Section 1 (1) definition of "forest development unit" BEFORE repealed by 2003-55-1, effective January 31, 2004 (BC Reg 7/2004).

"forest development unit" means an area identified in a forest stewardship plan within which the holder of the plan proposes to harvest timber or construct a road;

  Section 1 (1) definition of "forest practice" BEFORE amended by 2003-55-1, effective January 31, 2004 (BC Reg 7/2004).

"forest practice" means each of the following activities carried out by the government or by a holder of an agreement under the Forest Act on Crown forest land or private land subject to a tree farm licence, community forest agreement or a woodlot licence:

(a) timber harvesting, road construction, road maintenance, road use, road deactivation, silviculture treatments, including grazing for the purposes of brushing, botanical forest product collecting and fire use, control and suppression;

(b) any other activity that is carried out by the government or by the holder of an agreement under the Forest Act;

  Section 1 (1) definition of "objectives set by government" BEFORE amended by 2003-55-1, effective January 31, 2004 (BC Reg 7/2004).

"objectives set by government" means objectives established

(a) by order of the minister that is authorized by the regulations under section 149 of this Act, or

(b) under sections 3 to 5 of the Forest Practices Code of British Columbia Act by a person or by persons authorized under those sections;

  Section 1 (1) definition of "range development" BEFORE amended by 2003-55-1, effective January 31, 2004 (BC Reg 7/2004).

"range development" means

(a) if related to the management for range purposes of range land or livestock, a structure, an excavation or a constructed livestock trail, or

(b) a practice, excluding grazing, that is designed to improve range conditions or facilitate more efficient use of range land for range purposes;

  Section 1 (1) definition of "range practice" BEFORE amended by 2003-55-1, effective January 31, 2004 (BC Reg 7/2004).

"range practice" means grazing of livestock or hay cutting that is carried out on Crown range by the holder of an agreement under the Range Act;

  Section 1 (1) definition of "official" BEFORE amended by 2004-36-76, effective May 13, 2004 (Royal Assent).

"official" in a provision of this Act or the regulations means an employee in the

(a) Ministry of Forests and designated by name or title to be an official by the minister of that ministry for the purpose of that provision, or

(b) Ministry of Water, Land and Air Protection and designated by name or title to be an official by the minister of that ministry for the purpose of that provision;

  Section 1 (1) definition of "objectives set by government" paragraph (b) BEFORE amended by 2003-74-3, effective February 1, 2006 (BC Reg 357/2005).

(b) objectives established or continued under sections 3 to 5 of the Forest Practices Code of British Columbia Act by a person or persons under those sections;

  Section 1 (1) definition (part) of "official" BEFORE amended by BC Reg 344/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 344/2006).

"official" in a provision of this Act or the regulations means an employee in the

  Section 1 (1) definition of "objectives set by government", paragraph (b) BEFORE amended by 2007-18-74, effective May 31, 2007 (Royal Assent).

(b) under section 93.4 of the Land Act by the minister responsible for the administration of the Land Act;

  Section 1 (1) definition of "forest practice" BEFORE amended by 2007-18-73, effective July 26, 2007 (BC Reg 266/2007).

"forest practice" means each of the following activities carried out by the government or by a holder of an agreement under the Forest Act on private land subject to a tree farm licence, community forest agreement or a woodlot licence or on Crown forest land

(a) timber harvesting, road construction, road maintenance, road use, road deactivation, silviculture treatments, including grazing for the purposes of brushing, botanical forest product collecting and fire use, control and suppression;

(b) any other activity that is carried out by the government or by the holder of an agreement under the Forest Act;

  Section 1 (1) definition of "range practice" BEFORE amended by 2007-18-73, effective July 26, 2007 (BC Reg 266/2007).

"range practice" means

(a) if carried out on Crown range by the holder of an agreement under the Range Act,

(i)  grazing of livestock,

(ii)  cutting of hay,

(iii)  activities related to grazing of livestock or cutting of hay, or

(iv)  activities related to constructing, modifying or maintaining a range development, and

(b) if carried out on Crown range by a person other than a holder of an agreement under the Range Act, the activities related to constructing, modifying or maintaining a range development;

  Section 1 (1) definition of "determination" BEFORE amended by 2007-14-103, effective December 1, 2007 (BC Reg 354/2007).

"determination" means any act, decision, procedure, levy, finding, order or other determination made under this Act, the regulations or the standards by the minister or an official;

  Section 1 (1) definition of "wildlife", paragraph (c) BEFORE amended by BC Reg 5/10 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).

(c) invertebrates or plants listed by the Minister of Water, Land and Air Protection as endangered, threatened or vulnerable species,

  Section 1 (1) definition of "official", paragraph (c) BEFORE amended by 2008-36-126, effective October 4, 2010 (BC Reg 274/2010).

