FOREST AND RANGE PRACTICES AMENDMENT ACT, 2003

BILL
NUMBER

TITLE

CHAPTER
NUMBER

FOREST AND RANGE PRACTICES AMENDMENT ACT, 2003

c. 55

Commencement:

116		This Act comes into force by regulation of the Lieutenant Governor in Council.
Royal Assent – Oct. 23, 2003 B.C. Reg. 7/2004 – sections 1 to 16, 18 to 75, 76 (part), 78, 79, 80 (part), 82 (part), 83 (a) and (d), 84 (part), 87 to 91, 92 (part), 93 to 100, 101 (part), 102, 103 (part), 104, 105, and 107 to 115 (in force Jan. 31, 2004) B.C. Reg. 525/2004 – section 84(part) (in force December 3, 2004)

BILL 69 – 2003
FOREST AND RANGE PRACTICES AMENDMENT ACT, 2003

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 1 (1) of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is amended

(a) by repealing the definition of "agreement under the Forest Act" and substituting the following:

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

(b) by repealing the definition of "forest development unit",

(c) in the definition of "forest practice" by striking out "on Crown forest land or private land subject to a tree farm licence, community forest agreement or a woodlot licence" and substituting "on private land subject to a tree farm licence, community forest agreement or a woodlot licence or on Crown forest land",

(d) by repealing the definition of "objectives set by government" and substituting the following:

"objectives set by government" means

(a) objectives prescribed under section 149 (1), or

(b) objectives established or continued under sections 3 to 5 of the Forest Practices Code of British Columbia Act by a person or persons under those sections; ,

(e) by repealing the definition of "range development" and substituting the following:

"range development", in relation to the management for range purposes of range land or livestock, means

(a) a structure,

(b) an excavation,

(d) an improvement to forage quality or quantity on an area that results from

(i) the application of seed, fertilizer or prescribed fire to the area, or

(ii) the cultivation of the area; , and

(f) by repealing the definition of "range practice" and substituting the following:

"range practice" means

(a) if carried out on Crown range by the holder of an agreement under the Range Act,

(i) grazing of livestock,

(ii) cutting of hay,

(iii) activities related to grazing of livestock or cutting of hay, or

(iv) activities related to constructing, modifying or maintaining a range development, and

(b) if carried out on Crown range by a person other than a holder of an agreement under the Range Act, the activities related to constructing, modifying or maintaining a range development; .

2 Section 5 is amended

(a) by repealing subsection (1) (b) and substituting the following:

(b) specify intended results or strategies, each in relation to

(i) objectives set by government, and

(ii) other objectives that are established under this Act or the regulations and that pertain to all or part of the area subject to the plan, and , and

(b) by repealing subsection (2) (a) and substituting the following:

(a) objectives referred to in subsection (1) (b), and .

3 Section 7 is amended

(a) by repealing subsection (1) and substituting the following:

(1) A proposed forest stewardship plan must be considered to have received the minister's approval under section 16 (1) for the parts, if any, of the forest stewardship plan that pertain to

(a) a cutting permit, road permit or timber sale licence if the permit or licence is in effect on the date of the submission of the forest stewardship plan to the minister, or

(b) an area that conforms to the prescribed requirements.

(1.1) A proposed forest stewardship plan must be considered to have received the minister's approval under section 16 (1) for the parts, if any, of the plan that pertain to a forest development unit that is in effect on the date of the submission of the forest stewardship plan to the minister unless

(a) one or more of the following events occur during the period specified in subsection (2):

(i) an enactment applicable to the forest development unit is made or amended;

(ii) an objective set by government is established, varied or cancelled;

(iii) an area of land is designated by regulation as a community watershed;

(iv) an area of land that is a community watershed is varied or cancelled by regulation;

(v) timber in the vicinity of the forest development unit has suffered catastrophic damage, and

(b) the minister considers that the forest development unit is inconsistent with the events described in paragraph (a) that occur. , and

(b) in subsection (2) by striking out "subsection (1)" and substituting "subsection (1.1)".

4 Section 8 is amended

(a) in subsection (1) by striking out "within 2 years after the occurrence of an event described in section 7 (1) (a) or (b)" and substituting "within 2 years, or a longer period prescribed under this Act or another enactment, after the occurrence of an event described in section 7 (1.1) (a) (i) or (ii)", and

(b) in subsection (2) by repealing paragraphs (a) and (b) and substituting the following:

(a) objective for a wildlife habitat area established under the regulations, or

(b) objectives set by government referred to in paragraph (b) of the definition of that term in section 1 (1), .

5 Section 9 is amended by striking out "to achieve" and substituting "to obtain results consistent with".

6 Section 11 is repealed and the following substituted:

Site plan available to public

11 A holder of a site plan must make it publicly available on request at any reasonable time at the holder's place of business nearest to the area under the site plan.

7 Section 13 is amended

(a) by repealing subsection (1) (b) and substituting the following:

(b) except in prescribed circumstances, specify intended results or strategies, each in relation to

(i) objectives set by government, and

(ii) other objectives that are established under this Act or the regulations and that pertain to all or part of the area subject to the plan, and ,

(b) by repealing subsection (2) and substituting the following:

(2) A woodlot licence plan must be consistent with the objectives referred to in subsection (1) (b). , and

(c) in subsection (3) by striking out "referred to in subsection (2)".

8 Section 14 (2) is amended by striking out "district minister" and substituting "minister".

9 Section 16 is amended

(a) by repealing subsection (1) and substituting the following:

(1) The minister must approve a forest stewardship plan or an amendment to a forest stewardship plan if the minister

(a) determines that the plan or amendment conforms to section 5,

(b) considers that the plan's results and strategies are consistent with

(i) objectives set by government, and

(ii) other objectives that are established under this Act or the regulations and that pertain to all or part of the area subject to the plan, and

(c) considers that the plan is consistent with the timber harvesting rights referred to in section 5 (2) (b) to which the plan pertains.

(1.1) The minister must approve a woodlot licence plan or an amendment to a woodlot licence plan, if the minister

(a) determines that the plan or amendment conforms to section 13, and

(b) considers that the plan's results and strategies are consistent

(i) subject to section 13 (3), with objectives set by government, and

(ii) with other objectives that are established under this Act or the regulations and that pertain to all or part of the area subject to the plan. , and

(b) by adding the following subsection:

(2.1) Before approving a plan or amendment, the minister may require the holder of a proposed plan or amendment to submit information that the minister reasonably requires in order to determine if the proposed plan or amendment conforms to subsection (1) or (1.1), whichever is applicable.

10 Section 18 is repealed and the following substituted:

Review and comment

18 A person responsible for preparing a forest stewardship plan, a woodlot licence plan, or an amendment to either, if required by the regulations and then in accordance with the regulations, must make the plan or amendment publicly available for

(a) review, and

(b) comment

before submitting the plan or amendment to the minister for approval.

11 Section 19 is amended

(a) in subsection (2) by striking out "stewardship plan" and substituting "forest stewardship plan", and

(b) by repealing subsection (5).

12 Section 20 (1) is repealed and the following substituted:

(1) Despite section 16, except in prescribed circumstances, an approval is not required to amend a forest stewardship plan or a woodlot licence plan if its holder determines that

(a) the proposed amendment

(i) conforms to section 5, for an amendment to a forest stewardship plan, or to section 13, for an amendment to a woodlot licence plan, and

(ii) does not materially change the intended results or strategies specified in the plan, or

(b) the proposed amendment conforms to prescribed requirements.

13 Section 21 is repealed and the following substituted:

Compliance with plans

21 (1) The holder of a forest stewardship plan or a woodlot licence plan must ensure that the intended results specified in the plan are achieved and the strategies described in the plan are carried out.

(2) Despite the expiry of a forest stewardship plan or a woodlot licence plan, subsection (1) continues to apply to the holder of the expired plan if, in relation to any result, strategy or other provision of the plan that was in effect immediately before the expiry of the plan, there is no provision in another plan applicable to that holder for the same area to which the expired plan applied, that is identified as being a replacement for the result, strategy or other provision.

(3) For the purpose of the continued application of subsection (1) required by subsection (2), a forest stewardship plan or a woodlot licence plan may be amended as if unexpired.

14 The following sections are added:

Industrial use of a road

22.1 (1) A person must not use a road for

(a) timber harvesting, including the transportation of the timber or associated machinery, materials or personnel, or

(b) access for tree planting requiring more than 12 months to complete, or silvicultural treatments requiring transportation of machinery,

except in one or more of the following circumstances:

(i) is authorized to do so under a timber sale licence that does not provide for a cutting permit or under a woodlot licence, cutting permit or road permit, or

(ii) is exempted under subsection (4);

(d) the road is a forest service road, and the person is authorized to use the road under a road use permit or is exempted under subsection (4);

(e) the road is one for which another person has a timber sale licence that does not provide for a cutting permit or has a woodlot licence, cutting permit, road permit or special use permit.

(2) A person who is developing natural resources other than timber must not use a road for that purpose, including the transportation of the natural resources or associated machinery, materials or personnel, unless

(a) the road is located inside the boundary of a claim, lease, permit or other authorization granted or issued under the Coal Act, the Mineral Tenure Act, the Mines Act or the Mining Right of Way Act, and the road was built under the authority of one of those Acts,

(b) the road is located outside the boundary of a claim, lease, permit or other authorization granted or issued under an Act referred to in paragraph (a), and the person is authorized to use it by a special use permit or is exempted under subsection (4),

(d) the road is a forest service road, and the person is authorized to use the road under a road use permit or is exempted under subsection (4), or

(e) the road is one for which another person has a road permit, special use permit or woodlot licence.

(3) Subsections (1) (a) and (2) (d) do not apply to operations that are associated with, or are necessary to be carried out under, an agreement under the Range Act.

(4) The minister may grant an exemption

(a) referred to in subsection (1) (c) (ii) or (2) (b) if satisfied that the person's use of the road will not unnecessarily impact forest resources, or

(b) referred to in subsection (1) (d) or (2) (d) if satisfied that the person's use of the road will not

(i) unnecessarily impact forest resources,

(ii) materially affect the use of the road by others, or

(iii) materially increase the need for road maintenance.

(5) A person granted an exemption under subsection (4) must comply with any conditions of the exemption.

(6) A person who, under subsection (4), is granted an exemption referred to in subsection (1) (c) (ii) or (2) (b) must maintain the road for the duration of the person's use of the road in accordance with the regulations and any applicable forest stewardship plan or woodlot licence plan.

