BILL 21 – 2019
FOREST AND RANGE PRACTICES
AMENDMENT ACT, 2019

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

1 Section 1 (1) of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is amended

(a) by adding the following definition:

"ecological community" means a group of different species occupying a particular area; ,

(b) in the definition of "operational plan" by striking out "woodlot licence plan, range use plan or range stewardship plan" and substituting "woodlot licence plan or range use plan",

(c) in paragraph (c) of the definition of "range development" by striking out "or a range stewardship plan", and

(d) by repealing paragraph (d) of the definition of "range development" and substituting the following:

(d) an enhancement to forage quality or quantity that results from a prescribed activity; .

2 Section 1 (1) is amended by repealing paragraph (a) of the definition of "wildlife" and substituting the following:

(a) vertebrates, other than fish, that are wildlife within the meaning of the Wildlife Act, .

3 Section 6 is amended

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

(2) Despite subsection (1), when the term of a replacement forest stewardship plan begins, the forest stewardship plan that is being replaced ceases to apply to the area that is subject to the replacement forest stewardship plan. , and

(b) by repealing subsection (3).

4 The following section is added:

Extension of forest stewardship plan

6.1  (1) In this section, "original expiry date", in relation to a forest stewardship plan, means the date on which the term of the plan would expire if no extension is made under this section.

(2) Subject to subsections (3) and (4), the minister, by giving written notice to the holder of a forest stewardship plan, may extend the term of the plan as follows:

(a) for a period of 6 months or less on one or more occasions if the minister considers that the holder is unable to submit a replacement forest stewardship plan for approval because of circumstances that are

(i) beyond the holder's control, and

(ii) unrelated to the holder's financial situation;

(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 stewardship plan.

(3) The minister may not extend the term of a forest stewardship plan

(a) under subsection (2) (a) unless the holder of the plan applied for an extension at least 6 months prior to the plan's original expiry date, or

(b) under subsection (2) (b) unless

(i) the holder of the plan submitted the replacement forest stewardship plan to the minister for approval at least 6 months prior to the plan's original expiry date, or

(ii) the term of the plan has been extended under subsection (2) (a).

(4) The term of a forest stewardship plan may not be extended under subsection (2) to a date later than 2 years after the plan's original expiry date.

(5) In prescribed circumstances, the minister, by giving written notice to the holder of a forest stewardship plan, may extend the term of the plan for a prescribed period on one or more occasions provided that the term is not extended to a date later than either of the following:

(a) 3 years after the plan's original expiry date, unless paragraph (b) applies;

(b) a prescribed date, if any, that is earlier than 3 years after the plan's original expiry date.

(6) The term of a forest stewardship plan may be extended under subsection (2) or (5) before or after the plan expires.

(7) If the term of a forest stewardship plan is extended, the plan may include changes to the extent authorized by regulation.

(8) Section 8 does not apply to a forest stewardship plan if the term of the plan has been extended.

5 Section 7 is repealed.

6 Section 8 is repealed and the following substituted:

Mandatory amendments

8  (1) The holder of a forest stewardship plan must propose and submit, for approval by the minister and in accordance with this section, an amendment to the plan if any of the following apply:

(a) a forest development unit included in the plan is affected by any of the following events:

(i) an amendment to this Act, the regulations or a prescribed enactment;

(ii) the establishment, variation or cancellation of an objective set by government or, if specified by regulation, another objective that is established under this Act;

(b) the holder is required by either of the following to propose and submit an amendment to the plan:

(i) the regulations;

(ii) an order made under subsection (2).

(2) The minister may order the holder of a forest stewardship plan to propose and submit for approval an amendment to the plan if the minister considers that timber in or within the vicinity of a forest development unit included in the plan has suffered catastrophic damage.

(3) An amendment required under this section must address the following, as applicable:

(a) an event referred to in subsection (1) (a);

(b) a regulation referred to in subsection (1) (b);

(c) a minister's order referred to in subsection (2).

