BILL 5 — 2014
FORESTS, LANDS AND NATURAL RESOURCE OPERATIONS
STATUTES AMENDMENT ACT, 2014

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 Section 14 of the Forest Act, R.S.B.C. 1996, c. 157, is amended

(a) by renumbering the section as section 14 (1),

(b) in subsection (1) by adding the following paragraph:

(b.1) may require, subject to subsection (2), that timber harvesting under the licence be restricted to one or more of the following:

(i) a portion of a timber supply area;

(ii) a type of timber;

(iii) a type of terrain, , and

(c) by adding the following subsection:

(2) A requirement described in subsection (1) (b.1) must not be included in the following:

(a) a forest licence entered into before the date this subsection comes into force, unless

(i) the forest licence already includes the requirement, or

(ii) the holder of the forest licence agrees to include the requirement;

(b) a replacement for a replaceable forest licence, unless paragraph (a) (i) or (ii) of this subsection applies in relation to the replaceable forest licence.

2 Section 14.1 (2) is amended

(a) by adding "and" at the end of paragraph (c), and

(b) by repealing paragraph (d).

3 The following section is added to Division 9 of Part 3:

Free use permit in area subject to area-based licence

49.1  (1) In this section, "area-based licence" means a community forest agreement, a first nations woodland licence or a woodlot licence.

(2) With the consent of the holder of an area-based licence, the minister may enter into a free use permit authorizing the holder of the permit to harvest timber from Crown land within the area subject to the area-based licence.

(3) Despite sections 48 (1) and 49 (1), the minister may enter into a free use permit under this section only with an applicant described in section 48 (1) (a.1), (b), (c), (d), (g) or (h).

(4) Despite subsection (3), the minister must not enter into a free use permit with an applicant described in section 48 (1) (a.1), (b), (c), (d) or (h) if, on land the applicant owns or occupies, there is sufficient timber that is reasonably accessible for the purpose specified in the application.

(5) Section 49 (2) and (2.2) applies to a free use permit entered into under this section except that the minister may not, under section 49 (2.1), enter into a free use permit with an applicant described in section 48 (1) (g) for a volume exceeding 50 m³.

(6) Sections 48 (3) and 49 (3) and (4) do not apply in respect of a free use permit entered into under this section.

4 The following section is added:

Bonus bid equalization payment for attributed timber volumes

75.12  (1) The holder of a licence for which a bonus bid was tendered must pay an amount to the government, in accordance with the regulations, if

(a) a volume of timber harvested under another licence is attributed to the holder's licence under the authority of a regulation made under section 75.1 (3) (b) or 75.11 (2) (a), and

(b) the bonus bid that was tendered for the holder's licence is higher than the bonus bid, if any, that was tendered for the licence under which the attributed volume was harvested.

(2) Without limiting Division 3 of Part 12, the Lieutenant Governor in Council may make regulations respecting payments required under subsection (1), including, without limitation,

(a) the criteria, circumstances, rules, methods or formulas to be used in calculating the amount payable,

(b) the time period within which the amount must be paid, and

(c) the form and manner of payment.

5 Section 111 is amended

(a) in subsection (1) (a) by striking out "forest licence," and substituting "forest licence other than a supplemental forest licence,",

(b) in subsection (1) by striking out "or" at the end of paragraph (a) and by adding the following paragraph:

(a.1) cutting permit issued under a supplemental forest licence, as defined in section 14.2 (1), or ,

(c) in subsection (1) by striking out "even if the licence or agreement" and substituting "even if the licence, agreement or permit",

(d) in subsection (4) by striking out "may classify agreements" and substituting "may classify licences, agreements or permits", and

(e) in subsection (4) (a) and (b) by striking out "agreements" and substituting "licences, agreements or permits".

6 Section 128 (2) (b) is amended by striking out "5 000 bone dry units" and substituting "200 000 bone dry units".

Land Title Act

7 Section 108 of the Land Title Act, R.S.B.C. 1996, c. 250, is amended

(a) in subsection (3) by striking out "that is included in a subdivision or reference plan", and

(b) by adding the following subsections:

(5.1) Subject to any terms or conditions the Lieutenant Governor in Council considers appropriate, the Lieutenant Governor in Council may order retroactively that subsection (2) did not operate on one or more occasions in respect of land identified in the order, if, in the opinion of the Lieutenant Governor in Council, one or both of the following apply:

(a) it is desirable to clarify title to land because of uncertainty about the operation of subsection (2);

(b) the operation of subsection (2) is inappropriate or unfair because a person, including a registered owner, as a result of a belief that the registered owner had title to land,

(i) has incurred costs in the past,

(ii) is likely to suffer loss in the future, or

(iii) is otherwise prejudiced.

(5.2) Subject to the terms and conditions provided for by the Lieutenant Governor in Council and to subsection (5.4), an order under subsection (5.1) is retroactive for all purposes and, without limitation, has the following retroactive effects:

(a) the land referred to in the order is conclusively deemed not to have been transferred in fee simple to the government under subsection (2) on any occasion identified in the order;

(b) the title of the registered owner at the time of an occasion identified in the order is conclusively deemed not to have been extinguished under subsection (2).

(5.3) The registrar must make a note of an order under subsection (5.1) in the records in the manner required by the director on receipt of the following:

(a) a certified copy of the order;

(b) if required by the registrar, a certificate from the minister stating that all terms and conditions in the order have been satisfied;

(c) any other filings required by the registrar.

(5.4) An order under subsection (5.1) only has effect if the registrar has made a note of it under subsection (5.3).

Range Act

8 Section 1 (1) of the Range Act, S.B.C. 2004, c. 71, is amended

(a) by repealing the definitions of "district manager" and "forest officer", and

(b) by adding the following definitions:

"natural resource officer" has the same meaning as in the Natural Resource Compliance Act;

"private land" means land that is not Crown land; .

9 Section 3 is amended by striking out "A district manager," and substituting "The minister,".

10 Section 4 (a) (ii) is amended by striking out "10 years," and substituting "not less than 15 years and not more than 25 years,".

11 Section 5 (a) (ii) is amended by striking out "not longer than 5 years," and substituting "not more than 10 years,".

12 Section 6 (a) is amended

(a) in subparagraph (ii) by striking out "10 years," and substituting "not less than 15 years and not more than 25 years, and", and

(b) by striking out "and" at the end of subparagraph (iii) and by repealing subparagraph (iv).

