BILL 23 –
2021
FORESTS STATUTES AMENDMENT ACT, 2021
1 Section 1 (1) of the Forest Act,
R.S.B.C. 1996, c. 157, is amended by adding the following
definitions:
"forest landscape area"
means
(a) a forest landscape area within the meaning of
the Forest and Range Practices Act, or
(b) an area of land that was formerly a forest
landscape area within the meaning of that Act;
"forest operations plan"
means a forest operations plan under the Forest and Range
Practices Act; .
2 Section 1 (1) is amended by repealing the
definition of "forest service road" and
substituting the following:
"forest service road" means
a road on Crown land that is declared under this Act or the former
Act to be a forest service road; .
3 Section 20 is amended
(a) in subsection (2) (a) by striking out "may invite applications" and
substituting "may, subject to section
22.5, invite applications", and
(b) in subsection (6) by striking out "If
an eligible application" and substituting "Subject
to section 22.5, if an eligible application".
4 The following section is added:
Limitation on
issuance of timber sale licences
22.5 A timber sales
manager may not invite applications for a timber sale licence
under section 20 (2), or enter into a timber sale licence under
section 20 (6), if
(a) the timber sale licence would grant rights to
harvest Crown timber on land located inside a forest landscape
area and either of the following applies:
(i) the timber sales manager does not hold a
forest operations plan, as required under the Forest and
Range Practices Act, that applies to the land;
(ii) the location of the land is inconsistent
with the approximate locations of proposed cutblocks shown in a
forest operations plan held by the timber sales manager, or
(b) the timber sale licence would grant rights to
harvest Crown timber on land located outside a forest landscape
area and the timber sales manager does not hold a forest
stewardship plan, as required under the Forest and Range
Practices Act, that applies to the land.
5 Section 54 (2) is amended by adding the following
paragraph:
(d.4) in the case of a disposition of a road permit,
the intended recipient is a person who, under section 115 (1), may
be granted a road permit; .
6 Section 54.01 is amended
(a) by repealing subsection (2) and
substituting the following:
(2) The minister may, in approving a disposition of
an agreement under section 54 (2) (a), attach conditions to
the approval. ,
(b) in subsection (3) by striking out "the
minister may attach as a condition to an approval under section
54 (2) (a)" and substituting "the
minister may, in approving a disposition of an agreement under
section 54 (2) (a), attach as a condition", and
(c) by adding the following subsection:
(4) Without limiting subsection (2), the minister
may, in approving a disposition of an agreement under section 54
(2) (a), attach conditions in relation to a road permit associated
with the agreement, including conditions requiring the holder of
the agreement to do any of the following:
(a) dispose of the road permit, in accordance with
section 54, to the intended recipient of the agreement;
(b) surrender the road permit or rights under the
road permit;
(c) if the holder will continue to hold the road
permit after the disposition of the agreement, provide security to
the minister for the performance of the holder's obligations under
the road permit, this Act, the Forest and Range Practices Act
and the Wildfire Act.
7 Section 54.4 (1) (c) is repealed.
8 Section 54.61 is amended
(a) in subsection (1) (a) and (b) by striking
out "purported" and substituting "purports",
(b) in subsection (1) (a) and (c) by striking
out "was not met" and substituting
"is not met", and
(c) by adding the following subsection:
(1.1) The minister may suspend rights under a road
permit under section 76 (1) if a condition relating to the road
permit attached under section 54.01 (4) to an approval of a
disposition of an agreement is not met.
9 Section 58.2 is repealed.
10 The following section is added:
Transition for
cutting permits in effect on November 4, 2003
58.201 (1) This
section applies to a cutting permit that
(a) was in effect on November 4, 2003, and
(b) remains in effect on the date this section comes
into force.
(2) Subject to subsection (3), the term of a cutting
permit to which this section applies must not be extended.
(3) If the term of a cutting permit to which this
section applies expires before the date that is one year after the
date this section comes into force, the term of the cutting permit
is extended to that date.
(4) The operation of a cutting permit to which this
section applies must not be postponed.
11 Section 77 is amended by adding the following
subsection:
(6) If the minister cancels a road permit under
subsection (1), the minister may specify the date by which a road
authorized under the permit must be deactivated.
12 The following section is added:
Refusal of permit –
failure to hold forest operations plan or inconsistency with plan
81.11 (1) A permit
issuer must refuse an application for a cutting permit or road
permit to construct a road if the land that would be subject to
the permit is located inside a forest landscape area and any of
the following applies:
(a) the applicant does not hold a forest operations
plan, as required under the Forest and Range Practices Act,
that applies to the land that would be subject to the permit;
(b) in the case of an application for a cutting
permit, the area requested to be harvested under the permit is
inconsistent with the approximate locations of proposed cutblocks
shown in a forest operations plan held by the applicant;
(c) in the case of an application for a road permit,
the location of the proposed road is inconsistent with the
approximate locations of proposed roads shown in a forest
operations plan held by the applicant.
(2) In considering whether an application must be
refused under subsection (1) (b) or (c), the permit
issuer must consider matters prescribed by regulation, if any.
13 Section 81.2 (2), as enacted by the Forest and
Range Practices Amendment Act, 2019, S.B.C. 2019, c. 25, is
amended
(a) by striking out "if
any of the following applies" and substituting "if
the land that would be subject to the permit is located outside
a forest landscape area and any of the following applies",
and
(b) in paragraph (a) by striking out "in
relation to the area that will be subject" and
substituting "in relation to the land
that would be subject".
14 The following section is added:
Cutting permits or
road permits that apply to areas inside and outside forest
landscape areas
81.3 If a person
applies for a cutting permit or road permit to construct a road
and only a portion of the land that will be subject to the permit
is located inside a forest landscape area,
(a) section 81.11 applies to the permit application
as it relates to the portion of land that is inside the forest
landscape area, and
(b) section 81.2 applies to the permit application
as it relates to the portion of land outside the forest landscape
area.
15 Section 115 is amended
(a) in subsection (2) by striking out "Subject
to sections 81, 81.1 and 81.2" and substituting "Subject
to sections 81, 81.1, 81.11 and 81.2", and
(b) in subsections (3) and (4) by striking out
"compromise a forest stewardship plan"
and substituting "compromise a forest
operations plan or forest stewardship plan".
16 Section 115 (5) and (6) is repealed.
17 Section 117 is amended
(a) by adding the following subsection:
(0.1) In this section, "natural
resource development purpose" has the same meaning as in
section 21.1 of the Forest and Range Practices Act. , and
(b) in subsections (1) and (2) by striking out
"industrial purpose" and
substituting "natural resource
development purpose".
18 Section 117 (2) (c) is repealed and the
following substituted:
(c) compromise a forest operations plan or forest
stewardship plan.
19 Section 118 is amended by repealing subsection
(1) and substituting the following:
(1) A road permit must do the following:
(a) describe the location of the road that is or
will be subject to the road permit;
(b) authorize the holder to use, maintain and
deactivate the road;
(c) if the road permit is granted under section 115
(2), authorize the holder to construct the road;
(d) if the road permit grants the right to harvest
Crown timber, require the holder to pay to the government, in
addition to other amounts payable under this Act,
(i) stumpage under Part 7, and
(ii) waste assessments for merchantable Crown
timber, whether standing or felled, that could have been cut and
removed under the road permit but, at the holder's discretion, is
not cut and removed.
(1.1) A road permit may do one or more of the
following:
(a) authorize the holder to, on Crown land that is
in a Provincial forest and is in the right of way of the road,
(i) manage and use that land for sand pits,
gravel pits, rock quarries or other quarries that are in the right
of way, and
(ii) use the materials in the pits and quarries
referred to in subparagraph (i) for maintaining the road or, if
applicable, constructing the road;
(b) specify the date by which the road must be
deactivated;
(c) include other terms and conditions that are
consistent with this Act, the Forest and Range Practices Act,
the Wildfire Act and any regulations or standards made
under those Acts.
20 The following section is added:
Deactivation of
roads authorized under road permits
118.1 (1) In this
section, "deactivate", in relation to a
road, means to deactivate the road in accordance with the
requirements under the Forest and Range Practices Act
that apply to the deactivation of the road.
(2) Except in prescribed circumstances, the holder of
a road permit must deactivate a road authorized under the road
permit by the earliest of the following:
(a) the date on which
(i) the road permit expires or is surrendered, or
(ii) rights under the road permit that relate to
the road expire or are surrendered;
(b) the date of deactivation specified in the road
permit;
(c) the date of deactivation specified by the
minister under section 77 (6) on cancelling the road permit.
21 Section 119 is repealed and the following
substituted:
Road use permit content
119 (1) A road use
permit must describe the forest service road that the holder may
use.
(2) A road use permit may include terms and
conditions that are consistent with this Act, the Forest and
Range Practices Act, the Wildfire Act and any
regulations or standards made under those Acts.
22 The following section is added:
Declaration of
forest service road
120.1 (1) The minister
may declare a road on Crown land to be a forest service road if
any of the following applies:
(a) the road is the subject of a road permit;
(b) the road is a forest resource road within the
meaning of section 21.1 of the Forest and Range Practices Act;
(c) the road is constructed or maintained by the
minister under section 121 (1) of this Act, or is on
private land taken by the minister under that section;
(d) the road is on land dedicated to the government
under section 121 (8) of this Act.
(2) If a road referred to in subsection (1) (a) is
declared to be a forest service road, the minister must grant a
road use permit in relation to the road to the holder of the road
permit.
23 Section 121 is amended
(a) in subsection (1) by adding "do
one or more of the following:" after "or
the Wildfire Act may",
(b) in subsection (1) by striking out "and"
at the end of paragraph (d),
(c) in subsection (1) by adding the following
paragraph:
(f) enter into an agreement with an owner of land,
under section 3 (1) of the Expropriation Act or
otherwise, that provides for the dedication of the land, in
accordance with subsection (8) of this section, to the government
for use as a road. ,
(d) by repealing subsection (7), and
(e) by repealing subsection (8) and
substituting the following:
(8) If the minister enters into an agreement under
subsection (1) (f) with an owner of land, the minister may, for
the purposes of causing the land to be dedicated to the government
under section 107 of the Land Title Act, deposit in the
land title office a reference plan or explanatory plan that shows
the portion of land subject to the agreement as a road and, in
that event, section 107 (1) (c), (d) and (e) and (3) of the Land
Title Act applies to that portion of land.
24 Section 151 (2) (k.2) is repealed.
25 Section 151 (2) (m.7), as enacted by the Forest
and Range Practices Amendment Act, 2019, S.B.C. 2019, c. 25, is
amended by striking out "section 81.2 (3)"
and substituting "section 81.11 (2) or
81.2 (3)".
26 Section 151 (2) is amended by adding the
following paragraph:
(p.02) prescribing circumstances for the purposes of
section 118.1 (2); .
27 Section 151.8 (k) is amended by striking out "sections 56.63 to 54.67" and
substituting "sections 54.63 to 54.67".
28 Section 163 (1) is amended by striking out "105.1 (2) or (3)," and substituting "105.1 (2) or (3), 118.1 (2),".
29 Section 167.3 is amended by adding the following
subsection:
(3) If the minister determines under section 71 of
the Forest and Range Practices Act that a person has
contravened section 118.1 (2) of this Act, the minister may order
the person to do work reasonably necessary to remedy the
contravention, and, for that purpose, an order under this
subsection is deemed to be an order under section 74 (1) of the Forest
and Range Practices Act.
Part 2 – Forest and
Range Practices Act Amendments
30 Section 1 (1) of the Forest
and Range Practices Act, S.B.C. 2002, c. 69, is amended
(a) by adding the following definitions:
"area of catastrophic damage"
means an area designated under section 108.2 as an area of
catastrophic damage;
"forest landscape area", in
relation to a forest landscape plan, means the area of land
specified in the plan as the forest landscape area;
"forest landscape plan"
means a forest landscape plan under section 2.21;
"forest operations area",
in relation to a forest operations plan, means the area of land
specified in the plan as the forest operations area;
"ministry website" means a
publicly accessible website maintained by or on behalf of the
ministry of the minister; ,
(b) in the definition of "operational
plan" by adding "forest
operations plan," before "forest
stewardship plan,",
(c) by adding the following definitions:
"planning guideline" means
a guideline included under section 2.28 (2) in a forest landscape
plan;
"trail-based recreation area"
means a trail-based recreation area established under section
56; , and
(d) by repealing paragraph (b) (i) and (ii) of
the definition of "wildlife" and
substituting the following:
(i) vertebrates of the order Petromyzoniformes
(lampreys) or class Osteichthyes (bony fishes), or
(ii) invertebrates of the subphylum Crustacea
(crustaceans) or phylum Mollusca (mollusks), and .
31 The following section is added:
Interpretation –
forest landscape plans and planning guidelines
2.01 (1) For the
purposes of this Act, a forest landscape plan applies to a forest
operations plan if any portion of the forest operations area is
within the forest landscape area.
(2) For the purposes of this Act, a planning
guideline applies to a forest operations plan if the forest
landscape plan that includes the planning guideline applies to the
forest operations plan.
32 Section 2.1 (5) is amended by striking out "woodlot plan" and substituting "woodlot licence plan".
33 The following Part is added:
Part 1.1 – Forest
Landscape Plan, Forest Operations Plan and Site Level Plan
Definitions and
interpretation for Part 1.1
2.2 (1) In this Part:
"agreement" means any of
the following agreements under the Forest Act:
(a) a forest licence;
(b) a tree farm licence;
(c) a community forest agreement if the community
forest agreement area
(i) is located inside the Coast Forest Region and
includes Crown land of more than 800 ha, or
(ii) is located outside the Coast Forest Region
and includes Crown land of more than 1 200 ha;
(d) a first nations woodland licence if the first
nations woodland licence area
(i) is located inside the Coast Forest Region and
includes Crown land of more than 800 ha, or
(ii) is located outside the Coast Forest Region
and includes Crown land of more than 1 200 ha;
(e) a timber licence;
(f) a forestry licence to cut that is a major
licence;
"Indigenous governing body"
has the same meaning as in section 1 (1) of the Declaration
on the Rights of Indigenous Peoples Act;
"Indigenous peoples" has
the same meaning as in section 1 (1) of the Declaration on
the Rights of Indigenous Peoples Act;
"proposed cutblock" means a
proposed cutblock referred to in section 2.36 (2) (a) or
(3) (a) that is shown in a forest operations plan;
"proposed road" means a
proposed road referred to in section 2.36 (2) (b)
or (3) (b) that is shown in a forest operations plan.
(2) Despite section 2.1, that section does not apply
to this Part.
Division
1 – Forest Landscape Plan
Chief forester may
establish forest landscape plan
2.21 (1) The chief
forester may, by order, establish a forest landscape plan for the
following land:
(a) Crown land;
(b) private land that is subject to an agreement
under the Forest Act.
(2) Notice of an order establishing a forest
landscape plan must be published in the Gazette.
(3) A forest landscape plan established by order of
the chief forester takes effect on the later of the following:
(a) the date on which notice of the order is
published in the Gazette;
(b) the date, if any, specified in the order as the
effective date of the plan.
(4) A forest landscape plan does not apply in
relation to a woodlot licence.
Preparation of forest
landscape plan
2.22 The chief
forester, in preparing a forest landscape plan, must consider the
following objectives:
(a) supporting the production and supply of timber
in the forest landscape area;
(b) supporting the protection and conservation of
the environment;
(c) managing the values placed on forest ecosystems
by Indigenous peoples;
(d) managing the values placed on forest ecosystems
by local communities;
(e) preventing, mitigating and adapting to impacts
caused by significant disturbances to forests and forest health,
including wildfire, insects, disease and drought.