(7) A person who uses a road under subsection (1) (d) or (e) or (2) (d) or (e) must give at least 5 clear days notice of the date on which the person will begin to use the road

(a) to the holder of the applicable road permit, special use permit or woodlot licence, and

(b) for a forest service road,

(i) to the minister, and

(ii) in prescribed circumstances, to the person required to maintain the forest service road.

Non-industrial use of a road

22.2 (1) Subject to subsections (2) to (4) and to regulations respecting roads made under the Highway (Industrial) Act, a road that is

(a) a forest service road, or

(b) constructed or maintained by the holder of a road permit or a woodlot licence

may be used by any person, other than a person referred to in section 22.1, without charge.

(2) The

(a) district manager, for a forest service road, or

(b) holder of a road permit or a woodlot licence, for a road under the permit or licence,

may take action under subsection (3) if

(i) cause significant damage to the road,

(ii) cause significant sediment delivery, or

(iii) endanger property, public health or public safety, or

(d) 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) In the circumstances described in subsection (1),

(a) the district manager, for a forest service road, may

(i) close the road or restrict its use, or

(ii) remove a vehicle or an animal from the road at the expense of the owner of the vehicle or animal, and

(b) the holder of a road permit or a woodlot licence, for a road under the permit or licence,

(i) with the prior consent of the minister, may close the road or restrict its use, or

(ii) may remove a vehicle or an animal from the road at the expense of the owner of the vehicle or animal.

(4) The minister, in accordance with the regulations, may specify types of expenses that must be paid to

(a) government for a road referred to in subsection (1) (a),

(b) holders referred to in subsection (1) (b), or

by a person, other than a person referred to in section 22.1, who uses a road or class of roads.

No payment for use of road except as provided

22.3 (1) By written notice under subsection (2), a holder of a road permit or of a woodlot licence, or, in prescribed circumstances, of a road use permit, may require payment, within the limits imposed under subsection (2), from a person who uses a road that is under the permit or licence for

(a) a purpose referred to in section 21.1 (1) or (2), or

(b) other prescribed purposes.

(2) A written notice under subsection (1) must specify

(a) that payment is required, and

(b) the amount of the payment, which amount must be limited to one or more of the following:

(i) a reasonable contribution to the expense of maintaining the road;

(ii) the reasonable expense of modifying the road to accommodate the special needs of the person;

(iii) the reasonable expense of repairing any damage to the road caused by the person's use of the road.

(3) If the holder of the road permit, road use permit or woodlot licence who gives a written notice under subsection (1) and the person who receives the notice do not agree on what amount of payment should be required, the holder and the person must submit that question for resolution

(a) by an agreed process of dispute resolution, or

(b) by binding arbitration under the Commercial Arbitration Act.

(4) A person who receives a written notice under subsection (1) is liable to the holder of the permit or licence who gave the notice for payment of the amount that is

(a) specified in the notice, or

(b) determined under subsection (3) in a case to which that subsection applies.

15 Section 26 is repealed and the following substituted:

Control of insects, diseases, animals or abiotic factors

26 (1) If the minister determines that a forested area on private land is being damaged by insects, diseases, animals or abiotic factors, the minister, by written notice given to the owner, may require the owner to submit, for that forested area, a proposal that conforms to subsection (3) to control or dispose of the insects, diseases, animals or abiotic factors.

(2) If the minister determines that on a forested area on Crown land that is subject to

(a) a forest stewardship plan,

(b) a woodlot licence plan, or

there are insects, diseases, animals or abiotic factors that are causing damage to the forest, the minister, by written notice given to the holder of the plan, may require the holder to submit, for that forested area, a proposal that conforms to subsection (3) to control or dispose of the insects, diseases, animals or abiotic factors.

(3) An owner required under subsection (1), or a holder required under subsection (2), to submit a proposal must

(a) submit the proposal to the minister within the period specified by the minister,

(b) in the proposal, specify reasonable measures to be carried out for that forested area by the owner or holder, as the case may be, to control or dispose of the insects, diseases, animals or abiotic factors, and

(4) The minister may approve or reject a proposal received in response to the minister's written notice given under subsection (1) or (2).

(5) If the minister approves a proposal under subsection (3), the owner or holder who made the proposal must carry out the measures specified in the proposal.

(6) By order, given to

(a) an owner of private land referred to in subsection (1), or

(b) a holder of a plan referred to in subsection (2)

who does not submit a proposal as required under subsection (1) or (2) or who does not comply with subsection (5), the minister may require the owner or holder to carry out measures specified in the order by a date specified in the order.

(7) If the minister

(a) approves a proposal submitted under subsection (3), or

(b) makes an order under subsection (6),

and considers it necessary or desirable to facilitate the carrying out of the proposal or order, the minister may exempt the affected owner or holder from complying with one or more provisions of this Act, the regulations, the standards, an agreement under the Forest Act, a forest stewardship plan or a woodlot licence plan.

(8) If the minister makes an order under subsection (6) that is inconsistent with a provision of this Act, the regulations, the standards, an agreement under the Forest Act, a forest stewardship plan or a woodlot licence plan, the minister, in making the order, must exempt the owner or holder from that provision.

(9) If a proposal approved, or an order made, by the minister under this section requires the holder of an agreement under the Forest Act to carry out a measure other than timber harvesting, then to the extent provided in the regulations, the expenses of the measure are to be paid by the government.

16 Section 27 is amended by adding the following subsection:

(5) If an order made by the minister under this section requires the holder of an agreement under the Forest Act or the timber sales manager to carry out a measure other than timber harvesting, then to the extent provided in the regulations, the expenses of the measure are to be paid by the government.

17 The following sections are added to Division 3 of Part 3:

Definition

27.1 In sections 27.2 to 27.4, "pests adverse to forest health" means insects, diseases, animals or abiotic factors that are generally detrimental to the health of trees and are designated under section 27.2 (3).

Preparation of a forest health strategy within a timber supply area

27.2 (1) The timber sales manager together with

(a) all holders of replaceable forest licences, and

(b) all holders of agreements under the Forest Act that are in a category or subcategory of agreements that is prescribed for the purposes of this section,

which licences or agreements grant rights to harvest Crown timber in a timber supply area, must jointly prepare and submit to the minister for the timber supply area a forest health strategy that conforms to the minister's specifications and to the requirements of subsection (4).

(2) The minister must make the specifications referred to in subsection (1) available to those jointly responsible under subsection (1) at least 3 months before the forest health strategy is required to be submitted.

(3) The minister's specifications referred to in subsection (1) must include, but are not limited to, specifications

(a) as to the time and manner of preparation and submission of the forest health strategy and its content, and

(b) for the suppression, containment or management of any pests adverse to forest health that the minister designates as being

(i) a significant threat to Crown timber in the area to which the forest health strategy pertains, and

(ii) a priority to be dealt with under the forest health strategy.

(4) In addition to conforming to the specifications of the minister under this section, a forest health strategy required under subsection (1) must

(a) state the extent to which the pests adverse to forest health are established in the timber supply area to which the forest health strategy pertains,

(b) specify strategies and measures for dealing with the pests adverse to forest health,

(d) conform to prescribed requirements.

(5) If all those jointly responsible under subsection (1) do not agree as to the forest health strategy that is required under that subsection, they must submit the outstanding matters

(a) for resolution by an agreed process of dispute resolution, or

(b) in the absence of an agreed process under paragraph (a), to binding arbitration under the Commercial Arbitration Act.

(6) Before submitting under subsection (1) a forest health strategy to the minister, those jointly responsible under subsection (1) must make the forest health strategy publicly available for

(a) review, and

(b) comment

in accordance with the regulations.

(7) The minister must approve a forest health strategy that has been submitted under this section if the minister is satisfied that

(a) it conforms to the minister's specifications under this section and to the requirements of subsection (4), and

(b) it has been made available for review and comment under subsection (6).

Carrying out forest health measures within a timber supply area

27.3 Those jointly responsible under section 27.2 (1) must jointly ensure that

(a) the strategies and measures referred to in section 27.2 (4) (b) are carried out in accordance with the forest health strategy and any prescribed requirements, and

(b) an annual report is submitted to the minister that

(i) specifies the measures that were carried out, and

(ii) conforms to prescribed requirements.

Costs of forest health strategy

27.4 (1) The government and

(a) all holders of replaceable forest licences, and

(b) all holders of agreements under the Forest Act that are in a category or subcategory of agreements that is prescribed for the purposes of this section,

which licences or agreements grant rights to harvest Crown timber in a timber supply area, are jointly responsible for the reasonable costs incurred jointly by the timber sales manager and the holders referred to in section 27.2 (1)

(d) under section 27.3, in carrying out the measures and submitting the annual report.

(2) Subject to subsection (3), each of those jointly responsible under subsection (1) for the costs referred to in that subsection must contribute to the payment of those costs to the extent, in the manner and at the time or times specified in an agreement among all of those jointly responsible.

(3) If, within a prescribed period, those jointly responsible under subsection (1) for the costs referred to in that subsection have not reached an agreement that addresses the extent, the manner and the time or times for the contributions under subsection (2), then they must pay those costs in accordance with the regulations and each of them must contribute to the payment of those costs

(a) to the prescribed extent,

(b) in the prescribed manner,

(d) in accordance with other prescribed requirements, if any.

Administrative remedies in relation to sections 27.2 and 27.3

27.5 In a determination under section 71 or 74 of whether those jointly responsible under section 27.2 (1) or any of them have contravened section 27.2 (1) or 27.3, the minister must

(a) specify, from among them, the person or persons who contributed to the contravention and the extent to which the person or persons contributed to the contravention, and

(b) ensure that his or her determination under section 71 or 74 reflects the facts specified under paragraph (a) of this section.

18 Section 29 is amended

(a) by repealing subsection (4), and

(b) by adding the following subsections:

(7) A person to whom an obligation to establish a free growing stand was transferred may transfer the obligation to another person if

(a) the agreement to transfer is in writing,

(b) the transfer meets the prescribed requirements, and

(c) the parties to the agreement submit the agreement to the minister and the minister approves it before the agreement becomes effective.

(8) An agreement referred to in subsection (7) has no effect if it does not receive the minister's approval under subsection (7) (c).

(9) Without limiting subsections (5) (b) and (7) (b), the transfer must include the stocking requirements that pertain to the area.

(10) A person to whom an obligation to establish a free growing stand is transferred under this section may amend the stocking requirements that pertain to the area, and sections 16 (1.1) and 20 apply to the amendment as if it were an amendment to a woodlot licence plan.

