BILL 8 – 2008
FORESTS AND RANGE STATUTES AMENDMENT ACT, 2008

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

Forest Act

1 Sections 15 (6) (a), 28 (4), 33 (9), 36 (6) (a), 43.4 (9) (a), 44 (9), 46 (7) (a), 50 (1), 72 (1) and (2) and 73 (1) of the Forest Act, R.S.B.C. 1996, c. 157, are amended by striking out "an agreement in the form of".

2 The heading to Division 9 of Part 3 is repealed and the following substituted:

Division 9 — Free Use Permits for First Nations and Others .

3 Section 48 is amended

(a) in subsection (1) by striking out "An agreement in the form of a free use permit" and substituting "A free use permit", and

(b) in subsection (2) by adding "with an applicant described in subsection (1) (a) to (f)" after "a free use permit must not be entered into".

4 Section 48 (2) is amended by adding "and (h)" after "subsection (1) (a) to (f)".

5 Section 49 (2.1) is amended by striking out ", but not exceeding 250 m³".

6 The following Division heading is added after section 49:

Division 9.1 — Christmas Tree Permits and Government Use .

7 Sections 84 (1) and (3) and 86 (1) and (2) (a) are amended by striking out "conspicuously".

8 Section 84 (2) is repealed.

9 Section 89 (2) is repealed and the following substituted:

(2) A person who applies a marine log brand under subsection (1) must mark the timber in the prescribed manner.

10 Section 105 is amended

(a) in subsections (1) and (3) by striking out "under subsections (6) and (7)," and substituting "under subsection (6) and orders under subsection (7),", and

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

(7) If the Lieutenant Governor in Council considers it to be in the public interest, he or she may

(a) subject to subsection (6), order that stumpage rates applicable to all timber or a class of timber in an area of British Columbia or cut under an agreement are to be lower than the rates determined under subsection (1) for a period not exceeding one year, and

(b) attach conditions to an order made under paragraph (a).

(8) On the date that a condition attached to an order made under subsection (7) (a) is not complied with,

(a) the order is terminated, and

(b) the stumpage rate must be determined, redetermined or varied in the same manner as it was determined, redetermined or varied immediately before the order was made.

11 Section 109 is amended

(a) in subsection (2) by adding the following paragraph:

(i) if the crediting is approved by Treasury Board, money derived from an expenditure made under subsection (3) (e). , and

(b) in subsection (3) by striking out "and" at the end of paragraph (c), by adding ", and" at the end of paragraph (d) and by adding the following paragraph:

(e) if the expenditure is for a prescribed purpose and is approved by Treasury Board.

12 Section 136 is amended

(a) in subsection (1.1) by striking out "to the regional manager" and substituting "to a person designated by the minister",

(b) by repealing subsection (1.2) (d) and substituting the following:

(d) the cost of each of the following:

(i) harvesting timber;

(ii) transporting harvested timber;

(iii) constructing and maintaining logging roads and bridges;

(iv) manufacturing timber products in the facility;

(v) selling products that are manufactured from timber;

(vi) forest management administration; ,

(c) in subsection (1.2) (f) by adding "or products derived from timber" after "related to timber", and

(d) in subsection (2) (b) by striking out "by the regional manager or a forest officer authorized by the regional manager," and substituting "by a person designated by the minister,".

13 Section 163 (2) is amended by striking out "136 (1) or 163.1" and substituting "136 (1) or (1.1) or 163.1".

14 Section 163 (4) is amended by striking out "84 (2),".

Forest and Range Practices Act

15 Section 3 of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is amended

(a) in subsections (1) and (2) by striking out ", subject to section 4 (2)," and substituting ", subject to section 4,", and

(b) by repealing subsection (3).

16 Section 4 is repealed and the following substituted:

Exemption from forest stewardship plans

4  (1) If a forest stewardship plan held by the holder of a licence or an agreement referred to in section 3 (1) or by the timber sales manager referred to in section 3 (2) does not apply to an area outside the forest development unit to which the plan pertains, in which area the holder or timber sales manager will harvest timber or construct a road, the holder or timber sales manager, as the case may be, is exempt in respect of the outside area from the requirement for a forest stewardship plan, but only in the following circumstances:

(a) if harvesting timber to eliminate a safety hazard;

(b) if harvesting timber to facilitate the collection of seed, leaving an opening not greater than 1 ha;

(c) if removing felled trees from landings and road rights of way;

(d) if harvesting timber not exceeding a volume of 500 m³ that, in the opinion of the minister, has been treated or will be treated by the holder or timber sales manager to facilitate the entrapment or elimination of pests;

(e) if harvesting timber or constructing roads incidental to one or more primary forest activities and the timber harvested outside the forest development unit does not exceed 50 m³;

(f) other prescribed circumstances.

(2) The minister may exempt a person from preparing a forest stewardship plan under section 3 (1) or (2) for timber to be harvested or roads to be constructed if the timber harvesting or road construction is to be carried out in prescribed circumstances or under prescribed conditions.

17 Section 5 is amended

(a) in subsection (1.1) by striking out "section 5 (1) (b)." and substituting "subsection (1) (b) (ii).", and

(b) by adding the following subsection:

(1.2) The objectives set by government, or the other objectives referred to in subsection (1) (b) (ii), that are in effect when

(a) a cutting permit or road permit is issued,

(b) a timber sale licence is advertised,

(c) a forest stewardship plan is amended in accordance with section 20 to provide for a declared area as prescribed by regulation, or

(d) the part of a proposed forest stewardship plan pertaining to a cutblock or road in a forest development unit is considered to have received the minister's approval in accordance with section 196 (1),

apply to the cutting permit, road permit, timber sale licence, declared area, cutblock or road, as the case may be.

18 Section 6 (2) is repealed and the following substituted:

(2) The minister by written notice given to the holder may grant one extension of the term of a forest stewardship plan before or after it expires for an additional period not exceeding 5 years in the circumstances specified by regulation, provided the total term of the forest stewardship plan does not exceed 10 years from the date specified under subsection (1) (b).

19 Section 7 is repealed.

20 The following section is added:

Approval of forest stewardship plan or amendment

7.1  (1) The minister must approve a forest stewardship plan or an amendment to a forest stewardship plan if the plan or amendment conforms to section 5.

(2) A forest stewardship plan or an amendment to a forest stewardship plan conforms to section 5 if

(a) a person with prescribed qualifications certifies that it conforms to section 5 in relation to prescribed subject matter, and

(b) the minister is satisfied that it conforms to section 5 in relation to subject matter not prescribed for the purpose of paragraph (a).

(3) A forest stewardship plan or an amendment to a forest stewardship plan that is submitted to the minister for approval must be considered to have conformed to this Act, the regulations, the standards and the objectives set by government if the plan or amendment conforms to the relevant provisions of this Act, the regulations, the standards and the objectives as they were 4 months before the date of the submission of the plan or amendment to the minister.

(4) The Lieutenant Governor in Council, by order, may declare that a forest stewardship plan or an amendment to a forest stewardship plan that is submitted to the minister for approval, despite subsection (3), must immediately conform to some or all of this Act, the regulations, the standards and the objectives set by government as set out in the order.

(5) Except in prescribed circumstances, before approving a forest stewardship plan or an amendment to a forest stewardship plan, the minister may require the holder of the proposed plan or amendment to submit information that the minister reasonably requires in order to determine if the proposed plan or amendment conforms to subsection (1).

(6) The minister must give written reasons for refusing to approve a forest stewardship plan or an amendment to a forest stewardship plan.

21 Section 8 is amended

(a) by repealing subsections (1) and (1.1) and substituting the following:

(1) Subject to subsection (2), the holder of a forest stewardship plan, within the applicable period set out in subsection (1.1), must propose and submit for approval by the minister amendments to the plan that take into account one or more of the following events that affect an area under the plan:

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

(b) an objective set by government applicable to the forest development unit is established, varied or cancelled;

(c) if specified by regulation, another objective applicable to the forest development unit is established, varied or cancelled by order under this Act.

(1.1) The applicable period is

(a) 2 years, or

(b) a longer period specified in

(i) an enactment referred to in subsection (1) (a),

(ii) an objective set by government referred to in subsection (1) (b), or

(iii) an order referred to in subsection (1) (c). ,

(b) in subsection (2) by striking out "than that described in subsection (1)" and substituting "than the applicable period set out in subsection (1.1)" and by striking out "the period mentioned in subsection (1)." and substituting "the applicable period set out in subsection (1.1).", and

(c) by adding the following subsections:

(3) Subsection (1) (a), unless otherwise prescribed, and subsection (1) (b) and (c) do not apply to the portion of an area that is subject to a forest stewardship plan if

(a) that portion is subject to a cutting permit or road permit,

(b) a timber sale licence that has been advertised applies to that portion,

(c) a road is being, or has been, constructed under section 121 of the Forest Act over that portion, or

(d) that portion conforms to prescribed criteria.

(4) If the minister receives information that gives the minister reason to believe that a forest stewardship plan or an amendment to a forest stewardship plan did not, at the time of its approval under section 7.1, conform to section 5, in relation to the prescribed subject matter referred to in section 7.1 (2) (a), the minister, after giving the holder of the plan an opportunity to be heard,

(a) may determine whether, at the time of its approval, the plan conformed to section 5 in relation to the prescribed subject matter referred to in section 7.1 (2) (a), and

(b) in the case of a plan determined under paragraph (a) to be non-conforming, may order the holder to amend the plan to so conform, by a date specified in the order.

(5) The holder of a forest stewardship plan who receives notice of an order made under subsection (4) must comply with the order.

22 The following section is added:

Approval of woodlot licence plan or amendment

14.1  (1) The minister must approve a woodlot licence plan or an amendment to a woodlot licence plan if the plan or amendment conforms to section 13.

(2) A woodlot licence plan or an amendment to a woodlot licence plan conforms to section 13 if

(a) a person with prescribed qualifications certifies that it conforms to section 13 in relation to prescribed subject matter, and

(b) the minister is satisfied that it conforms to section 13 in relation to subject matter not prescribed for the purpose of paragraph (a).

(3) A woodlot licence plan or an amendment to a woodlot licence plan that is submitted to the minister for approval must be considered to have conformed to this Act, the regulations, the standards and the objectives set by government if the plan or amendment conforms to the relevant provisions of this Act, the regulations, the standards and the objectives as they were 4 months before the date of the submission of the plan or amendment to the minister.

(4) The Lieutenant Governor in Council, by order, may declare that a woodlot licence plan or an amendment to a woodlot licence plan that is submitted to the minister for approval, despite subsection (3), must immediately conform to some or all of this Act, the regulations, the standards and the objectives set by government as set out in the order.

(5) Except in prescribed circumstances, before approving a woodlot licence plan or an amendment to a woodlot licence plan, the minister may require the holder of the proposed plan or amendment to submit information that the minister reasonably requires in order to determine if the proposed plan or amendment conforms to subsection (1).

(6) The minister must give written reasons for refusing to approve a woodlot licence plan or an amendment to a woodlot licence plan.

23 Section 15 is amended by adding the following subsections:

(4) If the minister receives information that gives the minister reason to believe that a woodlot licence plan or an amendment to a woodlot licence plan did not, at the time of its approval under section 14.1, conform to section 13, in relation to the prescribed subject matter referred to in section 14.1 (2) (a), the minister, after giving the holder of the plan an opportunity to be heard,

(a) may determine whether, at the time of its approval, the plan conformed to section 13 in relation to the prescribed subject matter referred to in section 14.1 (2) (a), and

(b) in the case of a plan determined under paragraph (a) to be non-conforming, may order the holder to amend the plan to so conform, by a date specified in the order.

(5) The holder of a woodlot licence plan who receives notice of an order made under subsection (4) must comply with the order.

24 Section 16 is repealed.

25 Section 17 is repealed and the following substituted:

Approval in emergency cases

17  (1) If the minister determines that timber identified in a forest stewardship plan, a woodlot licence plan, or an amendment to either, that has been submitted for approval should be harvested without delay because it is in danger of being damaged, significantly reduced in value, lost or destroyed, the minister, in prescribed circumstances, may approve the plan or amendment even though the plan or amendment does not conform to section 5 or 13, as applicable.

(2) A forest stewardship plan, woodlot licence plan, or an amendment to either, approved under subsection (1) must conform to section 5 or 13, as applicable, within the prescribed period.

26 Section 19 (1) and (2) is repealed and the following substituted:

(1) An approval or a refusal to approve a forest stewardship plan, a woodlot licence plan, or an amendment to either, does not affect a cutting permit or road permit if

(a) the cutting permit or road permit is in effect immediately before the approval or refusal, and

(b) harvesting or road construction, as applicable, has begun under the permit.

(3.1) The holder of a cutting permit or road permit referred to in subsection (1), or of a timber sale licence referred to in subsection (3), must ensure that

(a) the intended results or strategies specified in the forest stewardship plan or woodlot licence plan, as the case may be, that was in effect immediately before the approval or refusal referred to in subsection (1) or (3) are achieved or carried out, and

(b) a free growing stand respecting the cutting permit, road permit or timber sale licence is established in accordance with the stocking standards specified in the forest stewardship plan or woodlot licence plan, as the case may be, that was in effect immediately before the approval or refusal referred to in subsection (1) or (3).

(3.2) For the purposes of subsection (3.1), a forest stewardship plan, or woodlot licence plan, that is expired may be amended as if unexpired.

27 Section 20 (1) is amended by striking out "Despite section 16," and substituting "Despite sections 7.1 and 14.1,".

28 The following section is added to Division 4 of Part 2:

Amendments to expired plans for stocking standards

20.1 Despite the expiry of a forest stewardship plan or a woodlot licence plan, the plan may be amended as if unexpired if the amendment is in respect of stocking standards set out in the plan.

29 Sections 79 (1), 80 (1) and 81 (1) are amended by striking out "section 16," and substituting "section 7.1, 14.1,".

30 Section 87 (3) (b) is amended by striking out "section 16 (5)," and substituting "section 8 (5), 15 (5),".

31 Section 122 (1) is repealed and the following substituted:

(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 with the requirements of Parts 2 to 5 and the regulations and standards made in relation to those Parts by a party, and

(d) the appropriateness of government enforcement under Part 6.

32 Section 196 (1) is repealed and the following substituted:

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

(a) a cutblock, if the cutblock has been included in a forest development plan that is in effect on the date of the submission of the forest stewardship plan to the minister, with the assessments required in sections 16, 17, 36.1 and 37 of the Operational and Site Planning Regulation shown as completed, and

(b) a road, if the road has been included in a forest development plan that is in effect on the date of the submission of the forest stewardship plan to the minister, with assessments required in section 5 of the Forest Road Regulation shown as completed.

Wildfire Act

33 Section 4 of the Wildfire Act, S.B.C. 2004, c. 31, is repealed and the following substituted:

Use of open fires — application

4  (1) Sections 5 and 6 do not apply inside the boundaries of

(a) the City of Vancouver, or

(b) a municipality that is not a prescribed municipality referred to in subsection (2).

(2) Sections 5 and 6 apply to all areas inside the boundaries of a prescribed municipality, or of a local government that is a local government under paragraphs (c) to (f) of the definition of "local government" in section 1, except the areas in respect of which the municipality or the local government has a bylaw that

(a) relates to the lighting, fueling or use of open fires in the area, and

(b) meets prescribed criteria.

(3) Despite subsections (1) and (2), and except in prescribed circumstances, sections 5 and 6 apply to areas of private managed forest land as defined in the Private Managed Forest Land Act.

34 Section 68 (1) is repealed and the following substituted:

(1) In accordance with the regulations,

(a) the board

(i) must carry out periodic independent audits, and

(ii) may carry out special investigations

to determine

(iii) compliance with the requirements of Parts 1 and 2 and the regulations made in relation to those Parts by a party, and

(iv) the appropriateness of government enforcement under Part 3, and

(b) the board must deal with complaints from the public respecting prescribed matters that relate to this Act.

35 Section 69 (2) is amended by adding the following paragraphs:

(c) for the purposes of section 4 (2), prescribing

(i) a municipality within the boundaries of which sections 5 and 6 apply, and

(ii) the criteria that must be met by a bylaw of a municipality prescribed under subparagraph (i) or of a local government in order that sections 5 and 6 do not apply to the areas that are subject to the bylaw;

(d) for the purposes of section 4 (3), prescribing the circumstances in respect of which sections 5 and 6 do not apply to areas of private managed forest land.

Commencement

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