(4) 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 of the event referred to in that subsection, and

(ii) the period, if any, specified in the enactment or objective that relates to the event;

(b) in the case of a plan amendment required by a regulation referred to in subsection (1) (b) (i), a period of 6 months or longer specified in the regulation;

(c) in the case of a plan amendment required by an order referred to in subsection (2), the longer of

(i) 6 months from the date the order is made, and

(ii) the period, if any, specified in the order.

7 Section 14 is amended

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

(2) Despite subsection (1), when the term of a replacement woodlot licence plan begins, the woodlot licence plan that is being replaced ceases to apply to the area that is subject to the replacement woodlot licence plan. , and

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

8 The following section is added:

Extension of woodlot licence plan

14.1  (1) In this section, "original expiry date", in relation to a woodlot licence plan, means the date on which the term of the plan would expire if no extension is made under this section.

(2) Subject to subsections (3) and (4), the minister, by giving written notice to the holder of a woodlot licence plan, may extend the term of the plan for a period of 2 years or less on one or more occasions if the minister considers that

(a) the holder is unable to submit a replacement woodlot licence plan for approval because of circumstances that are

(i) beyond the holder's control, and

(ii) unrelated to the holder's financial situation, or

(b) the government, before the plan expires, is unlikely to complete consultations with Indigenous nations in relation to a replacement woodlot licence plan.

(3) The minister may not extend the term of a woodlot licence plan

(a) under subsection (2) (a) unless the holder of the plan applied for an extension at least 6 months prior to the plan's original expiry date, or

(b) under subsection (2) (b) unless

(i) the holder of the plan submitted the replacement woodlot licence plan to the minister for approval at least 6 months prior to the plan's original expiry date, or

(ii) the term of the plan has been extended under subsection (2) (a).

(4) The term of a woodlot licence plan may not be extended under subsection (2) to a date later than 2 years after the plan's original expiry date.

(5) In prescribed circumstances, the minister, by giving written notice to the holder of a woodlot licence plan, may extend the term of the plan for a prescribed period on one or more occasions provided that the term is not extended to a date later than either the following:

(a) 3 years after the plan's original expiry date, unless paragraph (b) applies;

(b) a prescribed date, if any, that is earlier than 3 years after the plan's original expiry date.

(6) The term of a woodlot licence plan may be extended under subsection (2) or (5) before or after the plan expires.

(7) If the term of a woodlot licence plan is extended, the plan may include changes to the extent authorized by regulation.

(8) Section 15 does not apply to a woodlot licence plan if the term of the plan has been extended.

9 Section 15 is repealed and the following substituted:

Mandatory amendments

15  (1) The holder of a woodlot licence plan must propose and submit, for approval by the minister and in accordance with this section, an amendment to the plan if any of the following apply:

(a) an area under the plan is affected by either of the following events:

(i) an amendment to this Act, the regulations or a prescribed enactment;

(ii) the establishment, variation or cancellation of an objective set by government or, if specified by regulation, another objective that is established under this Act;

(b) the holder is required by the regulations to propose and submit an amendment to the plan.

(2) An amendment required under this section must address the following, as applicable:

(a) an event 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) one year from the date of the event referred to in that subsection, and

(ii) the period, if any, specified in the enactment or objective that relates to the event;

(b) in the case of a plan amendment required by a regulation referred to in subsection (1) (b), a period of one year or longer specified in the regulation.

10 The following Division is added to Part 2:

Division 3.1 – Forest Operations Map

Publication of forest operations maps by
forest stewardship plan holders

15.1  (1) Subject to subsection (4) of this section and section 15.3, the holder of a forest stewardship plan may apply for a cutting permit or a road permit to construct a road only if the requirements under subsections (2) and (3) have been met.

