Explanatory Note

This Bill requires that permits be held for all industrial uses, and prescribed commercial uses, of roads in British Columbia other than highways. It establishes a Resource Road Authority and allows that authority and its delegates to issue, amend and transfer road authorizations. The Bill provides for particular users of resource roads to be tasked with the maintenance and deactivation of those roads, while at the same time allowing the government to remediate and close roads where necessary. It provides that resource roads are only to be constructed, modified, maintained or deactivated under appropriate road authorizations and establishes the ability to set the standards by which that construction, modification, maintenance and deactivation is to be performed. It provides for the manner in which resource roads are to be used, and contemplates that additional directions can be given for roads that have a high level of traffic. It also provides for the authority to enforce the provisions of road authorizations, this Act and the regulations, and establishes an enforcement regime that provides for both reviews and appeals of authority determinations.

BILL 30 – 2008
RESOURCE ROAD ACT

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

Part 1 — Interpretation

Definitions

1  In this Act:

"administrative penalty" means a penalty referred to in section 68 (1) (a);

"agreement with government" includes

(a) a permit, licence or other authorization issued or granted by the government, and

(b) a Forest Act agreement;

"all-terrain vehicle" has the same meaning as "all terrain vehicle" in the Motor Vehicle (All Terrain) Act;

"appeal tribunal" means the Resource Road Appeal Tribunal established under section 83;

"applicable ministers" means the following ministers:

(a) the minister charged with the administration of this Act;

(b) the minister charged with the administration of the Forest Act;

(c) the minister charged with the administration of the Land Act;

(d) the minister charged with the administration of the Mines Act;

(e) the minister charged with the administration of the Oil and Gas Commission Act;

"authority" means the Resource Road Authority established under section 2, and, when used in relation to circumstances to which a delegation or subdelegation under section 6 applies, includes the delegate;

"authorized right of way", in relation to a resource road that has been or may be constructed or modified under a road authorization, means

(a) the area that is shown or described in the road authorization as the right of way within which the resource road may be constructed or modified, or

(b) if the road authorization applicable to a resource road that was constructed before the coming into force of section 14 does not show or describe the area within which the resource road may be constructed or modified, the area that is the prescribed distance on either side of the centre line of the resource road;

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

"Crown land" has the same meaning as in the Land Act, but does not include land owned by an agent of the government;

"Crown timber" means timber on Crown land, and, if Crown land is disposed of but the timber on that land is, despite the disposition of the land, reserved to the government, includes that reserved timber;

"cutting permit" means a permit issued under a Forest Act agreement that authorizes timber harvesting activities;

"dated deactivation condition" means a term or condition referred to in section 40 (1) (a), and includes a requirement referred to in section 35 (1) (b) (i) or (iv) that is deemed under section 35 (2) (a) or (d) (ii) to be a dated deactivation condition;

"deactivate", in relation to a resource road, means deactivate in accordance with section 46 (1) and (2);

"deactivation condition" means a term or condition referred to in section 40 (1) (b) or (c) (i), and includes a requirement referred to in section 35 (1) (b) (ii) or (iv) that is deemed under section 35 (2) (b) or (d) (i) to be a deactivation condition;

"designated maintainer" means, in relation to a resource road, the person who, under section 35 (1), is required to maintain the resource road;

"determination" means any act, decision, procedure, levy, finding, authorization, direction, order or other determination made under this Act by the authority;

"Forest Act agreement" means

(a) an agreement referred to in section 12 of the Forest Act, or

(b) an agreement entered into before April 1, 2003 under Division 7 of Part 3 of the Forest Act;

"forest holder" means a person who holds

(a) a Forest Act agreement, and

(b) a road authorization;

"forest service road" means a road on Crown land that, immediately before the coming into force of section 14, was a forest service road under the Forest Act;

"highway" has the same meaning as in the Transportation Act;

"industrial purpose" means

(a) the extraction, development or production of natural resources,

(b) the conduct of a prescribed commercial operation or activity,

(c) the construction of facilities to be used for, or the maintenance or removal of facilities used for,

(i) the extraction, development or production of natural resources, or

(ii) the conduct of a prescribed commercial operation or activity,

(d) reclamation, site rehabilitation or silviculture activities that

(i) involve the use of heavy equipment, and

(ii) are associated with areas from which natural resources have been extracted or on which natural resources have been produced or developed,

(e) any other use, activity or purpose included in this definition by regulation, or

(f) the provision of access to an area or site for any of the uses, activities or purposes referred to in paragraph (a), (b), (c), (d) or (e),

but does not include any use, activity or purpose excluded from this definition by regulation;

"maintain", in relation to a resource road, means maintain in accordance with section 36;

"maintenance condition" means

(a) a dated deactivation condition,

(b) a deactivation condition, or

(c) a surrender condition;

"minister" means a member of the Legislative Assembly who is appointed to the Executive Council of British Columbia;

"motor vehicle" means a vehicle that is

(a) intended to be self propelled, and

(b) designed primarily for travel on land on surfaces other than rails;

"natural resources" does not include produce, crops, game or prescribed resources;

"non-maintaining user" means, in relation to a resource road, a person who

(a) holds a road authorization applicable to the resource road, and

(b) is not the designated maintainer of that resource road;

"petroleum development road" has the same meaning as in the Petroleum Development Road Regulation, B.C. Reg. 356/1998, as that regulation read immediately before the coming into force of section 14;

"resource road" means a road or portion of a road on Crown land if

(a) the road or portion of a road is used or required for an industrial purpose,

(b) the road or portion of a road was constructed before the coming into force of section 14 under

(i) a road permit granted under section 115 of the Forest Act,

(ii) a cutting permit,

(iii) a special use permit,

(iv) a timber sale licence, within the meaning of Division 3 of Part 3 of the Forest Act, that does not provide for cutting permits, or

(v) an authorization granted under the Land Act, other than an authorization granted for a prescribed purpose,

(c) immediately before the coming into force of section 14, the road or portion of a road was

(i) a forest service road,

(ii) a petroleum development road,

(iii) authorized under section 7 of the Petroleum and Natural Gas Act, or

(iv) an access road within the meaning of the Mining Right of Way Act, or

(d) the road or portion of a road is prescribed for the purposes of this definition,

and includes bridges, culverts, fords and other structures and works associated with a road or portion of a road referred to in paragraph (a), (b), (c) or (d) but does not include

(e) a highway,

(f) any road or portion of a road that is excluded from this definition by regulation, or

(g) any road within a class of roads or any portion of a road within a class of portions of roads, if that class of roads or class of portions of roads is excluded from this definition by regulation;

"resource road permit" means a permit issued under section 16 (1), (2) or (3);

"reviewable determination" means a determination other than a prescribed determination;

"road authorization" means

(a) a resource road permit,

(b) that portion of a special use permit that relates to a resource road if the special use permit was in effect immediately before the coming into force of section 14 of this Act,

(c) that portion of a permit, under section 14 (1) (c) of the Land Act, that relates to a resource road if the permit was in effect immediately before the coming into force of section 14 of this Act,

(d) that portion of a licence of occupation, issued under section 39 of the Land Act, that relates to a resource road if the licence of occupation was in effect immediately before the coming into force of section 14 of this Act,

(e) a road permit or road use permit, granted under the Forest Act, if the road permit or road use permit was in effect immediately before the coming into force of section 14 of this Act,

(f) an application for a petroleum development road granted under section 5 of the Petroleum Development Road Regulation, B.C. Reg. 356/1998, if the granted application was in effect immediately before the coming into force of section 14,

(g) an authorization under section 22.1 of the Forest and Range Practices Act to use a resource road if the authorization was in effect immediately before the coming into force of section 14 of this Act, or

(h) any other prescribed agreement with government,

but does not include any agreement with government that is excluded from this definition by regulation;

"road prism", in relation to a road, means an area consisting of the road surface and any cut slope, ditch and road fill;

"special use permit" means a permit issued under section 9 of the Provincial Forest Use Regulation, B.C. Reg. 176/1995;

"specified holder" means a person who holds

(a) a prescribed agreement with government that is not a Forest Act agreement, and

(b) a road authorization;

"surrender condition" means a term or condition referred to in section 40 (1) (c) (ii), and includes a requirement referred to in section 35 (1) (b) (iii) that is deemed under section 35 (2) (c) to be a surrender condition;

"timber" means trees, whether standing, fallen, living, dead, limbed, bucked or peeled;

"written" or "in writing" includes written messages transmitted electronically.

Part 2 — Resource Road Authority

Establishment of Resource Road Authority

2  (1) The Resource Road Authority is established consisting of the persons appointed under subsection (2).

(2) The Resource Road Authority consists of a chair, one or more vice-chairs and other persons the Lieutenant Governor in Council may appoint.

(3) Appointments of the members of the Resource Road Authority under subsection (2) may be for a term of up to 3 years and may be renewed for one or more additional terms.

(4) Subject to any Treasury Board Directives, the minister charged with the administration of this subsection may determine the remuneration, reimbursement of expenses and other conditions of employment of the members of the Resource Road Authority.

Organization of Resource Road Authority

3  (1) The chair of the Resource Road Authority may organize the Resource Road Authority into panels, each composed of one or more members.

(2) Subject to subsection (4), the members of the Resource Road Authority may sit

(a) as the Resource Road Authority, or

(b) as a panel of the Resource Road Authority,

and 2 or more panels may sit at the same time.

(3) Subject to subsection (4), if one or more members of the Resource Road Authority sit as a panel,

(a) the panel has the jurisdiction of, and may exercise the powers and perform the duties of, the authority, and

(b) a determination of the panel is a determination of the authority.

(4) The powers of the Resource Road Authority under section 6 (1) must be exercised by the Resource Road Authority and, without limiting this, a panel organized under subsection (1) of this section

(a) has no jurisdiction to exercise any power that may be exercised by the Resource Road Authority under section 6,

(b) must not exercise any power or perform any duty that may be exercised or performed by the Resource Road Authority under section 6, and

(c) must not make any determination that may be made by the Resource Road Authority under section 6.

Fiscal year of Resource Road Authority

4  The fiscal year of the Resource Road Authority is the period beginning on April 1 and ending on the following March 31.

Resource Road Authority staff

5  (1) The Resource Road Authority may appoint officers and employees that the Resource Road Authority considers necessary to exercise the powers and perform the duties of the authority and may define their duties and determine their remuneration.

(2) The Public Service Act and the Public Service Labour Relations Act do not apply to the Resource Road Authority or to its officers or employees.

(3) Despite subsection (2), the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the Resource Road Authority and to its officers and employees.

(4) In accordance with the regulations, the Resource Road Authority may engage or retain specialists, consultants and auditors that the Resource Road Authority considers appropriate to exercise the powers and perform the duties of the authority and may determine their remuneration.

(5) The Public Service Act does not apply to the engagement, retention or remuneration of specialists, consultants and auditors engaged or retained under subsection (4).

Authority may delegate

6  (1) The Resource Road Authority may, in writing, do one or more of the following:

(a) delegate a power or duty of the authority under this Act, including a quasi-judicial power or duty but excluding a prescribed power or duty, to one or more of the following or to a panel composed of one or more of the following:

(i) a minister;

(ii) a person or class of persons employed under the Public Service Act;

(iii) a person or class of persons appointed under section 5 (1) of this Act;

(iv) an agent of the government;

(v) the commissioner appointed under the Oil and Gas Commission Act;

(vi) a prescribed person or class of persons;

(b) provide directions that are binding on the delegate respecting the exercise of the power or the performance of the duty;

(c) vary or revoke a delegation or direction.

(2) A delegation under subsection (1) may be made generally or in relation to one of more of the following:

(a) particular circumstances;

(b) particular periods;

(c) particular geographic areas;

(d) particular persons or classes of persons.

(3) In prescribed circumstances, a person or a panel of persons to whom a power or duty has been delegated under subsection (1) may, unless restricted by that delegation from doing so, subdelegate the power or duty to one or more of the following or to a panel composed of one or more of the following:

(a) a minister;

(b) a person or class of persons employed under the Public Service Act;

(c) a person or class of persons appointed under section 5 (1) of this Act;

(d) an agent of the government;

(e) the commissioner appointed under the Oil and Gas Commission Act;

(f) a prescribed person or class of persons.

(4) A record, purporting to have been signed by a person in the person's capacity

(a) as the authority,

(b) if the authority is the Resource Road Authority, as a member of the Resource Road Authority, or

(c) if the authority is a panel of persons, as a member of that panel,

that certifies that a delegation or subdelegation has been effected under this section,

(d) is admissible as evidence of the delegation or subdelegation without proof of the signature or official character of the person appearing to have signed the record, and

(e) is proof of the matter certified.

Mandate of authority

7  The authority must administer this Act in accordance with the powers and duties applicable to it as set out in this Act.

Reporting requirements

8  (1) Promptly after the end of a fiscal year of the Resource Road Authority, the chair of the Resource Road Authority must give to the applicable ministers an annual report summarizing the authority's activities, including the authority's enforcement activities, in that fiscal year.

(2) The applicable ministers must ensure that the report referred to in subsection (1) is laid before the Legislative Assembly promptly after its receipt.

Part 3 — Limitations on Construction, Modification, Maintenance and Use of Resource Roads

Restrictions on construction, modification or maintenance of resource roads

9  (1) A person must not construct, modify or maintain a resource road unless the person is

(a) the government,

(b) a holder of a road authorization that authorizes or requires the construction, modification or maintenance,

(c) otherwise authorized in writing to do so, or ordered to do so, by the authority, or

(d) otherwise authorized to do so under this Act.

(2) For the purposes of subsection (1) (b), if a road authorization authorizes its holder to maintain a resource road, the holder is authorized to modify the resource road within the authorized right of way unless

(a) the authority amends the holder's road authorization under section 27 (b) to remove the authorization to modify the resource road, or

(b) the authority, by order under another provision of this Act, removes that authorization to modify the resource road.

Restrictions on use of resource roads for industrial purposes

10  Except in prescribed circumstances, a person must not use a resource road for an industrial purpose unless the person is

(a) the government,

(b) the holder of a road authorization that authorizes the person to use the resource road for the industrial purpose,

(c) otherwise authorized in writing to do so, or ordered to do so, by the authority, or

(d) otherwise authorized to do so under this Act.

When compensation for use may be payable

11  A holder of a road authorization applicable to a resource road must not request or obtain money or any other benefit or compensation from any person using or wishing to use the resource road unless,

(a) in the case of a person using or wishing to use the resource road for a purpose that is not an industrial purpose, the regulations otherwise provide, or

(b) in the case of a person using or wishing to use the resource road for an industrial purpose,

(i) the money, benefit or compensation is sought in accordance with section 38 or 39, or

(ii) the regulations otherwise provide.

No works on resource road right of way without authorization

12  (1) A person must not create, on any part of a resource road's authorized right of way, works that are not authorized by a road authorization applicable to the resource road unless

(a) the person is the government,

(b) the authority has given its prior written authorization to the creation,

(c) the person is ordered to do so by the authority,

(d) the works are created in relation to a prescribed circumstance, or

(e) the person

(i) is authorized to do so under this Act, or

(ii) was, immediately before the coming into force of this section, authorized to do so under another enactment.

(2) To obtain an authorization referred to in subsection (1) (b), a person must

(a) submit an application

(i) in a form approved by the authority, and

(ii) that contains the information and records referred to in subsection (3), and

(b) submit with the application

(i) the prescribed fee, if any, and

(ii) the prescribed type and amount of security, if any.

(3) A person making an application for an authorization referred to in subsection (1) (b) must include the following in the application:

(a) a description of the works to be created;

(b) a map satisfactory to the authority that indicates the location of the works in relation to the resource road;

(c) information respecting when the creation of the works is to begin and the date by which creation of the works is to be completed;

(d) any other prescribed information and records.

(4) After receiving an application for an authorization referred to in subsection (1) (b), the authority may authorize the applicant to create the works referred to in the application if the authority is satisfied that the application

(a) is consistent with the prescribed criteria, if any,

(b) meets the requirements of subsections (2) (a) and (3), and

(c) is accompanied by the fee, if any, and the security, if any, required under subsection (2) (b).

(5) Before creating works on any part of a resource road's authorized right of way, a person who is authorized under subsection (1) (b), (c), (d) or (e) to create those works must,

(a) in the case of a person who receives an authorization under subsection (1) (b) or (c), give notice to the persons, and in the manner, set out by the authority in the authorization, or

(b) in the case of

(i) a person referred to in subsection (1) (b) or (c) who receives an authorization or order that does not set out the persons to whom and the manner in which notice is to be given, or

(ii) a person referred to in subsection (1) (d) or (e),

give notice to the persons, and in the manner, set out in the regulations.

(6) A person who creates works on any part of a resource road's authorized right of way under an authorization referred to in subsection (1) (b), (c), (d) or (e) must ensure that

(a) the works are created in accordance with

(i) this Act,

(ii) the regulations, and

(iii) any terms and conditions imposed under section 104, and

(b) the works, or anything held in or carried by the works, do as little damage as possible to the resource road.

Restrictions on connecting roads

13  (1) A person must not connect a road or driveway to a resource road unless

(a) the person is the government,

(b) the authority has given its prior written authorization to the connection,

(c) the person is authorized to construct the connection by the person's road authorization,

(d) the resource road is prescribed for the purposes of this section, or

(e) the person

(i) is authorized to do so under this Act, or

(ii) was, before the coming into force of this section, authorized to do so under another enactment.

(2) To obtain an authorization referred to in subsection (1) (b), a person must

(a) submit an application

(i) in a form approved by the authority, and

(ii) that contains the information and records referred to in subsection (3), and

(b) submit with the application

(i) the prescribed fee, if any, and

(ii) the prescribed type and amount of security, if any.

(3) A person making an application for an authorization referred to in subsection (1) (b) must include the following in the application:

(a) a map satisfactory to the authority that indicates the road or driveway and the location of its connection to the resource road;

(b) information regarding the use to which the connected road or driveway will be put;

(c) any other prescribed information and records.

(4) After receiving an application for an authorization referred to in subsection (1) (b), the authority may

(a) authorize the applicant to connect the road or driveway to the resource road if the authority is satisfied that the application

(i) is consistent with the prescribed criteria, if any,

(ii) meets the requirements of subsections (2) (a) and (3), and

(iii) is accompanied by the fee, if any, and the security, if any, required under subsection (2) (b), and

(b) without limiting section 104 or paragraph (a) of this subsection, authorize the applicant to modify the resource road if and to the extent provided by the authority in the authorization.

(5) A person who connects a road or driveway to a resource road under an authorization referred to in subsection (1) (b), (c), (d) or (e) must do so in accordance with

(a) this Act,

(b) the regulations, and

(c) any terms and conditions imposed under section 104.

(6) Without limiting Division 3 of Part 4 of the Transportation Act and section 62 of that Act, a person must not connect a resource road to a highway unless the person has first obtained, from the minister charged with the administration of the Transportation Act, written authorization under section 62 of that Act for the connection.

Part 4 — Resource Road Permits

Division 1 — Obtaining Resource Road Permits

Applications

14  (1) To apply for a resource road permit, a person must

(a) submit an application

(i) in a form approved by the authority, and

(ii) that contains the information and records referred to in subsection (2), and

(b) submit with the application

(i) the prescribed fee, if any, and

(ii) the prescribed type and amount of security, if any.

(2) A person making an application for a resource road permit must include the following in the application:

(a) for each resource road to which the resource road permit is to apply, information that identifies, in accordance with the regulations,

(i) the resource road, and

(ii) how the applicant intends to use the resource road, including the nature and extent of that use;

(b) if

(i) the application is to authorize the applicant to construct one or more resource roads, or

(ii) the application is to authorize the applicant to modify one or more resource roads and the authorized right of way must be altered to accommodate the modifications,

for each resource road to be constructed or modified, a map satisfactory to the authority that indicates the area the applicant wishes to have shown or described in the resource road permit as the right of way within which the resource road is to be constructed or modified;

(c) any other prescribed information and records.

Eligibility

15  The authority may determine that a person is ineligible to receive a resource road permit if

(a) the person is a party to an agreement with government that does or could in some way relate to a resource road,

(b) one of the following applies:

(i) one or more rights of the person under the agreement with government are under suspension;

(ii) the person is not in compliance with

(A) a requirement of the agreement with government, or

(B) a requirement of the enactment under which the agreement with government was made, and

(c) the authority is satisfied that, because of the suspension referred to in paragraph (b) (i) or the nature and extent of the non-compliance referred to in paragraph (b) (ii), it is not appropriate for the person to receive a resource road permit.