(c) Oil and Gas Commission who is designated by name or title to be an official by the minister responsible for the Oil and Gas Commission Act for the purpose of that provision;

  Section 1 (1) definition of "objectives set by government" BEFORE amended by 2010-17-17, effective February 23, 2011 (BC Reg 47/2011).

"objectives set by government" means

(a) objectives prescribed under section 149 (1), or

(b) objectives established under section 93.4 of the Land Act by the minister responsible for the administration of the Land Act

  Section 1 (1) definition of "objectives set by government", paragraph (c) was added by 2010-17-17, effective February 23, 2011 (BC Reg 47/2011).

  Section 1 (1) definition of "commission" BEFORE amended by 2015-10-83, effective December 18, 2015 (BC Reg 240/2015).

"commission" means the Forest Appeals Commission continued under section 194 of the Forest Practices Code of British Columbia Act;

  Section 1 (1) definition of "wildlife", paragraph (a) BEFORE amended by 2019-25-2, effective April 1, 2019 (date of 1st Reading) [retro from May 16, 2019 (Royal Assent)].

(a) vertebrates that are mammals, birds, reptiles or amphibians and are prescribed as wildlife under the Wildlife Act,

  Section 1 (1) definition of "ecological community" was added by 2019-25-1(a), effective June 26, 2023 (BC Reg 163/2023).

  Section 1 (1) definition of "official", paragraph (c) BEFORE amended by 2022-42-60,Sch 1 and 2022-42-61,Sch 2, effective September 1, 2023 (BC Reg 187/2023).

(c) Oil and Gas Commission who is designated by name or title to be an official by the commissioner under the Oil and Gas Activities Act for the purpose of that provision;

  Section 1 (1) definitions of "area of catastrophic damage", "forest landscape area", "forest landscape plan", "forest operations area", "ministry website", "planning guideline" and "trail-based recreation area" were added by 2021-37-30(a) and (c), effective July 15, 2024 (BC Reg 219/2024).

  Section 1 (1) definitions of "operational plan" and "wildlife" BEFORE amended by 2021-37-30(b) and (d), effective July 15, 2024 (BC Reg 219/2024).

"operational plan" means a forest stewardship plan, woodlot licence plan, range use plan or range stewardship plan;

"wildlife" means

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

(b) fish from or in the non-tidal waters of British Columbia, including

(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

(c) invertebrates or plants listed by the minister responsible for the administration of the Wildlife Act as endangered, threatened or vulnerable species,

and includes the eggs and juvenile stages of these vertebrates, invertebrates and plants.

  Section 2 (2) and (3) BEFORE amended by 2004-36-77(a), effective May 13, 2004 (Royal Assent).

(2)  The minister, in writing, may

(a) delegate a power or duty of the minister under this Act, including a quasi-judicial power or duty but not including a prescribed power or duty, to a person employed in a ministry or to a class of persons employed in a ministry, and this Act, a regulation or a standard applies to the delegate as if the delegate were the minister,

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

(c) vary or revoke a delegation or direction.

(3)  A delegate under subsection (2) may subdelegate the power or duty to a person employed in a ministry or to a class of persons employed in a ministry, unless otherwise provided in the regulations.

  Section 2 (5) BEFORE amended by 2004-36-77(b), effective May 13, 2004 (Royal Assent).

(5)  Sections 71 and 87 of this Act do not apply to the government.

  Section 2 (1) BEFORE amended by 2006-13-19, effective March 30, 2006 (Royal Assent).

(1)  A reference in this Act to the minister or his or her designate, or to the minister or a person authorized by the minister, or any similar reference, does not mean that a reference to the minister alone requires the minister to deal with the matter personally, and a reference to the minister alone means a reference to the minister or an appropriate official of the Ministry of Forests.

  Sections 2 (2) and (3) BEFORE amended by 2007-18-75, effective May 31, 2007 (Royal Assent).

(2)  Each of the ministers responsible, respectively, for this Act, Part 7.1 of the Land Act and the Wildlife Act, in writing, may

(a) delegate a power or duty of that minister under this Act, including a quasi-judicial power or duty, but not including a prescribed power or duty, to a

(i)  person employed in a ministry,

(ii)  a class of persons employed in a ministry, or

(iii)  an agent of the Crown,

and this Act, a regulation or a standard applies to the delegate as if the delegate were that minister,

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

(c) vary or revoke a delegation or direction.

(3)  Except in prescribed circumstances, a delegate under subsection (2) may subdelegate the power or duty to

(a) a person employed in a ministry,

(b) a class of persons employed in a ministry, or

(c) an agent of the Crown.