(2) Before applying for a cutting permit or a road permit to construct a road, the holder of a forest stewardship plan must do all of the following:

(a) prepare a forest operations map that

(i) shows, as applicable, the approximate location of the cutblock that is to be harvested or the proposed road that is to be constructed under the permit, and

(ii) conforms to prescribed requirements;

(b) make the forest operations map publicly available, in accordance with the regulations, for review and comment;

(c) prepare and submit to the government, in accordance with the regulations, a report on the public review and any comments made under paragraph (b).

(3) If the holder of a forest stewardship plan intends to rely on a forest operations map under subsection (2) for the purposes of applying for a cutting permit or road permit, the holder must apply for the cutting permit or road permit, as applicable, within the longer of the following periods after making the forest operations map publicly available under subsection (2) (b):

(a) 2 years;

(b) a prescribed period, if any.

(4) Subsections (1) to (3) do not apply to an application for a cutting permit or road permit if timber is to be harvested under the cutting permit or roads are to be constructed under the road permit, as applicable, only for the following purposes:

(a) a purpose set out in section 4 (1) (a) to (c) or (d) (ii);

(b) a prescribed purpose.

Publication of forest operations maps by
timber sales managers

15.2  (1) In this section, "operating period" means a period in a series of consecutive periods that is the longer of the following:

(a) 2 years;

(b) a prescribed period, if any.

(2) Subject to section 15.3, a timber sales manager must do the following before the start of each operating period:

(a) prepare a forest operations map that

(i) shows the approximate locations of cutblocks that are to be harvested under timber sale licences for which the timber sales manager intends to invite applications during the operating period,

(ii) shows the approximate locations of roads that the timber sales manager intends to construct during the operating period in order to access timber to be harvested under timber sale licences, and

(iii) conforms to prescribed requirements;

(b) make the forest operations map publicly available, in accordance with the regulations, for review and comment.

(3) Nothing in this section is intended to limit the authority of a timber sales manager

(a) to invite applications for or issue a timber sale licence, or

(b) to construct a road.

Exemption from requirement to publish a
forest operations map

15.3  The minister, in writing, may exempt a person from section 15.1 or 15.2 if the minister considers that timber should be harvested without delay because the timber is in danger of being

(a) damaged,

(b) significantly reduced in value, or

(c) lost or destroyed.

11 Section 16 (1.01), (1.2), (4) and (5) is repealed.

12 Section 19 is amended

(a) by adding the following subsection:

(0.1) In this section:

"amendment" includes an amendment to a forest stewardship plan or woodlot licence plan to remove a holder as a party to a plan;

"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. , and

(b) by repealing subsections (1) to (3) and substituting the following:

(1) During the term of a cutting permit or road permit, the forest stewardship plan or woodlot licence plan that applies to the permit area on the date the permit is issued continues to apply to the permit area despite any subsequent

(a) extension, amendment, replacement or expiration of the forest stewardship plan or woodlot licence plan, or

(b) refusal to extend, amend or replace the forest stewardship plan or woodlot licence plan.

(2) The requirements under sections 8 and 15 to propose and submit amendments to a forest stewardship plan or woodlot licence plan, as applicable, do not apply to a portion of an area of the plan 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 subsection (4) is or has been constructed over the portion, or

(c) the portion conforms to prescribed criteria.

(3) During the term of a timber sale licence, the forest stewardship plan that applies to the licence area on the date the timber sale licence is advertised continues to apply to the licence area despite any subsequent

(a) extension, amendment, replacement or expiration of the forest stewardship plan, or

(b) refusal to extend, amend or replace the forest stewardship plan.

13 Section 20 (3) is amended by striking out "he or she" and substituting "the minister".

14 The heading to Division 1 of Part 4 is repealed and the following substituted:

Division 1 – Range Use Plan .

15 Section 32 is repealed and the following substituted:

Range use plan required

32  Before the holder of an agreement under the Range Act grazes livestock or cuts hay on Crown range to which the agreement applies, the holder must prepare and obtain the minister's approval of a range use plan that applies to the area that is subject to the agreement.

16 Section 35 is repealed.

17 Section 36 is repealed and the following substituted:

Term of range use plan

36  (1) The term of a range use plan is the period that the minister specifies at the time of approval.