19 Section 30 is amended

(a) by repealing subsection (1) and substituting the following:

(1) In this section, "licence holder" means a person who

(a) is the holder of a timber licence, non-replaceable forest licence, non-replaceable woodlot licence or non-replaceable timber sale licence,

(b) is not the holder of a replaceable tree farm licence or a replaceable forest licence,

(c) has an obligation under section 29 to establish a free growing stand on an area harvested under the timber licence, non-replaceable forest licence, non-replaceable woodlot licence or non-replaceable timber sale licence, and

(d) meets prescribed requirements, if any. ,

(b) in subsection (3) by striking out "By notice given to a licence holder who has made a request under subsection (2)," and substituting "By notice given to a licence holder within a prescribed period after the holder has made a request under subsection (2),",

(c) by repealing subsection (5) and substituting the following:

(5) A licence holder to whom notice has been given within the prescribed period referred to in subsection (3) ceases to be responsible for the obligation under section 29 to establish a free growing stand on the first date, after completion of timber harvesting, as described in subsection (3) (a), on which the requirements set out or referred to in subsection (3) (b) to (d) have all been fulfilled. , and

(d) by adding the following subsection:

(7) A receipt of a request under subsection (2) does not require

(a) the district manager, or

(b) the timber sales manager

to assume, on behalf of government, the obligation under section 29 to establish a free growing stand.

20 Section 31 is repealed and the following substituted:

Seed

31 A person required to establish a free growing stand must ensure that seed used for that purpose conforms to prescribed requirements.

21 Section 32 is amended by adding the following subsection:

(4) Unless a holder of an agreement under the Range Act is notified by the minister that he or she is considering matters preliminary to granting an authorization under subsection (2), the minister is deemed to have authorized the holder under subsection (2) in respect of a range stewardship plan for an area if the holder

(a) has a range stewardship plan for the area that is in effect, and

(b) is preparing a range stewardship plan that is consistent with the range stewardship plan in effect in respect of including or not including the matters described in section 32 (2).

22 Section 33 (1) (e) is repealed and the following substituted:

(e) be consistent with objectives set by government and other objectives that are established under this Act or the regulations and that pertain to all or part of the area subject to the plan.

23 Section 34 (1) (e) is repealed and the following substituted:

(e) be consistent with objectives set by government and other objectives that are established under this Act or the regulations and that pertain to all or part of the area subject to the plan.

24 Section 35 is amended

(a) by repealing subsection (1) (d) and substituting the following:

(d) be consistent with objectives set by government and other objectives that are established under this Act or the regulations and that pertain to all or part of the area subject to the plan. ,

(b) in subsection (2) by striking out "results, strategies or actions" and substituting "results or strategies", and

(c) in subsection (3) by adding "or strategies" after "results".

25 Section 38 is amended

(a) in subsections (1) and (2) by striking out "section 35 (1)" and substituting "section 35 (2)", and

(b) by repealing subsection (4) and substituting the following:

(4) The holder of a range stewardship plan described in subsection (2) (a) or a range use plan mentioned in subsection (2) (b) who knows or reasonably ought to know that the actions specified in the plan are not sufficient to deal with issues identified by the minister must amend the plan so that it is sufficient to deal with those issues.

26 Section 39 (1) is amended by striking out "agreement holders" after "holders of agreements under the Range Act".

27 Section 46 is amended

(a) in subsection (1) (a) (i) by adding ", authorization" after "plan",

(b) in subsection (1) (b) by striking out "does not know or" and substituting "does not know and",

(c) in subsection (2) (c) by adding "under section 74" after "that the minister requires", and

(d) by repealing subsection (3) (b) and substituting the following:

(b) the minister is satisfied that any remedial measures required under subsection (2) (c)

(i) have been carried out, or

(ii) will be carried out at the appropriate time.

28 Sections 47 and 48 are repealed and the following substituted:

Invasive plants

47 A person carrying out a forest practice or a range practice must carry out measures that are

(a) specified in the applicable operational plan, or

(b) authorized by the minister

to prevent the introduction or spread of prescribed species of invasive plants.

Natural range barriers

48 A person carrying out

(a) a forest practice, or

(b) a range practice

that directly or indirectly removes or renders ineffective a natural range barrier must carry out measures that are

(d) authorized by the minister

to mitigate the removal or the ineffectiveness of the natural range barrier.

29 Section 51 (7) is amended by striking out "The minister may order a person who contravenes subsection (1) or (6) to" and substituting "If the minister determines under section 71 that a person has contravened subsection (1) or (6), the minister may order the person to".

30 Sections 54 (2) and 57 (4) are amended by striking out "The minister may order a person who contravenes subsection (1) to" and substituting "If the minister determines under section 71 that a person has contravened subsection (1), the minister may order the person to".

31 Section 56 is amended

(a) in subsection (1) (a) by striking out everything after "recreation trail," and substituting "except Crown land that is subject to another enactment and is being administered by another minister, branch or agency of government,",

(b) by repealing subsection (2), and

(c) by adding the following subsections:

(3) The minister may establish an objective for an interpretive forest site, recreation site or recreation trail established under subsection (1).

(4) An objective established under subsection (1) must be consistent with objectives set by government that pertain to the area.

32 Section 71 is amended

(a) in subsection (1) by striking out "has contravened the Acts." and substituting "has contravened the provision.",

(b) in subsection (3) by striking out "If" and substituting "Subject to section 72, if", and

(c) in subsection (7) by striking out "or" at the end of paragraph (d) and by adding the following paragraph:

(d.1) the amount of forage destroyed by the contravention, or .

33 Section 72 is amended by striking out "under section 51 (7), 54 (2), 57 (4), 71 or 74" and substituting "under section 71 or 74".

34 Section 74 is amended

(a) in subsection (1) by striking out "has contravened this Act, the Forest Practices Code of British Columbia Act, or a regulation, or standard made under the Acts," and substituting "has contravened a provision of this Act, the Forest Practices Code of British Columbia Act, or a regulation or standard made under either Act,",

(b) in subsection (2) (a) by striking out "sections 51 (7), 54 (2) and 57 (4)," and substituting "section 51 (7), 54 (2) or 57 (4),", and

(c) by adding the following subsection:

(7) If a holder of an agreement under the Forest Act or the Range Act who receives an order under subsection (1)

(a) carries out work specified in the order, and

(b) incurs expenses in excess of the expenses that the holder would have incurred if the order had not been made,

and the order is rescinded on review or appeal, then, to the extent provided in the regulations, the excess expenses of the work are to be paid by the government.

35 Section 75 is repealed and the following substituted:

Limitation period

75 (1) The period during which an administrative penalty may be levied under section 71 (2) or 74 (3) (d) or an order may be made under section 74 (1) is 3 years beginning on the date on which the facts that lead to the determination that the contravention occurred first came to the knowledge of an official.

(2) A document purporting to have been issued by an official referred to in subsection (1), certifying the date the facts that lead to the determination that the contravention occurred first came to the knowledge of the official,

(a) is admissible in an appeal referred to in section 82 of the determination, without proof of the signature or official character of the individual appearing to have signed the document, and

(b) in the absence of evidence to the contrary, is proof of the matter certified.

36 Section 77 is repealed and the following substituted:

Power of intervention: general

77 (1) The minister, by order that meets the prescribed requirements, may require the holder of an agreement under the Forest Act or the Range Act to

(a) remedy,

(b) mitigate, or

in a manner and to the extent that is reasonable in the circumstances, an act or omission of the holder that, if the person does not take the measures or action ordered, the minister has reasonable grounds to believe will result in a contravention of the Acts and will or probably will cause

(d) a catastrophic impact on public health or safety,

(e) any prescribed event or circumstance that will result in a free growing stand required under this Act not being established, or

(f) any prescribed event or circumstance having an adverse impact on the environment.

(2) If the minister believes on reasonable grounds that a person is transporting or is about to transport beetle-infested timber and that the transportation of the timber will or probably will cause or has caused an adverse impact on the environment, the minister, by order that meets the prescribed requirements, may require the person

(a) to stop or refrain from transporting the beetle-infested timber, and

(b) to carry out specified measures to reduce the potential for the adverse impact on the environment.

(3) The Lieutenant Governor in Council may prescribe the circumstances in which and the conditions on which a person who has taken measures under subsection (1) or (2) may recover all or part of an amount reasonably incurred for the direct costs of carrying out the measures.

Power of intervention: first nations

77.1 (1) If an operational plan for an area is approved and the minister subsequently concludes, on the basis of information that was not known to the person who granted the approval, that carrying out a forest practice or range practice under the plan will continue or result in a potential unjustifiable infringement of an aboriginal right or title in respect of the area, the minister

(a) must notify the holder of the plan of the previously unavailable information, and

(b) by order given to the holder of the plan, may vary or suspend to the extent the minister considers necessary one or more of the following:

(i) the operational plan;

(ii) a forest practice or range practice;

(iii) a cutting permit;

(iv) a road permit.

(2) If the holder of an agreement under the Forest Act or the Range Act is exempt under this Act from the requirement to have an operational plan for an area and the minister subsequently concludes, on the basis of information that was not known to the person who granted the exemption, that carrying out a forest practice or range practice under the exemption will continue or result in a potential unjustifiable infringement of an aboriginal right or title in respect of the area, the minister

(a) must notify the holder of the agreement of the previously unavailable information, and

(b) by order given to the holder of the agreement, may vary or suspend to the extent the minister considers necessary one or more of the following:

(i) the exemption, including any conditions associated with the exemption;

(ii) a forest practice or range practice;

(iii) a cutting permit;

(iv) a road permit.

(3) If the minister considers that an order under subsection (1) (b) or (2) (b) is no longer necessary, in whole or in part, the minister must promptly rescind the order except for those aspects, if any, that the minister considers are still necessary.

(4) If an order under this section requires the holder of an agreement under the Forest Act or the Range Act to carry out a measure that results in the holder incurring expenses that are greater than if the order had not been made, then, to the extent provided in the regulations, the additional expenses of the measure are to be paid by the government.

(5) Despite section 2 of this Act, the minister may not delegate his or her discretion under this section.

37 Section 79 is amended

(a) in subsection (1) by adding "and" at the end of paragraph (a) and by repealing paragraph (b),

(b) by repealing subsection (2) and substituting the following:

(2) The correction does not take effect until the date on which the person who is the subject of the determination is notified of it under subsection (4). , and

(c) in subsection (4) by striking out "who made a determination corrected or clarified" and substituting "who corrected a determination".

38 Section 80 (1) is amended by striking out "under section 16, 26 (2), 27 (2), 32 (2) 37, 51 (7), 54 (2), 57 (4), 66, 71, 74 or 77" and substituting "under section 16, 20 (3), 26 (2), 27 (2), 32 (2), 37, 38 (5), 39, 51 (7), 54 (2), 57 (4), 66, 71, 74, 77, 77.1, 97 (3), 107 or 108".