Consultation and
cooperation with Indigenous peoples
2.23 Before
establishing a forest landscape plan, the chief forester must
consult and cooperate with Indigenous peoples whose rights could
be affected by the establishment of the forest landscape plan.
Consultation and
cooperation with Indigenous governing body
2.24 (1) For the
purposes of section 2.23, the chief forester must, before
preparing a forest landscape plan, provide notice to any
Indigenous governing body that is authorized to act on behalf of
Indigenous peoples whose rights could be affected by the
establishment of the forest landscape plan.
(2) On providing notice under subsection (1) to an
Indigenous governing body, the chief forester must attempt to
establish, with the Indigenous governing body, a process for
consultation and cooperation in the preparation of the forest
landscape plan.
(3) If a process for consultation and cooperation is
established under subsection (2) with an Indigenous governing
body within 60 days of the provision of notice under subsection
(1) to the Indigenous governing body, the chief forester must
implement the process before establishing the forest landscape
plan.
Consultation and
cooperation with Indigenous governing body if process not
established
2.25 (1) If a process
for consultation and cooperation in the preparation of a forest
landscape plan is not established under section 2.24 (2) with an
Indigenous governing body referred to in that subsection within 60
days of the provision of notice, the chief forester must,
(a) before preparing the forest landscape plan,
provide the information proposed to be used by the chief forester
for the purposes of preparing the forest landscape plan to the
Indigenous governing body, and
(b) on completing a proposed forest landscape plan,
provide the proposed forest landscape plan to the Indigenous
governing body.
(2) An Indigenous governing body may, within 60 days
after receiving the information referred to in subsection (1) (a)
or the proposed forest landscape plan referred to subsection (1)
(b), provide comments to the chief forester.
(3) The chief forester must,
(a) after considering any comments received from an
Indigenous governing body under subsection (2), make the proposed
forest landscape plan publicly available for review and comment,
and
(b) after considering any comments received from the
public under paragraph (a), provide the proposed forest landscape
plan to the Indigenous governing body.
(4) An Indigenous governing body may, within 60 days
after receiving a proposed forest landscape plan under subsection
(3) (b), provide notice to the chief forester of its consent or
lack of consent to the proposed forest landscape plan.
(5) The chief forester must
(a) offer to meet with an Indigenous governing body
that provides notice of its lack of consent under subsection (4),
and
(b) attempt to achieve consensus with the Indigenous
governing body respecting the proposed forest landscape plan.
Dispute resolution
facilitation
2.26 (1) In this
section, "facilitator" means an
individual appointed under subsection (2).
(2) If a dispute arises between the chief forester
and an Indigenous governing body to which notice was provided
under section 2.24 (1) relating to a matter described in section
2.25 (5) and the chief forester and the Indigenous governing body
cannot resolve the dispute, the chief forester must appoint an
individual to facilitate the resolution of the dispute.
(3) Before appointing a facilitator, the chief
forester must consider any comments of the Indigenous governing
body referred to in subsection (2) respecting the appointment.
(4) The chief forester must participate in a dispute
resolution facilitation in respect of a dispute referred to in
subsection (2).
(5) A facilitator must provide a report on a
completed dispute resolution facilitation to each participant.
(6) The chief forester must not take further action
in respect of a decision or matter that is the subject of a
dispute resolution facilitation until after the facilitator
provides a report.
(7) A report of a facilitator does not limit the
power of the chief forester in respect of the decision or matter
that is the subject of the report.
(8) This section and section 2.27 do not apply in
respect of a dispute between the chief forester and an Indigenous
governing body if a process for consultation and cooperation
referred to in section 2.24 (3) established with the Indigenous
governing body provides for the resolution of disputes.
(9) This section and section 2.27 are not to be taken
as limiting any right an Indigenous governing body may have to
seek a remedy from a court.
(10) For certainty, this section and section 2.27
must be construed in accordance with section 35 of the Constitution
Act, 1982.
Alternative dispute
resolution process
2.27 (1) Despite
section 2.26, the chief forester and an Indigenous governing body
to which notice is provided under section 2.24 (1) may agree to
participate in an alternative dispute resolution process other
than a dispute resolution facilitation referred to in section 2.26
if the participants are satisfied that the alternative dispute
resolution process gives due consideration to the customs,
traditions, rules and legal systems of the Indigenous governing
body.
(2) The conclusion of an alternative dispute
resolution process referred to in subsection (1) does not limit
the power of the chief forester in respect of the decision or
matter that was the subject of the alternative dispute resolution
process.
Content of forest
landscape plan
2.28 (1) A forest
landscape plan must include the following:
(a) a map that shows the forest landscape area;
(b) outcomes in relation to the objectives referred
to in section 2.22;
(c) a description of how the objectives referred to
in section 2.22 were taken into consideration in establishing the
outcomes referred to in paragraph (b) of this subsection.
(2) For the purposes of achieving the outcomes
referred to in subsection (1) (b), a forest landscape plan may
include planning guidelines for forest operations plans in
relation to one or more of the following matters:
(a) areas in which new cutblocks or roads should not
be located;
(b) limits that should apply to the sizes or
configurations of cutblocks;
(c) requirements relating to forest practices,
silvicultural systems or stocking standards that should be
included in the forest operations plans.
(3) A forest landscape plan must be consistent with
any objectives established under section 93.4 of the Land Act.
Term of forest
landscape plans
2.29 (1) The term of a
forest landscape plan is 10 years.
(2) Despite subsection (1), when the term of a
replacement forest landscape plan begins, the forest landscape
plan that is being replaced ceases to apply to the forest
landscape area of the replacement plan.
Extension of forest
landscape plan
2.3 (1) The chief
forester may, by order, extend the term of a forest landscape plan
on one or more occasions.
(2) Each extension under subsection (1) may be for a
period of up to 5 years.
Report on forest
landscape plans
2.31 (1) In this
section, "reporting period", in
relation to a forest landscape plan, means each successive 5-year
period during the term of the plan, beginning on the effective
date of the plan.
(2) Within 2 years after the end of a reporting
period for a forest landscape plan, the chief forester must
publish a report on a ministry website setting out the extent to
which the outcomes identified in the plan have been achieved
during the reporting period.
Plans, studies,
analyses and information
2.32 (1) The chief
forester may, by order, for the purposes of preparing or amending
a forest landscape plan or preparing a report under section 2.31
in relation to a forest landscape plan, require a person referred
to in subsection (2) of this section to take one or more of the
following actions, as the chief forester considers adequate:
(a) prepare and submit to the chief forester plans,
studies or analyses;
(b) obtain and submit to the chief forester
information.
(2) The following persons may be the subject of an
order under subsection (1):
(a) the holder of an agreement that authorizes
timber harvesting in the forest landscape area;
(b) the holder of a forest operations plan to which
the forest landscape plan applies or will apply, as applicable.
(3) A plan, study or analysis or information required
under subsection (1) must be prepared, submitted or obtained
within the time and in the form and manner specified in the order.
Notice of decisions
in relation to forest landscape plans
2.33 (1) The chief
forester must give notice to the holder of an agreement that
grants rights to harvest timber in a forest landscape area if, in
relation to the forest landscape plan, the chief forester makes an
order that
(a) amends the plan,
(b) extends the term of the plan, or
(c) cancels the plan.
(2) Subject to subsection (3), if the holder of an
agreement submits a forest operations plan or amendment for
approval under Division 2 of this Part before the chief forester
gives notice to the holder of an order under subsection (1),
that Division applies to the submission for approval as though the
order were not made.
(3) Subsection (2) does not apply if the holder of
the agreement waives the right to be given notice of the order.
Requirement to keep
records of forest landscape plans
2.34 (1) The chief
forester must keep a record of each forest landscape plan and of
each of the following, as applicable, that relates to the plan:
(a) the order establishing the plan;
(b) an order that
(i) amends the plan,
(ii) extends the term of the plan, or
(iii) cancels the plan;
(c) a report published under section 2.31.
(2) The chief forester must, in a manner the chief
forester considers adequate, make available to a person on request
a copy of each record referred to in subsection (1).
(3) During the term of a forest landscape plan, the
chief forester must publish on a ministry website
(a) the plan, and
(b) the records referred to in subsection (1) (a),
(b) (i) and (ii) and (c) that relate to the plan.
Division
2 – Forest Operations Plan
Forest operations
plan
2.35 (1) In this
section:
"approved forest operations plan"
means a forest operations plan that is approved by the minister;
"forest landscape area"
includes an area of land that was formerly a forest landscape
area.
(2) If land subject to an agreement is located inside
a forest landscape area, the holder of the agreement must not do
any of the following unless the holder holds an approved forest
operations plan that applies to the land:
(a) apply for a cutting permit to harvest timber on
the land;
(b) apply for a road permit to construct a road on
the land;
(c) harvest timber on the land;
(d) construct a road on the land.
(3) A timber sales manager may not do any of the
following in relation to land located inside a forest landscape
area unless the timber sales manager holds an approved forest
operations plan that applies to the land:
(a) invite applications for, or enter into, a timber
sale licence that grants rights to harvest timber on the land;
(b) grant to the holder of a timber sale licence a
road permit to construct a road on the land;
(c) construct a road on the land for access to an
area to be harvested under a timber sale licence.
(4) The holder of an agreement is exempt from
subsection (2) (c) and (d) if the holder harvests timber or
constructs roads in an area of land that is subject to a cutting
permit or road permit issued before
(a) the expiry of a forest operations plan that
applied to the area subject to the permit, or
(b) the removal of the holder as a party to a forest
operations plan that applied to the area subject to the permit.
(5) The holder of an agreement is exempt from
subsection (2) if the holder only does one or more of the
following on land subject to the agreement:
(a) harvests timber to eliminate a safety hazard;
(b) harvests timber to facilitate the collection of
seed, leaving an opening not greater than 1 ha;
(c) removes felled trees from landings and road
rights of way;
(d) harvests timber not exceeding a volume of 500 m3
that, in the opinion of the minister,
(i) is in danger of being significantly reduced
in value, lost or destroyed, by insect infestation, fire or
disease, or
(ii) has been treated or will be treated by the
holder to facilitate the entrapment or elimination of pests;
(e) harvests timber or constructs roads for a
prescribed purpose.
(6) A timber sales manager is exempt from subsection
(3) in prescribed circumstances.
Content of forest
operations plan
2.36 (1) A forest
operations plan must do the following:
(a) specify the forest operations area;
(b) include requirements for the forest operations
area in respect of forest practices, silvicultural systems and
stocking standards;
(c) meet the prescribed requirements.
(2) A forest operations plan held by the holder of an
agreement must include a map, in a scale and form satisfactory to
the minister, that shows the following:
(a) the approximate location of each proposed
cutblock that is to be the subject of a cutting permit that the
holder intends to apply for during the term of the forest
operations plan;
(b) the approximate location of each proposed road
that is to be the subject of a road permit that the holder intends
to apply for during the term of the forest operations plan;
(c) the location of each existing cutblock
(i) that is within a prescribed distance of a
proposed cutblock referred to in paragraph (a), and
(ii) in which the holder has harvested or started
harvesting timber under the agreement;
(d) the location of each existing road
(i) that is continuous to or within a prescribed
distance of a proposed road referred to in paragraph (b), and
(ii) that has been constructed by the holder
under a cutting permit or road permit or that is authorized under
a cutting permit or road permit held by the holder;
(e) the location of each area that is subject to a
cutting permit or road permit held by the holder of the agreement.
(3) A forest operations plan held by a timber sales
manager must include a map, in a scale and form satisfactory to
the minister, that shows the following:
(a) the approximate location of each proposed
cutblock that the timber sales manager intends to include in
timber sale licences for which the timber sales manager will
invite applications during the term of the forest operations plan;
(b) the approximate location of each proposed road
that the timber sales manager intends to construct during the term
of the forest operations plan;
(c) the location of each area that is subject to a
timber sale licence;
(d) the location of each existing road that has been
constructed for access to an area that is subject to a timber sale
licence.
(4) For the purposes of complying with subsection (1)
(b), a forest operations plan may incorporate by reference a
requirement described in a planning guideline that applies to the
forest operations plan.
(5) A requirement in a planning guideline that is
incorporated by reference in a forest operations plan under
subsection (4)
(a) is deemed to be included in the forest
operations plan, and
(b) is incorporated as it read in the planning
guideline on the date on which the forest operations plan is
approved or amended to include the requirement, as applicable.
Additional
requirements if forest operations plan is inconsistent with
planning guidelines
2.37 (1) If either of
the following shown in a forest operations plan is inconsistent
with a planning guideline under section 2.28 (2) (a) or (b) that
applies to the forest operations plan, the forest operations plan
must include a statement of the reasons for the inconsistency:
(a) the location, size or configuration of a
proposed cutblock;
(b) the location of a proposed road.
(2) If a forest operations plan does not include a
requirement respecting forest practices, silvicultural systems or
stocking standards described in a planning guideline under section
2.28 (2) (c) that applies to the forest operations plan, the
forest operations plan must include one of the following:
(a) a statement setting out why the requirement in
the planning guideline is not included in the forest operations
plan;
(b) a substitution for the requirement in the
planning guideline, together with a statement setting out
(i) why the substituted requirement is included
in the forest operations plan, and
(ii) how the substituted requirement will achieve
an outcome similar to the outcome to which the requirement in the
planning guideline relates.
Engagement on and
review of forest operations plans
2.38 (1) A person must
not submit to the minister for approval a forest operations plan
or an amendment to a forest operations plan unless the person has
done the following, in accordance with the regulations:
(a) made reasonable efforts to engage with
Indigenous nations affected by the plan;
(b) made the plan publicly available for review and
comment.
(2) In submitting a forest operations plan or
amendment to the minister for approval, the person submitting the
plan or amendment must include the following:
(a) a summary of the engagement referred to in
subsection (1) (a) and a description of any changes made to the
plan to address matters raised by Indigenous nations;
(b) a summary of the public review and comment
referred to in subsection (1) (b) and a description of any
changes made to the plan to address comments received from the
public.
(3) If the minister requests a person to resubmit a
forest operations plan or amendment to address changes requested
by the minister, the minister may relieve the person from the
requirements under subsections (1) and (2) for the purposes of
resubmitting the plan or amendment.
Approval of forest
operations plans
2.39 (1) Subject to
section 2.4, the minister may approve a forest operations plan or
an amendment to a forest operations plan if satisfied of all of
the following:
(a) the plan or amendment meets the requirements set
out in sections 2.36 and 2.37, as applicable;
(b) the person who submitted the plan or amendment
has complied with section 2.38 (1) and (2);
(c) the person who submitted the plan or amendment
has given sufficient consideration to
(i) matters raised by Indigenous nations during
engagement under section 2.38 (1) (a), and
(ii) comments received from the public under
section 2.38 (1) (b).
(2) Subject to subsection (3), the minister may, in
approving a forest operations plan or amendment, impose a
condition under section 112 (1) that the holder, by the date
specified by the minister, deactivate a road authorized under a
road permit or cutting permit held by the holder, including a road
that is located outside of the forest operations area.
(3) A condition under subsection (2) may be imposed
only in prescribed circumstances.
(4) Except to the extent provided in subsection (3),
nothing in subsection (2) limits the discretion of the minister
under section 112 to attach a condition to the approval of a
forest operations plan or amendment.