(2) The minister, under subsection (1), may not specify a term of a range use plan that exceeds the term of the agreement under the Range Act to which the plan pertains.

18 Section 37 is amended by striking out "range use plan, a range stewardship plan or an amendment to either" wherever it appears and substituting "range use plan or an amendment to a range use plan".

19 Section 38 is repealed and the following substituted:

Mandatory amendments

38  (1) The holder of a range use plan must ensure that the actions specified in the plan to deal with issues identified by the minister continue, during the term of the plan, to be sufficient to deal with those issues.

(2) The holder of a range use plan who knows or reasonably ought to know that the actions specified in the plan are not sufficient to deal with the issues identified by the minister must amend the plan so that the actions are sufficient to deal with those issues.

(3) The holder of a range use plan, if and as directed by order of the minister, must propose and submit an amendment to the plan to address prescribed circumstances.

20 Section 39 is amended

(a) in subsections (1) and (3) by striking out "or range stewardship plans",

(b) in subsection (1) (b) by striking out "or range stewardship plan", and

(c) in subsection (2) by striking out "range use or range stewardship plans" and substituting "range use plans".

21 Section 40 is repealed and the following substituted:

Minor changes to range use plan

40  (1) Despite section 37 (1) and unless otherwise prescribed, an approval is not required to amend a range use plan if the holder of the plan determines that the proposed amendment

(a) relates to a matter specified in the regulations, and

(b) otherwise conforms to this Act, the regulations and the standards.

(2) The minister may take action in accordance with the regulations if the minister considers that the decision of the holder under subsection (1) was wrongly made.

22 Section 41 is repealed and the following substituted:

Review and comment

41  In prescribed circumstances, before a person submits for approval a range use plan or an amendment to a range use plan, the person must make the plan or amendment publicly available for review and comment.

23 Section 42 is amended by striking out "and range stewardship plans".

24 Division 2 of Part 4 is repealed.

25 Section 45 is amended

(a) in subsection (1) (b) by striking out "or range stewardship", and

(b) by adding the following subsection:

(3) The holder of a range use plan for grazing of livestock that includes a schedule referred to in subsection 33 (1) (b) must make the schedule available to a person on request.

26 Sections 47 and 48 are repealed.

27 Section 50 (1) (b) is amended by striking out "or range stewardship plan".

28 Section 51 is amended

(a) in subsection (2) by striking out "Crown land" and substituting "Crown range", and

(b) in subsection (4) (a) by striking out "range use plans, range stewardship plans and objectives set by government" and substituting "range use plans and objectives set by government".

29 Section 58.2 (3) (d) is amended by striking out "sections 26 (2)," and substituting "sections 26 (6),".

30 Section 77.1 (5) is repealed.

31 Section 79 (1) is amended by striking out "32 (2),".

32 Section 80 (1) is amended by striking out "32 (2), 37, 38 (5)," and substituting "37, 38 (3),".

33 Section 87 is amended

(a) in subsection (3) (a) by striking out "15 (2), 22.1 (1), (2), (5) or (6), 26 (3) or (5), 32 (1), 38 (1), (2), (3), (4) or (5), 45 (1) or (2)," and substituting "15 (1), 22.1 (1), (2), (5) or (6), 26 (3) or (5), 32, 38 (1), (2) or (3), 45 (1) or (2),",

(b) in subsection (3) (b) by striking out "section 16 (5), 26 (6)," and substituting "section 26 (6),", and

(c) in subsection (4) by striking out "23 (1), 53 (1) or (2)," and substituting "23 (1), 45 (3), 53 (1) or (2),".

34 Section 90 (1) is amended by striking out "26 (2), 27 (2), 38 (5)," and substituting "26 (6), 27 (2), 38 (3),".

35 Section 93 is amending by striking out "55, 57 (1) or 111 (2)" and substituting "55 or 57 (1)".

36 Section 97 (3) (a) is amended by striking out "a woodlot licence plan, a range use plan or a range stewardship plan" and substituting "a woodlot licence plan or a range use plan".