39 Section 82 (1) is amended by adding ", other than a determination made under section 77.1," after "referred to in section 80".

40 Section 83 (3) is amended by striking out "application under subsection (3)." and substituting "application under subsection (2)."

41 Section 87 is amended

(a) in subsection (1) by striking out "52" and substituting "52 (1) or (3)", and

(b) by repealing subsections (2) to (4) and substituting the following:

(2) A person who contravenes section 21 (1), 22 (2), 29 (1) or (3) or 55 (a) 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

(a) contravenes section 3 (1), 8 (1), 12 (1), 15 (2), 22.1 (1), (2), (5) or (6), 26 (3) or (5), 32 (1), 38 (1), (2), (3), (4) or (5), 45 (1) or (2), 47, 48, 50 (1) or (2), 51 (1), (2) or (6), 54 (1), 63 (1) or (2), 97 (2) or 119, or

(b) does not comply with an order under section 26 (6), 27 (2), 51 (7) or (8), 54 (2), 57 (4), 66 (1), 74 (1), 77 (1) or (2) or 77.1 (1) or (2),

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 23 (1), 51 (6), 53 (1) or (2), 55 (b) or (c), 57 (1) or (3), 58 (4) or 70 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.

42 Section 89 (1) is amended by striking out "proceed under" and substituting "proceed under this Act with".

43 Section 90 (1) is amended by striking out "74 (1), 77 or 111 (2)" and substituting "74 (1) or 77".

44 Section 97 is amended

(a) by repealing subsection (2) and substituting the following:

(2) A person must not

(a) without lawful excuse, intentionally interfere with a person acting in an official capacity,

(b) without lawful excuse, intentionally not comply with a lawful requirement of a person acting in an official capacity, or

(c) intentionally make a false statement to, or mislead or attempt to mislead, a person acting in an official capacity. , and

(b) in subsection (3) by striking out "if the minister considers that a person" and substituting "if the minister, after giving a person who is alleged to have contravened subsection (2) an opportunity to be heard, considers that the person".

45 Section 104 is repealed.

46 Section 106 (1) is amended by striking out "section 27." and substituting "section 26 or 27."

47 Section 107 is amended

(a) in subsection (1) by striking out "subsections (3) to (5)," and substituting "subsections (3) to (4),",

(b) by adding the following subsection:

(3.1) The district manager must not give written notice to the holder under subsection (3) to the effect that an obligation in respect of establishing a free growing stand on an area has not been met unless the district manager has determined that

(a) a free growing stand has not been established, or

(b) a free growing stand has been established and the following circumstances apply:

(i) at the time the declaration was made, the stand was under threat from

(A) competing plants, shrubs or other trees established on the area, or

(B) factors adverse to forest health in the area;

(ii) as a result of the threats referred to in subparagraph (i), the stand is unlikely to remain a free growing stand without further treatment. , and

(c) by repealing subsection (5).

48 Section 108 is amended

(a) by repealing subsection (1) and substituting the following:

(1) The minister must grant the relief described in subsection (3) to a person who has an obligation under this Act, the regulations, standards or operational plan, other than

(a) an obligation to establish a free growing stand, or

(b) a prescribed obligation, and

who satisfies the minister that

(c) because of an event causing damage, the obligation on the area cannot be met without significant extra expense than would have been the case if the damage had not occurred, and

(d) the person

(i) did not cause or contribute to the cause of the damage,

(ii) exercised due diligence in relation to the cause of the damage, or

(iii) contributed to the cause of the damage but only as a result of an officially induced error. ,

(b) in subsections (2) to (6) by striking out "district manager" wherever it appears and substituting "minister",

(c) by repealing subsection (4) (b) and substituting the following:

(b) to the stage that is consistent with an agreement between the person and the minister. , and

(d) by repealing subsection (7) and substituting the following:

(7) The Lieutenant Governor in Council may make regulations for the purposes of this section resolving any doubt as to what constitutes an event or as to when an event occurred.

49 Section 111 is repealed and the following substituted:

Orders

111 An order of the minister under this Act must be in writing and given to each person to whom the order pertains.

50 Section 118 is amended

(a) in subsection (1) by adding "and range resources" after "forest resources",

(b) by repealing subsection (2) (a) and substituting the following:

(a) the chief forester or a person authorized by the chief forester may enter into agreements in respect of

(i) the growing and disposing of seed and tree gene resources, and

(ii) intellectual property associated with seed and tree gene resources that is owned by the government,

(a.1) an official designated by the minister may enter into an agreement with a person to develop, maintain or remove a range development, , and

(c) in subsection (2) (c) by adding "or range" after "forest" in both places.

51 Section 121 is repealed and the following substituted:

Definition of "party"

121 In this Part and the regulations related to this Part, "party" means

(a) the government,

(b) the holder of an agreement under the Forest Act,

(d) a person responsible for establishing a free growing stand as a result of an agreement referred to in section 29 (5),

(e) a person responsible for maintaining or deactivating a road, under a regulation under section 155 (1) (d), or

(f) a person referred to in section 122 (2) who may be audited or investigated under that section.

52 Section 122 is amended by renumbering the section as section 122 (1) and by adding the following subsection:

(2) If

(a) while carrying out under subsection (1) (a) an audit or investigation of a party, the board finds that the party complied with the requirements audited or investigated, and

(b) the only reason for that finding is that

(i) the party exercised due diligence to prevent non-compliance,

(ii) the party reasonably believed in the existence of facts that if true would establish that the party complied with the requirement, or

(iii) the party's actions relevant to the requirement were the result of an officially induced error,

the board may audit or investigate whether a person other than that party did not comply with the requirements, in the course of acting for or at the direction of the party.

53 Section 131 is amended

(a) in subsection (1) by striking out "After" and substituting "Subject to subsection (1.1), after", and

(b) by adding the following subsection:

(1.1) If an audit or investigation referred to in subsection (1) includes more than one party, the board may report its overall conclusions without reporting on compliance by each party.

54 Section 149 is repealed and the following substituted:

Objectives set by government

149 (1) The Lieutenant Governor in Council may make regulations prescribing objectives in relation to one or more of the following subjects:

(a) soils;

(b) visual quality;

(d) forage and associated plant communities;

(e) water;

(f) fish;

(g) wildlife;

(h) biodiversity;

(i) recreation resources;

(j) resource features;

(k) cultural heritage resources.

(2) In case of an inconsistency between

(a) an objective set by government prescribed under this section, and

(b) an objective referred to in paragraph (b) of the definition of "objectives set by government" in section 1 (1),

the latter objective prevails to the extent of the inconsistency.

55 The following section is added:

Ungulate winter range, wildlife habitat areas and
general wildlife measures

149.1 (1) The Lieutenant Governor in Council may make regulations

(a) authorizing the Minister of Water, Land and Air Protection to establish one or more of the following:

(i) an area as an ungulate winter range and objectives for the ungulate winter range;

(ii) an area as a wildlife habitat area and objectives for the wildlife habitat area;

(iii) a general wildlife measure;

(iv) categories of wildlife for the purposes of subparagraphs (i) to (iii), and

(b) prescribing the circumstances in which the discretion conferred in the authorization may be exercised.

(2) The Minister of Water, Land and Air Protection may not establish an objective referred to in subsection (1) (a) (i) or (ii) for an area unless the objective is consistent with the objectives set by government that pertain to the area.

56 Section 150 is repealed and the following substituted:

Community watersheds

150 (1) The Lieutenant Governor in Council may make regulations

(a) authorizing

(i) the Minister of Sustainable Resource Management to designate an area of land in a watershed as a community watershed, or

(ii) the Minister of Water, Land and Air Protection to establish water quality objectives in relation to a community watershed, and

(b) prescribing the circumstances in which the discretion conferred in the authorization may be exercised.

(2) The Lieutenant Governor in Council may make regulations respecting community watersheds, including but not limited to prescribing requirements in relation to community watersheds.

Watersheds with significant downstream fisheries values and
significant watershed sensitivity

150.1 (1) The Lieutenant Governor in Council may make regulations authorizing the Minister of Water, Land and Air Protection to

(a) identify an area of land in a watershed that has

(i) significant downstream fisheries values, and

(ii) significant watershed sensitivity, and

(b) specify objectives in relation to the areas of land identified under this section.

(2) The Minister of Water, Land and Air Protection may not specify an objective referred to in subsection (1) (b) for an area unless the objective is consistent with the objectives set by government that pertain to the area.

Lakeshore management zones and objectives

150.2 (1) The Lieutenant Governor in Council may make regulations

(a) authorizing the minister to designate an area of land as a lakeshore management zone,

(b) authorizing the minister to establish objectives in relation to lakeshore management zones,

(d) respecting lakeshore management zones.

(2) The minister may not specify an objective referred to in subsection (1) (b) for an area unless the objective is consistent with the objectives set by government that pertain to the area.

Scenic areas and visual quality objectives

150.3 (1) The Lieutenant Governor in Council may make regulations

(a) authorizing the Minister of Sustainable Resource Management to designate an area of land as a scenic area,

(b) authorizing the minister to establish visual quality objectives in relation to a scenic area,

(d) respecting scenic areas.

(2) The minister may not specify an objective referred to in subsection (1) (b) for an area unless the objective is consistent with the objectives set by government that pertain to the area.

Consistency among objectives

150.4 The Lieutenant Governor in Council may make regulations respecting objectives set by government and other objectives that are established under this Act or the regulations, including but not limited to regulations

(a) respecting procedures and criteria that are to be followed in establishing objectives

(i) referred to in paragraph (b) of the definition of "objectives set by government" in section 1 (1), or

(ii) other objectives that are established under this Act or the regulations, and

(b) resolving inconsistencies among those objectives by varying or limiting the application of

(i) objectives set by government, or

(ii) other objectives that are established under this Act or the regulations.

Streams, wetlands and lakes

150.5 The Lieutenant Governor in Council may make regulations

(a) establishing criteria for classifying streams, wetlands and lakes,

(b) respecting the classification of streams, wetlands and lakes,

(c) establishing riparian reserve zones, riparian management zones and riparian management areas for different classes of streams, wetlands and lakes,

(d) respecting

(i) streams, wetlands and lakes, and

(ii) riparian reserve zones, riparian management zones and riparian management areas, and

(e) authorizing the Minister of Water, Land and Air Protection, in prescribed circumstances, to designate streams as temperature sensitive streams.

