BILL 10 – 2005
FORESTS AND RANGE STATUTES AMENDMENT ACT, 2005

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

 
Forest and Range Practices Act

1 Part 6 of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is amended by adding the following section before Division 1:

Definition for Part 6

58.1 In this Part, "the Acts" means one or more of this Act, the regulations or the standards or the Forest Act, the Range Act or a regulation made under the Forest Act or the Range Act.

2 Part 6 is amended by adding the following section before Division 1:

Applicability of certain provisions of Part 6 of this Act
for the Forest Practices Code of British Columbia Act

58.2 (1) Sections 59 to 70, 71 (1), (2), (5) and (6), 72 to 86, 88 to 96, 98 to 101 and 103 of this Act apply to and in respect of

(a) the Forest Practices Code of British Columbia Act, and

(b) the regulations or standards under that Act

in relation to the period that ended at midnight on January 30, 2004.

(2) Subject to section 36 (1) (d) of the Interpretation Act, for contraventions of

(a) the Forest Practices Code of British Columbia Act, or

(b) the regulations or standards under that Act

that occurred before midnight on January 30, 2004,

(c) the maximum administrative penalties, and

(d) the maximum fines and periods of imprisonment

are as provided for under the Forest Practices Code of British Columbia Act at the time of the contravention.

(3) For the purposes of this section,

(a) the references in section 67 of this Act to sections 52, 50 (2) and 51 must be read as references to sections 96, 100 and 101, respectively, of the Forest Practices Code of British Columbia Act,

(b) the reference in section 68 (1) of this Act to section 50 (1) must be read as a reference to section 98 of the Forest Practices Code of British Columbia Act,

(c) the reference in section 71 (2) (a) (i) of this Act to an administrative penalty in an amount that does not exceed a prescribed amount must be read as a reference

(i) to

(A) the penalty provided for under section 117 (1) of the Forest Practices Code of British Columbia Act, up to and including the amount provided for under that provision, or

(B) that penalty plus the additional penalty provided for in section 119 (3) of that Act, up to and including the amount referred to in that provision, or

(ii) to

(A) the penalty provided for in section 119 (1) of the Forest Practices Code of British Columbia Act, up to and including the amount referred to in that provision, or

(B) that penalty plus the additional penalty provided for in section 119 (3) of that Act, up to and including the amount referred to in that provision,

(d) the references in section 90 of this Act to sections 26 (2), 51 (7), 54 (2), 57 (4), 66 (1) and 74 (1) must be read as references to sections 106 (1), 101 (2), 99 (2), 102 (3), 123 and 118, respectively, of the Forest Practices Code of British Columbia Act,

(e) the reference in section 93 of this Act to section 46 (1) must be read as a reference to section 45 (1), (3) or (4), as applicable, of the Forest Practices Code of British Columbia Act,

(f) the references in section 93 of this Act to sections 50 (1), 54 (1), 55 and 57 (1) must be read as references to sections 98, 99 (1), 103 and 102 (1), respectively, of the Forest Practices Code of British Columbia Act,

(g) the references in section 94 of this Act to sections 52 and 53 must be read as references to sections 96 and 97, respectively, of the Forest Practices Code of British Columbia Act,

(h) the reference in section 95 of this Act to section 50 must be read as a reference to section 100 of the Forest Practices Code of British Columbia Act, and

(i) the reference in section 96 of this Act to section 57 must be read as a reference to section 102 of the Forest Practices Code of British Columbia Act.

3 Section 59 (1) is repealed.

4 Section 177.1 is repealed and the following is substituted:

Applicability of certain provisions of Part 6
of this Act for the Code

177.1 (1) Sections 59 to 70, 71 (1), (2), (5) and (6), 72 to 86 and 88 to 103 of this Act apply to and in respect of the Code and the Code regulations.

(2) A person to whom the Code and the Code regulations apply who contravenes a requirement, the contravention of which is an offence under the Code or the Code regulations, commits that offence under the Code or the Code regulations and is liable on conviction

(a) to a fine not exceeding the maximum amount specified in the Code or the Code regulations for that offence,

(b) to imprisonment not exceeding the maximum amount specified in the Code or the Code regulations for that offence, or

(c) to both.

(3) For contraventions of the Code or the Code regulations, the maximum administrative penalties are as provided for under the Code and the Code regulations.

(4) For the purposes of this section,

(a) the references in section 67 of this Act to sections 52, 50 (2) and 51 must be read as references to sections 96, 100 and 101, respectively, of the Code,

(b) the reference in section 68 (1) of this Act to section 50 (1) must be read as a reference to section 98 of the Code,

(c) the reference in section 71 (2) (a) (i) of this Act to an administrative penalty in an amount that does not exceed a prescribed amount must be read as a reference

(i) to

(A) the penalty provided for under section 117 (1) of the Code, up to and including the amount provided for under that provision, or

(B) that penalty plus the additional penalty provided for in section 119 (3) of the Code, up to and including the amount referred to in that provision, or

(ii) to

(A) the penalty provided for in section 119 (1) of the Code, up to and including the amount referred to in that provision, or

(B) that penalty plus the additional penalty provided for in section 119 (3) of the Code, up to and including the amount referred to in that provision,

(d) the references in section 90 of this Act to sections 26 (2), 51 (7), 54 (2), 57 (4), 66 (1) and 74 (1) must be read as references to sections 106 (1), 101 (2), 99 (2), 102 (3), 123 and 118, respectively, of the Code,

(e) the reference in section 93 of this Act to section 46 (1) must be read as a reference to section 45 (1), (3) or (4), as applicable, of the Code,

(f) the references in section 93 of this Act to sections 50 (1), 54 (1), 55 and 57 (1) must be read as references to sections 98, 99 (1), 103 and 102 (1), respectively, of the Code,

(g) the references in section 94 of this Act to sections 52 and 53 must be read as references to sections 96 and 97, respectively, of the Code,

(h) the reference in section 95 of this Act to section 50 must be read as a reference to section 100 of the Code, and

(i) the reference in section 96 of this Act to section 57 must be read as a reference to section 102 of the Code.

 
Forestry Revitalization Act

5 Section 12 of the Forestry Revitalization Act, S.B.C. 2003, c. 17, is repealed and the following substituted:

Changes to scheduled items

12 The Lieutenant Governor in Council, by regulation, may amend the Schedule

(a) to correct, as necessary, the names of licensees itemized in Column 1 and the licence numbers itemized in Column 2, and

(b) to take into account

(i) either

(A) a consolidation, or

(B) a subdivision

of a licence under section 19 or 39 of the Forest Act,

(ii) a disposition, as defined in section 53 of the Forest Act, of a licence as defined in section 1 of this Act, to or from a licensee named in the Schedule,

(iii) an amalgamation of a corporation that is a licensee named in the Schedule with another corporation, or

(iv) a change of control, a disposition of control or an acquisition of control, all as set out in section 54.5 of the Forest Act, involving a licensee named in the Schedule

that affects the volume of timber

(v) set out in Column 3 of the Schedule for a group of licences, or

(vi) specified in any of the licences held by a licensee listed in Column 1 of the Schedule.

6 The Schedule is amended

(a) in Column 3 of item 21, opposite the group name TEAL CEDAR PRODUCTS GROUP, by striking out "48 078" and substituting "216 215",

(b) in item 21 by adding the following as the last row:

(c) in Column 3 of item 23, opposite the group name TIMBERWEST GROUP, by striking out "201 344" and substituting "33 207", and

(d) in item 23 by striking out the row containing "TFL Forest Ltd." in Column 1 and "TFL46" in Column 2.

 
Wildfire Act

7 Part 3 of the Wildfire Act, S.B.C. 2004, c. 31, is amended by adding the following section before Division 1:

Applicability of sections 19 to 42 and 45 to 53 of this Act
for the Forest Practices Code of British Columbia Act

18.1 (1) Sections 19 to 42 and 45 to 53 of this Act apply to and in respect of

(a) Divisions 1 to 3 of Part 5 and section 154 of the Forest Practices Code of British Columbia Act,

(b) the regulations under that Act, and

(c) liabilities of persons to the government under section 162 of that Act

in relation to the period beginning on January 31, 2004 and ending at midnight on March 30, 2005.

(2) Subject to section 36 (1) (d) of the Interpretation Act, for contraventions of

(a) Divisions 1 to 3 of Part 5 and section 154 of the Forest Practices Code of British Columbia Act, or

(b) the regulations under that Act,

that occurred during the period beginning on January 31, 2004 and ending at midnight on March 30, 2005,

(c) the maximum administrative penalties are as provided for under the Forest and Range Practices Act at the time of the contravention, and

(d) the maximum fines and periods of imprisonment are as provided for under the Forest Practices Code of British Columbia Act at the time of the contravention.

(3) For the purposes of this section,

(a) the reference in each of sections 25 and 27 (1) (b) of this Act to section 9 must be read as a reference to section 89 of the Forest Practices Code of British Columbia Act,

(b) the reference in section 27 (1) (a) of this Act to a prescribed amount must be read as a reference to the amount prescribed under section 71 of the Forest and Range Practices Act at the time of the contravention, and

(c) the reference in section 47 of this Act to an order made under this Act must be read as a reference to a notice of determination made under section 82 of the Forest Practices Code of British Columbia Act.

Commencement

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