13 Section 7 (a) is amended

(a) by repealing subparagraph (ii) and substituting the following:

(ii) be for a term of not more than 10 years, and , and

(b) by striking out "and" at the end of subparagraph (iii) and by repealing subparagraph (iv).

14 Sections 8 and 9 are amended by striking out "district manager" wherever it appears and substituting "minister".

15 Section 10 is amended

(a) in subsection (1) by striking out "district manager" in both places and substituting "minister",

(b) in subsection (1) (g) by striking out "grazing rights" and substituting "grazing or hay cutting rights",

(c) in subsection (1) by adding the following paragraph:

(g.1) commitment by an applicant to a course of action

(i) designed to improve or enhance the Crown range described in the application, including but not limited to carrying out a specified range practice as defined in the Forest and Range Practices Act, or a specified range development, and

(ii) that the applicant undertakes to carry out in conjunction with the licence or permit, as a condition of the licence or permit; ,

(d) by repealing subsection (2), and

(e) by adding the following subsection:

(3) Before inviting applications under section 9 for a hay cutting licence or hay cutting permit, the minister must decide which of the following are to be used as eligibility or evaluation criteria for selecting a successful applicant:

(a) the criteria set out in subsection (1) (a), (g), (g.1) and (h) of this section;

(b) other eligibility or evaluation criteria the minister considers relevant to an invitation for applications under section 9 for hay cutting licences or hay cutting permits.

16 Section 11 is amended

(a) by adding the following subsection:

(0.1) In exercising his or her powers or duties under this section and section 15 in respect of applications for a licence or permit made under section 9, the minister must use the eligibility or evaluation criteria in respect of the licence or permit as determined by the minister under section 10 (1) or (3), as applicable. ,

(b) in subsection (1) by striking out "district manager" and substituting "minister",

(c) in subsection (2) by striking out "district manager must make" and substituting "minister must deliver in writing",

(d) by adding the following subsection:

(2.1) On receipt of one or more applications for a licence or permit under section 9, the minister may decline to enter into the licence or permit with any or all of the applicants. , and

(e) by repealing subsection (3).

17 Section 12 is repealed.

18 Section 13 (1) is amended by striking out "A district manager" and substituting "The minister" and by striking out "the district manager" and substituting "the minister".

19 Section 14 is amended by striking out "district manager" in both places and substituting "minister".

20 Section 15 is repealed and the following substituted:

Objection to proposal

15  (1) An applicant may, within 14 days after a proposal under section 11 (2) is received by the applicant, deliver notice in writing to the minister objecting to the proposal and setting out in the notice the reasons for the objection.

(2) If, in the opinion of the minister, an objection referred to in subsection (1) does not raise issues relevant to the proposal that warrant its reconsideration, the minister may enter into the licences, permits or both that are identified in the proposal.

(3) If, in the opinion of the minister, an objection referred to in subsection (1) raises issues relevant to the proposal that warrant its reconsideration, after giving all the applicants an opportunity to be heard, the minister may enter into the licences or permits referred to in the invitation under section 9 with those of the applicants the minister selects.

(4) Notice of a decision of the minister under subsection (2) or (3) must be delivered to all the applicants.

21 Section 16 is amended

(a) in subsection (1) by striking out "district manager," and substituting "minister," and by striking out "or permit" wherever it appears,

(b) in subsection (2) by striking out "district manager," and substituting "minister,", and

(c) by repealing subsection (3) (a) and substituting the following:

(a) must be for a term of not more than 10 years or the period of non-use specified in the non-use agreement, whichever is less, and .

22 Section 16 is amended

(a) in subsection (1) by adding the following paragraphs:

(d) the grazing licence is entered into with a person who, within the 2 weeks before the person applies for the grazing licence under this section, surrendered a grazing lease granted to that person under the Land Act;

(e) the grazing licence is entered into with a person who holds or held a grazing permit issued under this Act as a replacement permit for a grazing permit issued under the former Act, if the person applies for the grazing licence under this section during the term of the replacement grazing permit or within 2 months after its expiry. , and

(b) by adding the following subsections:

(1.1) A grazing licence referred to in subsection (1) (d) or (e) must

(a) describe the same area as the grazing lease or permit referred to in that subsection, and

(b) specify a number of animal unit months for which the holder is eligible each year, which number must not be more than the number specified in the grazing lease or permit referred to in that subsection, if any.

(4) Despite section 9, the minister, without inviting or accepting applications from other persons, may enter with a person into a grazing permit if the number of animal unit months specified in the grazing permit is 200 or less.

23 Section 18 (2) and (3) is amended by striking out "district manager" wherever it appears and substituting "minister".

24 Section 19 (1) and (2) is amended by striking out "district manager" and substituting "minister".

25 Sections 20 and 21 are amended by striking out "district manager" in both places and substituting "minister".

26 The following section is added to Division 5 of Part 1:

Conditions relating to associated private land
or associated tenures

21.1  (1) The minister may make entering with a person into a licence or permit conditional on the person, for the duration of the term of the licence or permit,

(a) retaining the ownership of or a leasehold interest in specified private land, or

(b) holding any of the following as specified in the licence or permit:

(i) a permit, lease or licence under the Land Act to occupy Crown land for a purpose specified by regulation;

(ii) a guiding territory certificate or transporter licence under the Wildlife Act;

(iii) an interest, right or privilege in relation to the use of Crown land or resources that is granted under an enactment and specified by regulation.

(2) The minister must ensure that a condition referred to in subsection (1) is specified in the licence or permit.

27 The heading to Division 1 of Part 2 is repealed and the following substituted:

Division 1 — Replacement of Licences .

28 Section 22 is repealed.

29 Section 23 is amended

(a) in subsection (1) by striking out "During the 6 months beginning on the eighth anniversary of a licence, the district manager" and substituting "During the 12 month period beginning 2 years before the expiry of the term of a licence, the minister", and

(b) in subsection (2) by striking out "district manager" in both places and substituting "minister".

30 Section 24 (a) is amended by striking out "10th anniversary" and substituting "day after the expiry of the term".

31 Sections 25, 26 and 27 are repealed.

32 Section 28 is amended

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

(1) With the consent of or on receipt of a written request from the holder of the relevant licences or permits, the minister may do one or more of the following:

(a) consolidate 2 or more grazing licences held by the same person into a single grazing licence entered into with that person;

(b) consolidate 2 or more grazing permits held by the same person into a single grazing permit entered into with that person;

(c) subdivide a grazing licence held by a person into 2 or more grazing licences entered into with the person;

(d) subdivide a grazing permit held by a person into 2 or more grazing permits entered into with the person;

(e) delete all or part of the Crown range described in a grazing licence held by a person and include the Crown range or the part of it, as the case may be, in another grazing licence entered into with the person;

(f) delete all or part of the Crown range described in a grazing permit held by a person and include the Crown range or the part of it, as the case may be, in another grazing permit entered into with the person;

(g) cancel a licence or permit held by a person if all or part of its Crown range has been included in another licence or permit entered into with the person;

(h) enter into one or more grazing licences with a person describing the same Crown range as described in one or more licences held by the person that were the subject of consolidation, subdivision or deletion under this section;

(i) enter into one or more grazing permits with a person describing the same Crown range as described in one or more permits held by the person that were the subject of consolidation, subdivision or deletion under this section. , and

(b) in subsection (2) by striking out "15 (2) (a)" and substituting "15 (2)" and by striking out "district manager," and substituting "minister,".

33 The heading to Division 3 of Part 2 is amended by adding "or Tenures" after "Land" and by striking out "Grazing".

34 Section 29 (1) and (2) is repealed and the following substituted:

(1) In this section and section 30:

"associated private land", in relation to a licence or permit referred to in subsection (1.1) of this section, means the private land referred to in paragraph (a) of that subsection;

"associated tenure", in relation to a licence or permit referred to in subsection (1.1) of this section, means the permit, lease, licence, certificate, interest, right or privilege referred to in paragraph (b) of that subsection, as applicable.

(1.1) This section and section 30 apply to a licence or permit if the licence or permit contains a requirement or condition to the effect that, during the term of the licence or permit, the holder of the licence or permit is to

(a) retain the ownership of or a leasehold interest in specified private land, or

(b) hold any of the following as specified in the licence or permit:

(i) a permit, lease or licence under the Land Act to occupy Crown land for a purpose specified by regulation;

(ii) a guiding territory certificate or transporter licence under the Wildlife Act;

(iii) an interest, right or privilege in relation to the use of Crown land or resources that is granted under an enactment and specified by regulation.

(2) During the term of a licence or permit the holder of the licence or permit must continue, as applicable,

(a) to own or hold under lease the associated private land for that licence or permit, or

(b) to hold the associated tenure for that licence or permit.

35 Section 29 is amended

(a) in subsections (3) and (4) by striking out "district manager" wherever it appears and substituting "minister",

(b) in subsection (4) by striking out "and" at the end of paragraph (a), by adding ", and" at the end of paragraph (b) and by adding the following paragraph:

(c) the minister must deliver notice to the holder of the licence or permit, setting out the amendments prepared under paragraph (b), if any. , and

(c) by adding the following subsection:

(4.1) On delivery of notice to the holder of a licence or permit in accordance with subsection (4) (c), the licence or permit, as the case may be, is deemed to be amended as set out in the notice.

36 Section 30 is amended

(a) in subsections (1) and (2) by striking out "district manager" and substituting "minister", and

(b) by repealing subsections (3) and (4).

37 Sections 31, 32 and 33 are repealed.

38 Section 34 is amended by striking out "district manager" and substituting "minister" and by striking out "hay production rights" and substituting "hay cutting rights".

39 Section 35 is amended by striking out "district manager" and substituting "minister".

40 Section 36 (1) is amended by striking out "district manager" in both places and substituting "minister".

41 Section 37 is amended by striking out "hay production." and substituting "hay cutting."

42 Section 38 is amended by striking out "district manager" wherever it appears and substituting "minister".

43 Section 42 (2) is amended by striking out "district manager" and substituting "minister".

44 Section 44 (2) is amended

(a) by adding "of any of the following:" after "in respect",

(b) by repealing paragraphs (a) and (b),

(c) in paragraph (c) by striking out "of a deletion" and substituting "a deletion",

(d) in paragraphs (d) and (e) by striking out "of a reduction" and substituting "a reduction",

(e) by striking out "or" at the end of paragraph (e), and

(f) in paragraph (f) by striking out "of an order" and substituting "an order".

45 Sections 46 (1), 47 (1) and 48 (1) are amended by striking out "district manager" and substituting "minister".

46 Section 49 (1) is amended by striking out "district manager" in both places and substituting "minister".

47 Section 50 is amended

(a) in subsections (1), (3) and (4) by striking out "district manager" and substituting "minister", and

(b) in subsection (2) by striking out "district manager's" and substituting "minister's".

48 Section 51 (1) and (2) is amended by striking out "district manager" and substituting "minister".

49 Section 52 is amended by striking out "district manager" in both places and substituting "minister".

50 Section 53 (1), (2) and (4) is amended by striking out "district manager" and substituting "minister".

51 Part 2 is amended by adding the following Division:

Division 7 — Cancellation of Licences and Permits

Cancellation as a result of reductions

53.1  (1) If, during the term of a licence or permit,

(a) a reduction, or

(b) a series of reductions, if more than one,

under section 36 (1) or (2), 37, 47 (1) or 48 (1) in the number of animal unit months or quantity of hay specified in the licence or permit has the effect of reducing the number of animal unit months or quantity of hay to zero, the minister, without a hearing, by order may cancel the licence or permit.

(2) The minister must deliver to the holder of the licence or permit notice of a cancellation under subsection (1), specifying the reasons for the cancellation and the day on which the cancellation takes effect.

(3) Sections 64 to 66 do not apply to a cancellation of a licence or permit under subsection (1) of this section.

52 Section 55 is amended by striking out "district manager" and substituting "minister".

53 Section 57 is amended

(a) in subsection (1) by striking out "district manager" and substituting "minister", and

(b) in subsection (2) by striking out "holder of the permit" and substituting "holder of the licence or permit".

54 Section 58 is amended

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

(1) On the request of the holder made during the period allowed under section 57 (1) (b) or (2) (b), the minister must give the holder an opportunity to be heard. , and

(b) in subsection (2) by striking out "If, after" and substituting "After" and by striking out "the district manager or minister, as the case may be," and substituting "the minister".

55 Section 60 is amended

(a) in subsections (1) and (3) (b) (i) by striking out "district manager or a forest officer authorized by the district manager" and substituting "minister or a natural resource officer authorized by the minister", and

(b) in subsection (2) by striking out "district manager or a forest officer" and substituting "minister or a natural resource officer authorized by the minister".

56 Sections 62 and 63 are repealed and the following substituted:

Reinstatement

62  (1) On application by the holder of a licence or permit suspended under section 55 or 56, the minister by order must

(a) reinstate rights under the licence or permit if satisfied that there are no longer any grounds for the suspension, or

(b) refuse to do so if not satisfied as set out in paragraph (a).

(2) The minister must deliver notice of the order to the applicant.

Cancellation

63  If the rights over Crown range granted in a licence or permit are under suspension other than under section 60 (1) (b), the minister by order may

(a) cancel those rights, or

(b) cancel the licence or permit.

57 Section 64 is amended by striking out "the district manager or minister, depending on which of them made the order," and substituting "the minister".

58 Section 65 is amended by striking out "the district manager or minister, depending on which of them delivered the notice," and substituting "the minister".

59 Section 66 is amended by striking out "the district manager or minister, depending on which of them ordered a cancellation," and substituting "the minister".

60 Section 68 (4) and (6) (a) is amended by striking out "district manager" and substituting "minister".

61 Section 69 (1) is amended

(a) in paragraph (a) by striking out "forest officer" and substituting "natural resource officer",

(b) in paragraph (b) by striking out "a district manager" and substituting "the minister" and by striking out "63 (1)," and substituting "63,", and

(c) in paragraph (c) by striking out "district manager" and substituting "minister" and by striking out "section 25 (5) or 50 (4)," and substituting "section 50 (4),".

62 Section 70 (2) is repealed.

63 Section 79 (2) is amended by adding the following paragraphs:

(f.1) for the purposes of sections 21.1 (1) (b) (i) and 29 (1.1) (b) (i), specifying purposes in relation to the occupation of Crown land;

(f.2) for the purposes of sections 21.1 (1) (b) (iii) and 29 (1.1) (b) (iii), specifying interests, rights or privileges in relation to the use of Crown land or resources that are granted under an enactment; .

Wildfire Act

64 Section 66.1 of the Wildfire Act, S.B.C. 2004, c. 31, is amended

(a) in subsection (2) by striking out "subsection (3)," and substituting "subsection (4),", and

(b) by repealing subsections (3) and (4) and substituting the following:

(3) Subject to subsections (4) to (6), no legal proceeding for damages lies or may be commenced or maintained against the government because of anything done or omitted

(a) in the exercise or intended exercise of any power under this Act, or

(b) in the performance or intended performance of any duty or function under this Act.

(4) Subsections (2) and (3) do not apply to a protected person or the government in relation to anything done or omitted in bad faith.

(5) Subsection (3) does not affect an obligation of the government to pay

(a) compensation under section 9 (4) or (5) or 17 (1), or

(b) remuneration under section 15 (3).

(6) Subsection (3) does not apply to a legal proceeding against the government commenced on or before the date this subsection received First Reading in the Legislative Assembly.

Wildlife Act

65 Section 1 (1) of the Wildlife Act, R.S.B.C. 1996, c. 488, is amended

(a) by repealing the definition of "assistant guide" and substituting the following:

"assistant guide" means a person who guides on behalf of a guide outfitter; , and

(b) by repealing the definition of "person" and substituting the following:

"person" means a natural person for the purposes of

(a) issuing a licence or limited entry hunting authorization,

(b) registration of a trapline, and

(c) employment as an assistant guide; .

66 Section 17 (1) (b) is amended by striking out "licensed guide or" and substituting "licensed guide, an assistant guide issued a written authorization under section 48 (1.2) or".

67 Section 47 (b) is amended by striking out "or" at the end of subparagraph (i) and by adding the following subparagraph:

(i.1) an assistant guide issued a written authorization under section 48 (1.2), or .

68 Section 48 is amended

(a) in subsection (1) by striking out "A person commits" and substituting "A person, other than a person who guides for game as an assistant guide in accordance with this Act, commits",

(b) by repealing subsection (1) (b),

(c) by adding the following subsections:

(1.1) A guide outfitter may employ a person as an assistant guide to guide for game on behalf of the guide outfitter only if the guide outfitter ensures that

(a) the person meets the prescribed qualifications, if any,

(b) the person is not prohibited under this Act from applying for employment as an assistant guide,

(c) the person is not prohibited under this Act from guiding as an assistant guide, and

(d) the terms of employment are consistent with any conditions or restrictions imposed under this Act on the person and any prescribed requirements referred to in subsection (2.1) (h).

(1.2) A guide outfitter must promptly issue to an assistant guide written authorization, in the prescribed manner and form and with the prescribed content,

(a) on employing the assistant guide under subsection (1.1), and

(b) whenever a change in prescribed circumstances occurs.

(1.3) A guide outfitter must, in relation to assistant guides employed by the guide outfitter under subsection (1.1),

(a) create and maintain any records required by the regulations,

(b) keep any records referred to in paragraph (a) for a prescribed period, and

(c) provide any records referred to in paragraph (a) to an officer on request. , and

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

(2) A person who holds a guide outfitter licence commits an offence if the person employs an assistant guide to guide for game and contravenes any of the provisions of subsections (1.1) to (1.3).

(2.1) A person must not guide for game as an assistant guide unless the person

(a) meets the prescribed qualifications, if any,

(b) is employed under subsection (1.1) as an assistant guide by a guide outfitter,

(c) has been issued written authorization under subsection (1.2) by the guide outfitter referred to in paragraph (b) of this subsection,

(d) at all times when guiding for game as an assistant guide, carries

(i) the written authorization referred to in paragraph (c), and

(ii) any other prescribed documentation that is issued, in the prescribed manner and form and with the prescribed content, to the assistant guide,

(e) produces the written authorization referred to in paragraph (c) and other documentation referred to in paragraph (d) (ii) on the request of an officer or a person the assistant guide is guiding for game,

(f) is not prohibited under this Act from guiding as an assistant guide,

(g) complies with any conditions or restrictions imposed under this Act on the assistant guide, and

(h) meets the prescribed requirements, if any.

(2.2) A person guiding for game as an assistant guide commits an offence if the person fails to meet any of the requirements under subsection (2.1).

(2.3) Subsections (1.1) to (1.3) and (2) to (2.2) do not apply in respect of a person who guides as an assistant guide if the person accompanies or assists another person to hunt game birds or small game on land other than Crown land.

69 Section 54 is repealed and the following substituted:

Issue of assistant angling guide licence

54  (1) The regional manager or the regional manager's designate may issue an assistant angling guide licence to a person if both of the following apply:

(a) the person is a citizen of Canada or a permanent resident of Canada;

(b) the person is 19 years of age or older.

(2) A licence of an assistant angling guide is valid only when endorsed with the signature of the angling guide who employs the assistant angling guide.

70 Section 59 (1) is amended

(a) by repealing paragraph (a),

(b) in paragraph (b) by adding "in the case of an individual," before "is 19 years of age" , and

(c) in paragraph (c) by striking out "other" and substituting "the" and by adding ", if any" after "regulation".

71 Section 59 (6) is amended by striking out "and an application" and substituting "in an application".

72 Section 61 is amended

(a) in subsection (1) by striking out ", assistant guide licence",

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

(c) in the case of a guide outfitter,

(i) amend the licence to further limit the numbers, age and sex of game in respect of which the person may guide,

(ii) prohibit the person from guiding as an assistant guide for a period of time the regional manager specifies,

(iii) specify an area in which the person may not guide as an assistant guide for a period of time the regional manager specifies, and

(iv) impose conditions or restrictions on the person, in respect of guiding as an assistant guide, that the regional manager considers appropriate for a period of time the regional manager specifies; ,

(c) by adding the following subsection:

(1.1) If a person is guiding as an assistant guide or was guiding as an assistant guide in the past year and the person is convicted of an offence under this Act, or for another cause that the regional manager considers reasonable, the regional manager may conduct a hearing to determine whether the person should be allowed to continue to guide as an assistant guide and may do one or more of the following:

(a) prohibit the person from guiding as an assistant guide for a period of time the regional manager specifies;

(b) specify an area in which the person may not guide as an assistant guide for a period of time the regional manager specifies;

(c) impose conditions or restrictions on the person, in respect of guiding as an assistant guide, that the regional manager considers appropriate for a period of time the regional manager specifies. , and

(d) in subsections (2) and (3) by striking out "subsection (1)" and substituting "subsection (1) or (1.1)".

73 Section 62 is repealed and the following substituted:

Transfers

62  (1) The following may not be transferred without the authorization of the regional manager:

(a) the privileges conferred in a guide outfitter licence;

(b) the privileges conferred in a portion of the guiding area described in a guide outfitter licence.

(2) The following may not be transferred except in accordance with and subject to the regulations:

(a) the privileges conferred in a guiding territory certificate;

(b) the privileges conferred in a portion of the guiding territory held under a guiding territory certificate;

(c) a guiding territory certificate or an interest in a guiding territory certificate.

(3) For greater certainty, none of the following constitutes a transfer for the purposes of subsection (2):

(a) the granting of a security interest in a guiding territory certificate or in an interest in a guiding territory certificate by the holder of the certificate or interest;

(b) the transmission of a privilege, certificate or interest referred to in subsection (2) (a), (b) or (c) to

(i) a trustee in bankruptcy of the holder of the privilege, certificate or interest, or

(ii) a personal representative of the holder of the privilege, certificate or interest, in the event of the holder's death.

74 The following sections are added:

Dissolution of corporate holder of certificate

62.1  (1) If a corporation that holds an interest in a guiding territory certificate is liquidated, dissolved or otherwise wound up under the laws of any jurisdiction, the corporation's interest in and privileges and rights under the guiding territory certificate are suspended automatically for a period of 6 months from the date on which the corporation was liquidated, dissolved or otherwise wound up.

(2) If, at any time during the period of a suspension under subsection (1), the corporation is restored under the laws of any jurisdiction, the suspension is rescinded automatically from the date on which the corporation is restored.

(3) If a suspension under subsection (1) is not rescinded under subsection (2), the corporation's interest in the guiding territory certificate is forfeited to the government on the expiration of the period of the suspension.

(4) If the guiding territory certificate referred to in subsection (1) is issued to more than one person, the holders of the certificate other than the corporation referred to in that subsection are, during the period of the suspension under subsection (1), deemed to be the only holders of the certificate for the purposes of sections 51 (3) and 59 (3) and (6).

Regulation of guiding territory certificates

64.1  (1) The Lieutenant Governor in Council may, by regulation, do one or more of the following:

(a) impose or provide for requirements respecting applications for guiding territory certificates and prescribing qualifications of applicants for guiding territory certificates;

(b) prohibit or regulate the transfer of a guiding territory certificate and any privilege or interest referred to in section 62 (2) (a), (b) or (c), including, without limitation, prohibiting the transfer without the authorization of the regional manager;

(c) prescribe fees for the transfer of a guiding territory certificate and any privilege or interest referred to in section 62 (2) (a), (b) or (c);

(d) prohibit or regulate in relation to control of and changes to control of a corporation that holds an interest in a guiding territory certificate, including, without limitation, the following:

(i) prescribing circumstances that constitute control of and changes to control of the corporation;

(ii) imposing or providing for requirements respecting control of and changes to control of the corporation, including, without limitation, requiring the corporation to give notice of a change to, an acquisition of or a disposition of control of the corporation in the prescribed manner and form, within the prescribed time and accompanied by any information or documents required by the regulations;

(iii) authorizing the regional manager to, after affording the corporation an opportunity to be heard, do one or more of the following:

(A) by order in writing, require the corporation to transfer, subject to section 62 (2), that corporation's interest in the guiding territory certificate to another person qualified to hold a guiding territory certificate within the period specified in the order;

(B) amend, suspend or cancel a guiding territory certificate that is held by the corporation;

(C) any other thing prescribed by regulation.

(2) For the purposes of this section, the Lieutenant Governor in Council may make different regulations for different persons, guiding territory certificates or privileges or interests in guiding territory certificates, or for different classes of persons, guiding territory certificates or privileges or interests in guiding territory certificates.

75 Section 64 (1) is amended by striking out "section 62," and substituting "section 62 (2),".

76 Section 65 (4) is amended by striking out "section 64 (1.1)," and substituting "section 62.1 (3) or 64 (1.1),".

77 Section 84 (1) (b) is amended

(a) in subparagraph (i) by striking out "48 (1) or (2)," and substituting "48 (1)," and by striking out "85 (2) (c) (i) or (ii)," and substituting "85 (2) (c) (i) to (iv),", and

(b) by striking out "or" at the end of subparagraph (i) and by adding the following subparagraphs:

(i.1) under section 48 (2) respecting the contravention of any of the provisions of section 48 (1.1),

(i.2) under section 48 (2.2) respecting the failure to meet a requirement under section 48 (2.1) (c) or (f), or .

78 Section 85 (2) is amended

(a) by striking out "and" at the end of paragraph (b) and by adding the following paragraphs:

(b.1) the person must not apply for employment as an assistant guide,

(b.2) the person must not guide as an assistant guide, and , and

(b) in paragraph (c) by striking out "or" at the end of subparagraph (i) and by adding the following subparagraphs:

(iii) applies for employment as an assistant guide, or

(iv) guides as an assistant guide.

79 Section 100 (2) (a) is amended by striking out "assistant guide licence or".

80 Section 101 is amended

(a) by adding the following subsection:

(1.1) The regional manager must give written reasons for a decision made under section 61 (1.1) (a) or (b). , and

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

81 The following section is added:

Liability of employee, agent, etc.

104.1  (1) If a corporation commits an offence under this Act, an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the commission of the offence also commits that offence.

(2) If an individual who holds an interest in a guiding territory certificate commits an offence under this Act, an employee or agent of the individual who authorized, permitted or acquiesced in the commission of the offence also commits that offence.

(3) Subsections (1) and (2) apply whether or not the corporation or the individual who holds an interest in the certificate, as applicable, is prosecuted for the offence.

82 Section 108 (2) is amended

(a) by adding the following paragraphs:

(c.1) prescribing the manner, form and content of written authorizations issued under section 48 (1.2), which may be different for different people, events, areas or circumstances;

(c.2) prescribing the circumstances that, if changed, require a new written authorization to be issued under section 48 (1.2);

(c.3) prescribing the documentation that an assistant guide who is guiding for game must carry and the manner, form and content of that documentation, which may be different for different types of documentation; ,

(b) in paragraph (g) by striking out "guiding privileges and",

(c) in paragraph (i) by striking out "assistant guide licence,",

(d) by repealing paragraph (i.1), and

(e) by adding the following paragraphs:

(i.2) prescribing qualifications that a person must meet to guide for game as an assistant guide, including, without limitation, requiring that the person

(i) pass an examination approved or established by the director, and

(ii) pay any fees approved by the director for the examination;

(i.3) prescribing requirements that a person must meet to guide for game as an assistant guide;

(i.4) respecting the records guide outfitters are required to create or maintain with respect to assistant guides who are guiding for game;

(i.5) prescribing the period of time the records referred to in paragraph (i.4) must be kept, which may be different for different types of records; .

83 The following sections are added to Part 1:

Transition — assistant guide licences

110.1  (1) On the date this section comes into force, all assistant guide licences are deemed to expire.

(2) If, on the date immediately before the date this section comes into force, an assistant guide licence is subject to a suspension or a refusal to issue or renew, the person who held the assistant guide licence is prohibited from guiding as an assistant guide for a period of time that ends on the date the suspension or refusal to issue or renew would have ended.

(3) If, on the date immediately before the date this section comes into force, an assistant guide licence is subject to a condition or restriction imposed under this Act, any written authorization issued under section 48 (1.2) to the person who held the assistant guide licence is deemed to be subject to the same condition or restriction as the assistant guide licence, for the same period of time as would have applied to the assistant guide licence.

(4) If, on the date immediately before the date this section comes into force, a person is subject to an order of the court prohibiting the person from obtaining an assistant guide licence, the person is prohibited from guiding as an assistant guide for the same period of time the person would have been prohibited from obtaining an assistant guide licence.

Transition — no compensation

110.2  (1) A person holding an assistant guide licence on the date immediately before the date this section comes into force has no right of action and must not commence or maintain proceedings, as a result of the enactment of section 110.1 (1),

(a) to claim damages or compensation of any kind from the government, or

(b) to obtain a declaration that damages or compensation is payable by the government.

(2) For greater certainty, this section includes, without limitation, a claim based on the expropriation of property, rights or other interests.

Transitional Provisions

Range Act transition — competitions for licences and permits

84  (1) In this section, "invitation" means an invitation made, before the day this section comes into force, by a district manager for applications for a licence or permit under section 9 (2) of the Range Act.

(2) The amendments made by this Act to sections 9, 11, 13 to 15, 19 to 21 and 70 of the Range Act do not apply in relation to an invitation or any applications submitted in response to an invitation.

(3) Subject to subsection (4), sections 9, 11, 13 to 15, 19 to 21 and 70 of the Range Act as they read immediately before the day this section comes into force and any regulations in respect of those sections continue to apply in relation to an invitation and any applications submitted in response to an invitation.

(4) The amendments made by this Act to the Range Act apply in relation to a licence or permit that is entered into as a result of an invitation on or after the day this section comes into force.

Range Act transition — non-replaceable licences

85 The amendments made by this Act to sections 22 and 23 of the Range Act do not apply in relation to a grazing licence or a hay cutting licence that

(a) is entered into before the day this section comes into force, and

(b) provides that a replacement for the licence must not be offered.

Wildfire Act transition

86  (1) For certainty, section 66.1 (3) of the Wildfire Act, as enacted by this Act, must be applied and given effect in every legal proceeding commenced after the date section 64 of this Act received First Reading in the Legislative Assembly.

(2) Section 66.1 (3) of the Wildfire Act, as enacted by this Act, must not be construed as lacking effect, whether retroactive or otherwise, in relation to any matter because it makes no specific reference to that matter.

(3) The repeal by this Act of section 66.1 (4) of the Wildfire Act does not affect a legal proceeding against the government commenced on or before the date section 64 of this Act received First Reading in the Legislative Assembly.

 
Consequential Amendment

Miscellaneous Statutes Amendment Act, 2013

87 Sections 19 to 21 of the Miscellaneous Statutes Amendment Act, 2013, S.B.C. 2013, c. 12, are repealed.

Commencement

88 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:

 
Explanatory Notes

SECTION 1: [Forest Act, section 14] provides that a forest licence may restrict timber harvesting to a portion of a timber supply area, a type of timber or a type of terrain but exempts pre-existing forest licences from this authority, unless the forest licence already includes the requirement or the holder of the forest licence agrees to the requirement.

SECTION 2: [Forest Act, section 14.1] is consequential to the amendments made by this Bill to section 14 of the Act.

SECTION 3: [Forest Act, section 49.1] authorizes free use permits to be issued in areas subject to a community forest agreement, first nations woodland licence or woodlot licence, but only with the consent of the holder of the agreement or licence.

SECTION 4: [Forest Act, section 75.12] requires the holder of a licence for which a bonus bid was tendered to pay an amount to the government if a volume of timber harvested is attributed from another licence to the holder's licence.

SECTION 5: [Forest Act, section 111] requires payment of annual rent by the holder of a cutting permit issued under a supplemental forest licence.

SECTION 6: [Forest Act, section 128] increases from 5 000 bone dry units to 200 000 bone dry units the maximum volume of wood residue that the minister may exempt from the export prohibition set out in section 127 of the Act.

SECTION 7: [Land Title Act, section 108]

• authorizes the Lieutenant Governor in Council to make an order to undo past deemed transfers of land under section 108 (2) of the Act if there is uncertainty about the operation of that section or if the operation of that section would be inappropriate or unfair;
• provides a process for filing the order in the land title system and requires that the filing occur before the order has effect.

SECTION 8: [Range Act, section 1] repeals the definitions of "district manager and "forest officer" and adds definitions of "natural resource officer" and "private land".

SECTION 9: [Range Act, section 3] replaces a reference to a district manager with a reference to the minister.

SECTION 10: [Range Act, section 4] extends the term of a grazing licence from 10 years to between 15 and 25 years.

SECTION 11: [Range Act, section 5] extends the term of a grazing permit from not more than 5 years to not more than 10 years.

SECTION 12: [Range Act, section 6]

• extends the term of a hay cutting licence from 10 years to between 15 and 25 years;
• removes a requirement for consent of the district manager prior to sale of hay harvested under the licence.

SECTION 13: [Range Act, section 7]

• extends the term of a hay cutting permit from 1 year to not more than 10 years;
• removes a requirement for consent of the district manager prior to sale of hay harvested under the permit.

SECTION 14: [Range Act, sections 8 and 9] replaces references to a district manager with references to the minister.

SECTION 15: [Range Act, section 10]

• replaces references to a district manager with references to the minister;
• amends the eligibility or evaluation criteria that may be used for selecting successful applicants for grazing licences or permits;
• removes a reference to consulting with regional stakeholder associations in deciding on eligibility or evaluation criteria;
• specifies eligibility or evaluation criteria that may be used for selecting successful applicants for hay cutting licences or permits.

SECTION 16: [Range Act, section 11]

• requires the minister to use the eligibility or evaluation criteria selected under section 10 of the Act in exercising his or her powers under this section and section 15 of the Act;
• replaces references to a district manager with references to the minister;
• clarifies that the minister may decline to enter into a licence or permit with any or all of the applicants;
• removes a reference to a discretion to use a secondary competition process for licences or permits referred to in an invitation under section 9 of the Act.

SECTION 17: [Range Act, section 12] removes a requirement to include specified conditions in a grazing licence or permit.

SECTIONS 18 AND 19: [Range Act, sections 13 and 14] replace references to a district manager with references to the minister.

SECTION 20: [Range Act, section 15] amends the process respecting objections to a proposal made under section 11 of the Act.

SECTION 21: [Range Act, section 16]

• replaces references to a district manager with references to the minister;
• requires that the term of a grazing or hay cutting permit entered into under subsection (2) of this section must not be more than 10 years.

SECTION 22: [Range Act, section 16] amends the circumstances in which a grazing or hay cutting licence may be directly awarded without public notice and imposes requirements.

SECTIONS 23 TO 25: [Range Act, sections 18 to 21] replace references to a district manager with references to the minister.

SECTION 26: [Range Act, section 21.1] authorizes the minister to make entering with a person into a licence or permit conditional on the person retaining specified private land or tenures associated with the licence or permit.

SECTION 27: [Range Act, heading to Division 1 of Part 2] is consequential to amendments made by this Bill to Division 1 of Part 2 of the Act.

SECTION 28: [Range Act, section 22] is consequential to the repeal by this Bill of section 25 of the Act.

SECTION 29: [Range Act, section 23]

• is consequential to amendments made by this Bill to sections 4 and 6 of the Act;
• replaces references to a district manager with references to the minister.

SECTION 30: [Range Act, section 24] is consequential to amendments made by this Bill to sections 4 and 6 of the Act.

SECTION 31: [Range Act, sections 25 to 27]

• removes the authority for the district manager to make an offer of a replacement licence conditional on the licence including a provision that a replacement for that licence must not be offered;
• removes the district manager's discretionary authority to enter into a replacement permit with the holder of a grazing or hay cutting permit.

SECTION 32: [Range Act, section 28]

• limits the authority of the minister to consolidate and subdivide licences and permits to the circumstance where there is only one holder of the relevant licences or permits;
• replaces a reference to a district manager with a reference to the minister.

SECTION 33: [Range Act, heading to Division 3 of Part 2] is consequential to the amendments made by this Bill to Division 3 of Part 2 of the Act.

SECTION 34: [Range Act, section 29] is consequential to the addition by this Bill of section 21.1 of the Act.

SECTION 35: [Range Act, section 29]

• replaces references to a district manager with references to the minister;
• requires the minister to deliver notice of any amendments to the holder of the licence or permit and deems the licence or permit to be amended on delivery of the notice.

SECTION 36: [Range Act, section 30]

• replaces references to a district manager with references to the minister;
• is consequential to the repeal by this Bill of section 12 of the Act.

SECTION 37: [Range Act, sections 31 to 33] repeals provisions that are spent.

SECTION 38: [Range Act, section 34]

• replaces a reference to a district manager with a reference to the minister;
• is consequential to the amendment made by this Bill to section 10 of the Act.

SECTIONS 39 AND 40: [Range Act, sections 35 and 36] replace references to a district manager with references to the minister.

SECTION 41: [Range Act, section 37] is consequential to the amendment made by this Bill to section 10 of the Act.

SECTIONS 42 AND 43: [Range Act, sections 38 and 42] replaces references to a district manager with references to the minister.

SECTION 44: [Range Act, section 44] is consequential to the repeal by this Bill of sections 25, 32 and 33 of the Act.

SECTIONS 45 TO 50: [Range Act, sections 46 to 53] replace references to a district manager with references to the minister.

SECTION 51: [Range Act, section 53.1] authorizes the minister to cancel a licence or permit if the number of animal unit months or quantity of hay specified in the licence or permit is reduced to zero.

SECTION 52: [Range Act, section 55] replaces a reference to a district manager with a reference to the minister.

SECTION 53: [Range Act, section 57]

• replaces a reference to a district manager with a reference to the minister;
• corrects an error.

SECTION 54: [Range Act, section 58]

• replaces a reference to a district manager with a reference to the minister;
• is consequential to the amendments made by this Bill to section 57 of the Act;
• corrects an error.

SECTION 55: [Range Act, section 60] replaces references to a district manager and a forest officer with references to the minister and a natural resource officer.

SECTIONS 56 TO 59: [Range Act, sections 62 to 66] are consequential to the amendment made by this Bill to section 55 of the Act.

SECTION 60: [Range Act, section 68] replaces a reference to a district manager with a reference to the minister.

SECTION 61: [Range Act, section 69] is consequential to amendments made by this Bill to various provisions of the Act.

SECTION 62: [Range Act, section 70] removes the ability of an applicant to appeal to the Forest Appeals Commission a decision of the minister in relation to a competition for a licence or permit.

SECTION 63: [Range Act, section 79] is consequential to the addition by this Bill of section 21.1 and the amendments made by this Bill to section 29 of the Act.

SECTION 64: [Wildfire Act, section 66.1]

• updates a cross-reference in subsection (2) of this section, consequential to amendments made by this Bill to this section;
• adds a provision that prohibits legal proceedings against the government for anything done or omitted in exercising a power or performing a duty or function under the Act;
• repeals a provision to absolve the government from vicarious liability, consequential to the immunity provided to the government by this Bill;
• adds a provision that provides that a protected person and the government are not immunized against legal proceedings in respect of anything done or omitted in bad faith;
• adds a provision that clarifies that the immunity provided to the government by this Bill does not affect an obligation of the government to pay compensation under section 9 (4) or (5) or 17 (1) of the Act or to pay remuneration under section 15 (3) of the Act;
• adds a provision that provides that the immunity provided to the government by this Bill does not apply to legal proceedings against the government commenced on or before the date section 64 of this Bill received First Reading in the Legislative Assembly.

SECTION 65: [Wildlife Act, section 1] repeals and replaces the definitions of "assistant guide" and "person".

SECTION 66: [Wildlife Act, section 17] exempts a person from the prohibition in section 17 of the Act if the person is accompanied by an assistant guide who is issued an authorization under section 48 (1.2) of the Act, as added by this Bill.

SECTION 67: [Wildlife Act, section 47] makes it an offence for a person to hunt big game unless accompanied by an assistant guide who is issued an authorization under section 48 (1.2) of the Act, as added by this Bill.

SECTION 68: [Wildlife Act, section 48]

• eliminates offences that applied to persons holding assistant guide licences consequential to the repeal and replacement by this Bill of section 54 of the Act;
• creates requirements for persons who are guide outfitters respecting employment of assistant guides and creates offences if the requirements are not complied with;
• creates requirements for assistant guides and creates offences if the requirements are not complied with.

SECTION 69: [Wildlife Act, section 54] repeals the authority to issue assistant guide licences.

SECTION 70: [Wildlife Act, section 59]

• updates the qualifications of persons who may be issued a guiding territory certificate;
• is consequential to the amendments made by this Bill to the definition of "person" in section 1 of the Act.

SECTION 71: [Wildlife Act, section 59] corrects an error.

SECTION 72: [Wildlife Act, section 61]

• is consequential to the repeal and replacement by this Bill of section 54 of the Act;
• authorizes the regional manager to conduct hearings with respect to assistant guides who have committed offences under the Act and to take the actions as set out.

SECTION 73: [Wildlife Act, section 62]

• makes transfers of guiding territory certificates subject to the regulations;
• clarifies that certain things do not constitute a transfer of a guiding territory certificate under this section.

SECTION 74: [Wildlife Act, sections 62.1 and 64.1]

• provides for the suspension and forfeiture of an interest in a guiding territory certificate held by a corporation that is liquidated, dissolved or wound up;
• authorizes the Lieutenant Governor in Council to make regulations respecting guiding territory certificates.

SECTION 75: [Wildlife Act, section 64] is consequential to the amendment made by this Bill to section 62 of the Act.

SECTION 76: [Wildlife Act, section 65] is consequential to the addition by this Bill of section 62.1 of the Act.

SECTION 77: [Wildlife Act, section 84] sets out the fines and penalties that apply to the offences under the Act as added by this Bill.

SECTION 78: [Wildlife Act, section 85] sets out the consequences that apply to assistant guides who have not paid a fine in the required time.

SECTION 79: [Wildlife Act, section 100] is consequential to the repeal and replacement by this Bill of section 54 of the Act.

SECTION 80: [Wildlife Act, section 101] requires a regional manager to give written reasons as set out.

SECTION 81: [Wildlife Act, section 104.1] provides for the liability of an employee, officer, director or agent who authorizes, permits or acquiesces in the commission of an offence under the Act.

SECTION 82: [Wildlife Act, section 108]

• authorizes the Lieutenant Governor in Council to make regulations as set out;
• is consequential to the addition by this Bill of section 64.1 of the Act.

SECTION 83: [Wildlife Act, sections 110.1 and 110.2] sets out transitional provisions respecting assistant guide licences.

SECTION 84: [Range Act transition — competitions for licences and permits]

• provides that the amendments made by this Bill to sections 9, 11, 13 to 15, 19 to 21 and 70 of the Range Act do not apply in relation to competitions that have been commenced before those amendments come into force;
• provides that the amendments made by this Bill to the Range Act apply to a licence or permit that is entered into after the amendments come into force.

SECTION 85: [Range Act transition — non-replaceable licences] provides that the amendments made by this Bill to sections 22 and 23 of the Range Act do not apply in relation to a grazing licence or a hay cutting licence that is entered into before the amendments come into force and that provides that a replacement for the licence must not be made.

SECTION 86: [Wildfire Act transition]

• clarifies that section 66.1 (3) of the Wildfire Act, as enacted by this Bill, must be applied and given effect, whether retroactive or otherwise, in every legal proceeding commenced after the date section 64 of this Bill received First Reading in the Legislative Assembly;
• clarifies that the repeal by this Bill of section 66.1 (4) of the Wildfire Act, which provides for vicarious liability of the government, does not affect legal proceedings against the government commenced on or before the date section 64 of this Bill received First Reading in the Legislative Assembly.

SECTION 87: [Miscellaneous Statutes Amendment Act, 2013, sections 19 to 21] repeals provisions of the Act, consequential to amendments made by this Bill to the Forest Act.