57 Section 151 is amended

(a) by repealing subsection (1) (d) and (e), and

(b) by repealing subsection (2) and substituting the following:

(2) The Lieutenant Governor in Council may make regulations respecting surveys, records and reports required or permitted under this Act or the regulations.

58 Section 152 is repealed.

59 Section 154 is repealed and the following substituted:

Forest and range resources

154 (1) The Lieutenant Governor in Council may make regulations respecting forest resources and range resources.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting

(a) resource features, including but not limited to

(i) authorizing the minister to identify resource features other than a resource feature that is a wildlife habitat feature, and

(ii) authorizing the Minister of Water, Land and Air Protection to identify a resource feature that is a wildlife habitat feature, and

(b) forest health, including but not limited to forest health emergency management areas designated under section 27 (1).

60 Section 162 is amended by striking out "a forest stewardship plan, a woodlot licence plan," and substituting "an operational plan,".

61 Section 163 is amended

(a) in subsection (1) by striking out "this Act." and substituting "this Act, the regulations or the standards or the Forest Practices Code of British Columbia Act, the Forest Act, the Range Act or a regulation made under the Forest Practices Code of British Columbia Act, the Forest Act or the Range Act.",

(b) by repealing subsection (2) (a) and substituting the following:

(a) this Act, the regulations or the standards or the Forest Practices Code of British Columbia Act, the Forest Act, the Range Act or a regulation made under the Forest Practices Code of British Columbia Act, the Forest Act or the Range Act; , and

(c) by adding the following subsection:

(3) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting the levying of an administrative penalty or of administrative penalties in equal or unequal proportions against 2 or more persons involved in the contravention that gives rise to the penalty or penalties, including regulations prescribing

(a) circumstances in which the penalties may be levied, and

(b) formulas that may be applied in levying the penalties.

62 Section 164 (2) is amended

(a) in paragraph (a) by striking out "or regulations" and substituting "or the regulations",

(b) in paragraph (a) by adding "range practice or range authorization," after "forest practice,", and

(c) by repealing paragraph (b).

63 Section 169 is amended

(a) by repealing subsection (2), and

(b) by repealing subsection (4) and substituting the following:

(4) A standard is not effective

(a) until 4 months after the notice of the standard and the method for meeting the standard has been published in the Gazette,

(b) to the extent that it conflicts with this Act, the regulations, an agreement under the Forest Act or the Range Act, or a management plan under a tree farm licence, a forest stewardship plan, a range stewardship plan or a range use plan that has been approved before the standard comes into effect, unless the holder of the agreement or plan waives the requirement under this paragraph, and

(c) in respect of a proposed management plan under a tree farm licence, a forest stewardship plan, a range stewardship plan or a range use plan, unless

(i) the standard comes into effect under paragraph (a) at least 4 months before the plan is submitted for approval, or

(ii) the holder of the licence or plan waives the requirement under subparagraph (i).

64 Section 171 (1) is repealed and the following substituted:

(1) Before a pilot project is approved under this Part, the person who proposes the pilot project must

(a) make the proposed pilot project publicly available for

(i) review, and

(ii) comment,

in accordance with the regulations, and

(b) submit to the minister a summary of the comments received and any actions taken or proposed to address issues raised in the comments.

65 Section 176 is repealed.

66 The following Part is added:

Part 11 -- Transitional

Division 1 -- General

Definitions and interpretation

177 (1) In this Part, except section 216:

"Code" means the Forest Practices Code of British Columbia Act as it was immediately before the effective date;

"Code regulations" means

(a) the regulations under the Code, and

(b) the standards under the Code

as they were immediately before the effective date;

"effective date" means the date this section comes into force;

"site level plan" means

(a) a silviculture prescription under section 22.1 of the Code,

(b) a pre-harvest silviculture prescription or silviculture prescription that was prepared or approved by the district manager under the Forest Act and that was in effect on June 15, 1995,

(i) section 21.1 of the Code, or

(ii) a regulation made under section 217.1 of the Code, including site plan information specified in a forest development plan whether or not that plan has expired,

(d) a road layout and design prepared under section 60 of the Code, and

(e) a plan prepared under section 189 (3) or 201 (1) of this Act.

(2) In this Part, a reference in the Code or the Code regulations to

(a) a district manager preparing a forest development plan or a site plan is deemed to be a reference to a timber sales manager preparing the forest development plan or the site plan, and

(b) a district manager approving or giving effect to a plan, granting an exemption, providing an authorization or attaching a condition is deemed to be a reference to the minister approving or giving effect to the plan, granting the exemption, providing the authorization or attaching the condition, as the case may be.

(3) In this Part,

(a) a reference to the Operational and Site Planning Regulation is a reference to the Operational and Site Planning Regulation as it was immediately before the effective date, and

(b) a reference to the Forest Road Regulation is a reference to the Forest Road Regulation as it was immediately before the effective date.

Implementation regulations

178 (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 be made retroactive to a date not earlier than the effective date.

(3) This section is repealed on January 1, 2006, and on its repeal any regulations made under it are also repealed.

Immediate application

179 (1) Unless otherwise provided in this Part, this Act, the regulations and the standards apply to

(a) the government, and

(b) a holder of an agreement under the Forest Act or the Range Act or of a special use permit, whether or not the agreement or permit was entered into or issued before on or after the effective date.

(2) Subsection (1) applies despite any wording in the agreement or permit to the contrary.

(3) If an administrative review has commenced before the effective date, sections 129 and 130 of the Code continue to apply to that review, despite the repeal of those sections.

Division 2 -- Grandparenting Designations, Objectives and Measures

Grandparenting specified designations

180 Every area established or continued under the Code as

(a) an ungulate winter range,

(b) a wildlife habitat area,

(d) an emergency bark beetle management area,

(e) a community watershed,

(f) an area with significant downstream fisheries values,

(g) an area with significant watershed sensitivity,

(h) a lakeshore management zone,

(i) an interpretive forest site,

(j) a recreation site,

(k) a recreation trail, or

(l) a forest ecosystem network

that was in effect immediately before the effective date is continued under this Act.

Grandparenting objectives

181 All objectives in respect of areas continued under section 180 that were in effect immediately before the effective date are continued as objectives under this Act.

General wildlife measures

182 All general wildlife measures that were

(a) established under the Code and the Code regulations, and

(b) in effect immediately before the effective date

are continued as general wildlife measures under this Act.

Division 3 -- Grandparenting Permits

Cutting permits

183 Every cutting permit, issued under an agreement under the Forest Act, that is in effect immediately before the effective date

(a) is deemed to be a cutting permit under this Act and the regulations, and

(b) subject to the Forest Act, remains in effect for the term specified in the permit.

Road permits

184 Every road permit, issued under the Forest Act, that is in effect immediately before the effective date is deemed to be a road permit under this Act and the regulations.

Road use permits

185 (1) Subject to subsection (2), every road use permit, issued under an agreement under the Forest Act, that is in effect immediately before the effective date is deemed to be a road use permit under this Act and the regulations.

(2) On and after the effective date, every road use permit referred to in section 54 (2) (e) of the Code is no longer valid.

Division 4 -- Transition for Forest Operational Plans and Practices

Application

186 This Division does not apply to or in respect of the holder of a woodlot licence.

Grandparenting forest development plans

187 (1) A forest development plan that was approved or given effect under the Code and that was in effect immediately before the effective date remains in effect until whichever happens first,

(a) the agreement for which the plan was prepared expires and is not replaced or is cancelled, surrendered or otherwise terminated,

(b) the plan is replaced with a forest stewardship plan prepared in accordance with this Act,

(d) if the plan is for a community forest agreement, the end of the term specified in the approval of the plan.

(2) The holder of a forest development plan must prepare any amendments to the plan or replacement of the plan required under the Code.

Preparing a forest development plan during the transition period

188 (1) Despite section 3, on or before December 31, 2004, a timber sales manager or a holder of an agreement under the Forest Act may prepare and submit for the district manager's approval a forest development plan under this section.

(2) The Code and the Code regulations apply to forest development plans prepared under subsection (1).

(3) For the purposes of sections 21 and 22 of the Operational and Site Planning Regulation,

(a) a forest development plan referred to in subsection (1) is deemed to be a "subsequently proposed forest development plan", and

(b) the cutblocks and roads referred to in those sections continue to have the same protection afforded to them in respect of the circumstances in which the district manager may or may not refuse to approve a subsequently proposed forest development plan.

(4) A forest development plan referred to in subsection (1) remains in effect until whichever happens first,

(a) the agreement for which the plan was prepared expires and is not replaced or is cancelled, surrendered or otherwise terminated,

(b) the plan is replaced with a forest stewardship plan prepared in accordance with this Act,

(d) if the plan is for a community forest agreement, the end of the term specified in the approval of the plan.

(5) The holder of a forest development plan referred to in subsection (1) must prepare any amendments to the plan or replacement of the plan required under the Code.

Site level planning for cutblocks before the approval of a forest stewardship plan

189 (1) A site level plan for a cutblock that was in effect immediately before the effective date remains in effect.

(2) The Code and the Code regulations apply to a site level plan referred to in subsection (1).

(3) The

(a) timber sales manager, or

(b) holder of an agreement under the Forest Act

who has a forest development plan referred to in section 187 or 188, and who has not prepared a site plan under the Code before the effective date, must prepare the site plan in accordance with the Code and the Code regulations.

(4) Subsection (3) does not require a site plan if one is not required under the Code.

Site plans for roads before the approval of a forest stewardship plan

190 (1) A road layout and design that was in effect immediately before the effective date remains in effect.

(2) The Code and the Code regulations apply to a road layout and design referred to in subsection (1).

(3) The

(a) timber sales manager, or

(b) the holder of an agreement under the Forest Act

who has a forest development plan referred to in section 187 or 188, and who has not prepared a road layout and design under the Code and the Code regulations before the effective date, must prepare a road layout and design in accordance with the Code and the Code regulations and, if required, obtain approval of the road layout and design.

(4) Subsection (3) does not require a road layout and design if one is not required under the Code or the Code regulations.

Operations in cutblocks begun under the Code

191 (1) If the holder of an agreement under the Forest Act, before the effective date, has begun harvesting on an area in a cutblock, the holder must comply with the requirements of the Code and the Code regulations that pertain to the holder for the area.

(2) If a timber sales manager, before the effective date,

(a) has authorized harvesting in a cutblock, and

(b) harvesting has begun on the area

the timber sales manager must comply with the requirements of the Code and the Code regulations that pertain to the government for the area.

(3) The government must comply with the requirements of the Code and the Code regulations that pertain to areas for which the government

(a) is required to establish a free growing stand under section 70 (3) of the Code, and

(b) has assumed the responsibility for carrying out a prescription or site plan under section 71 (3) of the Code.

