:
174 If an order made in accordance with this Part conflicts or is inconsistent with
(a) this Act, the Forest Practices Code of British Columbia Act or a regulation under this Act or that Act,
(b) an agreement listed in section 12, or
(c) a permit, licence or plan listed in section 170 (3),
the order prevails.
Forest Practices Code of British Columbia Act
22 Section 1 (1) of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, is amended
(a) by repealing the definitions of "net area to be reforested" and "soil disturbance" and substituting the following:
"net area to be reforested" means
(a) the portion of the area under a silviculture prescription that does not include
(i) an area occupied by permanent access structures,
(ii) 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 requirements specified in the prescription,
(iii) a contiguous area of more than 4 ha that the district manager determines is composed of non-commercial forest cover, or
(iv) an area indicated in the silviculture prescription as a reserve area where the establishment of a free growing stand is not required, and
(b) if there is no silviculture prescription for a cutblock in a woodlot licence area or community forest agreement area, the portion of the cutblock that does not include
(i) an area occupied by permanent access structures,
(ii) an area of rock, wetland or other area that in its natural state is not capable of supporting a stand of trees that meets the stocking requirements specified in the regulations,
(iii) a contiguous area of more than 4 ha that the district manager determines is composed of non-commercial cover, or
(iv) an area indicated in an operational plan as a reserve area where the establishment of a free growing stand is not required;
"soil disturbance" means
(a) any of the following types of soil disturbance caused by a forest practice on an area covered by a silviculture prescription or stand management prescription:
(i) any area occupied by excavated or bladed trails of a temporary nature;
(ii) any area occupied by corduroyed trails;
(iii) any area occupied by temporary access structures;
(iv) any compacted area;
(v) any area of dispersed disturbance, and
(b) if there is no silviculture prescription or stand management prescription for a cutblock in a woodlot licence area or community forest agreement area, any of the following types of soil disturbance caused by a forest practice on the cutblock:
(i) any area occupied by excavated or bladed trails of a temporary nature;
(ii) any area occupied by corduroyed trails;
(iii) any compacted area;
(iv) any area of dispersed disturbance; ,
(b) by repealing the definition of "operational plan" and substituting the following:
"operational plan" means a forest development plan, range use plan, silviculture prescription, stand management prescription and site plan, and, for the purpose of any of the following provisions, includes a logging plan:
(a) sections 34, 48 (1), 51 (2), 52 (2), 67, 68 (1) (a) and (3) (a), 107 (4) (b) (i), 112 (3) (e), 145 (4), 208, 218, 224 and 248 to 250 of this Act;
(b) sections 76, 78 and 109 of the Forest Act; , and
(c) by adding the following definition:
"temporary access structure" means temporary access structure as defined by regulation; .
23 Section 1 (10) is repealed and the following substituted:
(10) For the purposes of a provision that refers to a higher level plan, an operational plan or a consent being consistent or inconsistent,
(a) an operational plan is consistent with a higher level plans or another operational plans if the operational plan does not materially conflict with the higher level plan or the other operational plan,
(b) a higher level plan is consistent with another higher level plan if the higher level plan does not materially conflict with the other higher level plan, and
(c) a consent is consistent with a higher level plan or an operational plan if the consent does not materially conflict with the higher level plan or the operational plan.
24 Section 3 (6) is repealed and the following substituted:
(6) The establishment, variance or cancellation of a resource management zone or objective takes effect on the date the order is made or on a later date specified in the order.
25 Section 4 (8) is repealed and the following substituted:
(8) The establishment, variance or cancellation of a landscape unit or objective takes effect on the date the order is made or on a later date specified in the order.
26 Section 5 (8) is repealed and the following substituted:
(8) The establishment, variance or cancellation of a sensitive area or objective takes effect on the date the order is made or on a later date specified in the order.
27 Sections 11 and 21 are repealed.
28 Section 35 (1) is amended by striking out "logging plan,".
29 Section 41 (4) is repealed.
30 Section 46 (2) is amended by striking out "a logging plan or".
31 Section 47 (4) (b) is amended by striking out "silviculture prescription or logging plan." and substituting "silviculture prescription."