37 Section 120.1 (2) is amended by striking out "150.3 (1) (a) or (b)" and substituting "150.3 (a) or (c)".

38 Section 120.2 is amended by adding "and if not prohibited by a direction of the minister under section 120.1 (4) (a)" after "Except in prescribed circumstances" wherever it appears.

39 Section 142 is amended

(a) in subsection (2) by striking out "furnishing" and substituting "provision", and

(b) by repealing subsection (3) and substituting the following:

(3) Without limiting subsections (1) and (2), the Lieutenant Governor in Council may make regulations respecting the form and manner in which, and time when, information must be provided.

40 Section 149 (1) (b) is repealed.

41 Section 149.1 (1) (a) is amended

(a) by adding the following subparagraph:

(iii.1) a general measure in relation to ecological communities; ,

(b) by striking out "and" at the end of subparagraph (iv), and

(c) by adding the following subparagraph:

(v) categories of ecological communities for the purposes of subparagraph (iii.1), and .

42 Section 150.3 is repealed and the following substituted:

Scenic areas and visual quality requirements

150.3  The Lieutenant Governor in Council may make regulations respecting scenic areas, including but not limited to regulations

(a) authorizing the minister responsible for the Land Act to designate an area of land as a scenic area,

(b) establishing requirements in relation to visual quality,

(c) authorizing the minister to specify which visual quality requirements established under paragraph (b) apply to all or part of a scenic area, and

(d) prescribing the circumstances in which a discretion conferred in an authorization under paragraph (a) or (c) may be exercised.

43 The following section is added:

Forest operations maps

151.1  The Lieutenant Governor in Council may make regulations respecting forest operations maps under Division 3.1 of Part 2, including but not limited to regulations

(a) prescribing their form and content,

(b) specifying the date on which a forest operations map is deemed to have been made publicly available under section 15.1 (2) (b),

(c) requiring that a forest stewardship plan holder identify, in a forest operations map, the approximate periods during which harvesting under a cutting permit, or road construction under a road permit, is intended to occur,

(d) specifying the start and end date of an operating period under section 15.2,

(e) specifying the date by which a timber sales manager must publish a forest operations map before the start of an operating period under section 15.2,

(f) requiring a timber sales manager to identify, in a forest operations map, the approximate locations of any

(i) cutblocks that are to be harvested under forestry licences to cut that a timber sales manager intends to enter into, or

(ii) roads that will be constructed to access timber to be harvested under forestry licences to cut that are entered into with a timber sales manager, and,

(g) exempting a timber sales manager from section 15.2 (2) if the timber sales manager makes the information referred to in section 15.2 (2) (a) (i) and (ii) publicly available for review and comment by means other than a forest operations map.

44 The following sections are added:

Invasive plants

154.1  The Lieutenant Governor in Council may make regulations respecting invasive plants, including but not limited to regulations

(a) prescribing species of invasive plants,

(b) establishing requirements to prevent the introduction or spread of invasive plants, and

(c) requiring a person to carry out actions to mitigate the effects of invasive plants being introduced or spread by that person.

Natural range barriers

154.2  The Lieutenant Governor in Council may make regulations respecting natural range barriers, including but not limited to regulations

(a) establishing requirements to prevent natural range barriers being removed or rendered ineffective, and

(b) requiring a person to carry out actions to mitigate the effects of a natural range barrier being removed or rendered ineffective by that person.

45 Section 169 (4) (b) and (c) is amended by striking out "a forest stewardship plan, a range stewardship plan or a range use plan" and substituting "a forest stewardship plan or a range use plan".

46 Division 7 of Part 11 is repealed.

Validation Provision

Retroactive validation

47  (1) Anything done under the Forest and Range Practices Act that would have been validly done had paragraph (a) of the definition of "wildlife" under section 1 (1) of that Act, as amended by section 2 of this Act, been in force on the day the thing was done is

(a) conclusively deemed to have been validly done, and

(b) confirmed and validated.