Operations in cutblocks begun after the effective date
and before the approval of a forest stewardship plan

192 (1) If the holder of an agreement under the Forest Act, on or after the effective date, begins harvesting on an area that

(a) is in a cutblock, and

(b) is subject to a forest development plan referred to in section 187 or 188,

the holder must comply with the requirements of the Code and the Code regulations that pertain to the holder for the area.

(2) If the timber sales manager, on or after the effective date, authorizes harvesting on an area that

(a) is in a cutblock, and

(b) is subject to a forest development plan referred to in section 187 or 188,

the timber sales manager must comply with the requirements of the Code and the Code regulations that pertain to the government for the area.

Road operations begun under the Code

193 (1) If the holder of an agreement under the Forest Act, before the effective date, begins construction, maintenance or deactivation of a road, the holder must comply with the requirements of the Code and the Code regulations that pertain to the holder for the road.

(2) If the timber sales manager, before the effective date,

(a) has authorized construction, maintenance or deactivation of a road, and

(b) the construction, maintenance or deactivation, as the case may be, has begun,

the timber sales manager must comply with the requirements of the Code and the Code regulations that pertain to the government for the road.

Road operations begun on or after the effective date
and before the approval of a forest stewardship plan

194 (1) If, on or after the effective date, the holder of an agreement under the Forest Act begins road construction, maintenance or deactivation on an area that is subject to a forest development plan or site plan, the holder must comply with the requirements of the Code and the Code regulations that pertain to the holder for the road construction, maintenance or deactivation.

(2) If, on or after the effective date, the timber sales manager authorizes road construction, maintenance or deactivation on an area that is subject to a forest development plan or site plan, the timber sales manager must comply with the requirements of the Code and the Code regulations that pertain to the timber sales manager for the road construction, maintenance or deactivation.

Applying for cutting permits and road permits
before a forest stewardship plan is approved

195 (1) Despite section 3, if a person is

(a) the holder of

(i) a major licence,

(ii) a timber sale licence that requires the holder of the licence to prepare a forest stewardship plan, or

(iii) a community forest agreement, and

(b) the holder of a forest development plan that is in effect,

the person may obtain a cutting permit or road permit in accordance with the Forest Act, the Code and the Code regulations.

(2) Despite section 3, a timber sales manager who is the holder of a forest development plan that is in effect, in accordance with the Forest Act, the Code and the Code regulations, may

(a) invite applications for, or enter into, a timber sale licence to which subsection (1) does not apply, and

(b) issue a road permit.

Protection of cutblocks and roads from a forest development plan
into a forest stewardship plan

196 (1) Except in prescribed circumstances, a proposed forest stewardship plan must be considered to have received the minister's approval under section 16 (1) for the parts, if any, of the forest stewardship plan that pertain to an area in a forest development unit that is

(a) a cutblock, if the cutblock has been included in a forest development plan, with the assessments required in sections 16, 17 and 37 of the Operational and Site Planning Regulation shown as completed, and

(b) a road, if the road has been included in a forest development plan, with the assessments required in section 5 of the Forest Road Regulation shown as completed.

(2) A proposed forest stewardship plan must be considered to have received the minister's approval under section 16 (1) for the parts, if any, of the plan that pertain to a cutblock or road that has been included as part of a forest development plan that is in effect on the date of the submission of the forest stewardship plan to the minister, unless

(a) one or more of the following events have occurred during the period specified in subsection (3):

(i) an enactment applicable to the forest development unit has been made or amended;

(ii) an objective set by government has been established or varied;

(iii) an area of land has been designated by regulation as a community watershed;

(iv) an area of land that was a community watershed has been varied by regulation and the watershed as varied is applicable to the forest development unit;

(v) timber in the vicinity of the forest development unit has suffered catastrophic damage, and

(b) the minister considers that the forest development unit is inconsistent with the events described in paragraph (a) that have occurred.

(3) The specified period under subsection (2) (a) begins 4 months before the date the existing forest development plan was submitted for approval and ends 4 months before the date the proposed forest stewardship plan was submitted for approval.

Effect of approval of a forest stewardship plan

197 (1) A forest stewardship plan approved under section 16 replaces any forest development plan that, on the date the forest stewardship plan was approved, was in effect for the part of the area under the forest development plan that is in the area under the forest stewardship plan.

(2) Any site level information in a forest development plan at the time of its replacement under subsection (1) by a forest stewardship plan continues to be applicable for cutblocks in the forest stewardship plan area that have been harvested or are subject to a cutting permit.

(3) The replacement under subsection (1) of a forest development plan by a forest stewardship plan does not affect a site plan prepared before the replacement.

(4) The approval of a forest stewardship plan does not affect the requirements that must be met for any area in which timber harvesting or road construction has begun before the approval of the plan.

(5) If, before the replacement under subsection (1) of a part of a forest development plan,

(a) the holder

(i) begins harvesting of a cutblock, and

(ii) is required to establish a free growing stand on an area harvested, and

(b) the stocking standards specified in the plan apply to the net area to be reforested,

the stocking standards in the plan remain in effect until the free growing stand is established.

(6) Subject to subsection (7), a person who begins timber harvesting or road construction on an area after the approval of a forest stewardship plan must comply with the requirements of this Act, the regulations, the standards and the forest stewardship plan that pertain to the person for the area.

(7) Unless otherwise specified in a forest stewardship plan, the Code and the Code regulations continue to apply to an area that is

(a) in a cutblock and subject to a cutting permit in effect on the date the forest stewardship plan was approved, or

(b) in a road right of way and subject to a road permit in effect on the date the forest stewardship plan was approved.

(8) The holder of a forest stewardship plan may amend the site level information referred to in subsection (2) in accordance with the Code and the Code regulations.

Division 5 -- Transition for Woodlot Licences

Performance standard for existing obligations

198 If a holder of a woodlot licence has carried out a forest practice in the woodlot licence area before the effective date and the requirements of the Code and the Code regulations that pertain to that area have not been completed before the effective date, the holder must comply with those requirements.

Grandparenting forest development plans

199 A forest development plan that is held by the holder of a woodlot licence, was approved under the Code and was in effect immediately before the effective date is deemed to be a forest development plan under this Act and remains in effect until whichever happens first,

(a) the agreement for which the plan was prepared expires and is not replaced or is cancelled, surrendered or otherwise terminated,

(b) the plan is replaced with a woodlot licence plan prepared in accordance with this Act, or

Preparing a forest development plan during the transition period

200 (1) Despite section 12, on or before December 31, 2004, a holder of a woodlot licence may prepare and submit for the district manager's approval a forest development plan under this section.

(2) Each of the following apply to forest development plans prepared under subsection (1):

(a) Part 3 of the Code;

(b) the Code regulations respecting woodlot licences.

(3) A forest development plan referred to in subsection (1) remains in effect until whichever happens first,

(a) the agreement for which the plan was prepared expires and is not replaced or is cancelled, surrendered or otherwise terminated,

(b) the plan is replaced with a woodlot licence plan prepared in accordance with this Act, or

Areas under a forest development plan

201 (1) A holder of a woodlot licence who has a forest development plan referred to in section 199 or 200 must prepare, in accordance with the Code and the Code regulations, any

(a) amendments to the plan or replacement of the plan, and

(b) site plans

that are required under the Code.

(2) A holder of a woodlot licence who carries out a forest practice on an area under a forest development plan or site plan referred to in subsection (1) must comply with the requirements of the Code and the Code regulations that pertain to the holder for the area.

(3) Despite section 12, before a holder of a woodlot licence obtains approval of a woodlot licence plan, the holder may apply for a cutting permit, road permit or road use permit in accordance with the Code and the Code regulations.

Effect of approval of a woodlot licence plan

202 (1) A woodlot licence plan approved under section 16 replaces any forest development plan that, on the date the woodlot licence plan was approved, was in effect for the woodlot licence area.

(2) Any site plan information in a forest development plan at the time of its replacement under subsection (1) by a woodlot licence plan continues to be applicable for cutblocks in the woodlot licence area that have been harvested or are subject to a cutting permit.

(3) The replacement under subsection (1) of a forest development plan by a woodlot licence does not affect a site plan prepared before the replacement.

(4) If a performance requirement under this Act or the regulations conflicts or is inconsistent with a performance requirement in a site plan referred to in subsection (3), the performance requirement in the site plan prevails.

(5) The holder of a woodlot licence plan may amend the site plan information referred to in subsection (2) in accordance with the Code and the Code regulations.

Division 6 -- Transition for Licences to Cut

Licences to cut: general

203 (1) Subject to section 204, the holder of a licence to cut who harvests timber under a licence to cut entered into before the effective date must comply with the requirements of the Code and the Code regulations that pertain to the licence.

(2) Subject to section 204, a holder of a licence to cut entered into on or after the effective date who harvests timber under the licence must comply with the requirements of this Act, the regulations and the standards that pertain to the licence.

Licences to cut that provide for cutting permits

204 (1) A holder of a licence to cut who harvests timber on an area under a cutting permit issued under the licence that is in effect on the effective date must comply with the requirements of the Code and the Code regulations that pertain to the area.

(2) A holder of a licence to cut who harvests timber on an area under a cutting permit issued under the licence after the effective date must comply with the requirements of this Act, the regulations and the standards that pertain to the area.

Division 7 -- Range Transition

Grandparenting range use plans

205 (1) A range use plan prepared or approved under the Code that is in effect immediately before the effective date is deemed to be a range use plan under this Act and the regulations and remains in effect until whichever happens first,

(a) the agreement for which the plan was prepared expires and is not replaced or is cancelled, surrendered or otherwise terminated,

(b) the plan is replaced with a range use plan or a range stewardship plan prepared in accordance with this Act,

(d) the end of the term specified in the plan.

(2) A holder of a range use plan referred to in subsection (1), if the circumstances in paragraphs (a) to (d) in that subsection have not occurred, remains responsible for preparing any amendments to the plan or replacement of the plan required under the Code and the Code regulations.

Requirements for areas under a grandparented range use plan

206 (1) Despite section 32, a holder of an agreement under the Range Act who has a range use plan referred to in section 205 may graze livestock, cut hay or carry out any other range practice on Crown range to which the agreement applies if, on the effective date, that grazing, hay cutting or other range practice was authorized.

(2) If a holder of an agreement under the Range Act referred to in subsection (1) carries out grazing, hay cutting or any other range practices on an area, the holder must do so only in accordance with the requirements of the Code and the Code regulations that pertain to the area.

Effect of approval of a range use plan or
range stewardship plan under section 37

207 (1) Any

(a) range use plan, or

(b) range stewardship plan

approved under section 37 replaces any range use plan referred to in section 205 in effect on the date of the approval for the part of the area under that plan that is in the area under the plan referred to in paragraph (a) or (b).

(2) As soon as practicable after the approval under subsection (1) of a range use plan or range stewardship plan, the holder of the plan must graze any livestock on the area under the plan in accordance with section 45.

Division 8 -- Pilot Project Transition

Definitions

208 In this Division:

"participant" means a person who has given his or her consent to take part in a pilot project;

"pilot project regulation" means a Code regulation made under section 221.1 of the Code;

"proposed pilot project" means a pilot project initiated under Part 10.1 of the Code if, immediately before the effective date,

(a) the pilot project had been made subject to review and comment under that Part, and

(b) there was not a pilot project regulation associated with the pilot project.

Pilot projects regulations continued

209 (1) A pilot project regulation remains in effect despite the repeal of Part 10.1 of the Code.

(2) Subject to this Division, the Code and the Code regulations apply to participants who are subject to a pilot project regulation.

Proposed pilot projects

210 (1) Subject to subsection (2), a regulation may be made for a proposed pilot project as if section 221.1 of the Code were still in force.

(2) A regulation may not be made under subsection (1) if any of the participants in the proposed pilot project notifies the minister in writing that the participant no longer consents to the proposed pilot project.

Pilot project regulation may be transferred from Code

211 (1) A pilot project regulation under the Code is deemed to be a pilot project regulation made under this Act.

(2) If a pilot project

(a) has been proposed under section 221.1 of the Code, and

(b) the proposal is still proceeding at the time of the coming into force of this subsection,

anything done on or before the effective date in furtherance of the proposal is deemed to have been done under this Act and the proposal may be continued under and in conformity with this Act.

(3) The Lieutenant Governor in Council may make regulations respecting varying the requirements or the application of this Act or of the regulations, as he or she considers necessary or desirable in order to adapt them for the purposes of

(a) a pilot project regulation referred to in subsection (1), or

(b) a pilot project that has been proposed, and is proceeding, as described in subsection (2).

Division 9 -- Transfer of Code Obligations

Application

212 This Division applies despite anything in Divisions 1 to 8.

Obligations transferred from the Code

213 (1) In this section:

"outstanding requirement" means a requirement under the Code that, on the specified date,

(a) is in effect and has not been fulfilled,

(b) is an obligation, described in section 162.1 of the Code, of the holder of an agreement under the Forest Act, that is continuing, because it is not among the obligations that, in accordance with that section, the holder was conclusively deemed to have met, or

(c) is an obligation that is a "prescribed obligation" referred to in section 162.2 of the Code and is continuing, because the person who has the obligation has not been granted the relief described in that section;

"specified date" means the date, not earlier than January 1, 2008, that is specified for the purposes of this definition by a regulation made under this section.

(2) The Lieutenant Governor in Council may make regulations respecting outstanding requirements, including but not limited to

(a) specifying outstanding requirements that continue on and after the specified date to apply to the persons to whom those requirements applied immediately before that date, and

(b) varying those requirements or the application of those requirements as he or she considers necessary or desirable to adapt those requirements for the purposes of this Act.

(3) The outstanding requirements to which a regulation under this section pertains are conclusively deemed to continue as requirements under this Act and to be administered and enforced as such.

(4) Subject to the regulations made under this section or under section 178, a reference in a provision of the Forest Practices Code of British Columbia Act to a repealed provision of that Act is deemed to be a reference to that repealed provision as it was before its repeal.

Division 10 -- Forest Practices Board Transition

Mandate of board re: transition

214 (1) In accordance with the regulations, the board must carry out periodic independent audits and may carry out special investigations to determine

(a) compliance with the requirements of this Part and the regulations and standards in relation to this Part, and

(b) the appropriateness of government enforcement pertaining to this Part.

(2) Part 8 applies to an audit or investigation under subsection (1) of a person's compliance with the Code and the Code regulations.

Mandate of board re: protection

215 (1) In accordance with the regulations, the board must carry out periodic independent audits and may carry out special investigations to determine

(a) compliance with Part 5 of the Code and with the Code regulations in relation to that Part, and

(b) the appropriateness of government enforcement pertaining to that Part.

(2) Part 8 of this Act applies to an audit or investigation, under subsection (1), of a person's compliance with Part 5 of the Code and with the Code regulations in relation to that Part.

Division 11 -- Nisga'a Final Agreement Transition

Nisga'a Final Agreement

216 (1) In this section, "Nisga'a Final Agreement" has the same meaning as in the Nisga'a Final Agreement Act.

(2) The Forest Practices Code of British Columbia Act and the regulations and standards under that Act as they were on December 16, 2002 apply to the Nisga'a Final Agreement.

67 The following section is added:

Commencement

217 This Act comes into force by regulation of the Lieutenant Governor in Council.

Consequential Amendments

Assessment Act

68 Section 24 (1) of the Assessment Act, R.S.B.C. 1996, c. 20, is amended in paragraph (c) (ii) of the definition of "managed forest land" by striking out "the Forest Practices Code of British Columbia Act" and substituting "the Forest and Range Practices Act".

Carrier Lumber Ltd. Forest Licence Compensation Act

69 Section 4 (3) of the Carrier Lumber Ltd. Forest Licence Compensation Act, S.B.C. 2002, c. 38, is amended by striking out "the Forest Practices Code of British Columbia Act" in both places and substituting "the Forest and Range Practices Act".

Coal Act

70 Section 12.1 of the Coal Act, R.S.B.C. 1996, c. 51, is amended by striking out "the Forest Practices Code of British Columbia Act" wherever it appears and substituting "the Forest and Range Practices Act".

Environment Management Act

71 Section 5 of the Schedule to the Environment Management Act, R.S.B.C. 1996, c. 118, is amended by striking out "Forest Practices Code of British Columbia Act" and substituting "Forest and Range Practices Act".

Environmental Assessment Act

72 Section 5 (3) (a) and (4) of the Environmental Assessment Act, S.B.C. 2002, c. 43, is repealed.

Farm Practices Protection (Right to Farm) Act

73 Section 1 of the Farm Practices Protection (Right to Farm) Act, R.S.B.C. 1996, c. 131, is amended in paragraph (l) of the definition of "farm operation" by striking out "the Forest Practices Code of British Columbia Act" and substituting "the Forest and Range Practices Act".

Fish Protection Act

74 Section 7 (7) (a) and (b) of the Fish Protection Act, S.B.C. 1997, c. 21, is amended by striking out "the Forest Practices Code of British Columbia Act" and substituting "the Forest and Range Practices Act".

Forest Act

75 Section 1 (1) of the Forest Act, R.S.B.C. 1996, c. 157, is amended

(a) by repealing the definition of "Forest Appeals Commission or commission" and substituting the following:

"Forest Appeals Commission" or "commission" means the Forest Appeals Commission continued under the Forest Practices Code of British Columbia Act; , and

(b) in the definitions of "operational plan" and "range use plan" by striking out "the Forest Practices Code of British Columbia Act" and substituting "the Forest and Range Practices Act".

76 Sections 12, 14 (e) and (h), 15 (2) (b) (ii) and (iv) and (c) (iii) (D) and (3) (e) and 22 (d), (e) and (g) are amended by striking out "the Forest Practices Code of British Columbia Act" and substituting "the Forest and Range Practices Act".

77 Section 23 (1) (g) is amended by striking out "section 101 or 102 of the Forest Practices Code of British Columbia Act." and substituting "section 95 or 96 of the Forest and Range Practices Act."

78 Sections 24 (4) (b) (ii) and (iv) and (c) (iii) (D) and (5) (c) (D) and 30 (e) and (g) are amended by striking out "the Forest Practices Code of British Columbia Act" and substituting "the Forest and Range Practices Act".

79 Section 35 (1) is amended

(a) in paragraphs (d) (iii) (B), (f) and (o) by striking out "the Forest Practices Code of British Columbia Act" and substituting "the Forest and Range Practices Act", and

(b) by repealing paragraph (d) (iii) (C) and substituting the following:

80 Sections 36 (2) (b) (ii) and (iv) and (c) (iii) (D) and (3) (d), 41 (g), 42 (2) (b) (ii) and (iv) and (c) (iii) (D) and (3) (e), 43.3 (e) and (h) and 43.4 (5) (c) are amended by striking out "the Forest Practices Code of British Columbia Act" and substituting "the Forest and Range Practices Act".

81 Section 45 is amended

(a) in paragraphs (e), (f) (iii) (B) and (g) by striking out "the Forest Practices Code of British Columbia Act" and substituting "the Forest and Range Practices Act", and

(b) by repealing paragraph (f) (iii) (C ) and substituting the following:

82 Sections 46 (2) (b) (ii) and (iv) and (c) (iii) (D) and (3) (d), 49 (2) (f), 50 (1) (c), 51 (2) (a) (ii) and (c), 52 (2) (a) and (b) and (3), 59 and 59.1 (1), (3) (b) (ii), (6) (g) (ii) and (10) (d) are amended by striking out "Forest Practices Code of British Columbia Act" and substituting "Forest and Range Practices Act".

83 Section 70 is amended

(a) in subsection (1) by striking out "operational plan, as defined in the Forest Practices Code of British Columbia Act." and substituting "operational plan as defined in the Forest and Range Practices Act.",

(b) by repealing subsection (2) (b) and substituting the following:

(b) an operational plan as defined in the Forest and Range Practices Act, ,

(c) in subsection (2) (e) by striking out "the Forest Practices Code of British Columbia Act" and substituting "the Forest and Range Practices Act", and

(d) in subsection (4) by striking out everything after "establish a free growing stand" and substituting "as required under the Forest and Range Practices Act."

84 Sections 72 (7), 73 (1) and (6), 76 (1), (1) (b) and (d), (1.1) and (2), 78 (1) (a) (iii) and (c), 79 (1) (c) and 81 (1) (b) (ii) and (iv), (2) (c) (iv), (3) (c) and (5) (d) are amended by striking out "the Forest Practices Code of British Columbia Act" and substituting "the Forest and Range Practices Act".

85 Section 109 (3) (b) is repealed and the following substituted:

(b) to defray the costs of meeting the requirements of section 35 (2) of the Forest and Range Practices Act, and that are incidental to operations that yield BC timber sales revenue, and .

86 Section 110 (3) is amended by striking out "the Forest Practices Code of British Columbia Act" and substituting "the Forest and Range Practices Act".

87 Sections 138 and 139 are repealed.

88 Section 167 is repealed.

89 Sections 170 (2) (b) and (5) and 174 (a) are amended by striking out "the Forest Practices Code of British Columbia Act" and substituting "the Forest and Range Practices Act".

Forest Practices Code of British Columbia Act

90 Section 1 of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, is repealed and the following substituted:

Definitions

1 (1) In this Act:

"board" means the Forest Practices Board continued under section 136 of the Forest and Range Practices Act;

"commission" means the Forest Appeals Commission continued under section 194;

"designated forest official" means a person employed in the Ministry of Forests who is designated by name or title to be a designated forest official by the minister of that ministry for the purpose of a provision of this Act or the regulations that is set out in the designation.

(2) Section 14 (2) of the Interpretation Act does not apply to this Act.

(3) Sections 143.1 and 157 do not apply to the government.

91 Section 1.1 is repealed.

92 Sections 6, 7, 8, 10 to 74 and 96 to 130 are repealed.

93 The following section is added:

Part 6 of the Forest and Range Practices Act applies

130.1 Part 6 of the Forest and Range Practices Act applies to this Act and the regulations under this Act, unless the context indicates otherwise.

94 Section 131 is amended

(a) by repealing subsection (1) and substituting the following:

(1) To initiate an appeal under section 82 or 83 of the Forest and Range Practices Act, the person referred to in section 82 (1) of that Act, or the board under section 83 (1) of that Act, no later than 3 weeks after the latest to occur of

(a) the original decision,

(b) any correction under section 79 of that Act, and

must deliver to the commission

(d) a notice of appeal,

(e) a copy of the original decision, and

(f) a copy of any decision respecting a correction or review. , and

(b) by repealing subsection (2).

95 Sections 131.1 and 138 are repealed.

96 Section 143 is repealed.

97 The following section is added:

Fines -- protection

143.1 (1) A person 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 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 80 or 91 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 79 (1), 84 (2) or (4), 85 (2) or 86 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 for a contravention of a regulation or standard is liable to a fine not exceeding a maximum amount, or to imprisonment not exceeding a maximum period, or to both.

(7) If the maximum fine or imprisonment provided by a regulation under subsection (6) (b) is less than that provided by a provision of this Act, the regulation prevails.

98 Sections 144, 145, 147 and 150 to 153 are repealed.

99 The following section is added:

Parts 7 and 8 of the Forest and Range Practices Act apply

161.1 Parts 7 and 8 of the Forest and Range Practices Act apply to this Act and the regulations under this Act, unless the context indicates otherwise.

100 Section 162 is amended

(a) in subsection (1) (f) by striking out "85, 94 or 118." and substituting "85 or 94.", and

(b) by repealing subsection (3).

101 Sections 162.1 to 193 are repealed.

102 Section 196 is repealed and the following substituted:

Commission staff

196 (1) Employees necessary to carry out the powers and duties of the commission may be appointed under the Public Service Act.

(2) In accordance with the regulations, the commission may engage or retain specialists or consultants that the commission 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 or consultants retained under subsection (2).

No oral hearing as of right

196.1 A person is not entitled to an oral hearing before the commission.

Delegation of powers

196.2 (1) The chair may in writing delegate to a person or class of persons any of the commission's powers or duties under this Act, except the power

(a) of delegation under this section, or

(b) to make a report under this Act.

(2) A delegation under this section is revocable and does not prevent the commission 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 commission 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.

103 Sections 206, 208 to 214, 216 to 217.1 and 219 to 252 are repealed.

Muskwa-Kechika Management Area Act

104 Section 7 (2) (f) of the Muskwa-Kechika Management Area Act, S.B.C 1998, c. 38, is amended by striking out "range use plan under the Forest Practices Code of British Columbia Act" and substituting "range use plan or range stewardship plan under the Forest and Range Practices Act".

105 Section 8 (1) (a) is amended by striking out "a forest development plan, under the Forest Practices Code of British Columbia Act;" and substituting "a forest development plan or a forest stewardship plan under the Forest and Range Practices Act;".

Oil and Gas Commission Act

106 Section 1 (1) of the Oil and Gas Commission Act, S.B.C. 1998, c. 38, is amended in the definition of "specified enactment" by repealing paragraph (c).

107 Section 17 (5) is repealed.

Park Act

108 Section 30 (5) (a) and (c) of the Park Act, R.S.B.C. 1996, c. 344, is amended by striking out "the Forest Practices Code of British Columbia Act" and substituting "the Forest and Range Practices Act".

Range Act

109 Sections 2, 5 (b) (ii), 6 (b) (ii), 8 (b) (ii), 9 (b) (ii) and 27 (5) (c) of the Range Act, R.S.B.C. 1996, c. 396, are amended by striking out "the Forest Practices Code of British Columbia Act" and substituting "the Forest and Range Practices Act".

110 Section 9.2 (2) is repealed and the following substituted:

(2) An authorization under subsection (1)

(a) is an agreement under the Range Act for the purposes of

(i) the definition of "range practice" in the Forest and Range Practices Act, and

(ii) section 50 of the Forest and Range Practices 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 and Range Practices Act and the regulations and standards under that Act.

111 Section 31 (1) is amended by striking out "the Forest Practices Code of British Columbia Act" wherever it appears and substituting "the Forest and Range Practices Act".

112 Sections 32, 34 (a) and 40 (c) are amended by striking out "the Forest Practices Code of British Columbia Act" and substituting "the Forest and Range Practices Act".

113 Section 47 (3) is repealed.

114 The following section is added:

Part 6 of the Forest and Range Practices Act applies

47.1 (1) Part 6 of the Forest and Range Practices Act applies to this Act and the regulations under this Act, unless the context indicates otherwise.

(2) Without limiting subsection (1), sections 131 to 141 of the Forest Practices Code of British Columbia Act apply to an appeal under the Forest and Range Practices Act in respect of a contravention of this Act or the regulations under this Act.

Special Accounts Appropriation and Control Act

115 Section 5 of the Special Accounts Appropriation and Control Act, R.S.B.C. 1996, c. 436, is amended

(a) in subsection (1) by repealing paragraphs (a) and (b) and substituting the following:

(a) under section 30 of the Forest and Range Practices Act or section 71 of the Forest Practices Code of British Columbia Act and earnings calculated and attributable to those amounts form a sub-account, called the Silviculture Payments Sub-account, and

(b) under section 73 of the Forest and Range Practices Act or section 117.2 of the Forest Practices Code of British Columbia Act and earnings calculated and attributable to those amounts form a sub-account, called the Environmental Remediation Sub-account. ,

(b) by repealing subsection (2) (a) and substituting the following:

(a) the Silviculture Payments Sub-account for a purpose related to the establishment of a free growing stand under section 30 of the Forest and Range Practices Act, or carrying out a silviculture prescription assumed under section 71 of the Forest Practices Code of British Columbia Act, and for expenses directly or indirectly related to such a purpose, and ,

(c) in subsection (2) (b) (i) by adding "section 74 (3) (b) of the Forest and Range Practices Act, or" after "under", and

(d) by repealing subsection (2) (b) (iv) and substituting the following:

(iv) to defray the costs of investigating contraventions of the Forest Act, the Range Act, the Forest and Range Practices Act, or the Forest Practices Code of British Columbia Act, or the regulations and standards made under them;.

Commencement

116 This Act comes into force by regulation of the Lieutenant Governor in Council.

[Return to: 2003 Bills Home Page]

BILL 69 – 2003 FOREST AND RANGE PRACTICES AMENDMENT ACT, 2003

Site plan available to public

Review and comment

Compliance with plans

Industrial use of a road

Non-industrial use of a road

No payment for use of road except as provided

Control of insects, diseases, animals or abiotic factors

Definition

Preparation of a forest health strategy within a timber supply area

Carrying out forest health measures within a timber supply area

Costs of forest health strategy

Administrative remedies in relation to sections 27.2 and 27.3

Seed

Invasive plants

Natural range barriers

Limitation period

Power of intervention: general

Power of intervention: first nations

Orders

Definition of "party"

Objectives set by government

Ungulate winter range, wildlife habitat areas and general wildlife measures

Community watersheds

Watersheds with significant downstream fisheries values andsignificant watershed sensitivity

Lakeshore management zones and objectives

Scenic areas and visual quality objectives

Consistency among objectives

Streams, wetlands and lakes

Forest and range resources

Definitions and interpretation

Implementation regulations

Immediate application

Grandparenting specified designations

Grandparenting objectives

General wildlife measures

Cutting permits

Road permits

Road use permits

Application

Grandparenting forest development plans

Preparing a forest development plan during the transition period

Site level planning for cutblocks before the approval of a forest stewardship plan

Site plans for roads before the approval of a forest stewardship plan

Operations in cutblocks begun under the Code

Operations in cutblocks begun after the effective dateand before the approval of a forest stewardship plan

Road operations begun under the Code

Road operations begun on or after the effective date and before the approval of a forest stewardship plan

Applying for cutting permits and road permits before a forest stewardship plan is approved

Protection of cutblocks and roads from a forest development planinto a forest stewardship plan

Effect of approval of a forest stewardship plan

Performance standard for existing obligations

Grandparenting forest development plans

Preparing a forest development plan during the transition period

Areas under a forest development plan

Effect of approval of a woodlot licence plan

Licences to cut: general

Licences to cut that provide for cutting permits

Grandparenting range use plans

Requirements for areas under a grandparented range use plan

Effect of approval of a range use plan or range stewardship plan under section 37

Definitions

Pilot projects regulations continued

Proposed pilot projects

Pilot project regulation may be transferred from Code

Application

Obligations transferred from the Code

Mandate of board re: transition

Mandate of board re: protection

Nisga'a Final Agreement

Commencement

Consequential Amendments

Definitions

Part 6 of the Forest and Range Practices Act applies

Fines -- protection

Parts 7 and 8 of the Forest and Range Practices Act apply

Commission staff

No oral hearing as of right

Delegation of powers

Part 6 of the Forest and Range Practices Act applies

BILL 69 – 2003
FOREST AND RANGE PRACTICES AMENDMENT ACT, 2003

Ungulate winter range, wildlife habitat areas and
general wildlife measures

Watersheds with significant downstream fisheries values and
significant watershed sensitivity

Operations in cutblocks begun after the effective date
and before the approval of a forest stewardship plan

Road operations begun on or after the effective date
and before the approval of a forest stewardship plan

Applying for cutting permits and road permits
before a forest stewardship plan is approved

Protection of cutblocks and roads from a forest development plan
into a forest stewardship plan

Effect of approval of a range use plan or
range stewardship plan under section 37