32 Section 49 (1) is amended by striking out "logging plan,".
33 Section 54 is amended
(a) by adding the following subsections:
(0.1) In this section:
"developing natural resources other than timber" does not include operations associated with, or necessary to carry out, operations under a consent under section 101, under an agreement under the Range Act or under a range use plan;
"timber harvesting" does not include timber harvesting in the course of carrying out activities under a consent under section 101 or under a range use plan if the timber harvesting is authorized by a regulation under section 96 (1) (g).
(3.1) Subject to subsection (3.2), subsection (1) does not apply to a person using a road on Crown land for a minor salvage operation if
(a) the road has not been deactivated,
(b) the road is not modified to allow the use, and
(c) the road is used for a period of less than 60 days.
(3.2) Subsection (1) applies to a person using a road as described in subsection (3.1) if the district manager notifies the person that the district manager believes that the use of the road will
(a) materially affect the use of the road by others, or
(b) adversely impact forest resources.
(3.3) A person using a road as described in subsection (3.1),
(a) must give to any holders of road permits and road use permits for the road at least 48 hours' notice of the date on which the person will commence to use the road,
(b) if the road is not subject to a road permit, road use permit, special use permit, cutting permit or timber sale licence that does not provide for cutting permits, must maintain the road while using it for the minor salvage operation in accordance with the maintenance requirements that under this Act are applicable to a road permit, and
(c) if the road is subject to a road permit, road use permit, special use permit, cutting permit or timber sale licence that does not provide for cutting permits, must
(i) contribute a reasonable amount for the routine maintenance of the road, and
(ii) pay for, or repair, damage to the road caused by the person's use of the road. , and
(b) in subsection (6) by striking out "subsection (1) or (2)" and substituting "this section".
34 Section 58 (2) (b) (iii) is repealed and the following substituted:
(iii) identified on a silviculture prescription approved or given effect by the district manager, .
35 The following sections are added:
60.1 (1) Unless the district manager gives notice under subsection (2), the requirement under section 60 (1) that a person obtain the district manager's approval for a road layout and design before constructing a road referred to in section 60 (1) does not apply to that person if
(a) the road is wholly contained in a cutblock, and is authorized by a timber sale licence that does not provide for cutting permits or by a road permit or cutting permit,
(b) the road is not in an area with a moderate or high likelihood of landslides as determined by a terrain stability field assessment under the regulations, and
(c) in the case of a road in a community watershed,
(i) a soil erosion field assessment carried out in accordance with the regulations does not indicate a high or very high surface soil erosion hazard, or
(ii) soil erosion potential mapping carried out in accordance with the regulations indicates that the road is not in an area with high or very high soil erosion potential.
(2) At any time before a person described in subsection (1) commences construction of a road, the district manager may give to the person a notice requiring the person to submit for approval a road layout and design for the road, if the district manager believes that the location and layout of the road will
(a) materially affect the use of the road by others, or
(b) adversely affect forest resources.
(3) The requirement under section 60 (1) referred to in subsection (1) of this section applies to a person to whom a notice is given under subsection (2) of this section.
60.2 (1) In this section:
"direct tributary" means direct tributary as defined by regulation;
"major culvert" means major culvert as defined by regulation;
"timing windows and measures" means timing windows and measures that, in accordance with the regulations, are provided by a designated environment official to the person referred to in subsection (2).
(2) Unless the district manager gives notice under subsection (6) of this section, the requirement under section 60 (1) that a person obtain the district manager's approval for a road layout and design before modifying a road referred to in section 60 (1) does not apply to that person if
(a) the modification is for a stream culvert that is not a major culvert,
(b) the modification is not carried out in a community watershed, a fish stream or a direct tributary to a fish stream, or
(c) the modification is carried out in a community watershed, a fish stream or a direct tributary to a fish stream, and
(i) the modification is of an emergency nature,
(ii) timing windows and measures are in place, or
(iii) if no timing windows or measures are in place, the person
(A) in accordance with subsection (3), notifies a designated environment official of the proposed work, including the location of the work, the date the work is estimated to start and the potential impact on forest resources, and
(B) complies with subsection (5).
(3) A person notifying a designated environment official of the timing of the work under subsection (2) (c) (iii) must ensure that
(a) the notification is made as soon as practicable, and
(b) the timing is realistic bearing in mind all the circumstances.
(4) On receipt from a person of notification under subsection (2) (c) (iii), the designated environment official may give site specific direction to that person, setting out measures for the work, and the period of time during which the work may be done.
(5) The person notifying the designated environment official under subsection (2) (c) (iii) must comply with the designated environment official's direction referred to in subsection (4), if the direction is given before the estimated start date for the work.
(6) At any time before a person described in subsection (2) commences the modification of a road for a stream culvert that is not a major culvert, the district manager may give to the person a notice requiring the person to submit for approval a road layout and design for the road, if the district manager believes that the location and layout of the road will
(a) materially affect the use of the road by others, or
(b) adversely affect forest resources.
(7) The requirement under section 60 (1) referred to in subsection (2) of this section applies to a person to whom a notice is given under subsection (6) of this section.
36 Section 62 (1) (d) is amended by striking out ", silviculture prescription or logging plan;" and substituting "or silviculture prescription;".
37 Section 68 is repealed and the following substituted:
68 (1) A person must obtain the consent of the district manager before constructing an excavated or bladed trail unless the construction is authorized
(a) by an operational plan,
(b) by a special use permit, or
(c) under the regulations.
(2) The district manager may attach conditions to a consent under subsection (1) that the district manager considers necessary or desirable, and the person to whom the consent is granted must comply with the conditions.
(3) The district manager may grant a consent under this section only if
(a) the consent is consistent with any operational plan or higher level plan in effect for the area covered by the consent, and
(b) the district manager is satisfied that the construction of the excavated or bladed trail will adequately manage and conserve the forest resources of the area to which the consent applies.
(4) Without limiting subsection (1) or (2), an excavated or bladed trail must be constructed in accordance with
(a) the regulations and standards, and
(b) any conditions attached to the consent under subsection (2).
38 Section 70 is amended by adding the following subsections:
(7) In subsection (8), "Provincial protected area" means a Provincial protected area as defined by regulation.
(8) Despite this section, but subject to subsection (9), if all or part of the area under a silviculture prescription has been included in a Provincial protected area, the district manager
(a) may amend the prescription to ensure that it is consistent with the protected area management goals,
(b) if the commencement date of the prescription has not occurred, may cancel the prescription, or
(c) if the commencement date of the prescription has occurred,
(i) may cancel the prescription or part of the prescription that is included in the protected area if either of the following apply:
(A) no harvesting has taken place under the prescription;
(B) harvesting has taken place under the prescription, but continuing to carry out the prescription is contrary to the protected area management goals or considered undesirable by the protected area management authority, or
(ii) may cancel all or part of the prescription that is not included in the protected area if carrying out the prescription is contrary to protected area management goals or considered undesirable by the protected area management authority.
(9) Before acting under subsection (8), the district manager must obtain the consent
(a) of a designated environment official, if the silviculture prescription was prepared under section 22 (1), or
(b) of a designated environment official and the holder of the silviculture prescription, if the prescription was prepared under section 22 (3) to (6).
(10) Part 3 does not apply to an amendment under subsection (8) (a) of this section.
(11) If a silviculture prescription is cancelled under subsection (8) (c), the district manager may impose conditions the district manager considers necessary or desirable, and the person whose prescription is cancelled must comply with the conditions.
(12) On cancellation of a silviculture prescription under subsection (8) (c), the person whose prescription is cancelled is relieved of the requirement to establish a free growing stand on the area under the prescription.
39 Section 71 is amended
(a) in subsections (1) to (3) and (6) by striking out "prescription" and substituting "prescription or site plan" wherever it appears, and
(b) by repealing subsection (5) and substituting the following:
(5) After the district manager has given notice under subsection (3) to the holder of the prescription or site plan,
(a) the prescription or site plan is deemed to be a silviculture prescription prepared under section 22 (1), and
(b) the holder of the prescription or site plan is no longer responsible for obligations under the prescription or site plan assumed by the government.
40 Section 96 (1) (g) is amended
(a) by adding "or" at the end of subparagraph (ii), and
(b) by repealing subparagraphs (iii) and (iv), as enacted by the Forests Statutes Amendment Act, 1997, S.B.C. 1997, c. 48, and substituting the following:
(iii) that are incidental to or required to carry out activities authorized or approved under the Forest Act, the Range Act, this Act or another prescribed enactment.
41 Section 117.2 is repealed and the following substituted:
117.2 All revenue payable from penalties imposed under this Division and debts due under section 118 must be paid into the Environmental Remediation Sub-account of the Forest Stand Management Fund special account established by the Special Accounts Appropriation and Control Act.
42 Section 143 is amended
(a) in subsection (2) by striking out "67, 68, 70 (3)," and substituting "67, 68 (1), (2) or (4), 70 (3),", and
(b) in subsection (3) by striking out "54 (1), (2) or (6), 60 (1), 72 (2)," and substituting "54 (1), (2), (3.3), (5.1) or (6), 60 (1), 60.2 (3) or (5), 72 (2)".
43 Section 200 (2) is amended by striking out "the preparation of a logging plan, a range use plan or an amendment to either of them" and substituting "the preparation of a range use plan or an amendment to the plan".
44 Section 217.1 is amended by adding the following subsection:
(3) The expression "regeneration date", defined in section 70 of this Act in relation to silviculture prescriptions, may be defined differently by a regulation under this section in relation to community forest agreements or in relation to woodlot licences.
45 The heading to Division 8 of Part 11 is repealed and the following substituted:
Logging Plans .
46 Section 246 is repealed.
47 The following sections are added:
246.1 (1) If a logging plan is approved or put into effect by the district manager before the coming into force of this section, the logging plan remains in effect until the first to happen of the following:
(a) the agreement under the Forest Act for which the plan was prepared expires and is not replaced, or is cancelled, surrendered or otherwise terminated;
(b) the district manager notifies the holder of the logging plan that the forest practices required on the area under the plan have been completed to the satisfaction of the district manager.
(2) Sections 40 and 41 of this Act apply to the amendment of a logging plan under section 34.
(3) Despite section 67, a person need not comply with a logging plan other than any provisions of it that
(a) pertain to a resource feature as defined in section 51, or
(b) are specified by regulation or pertain to prescribed subject matter.
(4) A person does not contravene section 45 (1) if, at the material time, the person acts in accordance with a logging plan, including the provisions of the logging plan with which, under subsection (3) of this section, the person need not comply.
(5) Section 46 (1) applies despite the provisions of a logging plan.
(6) An unrehabilitated temporary access structure that is specified as a temporary access structure in a logging plan contributes to the total soil disturbance amount for the net area to be reforested for the purposes of section 47.
(7) A person to whom section 58 (1) applies may construct or modify a road on Crown land if the road meets the requirements of section 58 (2) (b) (i) and (ii) and is identified on a logging plan.
(8) The Lieutenant Governor in Council may make regulations considered necessary or advisable for the purpose of more effectively bringing into operation this section or section 246.2, and to remedy any transitional difficulties encountered in doing so.
(9) If, in the opinion of the Lieutenant Governor in Council, a provision of this Act or of the regulations would impede the effective operation of this section or section 246.2, the Lieutenant Governor in Council by regulation may amend the provision for a specified period ending not later than November 5, 2001.
(10) A regulation made under this section may be made retroactive to a date not earlier than June 15, 1995.
(11) This subsection and subsections (9) and (10), and any regulations made under those subsections, are repealed on November 5, 2001.
246.2 Proceedings, including but not limited to proceedings for administrative remedies under Part 6, must not be commenced or continued against a person for a contravention of section 67 (1) as it relates to a provision of a logging plan, other than a provision referred to in section 246.1 (3) (a) or (b), after 6 months have elapsed since the date on which this section comes into force, unless, at anytime before or during that 6 month period
(a) a notice of determination has been or is given to the person under section 117 or 118, or
(b) a summons or ticket for that contravention has been or is served on the person.
48 Section 247 is repealed.
Range Act
49 The Range Act, R.S.B.C. 1996, c. 396, is amended by adding the following section:
9.2 (1) The district manager may authorize in writing,
(a) employees acting in the course of their duties, and
(b) agents of the government acting in accordance with the terms of the agency
to use or improve Crown range for purposes related to improving the condition of the Crown range for grazing, cutting hay or range conservation or management.
(2) An authorization under subsection (1)
(a) is an agreement under the Range Act for the purposes of
(i) the definition of "forest practice" in the Forest Practices Code of British Columbia Act, and
(ii) sections 98 and 100 of the Forest Practices Code of British Columbia Act, and
(b) must include terms and conditions that the district manager considers appropriate and that are consistent with this Act and the regulations, and the Forest Practices Code of British Columbia Act and the regulations and standards under that Act.
Consequential Amendments
Forests Statutes Amendment Act, 1997
50 Section 144 of the Forests Statutes Amendment Act, 1997, S.B.C. 1997, c. 48, is repealed and the following substituted:
144 Section 143 (2) of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, is amended by striking out "64 (1), (2), (3), (5) or (12), 67, 68 (1), (2) or (4), 70 (3), 76 (1)," and substituting "64 (1), (1.1), (2), (3), (5) or (12), 67, 68 (1), (2) or (4), 70 (3) or (3.1) (a), 76 (1),".
51 Section 145 (c) is repealed and the following substituted:
(c) by striking out "47 (1), 50, 52 (2), 54 (1), (2), (3.3), (5.1) or (6), 60 (1), 60.1 (3), 60.2 (3), (5) or (7), 72 (2), 74," and substituting "47 (1), 48.1 (6), 50, 52 (2), 54 (1), (2), (3.3), (5.1) or (6), 60 (1), 60.2 (3) or (5), 71.1 (7), 72 (2) or (2.1), 74,".
Forests Statutes Amendment Act, 2000
52 Section 1 (1) of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, as amended by the Forests Statutes Amendment Act, 2000, is amended
(a) in paragraph (a) of the definition of "net area to be reforested" by repealing subparagraphs (iii) and (iv) and substituting the following:
(iii) an area of non-commercial forest cover of 4 ha or less that is indicated in the silviculture prescription as an area where the establishment of a free growing stand is not required,
(iv) a contiguous area of more than 4 ha that the district manager determines is composed of non-commercial forest cover, or
(v) an area indicated in the silviculture prescription as a reserve area where the establishment of a free growing stand is not required, and , and
(b) in paragraph (b) of the definition of "net area to be reforested" by repealing subparagraphs (iii) and (iv) and substituting the following:
(iii) an area of non-commercial forest cover of 4 ha or less that is indicated in an operational plan as an area where the establishment of a free growing stand is not required,
(iv) a contiguous area of more than 4 ha that the district manager determines is composed of non-commercial forest cover, or
(v) an area indicated in an operational plan as a reserve area where the establishment of a free growing stand is not required; .
53 Section 143 (3) of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, as amended by the Forests Statutes Amendment Act, 2000, is amended by striking out "section 21, 22 (2)," and substituting "section 22 (2),".
Oil and Gas Commission Act
54 Section 1 of the Oil and Gas Commission Act, S.B.C. 1998, c. 39, is amended in the definition of "specified enactment" by repealing paragraph (c).
Transitional Provisions
55 (1) A timber sale licence entered into under section 21 of the Forest Act after an advertisement made before November 5, 1999, under section 21 (1) provided to the effect that applications for the timber sale licence would be accepted only from persons registered or eligible to be registered as small business forest enterprises in category 2, is conclusively deemed to have been validly entered into, even if the successful applicant for the timber sale licence was not registered in that category at the time of the application, if the successful applicant became or becomes so registered for that timber sale licence.
(2) A forest licence entered into under section 13 of the Forest Act after an advertisement, made before November 5, 1999, under that section provided to the effect that applications for the forest licence would be accepted only from persons registered or eligible to be registered as small business forest enterprises in category 2, is conclusively deemed to have been validly entered into, even if the successful applicant for the forest licence was not registered in that category at the time of the application, if the successful applicant became or becomes so registered for that forest licence.
(3) No compensation, on account of a timber sale licence or forest licence that was advertised as described in this section having been entered into with the successful applicant, is payable to a person who
(a) applied for but did not obtain the timber sale licence or forest licence, and
(b) at the time of the application, was registered as a small business forest enterprise in category 2.
56 For the purposes of sections 64 to 66 of the Forest Act, sections 10 (b) and (c), 11 (a) to (c) and 12 (a) and (b) of this Act apply to a 5 year cut control period for a timber sale licence that specifies an allowable annual cut of 10 000 m3 or less or a woodlot licence if the 5 year cut control period ends after the date that section 10 (c) of this Act comes into force.
57 A regulation, made before December 31, 2000 under section 217.1 (3) of the Forest Practices Code of British Columbia Act, defining "regeneration date" in relation to woodlot licences may be made effective September 1, 1999, in which case the regulation is retroactive to the extent necessary to give it effect on and after that date.
58 (1) Sections 22 (b), 27 to 36, 38, 41, 42 (b), 43, 45 to 48, 51, 53 and 54 come into force by regulation of the Lieutenant Governor in Council.
(2) Sections 22 (a) and (c), 44 and 57 come into force on September 1, 1999 and are retroactive to the extent necessary to give them effect on and after that date.
Explanatory Notes
Forest Act
SECTION 1: [Forest Act, amends section 1 (1)] adds woodlot licence areas to the definition of "allowable annual cut", consequential to the amendments to section 8 (6) of the Forest Act made by section 2 of this Bill.
SECTION 2: [Forest Act, amends section 8]
(a) requires an allowable annual cut to be determined for a woodlot licence area, instead of requiring a volume of timber to be harvested during each year or other period of the term of the licence, and
(b) requires a rate of timber harvesting to be determined for a community forest agreement area, instead of requiring a volume of timber to be harvested during each year or other period of the term of the agreement.
SECTION 3: [Forest Act, repeals and replaces section 45 (f) (vi)] makes changes consequential to the amendment to section 8 (6) of the Forest Act made by section 2 of this Bill.
SECTION 4: [Forest Act, enacts section 45.1] provides a transition for the amendment to section 8 (6) of the Forest Act made by section 2 of this Bill by determining how a reference in the Forest Act to "allowable annual cut" should be interpreted for specified woodlot licences.
SECTION 5: [Forest Act, amends section 53 (1)] amends the definition of "volume of timber harvested during a calendar year", consequential to the amendment to section 8 (6) of the Forest Act made by section 2 of this Bill.
SECTION 6: [Forest Act, amends section 53 (1.1) (e)] amends the definition of "volume of timber harvested during a calendar year", consequential to the amendment to section 8 (6) of the Forest Act made by section 2 of this Bill.
SECTION 7: [Forest Act, repeals and replaces section 61 (1)] makes changes consequential to the amendment to section 8 (6) of the Forest Act made by section 2 of this Bill.
SECTION 8: [Forest Act, re-enacts section 62] makes changes consequential to the amendment to section 8 (6) of the Forest Act made by section 2 of this Bill.
SECTION 9: [Forest Act, amends section 64]
(a) makes changes consequential to the amendment to section 8 (6) of the Forest Act made by section 2 of this Bill, and
(b) and (c) increases the flexibility respecting the amount of timber that must be harvested in a 5 year period for woodlot licences and small timber sale licences.
SECTION 10: [Forest Act, amends section 65]
(a) to (c) makes changes consequential to the amendments to section 64 of the Forest Act made by section 9 of this Bill, and
(d) makes changes consequential to the amendment to section 8 (6) of the Forest Act made by section 2 of this Bill.
SECTION 11: [Forest Act, amends section 66]
(a) and (b) makes changes consequential to the amendments to section 64 of the Forest Act made by section 9 of this Bill, and
(c) and (d) makes changes consequential to the amendment to section 8 (6) of the Forest Act made by section 2 of this Bill.
SECTION 12: [Forest Act, amends section 70]
(a) makes changes consequential to the amendment to section 8 (6) of the Forest Act made by section 2 of this Bill, and
(b) adds a reference to "site plan" consequential to a previous amendment to the Forest Practices Code of British Columbia Act which simplified planning for woodlot licences.
SECTION 13: [Forest Act, repeals and replaces section 109 (3) (a)] eliminates a reference to logging plans, and enables money from the Small Business Forest Enterprise Account to be spent on operational planning for all agreements that yield small business forest enterprise revenue.
SECTION 14: [Forest Act, amends section 112 (2)] makes changes consequential to the amendment to section 8 (6) of the Forest Act made by section 2 of this Bill.
SECTION 15: [Forest Act, amends section 169 (1) and (2)] changes the date of the sunset clause in section 169 and repeals a spent provision.
SECTION 16: [Forest Act, re-enacts section 170]
(a) adds the ability for the minister, in respect of a designated area, to provide direction to persons who have powers to issue permits, licences or plans,
(b) makes changes consequential to the power to direct, and
(c) describes what a person who is subject to a direction must do, with respect to a permit, licence or plan, after the area the direction was in respect of ceases to be a designated area.
SECTION 17: [Forest Act, amends section 171 (1)] eliminates a reference to a spent date.
SECTION 18: [Forest Act, amends section 172 (1)] eliminates a redundant reference to "prescription".
SECTION 19: [Forest Act, amends section 173]
(a) allows allowable annual cut reductions under section 173 of the Forest Act to be made effective on or after the date the area they relate to becomes a designated area, and to be attributed to different types of timber and terrain,
(b) allows the minister's allowable annual cut reduction to be made effective on or after the date on which the chief forester's order that they relate to is made or made effective, and harmonizes language of the section with similar language in Part 14 of the Forest Act,
(c) enables district managers, in addition to regional managers, to make reductions under section 173 (6) of the Forest Act, allows the reduction to be made effective on or after the date the area to which they relate becomes a designated area, and makes changes consequential to the amendment to section 8 (6) of the Forest Act made by section 2 of this Bill,
(d) makes changes consequential to the addition of district managers to section 173 (6) of the Forest Act and to the amendment to section 8 (6) of the Forest Act made by section 2 of this Bill,
(e) makes changes consequential to the addition of district managers to section 173 (8) of the Forest Act, and
(f) makes changes consequential to the amendment to section 8 (6) of the Forest Act made by section 2 of this Bill, and repeals section 173 (11) being re-enacted by this Bill as section 173.l (1) and (2).
SECTION 20: [Forest Act, enacts section 173.1]
SECTION 21: [Forest Act, re-enacts section 174]
Forest Practices Code of British Columbia Act
SECTION 22: [Forest Practices Code of British Columbia Act, amends section 1 (1)]
(a) defines "net area to be reforested" and "soil disturbance" for the purposes of woodlot licences and community forest agreements,
(b) eliminates a reference to logging plan in the definition of "operational plan" except for listed sections of the Forest Practices Code of British Columbia Act and the Forest Act, and
(c) adds a definition of "temporary access structure", consequential to the addition of this term to the definition of "soil disturbance".
SECTION 23: [Forest Practices Code of British Columbia Act, repeals and replaces section 1 (10)] adds a paragraph to resolve doubt as to when a consent is to be considered as consistent with a higher level plan or an operational plan.
SECTION 24: [Forest Practices Code of British Columbia Act, repeals and replaces section 3 (6)] allows the order establishing, varying or cancelling a resource management zone or objective to take effect on the date of the order or on a later date specified in the order.
SECTION 25: [Forest Practices Code of British Columbia Act, repeals and replaces section 4 (8)] allows the order establishing, varying or cancelling a landscape unit or objective to take effect on the date of the order or on a later date specified in the order.
SECTION 26: [Forest Practices Code of British Columbia Act, repeals and replaces section 5 (8)] allows the order establishing, varying or cancelling a sensitive area or objective to take effect on the date of the order or on a later date specified in the order.
SECTION 27: [Forest Practices Code of British Columbia Act, repeals sections 11 and 21] repeals provisions dealing with logging plans.
SECTION 28: [Forest Practices Code of British Columbia Act, amends section 35 (1)] eliminates a reference to logging plan.
SECTION 29: [Forest Practices Code of British Columbia Act, repeals section 41 (4)] eliminates a reference to logging plan.
SECTION 30: [Forest Practices Code of British Columbia Act, amends section 46 (2)] eliminates a reference to logging plan.
SECTION 31: [Forest Practices Code of British Columbia Act, amends section 47 (4) (b)] eliminates a reference to logging plan.
SECTION 32: [Forest Practices Code of British Columbia Act, amends section 49 (1)] eliminates a reference to logging plan.
SECTION 33: [Forest Practices Code of British Columbia Act, amends section 54] in specified circumstances, eliminates the requirement to obtain a permit or licence to use a forest road on Crown land for minor salvage operations and defined range operations.
SECTION 34: [Forest Practices Code of British Columbia Act, repeals and replaces section 58 (2) (b) (iii)] eliminates a reference to logging plan.
SECTION 35: [Forest Practices Code of British Columbia Act, enacts sections 60.1 and 60.2] in specified circumstances, eliminates the requirement to obtain the district manager's approval of a road layout and design before constructing or modifying a road.
SECTION 36: [Forest Practices Code of British Columbia Act, amends section 62 (1) (d)] eliminates a reference to logging plan.
SECTION 37: [Forest Practices Code of British Columbia Act, re-enacts section 68] expands the means by which an excavated or bladed trail can be authorized.
SECTION 38: [Forest Practices Code of British Columbia Act, adds section 70 (7) to (12)] enables the district manager, for a silviculture prescription that is subject in whole or in part to a "Provincial protected area", to amend the prescription or, in whole or in part, to cancel the prescription. The cancellation relieves the holder of the prescription of the obligation to achieve a free growing stand.
SECTION 39: [Forest Practices Code of British Columbia Act, amends section 71] adds a reference to site plans to enable section 71 of the Forest Practices Code of British Columbia Act to apply to all non-replaceable woodlot licences.
SECTION 40: [Forest Practices Code of British Columbia Act, amends section 96 (1) (g)] provides a means to authorize harvesting operations that are incidental to activities approved under an enactment.
SECTION 41: [Forest Practices Code of British Columbia Act, re-enacts section 117.2] provides that debts due under section 118 of the Act are to be paid into the special account.
SECTION 42: [Forest Practices Code of British Columbia Act, amends section 143 (2)]
(a) replaces the reference to section 68 with a reference to section 68 (1), (2) or (4) consequential to the re-enactment of section 68 of the Forest Practices Code of British Columbia Act made by section 37 of this Bill, and
(b) adds references to sections 54 (3.3) and (5.1) consequential to the amendments to section 54 of the Forest Practices Code of British Columbia Act made by section 33 of this Bill and a previous Bill, and adds a reference to section 60.2 (3) and (5) consequential to the addition of section 60.2 to the Forest Practices Code of British Columbia Act made by section 35 of this Bill.
SECTION 43: [Forest Practices Code of British Columbia Act, amends section 200 (2)] eliminates a reference to logging plan.
SECTION 44: [Forest Practices Code of British Columbia Act, adds section 217.1 (3)] allows "regeneration date" to be defined differently in the regulations for woodlot licences and community forest agreements than it is defined in section 70 of the Forest Practices Code of British Columbia Act.
SECTION 45: [Forest Practices Code of British Columbia Act, repeals and replaces the heading to Division 8 of Part 11] deletes the reference to silviculture prescriptions, consequential to the repeal of section 247 of the Forest Practices Code of British Columbia Act made by section 48 of this Bill.
SECTION 46: [Forest Practices Code of British Columbia Act, repeals section 246] repeals the section, consequential to the addition of sections 246.1 and 246.2 to the Forest Practices Code of British Columbia Act made by section 47 of this Bill.
SECTION 47: [Forest Practices Code of British Columbia Act, enacts sections 246.1 and 246.2] provides transitional provisions related to the elimination of logging plans which
SECTION 48: [Forest Practices Code of British Columbia Act, repeals section 247] repeals the section.
Range Act
SECTION 49: [Range Act, enacts section 9.2] enables the district manager to authorize government employees and agents of the government to use or improve Crown range for the purposes of improving the condition of the Crown range.
Forests Statutes Amendment Act, 1997
SECTION 50: [Forests Statutes Amendment Act, 1997, re-enacts section 144] makes changes consequential to the amendments to section 68 of the Forest Practices Code of British Columbia Act made by section 37 of this Bill.
SECTION 51: [Forests Statutes Amendment Act, 1997, repeals and replaces section 145 (c)] makes changes consequential to the amendments to section 54 of, and the addition of sections 60.1 and 60.2 to, the Forest Practices Code of British Columbia Act made by sections 33 and 35 of this Bill.
Forests Statutes Amendment Act, 2000
SECTION 52: [Forest Practices Code of British Columbia Act, amends section 1 (1)] enables areas of non-commercial forest cover of 4 ha or less to be excluded from the "net area to be reforested" if that is indicated in a silviculture prescription.
SECTION 53: [Forest Practices Code of British Columbia Act, amends section 143 (3)] eliminates a reference to section 21, consequential to the elimination of logging plans.
Oil and Gas Commission Act
SECTION 54: [Oil and Gas Commission Act, amends section 1] in the definition of "specified enactment", repeals a provision dealing with logging plans.
SECTION 55: [Transitional — validation of timber sale licence and forest licence awards] validates certain timber sale licences and forest licences advertised before November 5, 1999 and provides that no compensation is payable in respect of the entering into of the timber sale licences and forest licences.
SECTION 56: [Transitional — application to existing 5 year cut control periods] ensures the amendments made by this Bill that institute new 5 year cut control period requirements for woodlot licences and small timber sale licences will apply to any 5 cut control period for these licences that ends after the amendments come into force.
SECTION 57: [Transitional for definition of "regeneration date"] until December 31, 2000, enables a regulation, that may be made retroactively with effect on and after September 1, 1999, defining "regeneration date" in relation to woodlot licences.
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