(2) Anything done under the Forest Practices Code of British Columbia Act that would have been validly done had paragraph (a) of the definition of "wildlife" under section 1 (1) of that Act read as "a vertebrate, other than fish, that is wildlife within the meaning of the Wildlife Act" on the day the thing was done is

(a) conclusively deemed to have been validly done, and

(b) confirmed and validated.

(3) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter by reason that the section makes no specific reference to that matter.

Consequential and Related Amendments

Forest Act

48 Section 1 (1) of the Forest Act, R.S.B.C. 1996, c. 157, is amended by adding the following definition:

"forest stewardship plan" means a forest stewardship plan under the Forest and Range Practices Act; .

49 The following section is added to Division 5 of Part 4:

Definition

80.3  In this Division, "permit issuer" means a person who has authority under this Act to issue a cutting permit or road permit.

50 Section 81.1 is amended by striking out "the person who under this Act has discretion to issue the permit" and substituting "a permit issuer".

51 The following section is added to Division 5 of Part 4:

Refusal of permit – failure to hold operational plan
or publish forest operations map

81.2  (1) In this section:

"forest operations map" means a forest operations map under section 15.1 of the Forest and Range Practices Act;

"woodlot licence plan" means a woodlot licence plan under the Forest and Range Practices Act.

(2) A permit issuer must refuse an application for a cutting permit or road permit to construct a road if any of the following applies:

(a) the applicant does not hold a forest stewardship plan or woodlot licence plan, as required under the Forest and Range Practices Act, in relation to the area that will be subject to the permit;

(b) the applicant was required, under section 15.1 of the Forest and Range Practices Act, to prepare and make publicly available a forest operations map before applying for the permit, and the permit issuer considers that

(i) the applicant has not complied with section 15.1 of that Act,

(ii) 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 cutblocks shown in the forest operations map, or

(iii) in the case of an application for a road permit, the location of the proposed road is inconsistent with the approximate locations of roads shown in the forest operations map.

(3) In considering whether an application must be refused under subsection (2) (b), the permit issuer must consider matters prescribed by regulation, if any.

52 Section 114 is repealed.

53 Section 115 is amended

(a) in subsection (2) by striking out "Subject to section 81" and substituting "Subject to sections 81, 81.1 and 81.2" and by striking out ", if satisfied that the location of the proposed road is identified in a prescribed manner" after "on Crown land", and

(b) in subsection (3) by striking out "Subject to section 81" and substituting "Subject to sections 81 and 81.1".

54 Sections 115 (3) (b) and (4) and 117 (2) (c) are amended by striking out "or forest development plan".

55 Section 151 (2) is amended by adding the following paragraph:

(m.7) for the purpose of section 81.2 (3), respecting matters that must be considered by a permit issuer; .

Forests and Range Statutes Amendment Act, 2008

56 Sections 18 to 24, 26, 27, 29 and 30 of the Forests and Range Statutes Amendment Act, 2008, S.B.C. 2008, c. 4, are repealed.

Forest Statutes Amendment Act, 2000

57 Section 47 of the Forest Statutes Amendment Act, 2000, S.B.C. 2000, c. 6, is repealed.

Miscellaneous Statutes Amendment Act, 2008

58 Sections 16, 19, 20, 22, 23 and 26 of the Miscellaneous Statutes Amendment Act, 2008, S.B.C. 2008, c. 30, are repealed.

Muskwa-Kechika Management Area Act

59 Section 7 (2) (f) of the Muskwa-Kechika Management Area Act, S.B.C. 1998, c. 38, is amended by striking out "or range stewardship plan".

Range Act

60 Section 1 (1) of the Range Act, S.B.C. 2004, c. 71, is amended by repealing the definition of "range stewardship plan".

61 Section 10 (1) (a) is amended by striking out "or range stewardship plan".

Commencement

62  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: