BILL M 236 – 2007
PUBLIC INTEREST PROTECTION ACT, 2007
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 39.1 of the Forests Act, R.S.B.C. 1996, c. 157 is amended by adding the following subsection:
(3) Upon receiving an application to remove private lands from a tree farm license, the minister must do all of the following:
(a) notify all local communities, workers' groups, municipalities, regional districts and First Nations that may be affected by the proposed removal;
(b) hold public meetings in all local communities impacted by the proposed removal;
(c) consult with all First Nations whose traditional territories are impacted by the proposed removal, or that have territorial claims or other interests over the private lands subject to the application;
(d) determine what, if any, compensation is owed to the Crown for the proposed removal;
(e) report to the Legislative Assembly of British Columbia on
(i) the results of all public meetings with local communities, workers' groups, municipalities, regional districts and consultations with First Nations, and
(ii) the minister's determination of the compensation owed to the Crown if the proposed removal is approved;
(f) provide the Legislative Assembly with a recommended response to the removal application;
(g) subject the minister's recommendation respecting the removal application to a vote of the Legislative Assembly and take appropriate action in accordance with the outcome of that vote.
Explanatory Note
The Bill will protect the public interest by setting out a process by which British Columbians will learn about applications to remove private lands from a tree farm license and will be provided with an opportunity to consult with the government on such applications. The Bill requires the government to hold public meetings in communities affected by proposed removals and meaningfully consult with First Nations whose traditional territories are impacted by removal applications. The Bill also mandates that the minister determine what compensation is owed to the Crown for land removals and report to the Legislative Assembly regarding the results of the consultation and the amount of compensation the Crown will receive for any removal or private lands from a tree farm license. The decision to remove private lands from a tree farm license will be subject to a vote in the Legislative Assembly after the minister puts forth a recommended response to the application to all members of the Assembly.
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