Approval of forest
operations plans that are inconsistent with forest landscape plans
2.4 (1) If a forest
operations plan is inconsistent with a forest landscape plan, or
would be inconsistent with a forest landscape plan as a result of
an amendment to the forest operations plan, the minister may not
approve the forest operations plan or amendment unless the
minister is satisfied of all of the following:
(a) the part of the forest operations plan or
amendment that is inconsistent with the forest landscape plan
nevertheless supports the outcomes included in the forest
landscape plan;
(b) the forest operations plan or amendment supports
the proper management and conservation of forests and forest
ecosystems;
(c) the prescribed criteria, if any, are met.
(2) For the purposes of this section, a forest
operations plan is deemed to be inconsistent with a forest
landscape plan if any of the following applies:
(a) a proposed cutblock is located in an area, or
has a size or configuration, contrary to a planning guideline
under section 2.28 (2) (a) or (b);
(b) a proposed road is located in an area contrary
to a planning guideline under section 2.28 (2) (a);
(c) the forest operations plan does not include,
under section 2.36 (1) (b), a requirement relating to forest
practices, silvicultural systems or stocking standards that is
described in a planning guideline under
section 2.28 (2) (c).
(3) Subsection (2) does not limit the circumstances
in which a forest operations plan may be considered to be
inconsistent with a forest landscape plan.
Limited protection of
certain roads and cutblocks
2.41 (1) A proposed
forest operations plan or an amendment to a forest operations plan
must be considered to have received the minister's approval under
section 2.39 for the parts of the plan, if any, that relate
to a cutting permit, road permit or timber sale licence that is in
effect on the date on which the proposed forest operations plan is
submitted for approval.
(2) In prescribed circumstances, a forest operations
plan or amendment must be considered to have received the
minister's approval under section 2.39 for the parts of the plan
that relate to prescribed matters or things.
Term of forest
operations plan
2.42 (1) The term of a
forest operations plan
(a) is the period, not exceeding 5 years, that the
person submitting the plan for approval specifies at the time of
submission, and
(b) begins on the date specified in writing by the
minister in approving the plan.
(2) Despite subsection (1), when the term of a
replacement forest operations plan begins, the forest operations
plan that is being replaced ceases to apply to the forest
operations area of the replacement plan.
Extension of term of
forest operations plan
2.43 (1) In this
section, "original expiry date", in
relation to a forest operations plan, means the date on which the
term of the plan would expire if no extension were made under this
section.
(2) Subject to subsection (3), the minister, by
giving written notice to the holder of a forest operations plan,
may extend the term of the plan as follows:
(a) in prescribed circumstances, for a period of one
year or less on one or more occasions;
(b) for a period of 2 years or less on one or more
occasions if the minister considers that the government, before
the plan expires, is unlikely to complete consultations with
Indigenous nations in relation to a replacement forest operations
plan.
(3) The term of a forest operations plan may not be
extended
(a) under subsection (2) (a) to a date later than
one year after the plan's original expiry date, and
(b) under subsection (2) (b) to a date later than 2
years after the plan's original expiry date.
(4) The term of a forest operations plan may be
extended under this section before or after the plan expires.
(5) A forest operations plan that is extended under
this section may include changes to the extent provided in the
regulations.
Amendments to forest
operations plan not effective unless approved
2.44 Unless the
regulations provide otherwise, an amendment to a forest operations
plan is not effective unless the amendment is approved by the
minister under section 2.39.
Mandatory amendments
to forest operations plan
2.45 (1) Unless the
regulations provide otherwise, the holder of a forest operations
plan must propose and submit, for approval by the minister under
section 2.39 and in accordance with this section, an amendment to
the plan if any of the following applies:
(a) the area specified in the plan as the location
of a proposed cutblock or proposed road is affected by an
amendment to any of the following enactments:
(i) this Act;
(ii) the regulations;
(iii) a prescribed enactment;
(b) the holder is required by the regulations to
propose and submit the amendment to the plan.
(2) An amendment required under this section must
address the following, as applicable:
(a) an amendment to an enactment referred to in
subsection (1) (a);
(b) a regulation referred to in subsection (1) (b).
(3) An amendment required under this section must be
submitted within the following period, as applicable:
(a) in the case of a plan amendment required under
subsection (1) (a), the longer of
(i) 6 months from the date that the enactment
referred to in subsection (1) (a) is amended, and
(ii) the period, if any, specified in the
enactment referred to in subsection (1) (a);
(b) in the case of a plan amendment required by a
regulation referred to in subsection (1) (b), a period of 6 months
or longer specified in the regulation.
(4) In prescribed circumstances, the minister may
exempt a person from a requirement to amend a plan under
subsection (1).
Annual forest
development schedule
2.46 (1) On or before
December 31 of each calendar year, the holder of a forest
operations plan, other than a timber sales manager, must make
publicly available, in accordance with the regulations, a forest
development schedule that shows each location in the forest
operations area where the holder intends to start harvesting
timber or constructing roads in the next calendar year.
(2) On or before December 31 of each calendar year, a
timber sales manager who holds a forest operations plan must
publish on a ministry website a forest development schedule that
shows each location in the forest operations area that will be
included in timber sale licences for which the timber sales
manager intends to invite applications in the next calendar year.
(3) A forest development schedule must be consistent
with the forest operations plan to which the schedule relates.
(4) A forest development schedule must meet the
prescribed requirements, if any.
Division
3 – Site Level Plans
Site level plans for
cutblocks and roads
2.47 (1) Unless the
regulations provide otherwise, the holder of a forest operations
plan must prepare a site level plan
(a) for a cutblock, before the holder starts
harvesting timber on the cutblock, and
(b) for a road, before the holder starts harvesting
timber for the purposes of constructing the road.
(2) A site level plan must do the following:
(a) identify the approximate locations of cutblocks
and roads;
(b) be consistent with the forest landscape plan and
forest operations plan that applies to the plan area of the site
level plan;
(c) meet the prescribed requirements.
(3) A site level plan may apply to one or more
cutblocks and roads whether the cutblocks and roads are located
within one forest operations area or more than one forest
operations area.
Division
4 – Exemptions Relating to Forest Stewardship Plans
Exemption from
requirement to hold forest operations plan – activities under
forest stewardship plans in new forest landscape areas
2.48 (1) In this
section:
"new forest landscape area"
has the meaning given to it in subsection (2);
"related forest landscape plan"
means the forest landscape plan that establishes a new forest
landscape area.
(2) For the purposes of this section, an area of land
is a new forest landscape area if, immediately before the
establishment of a forest landscape plan that applies to the area,
the area has never been included in a forest landscape area.
(3) Subject to subsection (4), the holder of a forest
stewardship plan is exempt from section 2.35 (2) and (3) in
relation to a portion of a forest development unit included in the
plan if the portion is within a new forest landscape area and
either of the following applies:
(a) the forest stewardship plan is approved by the
minister before the date on which the related forest landscape
plan takes effect;
(b) the forest stewardship plan, or an amendment to
the forest stewardship plan to add the portion to the forest
development unit,
(i) is submitted to the minister for approval
before the date on which the related forest landscape plan takes
effect, and
(ii) is approved by the minister on or after the
date on which the related forest landscape plan takes effect.
(4) The exemption under subsection (3) ceases to
apply to the person on the following date, as applicable:
(a) unless paragraph (b) of this subsection applies,
the date that is one year after the date on which the related
forest landscape plan takes effect;
(b) if the holder, within 6 months after the date on
which the related forest landscape plan takes effect, submits to
the minister for approval a forest operations plan that applies to
the portion, the date on which the forest operations plan is
approved or rejected by the minister.
(5) Despite section 16 (1.02), that section does not
apply to a forest stewardship plan or amendment referred to in
subsection (3) (b) of this section that is submitted to the
minister for approval before the date on which the related forest
landscape plan referred to in subsection (3) (b) of this section
takes effect.
Exemption from
requirement to hold forest operations plan – activities under
cutting permits or road permits issued in relation to forest
stewardship plans
2.49 The holder of an
agreement is exempt from section 2.35 (2) (c) and (d) if the
holder harvests timber or constructs roads in an area of land that
is subject to a cutting permit or road permit issued before
(a) the expiry of a forest stewardship plan that
included a forest development unit containing the area subject to
the permit, or
(b) the removal of the holder as a party to a forest
stewardship plan that included a forest development unit
containing the area subject to the permit.
34 The following Division is added to Part 1.1:
Division
5 – Agreement with Indigenous Governing Body
Decision-making
agreement
2.5 (1) In this
Division:
"decision-making agreement"
means an agreement entered into under section 7 of the Declaration
on the Rights of Indigenous Peoples Act by the minister, on
behalf of the government, and an Indigenous governing body
relating to one or both of the following:
(a) the exercise of a statutory power of decision
under this Part jointly by
(i) the Indigenous governing body, and
(ii) the minister or the chief forester;
(b) the consent of the Indigenous governing body
before the exercise of a statutory power of decision of the
minister or the chief forester under this Part;
"statutory power of decision"
has the same meaning as in section 1 (1) of the Declaration
on the Rights of Indigenous Peoples Act.
(2) The definition of "agreement" in section 2.2 does
not apply for the purposes of the definition of "decision-making
agreement" in subsection (1) of this section.
(3) This Division applies despite Divisions 1 and 2
of this Part and sections 79 to 83.1 and 84 (1).
Decision-making
agreement – statutory power of decision of chief forester
2.51 (1) This section
applies in respect of the power of the chief forester to make the
following orders:
(a) an order under section 2.21 (1) establishing a
forest landscape plan;
(b) an order under section 2.3 (1) extending the
term of a forest landscape plan;
(c) an order amending or cancelling a forest
landscape plan.
(2) Subject to subsections (3) to (7), if a
decision-making agreement has been entered into in respect of the
power of the chief forester to make an order referred to in
subsection (1),
(a) the power must be exercised in accordance with
the decision-making agreement, and
(b) a reference in this Act or the regulations to
the order is to be read as a reference to the order as made in
accordance with the decision-making agreement.
(3) A decision-making agreement may establish
objectives in addition to those set out in section 2.22 that must
be considered in the preparation of a forest landscape plan.
(4) Subject to subsection (5), sections 2.23 to 2.27
apply in respect of the preparation of a forest landscape plan to
be established by an order made in accordance with a
decision-making agreement.
(5) If a decision-making agreement so provides,
sections 2.23 to 2.27 do not apply in respect of an Indigenous
governing body that is a party to the decision-making agreement in
relation to a forest landscape plan to be established by an order
made in accordance with the decision-making agreement.
(6) Section 2.28 applies to a forest landscape plan
established by an order made in accordance with a decision-making
agreement.
(7) The term of a forest landscape plan established
by an order made in accordance with a decision-making agreement is
the period of not less than 5 years and not more than 10
years specified in the order.
Decision-making
agreement – statutory power of chief forester
2.52 (1) This section
applies in respect of the power of the chief forester under
section 2.32 (1) to, by order, require the submission of
plans, studies, analyses or information for the purposes of
preparing or amending a forest landscape plan or preparing a
report under section 2.31.
(2) If a decision-making agreement provides for the
exercise of the power of the chief forester to make an order
referred to in subsection (1),
(a) the power must be exercised in accordance with
the decision-making agreement, and
(b) a reference in this Act or the regulations to
the order is to be read as a reference to the order as made in
accordance with the decision-making agreement.
Decision-making
agreement – statutory power of minister
2.53 (1) This section
applies in respect of the following powers of the minister:
(a) the power under section 2.38 (3) to relieve a
person from the requirements under section 2.38 (1) and (2) for
the purposes of resubmitting a forest operations plan or an
amendment to a forest operations plan;
(b) the power under section 2.45 (4) to exempt a
person from a requirement under section 2.45 (1) to amend a forest
operations plan.
(2) If a decision-making agreement provides for the
exercise of a power of the minister referred to in subsection (1),
(a) the power must be exercised in accordance with
the decision-making agreement, and
(b) a reference in this Act or the regulations to
the power exercised by the minister is to be read as a reference
to the power as exercised in accordance with the decision-making
agreement.
Decision-making
agreement – statutory power of decision of minister
2.54 (1) This section
applies in respect of the following powers of the minister:
(a) the power under section 2.39 to approve a forest
operations plan or an amendment to a forest operations plan;
(b) the power under section 2.43 to extend the term
of a forest operations plan;
(c) the power under section 112 to impose, remove or
vary conditions in respect of an approval of a forest operations
plan or of an amendment to a forest operations plan.
(2) Subject to subsection (3), if a decision-making
agreement has been entered into in respect of a power of the
minister referred to in subsection (1),
(a) the power must be exercised in accordance with
the decision-making agreement, and
(b) a reference in this Act or the regulations to
the power exercised by the minister is to be read as a reference
to the power as exercised in accordance with the decision-making
agreement.
(3) The criteria set out in sections 2.39 (1) (a) to
(c) and 2.4 (1) (a) to (c) apply to the granting of an approval of
a forest operations plan or of an amendment to a forest operations
plan in accordance with a decision-making agreement.
(4) Section 2.39 (2) to (4) applies, with the
necessary changes, to the imposition of conditions in respect of
an approval of a forest operations plan or of an amendment to a
forest operations plan in accordance with a decision-making
agreement.
(5) Section 79 applies to a correction of an approval
granted under section 2.39 (1) in accordance with a
decision-making agreement, except that the reference in that
section to the person who made the determination is to be read as
a reference to the minister.
(6) A review required under section 80 (1) of an
approval granted under section 2.39 (1) in accordance with a
decision-making agreement must be conducted in accordance with the
decision-making agreement.
(7) A review referred to in subsection (6) may be
conducted only if there is evidence that was not available at the
time of the original determination.
(8) Section 80 (2), (3) and (5) applies, with the
necessary changes, to a review referred to in subsection (6).
(9) The minister may extend the time limit for
requiring a review referred to in subsection (6) before or after
its expiry.
(10) Unless a decision-making agreement so provides,
sections 81 to 83.1 and 84 (1) do not apply with respect
to
(a) an approval granted under section 2.39 (1) in
accordance with the decision-making agreement, and
(b) a decision made after completion of a review of
the approval.
(11) If a decision-making agreement provides that
section 81 applies with respect to an approval referred to in
subsection (10) (a) of this section,
(a) a review required by the board under section 81
(1) must be conducted in accordance with the decision-making
agreement, and
(b) the minister may extend the time limit for
requiring a review referred to in paragraph (a) of this subsection
before or after its expiry.
35 Section 3 is amended
(a) by repealing subsection (0.1) and
substituting the following:
(0.1) In this section:
"agreement" means any of
the following agreements under the Forest Act:
(a) a forest licence;
(b) a tree farm licence;
(c) a community forest agreement;
(d) a timber licence;
(e) a forestry licence to cut that is a major
licence;
"approved forest stewardship plan"
means a forest stewardship plan that is approved by the minister;
"forest landscape area"
includes an area of land that was formerly a forest landscape
area. ,
(b) by repealing subsections (1), (1.1) and (2)
and substituting the following:
(1) If land subject to an agreement is located
outside a forest landscape area, the holder of the agreement must
not do any of the following unless the holder holds an approved
forest stewardship plan that includes a forest development unit
that contains the land:
(a) apply for a cutting permit to harvest timber on
the land;
(b) apply for a road permit to construct a road on
the land;
(c) harvest timber on the land;
(d) construct a road on the land.
(1.1) The holder of an agreement is exempt from
subsection (1) (c) and (d) if the holder harvests timber or
constructs roads in an area of land that is subject to a cutting
permit or road permit issued before
(a) the expiry of a forest stewardship plan that
included a forest development unit containing the area subject to
the permit, or
(b) the removal of the holder as a party to a forest
stewardship plan that included a forest development unit
containing the area subject to the permit.
(2) A timber sales manager may not do any of the
following in relation to land located outside a forest landscape
area unless the timber sales manager holds an approved forest
stewardship plan that includes a forest development unit that
contains the land:
(a) invite applications for, or enter into, a timber
sale licence that grants rights to harvest timber on the land;
(b) grant to the holder of a timber sale licence a
road permit to construct a road on the land;
(c) construct a road on the land for access to an
area to be harvested under a timber sale licence. ,
and
(c) in subsection (4) (c) by adding "located
outside a forest landscape area" after "areas
of land".
36 Section 4 (1) is amended by striking out "the holder of a licence or an agreement"
and substituting "the holder of an
agreement".
37 Section 5 (1) (b) is amended by striking out "and" at the end of subparagraph (i)
and by adding the following subparagraph:
(i.1) if a portion of a forest development unit
is within an area prescribed by the minister under section 168.1,
the objectives prescribed by the minister under that section for
prescribed resources and features in that area, and .
38 Section 11 is repealed.
39 Section 12 is amended
(a) by adding the following subsection:
(0.1) In this section, "approved
woodlot licence plan" means a woodlot licence plan that
is approved by the minister. , and
(b) by repealing subsections (1) and (1.1) and
substituting the following:
(1) The holder of a woodlot licence must not do any
of the following on land within the woodlot licence area unless
the holder holds an approved woodlot licence plan that includes
the land:
(a) apply for a cutting permit to harvest timber on
the land;
(b) apply for a road permit to construct a road on
the land;
(c) harvest timber on the land;
(d) construct a road on the land.
(1.1) The holder of a woodlot licence is exempt from
subsection (1) (c) and (d) if the holder harvests timber or
constructs roads in an area of land that is subject to a cutting
permit or road permit issued before the expiry of a woodlot
licence plan that included the area subject to the permit.
40 Section 16 is amended
(a) by repealing subsection (1) and
substituting the following:
(1) Subject to subsection (1.02), the minister must
approve a forest stewardship plan or an amendment to a forest
stewardship plan if satisfied of all of the following:
(a) the plan meets the requirements set out in
section 5;
(b) the person who submitted the plan has complied
with section 18 (1) and (2);
(c) the person who submitted the plan has given
sufficient consideration to
(i) matters raised by Indigenous nations during
engagement under section 18 (1) (a), and
(ii) comments received from the public under
section 18 (1) (b). , and
(b) by adding the following subsection:
(1.02) The minister may not under subsection (1)
approve the following:
(a) a forest stewardship plan if a portion of a
forest development unit included in the plan would be within a
forest landscape area or an area of land that was formerly a
forest landscape area;
(b) an amendment to a forest stewardship plan if, as
a result of the amendment, a portion of a forest development unit
included in the plan would be within a forest landscape area or an
area of land that was formerly a forest landscape area.
41 Section 18 is repealed and the following
substituted:
Engagement on and review
of forest stewardship plans
18 (1) A person must not
submit to the minister for approval a forest stewardship plan, or
an amendment to a forest stewardship plan, unless the person has
done the following, in accordance with the regulations:
(a) made reasonable efforts to engage with
Indigenous nations affected by the plan;
(b) made the plan publicly available for review and
comment.
(2) In submitting a forest stewardship plan or
amendment to the minister for approval, the person submitting the
plan or amendment must include the following:
(a) a summary of the engagement referred to in
subsection (1) (a) and a description of any changes made to the
plan to address matters raised by Indigenous nations;
(b) a summary of the public review and comment
referred to in subsection (1) (b) and a description of any
changes made to the plan to address comments received from the
public.
(3) If the minister requests a person to resubmit a
forest stewardship plan or amendment to address changes requested
by the minister, the minister may relieve the person from the
requirements under subsections (1) and (2) for the purposes of
resubmitting the plan or amendment.
42 Sections 19 and 20.1 are repealed.
43 The following Part is added:
Part 2.1 – General
Provisions Relating to Forest Operations
Plans, Forest Stewardship Plans and Woodlot Licence Plans
Division
1 – Definitions
Definitions for Part
2.1
20.2 In this Part:
"licence area", in relation
to a timber sale licence, means the area of land subject to the
licence;
"permit area", in relation
to a cutting permit or road permit, means the area of land subject
to the permit;
"plan area" means,
(a) in relation to a forest operations plan, the
forest operations area, and
(b) in relation to a forest stewardship plan or
woodlot licence plan, the area to which the plan applies.
Division
2 – Compliance with Plans
Compliance with
forest operations plans
20.21 (1) The holder
of a forest operations plan must do the following:
(a) comply with the requirements included in the
plan;
(b) comply with any other provision in the plan that
relates to a requirement referred to in paragraph (a).
(2) Subject to subsection (4), if a forest operations
plan expires, the obligation under subsection (1) continues to
apply to the person who held the expired plan in relation to the
requirements and other provisions in the plan as they read
immediately before the plan expired.
(3) Subject to subsection (4), if a forest operations
plan is amended to remove a person as a holder of the plan, the
obligation under subsection (1) continues to apply to the person
in relation to the requirements and other provisions in the plan
as they read immediately before the person was removed as a
holder.
(4) A person is not required to comply with an
obligation that continues under subsection (2) or (3) if
(a) the person holds another forest operations plan
that applies to the same area to which the obligation relates, and
(b) the other forest operations plan includes a
requirement or other provision that is identified as being a
replacement for the requirement or other provision to which the
obligation relates.
(5) For the purposes of an obligation that continues
under subsection (2) or (3), a requirement or other provision
referred to in subsection (1) may, as applicable, be amended as if
(a) the forest operations plan had not expired, or
(b) the person had not been removed as a holder of
the forest operations plan.
Compliance with
forest stewardship plans and woodlot licence plans
20.22 (1) The holder
of a forest stewardship plan or woodlot licence plan must do the
following:
(a) ensure that the intended results specified in
the plan are achieved;
(b) carry out the strategies described in the plan;
(c) comply with any other provision in the plan that
relates to a result or strategy referred to in paragraph (a) or
(b).
(2) Subject to subsection (4), if a forest
stewardship plan or woodlot licence plan expires, the obligation
under subsection (1) continues to apply to the person who held the
expired plan in relation to the results, strategies and other
provisions in the plan as they read immediately before the plan
expired.
(3) Subject to subsection (4), if a forest
stewardship plan is amended to remove a person as the holder of
the plan, the obligation under subsection (1) continues to apply
to the person in relation to the results, strategies and other
provisions in the plan as they read immediately before the person
was removed as a holder.
(4) A person is not required to comply with an
obligation that continues under subsection (2) or (3) if
(a) the person holds another forest stewardship plan
or woodlot licence plan, or a forest operations plan, that applies
to the same area to which the obligation relates, and
(b) that other plan includes a provision that is
identified as being a replacement for the result, strategy or
other provision to which the obligation relates.
(5) For the purposes of an obligation that continues
under subsection (2), a result, strategy or other provision
referred to in subsection (1) may be amended as if the forest
stewardship plan or woodlot licence plan had not expired.
Division
3 – Protection of Cutting Permits, Road Permits and Timber Sale
Licences
Plans that apply to
issued permits and licences
20.23 (1) If a forest
operations plan, forest stewardship plan or woodlot licence plan
applies to a portion of the permit area of a cutting permit or
road permit on the following date, the plan, as it read on that
date, continues to apply in relation to the activities carried out
under the permit in the portion despite any subsequent amendment,
replacement or expiration of the plan:
(a) unless paragraph (b) applies, the date on which
the permit is issued;
(b) if the portion was added to the permit area by
an amendment to the permit, the date on which the permit was
amended.
(2) If a forest operations plan or forest stewardship
plan applies to the licence area of a timber sale licence on the
date the licence is advertised, the plan, as it read on that date,
continues to apply to the licence area despite any subsequent
amendment, replacement or expiration of the plan.
Exemption from
requirement to amend operational plan
20.24 The requirement
under section 2.45 (1), 8 (1) or 15 (2) to propose and submit
amendments to a forest operations plan, forest stewardship plan or
woodlot licence plan, as applicable, does not apply to a portion
of the plan area if
(a) the portion is
(i) a permit area of a cutting permit or road
permit, or
(ii) a licence area of a timber sale licence,
(b) a road referred to in section 20.27 exists on
the portion, or
(c) the portion conforms to prescribed criteria.
Division
4 – Miscellaneous
Planning documents
made available to the public
20.25 (1) In this
section, "plan" means any of the
following:
(a) a forest operations plan;
(b) a forest stewardship plan;
(c) a woodlot licence plan;
(d) a site level plan referred to in section 2.52;
(e) a site plan referred to in section 10.
(2) A person, other than a timber sales manager, who
holds a plan must make the plan publicly available in accordance
with the regulations.
(3) A timber sales manager who holds a plan must
publish the plan on a ministry website.
Additional parties
to plans
20.26 (1) Subject to
subsections (2) and (3), if a forest operations plan, forest
stewardship plan or woodlot licence plan has been approved by the
minister, a person may be added or removed as a party to the plan
only if an amendment to add or remove the person as a party to the
plan is approved by the minister.
(2) Unless the regulations provide otherwise, a
forest operations plan may be held only by one person.
(3) A woodlot licence plan may be held only by the
holder of the woodlot licence to which the plan relates.
Roads constructed
by the minister for accessing timber sale licences
20.27 An approval or
refusal to approve a forest operations plan, a forest stewardship
plan or an amendment to a forest operations plan or forest
stewardship plan does not affect the minister's discretion under
section 121 of the Forest Act to construct a road to
provide access to an area to be harvested under a timber sale
licence.
44 Division 1 of Part 3 is repealed.
45 The following section is added to Division 2 of
Part 3:
Definitions for
Division 2
21.1 (1) In this
Division:
"construct", in relation to
a road, includes to modify the road;
"forest resource road"
means a road, other than a road referred to in
subsection (2), that is
(a) on Crown land in a Provincial forest,
(b) outside a Provincial forest and for the purpose
of providing access to timber on Crown land,
(c) on private land that is subject to an agreement
under the Forest Act, or
(d) subject to a requirement for a special use
permit;
"major culvert" has the
prescribed meaning;
"modify", in relation to a
road, includes
(a) to widen the running surface of the road,
(b) to realign or reconstruct a portion of the road,
and
(c) to install or replace a bridge or major culvert
associated with the road;
"natural resource development
purpose", in relation to a road, means use of the road
for any of the following purposes:
(a) developing a natural resource other than timber;
(b) transporting a natural resource other than
timber;
(c) transporting equipment, materials or personnel
associated with an activity referred to in paragraph (a) or (b);
"right of way", in relation
to a road, means one of the following:
(a) unless paragraph (b) applies, the Crown land in
the area that is
(i) the length of the road, and
(ii) 37.5 metres on each side of the centre line
of the road;
(b) if a road permit shows or describes the road
corridor in which the road may be constructed, the Crown land in
that road corridor;
"road prism", in relation
to a road, means the area consisting of
(a) the road surface, and
(b) any cut slope and road fill;
"significant road work", in
relation to a forest service road, means the following:
(a) modifying the forest service road;
(b) constructing works in the road prism or right of
way of the forest service road;
(c) connecting a road to the forest service road;
"silviculture purpose", in
relation to a road, means use of the road for either of the
following purposes:
(a) providing access for tree planting that requires
more than 12 months to complete;
(b) transporting machinery associated with
silviculture treatments;
"timber harvesting purpose",
in relation to a road, means use of the road for any of the
following purposes:
(a) timber harvesting;
(b) transporting timber;
(c) transporting equipment, materials or personnel
associated with an activity referred to in paragraph (a) or (b).
(2) The following roads are excluded from the
definition of "forest resource road" in subsection (1):
(a) a forest service road;
(b) a road authorized under the Land Act;
(c) a provincial public highway within the meaning
of the Transportation Act;
(d) a road constructed or maintained under the Community
Charter;
(e) a road constructed or maintained under the Pipeline
Act, before the repeal of that Act.
46 Section 21.1 (1) is amended by repealing the
definition of "significant road work"
and substituting the following:
"significant road work"
means,
(a) in relation to a forest service road, the
following:
(i) modifying the forest service road;
(ii) constructing works in the road prism or
right of way of the forest service road;
(iii) connecting a road to the forest service
road, and
(b) in relation to a road authorized under a road
permit, the following:
(i) modifying the road;
(ii) constructing works in the road prism of the
road;
(iii) connecting another road to the road; .
47 The following section is added:
Application
21.2 (1) Except as
provided by the regulations, the obligations and prohibitions set
out in this Division do not apply to the government.
(2) If a provision under this Act conflicts or is
inconsistent with a provision under the Industrial Roads Act,
the provision under this Act prevails.
48 Section 22 is amended
(a) by repealing subsection (1),
(b) in subsection (2) by adding "or"
at the end of paragraph (a), and
(c) by repealing subsection (2) (b) to (d) and
substituting the following:
(b) a forest resource road.
49 Section 22 (2) is amended by striking out "forest stewardship plan or a woodlot licence
plan" and substituting "forest
operations plan, forest stewardship plan or woodlot licence plan".
50 Section 22.1 is repealed and the following
substituted:
Use of forest service
roads for timber harvesting, silviculture or natural resource
development purposes
22.1 (1) A person must
not use a forest service road for a timber harvesting purpose,
silviculture purpose or natural resource development purpose
unless one of the following applies:
(a) the person is authorized to use the road under a
road use permit;
(b) the person is granted an exemption under
subsection (2).
(2) The minister may grant an exemption to a person
for the purposes of subsection (1) (b) if satisfied that the
person's use of the forest service road will not
(a) unnecessarily impact forest resources,
(b) materially affect the use of the road by others,
or
(c) materially increase the need for road
maintenance.
(3) A person granted an exemption under subsection
(2) must comply with any conditions of the exemption imposed by
the minister.
(4) Subsection (1) does not apply to a person if the
person's use of the forest service road is related to operations
associated with an agreement under the Range Act.
Use of forest
resource roads for timber harvesting, silviculture or natural
resource development purposes
22.11 (1) A person
must not use a forest resource road for a timber harvesting
purpose or silviculture purpose unless one of the following
applies:
(a) the person is authorized to use the road under
(i) a road permit,
(ii) a cutting permit,
(iii) a woodlot licence,
(iv) a timber sale licence, or
(v) a forestry licence to cut;
(b) the road is authorized under any of the
following held by another person:
(i) a permit or licence referred to in paragraph
(a) (i) to (iv);
(ii) a special use permit;
(c) the person is granted an exemption under
subsection (3).
(2) A person must not use a forest resource road for
a natural resource development purpose unless one of the following
applies:
(a) the person is authorized to use the road under a
special use permit;
(b) the road is authorized under any of the
following held by another person:
(i) a road permit;
(ii) a woodlot licence;
(iii) a special use permit;
(c) the road
(i) was constructed under the authority of the Coal
Act, Mineral Tenure Act, Mines Act or Mining
Right of Way Act,
(ii) is located within the boundary of a claim,
lease, permit or other authorization granted or issued under an
Act specified in subparagraph (i), and
(iii) is being used for the purposes of
developing a natural resource, other than timber, under the
applicable authorization specified in subparagraph (ii);
(d) the road is authorized under the Geothermal
Resources Act or Petroleum and Natural Gas Act;
(e) the person is granted an exemption under
subsection (3).
(3) The minister may grant an exemption to a person
for the purposes of subsection (1) (c) or (2) (e) if satisfied
that the person's use of the forest resource road will not
unnecessarily impact forest resources.
(4) A person who is granted an exemption under
subsection (3) must do the following:
(a) maintain the road, for the duration of the
person's use of the road, in accordance with the regulations and
any applicable forest stewardship plan or woodlot licence plan;
(b) comply with any conditions of the exemption
imposed by the minister.
(5) Subsection (1) does not apply to a person if the
person's use of the forest resource road is for a timber
harvesting purpose related to operations associated with an
agreement under the Range Act.
Notice of use of
forest service road or road authorized under permit or licence
22.12 (1) A person who
intends to use a forest service road for a timber harvesting
purpose, silviculture purpose or natural resource development
purpose must provide notice to the following, in accordance with
subsection (3):
(a) the minister;
(b) if applicable, the holder of a road use permit
to whom the obligation to maintain the forest service road has
been transferred.
(2) If a road is authorized under any of the
following permits or licences, a person who intends to use the
road for a timber harvesting purpose, silviculture purpose or
natural resource development purpose must provide notice to the
holder of the permit or licence, in accordance with subsection
(3):
(a) a road permit;
(b) a cutting permit;
(c) a woodlot licence;
(d) a timber sale licence;
(e) a special use permit.
(3) A notice required under subsection (1) or (2)
must
(a) be given on or before the earlier of the
following:
(i) the date that is 6 days before the date on
which the person will begin to use the road;
(ii) the prescribed date, if any,
(b) be given in the prescribed form and manner, if
any, and
(c) specify the date on which the person will begin
using the road.
(4) Subsections (1) and (2) do not apply to a person
if the person's use of the road is related to operations
associated with an agreement under the Range Act.
51 Section 22.11 (4) is amended by adding "forest
operations plan," before "forest
stewardship plan".
52 Section 22.2 is amended
(a) in subsection (1) (b) by striking out "constructed or maintained by the holder of"
and substituting "authorized under",
(b) in subsection (1) by striking out "by
any person, other than a person referred to in section 22.1,
without charge" and substituting "by
any person without charge for a purpose other than a timber
harvesting purpose, silviculture purpose or natural resource
development purpose",
(c) in subsection (4) (b) by striking out "holders" and substituting "a
holder of a permit or licence", and
(d) in subsection (4) by striking out "a
person, other than a person referred to in section 22.1, who
uses a road or class of roads" and substituting "a
person who uses a road or class of roads for a purpose other
than a timber harvesting purpose, silviculture purpose or
natural resource development purpose".
53 Section 22.2 is amended
(a) in subsection (1) by striking out "Subject
to subsections (2) to (4)" and substituting "Subject
to subsection (4)",
(b) in subsection (1) by striking out "and
to regulations respecting roads made under the Industrial
Roads Act", and
(c) by repealing subsections (2) and (3).
54 Section 22.3 is amended
(a) by adding the following subsection:
(0.1) In this section, "person
responsible for maintaining a road" means the following:
(a) in relation to a road authorized under a road
permit, the holder of the permit;
(b) in relation to a road authorized under a woodlot
licence, the holder of the licence;
(c) in relation to a forest service road, the holder
of a road use permit to whom the obligation to maintain the forest
service road has been transferred, if applicable;
(d) in relation to a prescribed forest service road,
the minister. ,
(b) by repealing subsection (1) and
substituting the following:
(1) By written notice in accordance with this
section, the person responsible for maintaining a road may require
payment, within the limits imposed under subsection (2) (b), from
a person who uses the road for
(a) a timber harvesting purpose, silviculture
purpose or natural resource development purpose, or
(b) a prescribed purpose. ,
(c) by adding the following subsection:
(1.1) The holder of a road use permit to whom the
obligation to maintain a forest service road has been transferred
may give a notice under subsection (1) in relation to the forest
service road only in the prescribed circumstances. ,
(d) in subsection (3) by striking out "If
the holder of the road permit, road use permit or woodlot
licence who gives a written notice under subsection (1) and the
person who receives the notice do not agree on what amount of
payment should be required, the holder and the person"
and substituting "Subject to
subsection (3.1), if a person responsible for maintaining a
road who gives a written notice under subsection (1) and the
person who receives the notice do not agree on what amount of
payment should be required, the person responsible for
maintaining the road and the person who received that notice",
(e) by adding the following subsection:
(3.1) Subsection (3) does not apply in respect of an
amount specified in a notice given by the minister in respect of a
forest service road. , and
(f) in subsection (4) by striking out "holder
of the permit or licence" and substituting "person".
55 Section 23 is repealed.
56 The following section is added:
Significant road work
in relation to forest service roads
23.1 (1) A person must
not carry out significant road work in relation to a forest
service road unless one of the following applies:
(a) the person is authorized under subsection (2) by
the minister to carry out the significant road work;
(b) the person is authorized under the regulations
to carry out the significant road work.
(2) The minister may, on application, authorize a
person to carry out significant road work in relation to a forest
service road.
(3) The minister, in granting an authorization under
subsection (2), may impose under section 112 (1) one or more of
the following conditions:
(a) that the person give an indemnity to the
government for losses or damages sustained by the government, or
for claims for losses or damages made against the government,
arising out of the significant road work;
(b) that the person obtain and maintain insurance.
(4) If a person is authorized under subsection (2) to
carry out significant road work in relation to a forest service
road, the minister may authorize the person to use sand, gravel,
rock or other materials in the road right of way for the purposes
of carrying out the significant road work.
(5) Nothing in subsection (3) of this section limits
the discretion of the minister under section 112 (1) to attach a
condition to an authorization granted under subsection (2) of this
section.
57 Section 23.1 is amended
(a) by adding the following subsection:
(1.1) A person must not carry out significant road
work in relation to a road that is authorized under a road permit
unless one of the following applies:
(a) the person is the holder of the road permit;
(b) the person has the consent of the holder of the
road permit to carry out the significant road work;
(c) the person is authorized under subsection (2) by
the minister to carry out the significant road work;
(d) the person is authorized to carry out the
significant road work under the regulations. ,
(b) in subsections (2) and (4) by adding "or road authorized under a road permit"
after "a forest service road", and
(c) in subsection (3) by adding "in
relation to a forest service road" after "an
authorization under subsection (2)".
58 The following sections are added:
Order to deactivate
road
23.2 (1) The minister
may, by order, require the holder of an agreement under the Forest
Act to deactivate a road authorized or constructed under
(a) the agreement, or
(b) a cutting permit issued under the agreement.
(2) An order made under subsection (1) must specify
the following:
(a) the location of the road;
(b) the date by which the deactivation must be
completed.
Exemption from
deactivating road
23.3 (1) The minister
may exempt the holder of an agreement under the Forest Act from
a requirement under this Act or the Forest Act that
relates to the deactivation of a road authorized or constructed
under
(a) the agreement, or
(b) a cutting permit issued under the agreement.
(2) In determining whether to exempt a holder under
subsection (1), the minister must consider the following:
(a) public safety;
(b) human health and the environment;
(c) social and resource values;
(d) impacts on communities.
59 Section 24 is repealed and the following
substituted:
Section 42 of Transportation
Act does not apply
24 (1) Section 42 (1) of
the Transportation Act does not apply to public money
spent on the following:
(a) a forest service road;
(b) a road authorized under an agreement under the Forest
Act or under a cutting permit;
(c) a road authorized under a special use permit;
(d) a road constructed or maintained under section
121 of the Forest Act by the minister responsible for
that Act;
(e) any other road constructed or maintained under
(i) this Act,
(ii) the Forest Act,
(iii) the former Act as defined in section 1 of
the Forest Act, or
(iv) the Forest Practices Code of British
Columbia Act.
(2) A road referred to in subsection (1) does not
become a public highway under the common law as result of public
money being spent on the road.
60 Section 26 is amended
(a) in subsection (2) by renumbering paragraph
(a) as paragraph (a.1) and by adding the following paragraph:
(a) a forest operations plan, ,
and
(b) in subsections (7) and (8) by adding "a forest operations plan," before "a forest stewardship plan or a woodlot
licence plan".
61 Section 27 (4) is amended by adding "a
forest operations plan," before "a
forest stewardship plan or a woodlot licence plan".
62 Section 29 is amended
(a) by adding the following subsection:
(0.1) The holder of an agreement within the meaning
of section 2.2 who harvests timber to which a forest operations
plan applies must establish, in accordance with the plan, the
prescribed requirements and the standards, a free growing stand on
those portions of the area of the harvest that are in the net area
to be reforested. ,
(b) in subsection (1) by striking out "A
holder of a major licence or community forest agreement"
and substituting "The holder of an
agreement within the meaning of section 3" and by
striking out "establish in accordance
with" and substituting "establish,
in accordance with", and
(c) by repealing subsection (2) and
substituting the following:
(2) A timber sales manager who is the holder of a
forest operations plan or forest stewardship plan must establish,
in accordance with the plan, the prescribed requirements and the
standards, a free growing stand on those portions of the area of
the harvest under the plan that are in the net area to be
reforested.
63 The following section is added to Division 4 of
Part 3:
Stocking standards
31.1 (1) In prescribed
circumstances, the chief forester may, by order, require the
holder of a forest stewardship plan to comply with stocking
standards set out in the order.
(2) In making an order under subsection (1), the
chief forester may exempt the holder of the forest stewardship
plan from a stocking standard set out in the plan or the
regulations on the condition that the holder complies with the
stocking standards set out in the order.
64 Section 56 is amended
(a) in subsection (1) by striking out "is
subject to another enactment and" and by striking out "a recreation site or a recreation trail"
wherever it appears and substituting "a
recreation site, a recreation trail or a trail-based recreation
area", and
(b) in subsection (3) by striking out "recreation
site or recreation trail" and substituting "a
recreation site, a recreation trail or a trail-based recreation
area".
65 Section 58 (1) (a) (ii) is amended
(a) by repealing clause (B) and substituting
the following:
(B) a recreation site; ,
and
(b) by adding the following clauses:
(C) a recreation trail;
(D) a trail-based recreation area, .
66 Section 71 is amended
(a) by repealing subsection (3) and
substituting the following:
(3) In a determination under subsection (1), it is
sufficient proof that a person has contravened a provision of the
Acts to establish that the provision has been contravened by the
person's contractor, employee or agent. ,
and
(b) by adding the following subsection:
(3.1) Subsection (3) applies even if the contractor,
employee or agent has not been identified or made subject to a
determination under subsection (1).
67 Section 72 is amended by striking out "For
the purposes of a determination of the minister under section 71
or 74, no person may be found to have contravened" and
substituting "For the purposes of a
determination under section 71, the minister may not find that a
person has contravened".
68 Section 77.1 (1) and (2) is amended by striking
out "will continue or result in a
potential unjustifiable infringement of" and substituting
"adversely affects or is likely to
adversely affect".
69 Sections 79 (1), 80 (1) and 81 (1) are amended
by striking out "section 16," and
substituting "section 2.39 (1), 16,".
70 Section 80 (1) is amended by striking out "108, 112 (1) (a)" and substituting "108 (1) or (2), 108.3 (2), 112 (1) (a)".
71 Section 87 is amended
(a) in subsection (3) (a) by striking out "22.1 (1), (2), (5) or (6)," and
substituting "22.1 (1) or (3), 22.11 (1),
(2) or (4),", and
(b) in subsection (4) by striking out "section
23 (1), 53 (1) or (2)," and substituting "section
53 (1) or (2),".
72 Section 87 is amended
(a) in subsection (2) by striking out "section
21 (1), 22 (2), 29 (1) or (3) or 55 (a)" and substituting
"section 21 (1), 22 (2), 22.1 (1), 23.1
(1), 29 (1) or (3), 55 (a) or 110.1 (1) or (2)",
(b) by repealing subsection (3) (a) and
substituting the following:
(a) contravenes section 3 (1), 8 (1), 12 (1), 15
(2), 22.1 (3), 22.11 (1), (2) or (4), 26 (3) or (5), 32 (1),
38 (1), (2), (3), (4) or (5), 45 (1) or (2), 46 (1.1), 47,
48, 50 (1) or (2), 51 (1), (2) or (6), 52.1 (3), 53 (1) or (2), 54
(1), 55 (b) or (c), 57 (1) or (3), 58 (4), 63 (1) or (2), 70, 97
(2) or 119, or , and
(c) by repealing subsection (4).
73 Section 87 (2) is amended by striking out "23.1 (1)," and substituting "23.1
(1) or (1.1),".
74 Section 87 is amended
(a) in subsection (2) by striking out "section
21 (1), 22 (2)," and substituting "section
20.21 (1), 20.22 (1), 22 (2)," and by striking out "29 (1) or (3)," and substituting "29 (0.1), (1) or (3),", and
(b) in subsection (3) (a) by striking out "section 3 (1), 8 (1), 12 (1)" and
substituting "section 2.35 (2) (c) or
(d), 3 (1) (c) or (d), 8 (1), 12 (1) (c) or (d)".
75 Section 97 (3) (a) is amended by adding "forest
operations plan," before "forest
stewardship plan".
76 The following Division is added to Part 6:
Division
6 – Disclosure of Information
Disclosure of
information
103.1 (1) In this
section:
"administrative penalty"
means a monetary penalty imposed under the Acts for a
contravention of a provision of the Acts, but does not include a
fine;
"fine" means an amount
payable under the Acts or the Offence Act in respect of
a conviction, or a violation ticket issued, for an offence against
a provision of the Acts, whether payable as a penalty or otherwise
and whether payable to the government, the court or another person
or entity, and includes a victim surcharge levy under section 8.1
of the Victims of Crime Act;
"sanction" includes a
direction, decision or order.
(2) In accordance with section 33.1 (1) (c) of the Freedom
of Information and Protection of Privacy Act, the minister
may disclose the following information inside or outside Canada
with respect to a person who is convicted of an offence, has paid
or is liable to pay an administrative penalty or is subject to
another sanction under a provision of the Acts:
(a) the name of the person;
(b) the provision of the Acts
(i) that the person contravened, or
(ii) under which a sanction has been imposed;
(c) the location at which
(i) the contravention occurred, or
(ii) the conduct or circumstances that resulted
in the sanction arose;
(d) a description of
(i) the contravention, or
(ii) the conduct or circumstances that resulted
in the sanction;
(e) the fine, sentence, administrative penalty or
other sanction to which the person is subject;
(f) if a fine or administrative penalty is overdue,
the date it was due and the outstanding amount.
77 Section 107 is amended
(a) by repealing subsection (1) and
substituting the following:
(1) Subject to subsections (1.1) and (1.2), a person
who holds an agreement under the Forest Act or the Range
Act or who meets the prescribed requirements may submit to
the district manager a written declaration specifying that one or
more of the following have been fulfilled:
(a) an obligation under this Act;
(b) an obligation under an operational plan;
(c) an obligation under a permit or other
authorization. ,
(b) by adding the following subsections:
(1.1) A person who holds an agreement under the Forest
Act must submit to the district manager a written
declaration if the person has fulfilled an obligation under
section 29 to establish a free growing stand.
(1.2) In prescribed circumstances, a person who holds
an agreement under the Forest Act must submit to the
district manager a written declaration if the person has fulfilled
an obligation referred to in subsection (1) (a), (b) or (c) to
deactivate a road. ,
(c) by repealing subsection (2) and
substituting the following:
(2) A declaration submitted by a person under
subsection (1) must
(a) be signed by
(i) the person, or
(ii) one or more individuals whom the person
authorizes to sign the declaration on the person's behalf,
(b) specify the date on which the declaration is
made, and
(c) specify any of the following things that are
relevant to the fulfillment of the obligation:
(i) cutblocks and roads;
(ii) operational plans;
(iii) permits. ,
(d) by adding the following subsection:
(2.1) A declaration under subsection (1.1) or (1.2)
must
(a) meet the requirements set out in subsection (2),
and
(b) be submitted by the prescribed date, if
any. ,
(e) by repealing subsection (3) and
substituting the following:
(3) Subject to subsections (4) to (6), on the date
that a written declaration under subsection (1), (1.1) or (1.2)
has been submitted, the person who submitted the declaration is
deemed to have fulfilled the obligation specified in the
declaration. , and
(f) in subsection (6) by striking out "A
person who submits a declaration under subsection (1) remains
responsible for fulfilling an obligation that under subsection
(1) (a) was specified as having been met" and
substituting "A person who submits a
declaration under this section remains responsible for
fulfilling an obligation that was specified under the
declaration as having been fulfilled".
78 Section 108 is amended
(a) by adding the following subsection:
(0.1) A person may apply to the minister, in
accordance with the regulations,
(a) for relief under subsection (1) if the person
has an obligation under this Act or an operational plan, other
than
(i) an obligation to establish a free growing
stand, or
(ii) a prescribed obligation, or
(b) for relief or funding under subsection (2) if
the person has an obligation to establish a free growing
stand. ,
(b) by repealing subsections (1) and (2) and
substituting the following:
(1) On application under subsection (0.1) (a) by a
person who has an obligation referred to in that subsection, the
minister must grant the relief described in subsection (3) if the
minister is satisfied that
(a) because of an event causing damage in an area,
the obligation cannot be met in the area without significant extra
expense than would have been the case if the damage had not
occurred, and
(b) any of the following applies:
(i) the person did not cause or contribute to the
cause of the damage;
(ii) the person exercised due diligence in
relation to the cause of the damage;
(iii) the person did contribute to the cause of
the damage but only as a result of an officially induced error.
(2) On application under subsection (0.1) (b) by a
person who has an obligation to establish a free growing stand,
the minister must grant one of the following if satisfied that the
criteria described in subsection (1) (a) and (b) are met:
(a) relief from the obligation, as described in
subsection (3);
(b) funding for establishing the free growing stand,
as described in subsection (4). ,
(c) in subsection (4) by striking out "The
funding for an obligation" and substituting "The
funding for establishing a free growing stand",
(d) by adding the following subsections:
(4.1) The minister, in granting relief under
subsection (2) (a) from an obligation to establish a free growing
stand, may impose a condition that the person pay to the
government the amount that would have been spent to establish the
free growing stand from the stage the stand had reached at the
time the damage occurred.
(4.2) The relief granted to a person under subsection
(2) (a) is revoked if the person does not pay an amount required
in a condition imposed under subsection (4.1).
(4.3) After granting funding to a person under
subsection (2) (b), the minister may grant relief to that person
from the obligation to establish the free growing stand if, as a
result of a change of circumstances or based on new information,
the minister is satisfied that the obligation cannot be met
without significant extra expense. ,
(e) in subsection (5) by striking out "subsection
(1) or (2)" and substituting "subsection
(0.1) (a) or (b)" and by striking out "referred
to in subsection (1) (d) or (2) (d)" and substituting "described in subsection (1) (b)",
(f) by repealing subsection (7), and
(g) by adding the following subsection:
(8) The minister may not under subsection (2) grant
relief from or funding for an obligation to establish a free
growing stand in an area of catastrophic damage if the relief or
funding is being sought in relation to the event that caused the
catastrophic damage.
79 The following sections are added to Division 1
of Part 7:
Government may fund
expense of deactivating road
108.1 Subject to the
regulations, the minister may grant funding for the purposes of
deactivating a road to a person who is subject to an order made
under section 23.2.
Areas of
catastrophic damage
108.2 (1) The minister
may, by order, designate an area of land as an area of
catastrophic damage if catastrophic damage has occurred on the
land as a result of either of the following events:
(a) wildfire;
(b) a prescribed natural event.
(2) The minister may do one or both of the following
in an order made under subsection (1):
(a) grant relief to a person or a class of persons
from an obligation under this Act or an operational plan to
establish a free growing stand in the area of catastrophic damage;
(b) impose conditions in relation to relief granted
under paragraph (a), including requiring payment to the government
for the amount that would have been spent to establish a free
growing stand from the stage the stand had reached at the time the
catastrophic damage occurred.
(3) The minister's discretion under subsection (2)
may be exercised differently for
(a) different persons or classes of persons, and
(b) different locations within an area of
catastrophic damage.
(4) The relief granted to a person in an order under
subsection (2) (a) is revoked if the person does not comply with a
condition imposed in the order under subsection (2) (b).
Relief and funding
for areas of catastrophic damage
108.3 (1) A person may
apply to the minister, in accordance with the regulations, for
relief under subsection (2) if the person has an obligation under
this Act or an operational plan to establish a free growing stand
in an area of catastrophic damage.
(2) On application under subsection (1) by a person
who has an obligation to establish a free growing stand, the
minister may grant to the person one of the following:
(a) relief from the obligation if the minister is
satisfied that it is not practicable for the person to complete
the obligation given the circumstances or conditions of the area
to which the obligation relates;
(b) funding for establishing the free growing stand,
but only to the extent that is required for the purposes of
restoring the stand of trees on the area of catastrophic damage
(i) to the stage the stand had reached at the
time the catastrophic damage occurred, or
(ii) to the stage that is consistent with an
agreement between the person and the minister.
(3) The minister, in granting relief under subsection
(2) (a), may impose a condition that the person pay to the
government the amount that would have been spent to establish the
free growing stand from the stage the stand had reached at the
time the catastrophic damage occurred.
(4) The relief granted to a person under subsection
(2) (a) is revoked if the person does not pay an amount required
in a condition imposed under subsection (3).
(5) After granting funding to a person under
subsection (2) (b), the minister may grant relief to that person
from the obligation to establish the free growing stand if, as a
result of a change of circumstances or based on new information,
the minister is satisfied that it is not practicable for the
person to complete the obligation given the circumstances or
conditions of the area to which the obligation relates.
Plans for areas of
catastrophic damage
108.4 (1) The minister
may establish a plan for reforesting an area of catastrophic
damage.
(2) If a person has an obligation under this Act or
an operational plan to establish a free growing stand at a
particular location in an area of catastrophic damage, the
minister may, after establishing a plan under subsection (1),
authorize the person to instead establish a free growing stand at
a different location in the area of catastrophic damage.
(3) The minister may not under subsection (2)
authorize a person to establish a free growing stand at a
different location, unless
(a) the plan under subsection (1) provides for
establishing the free growing stand at the different location,
(b) the cost of establishing the free growing stand
at the different location will be similar to the cost of
establishing the free growing stand required at the original
location, and
(c) the person agrees to establish the free growing
stand at the different location.
(4) If the minister authorizes a person to establish
a free growing stand at a different location under subsection (2)
and funding may be granted under section 108.3 (2) (b) to the
person to establish the free growing stand required at the
original location, the minister may grant that funding to the
person for the purposes of establishing the free growing stand at
the different location.
(5) If a person fails to establish a free growing
stand at a different location as authorized under subsection (2),
the person contravenes the obligation under the Act or operational
plan to establish the free growing stand at the original location.
Conditions in
relation to funding
108.5 (1) The minister
may impose conditions in relation to funding granted under section
108 (2) (b), 108.1, 108.3 (2) (b) or 108.4 (4), including the
following:
(a) providing that the funding will be paid in
instalments;
(b) specifying that one or more of the following
must happen before or after funding is paid:
(i) an event occur;
(ii) an action be taken;
(iii) a specific requirement or specific criteria
be met;
(c) requiring the person who is granted funding to
prepare and submit plans or reports;
(d) providing for a person designated by the
minister to
(i) carry out surveys, investigations or
analyses, or
(ii) perform audits.
(2) If the minister pays an amount of funding under
section 108 (2) (b), 108.1, 108.3 (2) (b) or 108.4 (4) to a person
subject to a condition under subsection (1) and the condition
is not met, the minister may commence a proceeding in a court of
competent jurisdiction to recover the amount from the person as a
debt due to government.
Payment of monies
into Silviculture Payments Sub-account
108.6 The following
money collected by the government must be paid into the
Silviculture Payments Sub-account of the Forest Stand Management
Fund special account established by the Special Accounts
Appropriation and Control Act:
(a) money paid to fulfill a condition imposed under
section 108 (4.1) or 108.3 (3);
(b) money paid to fulfill a condition imposed under
section 108.2 (2) (b) in an order made under section 108.2 (1).
80 The following section is added:
Complete and
accurate information
110.1 (1) A person who
submits information to the government for the purposes of seeking
approval by the minister in relation to a matter under this Act
must ensure that, at the time the information is submitted, the
information is complete and accurate.
(2) A person who is required under this Act to submit
information to the government must ensure that, at the time the
information is submitted, the information is complete and
accurate.
81 Section 112 (1) (a) and (b) and (2) is amended
by striking out "consent or approval"
and substituting "consent, approval or
authorization".
82 Section 118 (2) (d) is amended by striking out "a recreation site or a recreation trail"
and substituting "a recreation site, a
recreation trail or a trail-based recreation area".
83 Section 122 (1) (c) is amended by striking out "Parts 2 to 5" and substituting "Parts 1.1 to 5".
84 Section 148 is amended by striking out "recreation
sites and recreation trails" wherever it appears and
substituting "recreation sites,
recreation trails and trail-based recreation areas".
85 Section 149 (1) is amended by adding the
following paragraph:
(l) wildfires.
86 The following section is added:
Dispute resolution
– forest landscape plans
151.1 (1) The
Lieutenant Governor in Council may make regulations respecting the
resolution of disputes under sections 2.26 and 2.27 relating to
the preparation and establishment of forest landscape plans,
including, without limitation, regulations respecting the
following:
(a) the qualifications, powers and duties of
facilitators;
(b) the process for making referrals to a
facilitator, the management of referrals and the conduct of
dispute resolution facilitations;
(c) the time by which a facilitator must complete a
dispute resolution facilitation and provide a report under section
2.26 (5);
(d) the matters that a facilitator must consider in
making a report under section 2.26 (5);
(e) the time by which an alternative dispute
resolution process referred to in section 2.27 must be established
and completed.
(2) In subsection (1), "facilitator"
has the same meaning as in section 2.26 (1).
87 Section 153 (2) is amended by adding the
following paragraph:
(b.1) requiring woodlot licence plans or amendments
to woodlot licence plans to be made publicly available for review
and comment before the plan or amendment is submitted to the
minister for approval; .
88 Section 155 (1) is amended
(a) in paragraph (a) by striking out "forest
service roads and rights of way" and substituting "forest service roads, forest resource roads
and rights of way",
(b) in paragraph (b) by striking out "forest
service roads or rights of way" and substituting "forest
service roads, forest resource roads or rights of way",
(c) in paragraph (d) by striking out "deactivate
a road" and substituting "deactivate
a forest service road or road that is authorized under an
agreement under the Forest Act, including authorizing
the minister to make orders that transfer obligations to
maintain or deactivate a road", and
(d) by adding the following paragraphs:
(e) requirements for the holder of an agreement
under the Forest Act or a cutting permit to deactivate a
road authorized or constructed under the agreement or permit,
including but not limited to regulations requiring
(i) roads to be deactivated by a prescribed date,
or
(ii) plans or reports to be submitted;
(f) requirements for a person who uses a forest
service road to provide notice to the minister or a prescribed
person in relation to the person's use of the forest service road;
(g) authorizing a person to fell trees, on Crown
land in or adjacent to the right of way of a forest service road
or forest resource road, that are a danger to persons or property;
(h) the regulation of significant road work carried
out in relation to forest service roads.
89 Section 155 (1) is amended
(a) in paragraph (h) by adding "or
roads that are authorized under road permits" after "forest service roads", and
(b) by adding the following paragraphs:
(i) authorizing a person to do one or more of the
following in relation to a forest service road or forest resource
road:
(i) close the road;
(ii) restrict the use of the road;
(iii) remove property from the road, including
but not limited to removing vehicles or animals;
(j) requirements for the owner of property removed
from a road under a regulation made under paragraph (i) (iii) to
pay to a person who removed the property the costs of the removal.
90 Section 155 is amended by adding the following
subsection:
(3) For certainty, a regulation under subsection (1)
(e) may be made applicable to a road that was authorized or
constructed under an agreement or cutting permit before the date
on which the regulation comes into force.
91 Section 156 is repealed.
92 The following section is added:
Forest practices
156.1 (1) The
Lieutenant Governor in Council may make regulations respecting
forest practices, including but not limited to the following:
(a) regulating, restricting or prohibiting the
carrying out of forest practices;
(b) imposing requirements for managing and
conserving forest resources, range resources and resource
features;
(c) imposing requirements for managing the risk of
wildfire;
(d) requiring the holder of an operational plan to
comply with a provision of the operational plan;
(e) providing that a provision of an operational
plan referred to in paragraph (d) may be amended even if
(i) the plan has expired, or
(ii) the person to whom the provision applies no
longer holds the plan.
(2) The Lieutenant Governor in Council may make
regulations authorizing the minister to designate an area as a
wildland urban interface area.
93 Section 157 (2) (d) (ii) is amended by adding "a forest operations plan," before "a forest stewardship plan or a woodlot
licence plan".
94 The following section is added:
Relief and funding
162.1 For the purposes
of sections 108 and 108.3, the Lieutenant Governor in Council may
make regulations respecting any of the following:
(a) requirements for applications under section 108
(0.1) or 108.3 (1), including prescribing the period within which
an application under section 108 (0.1) or 108.3 (1) must be
submitted;
(b) authorizing a person to submit under section 108
(0.1) or 108.3 (1) an application submission plan pending the
submission of the application;
(c) specifying under section 108 (1) (a)
(i) what constitutes an event causing damage, or
(ii) when an event causing damage must be
considered to have occurred.
95 Section 167 is amended
(a) in subsection (2) by adding the following
paragraph:
(g) restricting the board's authority to carry out,
or prohibiting the board from carrying out, audits or
investigations referred to in section 122 in respect of a matter
that is the subject of a decision-making agreement. , and
(b) by adding the following subsection:
(3) In subsection (2) (g), "decision-making
agreement" has the same meaning as in section 2.5 (1).
96 The following section is added:
Minister's
regulations
168.1 (1) For the
purposes of section 5 (1) (b) (i.1), the minister may make
regulations as follows:
(a) prescribing areas;
(b) prescribing resources or features located in an
area prescribed under paragraph (a), including but not limited to
resources or features described in section 149 (1);
(c) prescribing objectives for resources or features
prescribed under paragraph (b).
(2) In making a regulation under subsection (1), the
minister may prescribe
(a) different resources and features for different
areas, and
(b) different objectives for different areas,
resources and features.
(3) If an objective prescribed under this section is
inconsistent with an objective set by government, the objective
set by government prevails.
97 Section 169 (4) (b) and (c) is amended by adding
"a forest operations plan," before
"a forest stewardship plan".
Part 3 – Forest
Practices Code of British Columbia Act Amendments
98 Section 198 (4) of the Forest Practices Code of
British Columbia Act, R.S.B.C. 1996, c. 159, is amended
(a) in paragraph (c) by striking out "persons,
places, things or transactions." and substituting "persons, places, matters, things,
transactions, circumstances or uses or occupations of land, or
for different classes of persons, places, matters, things,
transactions, circumstances or uses or occupations of land;",
and
(b) by adding the following paragraph:
(d) establish or define classes of persons, places,
matters, things, transactions, circumstances or uses or
occupations of land.
99 Section 200 is amended by adding the following
subsection:
(3) The Lieutenant Governor in Council may make
regulations respecting charges to be paid to the government by
holders of special use permits, including but not limited to
regulations
(a) establishing the amounts of charges or the
method of determining the amounts of charges, and
(b) requiring that charges be paid yearly or
otherwise.
100 Section 205 is amended
(a) by repealing subsection (2) and
substituting the following:
(2) Without limiting subsection (1), the Lieutenant
Governor in Council may make regulations respecting special use
permits, including but not limited to regulations respecting
(a) the issuance of special use permits,
(b) the deactivation of roads authorized under
special use permits, and the remediation of land that is the
subject of a special use permit, including regulations that
authorize the minister to make orders respecting deactivation and
remediation,
(c) the surrender, cancellation and suspension of
special use permits or rights granted under special use permits,
and
(d) obligations that remain outstanding under
special use permits that expire or are surrendered, suspended or
cancelled. , and
(b) by adding the following subsection:
(3) For certainty, a regulation made under subsection
(2) may be made applicable to special use permits issued before
the regulation comes into force.
Part 4 – Special
Accounts Appropriation and Control Act Amendments
101 Section 5 of the Special Accounts Appropriation
and Control Act, R.S.B.C. 1996, c. 436, is amended
(a) in subsection (1) (a) (i) by striking out "section 30" and substituting "section 30
or 108.6",
(b) by repealing subsection (2) (a) and
substituting the following:
(a) the Silviculture Payments Sub-account for a
purpose related to the following:
(i) to establish a free growing stand under
section 30 of the Forest and Range Practices Act;
(ii) to establish a free growing stand that was
required to be established under an obligation that is relieved
under section 108 (2) (a) of the Forest and Range
Practices Act;
(iii) to establish a free growing stand in an
area of catastrophic damage within the meaning of the Forest
and Range Practices Act;
(iv) to carry out a silviculture prescription
assumed under section 71 of the Forest Practices Code of
British Columbia Act before the repeal of that section;
(v) for expenses directly or indirectly related
to a purpose referred to in any of subparagraphs (i) to
(iv), , and
(c) in subsection (2) (b) (iii) by striking out
"the purposes in subparagraph (i)
or (ii)" and substituting "a
purpose referred to in subparagraph (i) or (ii)".
Part 5 – Transitional
Provisions and Consequential and Related Amendments
Division 1 –
Transitional Provisions
Forest and Range
Practices Act transition – significant road work previously
authorized for forest service roads
102 (1) Despite section
23.1 of the Forest and Range Practices Act, as enacted
by this Act, a person may conduct significant road work in
relation to a forest service road if, before the coming into force
of that section, a district manager, as defined in section 1 of
the Forest Act, authorized the person to carry out the
significant road work.
(2) In this section and section 103, "significant
road work" has the same meaning as in section 21.1 (1) of
the Forest and Range Practices Act, as enacted by this
Act.
Forest and Range
Practices Act transition – significant road work begun on
roads authorized under road permits
103 Despite section 23.1
(1.1) of the Forest and Range Practices Act, as enacted
by this Act, a person may conduct significant road work in
relation to a road authorized under a road permit if the
significant road work began before the coming into force of that
section.
Forest and Range
Practices Act transition – preparation of forest landscape
plan
104 Sections 2.24 to
2.27 of the Forest and Range Practices Act, as enacted
by this Act, do not apply in respect of the preparation of a
forest landscape plan if
(a) before the coming into force of this section,
the chief forester provided notice to the Indigenous nations
identified by the chief forester in relation to the forest
landscape plan of the chief forester's intent to prepare the
forest landscape plan, and
(b) the chief forester provides an opportunity for
the Indigenous nations referred to in paragraph (a) of this
subsection to participate in the preparation of the forest
landscape plan.
Forest and Range
Practices Act transition – preparation of forest landscape
plan to be established in accordance with decision-making
agreement
105 (1) Section 2.51 (4)
and (5) of the Forest and Range Practices Act, as
enacted by this Act, does not apply in respect of the preparation
of a forest landscape plan referred to in section 104 of this Act
to be established by an order made in accordance with a
decision-making agreement.
(2) In this section, "decision-making
agreement" has the same meaning as in section 2.5 (1) of
the Forest and Range Practices Act, as enacted by this
Act.
Division 2 –
Consequential and Related Amendments
Forest and Range Practices
Amendment Act, 2019
106 Section 12 (b) of the Forest and Range
Practices Amendment Act, 2019, S.B.C. 2019, c. 25, is amended
by repealing sections 19 (1) and (3) of the Forest and Range
Practices Act, as enacted by that section, and substituting the
following:
(1) If a forest stewardship plan or woodlot licence
plan applies to a portion of the permit area of a cutting permit
or road permit on the following date, the plan, as it read on that
date, continues to apply in relation to the activities carried out
under the permit in the portion despite any subsequent amendment,
replacement or expiration of the plan:
(a) unless paragraph (b) applies, the date on which
the permit is issued;
(b) if the portion was added to the permit area by
an amendment to the permit, the date on which the permit was
amended.
(3) If a forest stewardship plan applies to the
licence area of a timber sale licence on the date the licence is
advertised, the plan, as it read on that date, continues to apply
to the licence area despite any subsequent amendment, replacement
or expiration of the plan.
107 Section 33 (a) is repealed and the following
substituted:
(a) in subsection (3) (a) by striking out "15 (2)," and substituting "15
(1),",
(a.1) in subsection (3) (a) by striking out "32 (1), 38 (1), (2), (3), (4) or (5),"
and substituting "32, 38 (1), (2) or (3),", .
108 Section 33 (c) is repealed.
Land Title Act
109 Section 1 of the Land Title Act, R.S.B.C. 1996,
c. 250, is amended in the definition of "explanatory
plan" by repealing paragraph (b) and substituting the
following:
(b) is certified correct in accordance with the
records of the land title office
(i) by a British Columbia land surveyor, or
(ii) by the minister charged with the
administration of the Transportation Act; .
Muskwa-Kechika Management
Area Act
110 Section 8 (1) (a) of the Muskwa-Kechika
Management Area Act, S.B.C. 1998, c. 38, is amended by striking
out "a forest development plan or a
forest stewardship plan" and substituting "a
forest operations plan or a forest stewardship plan".
Commencement
111 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:
| Item |
Column 1
Provisions of Act |
Column 2
Commencement |
| 1 |
Anything not elsewhere covered by this table |
The date of Royal Assent |
| 2 |
Section 1 |
By regulation of the Lieutenant Governor in Council |
| 3 |
Sections 3 and 4 |
By regulation of the Lieutenant Governor in Council |
| 4 |
Sections 12 to 15 |
By regulation of the Lieutenant Governor in Council |
| 5 |
Section 18 |
By regulation of the Lieutenant Governor in Council |
| 6 |
Section 25 |
By regulation of the Lieutenant Governor in Council |
| 7 |
Section 28 |
By regulation of the Lieutenant Governor in Council |
| 8 |
Sections 30 and 31 |
By regulation of the Lieutenant Governor in Council |
| 9 |
Sections 33 to 44 |
By regulation of the Lieutenant Governor in Council |
| 10 |
Sections 46 and 47 |
By regulation of the Lieutenant Governor in Council |
| 11 |
Section 49 |
By regulation of the Lieutenant Governor in Council |
| 12 |
Section 51 |
By regulation of the Lieutenant Governor in Council |
| 13 |
Section 53 |
By regulation of the Lieutenant Governor in Council |
| 14 |
Section 57 |
By regulation of the Lieutenant Governor in Council |
| 15 |
Sections 60 to 70 |
By regulation of the Lieutenant Governor in Council |
| 16 |
Sections 72 to 79 |
By regulation of the Lieutenant Governor in Council |
| 17 |
Sections 82 to 87 |
By regulation of the Lieutenant Governor in Council |
| 18 |
Section 89 |
By regulation of the Lieutenant Governor in Council |
| 19 |
Sections 91 to 97 |
By regulation of the Lieutenant Governor in Council |
| 20 |
Section 101 |
By regulation of the Lieutenant Governor in Council |
| 21 |
Sections 103 to 105 |
By regulation of the Lieutenant Governor in Council |
| 22 |
Section 108 |
By regulation of the Lieutenant Governor in Council |
| 23 |
Section 110 |
By regulation of the Lieutenant Governor in Council |
Explanatory Notes
SECTION 1: [Forest Act, section 1]
adds definitions of "forest landscape area" and "forest operations
plan".
SECTION 2: [Forest Act, section 1]
amends the definition of "forest service road".
SECTION 3: [Forest Act, section 20] is
consequential to the amendments made by this Bill to the Act.
SECTION 4: [Forest Act, section 22.5]
limits the authority of a timber sales manager to invite
applications for or enter into timber sale licences unless certain
criteria are met.
SECTION 5: [Forest Act, section 54]
provides that a road permit may be disposed of only to a person
who may be granted a road permit under the Act.
SECTION 6: [Forest Act, section 54.01]
- authorizes the minister, in approving a disposition of an
agreement, to attach conditions in relation to a road permit
associated with the agreement;
- updates language for consistency with amendments made by this
Bill to the Act.
SECTION 7: [Forest Act, section 54.4]
repeals a restriction that limits the circumstances in which a
road permit may be disposed of by the holder to another person.
SECTION 8: [Forest Act, section 54.61]
- authorizes the minister to suspend a road permit if a
condition relating to the road permit attached to an approval of
a disposition is not met;
- updates language for consistency with amendments made by this
Bill to the Act.
SECTION 9: [Forest Act, section 58.2]
repeals the authority of the minister to extend the terms of
cutting permits that were in effect on November 4, 2003.
SECTION 10: [Forest Act, section 58.201]
provides that, in relation to a cutting permit that was in effect
on November 4, 2003 and remains in effect on the date the section
comes into force,
- the term of the permit must not be extended and expires one
year after the date on which the section comes into force, and
- the operation of the permit may not be postponed.
SECTION 11: [Forest Act, section 77]
authorizes the minister, on cancelling a road permit, to specify
the date by which a road authorized under the permit must be
deactivated.
SECTION 12: [Forest Act, section 81.11]
restricts a permit issuer from approving an application for a
cutting permit or a road permit to construct a road if
- the applicant does not hold a forest operations plan required
under the Forest and Range Practices Act, or
- the locations of the cutblocks under the cutting permit or
roads under the road permit, as applicable, are inconsistent
with the locations of proposed cutblocks or proposed roads shown
in the applicant's forest operations plan.
SECTION 13: [Forest Act, section 81.2]
is consequential to the amendments made by this Bill to the Act
and the Forest and Range Practices Act.
SECTION 14: [Forest Act, section 81.3]
clarifies how sections 81.11 and 81.2 apply to applications for
cutting permits and road permits if only a portion of the area
that will be subject to the permit is inside a forest landscape
area.
SECTIONS 15 AND 16: [Forest Act, section 115]
are consequential to the amendments made by this Bill to the Act
and the Forest and Range Practices Act.
SECTION 17: [Forest Act, section 117]
adds a definition of "natural resource development purpose" and
provides for the granting of road use permits to persons who wish
to use a forest services road for natural resource development
purposes.
SECTION 18: [Forest Act, section 117] is
consequential to the amendments made by this Bill to the Forest
and Range Practices Act.
SECTION 19: [Forest Act, section 118]
- removes a requirement that a road permit must authorize the
holder to manage and use certain Crown land for pits and
quarries;
- provides that a road permit may authorize the holder to manage
and use certain Crown land for pits and quarries;
- provides that a road permit may specify the date by which a
road must be deactivated;
- clarifies that additional terms and conditions may be included
in a road permit.
SECTION 20: [Forest Act, section 118.1]
requires a road authorized under a road permit to be deactivated
by a certain date.
SECTION 21: [Forest Act, section 119]
clarifies that additional terms and conditions may be included in
a road use permit.
SECTION 22: [Forest Act, section 120.1]
authorizes the minister to declare certain roads as forest service
roads.
SECTION 23: [Forest Act, section 121]
provides that land may be dedicated to the government for use as a
road by depositing a reference plan or explanatory plan in the
land title office.
SECTIONS 24 TO 26: [Forest Act, section 151]
add and repeal regulation-making powers consequential to the
amendments made by this Bill to the Act.
SECTION 27: [Forest Act, section 151.8]
corrects a section reference.
SECTION 28: [Forest Act, section 163]
establishes an offence for contravening section 118.1 (2) of
the Act, as added by this Bill.
SECTION 29: [Forest Act, section 167.3]
authorizes the minister to order a person who contravenes section
118.1 of the Act, as added by this Bill, to do work reasonably
necessary to remedy the contravention.
SECTION 30: [Forest and Range Practices Act, section
1]
- adds definitions of "area of catastrophic damage", "forest
landscape area", "forest landscape plan", "forest operations
area", "ministry website", "planning guideline" and "trail-based
recreation area";
- amends the definition of "operational plan";
- repeals and replaces portions of the definition of "wildlife"
to italicize Latin terms.
SECTION 31: [Forest and Range Practices Act, section
2.01] adds interpretation provisions relating to
forest landscape plans, forest operations plans and planning
guidelines.
SECTION 32: [Forest and Range Practices Act, section
2.1] makes a housekeeping amendment.
SECTION 33: [Forest and Range Practices Act, Part
1.1]
- provides for the establishment by the chief forester of forest
landscape plans;
- requires consultation and cooperation with Indigenous peoples
whose rights could be affected by the establishment of a forest
landscape plan;
- provides for the participation of Indigenous governing bodies
in the preparation of forest landscape plans, for public review
and comment and for the resolution of disputes with Indigenous
governing bodies;
- sets out requirements for the contents of forest landscape
plans;
- sets out requirements for keeping records and preparing
reports in relation to forest landscape plans;
- authorizes the chief forester to include planning guidelines
in forest landscape plans;
- authorizes the chief forester to require certain persons to
submit plans, studies, analyses or information for the purposes
of the chief forester preparing a forest landscape plan or
report related to a forest landscape plan;
- restricts certain persons from harvesting timber and
constructing roads, and from applying for cutting permits to
harvest timber or road permits to construct roads, on land
inside a forest landscape area unless the person holds an
approved forest operations plan;
- sets out requirements for engagement with Indigenous nations
and for public review and comment before a forest operations
plan or amendment is submitted to the minister for approval;
- sets out requirements for the content of forest operations
plans;
- restricts the minister from approving a forest operations plan
or amendment unless certain requirements relating to engagement
with Indigenous nations and public review and comment are met;
- limits the authority of the minister to approve a forest
operations plan or amendment that is inconsistent with a forest
landscape plan;
- sets out requirements for preparing forest development
schedules and site level plans.
SECTION 34: [Forest and Range Practices Act,
Division 5 of Part 1.1] provides for the
exercise of certain powers in accordance with a decision-making
agreement made under section 7 of the Declaration on the
Rights of Indigenous Peoples Act.
SECTION 35: [Forest and Range Practices Act, section
3]
- restricts certain persons from harvesting timber and
constructing roads, and from applying for cutting permits to
harvest timber or road permits to construct roads, on land
outside a forest landscape area unless the person holds an
approved forest stewardship plan;
- is consequential to the amendments made by this Bill to the
Act.
SECTION 36: [Forest and Range Practices Act, section
4] is consequential to the amendments made by
this Bill to the Act.
SECTION 37: [Forest and Range Practices Act, section
5] requires a forest stewardship plan to conform
with objectives prescribed by the minister.
SECTION 38: [Forest and Range Practices Act, section
11] repeals the section consequential to the
amendments made by this Bill to the Act.
SECTION 39: [Forest and Range Practices Act, section
12]
- restricts a person who holds a woodlot licence from applying
for a cutting permit or road permit to construct a road unless
the person holds an approved woodlot licence plan;
- is consequential to the amendments made by this Bill to the
Act.
SECTION 40: [Forest and Range Practices Act, section
16]
- restricts the minister from approving a forest stewardship
plan unless certain requirements relating to engagement with
Indigenous nations and public review and comment are met;
- restricts the minister from approving a forest stewardship
plan or amendment if a portion of a forest development unit
included in the plan would be within the forest landscape area;
- is consequential to the amendments made by this Bill to the
Act.
SECTION 41: [Forest and Range Practices Act, section
18] sets out requirements for engagement with
Indigenous nations and for public review and comment before a
forest stewardship plan is submitted to the minister for approval.
SECTION 42: [Forest and Range Practices Act,
sections 19 and 20.1] is consequential to the
amendments made by this Bill to the Act.
SECTION 43: [Forest and Range Practices Act, Part
2.1]
- requires the holder of a forest operations plan to comply with
the requirements and other provisions in the plan, even after
the plan expires or after the person is removed as a holder of
the plan;
- replaces Division 1 of Part 3;
- provides that a forest operations plan, forest stewardship
plan or woodlot licence plan that applied to a portion of the
permit area of a cutting permit or road permit continues to
apply to activities carried out under the permit in the portion
despite subsequent changes to the plan;
- provides that a forest stewardship plan that was in effect
when a timber sale licence was advertised continues to apply to
the area of land subject to the licence despite subsequent
changes to the plan;
- provides that the requirements under sections 2.39, 8 and 15
to propose and submit an amendment to a forest stewardship plan
or woodlot licence plan, as applicable, do not apply to a
portion of land if
- the portion is subject to a cutting permit, road permit or
timber sale licence,
- certain roads are or have been constructed over the
portion, or
- the portion conforms to prescribed criteria;
- requires the holders of certain plans to make the plans
publicly available;
- confirms that approval by the minister is required to add or
remove persons as parties to forest operations plans, forest
stewardship plans or woodlot licence plans.
SECTION 44: [Forest and Range Practices Act,
Division 1 of Part 3] is consequential to the
amendments made by this Bill to the Act.
SECTION 45: [Forest and Range Practices Act, section
21.1] adds definitions for the purposes of
Division 2 of Part 3 of the Act.
SECTION 46: [Forest and Range Practices Act, section
21.1] amends the definition of "significant road
work" added by this Bill to section 21.1 of the Act.
SECTION 47: [Forest and Range Practices Act, section
21.2]
- provides that the obligations and prohibitions under Division
2 of Part 3 of the Act do not apply to the government,
except as provided by the regulations;
- provides that a provision under the Act prevails in the event
of conflict or inconsistency with a provision under the Industrial
Roads Act.
SECTION 48: [Forest and Range Practices Act, section
22] is consequential to the addition by this
Bill of the definition of "forest resource road" to
section 21.1 of the Act.
SECTION 49: [Forest and Range Practices Act, section
22] is consequential to the amendments made by
this Bill to the Act.
SECTION 50: [Forest and Range Practices Act,
sections 22.1 to 22.12]
- repeals and replaces section 22.1 to improve clarity;
- changes terminology to be consistent with other provisions in
the Act.
SECTION 51: [Forest and Range Practices Act, section
22.11] is consequential to the amendments made
by this Bill to the Act.
SECTION 52: [Forest and Range Practices Act, section
22.2]
- changes terminology to be consistent with other provisions in
the Act;
- is consequential to the amendments made by this Bill to the
Act.
SECTION 53: [Forest and Range Practices Act, section
22.2]
- removes a reference to the Industrial Roads Act;
- is consequential to the addition by this Bill of section 155
(1) (g) and (h) to the Act.
SECTION 54: [Forest and Range Practices Act, section
22.3] authorizes the minister to require
payment from users of prescribed forest service roads for
maintenance of the roads.
SECTION 55: [Forest and Range Practices Act, section
23] repeals the section consequential to the
addition by this Bill of section 23.1 to the Act.
SECTION 56: [Forest and Range Practices Act, section
23.1]
- prohibits persons from carrying out significant road work in
relation to a forest service road;
- provides authority for the minister to authorize a person to
carry out significant road work in relation to a forest service
road.
SECTION 57: [Forest and Range Practices Act, section
23.1]
- prohibits persons from carrying out significant road work in
relation to a road authorized under a road permit;
- provides authority for the minister to authorize a person to
carry out significant road work in relation to a road authorized
under a road permit.
SECTION 58: [Forest and Range Practices Act,
sections 23.2 and 23.3]
- authorizes the minister to require the holder of an agreement
under the Forest Act to deactivate a road;
- authorizes the minister to exempt the holder of an agreement
under the Forest Act from a requirement to deactivate
a road.
SECTION 59: [Forest and Range Practices Act, section
24] provides that section 42 of the Transportation
Act does not apply to public money spent on certain roads.
SECTIONS 60 AND 61: [Forest and Range Practices Act,
sections 26 and 27] are consequential to the
amendments made by this Bill to the Act.
SECTION 62: [Forest and Range Practices Act, section
29]
- requires persons who harvest timber under forest operations
plans to establish free growing stands for net areas to be
reforested;
- is consequential to the amendments made by this Bill to the
Act.
SECTION 63: [Forest and Range Practices Act, section
31.1] authorizes the chief forester to make
orders requiring the holders of forest stewardship plans to comply
with stocking standards set out in the order.
SECTION 64: [Forest and Range Practices Act, section
56]
- removes a restriction on the minister establishing an
interpretive forest site, recreation site or recreation trail on
Crown land that is subject to another enactment;
- authorizes the minister to establish a trail-based recreation
area on Crown land.
SECTION 65: [Forest and Range Practices Act, section
58] is consequential to the amendments made by
this Bill to the Act.
SECTION 66: [Forest and Range Practices Act, section
71] clarifies that, in a determination by the
minister of whether a person has contravened a provision of the
Act, it is sufficient proof that the provision was contravened by
the person's contractor, employee or agent, even if the
contractor, employee or agent has not been identified or made
subject to a determination.
SECTION 67: [Forest and Range Practices Act, section
72] replaces an expression to improve clarity.
SECTION 68: [Forest and Range Practices Act, section
77.1] authorizes the minister to vary or suspend
plans, practices, permits or agreements if, based on information
not previously known, a forest practice or range practice
adversely affects or is likely to adversely affect an aboriginal
right or title.
SECTION 69: [Forest and Range Practices Act,
sections 79 to 81] provides that the minister
may correct an error made in a determination made under
section 2.39 (1), as added by this Bill to the Act, within 15
days of the determination, and that the person who is subject to
the determination or the Forest Practices Board may request a
review.
SECTION 70: [Forest and Range Practices Act, section
80] provides that a person who is subject to a
determination under section 108.3 (2), as added by this Bill to
the Act, may request a review of the determination.
SECTION 71: [Forest and Range Practices Act, section
87] is consequential to the amendments made by
this Bill to the Act.
SECTION 72: [Forest and Range Practices Act, section
87]
- increases the penalties for contravening section 16 (5), 22.1
(1), 23 (1), 53 (1) or (2), 55 (b) or (c), 57 (1) or (3), 58 (4)
or 70 of the Act;
- establishes an offence for contravening section 23.1 (1) of
the Act, as added by this Bill.
SECTION 73: [Forest and Range Practices Act, section
87] establishes an offence for contravening
section 23.1 (1.1) of the Act, as added by this Bill.
SECTION 74: [Forest and Range Practices Act, section
87]
- establishes offences for contravening section 20.21 (1), 20.22
(1) or 29 (0.1) of the Act, as added by this Bill;
- is consequential to the amendments made by this Bill to the
Act.
SECTION 75: [Forest and Range Practices Act, section
97] is consequential to the amendments made by
this Bill to the Act.
SECTION 76: [Forest and Range Practices Act,
Division 6 of Part 6] authorizes the minister to
disclose certain information with respect to a person who is
convicted of an offence, has paid or is liable to pay an
administrative penalty, or is subject to another sanction under a
provision of the Act, the Forest Act or the Range
Act or a regulation made under any of those Acts.
SECTION 77: [Forest and Range Practices Act, section
107] requires a person to submit a written
declaration to the district manager if the person fulfills an
obligation under section 29 to establish a free growing stand or,
in prescribed circumstances, if the person fulfills an obligation
to deactivate a road.
SECTION 78: [Forest and Range Practices Act, section
108]
- provides that a person may apply to the minister for relief
from an obligation or for funding to establish a free growing
stand;
- authorizes the minister, in granting relief to a person from
an obligation to establish a free growing stand, to require the
person to pay certain amounts to the government;
- authorizes the minister to grant relief to a person from an
obligation to establish a free growing stand if the person has
been granted funding for the purposes of establishing the free
growing stand and the minister subsequently determines that the
obligation cannot be met without significant extra expense.
SECTION 79: [Forest and Range Practices Act,
sections 108.1 to 108.6]
- authorizes the minister to grant funding for the purposes of
deactivating a road to a person who is subject to an order made
under section 23.2, as added by this Bill to the Act;
- authorizes the minister to make orders establishing areas of
catastrophic damage;
- authorizes the minister to do the following in relation to an
area of catastrophic damage:
- grant relief to a person from an obligation to establish a
free growing stand or funding to a person to establish a
free growing stand;
- in granting relief to a person from an obligation to
establish a free growing stand, impose conditions, including
requiring the person to pay certain amounts to the
government;
- grant relief to a person from an obligation to establish a
free growing stand if the person has been granted funding
for the purposes of establishing the free growing stand and
the minister subsequently determines that it is not
practicable for the person to fulfill the obligation;
- impose conditions in granting relief to a person from an
obligation to establish a free growing stand, including
requiring the person to pay certain amounts to the
government;
- establish a plan for reforesting the area of catastrophic
damage;
- authorize a person who has an obligation to establish a
free growing stand in a particular location in the area of
catastrophic damage to instead establish the stand at a
different location in the area;
- authorizes the minister to impose conditions in relation to
funding granted under section 108 (2) (b) and sections 108.1,
108.3 (2) (b) and 108.4 (4), as added by this Bill to the
Act;
- requires that certain amounts collected by government be paid
into the Silviculture Payments Sub-account of the Forest Stand
Management Fund under the Special Accounts Appropriation
and Control Act.
SECTION 80: [Forest and Range Practices Act, section
110.1] requires a person who submits information
to the government in certain circumstances to ensure that the
information is complete and accurate at the time the information
is submitted.
SECTION 81: [Forest and Range Practices Act, section
112] clarifies that a person with discretion to
grant an approval under the Act may impose conditions in respect
of the approval.
SECTION 82: [Forest and Range Practices Act, section
118] authorizes an official designated by the
minister to enter into agreements with persons to develop, expand,
maintain, repair or close trail-based recreation areas.
SECTION 83: [Forest and Range Practices Act, section
122] authorizes the Forest Practices Board to
carry out independent audits and special investigations to
determine compliance with the Part 1.1 and with the regulations
and standards made in relation to Part 1.1.
SECTION 84: [Forest and Range Practices Act, section
148] is consequential to the amendments made by
this Bill to the Act.
SECTION 85: [Forest and Range Practices Act, section
149] authorizes the Lieutenant Governor in
Council to prescribe objectives in relation to wildfires.
SECTION 86: [Forest and Range Practices Act, section
151] authorizes the Lieutenant Governor in
Council to make regulations respecting the resolution of disputes
with Indigenous governing bodies relating to the preparation and
establishment of forest landscape plans.
SECTION 87: [Forest and Range Practices Act, section
153] authorizes the Lieutenant Governor in
Council to make regulations requiring that woodlot licence plans
be made publicly available for review and comment.
SECTIONS 88 TO 90: [Forest and Range Practices Act,
section 155] expand the authority of the
Lieutenant Governor in Council to make regulations in relation to
roads.
SECTION 91: [Forest and Range Practices Act, section
156] repeals the section consequential to the
addition of section 156.1, as added by this Bill to the Act.
SECTION 92: [Forest and Range Practices Act, section
156.1] authorizes the Lieutenant Governor in
Council to make regulations respecting forest practices.
SECTION 93: [Forest and Range Practices Act, section
157] is consequential to the amendments made by
this Bill to the Act.
SECTION 94: [Forest and Range Practices Act, section
162.1] authorizes the Lieutenant Governor in
Council to make regulations for the purposes of section 108 and
section 108.3, as added by this Bill to the Act.
SECTION 95: [Forest and Range Practices Act, section
167] adds regulation-making powers to restrict
the authority of the Forest Practices Board to carry out, or
prohibit the Forest Practices Board from carrying out, audits or
investigations to determine compliance with Part 1.1 in respect of
a matter that is the subject of a decision-making agreement with
an Indigenous governing body.
SECTION 96: [Forest and Range Practices Act, section
168.1] adds regulation-making powers
consequential to the amendments made by this Bill to the Act.
SECTION 97: [Forest and Range Practices Act, section
169] is consequential to the amendments made by
this Bill to the Act.
SECTION 98: [Forest Practices Code of British
Columbia Act, section 198] adds
regulation-making authority to discriminate based on matters or
uses or occupations of land.
SECTION 99: [Forest Practices Code of British
Columbia Act, section 200] adds
regulation-making authority respecting the payment of charges by
holders of permits.
SECTION 100: [Forest Practices Code of British
Columbia Act, section 205] adds
regulation-making authority respecting
- the deactivation of roads and remediation of land, and
- the surrender, cancellation or suspension of permits.
SECTION 101: [Special Accounts Appropriation and
Control Act, section 5] requires that certain
amounts be paid into the Silviculture Payments Sub-account of the
Forest Stand Management Fund and authorizes expending amounts from
the Silviculture Payments Sub-account for certain purposes.
SECTION 102: [Forest and Range Practices Act
transition – significant road work previously authorized for
forest service roads] provides that section
23.1 of the Forest and Range Practices Act does not
apply in respect of significant road work if a district manager
authorized the person to carry out the significant road work
before the coming into force of that section.
SECTION 103: [Forest and Range Practices Act
transition – significant road work begun on roads authorized
under road permits] provides that section 23.1
(1.1) of the Forest and Range Practices Act does not
apply in respect of significant road work if the significant road
work began before the coming into force of that section.
SECTION 104: [Forest and Range Practices Act
transition – preparation of forest landscape plan] provides
that sections 2.24 to 2.27 of the Forest and Range Practices
Act do not apply in respect of the preparation and
establishment of a forest landscape plan if Indigenous nations
were notified and given an opportunity to participate in the
preparation of the plan before the coming into force of that
section.
SECTION 105: [Forest and Range Practices Act
transition – preparation of forest landscape plan to be
established in accordance with decision-making agreement]
provides that sections 2.51 (4) and (5) of the Forest and
Range Practices Act do not apply in respect of the
preparation and establishment of a forest landscape plan that is
the subject of a decision-making agreement if Indigenous nations
were notified and given an opportunity to participate in the
preparation of the plan before the coming into force of that
section.
SECTIONS 106 AND 107: [Forest and Range Practices
Amendment Act, 2019, sections 12 and 33] update
provisions for consistency with amendments made by this Bill to
the Forest and Range Practices Act.
SECTION 108: [Forest and Range Practices Amendment
Act, 2019, section 33] repeals an offence for
contravening section 45 (3) of the Forest and Range Practices
Act.
SECTION 109: [Land Title Act, section 1] is
consequential to the amendments made by this Bill to the Forest
Act.
SECTION 110: [Muskwa-Kechika Management Area Act,
section 8] is consequential to the amendments
made by this Bill to the Forest and Range Practices Act.
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