Issuing resource road permit

16  (1) After receiving an application for a resource road permit, the authority, subject to subsection (4), may issue a permit to the applicant if

(a) the authority is satisfied that the application

(i) is consistent with the prescribed criteria,

(ii) meets the requirements of section 14 (1) (a) and (2), and

(iii) is accompanied by the fee, if any, and the security, if any, required under section 14 (1) (b),

(b) the authority is satisfied that the applicant meets the requirements prescribed for the purposes of this subsection,

(c) the authority has not determined, under section 15, that the applicant is ineligible to receive a permit, and

(d) in the case of a permit that authorizes construction of a resource road, the authority is satisfied that

(i) the applicant is authorized under an agreement with government to pursue an industrial purpose or has a prescribed authorization, and

(ii) the construction of the resource road is necessary to give effect to the authorization referred to in subparagraph (i) of this paragraph.

(2) Despite subsection (1), after receiving a resource road permit application in relation to one or more resource roads from a holder of one or more prescribed Forest Act agreements, the authority, subject to subsection (4), must issue a permit to the applicant in relation to those resource roads if

(a) the authority is satisfied that the application

(i) is consistent with the prescribed criteria, if any,

(ii) meets the requirements of section 14 (1) (a) and (2), and

(iii) is accompanied by the fee, if any, and the security, if any, required under section 14 (1) (b),

(b) the authority is satisfied that the applicant meets the requirements prescribed for the purposes of this subsection,

(c) the authority has not determined, under section 15, that the applicant is ineligible to receive a permit, and

(d) the authority is satisfied that there is, for each of the resource roads in relation to which the permit is to be issued, a relationship between one or more of the Forest Act agreements and that resource road.

(3) Despite subsection (1), after receiving a resource road permit application in prescribed circumstances, the authority, subject to subsection (4), must issue a permit to the applicant if

(a) the authority is satisfied that the application

(i) is consistent with the prescribed criteria, if any,

(ii) meets the requirements of section 14 (1) (a) and (2), and

(iii) is accompanied by the fee, if any, and the security, if any, required under section 14 (1) (b),

(b) the authority is satisfied that the applicant meets the requirements, if any, prescribed for the purposes of this subsection, and

(c) the authority has not determined, under section 15, that the applicant is ineligible to receive a permit.

(4) If the authority determines that the issuance of a resource road permit would compromise government objectives as specified by the regulations, the authority must refuse the application for the resource road permit.

Content of resource road permit

17  (1) A resource road permit must do the following:

(a) for each resource road to which the resource road permit applies, specify, in accordance with the regulations, the nature and extent of the use of the resource road that is authorized by the resource road permit;

(b) if

(i) the resource road permit is to authorize construction of a resource road, or

(ii) the resource road permit is to authorize modification of a resource road and the authorized right of way must be altered to accommodate the modifications,

show or describe, as the right of way within which the resource road may be constructed or modified, an area that the authority is satisfied is appropriate for the uses for which the resource road permit is issued;

(c) include any maintenance conditions the authority considers should be or must be attached to the resource road permit;

(d) except in prescribed circumstances, if the authority is satisfied that Crown timber must be felled in order to enable construction, modification, maintenance or deactivation authorized or required by the resource road permit, authorize the holder to do one or both of the following in accordance with the regulations and the resource road permit:

(i) fell Crown timber in some or all of the authorized right of way;

(ii) remove the felled Crown timber.

(2) Without limiting section 104, the authority may, in a resource road permit, set a period during which the resource road permit remains in effect.

(3) If a resource road permit includes an authorization to remove Crown timber from the authorized right of way under subsection (1) (d) of this section, Parts 5, 6, 7 and 11.1 of the Forest Act apply as if the holder of the resource road permit were the holder of a Forest Act agreement that required payment of stumpage.

Notification to designated maintainer

18  (1) If the authority issues a resource road permit in relation to a resource road and that resource road permit does not include a maintenance condition in relation to the resource road, the authority must notify the person to whom the resource road permit is issued of the identity of the designated maintainer, if any, of that resource road.

(2) A person to whom a resource road permit referred to in subsection (1) is issued in relation to a resource road must, at least the prescribed number of days before undertaking on the resource road any of the uses authorized for that resource road by the resource road permit, give to the designated maintainer, if any, of that resource road notice of

(a) the issuance of the resource road permit,

(b) the nature and extent of the person's proposed use of the resource road,

(c) the date on which the person intends to begin using the resource road and the anticipated period of that use,

(d) the term, if any, of the resource road permit,

(e) any modifications the person wishes the designated maintainer to make to the resource road, and

(f) any other prescribed information.

(3) Section 27 applies to any modification requested under subsection (2) (e) of this section.

Division 2 — Amendment of Road Authorizations

Applying for amendment of road authorization

19  (1) The authority may by order amend a road authorization

(a) on application by the holder of the road authorization, or

(b) in a circumstance set out in this Act or the regulations, on the authority's own motion.

(2) To apply for an amendment of a road authorization, a holder must

(a) submit an application

(i) in a form approved by the authority, and

(ii) that contains the information and records referred to in subsection (3), and

(b) submit with the application

(i) the prescribed fee, if any, and

(ii) the prescribed type and amount of security, if any.

(3) A person making an application for an amendment of a road authorization

(a) must, in the application,

(i) indicate the amendment being sought,

(ii) include information that identifies, in the prescribed manner, the resource road to which the amendment applies,

(iii) if

(A) the amendment is to authorize the applicant to construct one or more resource roads, or

(B) the amendment is to authorize modification of a resource road and the authorized right of way must be altered to accommodate the modifications,

include, for each resource road to be constructed or modified, a map satisfactory to the authority that indicates the area the applicant wishes to have shown or described in the amended road authorization as the right of way within which the resource road may be constructed or modified, and

(iv) if the amendment is to authorize the applicant to change the use of the resource road that is authorized by the road authorization, include, in accordance with the regulations, information on the use of the resource road that is to be authorized by the road authorization, including the nature and extent of that use, and

(b) must submit to the authority any other prescribed information and records.

Amendment of road authorization

20  (1) Subject to subsection (5), after receiving an application to amend a road authorization, the authority may by order amend the road authorization if

(a) the authority is satisfied that the application

(i) is consistent with the prescribed criteria,

(ii) meets the requirements of section 19 (2) (a) and (3), and

(iii) is accompanied by the fee, if any, and security, if any, required under section 19 (2) (b),

(b) the authority is satisfied that the amendment sought is consistent with this Act and the regulations,

(c) the authority is satisfied that the applicant meets the requirements prescribed for the purposes of this subsection,

(d) the authority has not determined, under section 15, that the applicant is ineligible to receive a permit, and

(e) in the case of an amendment to authorize construction of a resource road, the authority is satisfied that

(i) the applicant is authorized under an agreement with government to pursue an industrial purpose or has a prescribed authorization, and

(ii) the construction of the resource road is necessary to give effect to the authorization referred to in subparagraph (i) of this paragraph.

(2) Despite subsection (1), after receiving from a holder of one or more prescribed Forest Act agreements an application to amend the applicant's road authorization, the authority, subject to subsection (5), must by order amend the road authorization if

(a) the authority is satisfied that the application

(i) is consistent with the prescribed criteria,

(ii) meets the requirements of section 19 (2) (a) and (3), and

(iii) is accompanied by the fee, if any, and security, if any, required under section 19 (2) (b),

(b) the authority is satisfied that the amendment sought is consistent with this Act and the regulations,

(c) the authority is satisfied that the applicant meets the requirements prescribed for the purposes of this subsection,

(d) the authority has not determined, under section 15, that the applicant is ineligible to receive a permit, and

(e) the authority is satisfied that there is, for each of the resource roads in relation to which the amendment is to be made, a relationship between one or more of the Forest Act agreements and that resource road.

(3) Despite subsection (1), after receiving an application to amend a road authorization in prescribed circumstances, the authority, subject to subsection (5), must by order amend the road authorization if

(a) the authority is satisfied that the application

(i) is consistent with the prescribed criteria,

(ii) meets the requirements of section 19 (2) (a) and (3), and

(iii) is accompanied by the fee, if any, and security, if any, required under section 19 (2) (b),

(b) the authority is satisfied that the amendment sought is consistent with this Act and the regulations,

(c) the authority is satisfied that the applicant meets the requirements, if any, prescribed for the purposes of this subsection, and

(d) the authority has not determined, under section 15, that the applicant is ineligible to receive a permit.

(4) If the authority amends a road authorization to authorize the holder of the road authorization to use a resource road that the holder was not, before the amendment, authorized to use and the amended road authorization does not include a maintenance condition applicable to that resource road, the following apply as if the amendment of the road authorization were the issuance of a resource road permit in relation to the resource road:

(a) section 18 (1) and (3);

(b) section 18 (2).

(5) If the authority determines that the amendment of a road authorization would compromise government objectives as specified by the regulations, the authority must refuse the application to amend the road authorization.

Request for modifications

21  If a road authorization is amended in relation to a resource road, the holder of the road authorization may give, to the designated maintainer, if any, of the resource road, notice of any modifications the holder wishes the designated maintainer to make to the resource road, and section 27 applies.

Amendment of road authorization to surrender rights

22  (1) Without limiting any other power of the authority to amend a road authorization under this Part, the authority, on application, may by order amend a road authorization under this section in relation to a resource road if

(a) the holder of the road authorization is a non-maintaining user of the resource road, or

(b) the holder of the road authorization is the designated maintainer of the resource road and the maintenance condition applicable to the resource road is a surrender condition.

(2) A holder of a road authorization referred to in subsection (1) (b) must not make an application under this section unless the resource road meets the condition, if any, described under section 40 (2).

(3) To apply for an amendment of a road authorization under this section, the holder must submit an application

(a) in a form approved by the authority, and

(b) that contains the information and records referred to in subsection (4).

(4) A person making an application for an amendment of a road authorization under this section

(a) must include in the application

(i) information that identifies, in the prescribed manner, the resource road to which the amendment applies, and

(ii) if the person is a designated maintainer referred to in subsection (1) (b), a statement that the resource road meets the condition, if any, described under section 40 (2), and

(b) must submit to the authority any other prescribed information and records.

(5) After receiving an application under this section to amend a road authorization, the authority may by order amend the road authorization if the authority is satisfied that the application meets the requirements of subsections (3) and (4).

(6) An order under this section amending a road authorization must specify the date on which the amendment is to take effect and, on that date, the road authorization is amended

(a) to remove all of the authorizations that, under the road authorization, were provided to the holder in relation to the resource road, and

(b) subject to sections 49 and 50 (b) and Part 10, to remove

(i) all of the holder's obligations in relation to the resource road, including the maintenance condition, if any, and

(ii) any terms and conditions imposed by the road authorization on the holder in relation to the resource road.

(7) The specified date referred to in subsection (6) must fall within the period prescribed for the purposes of this subsection.

(8) If the authority amends a road authorization of a non-maintaining user under subsection (1) (a), the non-maintaining user must promptly give notice of that amendment to the designated maintainer of the resource road, if any.

(9) If the authority amends a road authorization of a designated maintainer under subsection (1) (b) and there are one or more non-maintaining users of that resource road, the authority

(a) may impose, under section 43, a maintenance condition in relation to the resource road on one of those non-maintaining users, or

(b) if a maintenance condition is not imposed, under section 43, in relation to the resource road on one of those non-maintaining users, must

(i) notify the non-maintaining users that there is no designated maintainer of the resource road, and

(ii) if section 38 (2) applies, notify them that that section applies.

(10) If, as a result of an amendment under subsection (1) of this section, there is no resource road to which the amended road authorization applies, the road authorization is deemed to expire on the specified date referred to in subsection (6).

Division 3 — Transfer of Road Authorization

Circumstances in which transfer may occur

23  (1) In prescribed circumstances, if a holder of a road authorization wishes to transfer the road authorization to another person, the person wishing to obtain the road authorization must apply to the authority.

(2) To apply for a transfer under subsection (1), a person must

(a) submit an application in accordance with the regulations

(i) in a form approved by the authority, and

(ii) that contains the information and records referred to in subsection (3), and

(b) submit with the application

(i) the prescribed fee, if any, and

(ii) the prescribed type and amount of security, if any.

(3) A person making an application for a transfer of a road authorization must submit to the authority

(a) a consent to the transfer from the holder of the road authorization, and

(b) any other prescribed information and records.

(4) Subject to subsection (8), after receiving an application under subsection (1) for a transfer of a road authorization, the authority may by order transfer the road authorization if

(a) the authority is satisfied that the application

(i) meets the requirements of subsections (2) (a) and (3), and

(ii) is accompanied by the fee, if any, and security, if any, required under subsection (2) (b),

(b) the authority is satisfied that the applicant meets the requirements prescribed for the purposes of this subsection,

(c) the authority has not determined, under section 15, that the applicant is ineligible to receive a resource road permit, and

(d) in the case of a road authorization that authorizes construction of a resource road, the authority is satisfied that

(i) the applicant is authorized under an agreement with government to pursue an industrial purpose or has a prescribed authorization, and

(ii) the construction of the resource road is necessary to give effect to the authorization referred to in subparagraph (i) of this paragraph.

(5) Despite subsection (4), after receiving an application under subsection (1) for the transfer of a road authorization that relates to one or more resource roads to a holder of one or more prescribed Forest Act agreements, the authority, subject to subsection (8), must by order transfer the road authorization to the applicant if

(a) the authority is satisfied that the application

(i) meets the requirements of subsections (2) (a) and (3), and

(ii) is accompanied by the fee, if any, and security, if any, required under subsection (2) (b),

(b) the authority is satisfied that the applicant meets the requirements prescribed for the purposes of this subsection,

(c) the authority has not determined, under section 15, that the applicant is ineligible to receive a resource road permit, and

(d) the authority is satisfied that there is, for each of the resource roads in relation to which the road authorization applies, a relationship between one or more of the Forest Act agreements and that resource road.

(6) Despite subsection (4), after receiving an application under subsection (1) for a transfer of a road authorization in prescribed circumstances, the authority, subject to subsection (8), must by order transfer the road authorization to the applicant if

(a) the authority is satisfied that the application

(i) meets the requirements of subsections (2) (a) and (3), and

(ii) is accompanied by the fee, if any, and security, if any, required under subsection (2) (b),

(b) the authority is satisfied that the applicant meets the requirements prescribed for the purposes of this subsection, and

(c) the authority has not determined, under section 15, that the applicant is ineligible to receive a resource road permit.

(7) After a transfer of a road authorization under this section, the person to whom the transfer was made must, for each resource road to which the road authorization applies, give notice of the transfer to,

(a) if the road authorization includes a maintenance condition in relation to the resource road, the non-maintaining users, or

(b) if the road authorization does not include a maintenance condition in relation to the resource road, the designated maintainer.

(8) If the authority determines that the transfer of a road authorization would compromise government objectives as specified by the regulations, the authority must refuse the application for the transfer.

Part 5 — Construction, Modification and Use
of Resource Roads

Division 1 — Construction and Modification of Resource Roads

Construction and modification of resource roads

24  A person who, being authorized or ordered to do so under section 9 (1) (b), (c) or (d), constructs or modifies a resource road must

(a) construct or modify the resource road in accordance with

(i) this Act,

(ii) the regulations, and

(iii) the person's road authorization, if any,

(b) make and keep prescribed records in accordance with the regulations, and

(c) submit prescribed reports to the authority in accordance with the regulations.

Construction and modification requirements applicable to all resource roads

25  Without limiting section 24, a person who, being authorized or ordered to do so under section 9 (1) (b), (c) or (d), constructs or modifies a resource road must, unless this Act or the regulations otherwise provide, ensure that

(a) the prescribed requirements respecting the following are complied with in relation to the construction or modification:

(i) the location of the resource road in relation to natural and other features in the authorized right of way;

(ii) the drainage patterns and revegetation in the authorized right of way;

(iii) the design and building of bridges, culverts, fords and other structures and works associated with the resource road;

(iv) the design and installation of culverts and other drainage structures associated with the resource road,

(b) the clearing width for the resource road complies with the regulations, and

(c) the road prism and all access structures related to the resource road are stable.

Requirement to construct resource road if new application for construction permit is sought

26  (1) In this section:

"applicant" means a person whose application for the issuance or amendment of a road authorization is referred to in subsection (2);

"holder" means a person, referred to in subsection (2), to whom a road authorization has been issued that authorizes construction of a resource road.

(2) If, after a person has been issued a road authorization that authorizes construction of a resource road in the authorized right of way applicable to that resource road, the authority receives an acceptable application from a person for the issuance of a resource road permit, or for the amendment of a road authorization, that is to authorize construction of a resource road in some or all of the same right of way, the authority must, if the holder has not yet completed construction of the resource road, give to the holder a notice that complies with subsection (3).

(3) A notice referred to in subsection (2) must

(a) advise the holder of the new application,

(b) indicate the period within which the authority believes construction of the resource road should be completed, and

(c) request the holder to advise the authority, in writing, within 2 weeks after the holder's receipt of the notice, of

(i) the date, within the period referred to in paragraph (b), by which the holder intends to complete construction of the resource road, or

(ii) if the holder intends to complete the construction of the resource road by some later date, the date by which the construction is to be completed and the reason that the construction cannot reasonably be completed within the period referred to in paragraph (b).

(4) After expiry of the 2-week period referred to in subsection (3), or after receipt of the holder's advice requested under that subsection, whichever is earlier, the authority may,

(a) if the holder has advised the authority that the holder will complete construction of the resource road by a specified date within the period referred to under subsection (3) (b) or by a later date referred to under subsection (3) (c) (ii) that the authority considers reasonable,

(i) order the holder to complete the construction by that date, and

(ii) do the following:

(A) if the applicant's application was for the issuance of a resource road permit, issue to the applicant a resource road permit that does not contain an authorization to construct some or all of the resource road;

(B) if the applicant's application was for the amendment of a road authorization, by order make the amendments sought by the application other than an amendment to include in the applicant's road authorization an authorization to construct some or all of the resource road, or

(b) if the holder does not provide the advice referred to in paragraph (a),

(i) do the following:

(A) if the applicant's application was for the issuance of a resource road permit, issue to the applicant a resource road permit that contains an authorization to construct some or all of the resource road;

(B) if the applicant's application was for the amendment of a road authorization, by order make the amendments sought by the application including the amendment to include in the applicant's road authorization an authorization to construct some or all of the resource road, and

(ii) order the applicant to complete the construction by the end of the period referred to in subsection (3) (b).

(5) If the authority issues a resource road permit to the applicant under subsection (4) (b) (i) (A) or amends the applicant's road authorization under subsection (4) (b) (i) (B), the authority must by order amend the holder's road authorization to remove the authorization to construct the portion of the resource road referred to in the applicant's road authorization under subsection (4) (b).

If designated maintainer does not make requested modifications to resource road

27  If a non-maintaining user of a resource road who has given a notice to the designated maintainer of any modifications the person wishes the designated maintainer to make to the resource road under section 18 (2) (e), 20 (4) (b), 21 or 32 (2) notifies the authority that the designated maintainer has not made the requested modifications,

(a) the authority, in prescribed circumstances, may by order amend the road authorization of the non-maintaining user to authorize that non-maintaining user, for a specified period, to make, to some or all of the resource road, the modifications requested under section 18 (2) (e), 20 (4) (b), 21 or 32 (2), and

(b) if the authority amends the non-maintaining user's road authorization under paragraph (a) of this section, the authority must by order amend the designated maintainer's road authorization to remove from the designated maintainer's road authorization the authorization, for the specified period, to modify the portion of the resource road referred to under paragraph (a).

Division 2 — Use of Resource Roads

Resource roads must be used safely

28  (1) A person who uses a resource road must do so

(a) with due regard for safety, having regard to all circumstances, including

(i) the nature and condition of the resource road, and

(ii) the use to which it is being put, including the amount of traffic that is, or might reasonably be expected to be, on it, and

(b) in a manner consistent with

(i) this Act and the regulations, and

(ii) the person's road authorization, if any.

(2) If a resource road is damaged as a result of a person's contravention of subsection (1), the authority may, in addition to any other remedy available at law, order the person to pay to the designated maintainer of the resource road, or, if none, to the government, the reasonable cost of repairing the damage.

Power to temporarily close resource road, restrict access or remove motor vehicles or animals

29  (1) In prescribed circumstances, the designated maintainer of a resource road or a prescribed person may, and, at any time, the authority may,

(a) temporarily close the resource road, or

(b) restrict persons from using the resource road for specified purposes or for specified activities.

(2) The designated maintainer of a resource road or the authority may remove a motor vehicle, animal or thing from the resource road at the expense of the owner of the motor vehicle, animal or thing if the designated maintainer or the authority believes that the presence on the resource road of the motor vehicle, animal or thing may

(a) cause damage to the resource road or the environment,

(b) endanger

(i) human life, or

(ii) property, or

(c) prevent or impede a person from using the resource road for an activity authorized under this Act.

(3) A designated maintainer or prescribed person who, under subsection (1), temporarily closes a resource road or restricts its use must

(a) temporarily close the resource road or restrict its use in accordance with the regulations,

(b) promptly give notice of that temporary closure or restriction to

(i) the authority, and

(ii) any prescribed persons specified by the authority, and

(c) reopen the resource road or remove the restriction promptly after

(i) the justification for that temporary closure or restriction ceases to apply, or

(ii) the authority orders the reopening or removal.

(4) Unless authorized to do so under this Act or another enactment, a person must not

(a) use a resource road while the resource road is temporarily closed under this section, or

(b) use a resource road for a purpose or activity contrary to a restriction imposed under this section.

(5) Nothing in this section

(a) affects the right of a peace officer or the government, including without limitation, the authority, to use a resource road at any time, or

(b) authorizes the removal from a resource road of any motor vehicle, animal or thing of a peace officer or the government, including without limitation, the authority.

Power to discontinue resource road

30  (1) In prescribed circumstances and with the written approval of the applicable ministers, the authority by order may, in the manner prescribed by the regulations, discontinue all or any part of a resource road.

(2) An order discontinuing all or any part of a resource road takes effect on the date specified in the order, and, on that date, the resource road or part ceases to be a resource road.

Right of access

31  (1) A person, other than the government, must not restrict or impair another person's right to access or use a resource road unless

(a) authorized to do so under this Act or another enactment, or

(b) the restriction or impairment

(i) results from any construction, modification, maintenance, use, deactivation or other activity that the person is authorized or required to do under this Act, and

(ii) is reasonable in the circumstances.

(2) A person who is entitled under subsection (1) (a) or (b) to restrict or impair the right of a holder of a road authorization applicable to a resource road to access or use the resource road must, if the person expects to restrict or impair that access or use for at least the period prescribed for the purposes of this subsection, give to the holder of the road authorization and to the authority notice, in accordance with the regulations, of the proposed restriction or impairment.

Changing level of use of resource road

32  (1) If

(a) a non-maintaining user who is using a resource road in a manner authorized by the non-maintaining user's road authorization proposes to change the level of that use, whether in terms of the frequency of that use, the size or weight of vehicles involved in that use or otherwise, and

(b) the extent of that change in the level of the use is such that the non-maintaining user knows or ought to know that the new level of use will affect the maintenance or modification obligations of the designated maintainer of the resource road,

the non-maintaining user must, except in prescribed circumstances, give notice of that new level of use, in accordance with the regulations, to the designated maintainer as soon as reasonably practicable before changing the level of use.

(2) A non-maintaining user of a resource road may include in any notice given to the designated maintainer under subsection (1) notice of any modifications the non-maintaining user wishes the designated maintainer to make to the resource road, and section 27 applies.

Resolving non-compatible uses

33  (1) If a holder of a road authorization applicable to a resource road believes that, because of the use made of the resource road by other holders of road authorizations applicable to that resource road, the holder cannot fully or effectively make the use of the resource road that the holder is authorized to make by the holder's road authorization, the holder may submit a complaint to that effect to the authority.

(2) After receipt of a complaint under subsection (1) from a holder of a road authorization applicable to a resource road, the authority may request one or more of the other holders of road authorizations applicable to the resource road to provide a response to the complaint.

(3) The authority may make any order to respond to a complaint under this section that the authority is authorized to make under the regulations.

High traffic roads

34  (1) At any time, the authority may by order designate an existing or proposed resource road as a high traffic road, generally or for a period specified in the order, if the authority considers that

(a) there is or may be a large number of persons using the resource road for industrial purposes,

(b) there is or may be a high level of traffic of motor vehicles using the resource road for industrial purposes, or

(c) the resource road meets any of the prescribed criteria.

(2) For an existing or proposed resource road designated as a high traffic road, the authority may, in the order referred to in subsection (1),

(a) establish measures, respecting the use of the high traffic road, to

(i) improve the flow of traffic on the high traffic road, and

(ii) improve safety of persons using the high traffic road for an industrial purpose, and

(b) in prescribed circumstances, establish other measures respecting the use of the high traffic road that have been prescribed for the purposes of this paragraph.

(3) After making an order under subsection (1), the authority must give notice of the order to the persons and in the manner prescribed by the regulations, and the order takes effect at the time prescribed.

(4) If measures are established in relation to a resource road by an order referred to in subsection (1), each person who holds a road authorization applicable to the resource road and every other person who is subject to the order must comply with the measures.

(5) A measure established in an order referred to in subsection (1) in relation to a high traffic road remains in effect until the first to occur of the following:

(a) the period, if any, specified in the order expires;

(b) the order is rescinded under subsection (6);

(c) the measure is rescinded under subsection (6).

(6) If the authority by order amends or rescinds

(a) an order referred to in subsection (1) that designates a resource road as a high traffic road, or

(b) any measure referred to in subsection (2) in relation to a high traffic road,

the authority must promptly give notice of the amendment or rescission order in accordance with the regulations to the persons and in the manner prescribed by the regulations.

Part 6 — Maintenance of Resource Roads

Division 1 — Who Must Maintain Resource Road

Person responsible for maintenance of resource road

35  (1) The following person must maintain a resource road until that requirement is removed, or the person is released from that requirement, under this Act:

(a) if a maintenance condition applicable to the resource road is attached to a person's road authorization, the person holding that road authorization must maintain the resource road;

(b) if paragraph (a) does not apply but under the enactment under which a person's road authorization was issued, including under any terms or conditions imposed on that person under that enactment, the person was, immediately before the coming into force of this section, required to do one of the following:

(i) deactivate the resource road on or before a specified date or within a specified period and to maintain the resource road until its deactivation;

(ii) deactivate the resource road and to maintain the resource road until its deactivation;

(iii) maintain the resource road until the road authorization is surrendered, or amended in a manner comparable to that referred to in section 22 (6), in relation to that resource road;

(iv) maintain the resource road for an unspecified period,

the person holding that road authorization must maintain the resource road.

(2) For the purposes of this Act and the regulations,

(a) a requirement referred to in subsection (1) (b) (i) of this section is deemed to be a dated deactivation condition,

(b) a requirement referred to in subsection (1) (b) (ii) is deemed to be a deactivation condition,

(c) a requirement referred to in subsection (1) (b) (iii) is deemed to be a surrender condition, and

(d) a requirement referred to in subsection (1) (b) (iv),

(i) except in prescribed circumstances, is deemed to be a deactivation condition, and

(ii) in prescribed circumstances, is deemed to be a dated deactivation condition having the prescribed terms and conditions.

Division 2 — What Maintenance Entails

Maintenance requirements

36  The designated maintainer of a resource road must

(a) perform the maintenance required by

(i) this Act,

(ii) the regulations, and

(iii) the designated maintainer's road authorization,

(b) without limiting paragraph (a) but subject to section 27 (b), modify the resource road when and as necessary to ensure that the resource road meets the requirements of this Act and the regulations, and

(c) without limiting paragraph (a) or (b) of this section, except in prescribed circumstances, perform the maintenance and undertake the modifications necessary to ensure that

(i) the clearing width for the resource road complies with the regulations,

(ii) the road prism and all access structures related to the resource road are stable,

(iii) the bridges, culverts, fords and other structures and works associated with the resource road are appropriate and functional,

(iv) the resource road can be used safely by all holders of road authorizations applicable to the resource road, and

(v) the resource road otherwise meets the requirements of this Act and the regulations.

Additional maintenance or modification requirements

37  (1) In prescribed circumstances, the authority by order may, with the written approval of an applicable minister, require the designated maintainer of a resource road to carry out maintenance or modification of that resource road that is additional to the maintenance or modification activities the designated maintainer is otherwise required to perform under this Act.

(2) If the authority requires additional maintenance or modification under subsection (1),

(a) the designated maintainer must, despite any other provision of this Act or the regulations, promptly carry out the additional maintenance or modification, and

(b) the applicable minister who gave the approval referred to in subsection (1) must fund that additional maintenance or modification in the amounts and at the times prescribed.

Division 3 — Contribution to Maintenance and Capital Costs

Non-maintaining users must contribute maintenance fees

38  (1) Subject to subsection (2), each non-maintaining user of a resource road must, unless exempted under this Act, pay to the designated maintainer of that resource road maintenance fees

(a) in accordance with the terms of any agreement in effect between the non-maintaining user and the designated maintainer respecting the payment of maintenance fees, or

(b) if there is no agreement under paragraph (a), in the amounts and at the times prescribed.

(2) If there is no designated maintainer of a resource road, each non-maintaining user of the resource road must, except in prescribed circumstances, pay to the government maintenance fees

(a) in the amounts and at the times agreed between the non-maintaining user and the government, or

(b) if there is no agreement under paragraph (a), in the amounts and at the times prescribed.

User may contribute to recovery of capital costs

39  (1) In this section, "road builder" means a holder of a road authorization applicable to a resource road who constructed or modified the resource road.

(2) A road builder may, in prescribed circumstances, require another holder of a road authorization applicable to the resource road constructed or modified by the road builder to reimburse the road builder for capital costs, if those capital costs were incurred by the road builder in relation to that construction or modification and were not reimbursed to the road builder under section 37 (2) (b),

(a) in the amounts and at the times agreed between the holder and the road builder, or

(b) if there is no agreement under paragraph (a), in the circumstances and amounts and at the times prescribed.

(3) If the government constructed or modified a resource road, the government may, in prescribed circumstances, require a holder of a road authorization applicable to the resource road to reimburse the government for capital costs, if those capital costs were incurred by the government in relation to the construction or modification of that resource road,

(a) in the amounts and at the times agreed between the holder and the government, or

(b) if there is no agreement under paragraph (a), in the circumstances and amounts and at the times prescribed.

(4) A holder of a road authorization who is required to make a payment under subsection (2) or (3) must make that payment when and as required.

(5) A person must not, under subsection (2) or (3), obtain from holders of road authorizations applicable to a resource road payments that, in total, exceed the capital costs incurred by the person in relation to the construction or modification of the resource road.

Division 4 — Imposing and Transferring Maintenance Conditions

When maintenance conditions are attached

40  (1) Subject to section 41 (4), when issuing or amending a road authorization applicable to a resource road, the authority

(a) must, in prescribed circumstances, attach to the road authorization a term or condition requiring the holder

(i) to deactivate the resource road on or before a specified date or within a specified period, and

(ii) to maintain the resource road until the holder begins the deactivation of the resource road required under subparagraph (i) of this paragraph and then to maintain the resource road in accordance with section 47 (1) until released from that obligation under section 47 (3),

(b) must, if paragraph (a) does not apply and the road authorization authorizes the holder to construct a resource road, attach to the road authorization a term or condition requiring the holder to deactivate the resource road and to do whichever of the following is applicable:

(i) maintain the resource road in accordance with section 47 (1) until released from that obligation under section 47 (3);

(ii) if, under section 45 (4) (c) or (5) (b), the holder is released from the obligation to deactivate the resource road, maintain the resource road until the holder's road authorization ceases to apply to the resource road under section 45 (7) (c), and

(c) may, in any other circumstance, attach to the road authorization

(i) a term or condition referred to in paragraph (b), or

(ii) a term or condition requiring the holder to maintain the resource road until the obligation to maintain that resource road is removed under section 22 (6) (b).

(2) If and to the extent provided in the regulations, the authority may, in accordance with the regulations, include in any surrender condition attached to a road authorization a description of the condition the resource road must be in at the time the road authorization is amended under section 22 (1).

Attaching maintenance conditions

41  (1) If the authority receives an application for the issuance or amendment of a road authorization in relation to a resource road and the authority determines that a maintenance condition should or must, in relation to the resource road, be attached to any road authorization that is issued or amended by the authority in response to the application, the authority must, unless the applicant has, in the application or otherwise, already agreed to accept the maintenance condition, do the following before issuing or amending the road authorization:

(a) give notice of the determination to the applicant, setting out the maintenance condition the authority considers should or must be attached to the road authorization in relation to that resource road;

(b) obtain the applicant's written acceptance of that maintenance condition.

(2) If an applicant for the issuance or amendment of a road authorization to whom notice is given under subsection (1) (a) gives to the authority the written acceptance referred to in subsection (1) (b) or has already agreed to accept the maintenance condition referred to in subsection (1), the authority

(a) may, and in prescribed circumstances must, issue or amend the road authorization,

(b) must, subject to this section, attach to that road authorization in relation to the resource road the maintenance condition accepted by the applicant, and

(c) must give to all non-maintaining users of that resource road notice of

(i) the issuance or amendment of the road authorization under this section, and

(ii) the maintenance condition attached to it.

(3) If an applicant to whom notice is given under subsection (1) (a) has not agreed to accept the maintenance condition referred to in subsection (1) in relation to the resource road and does not, within 7 days after receiving the notice, give to the authority the written acceptance referred to in subsection (1) (b) in relation to the resource road, the applicant's application is deemed to have been withdrawn in relation to that resource road.

(4) If, at the time that the authority attaches to a road authorization a maintenance condition applicable to a resource road, there is a designated maintainer of the resource road, the authority must by order amend the road authorization of the designated maintainer to remove from it the maintenance condition applicable to the resource road.

General transfer of maintenance condition from one user to another by agreement

42  (1) If a road authorization includes or is subject to a maintenance condition in relation to a resource road, the designated maintainer may enter into an agreement with a non-maintaining user of the resource road under which the designated maintainer's maintenance condition applicable to the resource road is to be transferred to the non-maintaining user.

(2) If a designated maintainer and a non-maintaining user enter into an agreement referred to in subsection (1), written notice of that agreement must be given to the authority.

(3) Notice given to the authority under subsection (2) must

(a) include the prescribed information and records, if any, and

(b) except in prescribed circumstances, be accompanied by

(i) the prescribed fee, if any, and

(ii) the prescribed type and amount of security, if any.

(4) After receiving a notice under subsection (2), the authority may by order amend the road authorizations of each of the parties to the agreement referred to in subsection (1) to reflect the transfer of the maintenance condition if

(a) the authority is satisfied that the notice

(i) meets the requirements of subsection (3) (a), and

(ii) is accompanied by the fee, if any, and security, if any, required under subsection (3) (b),

(b) the authority is satisfied that the non-maintaining user to whom the maintenance condition is to be transferred meets the requirements prescribed for the purposes of this subsection, and

(c) the authority has not determined, under section 15, that the non-maintaining user to whom the maintenance condition is to be transferred is ineligible to receive a resource road permit.

(5) After an order is made under subsection (4),

(a) the authority must promptly identify to the non-maintaining user to whom the maintenance condition is being transferred all of the non-maintaining users of the resource road, and

(b) the non-maintaining user to whom the maintenance condition is being transferred

(i) becomes the designated maintainer of the resource road on the effective date of the amendments referred to in subsection (4), and

(ii) must notify the other non-maintaining users of the resource road of the order.

(6) If the authority is not satisfied as required by subsection (4), the authority must so advise the parties to the agreement and the designated maintainer remains the designated maintainer of the resource road.

Transfer of maintenance condition from one user to another by order

43  (1) If a road authorization includes or is subject to a maintenance condition in relation to a resource road, the authority may by order, in prescribed circumstances and in accordance with the regulations,

(a) amend the road authorization of the designated maintainer to remove, generally or for a specified period, the maintenance condition applicable to the resource road, and

(b) amend the road authorization of a non-maintaining user of the resource road to attach, generally or for a specified period, a maintenance condition applicable to the resource road.

(2) If the authority makes an order under subsection (1),

(a) the authority must give notice of that order and the date that it takes effect (in this subsection, the "transfer date") to the person who will cease to be the designated maintainer and to the person who will become the new designated maintainer,

(b) the non-maintaining user referred to in subsection (1) (b) becomes, on the transfer date, the designated maintainer of the resource road generally or for the specified period,

(c) the authority must identify to the non-maintaining user referred to in subsection (1) (b) all of the other non-maintaining users, if any, of the resource road, and

(d) the authority must identify the non-maintaining user referred to in subsection (1) (b) to all of the other non-maintaining users, if any, of the resource road and indicate the date on which that person became, or will become, the designated maintainer of the resource road.

Power of authority

44  The authority may exercise its powers under this Act to add a maintenance condition to a road authorization, or to remove or transfer a maintenance condition from a road authorization, whether or not

(a) the road authorization is a resource road permit,

(b) the maintenance condition is included in a road authorization, or

(c) the maintenance condition is a requirement referred to in section 35 (1) (b).

Part 7 — Deactivation of Resource Roads

Deactivation of resource road

45  (1) A person must not deactivate a resource road unless the person is

(a) the government,

(b) the designated maintainer of the resource road whose road authorization includes or is subject to a dated deactivation condition,

(c) the designated maintainer of the resource road whose road authorization includes or is subject to a deactivation condition that specifies that the designated maintainer may deactivate the resource road without applying under this section for an authorization to deactivate,

(d) a designated maintainer, other than a designated maintainer referred to in paragraph (c), whose road authorization includes or is subject to a deactivation condition, or

(e) a person who is ordered to do so under another provision of this Act.

(2) Before deactivating a resource road,

(a) the designated maintainer referred to in subsection (1) (b) or (c)

(i) may give to the authority a deactivation application in a form satisfactory to the authority, and

(ii) in that event, must, before deactivating the resource road, receive from the authority an authorization under subsection (4) (b) or (5) (a) to deactivate the resource road, or

(b) the designated maintainer referred to in subsection (1) (d) must

(i) give to the authority a deactivation application in a form satisfactory to the authority, and

(ii) before deactivating the resource road, receive from the authority an authorization under subsection (4) (b) or (5) (a) to deactivate the resource road.

(3) A deactivation application under subsection (2) (a) (i) or (b) (i) must

(a) identify, in the manner provided by the regulations, the resource road to be deactivated, and

(b) include any other prescribed information and records.

(4) After receiving a deactivation application under subsection (2) that complies with subsection (3), the authority must, in accordance with the regulations, do one of the following:

(a) give public notice of the deactivation application and provide, in accordance with the regulations, an opportunity for public review of and comments on the deactivation application;

(b) by order, authorize the designated maintainer to deactivate the resource road;

(c) by order, release the designated maintainer from the requirement to deactivate the resource road.

(5) After any public consultation process instituted under subsection (4) (a) is complete, the authority must, in accordance with the regulations, do one of the following by order:

(a) authorize the designated maintainer to deactivate the resource road;

(b) release the designated maintainer from the requirement to deactivate the resource road.

(6) If the authority authorizes a designated maintainer to deactivate a resource road under subsection (4) (b) or (5) (a), the authority must give notice of that order to the designated maintainer and may, in that notice, set a date, which date must fall within the period prescribed for the purposes of this subsection, before which the designated maintainer must not undertake any deactivation activities.

(7) If, under subsection (4) (c) or (5) (b), the authority makes an order releasing the designated maintainer from the requirement to deactivate the resource road,

(a) the authority must give notice of that order to the designated maintainer,

(b) in prescribed circumstances, the designated maintainer must pay to the government, within the period prescribed for the purposes of this paragraph, the prescribed deactivation-release fee,

(c) the road authorization of the designated maintainer ceases to apply to the resource road,

(i) subject to subparagraph (ii) of this paragraph, on the later of

(A) the date specified in the order, and

(B) the date on which notice of the order is given to the designated maintainer, or

(ii) if the designated maintainer is required under paragraph (b) to pay a deactivation-release fee, on the latest of

(A) the date specified in the order,

(B) the date on which notice of the order is given to the designated maintainer, and

(C) the date on which the payment is made,

(d) if there are one or more non-maintaining users of the resource road, the authority by order may, in accordance with the regulations, amend the road authorization of one of those non-maintaining users to attach to it a maintenance condition in relation to the resource road, and

(e) one of the following applies:

(i) if the designated maintainer's road authorization applies to one or more other resource roads in addition to the resource road in relation to which the release is provided (in this paragraph, the "released resource road"), the authority must by order amend the designated maintainer's road authorization to do the following effective on the date on which the road authorization of the designated maintainer ceases under paragraph (c) to apply to the released resource road:

(A) remove all of the authorizations that under the road authorization were provided to the designated maintainer in relation to the released resource road;

(B) without limiting sections 49 and 50 (b) and Part 10, remove

(I) all of the designated maintainer's obligations in relation to the released resource road, including the maintenance condition, if any, and

(II) any terms and conditions imposed by the road authorization on the designated maintainer in relation to the released resource road;

(ii) if the designated maintainer's road authorization applies to no resource roads other than the released resource road, the road authorization is deemed to expire on the date on which the road authorization of the designated maintainer ceases under paragraph (c) of this subsection to apply to the released resource road.

Deactivation requirements

46  (1) In order to deactivate a resource road, the designated maintainer

(a) must deactivate the resource road in accordance with

(i) this Act,

(ii) the regulations, and

(iii) the designated maintainer's road authorization,

(b) without limiting paragraph (a), must, except in prescribed circumstances,

(i) barricade the road surface width in a clearly visible manner to prevent access by motor vehicles, other than all-terrain vehicles,

(ii) remove stream pipe culverts and other prescribed culverts,

(iii) remove bridge and culvert superstructures, and

(iv) remove bridge and culvert substructures, if the failure of those substructures would have a material adverse effect on downstream property, improvements or forest resources, and

(c) without limiting paragraph (a), must, in prescribed circumstances, stabilize the road prism and the clearing width of the road.

(2) A resource road is deactivated when it meets the condition prescribed for the purposes of this subsection.

(3) If the road authorization of a person who is authorized or required to deactivate a resource road does not include an authorization to fell Crown timber for that purpose, the person may apply to the authority to amend that person's road authorization to obtain that authorization, and the authority may, if satisfied that Crown timber must be felled in order to allow the authorized deactivation of the resource road, by order amend the road authorization to authorize the designated maintainer to do one or both of the following in accordance with the regulations and the resource road permit:

(a) fell Crown timber in some or all of the authorized right of way;

(b) remove the felled Crown timber.

(4) If a person is authorized under subsection (3) (b) to remove Crown timber from the authorized right of way, Parts 5, 6, 7 and 11.1 of the Forest Act apply as if the person were the holder of a Forest Act agreement that required payment of stumpage.

Requirement to maintain when road is under deactivation

47  (1) A designated maintainer who is authorized under section 45 (1) (b) or (c), (4) (b) or (5) (a) to deactivate a resource road must

(a) maintain any portion of the resource road that is not under deactivation, and

(b) for any portion of the resource road that is under deactivation, maintain the portion but only to the extent necessary to ensure that the portion meets the requirements prescribed for the purposes of this paragraph.

(2) For the purposes of subsection (1), a portion of a resource road is under deactivation when the designated maintainer has

(a) begun but not completed on that portion of the resource road

(i) activities referred to in section 46 (1), or

(ii) activities identified in the regulations as deactivation activities, and

(b) posted, in accordance with the regulations, signage that indicates, in the prescribed manner, that the resource road beyond the signage is under deactivation.

(3) A designated maintainer of a resource road is released from the requirement to maintain the resource road once it has been deactivated.

Notice of deactivation

48  (1) In this section, "notification" means a record prescribed for the purposes of this section.

(2) After a designated maintainer deactivates a resource road, the designated maintainer must give to the authority a notification that includes notice of that deactivation.

(3) If the authority receives a notification referred to in subsection (2), one of the following applies:

(a) if the designated maintainer's road authorization applies to one or more other resource roads in addition to the deactivated resource road, the authority must by order amend the designated maintainer's road authorization to

(i) remove from the road authorization all of the authorizations that, under that road authorization, were provided to the designated maintainer in relation to the deactivated resource road, and

(ii) without limiting sections 49 and 50 (b) and Part 10, remove from that road authorization, effective on the date on which rights are removed under subparagraph (i) of this paragraph,

(A) all of the designated maintainer's obligations in relation to the deactivated resource road, including the maintenance condition, if any, and

(B) any terms and conditions imposed by the road authorization on the designated maintainer in relation to the deactivated resource road;

(b) if the designated maintainer's road authorization applies to no resource roads other than the deactivated resource road, the road authorization is deemed to expire on the authority's receipt of the notification.

Part 8 — Retention and Extinguishment of Liability

Division 1 — No Release by Expiry or Cancellation

Continuing liability

49  (1) If a road authorization expires in relation to a resource road or is cancelled in relation to a resource road,

(a) the person who held the road authorization must, after the date of the expiry or cancellation, do the following in accordance with the regulations:

(i) pay to the government any money owing by the person to the government under this Act in relation to the resource road;

(ii) pay to the designated maintainer, if any, of the resource road any unpaid maintenance fees payable under section 38 in respect of that resource road by the person and any unpaid capital contribution payable under section 39 in respect of that resource road by the person, and

(b) the authority may in respect of any requirement, under this Act or under the road authorization, that the holder was obligated to fulfill but had not fulfilled in relation to the resource road before the expiry or cancellation, order the person who held the road authorization to fulfill that requirement.

(2) Subject to subsection (3) of this section, a person who has been ordered to fulfill a requirement under subsection (1) (b) may enter on Crown land for the purposes of fulfilling the requirement.

(3) Without limiting section 104 but subject to the regulations, if any, made under section 133, the authority may impose on a person wishing to enter on Crown land under subsection (2) of this section any terms and conditions, in relation to the requirement to be fulfilled, that the authority considers appropriate, including that the person provide security.

Offences or penalties not affected

50  None of the following events affects, or relieves a person from the consequences of, any offence or contravention or any related fine, imprisonment, fee, charge or administrative remedy, if the offence or contravention occurred before the event:

(a) the issuance of a resource road permit to the person;

(b) the amendment of the person's road authorization;

(c) a transfer of the person's road authorization;

(d) a transfer under Division 4 of Part 6 of a maintenance condition from the person's road authorization;

(e) a release of the person under section 45 (4) (c) or (5) (b) from the requirement to deactivate a resource road;

(f) a release of the person under section 47 (3) from the requirement to maintain a resource road;

(g) an order of the authority under section 52 exempting the person from complying with a requirement under this Act;

(h) the expiry or cancellation of the person's road authorization.

Division 2 — Exceptions, Exemptions and Declarations

No contravention if required to conform with other enactments

51  A person does not contravene this Act or the regulations by doing or omitting to do something if the act or omission is necessary to conform with the requirements under the Workers Compensation Act or any other prescribed enactment.

Exemptions by authority

52  On application or on its own motion, the authority may by order exempt a person from complying with one or more requirements under this Act, other than a requirement prescribed for the purposes of this section, if the authority is satisfied that, in the circumstances,

(a) it is not reasonably practicable to require the person to comply with the requirement, or

(b) the exemption is authorized by the regulations.

Declarations

53  (1) If one or more requirements under this Act are prescribed for the purposes of this section, a holder of a road authorization may submit to the authority a written declaration stating that a prescribed requirement, identified in the declaration, has been fulfilled.

(2) A declaration under subsection (1) must

(a) be signed

(i) by the holder, or

(ii) on the holder's behalf by an individual authorized in that regard, and

(b) specify the date on which the declaration is made.

(3) Subject to subsections (4) and (5), on the date the authority receives the declaration submitted and signed in accordance with subsections (1) and (2), the holder who submitted the declaration is deemed to have fulfilled the requirement specified in the declaration.

(4) If

(a) within the period, prescribed for the purposes of this subsection, after receiving a declaration submitted by a holder under subsection (1), and

(b) after giving the holder an opportunity to be heard,

the authority determines by order that the requirement specified in the declaration has not been fulfilled, the authority must give written notice of the order to the holder and must include with the notice the reasons for the order.

(5) A holder who submits a declaration under subsection (1) remains responsible for fulfilling the requirement referred to in the declaration if

(a) the authority determines, by order under subsection (4), that the requirement has not been fulfilled and gives notice of that determination in accordance with that subsection, or

(b) the authority, after giving the holder an opportunity to be heard, determines that the holder

(i) made a material misrepresentation or misstatement of fact in the declaration in relation to the requirement, or

(ii) omitted information from the declaration that the holder knew or ought to have known was material to determining whether the requirement had been fulfilled.

Part 9 — Inspections

Definition

54  In this Part, "road authorization records", in relation to a resource road, means

(a) a road authorization applicable to the resource road, and

(b) any other record relating to the resource road that is required to be kept under this Act.

Entry and inspection

55  (1) The authority may, at any reasonable time, enter on land or premises, other than a dwelling house or a room being used as a dwelling, if the authority has reasonable grounds to believe that

(a) the land or premises is an authorized right of way or is otherwise the site of an activity

(i) for which a road authorization or other authorization under this Act is required,

(ii) that is otherwise regulated under this Act, or

(iii) that may affect a resource road or the health or safety of any person using a resource road,

(b) it is necessary to inspect the land or premises in order to determine if

(i) construction, modification, maintenance, deactivation, temporary closure, restriction on use or use of a resource road is being or has been carried out in accordance with this Act, the regulations and an applicable road authorization, or

(ii) an activity, for which an authorization other than a road authorization has been provided or is required under this Act, is being or has been carried out in accordance with this Act, the regulations and the terms and conditions of the authorization, if any, or

(c) it is necessary to inspect the land in order to determine the consequences of

(i) the construction, modification, maintenance, deactivation, temporary closure, restriction on use or use of the resource road, or

(ii) an activity referred to in paragraph (b) (ii).

(2) If the authority enters on land or premises under subsection (1), the authority may

(a) inspect any thing or activity that is reasonably related to the purpose of the inspection, and

(b) require production of road authorization records for the purposes of inspection or copying.

Inspection of motor vehicles

56  (1) The authority or a peace officer may

(a) require a person operating a motor vehicle to stop the motor vehicle, and

(b) carry out an inspection of the motor vehicle and any records required under this Act that are in the person's possession or control,

if the authority or peace officer has reasonable grounds to believe that the person is contravening or has contravened one or more provisions of this Act or the regulations.

(2) A person operating a motor vehicle must stop the motor vehicle when required to do so by the authority or a peace officer under subsection (1) if the authority or peace officer

(a) is in uniform,

(b) displays his or her official identification, or

(c) is in or near a motor vehicle that is readily identifiable as a motor vehicle of the authority or peace officer.

Inspection of records of holder of road authorization

57  (1) The authority may order a holder of a road authorization to produce to the authority records, specified by the authority, related to

(a) any application for a road authorization or other authorization under this Act, or

(b) any matter for which a road authorization or other authorization under this Act is or may be required under this Act.

(2) At any reasonable time, the authority may, for the purpose of inspecting or copying road authorization records, enter the business premises, other than a dwelling house or a room being used as a dwelling, of a holder of a road authorization.

Inspection of records held by others

58  (1) The authority may order a person who is not the holder of a road authorization applicable to a resource road to produce to the authority specified road authorization records applicable to the resource road that are in the person's possession or control.

(2) At any reasonable time, the authority may enter the business premises, other than a dwelling house or a room being used as a dwelling, of a person who is not the holder of a road authorization applicable to a resource road for the purpose of inspecting or copying road authorization records applicable to the resource road that are in the person's possession or control.

Purpose of inspection

59  The authority may exercise a power under section 55, 57 or 58, and the authority or a peace officer may exercise a power under section 56, for any purpose related to the administration or enforcement of this Act or the regulations.

Proof of identity

60  A person who under this Part enters on land or premises, conducts an inspection, requests records or stops a motor vehicle must provide proof of identity if requested to do so by the person who

(a) is in possession or apparent possession of land or premises being inspected,

(b) has apparent possession or control of records or property being sought or inspected,

(c) is in charge of an activity being inspected, or

(d) is operating a motor vehicle stopped under section 56.

Obligation of person inspected

61  A person who

(a) is in possession or apparent possession of land or premises being inspected,

(b) has apparent possession or control of records or property being sought or inspected,

(c) is in charge of an activity being inspected, or

(d) is operating a motor vehicle stopped under section 56

must produce, if and as required by the person conducting the inspection, one or more of

(e) proof of identity, and

(f) road authorization records in the person's possession or control.

Part 10 — Administrative Remedies

Division 1 — Stop Orders and Intervention Orders

Stop order

62  (1) Without limiting any other actions that may be taken under this Part, if the authority has reasonable grounds to believe that a person is contravening this Act or the regulations, the authority may order the person to stop the contravention or to stop the contravention to the extent specified by the order.

(2) An order under subsection (1) takes effect immediately unless the order states otherwise.

(3) An order under subsection (1) may, but need not, be directed to one or more specified persons.

(4) An order under subsection (1) must be in writing and must include all of the following:

(a) the nature of the contravention;

(b) the extent to which the contravention or activity must cease;

(c) the date by which, or the circumstances in which, all or part of the order is to terminate;

(d) notice that there is a right to a review under section 81 or to an appeal under section 87, including the address to which a request for a review or a notice of appeal is to be delivered.

(5) In addition to the methods of giving notice under section 117, if the authority makes an order under subsection (1) of this section, the authority may give the order to a corporation or partnership by giving it to an individual who is working on behalf of the corporation or partnership at the site at which the contravention is or may be occurring.

(6) If an order is given to a corporation or partnership in the manner provided for in subsection (5), the authority must, within a reasonable time, also give a copy of the order to the corporation or partnership in accordance with section 117.

(7) After making an order under subsection (1), the authority must rescind all or part of the order if the authority determines that there were insufficient grounds for making the rescinded portion of the order.

(8) Section 105 does not apply to an order made under this section.

Intervention order

63  (1) Without limiting any other actions that may be taken under this Part, the authority may order a person to

(a) stop, in the manner and to the extent that the authority considers reasonable in the circumstances, an act or omission of the person if the authority reasonably believes that

(i) the act or omission, if not stopped, will result in a contravention of this Act or the regulations, and

(ii) the contravention referred to in subparagraph (i) will or probably will cause prescribed adverse effects, or

(b) undertake, in the manner and to the extent that the authority considers reasonable in the circumstances, an action if the authority reasonably believes that

(i) the action will avoid a contravention of this Act or the regulations, and

(ii) the contravention referred to in subparagraph (i) will or probably will cause prescribed adverse effects.

(2) An order under subsection (1) must include all of the following:

(a) the nature of the contravention that the authority believes will result if

(i) the act or omission referred to in subsection (1) (a) is not stopped, or

(ii) the action referred to in subsection (1) (b) is not undertaken;

(b) the activities that must be stopped or undertaken;

(c) the date by which, or the circumstances in which, the order under subsection (1) is to terminate;

(d) notice of the person's right to a review under section 81 or to an appeal under section 87, including the address to which a request for a review or a notice of appeal is to be delivered.

(3) If the authority determines that all or part of an order under subsection (1) is no longer necessary, the authority must rescind the order except those aspects, if any, that the authority determines are still necessary.

(4) The Lieutenant Governor in Council may prescribe the circumstances in which and the conditions on which a person who has stopped an act or omission under subsection (1) (a) or undertaken an action under subsection (1) (b) may recover all or part of the direct costs incurred in doing so.

Peace officers may accompany

64  The authority exercising powers or performing duties under this Division or Part 9 may be accompanied by a peace officer.

Division 2 — Consent Agreements

Consent agreements

65  (1) If the authority and a holder of a road authorization or other authorization under this Act agree that the holder or an employee, contractor or agent of the holder may be contravening or may have contravened this Act or the regulations, the authority and the holder may enter into a consent agreement under which

(a) the holder agrees to do one or more of the following:

(i) carry out remedial measures specified in the agreement;

(ii) act, or cease from acting, in the manner specified in the agreement;

(iii) take any measures specified in the agreement to prevent

(A) the event that may be or may have been a contravention from continuing, or

(B) a similar event from occurring in the future;

(iv) pay to the government an amount of money that is specified in the agreement, whether or not that amount includes, is or may be considered to be or to include

(A) a penalty,

(B) payment for costs or expenses incurred by the authority, or

(C) any other amount, and

(b) the authority agrees not to make any determinations under Division 3 with respect to the event that may be or may have been a contravention unless the holder does not comply with the agreement.

(2) A holder of a road authorization or other authorization under this Act who enters into a consent agreement under subsection (1) must comply with the agreement.

Division 3 — Contraventions

Contravention orders

66  (1) If the authority believes that a person may have contravened this Act or the regulations, the authority may give to the person a notice in accordance with subsection (2).

(2) A notice referred to in subsection (1) must

(a) identify the alleged contravention,

(b) if the authority believes that, if the alleged contravention is found, the authority may consider suspending or cancelling, under section 68, some or all of the authorizations in the person's road authorization or other authorization under this Act, indicate that fact,

(c) offer the person an opportunity to be heard in relation to the alleged contravention, and

(d) indicate that the authority may, by order under subsection (3) of this section, find that the contravention has occurred and impose an administrative remedy for that contravention unless, within 30 days after the person's receipt of the notice, the person arranges with the authority a satisfactory date and manner for the offered opportunity to be heard.

(3) If a person who is given a notice under subsection (1) does not, within 30 days after the receipt of the notice, arrange with the authority a satisfactory date and manner for the offered opportunity to be heard, the authority may

(a) by order find that the contravention has or has not occurred, and

(b) if a contravention is found,

(i) refrain from imposing an administrative remedy under section 68, or

(ii) subject to subsection (5) of this section, by order impose one or more of the administrative remedies referred to in section 68 for the contravention.

(4) If a person who is given a notice under subsection (1) does, within 30 days after the receipt of the notice, arrange with the authority a satisfactory date and manner for the offered opportunity to be heard, the authority may, after that date,

(a) by order find that a contravention has or has not occurred, and

(b) if a contravention is found,

(i) refrain from imposing an administrative remedy under section 68, or

(ii) subject to subsection (5) of this section, by order impose one or more of the administrative remedies referred to in section 68 for the contravention.

(5) Unless, under subsection (2) (b) of this section, the authority indicated in the notice referred to in subsection (1) that the authority may consider a suspension or cancellation, the authority must not impose a suspension or cancellation under section 68.

(6) If under subsection (3) or (4) of this section the authority finds that a person has contravened this Act or the regulations, the authority must give to the person an order that

(a) sets out that finding,

(b) subject to section 68 (2) and subsection (5) of this section, imposes one or more of the administrative remedies referred to in section 68, and

(c) gives notice of the person's right to a review under section 81 or to an appeal under section 87, including the address to which a request for a review or a notice of appeal is to be delivered.

Extended contravention

67  (1) If an act or omission of an employee, contractor or agent of a holder of a road authorization or other authorization under this Act while acting within the scope of the person's employment, contract or agency

(a) is contrary to a requirement imposed on the holder, or on the employee, contractor or agent, under this Act, or

(b) otherwise results in the holder being in breach of a requirement of this Act or the regulations,

the holder of the road authorization or other authorization under this Act may be found liable for the contravention arising from that act or omission.

(2) If a corporation contravenes a provision of this Act or the regulations, a director or an officer of the corporation who authorized, allowed or acquiesced in the contravention also contravenes the provision.

(3) If a person's act or omission may be a contravention of a provision of this Act or the regulations, one or more of the following may be found liable for a contravention in relation to that act or omission:

(a) the person;

(b) any person directly or indirectly responsible for the act or omission who is the employee, contractor or agent of any person who, under this paragraph or paragraph (a), may be found liable for a contravention in relation to that act or omission.

(4) Nothing in this section overrides section 72.

Remedies

68  (1) Subject to subsection (3) of this section, if the authority sets out, in an order under section 66 (6), its finding that a person has contravened this Act or the regulations, the authority by order

(a) may impose a penalty on the person in an amount that does not exceed the amount prescribed for the contravention,

(b) may determine the amount that is equal to the dollar value of any property of the government, including, without limitation,

(i) Crown timber,

(ii) other prescribed forest land resources, and

(iii) prescribed grass land resources,

that was damaged or destroyed as a result, directly or indirectly, of the contravention,

(c) except in prescribed circumstances, may order the person to pay, in addition to any administrative penalty imposed under paragraph (a), the amount determined under paragraph (b),

(d) subject to section 66 (5), may suspend or cancel the person's road authorization or other authorization under this Act, if any, or any or all of the authorizations under that road authorization or other authorization under this Act,

(e) may, if the person is a holder or a former holder of a road authorization or other authorization under this Act, order the person to

(i) do one or both of

(A) if the contravention arose as a result of the person failing to comply with a provision of this Act or the regulations, comply with the provision, and

(B) perform the remedial measures the authority considers are reasonably necessary to remedy one or both of the contravention and the effects of the contravention, and

(ii) except in prescribed circumstances, provide security, if any, that the authority considers appropriate respecting the compliance or remedial measures, and

(f) if work necessary to remedy the effects of the contravention has been or may be undertaken under section 74 (1) by the authority, may order the person to pay, in addition to any administrative penalty imposed under paragraph (a) of this subsection and any amount ordered under paragraph (c), the reasonable costs directly or indirectly incurred to perform that work.

(2) If the authority finds that a person has contravened this Act or the regulations, the authority need not impose an administrative remedy on the person if the authority considers that the contravention is trifling or that it is not in the public interest to impose an administrative remedy.

(3) Before imposing an administrative penalty on a person under subsection (1) (a) in relation to a contravention, the authority must consider the following:

(a) previous contraventions of a similar nature by the person;

(b) the gravity and magnitude of the contravention;

(c) whether the contravention was repeated or continuous;

(d) whether the contravention was deliberate;

(e) any economic benefit derived by the person from the contravention;

(f) the person's cooperativeness and efforts to correct the contravention;

(g) any other prescribed matters.

(4) If the authority by order under this section imposes an administrative remedy on a person, the authority must give a copy of that order to the person, which order must set out

(a) the amount of any administrative penalty imposed on the person,

(b) if the order includes an order under subsection (1) (c), the amount determined under subsection (1) (b) and itemized particulars of that amount,

(c) the effective date, term and duration of any suspension ordered under this section,

(d) the effective date of any cancellation ordered under this section,

(e) if the order includes an order under subsection (1) (e),

(i) the remedial measures required by the authority,

(ii) the date by which the remedial measures must be completed,

(iii) the form and amount of security, if any, required under subsection (1) (e) (ii),

(iv) any other terms and conditions imposed under section 104, and

(v) the authority's right under section 74 to carry out the remedial measures,

(f) if the order includes an order under subsection (1) (f) of this section,

(i) the amount of the costs payable under that subsection, or

(ii) if that amount is not yet fully known, that those costs will be payable and that an accounting of those costs will be provided to the person, and

(g) the person's right to a review under section 81 or to an appeal under section 87, including the address to which a request for a review or a notice of appeal is to be delivered.

(5) If the holder of a road authorization or other authorization under this Act carries out the remedial measures specified in an order made under subsection (1) (e) and the order is subsequently rescinded on review or appeal, the holder may, to the extent provided in the regulations, recover from the authority the costs of those remedial measures.

Orders may be combined

69  The authority may combine the orders made under sections 66 and 68 into one order.

Suspension or cancellation

70  (1) If under section 68 the authority suspends all or part of a holder's road authorization or other authorization under this Act, the suspension takes effect on the date specified in the order and continues, subject to subsection (2) of this section, for the period specified in the order.

(2) A suspension that is stayed under section 91 or 92 has effect as follows:

(a) if the suspension had not taken effect before the stay, the suspension, unless lifted, takes effect on the later of

(i) the time when the stay ceases to have effect, and

(ii) the suspension commencement date, and

continues until the end of the suspension period;

(b) if the suspension took effect before the stay, the suspension, unless lifted, resumes effect at the time when the stay ceases to have effect and continues

(i) for the number of days in the suspension period less the number of days during which the suspension was in effect before the stay, or

(ii) if the suspension was to remain in effect until an act or circumstance occurred, until that act or circumstance occurs.

(3) If, under section 68, the authority cancels the holder's road authorization or other authorization under this Act or any or all of the authorizations under that road authorization or other authorization under this Act, the cancellation takes effect on the cancellation date specified in the order.

Limitation period

71  (1) The period during which an administrative remedy may be imposed under section 68 is 3 years after the date on which the facts that lead to the determination that the contravention occurred first came to the knowledge of the authority.

(2) A record, purporting to have been signed by or on behalf of the authority, that certifies the date on which the facts that lead to the determination that the contravention occurred first came to the knowledge of the authority

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

(b) is proof of the matter certified.

Defences to administrative proceedings

72  A person does not contravene a provision of this Act or the regulations, or does not make a material misrepresentation, omission or misstatement of fact for the purposes of section 53 (5) (b), or a false or misleading statement for the purposes of section 119 (2) (c), if the person establishes that

(a) the person exercised due diligence to prevent the contravention, misstatement or omission,

(b) the person reasonably believed in the existence of facts that, if true, would establish that the person did not contravene the provision or did not make a misstatement or omission, or

(c) the person's actions that would otherwise constitute a contravention or misstatement or omission were the result of an officially induced error.

Liability if no contravention

73  (1) If the authority considers that

(a) a person has realized an economic benefit that directly or indirectly results from the person's act or omission, and

(b) the act or omission would have been a contravention under this Act had the person not been able to establish a defence of due diligence, mistake of fact or officially induced error,

the authority may determine the monetary value of the economic benefit and demand payment from the person of the amount determined.

(2) A demand to a person under subsection (1) must be in writing and must include

(a) the amount determined by the authority to be the monetary value of the economic benefit, and

(b) the person's right to a review under section 81 or to an appeal under section 87 of the determination and demand, including the address to which a request for a review or a notice of appeal is to be delivered.

(3) If the person to whom a demand is given under subsection (1) of this section does not, within 21 days after the date on which the demand was given to the person,

(a) pay the amount demanded,

(b) request that one or both of the determination and the demand be reviewed, or

(c) appeal one or both of the determination and the demand,

the authority may order the person to pay the amount referred to in subsection (2) (a).

(4) An order under subsection (3) may be filed in the court registry and, after filing,

(a) the order has the same effect as an order of the court for the recovery of a debt in the amount stated in the order against the person named in it, and

(b) all proceedings may be taken under the order as if it were an order of the court.

Division 4 — Remediation

Remediation

74  (1) If the authority believes that a resource road does not meet the requirements of this Act and the regulations, the authority may, except in prescribed circumstances, carry out necessary remedial measures to rectify that deficient condition.

(2) Before carrying out remedial measures under subsection (1), the authority must give notice in accordance with the regulations to the designated maintainer.

(3) The authority may carry out remedial measures under subsection (1) whether or not the designated maintainer has undertaken remedial measures on the resource road.

(4) If the authority acts or intends to act under this section,

(a) the authority may by order restrict or prohibit the designated maintainer from carrying out any specified remedial measures on all or part of the resource road, and

(b) the designated maintainer must not impede or restrict the authority from carrying out remedial measures under subsection (1).

If authority performs remediation

75  If the authority

(a) under section 74 (1) carries out remedial measures to rectify the deficient condition of a resource road,

(b) determines, before or after those remedial measures are carried out, that the resource road was in that deficient condition as a result of a person's contravention of this Act or the regulations, and

(c) makes or has made an order against that person under section 68 (1) (f),

the authority, after completing the remedial measures,

(d) may prepare an accounting of the reasonable costs directly or indirectly incurred to carry out the remedial measures, and

(e) must provide that accounting to the person.

Remedial action does not affect offences or penalties

76  Remedial measures carried out under this Division to address the effect of any contravention do not affect the contravention or any related fine, imprisonment, fee, charge or administrative remedy.

Division 5 — Limitations on Liability

Liability protection

77  The government, including, without limitation, the authority, is not liable in respect of any loss, injury, death or damage caused or resulting, directly or indirectly, by or from anything done or omitted to be done

(a) in the exercise or intended exercise of any power under this Act in relation to a resource road of which there is a designated maintainer at the time of the act or omission, or

(b) in the performance or intended performance of any duty under this Act in relation to a resource road of which there is a designated maintainer at the time of the act or omission,

unless the person who brings the action proves that the authority or any other person acting for or on behalf of the government

(c) did an act that caused the loss, injury, death or damage,

(d) directed the designated maintainer or another person to act, or to refrain from acting, and compliance by the designated maintainer or other person with that direction caused the loss, injury, death or damage, or

(e) was acting in bad faith.

No obligation to exercise power

78  Despite any other provision of this Act or the regulations, the government, including, without limitation, the authority and any other person acting for or on behalf of the government, has no obligation to exercise any power under section 29 or 74, and is not liable for any loss, injury, death or damage that results, directly or indirectly, from the failure to exercise any such power in relation to one or more resource roads or at all.

Personal liability

79  (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against

(a) a peace officer,

(b) an officer or employee appointed by the Resource Road Authority under section 5 (1),

(c) an individual acting as or for the authority,

(d) a member of the board, or

(e) a member of the appeal tribunal,

because of anything done or omitted in the exercise or intended exercise of any power under this Act or in the performance or intended performance of any duty under this Act.

(2) Subsection (1) of this section does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

(3) Subsection (1) does not absolve the government from vicarious liability arising out of anything done or omitted by a person referred to in that subsection for which the government would be vicariously liable if this section were not in force.

Part 11 — Reconsiderations

Division 1 — Corrections, Rescissions or Amendments of Orders

Correction or clarification of determination

80  (1) If the authority makes a determination, the authority may

(a) correct a typographical error, an arithmetical error or another similar error in the determination, and

(b) correct an obvious error or omission in the determination.

(2) If the authority corrects a determination under this section, the authority must give notice of the correction to the person who is the subject of the determination and the correction does not take effect until that notice is given.

Division 2 — Reviews

Review of determination

81  (1) In this section, "applicant", in relation to a review under this section, means the person who requests the review.

(2) Subject to subsection (3), a person who is the subject of a reviewable determination, other than a determination made on a review under this section, may request that it be reviewed.

(3) A person may not request a review of a reviewable determination under subsection (2) if the person has appealed the reviewable determination under section 87.

(4) A request under subsection (2) of this section for a review of a reviewable determination must

(a) be made in writing,

(b) be given to the authority within

(i) 21 days after the date on which notice of the reviewable determination was given to the applicant, or

(ii) such longer period as the authority may, before or after the expiry of the 21-day period, order, and

(c) identify the grounds on which the review is requested, including the error, if any, the applicant believes was made in the reviewable determination.

(5) The authority may grant a request for a review in the following circumstances only:

(a) if the authority is satisfied that there is evidence that was not reasonably available at the time of the original reviewable determination;

(b) in any circumstances prescribed by the regulations.

(6) If the authority refuses a request for a review under this section, the authority must give written notice to the applicant of

(a) the refusal, and

(b) the applicant's right to appeal the reviewable determination under section 87, including the address to which a notice of appeal is to be delivered.

(7) A review of a reviewable determination under this section must be conducted in accordance with the regulations by a person who meets the requirements, if any, prescribed for the purposes of this subsection.

(8) On a review of a reviewable determination under this section, the person conducting the review

(a) has the same discretion to make a decision that the original decision maker had, and

(b) must, after the review, give written notice to the applicant of

(i) the review decision, and

(ii) the applicant's right to appeal the review decision under section 87, including the address to which a notice of appeal is to be delivered.

Board may require review of determination

82  (1) If a forest holder is the subject of a reviewable determination, or a specified holder is the subject of a reviewable determination in respect of timber harvesting activities within the authorized right of way, the board may require a review by the authority of the reviewable determination if

(a) the board first receives the consent of the forest holder or the specified holder, and

(b) the board requires the review within 21 days after the date on which notice of the reviewable determination was given to the forest holder or the specified holder.

(2) The authority may, before or after the expiry of the 21-day period, extend the time limit for requiring a review under this section.

(3) A review of a reviewable determination under this section must be conducted in accordance with the regulations by a person who meets the requirements, if any, prescribed for the purposes of this subsection.

(4) On a review of a reviewable determination under this section, the person conducting the review

(a) has the same discretion to make a decision that the original decision maker had, and

(b) must, after the review, give written notice to the board and to the forest holder or specified holder who was the subject of the reviewable determination of

(i) the review decision, and

(ii) the right to appeal the review decision under section 87 or 88, including the address to which a notice of appeal is to be delivered.

Division 3 — Resource Road Appeal Tribunal

Establishment of Resource Road Appeal Tribunal

83  (1) The Resource Road Appeal Tribunal is established.

(2) The appeal tribunal consists of the following members appointed by the Lieutenant Governor in Council after a merit-based process:

(a) a member designated as the chair;

(b) one or more members designated as vice-chairs after consultation with the chair;

(c) other members appointed after consultation with the chair.

(3) Sections 1 to 10 of the Administrative Tribunals Appointment and Administration Act apply to the appeal tribunal.

Organization of appeal tribunal

84  (1) The chair of the appeal tribunal may organize the appeal tribunal into panels, each composed of one or more members.

(2) The members of the appeal tribunal may sit

(a) as an appeal tribunal, or

(b) as a panel of the appeal tribunal,

and 2 or more panels may sit at the same time.

(3) If members of the appeal tribunal sit as a panel,

(a) the panel has the jurisdiction of, and may exercise the powers and perform the duties of, the appeal tribunal, and

(b) an order, decision or action of the panel is an order, decision or action of the appeal tribunal.

Appeal tribunal staff

85  (1) Employees necessary to exercise the powers and perform the duties of the appeal tribunal may be appointed under the Public Service Act.

(2) In accordance with the regulations, the appeal tribunal may

(a) engage or retain specialists or consultants that the appeal tribunal considers appropriate to exercise the powers and perform the duties of the appeal tribunal, and

(b) determine their remuneration.

(3) The Public Service Act does not apply to the engagement, retention or remuneration of specialists or consultants engaged or retained under subsection (2).

Mandate of appeal tribunal

86  (1) In accordance with the regulations, the appeal tribunal

(a) must hear appeals under Division 4,

(b) must perform other functions required by the regulations, and

(c) may make recommendations to the applicable ministers concerning the need for amendments to this Act and the regulations respecting appeals.

(2) The chair of the appeal tribunal must give to the applicable ministers an annual report concerning the appeal tribunal's activities.

Division 4 — Appeal Process

Appeal to appeal tribunal by person who is subject of determination

87  (1) The person who is the subject of a reviewable determination may appeal to the appeal tribunal,

(a) if the reviewable determination has not been reviewed under section 81, the reviewable determination, or

(b) if the reviewable determination has been reviewed under section 81, the review decision.

(2) Subject to section 89, sections 131 to 141 of the Forest Practices Code of British Columbia Act apply to an appeal under this section.

Appeal to appeal tribunal by board

88  (1) If a forest holder is the subject of a reviewable determination, or a specified holder is the subject of a reviewable determination in respect of timber harvesting activities within the authorized right of way, the board may appeal to the appeal tribunal either of the following, but not both:

(a) if the reviewable determination has not been reviewed under section 81, the reviewable determination;

(b) if the reviewable determination has been reviewed under section 81, the review decision.

(2) The board may apply to the appeal tribunal for an order directing the authority to make

(a) a prescribed determination relating to a road authorization of a forest holder, or

(b) a prescribed determination, in respect of timber harvesting activities within the authorized right of way, relating to a road authorization of a specified holder,

if

(c) the authority had the jurisdiction to make the determination,

(d) the authority did not make the determination, and

(e) a period prescribed for the purposes of this subsection has elapsed after the facts relevant to the determination first came to the knowledge of the authority.

(3) Subject to section 89, sections 131 to 141 of the Forest Practices Code of British Columbia Act apply to an appeal under subsection (1) or an application under subsection (2).

Appeal

89  For the purposes of sections 87 (2) and 88 (3),

(a) section 131 (1) of the Forest Practices Code of British Columbia Act, as it applies under those sections, is deemed to read as follows:

"To initiate an appeal under Division 4 of Part 11, the person who is the subject of a reviewable determination, or the board under section 88, no later than 3 weeks after the latest to occur of

(a) the date on which the original reviewable determination is given to the person who is the subject of that determination,

(b) if the reviewable determination is corrected under section 80, the date on which notice of the correction is given to the person under section 80,

(c) if a request has been made for a review of the reviewable determination and that request has been refused under section 81, the date on which notice of the rejection is given to the person under section 81 (6), and

(d) if the reviewable determination has been reviewed under Division 2 of Part 11, the date on which notice of the review decision is given to the person under section 81 (8),

must deliver to the appeal tribunal

(e) a notice of appeal, and

(f) a copy of,

(i) subject to subparagraph (ii) of this paragraph, in the case of an appeal under section 87 (1) (a), the original reviewable determination,

(ii) in the case of an appeal under section 87 (1) (a) of a reviewable determination that has been corrected under section 80, the original reviewable determination as corrected, or

(iii) in the case of an appeal under section 87 (1) (b), the review decision.",

(b) a reference in section 131 (1) of the Forest Practices Code of British Columbia Act, as it applies under paragraph (a) of this section, to a Part, Division, section, paragraph or subparagraph is deemed to be a reference to the Part, Division, section, paragraph or subparagraph in the Resource Road Act, and

(c) the terms used in section 131 (1) of the Forest Practices Code of British Columbia Act, as it applies under paragraph (a) of this section, have the same meanings as in the Resource Road Act.

Powers of appeal tribunal

90  (1) If a reviewable determination is appealed

(a) by a person under section 87 (1), or

(b) by the board under section 88 (1),

the appeal tribunal may

(c) consider the findings of the authority, and

(d) either

(i) confirm, vary or rescind the reviewable determination, or

(ii) with or without directions, refer the matter back to the authority for reconsideration.

(2) On an application by the board under section 88 (2), the appeal tribunal may order the authority to make the determination referred to in that section.

(3) The appeal tribunal may order that a party to an appeal or an intervener in the appeal pay another party or intervener any or all of the actual costs in respect of the appeal.

(4) An order under subsection (3) of this section may be filed in the court registry and, after the filing,

(a) the order has the same effect as an order of the court for the recovery, from the person named in the order, of a debt in the amount stated in the order, and

(b) all proceedings may be taken as if it were an order of the court.

Division 5 — Stays of Determination

Stay on review

91  (1) Subject to this section, if a review of a determination is requested under section 81, the determination is stayed until the review is concluded.

(2) The authority may order that a determination is not stayed under subsection (1), or is stayed subject to conditions, if the authority is satisfied that a stay or a stay without those conditions, as the case may be, would be contrary to the public interest.

(3) Unless the authority otherwise orders, a request under section 81 for a review in relation to one of the following determinations does not operate as a stay of that determination:

(a) an order under section 43 (1) (b);

(b) an order under section 62;

(c) a prescribed determination.

Stay on appeal

92  (1) Subject to this section, if a determination is appealed under section 87, the determination is stayed until the appeal is concluded.

(2) The appeal tribunal may order that a determination is not stayed under subsection (1), or is stayed subject to conditions, if the appeal tribunal is satisfied that a stay or a stay without those conditions, as the case may be, would be contrary to the public interest.

(3) Unless the appeal tribunal otherwise orders, an appeal under section 87 in relation to one of the following determinations does not operate as a stay of that determination:

(a) an order under section 43 (1) (b);

(b) an order under section 62;

(c) a prescribed determination.

Part 12 — Offences

Offences established

93  (1) A person who contravenes section 9 (1), 10, 11, 12 (1), (5) or (6) (a) or (b), 13 (1) or (5), 18 (2), 20 (4) (b), 23 (7), 24 (a), (b) or (c), 25, 28 (1), 29 (3) (a), (b) or (c) or (4), 31 (1) or (2), 32 (1), 34 (4), 35 (1), 36, 38 (1) or (2), 39 (4) or (5), 42 (5) (b) (ii), 45 (1), (2) (a) (ii) or (b) (ii) or (7) (b), 46 (1), 47 (1), 49 (1) (a), 56 (2), 61, 74 (4) (b), 104 (3) or (4), 109 (2), 112, 119 (2) or 159 (4) commits an offence.

(2) The Lieutenant Governor in Council may provide by regulation that a contravention of a regulation is an offence.

(3) Section 5 of the Offence Act does not apply to this Act or the regulations.

Penalties on conviction established

94  (1) A person who is convicted of an offence specified in section 93 (1) is liable to the following maximum penalties:

(a) for a contravention of section 104 (3) in respect of any order other than an order made under section 62, 63 or 68 (1) (e), to a fine not exceeding $1 000 000, or to imprisonment for not more than 3 years, or to both;

(b) for a contravention of section 9 (1), 10, 24 (a), 25, 28 (1), 29 (3) (a) or (c) or (4), 31 (1), 34 (4), 35 (1), 36, 45 (1) or (2) (a) (ii) or (b) (ii), 46 (1), 47 (1), 104 (4), 109 (2) or 159 (4), to a fine not exceeding $500 000, or to imprisonment for not more than 2 years, or to both;

(c) for a contravention of

(i) section 38 (1) or (2), 39 (4) or (5), 45 (7) (b), 49 (1) (a), 56 (2), 61, 74 (4) (b), 112 or 119 (2), or

(ii) section 104 (3) in respect of an order made under section 62, 63 or 68 (1) (e),

to a fine not exceeding $100 000, or to imprisonment for not more than one year, or to both;

(d) for a contravention of section 11, 12 (1), (5) or (6) (a) or (b), 13 (1) or (5), 18 (2), 20 (4) (b), 23 (7), 24 (b) or (c), 29 (3) (b), 31 (2), 32 (1) or 42 (5) (b) (ii), to a fine not exceeding $5 000 or to imprisonment for not more than 6 months, or to both.

(2) The maximum fine to which a person is liable on a second or subsequent conviction for the same offence under subsection (1) (a) to (d) of this section or subsection (4) of this section is double the maximum amount established for the offence under that subsection.

(3) If a contravention of section 12 (1) or (6) (a) or (b), 31 (1), 34 (4) or 104 (3) continues for more than one day, the offender is liable, on conviction, to a separate penalty, without a separate count being laid, for each day that the contravention occurs.

(4) The Lieutenant Governor in Council may, for each offence under the regulations, prescribe a maximum amount of the fine, or a maximum length of the term of imprisonment, to which a person convicted of the offence may be subject.

(5) If the maximum fine or imprisonment provided by a regulation under subsection (4) of this section is less than that provided in subsection (1), the regulation prevails.

Penalty for monetary benefit

95 (1) Despite any other provision of this Act, if the court that convicts a person of an offence under this Act considers that the person benefited from the commission of the offence, the court may

(a) determine the fine amount, if any, that the court considers appropriate for the offence,

(b) determine the monetary value of the benefit the court considers the offender received from the commission of the offence, and

(c) add to the fine amount determined under paragraph (a) the amount determined under paragraph (b) and impose the total of those amounts as the fine.

(2) A fine imposed under subsection (1) (c) may exceed, by not more than the amount referred to in subsection (1) (b), the maximum amount established under this Act for a fine that may be imposed in relation to the offence.

Court orders

96  If a person is convicted of an offence under this Act, the court may, in addition to any other punishment that may be imposed, do one or more of the following:

(a) if the offence arose as a result of the person failing to comply with a provision of this Act or the regulations, order the person to comply with the provision;

(b) prohibit the person from doing anything that may result in the continuation or repetition of the offence;

(c) direct the person to take any action the court considers appropriate to remedy or avoid any harm to the environment that results or may result from the act or omission that constituted the offence;

(d) direct the person to publish, as directed by the court and at the person's own cost, the facts relating to the conviction;

(e) direct the person to compensate the authority for all or part of the cost of any remedial measures taken by the authority as a result of the act or omission that constituted the offence;

(f) direct the person to pay compensation or make restitution to any person the court considers appropriate.

Employer liability

97  (1) Subject to section 100, in a prosecution of a person for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by the person's employee, contractor or agent while acting within the course of the person's employment, contract or agency.

(2) This section applies even if the employee, contractor or agent has not been identified or prosecuted for the offence.

Offence by directors and officers

98  Subject to section 100, if a corporation commits an offence under this Act, a director or officer of the corporation who authorized, allowed or acquiesced in the offence also commits the offence.

Remedies preserved

99  (1) Subject to section 102, a proceeding, conviction or penalty for an offence under this Act does not relieve a person from any other liability.

(2) The provisions of this Part are in addition to the provisions of any other enactment or rule of law under which

(a) a remedy or right of appeal or objection is provided, or

(b) a procedure is provided for inquiry into or investigation of a matter,

and nothing in this Act limits or affects that remedy, right or procedure.

Defences to prosecution

100  Due diligence, mistake of fact and officially induced error are defences to a prosecution under this Act.

Extended offence

101  (1) If a person's act or omission may be an offence, one or more of the following may be found guilty of an offence in relation to that act or omission:

(a) the person;

(b) any person directly or indirectly responsible for the act or omission who is the employee, contractor or agent of any person who, under this paragraph or paragraph (a), may be found guilty of an offence in relation to that act or omission.

(2) Nothing in this section overrides section 100.

Limitation on proceedings

102  (1) The government may not proceed under this Act with both an offence and an administrative penalty for the same contravention.

(2) Nothing in subsection (1) limits the authority's ability to make an order respecting

(a) payment of other money, or

(b) remediation.

Limitation period

103  (1) The time limit for laying an information for an offence under this Act is 3 years after the date on which the facts on which the information is based first came to the knowledge of the authority.

(2) A record, purporting to have been signed by or on behalf of the authority, that certifies the date on which the facts on which the information is based first came to the knowledge of the authority

(a) is admissible without proof of the signature or official character of the member appearing to have signed the record, and

(b) is proof of the matter certified.

Part 13 — Powers and Duties of Authority

Power to impose terms and conditions

104  (1) Except in prescribed circumstances, if the authority makes an order under this Act, the authority may impose, in respect of the order, terms and conditions that are consistent with this Act and the regulations.

(2) Except in prescribed circumstances, if the authority issues or amends a road authorization or gives or amends any other authorization under this Act, the authority may impose, in respect of the road authorization or other authorization under this Act, terms and conditions that are consistent with this Act and the regulations.

(3) A person to whom an order applies must comply with the order, including the terms and conditions attached to it.

(4) A person to whom a road authorization, an amendment of a road authorization or another authorization under this Act applies must comply with any terms and conditions attached to it under this Act, including, without limitation, in the case of a designated maintainer referred to in section 35 (1) (b), any requirement that is deemed under section 35 (2) to be a maintenance condition.

Process respecting orders

105  (1) An order made by the authority under this Act must

(a) be in writing,

(b) specify the matter to which it relates,

(c) specify when the order is proposed to come into effect, and

(d) be given to the person to whom the order applies.

(2) An order referred to in subsection (1) takes effect on

(a) a date agreed to by the authority and the person to whom the order applies, or

(b) if no date is agreed to under paragraph (a) of this subsection, the later of

(i) the proposed date specified in the order under subsection (1) (c), and

(ii) the date on which the order is given to the person to whom the order applies.

Order for compliance

106  (1) If the authority considers that a person is not complying, or has not complied, with an order of the authority, the authority may, without limiting any other power of the authority under this Act, apply to the Supreme Court for either or both of the following:

(a) an order directing the person to comply with or to stop violating the order;

(b) an order directing the directors and officers of the person to cause the person to comply with or to stop violating the order.

(2) On an application by the authority under this section, the Supreme Court may make an order referred to in subsection (1) or any other order it considers appropriate.

Extension of time

107  (1) The authority may extend the time within which a person is required to do anything under this Act.

(2) Despite subsection (1), the authority must not extend the time within which

(a) a person may appeal a determination, or

(b) the authority is to do anything under this Act.

Powers cumulative

108  Unless otherwise provided in this Act, a power under this Act of the authority to

(a) make an order,

(b) impose an administrative remedy, or

(c) take any other action

may be exercised separately from, or concurrently or cumulatively with, any other power, and does not affect the exercise of any other powers that the authority may exercise under this or any other enactment.

Part 14 — General

Division 1 — Access to Materials

Designated maintainer may access materials

109  (1) Despite section 10 of the Mines Act, if

(a) the designated maintainer of a resource road requires sand, gravel, rock or other materials for the authorized construction, modification, maintenance or deactivation of the resource road,

(b) there is sand, gravel, rock or other material within the authorized right of way, and

(c) there is no Mines Act permit applicable to that sand, gravel, rock or other material,

the designated maintainer may use a portion of the authorized right of way for a sand pit, gravel pit, borrow pit, rock quarry or other quarry if and only to the extent that the pit or quarry is used to provide materials necessary for the authorized construction, modification, maintenance or deactivation of the resource road.

(2) If

(a) a designated maintainer is authorized under subsection (1) to use a portion of the authorized right of way for a sand pit, gravel pit, borrow pit, rock quarry or other quarry,

(b) a permit is issued under section 10 of the Mines Act in relation to that portion of the authorized right of way, and

(c) the holder of that Mines Act permit or the chief inspector, within the meaning of the Mines Act, gives notice of that Mines Act permit to the designated maintainer,

the authorization under subsection (1) ceases to apply, and the designated maintainer must, on receipt of the notice, cease using that portion of the authorized right of way for a sand pit, gravel pit, borrow pit, rock quarry or other quarry unless and until authorized to do so under the Mines Act.

Division 2 — Disclosure

Confidentiality and disclosure

110  (1) A person must not disclose any information or record obtained in the exercise of a power or in the performance of a duty under this Act except

(a) as required for the exercise of any of the person's powers or the performance of any of the person's duties under this Act, or

(b) as authorized in this section or under the Freedom of Information and Protection of Privacy Act.

(2) A person may disclose to the government any information or record obtained in the exercise of a power or the performance of a duty under this Act.

Protection against libel and slander

111  Anything said, any information supplied or any record produced by a person

(a) during an inspection, investigation, determination, reconsideration or review by the authority,

(b) during an audit or investigation by the board,

(c) in a complaint submitted to the board under section 122, or

(d) during an appeal before the appeal tribunal

is privileged in the same manner as if the inspection, audit, investigation, determination, reconsideration, review, consideration of the complaint or appeal were a proceeding in a court.

Whistle-blower protection

112  A person must not evict, discharge, suspend, expel, intimidate, coerce, impose any pecuniary or other penalty on or otherwise discriminate against a person because that person gives evidence or otherwise assists in respect of a prosecution or another proceeding under this Act.

Division 3 — Miscellaneous

Section 42 of Transportation Act does not apply

113  Despite section 42 of the Transportation Act, a resource road does not become a highway as a result of the spending of public money on the resource road.

Power to assign resource road

114  (1) An applicable minister may, with the consent of the minister charged with the administration of the Transportation Act, assign to the minister charged with the administration of the Transportation Act all or part of a resource road.

(2) When a resource road is assigned under subsection (1), the resource road ceases to be a resource road.

(3) After an assignment under subsection (1),

(a) the applicable minister must give notice of the assignment to the authority, and

(b) the authority must give notice of the assignment to the persons whose road authorizations had, before the assignment, applied to the resource road.

Assignment does not affect offences, penalties, fees or costs

115  The assignment of a resource road under section 114 (1) does not affect, or relieve a person from,

(a) the consequences of any offence or contravention, or any related fine, imprisonment, fee, charge or administrative remedy, if the offence or contravention occurred before the resource road was assigned, or

(b) any maintenance fees or capital costs the person was, under Division 3 of Part 6, required to pay for the period before the assignment.

Conflict

116  In the event of a conflict between a term or condition of a person's road authorization or other authorization under this Act and a provision of this Act or the regulations, the person must comply with the provision of this Act or the regulations and need not, to the extent of the conflict, comply with the term or condition.

How records may be given

117  (1) A person who is entitled or required to give a notice or other record under this Act may give the notice or other record by doing the following with the record or a copy of it:

(a) if the recipient is an individual,

(i) by leaving it with the individual,

(ii) by leaving it at the individual's last or most usual place of residence with someone who is or appears to be at least 16 years of age,

(iii) by mailing it by registered mail to the individual's last known postal address,

(iv) by transmitting it by fax to the individual's fax number, or

(v) by transmitting it by email to the individual's email address;

(b) if the recipient is a corporation,

(i) by leaving it with

(A) a director, officer or manager of the corporation,

(B) a receptionist at a place of business of the corporation, or

(C) if the corporation is an extraprovincial company within the meaning of the Business Corporations Act, the corporation's attorney, if any, within the meaning of that Act,

(ii) by leaving it at the registered office of the corporation if the corporation is a company within the meaning of the Business Corporations Act or, if that office has been eliminated under section 40 of the Business Corporations Act, the address ordered by the court under section 40 (4) (b) of that Act,

(iii) by mailing it by registered mail to

(A) the registered office of the corporation or, if that office has been eliminated under section 40 of the Business Corporations Act, the address ordered by the court under section 40 (4) (b) of that Act, or

(B) if the corporation is an extraprovincial company within the meaning of the Business Corporations Act, the corporation's attorney, if any, within the meaning of that Act,

(iv) by transmitting it by fax to the corporation's fax number, or

(v) by transmitting it by email to the corporation's email address;

(c) if the recipient is the authority,

(i) by leaving it with or mailing it by registered mail to the authority, or

(ii) by any prescribed method;

(d) if the person is a municipal corporation, regional district or other local government body, by leaving it with or mailing it by registered mail to the local government corporate officer, the deputy of that officer or some similar local government officer.

(2) A notice or other record that is mailed to a person by registered mail under subsection (1) is conclusively deemed to be received by the person on the eighth day after it is mailed.

Means of giving opportunity to be heard

118  (1) Despite any other provision of this Act, in any circumstances in which, under this Act, an opportunity to be heard is provided, the authority may conduct a written, electronic or oral hearing, or any combination of them, as the authority, in its sole discretion, considers appropriate.

(2) The authority may make rules respecting the circumstances and place in which and the process by which written, electronic or oral hearings may be conducted under subsection (1) and specifying the form and content of materials to be provided for written, electronic or oral hearings.

Interference, non-compliance and misleading statements

119  (1) In this section, "person acting in an official capacity" means

(a) the authority,

(b) a member of the appeal tribunal, or

(c) a peace officer,

while that person is exercising a power or performing a duty under this Act.

(2) A person must not,

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

(b) without lawful excuse, refuse to comply with a lawful requirement of a person acting in an official capacity, or

(c) make a false or misleading statement in any application or other record given under this Act to a person acting in an official capacity, or otherwise make a false statement to, or mislead or attempt to mislead, a person acting in an official capacity.

Payments to government

120  Any money payable under this Act to the government, including, without limitation, to the authority, is a debt due to the government and is recoverable, by action in the Supreme Court, from the person from whom the money is payable.

Part 15 — Forest Practices Board

Audits and special investigations

121  (1) In accordance with the regulations, the board

(a) must carry out periodic independent audits, and

(b) may carry out special investigations

to determine

(c) compliance by

(i) a forest holder with the requirements of Parts 5 to 7, and the regulations made under those Parts, other than prescribed requirements, or

(ii) a specified holder with requirements of this Act and the regulations in respect of timber harvesting activities within the authorized right of way, and

(d) the appropriateness of enforcement by the authority, under Parts 9 and 10, of a forest holder's compliance under paragraph (c) (i) or a specified holder's compliance under paragraph (c) (ii).

(2) If,

(a) while carrying out an audit or investigation under subsection (1) (a) or (b) in respect of a matter referred to in subsection (1) (c), the board finds that the forest holder or the specified holder did not contravene the requirements audited or investigated, and

(b) the only reason for that finding is that

(i) the forest holder or specified holder exercised due diligence to prevent non-compliance,

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

(iii) the actions of the forest holder or specified holder relevant to the requirement were the result of an officially induced error,

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

Complaints from public

122  (1) In accordance with the regulations, the board must deal with complaints from the public respecting prescribed matters that relate to this Act.

(2) Despite subsection (1), the board may refuse to investigate a complaint, or may stop investigating a complaint, if, in the opinion of the chair of the board, any of the following applies:

(a) the complainant knew or ought to have known, more than one year before the complaint was received by the board, of the determination to which the complaint relates;

(b) the law or existing administrative procedure provides a remedy adequate in the circumstances for the person aggrieved and, if the person aggrieved has not taken advantage of the remedy, there is no reasonable justification for the failure to do so;

(c) the complaint is frivolous, vexatious, not made in good faith or concerns a trivial matter;

(d) having regard to all the circumstances, further investigation is not necessary in order to consider the complaint;

(e) in the circumstances, investigation would not benefit the complainant.

(3) The board must promptly notify, in writing, the complainant and the person who is the subject of the complaint of the board's decision in relation to the complaint and the reasons for that decision, and may indicate any other recourse that may be available to the complainant if it decides

(a) to not investigate or further investigate a complaint, or

(b) that the complaint has not been substantiated.

Provisions of Forest and Range Practices Act apply

123  Sections 124 to 135, 139 and 140 of the Forest and Range Practices Act apply in respect of

(a) an audit or special investigation under section 121 of this Act, and

(b) a complaint investigation under section 122 of this Act.

Part 16 — Regulations

Division 1 — General

Power to make regulations

124  (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) In making a regulation under this Act, the Lieutenant Governor in Council may do one or more of the following:

(a) delegate a matter to a person or to a class of persons;

(b) confer a discretion on a person or on a class of persons;

(c) make different regulations for different persons, places, areas, bodies of water, things, roads, circumstances or transactions or different classes of persons, places, areas, bodies of water, things, roads, circumstances or transactions;

(d) adopt the provisions of a publication or adopt them as they are amended from time to time.

(3) Nothing in this Part limits subsections (1) and (2) of this section.

Words and forms

125  The Lieutenant Governor in Council may make regulations as follows:

(a) defining any word or expression used but not defined in this Act;

(b) prescribing forms, documents, reports and other records for the purposes of this Act.

Applications

126  (1) The Lieutenant Governor in Council may make regulations respecting applications to the authority.

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

(a) the manner in which and the information by which a resource road is to be identified in an application;

(b) the manner in which an application or class of applications is to be made, including, without limitation,

(i) the person to whom it is to be made,

(ii) the information and records to be included within it,

(iii) any fees that are or security that is to be provided with it,

(iv) the persons to be notified about it and the manner of that notification, and

(v) whether the application or a part of it is to be signed and, if so, by whom;

(c) the manner in which and the information by which the use of a resource road, including the nature and extent of that use, is to be described in an application.

Information and records

127  The Lieutenant Governor in Council may make regulations as follows:

(a) respecting records that must be maintained by holders of road authorizations or other authorizations under this Act, the form and manner in which those records must be maintained and how, when, to whom and on what terms and conditions, if any, access to those records or the information they contain is to be given;

(b) respecting information and reports and other records that may or must be given to the authority or to other persons, and the form and manner in which that information or those reports or other records must be given.

Fees or charges

128  (1) The Lieutenant Governor in Council may make regulations as follows:

(a) prescribing fees or charges for

(i) the provision under this Act by the government, including, without limitation, the authority and the appeal tribunal, of a service or any property to any person, or

(ii) the use of property by any person;

(b) respecting any fees or charges prescribed under paragraph (a).

(2) Subsection (1) applies whether or not the government is required to provide the service, property or use of property.

Security

129  (1) The Lieutenant Governor in Council may make regulations respecting security of any kind, including money, to be provided by persons who were, are or wish to become holders of road authorizations or other authorizations under this Act.

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

(a) the type of security that is acceptable or unacceptable;

(b) the amount, form and content of the security;

(c) any circumstances in addition to those provided for in this Act under which the security may or must be provided to the authority or may or must be realized;

(d) the manner in which all or part of security may or must be provided to the authority under this Act;

(e) the manner in which, and the liability against which, money obtained from the realization of security is to be applied;

(f) any circumstances in addition to those provided for in this Act under which, and the manner in which and persons to which, the whole or any part of security may or must be returned or paid out by the authority under this Act.

Recovery of money

130  The Lieutenant Governor in Council may make regulations respecting the recovery of money that is to be paid under this Act to the government, including, without limitation, the authority.

Exemptions

131  (1) The Lieutenant Governor in Council may make regulations as follows:

(a) exempting persons, places, things or transactions or classes of persons, places, things or transactions from a provision of this Act or the regulations;

(b) respecting any exemption under paragraph (a);

(c) prescribing, for the purposes of section 52, requirements under this Act in respect of which exemptions are not available;

(d) authorizing exemptions under section 52 (b);

(e) restricting the ability of the authority to exempt a person from a provision of this Act.

(2) In making a regulation under subsection (1) (a), the Lieutenant Governor in Council may, without limiting subsection (1) (b), make the exemption subject to terms and conditions.

Criteria for exercise of authority's powers

132  (1) The Lieutenant Governor in Council may make regulations respecting the criteria that the authority must use when exercising any discretionary power conferred on the authority under this Act.

(2) Criteria prescribed under subsection (1) are in addition to any criteria required under this Act.

(3) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) respecting the manner in which and the terms on which the Resource Road Authority may engage or retain specialists, consultants and auditors under section 5 (4);

(b) respecting amendments of road authorizations or other authorizations under this Act, including, without limitation,

(i) the circumstances in which and the manner in which a road authorization or other authorization under this Act may be amended, and

(ii) any notice that must be given before or after an amendment is made and

(A) the manner in which, time at which and persons by whom and to whom such notice must be given, and

(B) the duration of any such notice or the period over which such notice must be given;

(c) respecting the period within which an amendment of a road authorization under section 22 is to become effective;

(d) prescribing, in relation to an application under section 45 (2), when the authority must respond to that application in one of the following ways:

(i) by giving public notice and an opportunity for review under section 45 (4) (a);

(ii) authorizing deactivation under section 45 (4) (b) or (5) (a);

(iii) providing a release under section 45 (4) (c) or (5) (b);

(e) respecting the giving of public notice and receiving public review and comments, including, without limitation,

(i) the manner in which, time at which and persons to whom public notice must be given,

(ii) the duration of any such notice or the period over which such notice must be given,

(iii) the information to be contained in any public notice, and

(iv) the manner in which public comments may be provided and the duration of any period over which such comments may be given;

(f) respecting the manner in which the authority is to determine under section 68 (1) (b) an amount that a person may be ordered to pay under section 68 (1) (c);

(g) respecting procedures to be followed in relation to any order directed to a former holder of a road authorization or other authorization under section 68 (1) (e) in respect of a resource road of which there is a designated maintainer;

(h) respecting the manner in which the authority is to determine the monetary value of economic benefit for the purposes of section 68 (3) (e) or 73 (1).

Regulations respecting entering Crown land to fulfill requirements

133  The Lieutenant Governor in Council may make regulations limiting the circumstances in which the authority may impose terms and conditions under section 49 (3).

Recovery of costs of remedial measures

134  (1) The Lieutenant Governor in Council may, for the purposes of section 68 (5), make regulations respecting the ability of a holder of a road authorization or other authorization under this Act to recover costs of remedial measures.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting the amount that may be recovered under section 68 (5), including, without limitation,

(a) the factors to be considered in, and the manner of, its calculation,

(b) the manner of applying for its payment, and

(c) the time and manner in which and person to whom it must be paid.

Government objectives

135  (1) The Lieutenant Governor in Council may, for the purposes of sections 16 (4), 20 (5) and 23 (8), make regulations specifying government objectives.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may specify government objectives by reference to one or more provisions or portions, or one or more classes of provisions or portions, of one or more enactments or publications or one or more classes of enactments or publications.

Division 2 — Performance Requirements

Resource road requirements

136  (1) The Lieutenant Governor in Council may make regulations respecting the requirements a resource road must meet for the purposes of section 36 (c) (v) or the condition a resource road must be in for the purposes of section 40 (2).

(2) Without limiting subsection (1), the Lieutenant Governor in Council may prescribe different requirements or conditions for resource roads based on one or more of the following:

(a) the nature and extent of the use or uses made or to be made of the resource road;

(b) the terrain of the authorized right of way;

(c) the location of the resource road;

(d) the likelihood of the resource road being used for a purpose other than an industrial purpose and the frequency of such anticipated use;

(e) the proximity of the resource road to a populated area;

(f) whether the resource road provides access to or from a community;

(g) any other matter the Lieutenant Governor in Council considers relevant.

Deactivated resource road requirements

137  The Lieutenant Governor in Council may make regulations respecting the requirements that must be met before

(a) a resource road can be considered deactivated for the purposes of section 46 (2), or

(b) a portion of a resource road that is under deactivation can be considered to be appropriately maintained for the purposes of section 47 (1) (b).

Construction, modification, use, maintenance and deactivation of resource roads

138  (1) The Lieutenant Governor in Council may make regulations respecting resource road construction, modification, use, maintenance or deactivation.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may, by regulation, require a person constructing, modifying, using, maintaining or deactivating a resource road to do so in compliance with one or more of the following:

(a) a general wildlife measure established under the Forest and Range Practices Act;

(b) all or part of any code or standard published by a national or international standards association, as amended from time to time;

(c) the Canadian Foundation of Engineering Manual, as amended from time to time, as it applies to soil properties in relation to bridge piers and abutments;

(d) a requirement or standard under any enactment.

Works and connections

139  (1) The Lieutenant Governor in Council may make regulations respecting

(a) works created under section 12, and

(b) connections under section 13.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may, by regulation, require a person creating works or making connections to do so in compliance with one or more of the following:

(a) a general wildlife measure established under the Forest and Range Practices Act;

(b) all or part of any code or standard published by a national or international standards association, as amended from time to time;

(c) the Canadian Foundation of Engineering Manual, as amended from time to time, as it applies to soil properties in relation to bridge piers and abutments;

(d) a requirement or standard under any enactment.

Falling of Crown timber on resource road rights of way

140  (1) The Lieutenant Governor in Council may make regulations respecting the falling of Crown timber in authorized rights of way and the removal of that Crown timber from those authorized rights of way.

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

(a) respecting the manner in which, time at which, portions of the authorized right of way from which and persons by whom Crown timber may be felled and removed;

(b) requiring a person falling Crown timber in an authorized right of way, or removing the Crown timber from the authorized right of way, to do so in compliance with one or more of the following:

(i) a general wildlife measure established under the Forest and Range Practices Act;

(ii) all or part of any code or standard published by a national or international standards association, as amended from time to time;

(iii) the Canadian Foundation of Engineering Manual, as amended from time to time, as it applies to soil properties in relation to bridge piers and abutments;

(iv) a requirement or standard under any enactment.

Closures of resource roads or restrictions on their use

141  (1) The Lieutenant Governor in Council may make regulations respecting

(a) the temporary closures of resource roads, or

(b) restrictions that may be imposed on the use of resource roads.

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

(a) respecting the manner in which and time at which a resource road may be temporarily closed or its use restricted;

(b) respecting the notification required of any temporary closure of a resource road or any restriction on its use, including, without limitation,

(i) the manner in which, time at which and persons to whom such notification must be given, and

(ii) the duration of any such notification or the period over which such notifications must be given;

(c) requiring a person temporarily closing a resource road to do so in compliance with one or more of the following:

(i) a general wildlife measure established under the Forest and Range Practices Act;

(ii) all or part of any code or standard published by a national or international standards association, as amended from time to time;

(iii) the Canadian Foundation of Engineering Manual, as amended from time to time, as it applies to soil properties in relation to bridge piers and abutments;

(iv) a requirement or standard under any enactment.

Application to private land

142  (1) The Lieutenant Governor in Council may make regulations respecting roads on private land that is subject to a Forest Act agreement.

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

(a) respecting the standard of construction, modification, use, maintenance or deactivation of roads built on private land that is subject to prescribed Forest Act agreements;

(b) requiring a person constructing, modifying, using, maintaining or deactivating a road referred to in paragraph (a) to do so in compliance with one or more of the following:

(i) a general wildlife measure established under the Forest and Range Practices Act;

(ii) all or part of any code or standard published by a national or international standards association, as amended from time to time;

(iii) the Canadian Foundation of Engineering Manual, as amended from time to time, as it applies to soil properties in relation to bridge piers and abutments;

(iv) a requirement or standard under any enactment.

Materials used for resource roads

143  The Lieutenant Governor in Council may make regulations respecting sand pits, gravel pits, borrow pits, rock quarries or other quarries used to provide materials necessary for the authorized construction, modification, maintenance or deactivation of a resource road.

Use of resource roads

144  (1) The Lieutenant Governor in Council may make regulations respecting

(a) use of a resource road, and

(b) use and operation of motor vehicles on resource roads.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may, by regulation, require a person using a resource road to do so in compliance with a provision of any enactment.

(3) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting the ability of a holder of a road authorization applicable to a resource road to request or obtain money or any other benefit or compensation from any person wishing to use the resource road, including, without limitation, respecting the following:

(a) the persons from whom the holder may request or obtain the money or other benefit or compensation;

(b) the circumstances in which and the terms and conditions on which such money or other benefit or compensation may be required;

(c) the time and manner in which such money or other benefit or compensation may be required and must be provided.

Maintenance fees and capital costs

145  (1) The Lieutenant Governor in Council may make regulations respecting payment of maintenance fees and capital costs.

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

(a) establishing amounts to be paid for maintenance fees or capital costs or establishing the method by which those amounts are to be calculated, and prescribing the factors to be taken into account in making the calculation;

(b) respecting the manner, timing and frequency of payments of maintenance fees and capital costs.

Road use plans

146  (1) The Lieutenant Governor in Council may make regulations respecting road use plans.

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

(a) the circumstances in which a road use plan is required;

(b) the form and content of a road use plan;

(c) the requirements to conform with the content of a road use plan.

High traffic roads

147  The Lieutenant Governor in Council may make regulations respecting high traffic roads.

Streams, wetlands and lakes

148  The Lieutenant Governor in Council may make regulations as follows:

(a) respecting the classification of streams, wetlands and lakes;

(b) establishing riparian reserve zones, riparian management zones and riparian management areas for streams, wetlands and lakes.

Notification requirements

149  The Lieutenant Governor in Council may make regulations as follows:

(a) respecting the notice required under section 31 (2) of any intended restriction on or impairment of the right of a holder of a road authorization to access or use a resource road, including, without limitation,

(i) the manner in which, time at which and persons to whom such notice must be given, and

(ii) the duration of any such notice or the period over which such notice must be given;

(b) respecting the notice required under section 32 (1) of any new level of use of a resource road, including the manner in which and the information by which the use of a resource road, including the nature, extent and level of that use, is to be described;

(c) requiring persons to give written notice to the authority concerning when, if and to what extent the person has fulfilled or will fulfill a requirement under this Act;

(d) respecting a requirement imposed under paragraph (c).

Declarations

150  (1) The Lieutenant Governor in Council may make regulations respecting declarations under section 53.

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

(a) requirements under this Act in relation to which a declaration may be submitted;

(b) the period within which notice may be given under section 53 (4).

Division 3 — Compliance and Enforcement

Administrative remedies

151  (1) The Lieutenant Governor in Council may make regulations respecting administrative remedies under this Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting costs, charges, damages and penalties to be paid by or on behalf of a person who does not comply with this Act or the regulations.

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

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

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

Orders

152  The Lieutenant Governor in Council may make regulations respecting orders, including, without limitation,

(a) stop orders,

(b) contravention orders,

(c) intervention orders, and

(d) remediation orders.

Suspension and cancellation

153  The Lieutenant Governor in Council may make regulations respecting the suspension and cancellation of road authorizations or other authorizations under this Act, including, without limitation,

(a) prescribing road authorizations or other authorizations under this Act or classes of road authorizations or other authorizations under this Act that must not be cancelled unless the road authorizations or other authorizations under this Act are under suspension,

(b) prescribing circumstances in which a road authorization or other authorization under this Act must not be cancelled unless the road authorization or other authorization under this Act is under suspension,

(c) if a road authorization or other authorization under this Act must not be cancelled unless it is under suspension, prescribing a minimum period between the suspension and the cancellation, and

(d) prescribing circumstances in which a suspension of a road authorization or other authorization under this Act must be lifted.

Reconsideration

154  The Lieutenant Governor in Council may make regulations respecting the review, correction or clarification of a determination under this Act.

Appeals and appeal tribunal

155  The Lieutenant Governor in Council may make regulations respecting appeals and the appeal tribunal.

Forest Practices Board

156  The Lieutenant Governor in Council may make regulations respecting the following:

(a) audits referred to in section 121;

(b) complaints to the board under section 122, including, without limitation,

(i) the manner of making a complaint,

(ii) specifying which complaints may be heard,

(iii) the manner of dealing with complaints, and

(iv) the nature and extent of investigations which may be taken in relation to a complaint.

Part 17 — Transitional Provisions and Consequential Amendments

Implementation regulations

157  (1) The Lieutenant Governor in Council may make regulations considered appropriate to

(a) more effectively bring this Act into operation, and

(b) remedy any transitional difficulties encountered in doing so,

and, for that purpose, the Lieutenant Governor in Council may, by regulation, disapply or vary any provision of this Act.

(2) A regulation made under this section may be made retroactive to a date not earlier than the coming into force of this section.

(3) Subject to subsection (4), this section is repealed on the date that is 2 years after the coming into force of this section and on its repeal any regulations made under it are also repealed.

(4) The Lieutenant Governor in Council by regulation may substitute a date that is no later than 3 years after the coming into force of this section for the date referred to in subsection (3).

Exemptions and conditions remain in effect

158  (1) An exemption under section 22.1 of the Forest and Range Practices Act that was in effect immediately before the coming into force of this section

(a) remains in effect until the earlier of

(i) the date on which the exemption terminates in accordance with its terms, and

(ii) the date that is one year after the coming into force of this section, and

(b) is deemed to be an exemption granted under this Act.

(2) Any term or condition associated with an exemption referred to in subsection (1) remains in effect for so long as the exemption remains in effect and is deemed to be a term or condition made under this Act.

Transition — road authorizations

159  (1) A road authorization made, issued or granted before the coming into force of section 14 terminates on the earlier of the following:

(a) the date on which it

(i) expires,

(ii) is cancelled, or

(iii) is otherwise terminated;

(b) the date that is the later of

(i) 2 years after the coming into force of this section, and

(ii) any later date prescribed for the purposes of this section.

(2) A date prescribed for the purposes of subsection (1) (b) (ii) must be not later than 3 years after the coming into force of this section.

(3) If a road authorization referred to in subsection (1) includes or is subject to a maintenance condition in relation to a resource road, any resource road permit that is issued to the holder of the road authorization to replace the road authorization in relation to the resource road must, unless the authority otherwise orders, include a maintenance condition in relation to the resource road.

(4) If a road authorization referred to in subsection (1) that includes or is subject to a maintenance condition in relation to a resource road terminates under that subsection before a resource road permit is issued to the holder of the road authorization to replace the road authorization in relation to the resource road,

(a) the holder

(i) must, promptly after the termination of the road authorization, comply with section 45 (2) (b) as if the holder were a designated maintainer referred to in section 45 (1) (d), and

(ii) if authorized to deactivate the resource road under section 45 (4) (b) or (5) (a), must deactivate the resource road promptly after receiving that authorization, and

(b) Part 7 otherwise applies to the holder as if the holder were a designated maintainer of the resource road referred to in section 45 (1) (d).

Transition — maintenance agreements

160  For the purposes of section 38 (1) (a), an agreement referred to in that section made before the coming into force of section 38 remains in effect, as follows:

(a) if, within 6 months after the coming into force of section 38, one of the parties to the agreement gives notice to the other party that the party giving the notice wishes the agreement to terminate, the agreement remains in effect until the earlier of

(i) the date on which the parties enter into a new agreement referred to in section 38 (1) (a), and

(ii) the date that is 6 months after the coming into force of section 38;

(b) if no notice of termination is given under paragraph (a) of this section within 6 months after the coming into force of section 38, the agreement remains in effect until the date on which the agreement expires or is terminated in accordance with its terms.

Transition — appeal tribunal

161  Despite section 83 (2), the Lieutenant Governor in Council may, when appointing the first appeal tribunal, appoint to the appeal tribunal, without a merit-based process, any person who, at the time of the appointment, is

(a) a member of the Environmental Appeal Board continued under the Environmental Management Act, or

(b) a member of the Forest Appeals Commission continued under the Forest Practices Code of British Columbia Act.

Transition — no compensation

162  (1) In this section:

"compensation" includes damages;

"holder" means a person who holds

(a) a road authorization, or

(b) an authorization referred to in section 12 (1) (e) (ii) or 13 (1) (e) (ii).

(2) No compensation is payable by the government, and proceedings must not be commenced or maintained to claim compensation from the government or to obtain a declaration that compensation is payable by the government, in respect of anything arising out of this Act, including, without limitation, in respect of

(a) a right or authorization that was held by the holder that is diminished or otherwise affected by the coming into force of any provision of this Act or the regulations,

(b) an obligation to which the holder was subject that is made more onerous or is otherwise affected by the coming into force of any provision of this Act or the regulations, or

(c) the holder acquiring, as a result of the coming into force of any provision of this Act or the regulations, an obligation to which the holder was not previously subject.

Consequential Amendments

Builders Lien Act

163 Section 1.1 of the Builders Lien Act, S.B.C. 1997, c. 45, is amended

(a) by renumbering the section as section 1.1 (1),

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

(b) a resource road for which

(i) there is no designated maintainer, or

(ii) there is a designated maintainer if the maintenance condition applicable to the resource road is a surrender condition,

or any improvement done or caused to be done to the resource road by or for the government. , and

(c) by adding the following subsection:

(2) In subsection (1) (b), the terms "resource road", "designated maintainer", "maintenance condition" and "surrender condition" have the same meanings as in the Resource Road Act.

Coal Act

164 Section 10 of the Coal Act, S.B.C. 2004, c. 15, is repealed.

Community Charter

165 Section 35 (2) of the Community Charter, S.B.C. 2003, c. 26, is amended by adding the following paragraph:

(g.1) resource roads, as defined in the Resource Road Act, that

(i) immediately before the coming into force of section 209 of the Resource Road Act, were roads referred to in section 24 of the Forest and Range Practices Act, or

(ii) are constructed or maintained under the Resource Road Act by

(A) the minister responsible for the Forest Act,

(B) a forest holder, as that term is defined in the Resource Road Act, or

(C) a holder of a permit issued under the Mines Act,

and have not been declared to be public highways; .

Expropriation Act

166 Section 1 of the Expropriation Act, R.S.B.C. 1996, c. 125, is amended in the definition of "highway" by striking out "and includes a forest service road under section 121 of the Forest Act;" and substituting "and includes a resource road within the meaning of the Resource Road Act;".

Forest Act

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

(a) by repealing the definitions of "forest service road" and "road use permit", and

(b) by adding the following definitions:

"resource road" has the same meaning as in the Resource Road Act;

"road authorization" has the same meaning as in the Resource Road Act; .

168 Section 12 is amended

(a) in subsection (1) by adding "or" at the end of paragraph (i), by striking out ", or" at the end of paragraph (j) and by repealing paragraph (k), and

(b) in subsection (2) by adding "or" at the end of paragraph (a), by striking out ", or" at the end of paragraph (b) and by repealing paragraph (c).

169 Section 14 (h) is amended by adding "the Resource Road Act," before "the Wildfire Act and any regulations".

170 Section 15 is amended

(a) in subsection (2) (b) (iii) (B) by striking out "road permit" and substituting "road authorization",

(b) in subsection (2) (b) (iv) by striking out "Forest and Range Practices Act or" and substituting "Forest and Range Practices Act, the Resource Road Act or",

(c) in subsection (2) (c) (iii) (D) by striking out "Forest and Range Practices Act or" and substituting "Forest and Range Practices Act, the Resource Road Act or", and

(d) in subsection (3) (e) by adding "the Resource Road Act," before "the Wildfire Act and any regulations".

171 Sections 22 (g) and 30 (g) are amended by adding "the Resource Road Act," before "the Wildfire Act and any regulations".

172 Section 35 (1) is amended

(a) by repealing paragraph (d) (iv) (G) and substituting the following:

(G) construction, maintenance and deactivation of roads, including resource roads, , and

(b) in paragraph (o) by adding "the Resource Road Act," before "the Wildfire Act and any regulations".

173 Section 36 is amended

(a) in subsection (2) (b) (i), (ii) and (iii) (B) by striking out "road permit" and substituting "road authorization",

(b) in subsection (2) (b) (iv) by striking out "Forest and Range Practices Act or" and substituting "Forest and Range Practices Act, the Resource Road Act or",

(c) in subsection (2) (c) (iii) (D) by striking out "Forest and Range Practices Act or" and substituting "Forest and Range Practices Act, the Resource Road Act or", and

(d) in subsection (3) (d) by adding "the Resource Road Act," before "the Wildfire Act and any regulations".

174 Sections 41 (1) (g), 43.3 (h), 43.4 (5) (c) and 43.8 (h) are amended by adding "the Resource Road Act," before "the Wildfire Act and any regulations".

175 Section 45 (1) is amended

(a) by repealing paragraph (f) (iv) (F) and substituting the following:

(F) construction, maintenance and deactivation of roads, including resource roads; , and

(b) in paragraph (g) by adding "the Resource Road Act," before "the Wildfire Act and any regulations".

176 Section 46 is amended

(a) in subsection (2) (b) (i) and (iii) (B) by striking out "road permit" and substituting "road authorization",

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

(ii) provide security or a deposit required under this Act, the Resource Road Act or the Forest and Range Practices Act in respect of the woodlot licence or a road authorization associated with the woodlot licence, ,

(c) in subsection (2) (b) (iv) and (c) (iii) (D) by striking out "Forest and Range Practices Act or" and substituting "Forest and Range Practices Act, the Resource Road Act or", and

(d) in subsection (3) (d) by adding "the Resource Road Act," before "the Wildfire Act and any regulations".

177 Section 47.4 (2) (b) (i) (C) is amended by striking out "roads associated with" and substituting "roads, other than resource roads, associated with".

178 Sections 47.5 (1) (b) (ii) and (2) (d) (ii), 47.7 (h), 49 (2) (f), 50 (1) (c) and 52 (2) (b) are amended by adding "the Resource Road Act," before "the Wildfire Act and any regulations".

179 Section 54.4 (1) (c) is repealed.

180 Section 54.6 (1) (c) (ii) is amended by striking out "Forest and Range Practices Act or" and substituting "Forest and Range Practices Act, the Resource Road Act or".

181 Sections 75.1 (2) (a) and (b) and 75.95 (2) (a) are amended by striking out "road permits" and substituting "road authorizations".

182 Section 76 is amended

(a) in subsection (0.1) by striking out "timber sales agreement." and substituting "timber sales agreement or a road authorization that was a road permit immediately before the coming into force of subsection (1.01).",

(b) in subsection (1) by striking out "this Act or the Forest and Range Practices Act," and substituting "this Act, the Forest and Range Practices Act or the Resource Road Act,",

(c) in subsection (1) (d) by striking out "the Forest Practices Code of British Columbia Act or" and substituting "the Forest Practices Code of British Columbia Act, the Resource Road Act or",

(d) by adding the following subsection:

(1.01) In addition to any penalty, charge or order under this Act or the Forest and Range Practices Act, the regional manager or district manager may suspend, in whole or in part, rights under a road authorization if

(a) the road authorization was, immediately before the coming into force of this subsection, a road permit or a road use permit, and

(b) before the coming into force of this subsection, the holder of the road authorization

(i) made a material misrepresentation, omission or misstatement of fact in the application for the road permit or road use permit or in information provided in the application,

(ii) made a material misrepresentation, omission or misstatement of fact in an operational plan,

(iii) did not perform an obligation to be performed under the road permit or road use permit, or

(iv) failed to comply with the requirements under this Act, the Forest and Range Practices Act, the Forest Practices Code of British Columbia Act or the Wildfire Act. ,

(e) by repealing subsection (3) and substituting the following:

(3) Before rights are suspended under subsection (1), (1.01) or (2), the regional manager or district manager must serve a notice on the holder of the agreement or road authorization, as the case may be, specifying the reason for the suspension of rights and a date, at least 5 days after the date of service, on which the suspension takes effect. , and

(f) in subsection (6) by adding "or road authorization, as the case may be," after "agreement".

183 Section 78 (2) (c) is amended by striking out "or" at the end of subparagraph (ii.1) and by adding the following subparagraph:

(ii.2) the Resource Road Act or a regulation made under that Act, or .

184 Section 78.1 is amended

(a) in subsection (1) (b) (ii) by striking out "the Forest Practices Code of British Columbia Act," and substituting "the Forest Practices Code of British Columbia Act, the Resource Road Act,", and

(b) by repealing subsection (3).

185 Section 79 (2) (a) is amended by striking out "cutting permit, road permit or road use permit" and substituting "cutting permit".

186 Section 81 is amended

(a) in subsection (1) (b) (iii) (B) by striking out "road permit or road use permit" and substituting "road authorization",

(b) in subsection (1) (b) (iv) by striking out "the Forest Practices Code of British Columbia Act or" and substituting "the Forest Practices Code of British Columbia Act, the Resource Road Act or", and

(c) in subsection (2) (c) (iv) by striking out "the Forest Practices Code of British Columbia Act or" and substituting "the Forest Practices Code of British Columbia Act, the Resource Road Act or".

187 Section 81.1 is amended by striking out "or road permit".

188 Section 83 is amended by adding the following subsection:

(1.1) A timber mark that pertains to a road authorization

(a) is suspended if, under the Resource Road Act, the road authorization is suspended, or

(b) is cancelled if, under the Resource Road Act, the road authorization expires or is surrendered or cancelled.

189 Section 109 (2) (f.1) is repealed and the following substituted:

(f.1) a road authorization issued under the Resource Road Act that is associated with a licence referred to in this subsection; .

190 Sections 114 to 119 are repealed.

191 Section 121 is amended

(a) in subsection (1) by striking out "Forest and Range Practices Act or" and substituting "Forest and Range Practices Act, the Resource Road Act or",

(b) in subsection (1) (c) by adding ", modifying, maintaining or deactivating" after "constructing",

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

(7) A person designated by the minister may prepare explanatory plans

(a) for the purpose of permitting persons to dedicate a road to the government to be a resource road if

(i) consideration for the dedication has been agreed on, or

(ii) an agreement under section 3 (1) of the Expropriation Act has been made, or

(b) for the purpose of sections 5 (5) and 6 (4) (b) of the Expropriation Act. ,

(d) in subsection (8) by striking out "forest service road to the government" and substituting "road to the government under subsection (7)",

(e) by repealing subsection (9) and substituting the following:

(9) If a resource road is discontinued under section 30 of the Resource Road Act, the minister may dispose of any land that formed a part of the resource road to

(a) an owner of the land of which the resource road originally formed a part, or

(b) an owner of land adjoining that land.

192 Section 130 (1.1) (c) is amended by striking out "Forest Practices Code of British Columbia Act or" and substituting "Forest Practices Code of British Columbia Act, the Resource Road Act or".

193 Section 133 (2) is amended by striking out "this Act or the Forest and Range Practices Act" and substituting "this Act, the Forest and Range Practices Act or the Resource Road Act".

194 Section 136 (1.2) (d) (ii) is amended by adding ", including resource roads," after "logging roads".

195 Section 136 (1.2) (d) (iii) is amended by adding ", including resource roads," after "logging roads".

196 Section 170 is amended

(a) in subsection (2) (b) by striking out "or the Forest Practices Code of British Columbia Act," and substituting ", the Forest Practices Code of British Columbia Act or the Resource Road Act,",

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

(b) a road authorization that

(i) immediately before the coming into force of section 1 of the Resource Road Act, was a road permit, road use permit or special use permit, or

(ii) is issued or amended after the coming into force of section 1 of the Resource Road Act, and is, after that issuance or amendment, of the same nature and effect as a road permit, road use permit or special use permit within the meaning those terms had before the coming into force of section 1 of the Resource Road Act; ,

(c) in subsection (5) by striking out "or the Forest Practices Code of British Columbia Act," and substituting ", the Forest Practices Code of British Columbia Act or the Resource Road Act,", and

(d) in subsection (9) by striking out "and" at the end of paragraph (a) and by adding the following paragraph:

(a.1) a road authorization, and .

197 Section 171 is amended

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

(1) The minister, by written order, may do one or both of the following:

(a) attach conditions to an agreement or to a special use permit;

(b) require the Resource Road Authority under the Resource Road Act to attach conditions to a road authorization referred to in section 170 (3) (b) of this Act,

if the agreement, special use permit or road authorization relates to all or part of a designated area. , and

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

(3) The minister, by written order, may

(a) vary a condition attached under subsection (1) (a), or

(b) require the Resource Road Authority to vary a condition attached under subsection (1) (b).

198 Section 174 is amended

(a) in paragraph (a) by adding "the Resource Road Act," after "the Forest Practices Code of British Columbia Act,", and

(b) in paragraph (c) by striking out "licence or" and substituting "licence, road authorization referred to in section 170 (3) (b) or".

Forest and Range Practices Act

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

(a) in the definition of "deactivate" by striking out "in relation to a road," and substituting "in relation to a road, other than a resource road,", and

(b) in the definition of "forest practice" by striking out "on Crown forest land;" and substituting "on Crown forest land, but does not include the construction, modification, maintenance, use or deactivation of a resource road;".

200 Section 3 is amended

(a) in subsection (1) by striking out "constructs a road on land" and substituting "constructs a road, including a resource road, on land",

(b) in subsection (2) by adding "or" at the end of paragraph (a) and by repealing paragraph (b),

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

(d) that will be the subject of the activities described in paragraphs (a) and (c) of this subsection, and , and

(d) by adding the following subsection:

(2.1) Subject to section 4, a holder of a timber sale licence must not apply under the Resource Road Act for a resource road permit that authorizes the construction of a resource road to access the area that is subject to the timber sale licence unless the land on which the resource road is to be constructed is entirely contained within a forest development unit included in a forest stewardship plan prepared by the timber sales manager under subsection (2).

201 Section 5 (1.2) is amended by striking out "road permit" in both places and substituting "road authorization".

202 Section 7 (1) (a) is repealed and the following substituted:

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

203 Section 8 (3) (a) is amended by striking out "road permit," and substituting "road authorization,".

204 Section 10 is amended

(a) in subsection (1) (b) by striking out "road before the start" and substituting "road, other than a resource road, before the start", and

(b) in subsection (2) (a) by striking out "roads," and substituting "roads other than resource roads,".

205 Section 12 is amended

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

(2) The holder of a woodlot licence may obtain a cutting permit or apply for a road authorization, but only if the cutting permit or road authorization is consistent with a woodlot licence plan. , and

(b) in subsection (3) by striking out "obtain a cutting permit or road permit" and substituting "obtain a cutting permit or apply for a road authorization".

206 Section 15 (3) (b) is amended by striking out "road permit" and substituting "road authorization".

207 Section 19 is amended

(a) in subsections (1) and (2) (a) by striking out "road permit" wherever it appears and substituting "road authorization",

(b) in subsections (1) and (3.1) by striking out "road permit" wherever it appears and substituting "road authorization",

(c) in subsection (1) (b) by striking out "permit." and substituting "cutting permit or road authorization.", and

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

(4) An approval or a refusal to approve a forest stewardship plan or an amendment does not affect the discretion of the government, under section 9 of the Resource Road Act, to construct a resource road to provide access to an area to be harvested under a timber sale licence.

208 Sections 22 to 23 are repealed and the following substituted:

Construction, maintenance or deactivation

23.1  (1) A holder of an agreement under the Forest Act must not construct a road unless,

(a) in the case of a resource road, the construction is authorized under the Resource Road Act, or

(b) in any other case,

(i) the road is authorized to be constructed under a cutting permit, a timber sale licence that does not provide for cutting permits or a woodlot licence, and

(ii) the holder constructs the road in accordance with this Act, the regulations, the standards and any applicable forest stewardship plan or woodlot licence plan.

(2) If required to do so under the regulations, a person must maintain, in accordance with this Act, the regulations and the standards,

(a) a road that was constructed under subsection (1) (b), and

(b) a road, other than a resource road, that

(i) was constructed before the coming into force of this section, and

(ii) immediately before the coming into force of this section, the person was responsible for maintaining

until the road is deactivated or for the prescribed period.

(3) A person must not deactivate a road referred to in subsection (2) unless

(a) that person is the person who is required to maintain the road under subsection (2), and

(b) the road is deactivated in accordance with the regulations and the standards.

Use of a road

23.2  A person who uses a road referred to in section 23.1 (1) (b) must do so in accordance with this Act and the regulations.

209 Section 24 is amended by striking out "a road" and substituting "a road, other than a resource road,".

210 Section 52 is amended

(a) in subsection (1) by adding the following paragraph:

(b.2) under the Resource Road Act, , and

(b) in subsection (3) by adding the following paragraph:

(a.1) under a road authorization under the Resource Road Act, .

211 Section 77.1 is amended by adding the following subsection:

(6) In this section:

"forest practice" includes the construction, modification, maintenance, use or deactivation of a resource road within the meaning of the Resource Road Act;

"road permit" means a road permit granted under section 115 of the Forest Act, and includes a resource road permit, within the meaning of the Resource Road Act, issued under section 16 of the Resource Road Act to a holder of an agreement under the Forest Act.

212 Section 87 is amended

(a) in subsection (2) by striking out "22 (2)," and substituting "23.1 (1), (2) or (3), 23.2,",

(b) in subsection (3) (a) by striking out "22.1 (1), (2), (5) or (6),", and

(c) in subsection (4) by striking out "23 (1),".

213 Section 107 is amended by adding the following subsection:

(7) Nothing in this section applies to a resource road or a road authorization.

214 Section 155 (1) is repealed and the following substituted:

(1) The Lieutenant Governor in Council may make regulations, in relation to roads other than resource roads, respecting the following:

(a) the use of roads and rights of way;

(b) the regulation or prohibition of the use and operation of vehicles or classes of vehicles on roads or rights of way;

(c) the regulation or prohibition of road construction, maintenance or deactivation;

(d) the transfer of an obligation to maintain or deactivate a road.

215 Section 193 (1) and (2) (a) is amended by striking out "deactivation of a road," and substituting "deactivation of a road other than a resource road,".

216 Section 194 (1) and (2) is amended by striking out "road construction, maintenance or deactivation" wherever it appears and substituting "construction, maintenance or deactivation of a road, other than a resource road,".

217 Section 197 is amended

(a) in subsection (6) by striking out "road construction on an area" and substituting "construction of a road, other than a resource road, on an area", and

(b) by adding the following subsection:

(7.1) Nothing in subsection (7) applies to a resource road or a road authorization.

218 Section 201 (3) is repealed and the following substituted:

(3) Despite section 12, before a holder of a woodlot licence obtains approval of a woodlot licence plan, the holder may apply for

(a) a cutting permit in accordance with the Code and the Code regulations, and

(b) a road authorization in accordance with the Resource Road Act.

219 Section 209 is amended by adding the following subsection:

(3) Nothing in this section affects the application of the Resource Road Act and the regulations made under that Act.

Forests and Range Statutes Amendment Act, 2008

220 Section 12 of the Forests and Range Statutes Amendment Act, 2008, S.B.C. 2008, c. 4, as it enacts section 136 (1.2) (d) (iii) of the Forest Act, R.S.B.C. 1996, c. 157, is amended by adding ", including resource roads," after "logging roads".

221 Section 17, as it enacts section 5 (1.2) of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is amended by striking out "road permit" in both places and substituting "road authorization".

222 Section 21 (c), as it enacts section 8 (3) (a) of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is amended by striking out "road permit," and substituting "road authorization,".

223 Section 26, as it amends section 19 of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is amended

(a) in section 19 (1) and (3.1) by striking out "road permit" wherever it appears and substituting "road authorization", and

(b) in section 19 (1) (b) by striking out "permit." and substituting "cutting permit or road authorization."

Freedom of Information and Protection of Privacy Act

224 Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by adding the following:

Industrial Roads Act

225 The Industrial Roads Act, R.S.B.C. 1996, c. 189, is repealed.

Land Act

226 Section 1 of the Land Act, R.S.B.C. 1996, c. 245, is amended by adding the following definition:

"resource road" has the same meaning as in the Resource Road Act; .

227 Section 7 (5) (b) is repealed and the following substituted:

(b) a resource road; .

228 Section 14 (1) (c) is amended by striking out "construct a road," and substituting "construct a road, other than a resource road,".

Land Title Act

229 Section 69 (1) (b) of the Land Title Act, R.S.B.C. 1996, c. 250, is amended by striking out "or forest service road," and substituting "or resource road within the meaning of the Resource Road Act,".

Mineral Tenure Act

230 Section 11.1 of the Mineral Tenure Act, R.S.B.C. 1996, c. 292, is repealed.

Mining Right of Way Act

231 Section 1 of the Mining Right of Way Act, R.S.B.C. 1996, c. 294, is amended

(a) by repealing the definitions of "forest officer" and "forest service road", and

(b) by repealing the definition of "road" and substituting the following:

"road" does not include a resource road within the meaning of the Resource Road Act.

232 Sections 6 (1) and 7 (1) and (2) are amended by striking out "Subject to this section and to regulations made under the Industrial Roads Act," and substituting "Subject to this section,".

233 Section 8 is repealed.

Ministry of Energy and Mines Act

234 Section 23 (2) (e) of the Ministry of Energy and Mines Act, R.S.B.C. 1996, c. 298, is amended by adding ", other than resource roads," after "of roads".

235 Section 24 is amended by adding ", other than a resource road," after "on a road".

Motor Vehicle Act

236 Section 1 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by repealing the definition of "industrial road" and substituting the following:

"industrial road" has the same meaning as "resource road" in the Resource Road Act; .

Occupiers Liability Act

237 Section 8 (2) of the Occupiers Liability Act, R.S.B.C. 1996, c. 337, is amended

(a) by repealing paragraph (c), and

(b) by repealing paragraph (e) and substituting the following:

(e) a resource road as defined in the Resource Road Act.

Oil and Gas Activities Act

238 Section 18 (2) (c) of the Oil and Gas Activities Act is amended by striking out "and" at the end of subparagraph (i), by adding ", and" at the end of subparagraph (ii) and by adding the following subparagraph:

(iii) applications made by a holder of a permit for the issuance, amendment or transfer of a road authorization within the meaning of the Resource Road Act.

239 Section 28 (1) is amended in the definition of "applicable Act" by adding ", the Resource Road Act" after "the Railway Safety Act".

240 Section 34 is amended by striking out "Subject to subsection (2) and" and substituting "Subject to".

241 Section 51 is amended by adding the following subsection:

(3) In this section, "resource road" has the same meaning as in the Resource Road Act.

242 Section 111 is amended by adding the following subsection:

(3) If the Resource Road Act applies to a road prescribed under subsection (2) (a), a regulation made under subsection (2) with respect to that road is of no force or effect.

Oil and Gas Commission Act

243 Section 17 (3) of the Oil and Gas Commission Act, S.B.C. 1998, c. 39, is repealed.

Petroleum and Natural Gas Act

244 Section 8 of the Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, is repealed.

245 Section 16 (2) (c) is repealed and the following substituted:

(c) if the application is for the purposes of a conservation scheme, a copy of the commission's approval of, or order for, the scheme.

246 Section 31 (d) is repealed.

247 Section 133 (2) (u) is repealed.

Pipeline Act

248 Section 1 (1) of the Pipeline Act, R.S.B.C. 1996, c. 364, is amended by adding the following definition:

"resource road" has the same meaning as in the Resource Road Act; .

249 Section 7 (e) is amended by adding "other than resource roads," after "necessary and convenient roads,".

250 Section 31 (1) is amended by adding "resource road," after "private road,".

Resource Road Act

251 Section 1 of the Resource Road Act is amended by repealing paragraph (e) of the definition of "applicable ministers" and substituting the following:

(e) the minister charged with the administration of the Oil and Gas Activities Act; .

252 Section 6 (1) (a) (v) and (3) (e) is repealed and the following substituted:

(v) the commissioner within the meaning of the Oil and Gas Activities Act; .

253 Section 138 (2) is amended

(a) in paragraph (a) by striking out "the Forest and Range Practices Act;" and substituting "the Forest and Range Practices Act or a measure established under the authority of a regulation made under section 104 of the Oil and Gas Activities Act;", and

(b) by adding the following paragraph:

(e) a regulation under section 103 of the Oil and Gas Activities Act.

254 Section 139 (2) is amended

(a) in paragraph (a) by striking out "the Forest and Range Practices Act;" and substituting "the Forest and Range Practices Act or a measure established under the authority of a regulation made under section 104 of the Oil and Gas Activities Act;", and

(b) by adding the following paragraph:

(e) a regulation under section 103 of the Oil and Gas Activities Act.

255 Section 140 (2) (b) is amended

(a) in subparagraph (i) by striking out "the Forest and Range Practices Act;" and substituting "the Forest and Range Practices Act or a measure established under the authority of a regulation made under section 104 of the Oil and Gas Activities Act;", and

(b) by adding the following subparagraph:

(v) a regulation under section 103 of the Oil and Gas Activities Act.

256 Section 141 (2) (c) is amended

(a) in subparagraph (i) by striking out "the Forest and Range Practices Act;" and substituting "the Forest and Range Practices Act or a measure established under the authority of a regulation made under section 104 of the Oil and Gas Activities Act;", and

(b) by adding the following subparagraph:

(v) a regulation under section 103 of the Oil and Gas Activities Act.

257 Section 142 (2) (b) is amended

(a) in subparagraph (i) by striking out "the Forest and Range Practices Act;" and substituting "the Forest and Range Practices Act or a measure established under the authority of a regulation made under section 104 of the Oil and Gas Activities Act;", and

(b) by adding the following subparagraph:

(v) a regulation under section 103 of the Oil and Gas Activities Act.

258 The following sections are repealed:

(a) sections 194 and 220;

(b) section 221;

(c) section 222;

(d) sections 207 (a) and 223;

(e) section 202.

259 The following sections are repealed:

(a) section 195;

(b) section 201;

(c) section 203;

(d) section 207 (b) and (c).

Transportation Act

260 Division 5 of Part 4 of the Transportation Act, S.B.C. 2004, c. 44, is repealed and the following substituted:

Division 5 — Resource Roads

Resource roads

56  (1) In this section, "resource road" has the same meaning as in the Resource Road Act.

(2) If an assignment of a resource road is made under section 114 of the Resource Road Act, the Lieutenant Governor in Council may, with the consent of the minister charged with the administration of the Transportation Act, order that the assigned road become, for the purposes of this Act,

(a) if and to the extent it is located in a municipality, an arterial highway, or

(b) in any other case, a rural highway.

(3) Without limiting any right or power of the minister charged with the administration of this Act, the Lieutenant Governor in Council may, with the consent of the minister charged with the administration of this Act and the minister charged with the administration of the Ministry of Forests and Range Act, order that a provincial public highway cease to be a provincial public highway and become a resource road, and, in that event, the provincial public highway is deemed to be closed and discontinued as a public highway at the time it becomes a resource road.

(4) Before an order is made under subsection (2) (a) in relation to a resource road, the minister charged with the administration of this Act must consult with the municipal council of the municipality in which the resource road or a part of it is located.

Youth Justice Act

261 Section 17 (2) of the Youth Justice Act, S.B.C. 2003, c. 85, is amended by striking out "industrial road" and substituting "resource road within the meaning of the Resource Road Act".

Commencement

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

 
Explanatory Note

This Bill requires that permits be held for all industrial uses, and prescribed commercial uses, of roads in British Columbia other than highways. It establishes a Resource Road Authority and allows that authority and its delegates to issue, amend and transfer road authorizations. The Bill provides for particular users of resource roads to be tasked with the maintenance and deactivation of those roads, while at the same time allowing the government to remediate and close roads where necessary. It provides that resource roads are only to be constructed, modified, maintained or deactivated under appropriate road authorizations and establishes the ability to set the standards by which that construction, modification, maintenance and deactivation is to be performed. It provides for the manner in which resource roads are to be used, and contemplates that additional directions can be given for roads that have a high level of traffic. It also provides for the authority to enforce the provisions of road authorizations, this Act and the regulations, and establishes an enforcement regime that provides for both reviews and appeals of authority determinations.