  Section 2 (5) BEFORE amended by 2023-43-119, effective April 1, 2024 (BC Reg 62/2024).

(5) Sections 71 (2) to (7) and 87 of this Act do not apply to the government.

  Section 2.01 was enacted by 2021-37-31, effective July 15, 2024 (BC Reg 219/2024).

  Section 2.1 was enacted by 2010-12-44, effective June 9, 2011 (BC Reg 104/2011).

  Section 2.1 (5) BEFORE amended by 2021-37-32, effective November 25, 2021 (Royal Assent).

(5) A woodlot plan for a first nations woodland licence to which subsection (3) applies expires on the date the size of the Crown land in the first nations woodland licence area increases from a size described in subsection (4) to a size described in subsection (2) (a).

  Part 1.1, Divisions 1 to 5, sections 2.2 to 2.54, was enacted by 2021-37-33,34, effective July 15, 2024 (BC Reg 219/2024).

  Section 3 (1) (c.1) was added by 2003-31-79, effective November 4, 2003 (BC Reg 403/2003).

  Section 3 (1) (part) BEFORE amended by 2008-4-15(a), effective December 9, 2008 (BC Reg 390/2008).

harvests timber or constructs a road on land to which the agreement or licence applies, then, subject to section 4 (2), the holder must prepare, and obtain the minister's approval of, a forest stewardship plan that includes a forest development unit that entirely contains the area on which

  Section 3 (2) (part) BEFORE amended by 2008-4-15(a), effective December 9, 2008 (BC Reg 390/2008).

then, subject to section 4 (2), the timber sales manager must prepare and obtain the minister's approval of a forest stewardship plan that includes a forest development unit that entirely contains the area

  Section 3 (3) BEFORE repealed by 2008-4-15(b), effective December 9, 2008 (BC Reg 390/2008).

(3)  Subsection (2) does not apply to a timber sale licence for timber harvested under the Park Act.

  Section 3 (1) and (2) BEFORE amended by 2010-12-45, effective June 9, 2011 (BC Reg 104/2011).

(1)  Before the holder of

(a) a major licence,

(b) a timber sale licence that requires its holder to prepare a forest stewardship plan,

(c) a community forest agreement,

(c.1) a community salvage licence, or

(d) a pulpwood agreement

harvests timber or constructs a road on land to which the agreement or licence applies, then, subject to section 4, the holder must prepare, and obtain the minister's approval of, a forest stewardship plan that includes a forest development unit that entirely contains the area on which

(e) the timber is to be harvested, and

(f) the roads are to be constructed.

(2)  Before the timber sales manager

(a) invites applications for, or enters into, a timber sale licence to which subsection (1) does not apply,

(b) grants a road permit to the holder of a timber sale licence referred to in paragraph (a), or

(c) constructs an access road to an area to be harvested under a timber sale licence referred to in paragraph (a),

then, subject to section 4, the timber sales manager must prepare and obtain the minister's approval of a forest stewardship plan that includes a forest development unit that entirely contains the area

(d) that will be the subject of the activities described in paragraphs (a), (b) and (c) of this subsection, and

(e) on which timber is to be harvested and roads are to be constructed.

  Section 3 (0.1) and (1.1) were added by 2010-12-45, effective June 9, 2011 (BC Reg 104/2011).

  Section 3 (0.1) definition of "licence", paragraph (c), BEFORE repealed by 2021-38-70, effective July 15, 2023 (BC Reg 158/2023).

(c) a community salvage licence;

  Section 3 (2) (b) BEFORE amended by 2023-43-121, effective April 1, 2024 (BC Reg 62/2024).

(b) grants a road permit to the holder of a timber sale licence referred to in paragraph (a), or

  Section 3 BEFORE amended by 2021-37-35, effective July 15, 2024 (BC Reg 219/2024).

  Section 4 (2) BEFORE repealed by 2004-36-78, effective October 20, 2005 (BC Reg 307/2005).

(2)  The holder of a forest stewardship plan required under section 3 (1) or (2) is exempt from the requirement to limit timber harvesting or road construction to an area entirely contained in a forest development unit to which the plan pertains if the timber harvesting or road construction is limited to one or more of the purposes referred to in subsection (1) (a) to (e) of this section.

  Section 4 (1) (part) BEFORE amended by 2021-37-36, effective July 15, 2024 (BC Reg 219/2024).

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

  Section 5 (1) (b) BEFORE amended by 2003-55-2, effective January 31, 2004 (BC Reg 7/2004).

(b) specify intended results or strategies, and

  Section 5 (2) (a) BEFORE amended by 2003-55-2, effective January 31, 2004 (BC Reg 7/2004).

(a) objectives set by government in relation to the following subject matter:

(i)  soils;

(ii)  visual quality;

(iii)  timber;

(iv)  forage and associated plant communities;

(v)  water;

(vi)  fish;

(vii)  wildlife;

(viii)  biodiversity;

(ix)  resource features;

(x)  cultural heritage resources, and

  Section 5 (1.1) was added by 2004-36-79, effective December 13, 2004 (BC Reg 580/2004).

  Section 5 (2) BEFORE amended by 2004-36-79, effective December 13, 2004 (BC Reg 580/2004).

(2)  A forest stewardship plan must be consistent with

(a) objectives referred to in subsection (1) (b), and

(b) timber harvesting rights granted by the government for any of the following to which the plan applies:

(i)  the timber supply area;

(ii)  the community forest agreement area;

(iii)  the tree farm licence area;

(iv)  the pulpwood area.

  Section 5 (1) (b) (ii) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(ii)  other objectives that are established under this Act or the regulations and that pertain to all or part of the area subject to the plan, and

  Section 5 (1.1) BEFORE amended by 2008-4-17(a), effective December 9, 2008 (BC Reg 390/2008).

(1.1)  The results and strategies referred to in subsection (1) (b) must be consistent to the prescribed extent with objectives set by government and with the other objectives referred to in section 5 (1) (b).

  Section 5 (1) (b) (i.1) was added by 2021-37-37, effective July 15, 2024 (BC Reg 219/2024).

  Section 7 (1) BEFORE amended by 2003-55-3, effective January 31, 2004 (BC Reg 7/2004).

  Section 7 (2) BEFORE amended by 2003-55-3, effective January 31, 2004 (BC Reg 7/2004).

(2)  The specified period under subsection (1) begins 4 months before the date the existing plan was submitted for approval and ends 4 months before the date the proposed plan was submitted for approval.

  Section 7 (1.1) BEFORE amended by 2004-36-80, effective December 13, 2004 (BC Reg 580/2004).

(1.1)  A proposed forest stewardship plan must be considered to have received the ministers approval under section 16 (1) for the parts, if any, of the plan that pertain to a forest development unit that is in effect on the date of the submission of the forest stewardship plan to the minister unless

(a) one or more of the following events occur during the period specified in subsection (2):

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

(ii)  an objective set by government is established, varied or cancelled;

(iii)  an area of land is designated by regulation as a community watershed;

(iv)  an area of land that is a community watershed is varied or cancelled by regulation;

(v)  timber in the vicinity of the forest development unit has suffered catastrophic damage, and

(b) the minister considers that the forest development unit is inconsistent with the events described in paragraph (a) that occur.

  Section 7 (1.1) (a) (iii) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

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

  Section 8 (1) BEFORE amended by 2003-55-4, effective January 31, 2004 (BC Reg 7/2004).

  Section 8 (2) BEFORE amended by 2003-55-4, effective January 31, 2004 (BC Reg 7/2004).

(a) enactment, or

(b) objective set by government,

  Section 8 (1) BEFORE amended by 2004-36-81, effective December 13, 2004 (BC Reg 580/2004).

(1)  Subject to subsection (2), within 2 years, or a longer period prescribed under this Act or another enactment, after the occurrence of an event described in section 7 (1.1) (a) (i) or (ii) that affects an area under a forest stewardship plan, the holder of the plan must submit to the minister an amendment to the plan in accordance with the regulations to take into account that event.

  Section 8 (1.1) was added by 2004-36-81, effective December 13, 2004 (BC Reg 580/2004).

  Section 8 (2) (b) BEFORE amended by 2010-17-18, effective February 23, 2011 (BC Reg 47/2011).

(b) objectives set by government referred to in paragraph (b) of the definition of that term in section 1 (1),

  Section 8 BEFORE re-enacted by 2019-25-6, effective June 26, 2023 (BC Reg 163/2023).

  Section 9 BEFORE amended by 2003-55-5, effective January 31, 2004 (BC Reg 7/2004).

  Section 11 BEFORE re-enacted by 2003-55-6, effective January 31, 2004 (BC Reg 7/2004).

  Section 11 BEFORE repealed by 2021-37-38, effective July 15, 2024 (BC Reg 219/2024).

  Section 12 (1.1) was added by 2010-12-46, effective June 9, 2011 (BC Reg 104/2011).

  Section 12 (0.1) was added by 2021-37-39(a), effective July 15, 2024 (BC Reg 219/2024).

  Section 12 (1) and (1.1) BEFORE amended by 2021-37-39(b), effective July 15, 2024 (BC Reg 219/2024).

(1) Before the holder of a woodlot licence harvests timber or constructs a road on land to which the licence applies, the holder must prepare, and obtain the minister's approval of, a woodlot licence plan that includes the area on which the timber is to be harvested and the roads are to be constructed.

(1.1) Despite subsection (1), the holder of a woodlot licence may harvest timber or construct roads on an area that is subject to a cutting permit or road permit issued before the expiry of a woodlot licence plan that includes the area subject to the cutting permit or road permit.

  Section 13 (1) (b) BEFORE amended by 2003-55-7, effective January 31, 2004 (BC Reg 7/2004).

(b) specify the intended results or strategies, and

  Section 13 (2) BEFORE amended by 2003-55-7, effective January 31, 2004 (BC Reg 7/2004).

(2)  A woodlot licence plan must be consistent with objectives set by government in relation to the following subjects:

(a) soils;

(b) visual quality;

(c) timber;

(d) forage and associated plant communities;

(e) water;

(f) fish;

(g) wildlife;

(h) biodiversity;

(i) resource features;

(j) cultural heritage resources.

  Section 13 (3) BEFORE amended by 2003-55-7, effective January 31, 2004 (BC Reg 7/2004).

(3)  A woodlot licence plan need not be consistent with objectives set by government referred to in subsection (2) to the extent that those objectives pertain to

(a) retention of old forest,

(b) seral stage distribution,

(c) landscape connectivity, or

(d) temporal and spatial distribution of cutblocks.

  Section 13 (4) BEFORE amended by 2007-18-76, effective May 31, 2007 (Royal Assent).

(4)  A woodlot licence plan or an amendment to a woodlot licence plan must be signed by the person required to prepare the plan, if an individual or, if a corporation or band as defined in the Indian Act (Canada), by an individual or the individuals authorized to sign on behalf of the corporation.

  Section 13 (1) (b) (ii) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(ii)  other objectives that are established under this Act or the regulations and that pertain to all or part of the area subject to the plan, and

  Section 14 (2) BEFORE amended by 2003-55-8, effective January 31, 2004 (BC Reg 7/2004).

(2)  The minister must extend the term of a woodlot licence plan that conforms to prescribed requirements for an additional period of 10 years unless the holder, by written notice given to the district minister at least 6 months before the expiry of the initial term, requests an extension for a specified shorter period, in which case the minister must extend the term for that shorter period.

  Section 15 (1) definition of "amendment" BEFORE amended by 2004-36-82(a), effective May 13, 2004 (Royal Assent).

"amendment" means an amendment to a woodlot licence plan to make it consistent with an objective set by government;

  Section 15 (1) definition of "objective" BEFORE amended by 2004-36-82(b), effective May 13, 2004 (Royal Assent).

"objective" means an objective set by government other than an objective referred to in section 13 (2).

  Section 15 (1) definition of "objective" BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

"objective" means

(a) an objective set by government, and

(b) an objective that is established under this Act or the regulations

but does not include an objective referred to in section 13 (3).

  Part 2, Division 3.1, sections 15.1 to 15.3, was enacted by 2019-25-10, effective April 1, 2024 (BC Reg 163/2023).

  Section 16 (1) BEFORE amended by 2003-55-9, effective January 31, 2004 (BC Reg 7/2004).

  Section 16 (2.1) was added by 2003-55-9, effective January 31, 2004 (BC Reg 7/2004).

  Section 16 (1) and (1.1) BEFORE amended by 2004-36-83(a), effective December 13, 2004 (BC Reg 580/2004).

(1)  The minister must approve a forest stewardship plan or an amendment to a forest stewardship plan if the minister

(a) determines that the plan or amendment conforms to section 5,

(b) considers that the plans results and strategies are consistent with

(i)  objectives set by government, and

(ii)  other objectives that are established under this Act or the regulations and that pertain to all or part of the area subject to the plan, and

(c) considers that the plan is consistent with the timber harvesting rights referred to in section 5 (2) (b) to which the plan pertains.

(1.1)  The minister must approve a woodlot licence plan or an amendment to a woodlot licence plan, if the minister

(a) determines that the plan or amendment conforms to section 13, and

(b) considers that the plans results and strategies are consistent

(i)  subject to section 13 (3), with objectives set by government, and

(ii)  with other objectives that are established under this Act or the regulations and that pertain to all or part of the area subject to the plan.

  Section 16 (1.01) was added by 2004-36-83(a), effective December 13, 2004 (BC Reg 580/2004).

  Section 16 (1.2) was added by 2004-36-83(a), effective December 13, 2004 (BC Reg 580/2004).

  Section 16 (2.1) BEFORE amended by 2004-36-83(b), effective December 13, 2004 (BC Reg 580/2004).

[Note: above was amended by 2004-63-11, effective October 21, 2004 (Royal Assent).]

(2.1)  Before approving a plan or amendment, the minister may require the holder of a proposed plan or amendment to submit information that the minister reasonably requires in order to determine if the proposed plan or amendment conforms to subsection (1) or (1.1), whichever is applicable.

  Section 16 (4) and (5) were added by 2004-36-83(c), effective December 13, 2004 (BC Reg 580/2004).

  Section 16 (2) BEFORE amended by 2007-18-77(a), effective May 31, 2007 (Royal Assent).

(2)  Unless an enactment, whenever enacted, or an objective set by government, whenever established, includes a statement that it applies despite this subsection, a forest stewardship plan, a woodlot licence plan or an amendment to either submitted to the minister for approval must be considered to have conformed to this Act, the regulations, the standards and the objectives set by government if the plan or amendment conforms to the relevant provisions of this Act, the regulations, the standards and the objectives as they were 4 months before the date of the submission of the plan or amendment to the minister.

  Section 16 (2.01) was added by 2007-18-77(b), effective May 31, 2007 (Royal Assent).

  Section 16 (1.01), (1.2), (4) and (5) BEFORE repealed by 2019-25-11, effective June 26, 2023 (BC Reg 163/2023).

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

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

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

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

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

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

(4) If the minister receives information that gives the minister reason to believe that a forest stewardship plan, woodlot licence plan, or an amendment to either, did not, at the time of its approval under this section, conform, in relation to

(a) the prescribed subject matter referred to in subsection (1.01) (a) to section 5, or

(b) the prescribed subject matter referred to in subsection (1.2) (a) to section 13

the minister, after giving the holder of the plan an opportunity to be heard,

(c) may determine whether the plan conformed, at the time of its approval, with,

(i) section 5 in relation to the subject matter mentioned in paragraph (a), or

(ii) section 13 in relation to the subject matter mentioned in paragraph (b), and

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

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

  Section 16 (1) BEFORE amended by 2021-37-40(a), effective July 15, 2024 (BC Reg 219/2024).

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

  Section 16 (1.02) was added by 2021-37-40(b), effective July 15, 2024 (BC Reg 219/2024).

  Section 18 BEFORE re-enacted by 2003-55-10, effective January 31, 2004 (BC Reg 7/2004).

  Section 18 BEFORE re-enacted by 2021-37-41, effective July 15, 2024 (BC Reg 219/2024).

  Section 19 (2) BEFORE amended by 2003-55-11, effective January 31, 2004 (BC Reg 7/2004).

(2)  Section 8 does not apply to the portion of the stewardship plan to which the cutting permit or road permit referred to in subsection (1) applies.

  Section 19 (5) BEFORE repealed by 2003-55-11, effective January 31, 2004 (BC Reg 7/2004).

(5)  The minister must not refuse to approve a forest stewardship plan, a woodlot licence plan or an amendment to either solely on the basis that the area to which an existing cutting permit, road permit or timber sale licence pertains does not conform to section 16.

  Section 19 (2) BEFORE amended by 2004-36-84, effective December 13, 2004 (BC Reg 580/2004).

(2)  Section 8 does not apply to the portion of the forest stewardship plan to which the cutting permit or road permit referred to in subsection (1) applies.

  Section 19 (0.1) was added by 2019-25-12(a), effective June 26, 2023 (BC Reg 163/2023).

  Section 19 (1) to (3) BEFORE amended by 2019-25-12(b) as amended by 2021-37-106, effective June 26, 2023 (BC Reg 163/2023).

(1) An approval or a refusal to approve a forest stewardship plan, a woodlot licence plan or an amendment to either does not affect a cutting permit or road permit if the cutting permit or road permit is in effect immediately before the approval or refusal.

(2) Section 8 does not apply to the portion of the area to which a forest stewardship plan applies

(a) which portion is subject to a cutting permit, road permit or timber sale licence,

(b) over which portion a road referred to in subsection (4) is or has been constructed, or

(c) which portion conforms to prescribed criteria.

(3) An approval or a refusal to approve a forest stewardship plan or an amendment does not affect a timber sale licence that does not provide for cutting permits if the licence

(a) has been advertised before the approval or refusal, or

(b) is in effect immediately before the approval or refusal.

  Section 19 BEFORE repealed by 2021-37-42, effective July 15, 2024 (BC Reg 219/2024).

  Section 20 (1) BEFORE amended by 2003-55-12, effective January 31, 2004 (BC Reg 7/2004).

  Section 20 (3) BEFORE amended by 2019-25-13, effective June 26, 2023 (BC Reg 163/2023).

(3) The minister may take action in accordance with the regulations if he or she considers that the decision under subsection (1) was wrongly made.

  Section 20.1 was enacted by 2008-4-28, effective December 9, 2008 (BC Reg 390/2008).

  Section 20.1 BEFORE repealed by 2021-37-42, effective July 15, 2024 (BC Reg 219/2024).

  Part 2.1, Divisions 1 to 4, sections 20.2 to 20.27, was enacted by 2021-37-43, effective July 15, 2024 (BC Reg 219/2024).

  Section 21 BEFORE re-enacted by 2003-55-13, effective January 31, 2004 (BC Reg 7/2004).

  Section 21 (2.1) and (2.2) were added by 2010-12-47, effective June 9, 2011 (BC Reg 104/2011).

  Part 3, Division 1, section 21 BEFORE repealed by 2021-37-44, effective July 15, 2024 (BC Reg 219/2024).

Division 1 — General

  Section 21.1 was enacted by 2021-37-45, effective November 25, 2021 (Royal Assent).

  Section 22 (1) BEFORE amended by 2003-52-74, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

  Section 22 (1) BEFORE amended by 2004-44-106, effective December 31 (BC Reg 547/2004).

(1)  This Division does not apply to roads constructed or maintained under the Community Charter, the Highway Act, the Land Act, the Local Government Act or the Pipeline Act.

  Section 22 BEFORE amended by 2021-37-48, effective November 25, 2021 (Royal Assent).

  Section 22 (2) BEFORE amended by 2021-37-49, effective July 15, 2024 (BC Reg 219/2024).

(2) A person must not use, construct, maintain or deactivate a road except in accordance with this Act, the regulations, the standards and any forest stewardship plan or a woodlot licence plan, if the road is

(a) a forest service road, or

(b) a forest resource road.

(c) and (d) [Repealed 2021-37-48.]

  Section 22.1 were enacted by 2003-55-14, effective January 31, 2004 (BC Reg 7/2004).

  Section 22.1 (2) (c) BEFORE amended by 2004-36-85, effective May 13, 2004 (Royal Assent).

(c) the road is authorized under the Geothermal Resources Act or Petroleum and Natural Gas Act,

  Section 22.1 (1) (c) (i) BEFORE amended by 2007-18-78, effective May 31, 2007 (Royal Assent).

(i)  is authorized to do so under a timber sale licence that does not provide for a cutting permit or under a woodlot licence, cutting permit or road permit, or

  Section 22.1 BEFORE re-enacted by 2021-37-50, effective November 25, 2021 (Royal Assent).

  Section 22.11 was enacted by 2021-37-50, effective November 25, 2021 (Royal Assent).

  Section 22.11 (4) (a) BEFORE amended by 2021-37-51, effective July 15, 2024 (BC Reg 219/2024).

(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;

  Section 22.12 was enacted by 2021-37-50, effective November 25, 2021 (Royal Assent).

  Section 22.2 were enacted by 2003-55-14, effective January 31, 2004 (BC Reg 7/2004).

  Section 22.2 (1) BEFORE amended by 2004-37-12, effective May 13, 2004 (Royal Assent).

(1)  Subject to subsections (2) to (4) and to regulations respecting roads made under the Highway (Industrial) Act, a road that is

  Section 22.2 (3) BEFORE amended by 2004-36-86, effective May 13, 2004 (Royal Assent).

(3)  In the circumstances described in subsection (1),

  Section 22.2 (1) BEFORE amended by 2021-37-52(a) and (b), effective November 25, 2021 (Royal Assent).

(1) Subject to subsections (2) to (4) and to regulations respecting roads made under the Industrial Roads Act, a road that is

(a) a forest service road, or

(b) constructed or maintained by the holder of a road permit or a woodlot licence 

may be used by any person, other than a person referred to in section 22.1, without charge.

  Section 22.2 (4) BEFORE amended by 2021-37-52(c) and (d), effective November 25, 2021 (Royal Assent).

(4) The minister, in accordance with the regulations, may specify types of expenses that must be paid to

(a) government for a road referred to in subsection (1) (a),

(b) holders referred to in subsection (1) (b), or

(c) other persons who meet prescribed requirements

by a person, other than a person referred to in section 22.1, who uses a road or class of roads.

  Section 22.3 was enacted by 2003-55-14, effective January 31, 2004 (BC Reg 7/2004).

  Section 22.3 (1) (a) BEFORE amended by 2004-36-87, effective May 13, 2004 (Royal Assent).

(a) a purpose referred to in section 21.1 (1) or (2), or

  Section 22.3 (3) (b) BEFORE amended by 2011-25-481,Sch, effective March 18, 2013 (BC Reg 131/2012).

(b) by binding arbitration under the Commercial Arbitration Act.

  Section 22.3 BEFORE amended by 2021-37-54, effective November 25, 2021 (Royal Assent).

  Section 23 BEFORE repealed by 2021-37-55, effective November 25, 2021 (Royal Assent).

  Section 23.1 was enacted by 2021-37-56, effective November 25, 2021 (Royal Assent).

  Section 23.2 was enacted by 2021-37-58, effective November 25, 2021 (Royal Assent).

  Section 23.2 (1) BEFORE amended by 2023-43-123, effective April 1, 2024 (BC Reg 62/2024).

(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.

  Section 23.3 was enacted by 2021-37-58, effective November 25, 2021 (Royal Assent).

  Section 23.3 (1) BEFORE amended by 2023-43-124, effective April 1, 2024 (BC Reg 62/2024).

(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.

  Section 24 BEFORE amended by 2004-44-107, effective December 31 (BC Reg 547/2004).

  Section 24 BEFORE re-enacted by 2021-37-59, effective November 25, 2021 (Royal Assent).

  Section 24 (1) (b) BEFORE amended by 2023-43-125, effective April 1, 2024 (BC Reg 62/2024).

(b) a road authorized under an agreement under the Forest Act or under a cutting permit;

  Section 25 BEFORE re-enacted by 2004-36-88, effective May 13, 2004 (Royal Assent).

  Section 26 BEFORE re-enacted by 2003-55-15, effective January 31, 2004 (BC Reg 7/2004).

  Section 26 (7) BEFORE amended by 2023-43-127, effective April 1, 2024 (BC Reg 62/2024).

(7) If the minister

(a) approves a proposal submitted under subsection (3), or

(b) makes an order under subsection (6),

and considers it necessary or desirable to facilitate the carrying out of the proposal or order, the minister may exempt the affected owner or holder from complying with one or more provisions of this Act, the regulations, the standards, an agreement under the Forest Act, a forest stewardship plan or a woodlot licence plan.

  Section 26 (8) BEFORE amended by 2023-43-129, effective April 1, 2024 (BC Reg 62/2024).

(8) If the minister makes an order under subsection (6) that is inconsistent with a provision of this Act, the regulations, the standards, an agreement under the Forest Act, a forest stewardship plan or a woodlot licence plan, the minister, in making the order, must exempt the owner or holder from that provision.

  Section 26 (2) (a) was renumbered as (a.1) and paragraph (a) was added by 2023-43-126, effective July 15, 2024 (BC Reg 219/2024).

  Section 26 (7) (c.1) was added by 2023-43-128, effective July 15, 2024 (BC Reg 219/2024).

  Section 27 (5) was added by 2003-55-16, effective January 31, 2004 (BC Reg 7/2004).

  Section 27 (2) and (4) BEFORE amended by 2023-43-130, effective April 1, 2024 (BC Reg 62/2024).

(2) The minister may order

(a) the holder of an agreement under the Forest Act that authorizes timber harvesting in the emergency management area, or

(b) the timber sales manager

to carry out measures in the emergency management area, limited in the case of the holder, to the area of the holders agreement, to prevent, contain or limit the spread of forest health factors.

(4) A person is exempt from any provisions of this Act, the regulations, the standards, an agreement under the Forest Act, a forest stewardship plan or a woodlot licence plan that, if complied with, would prevent the person from carrying out the measures referred to in subsection (2).

  Section 29 (4) BEFORE amended by 2003-55-18, effective January 31, 2004 (BC Reg 7/2004).

(4)  A provision in a woodlot licence plan that differs from a

(a) requirement of the regulations, or

(b) requirement of the standards,

prevails over the requirement from which it differs if the regulation or standard specifies that the woodlot licence plan prevails.

  Section 29 (7) to (10) were added by 2003-55-18, effective January 31, 2004 (BC Reg 7/2004).

  Section 29 (5) to (10) BEFORE repealed by 2004-36-89, effective December 13, 2004 (BC Reg 580/2004).

(5)  Despite subsections (1) to (3), a person may transfer an obligation to establish a free growing stand to another person if

(a) the agreement to transfer is in writing,

(b) the transfer meets the prescribed requirements, and

(c) the person submits the agreement to the minister and the minister approves it before the agreement becomes effective.

(6)  An agreement referred to in subsection (5) has no effect if it does not receive the minister's approval under subsection (5) (c).

(7)  A person to whom an obligation to establish a free growing stand was transferred may transfer the obligation to another person if

(a) the agreement to transfer is in writing,

(b) the transfer meets the prescribed requirements, and

(c) the parties to the agreement submit the agreement to the minister and the minister approves it before the agreement becomes effective.

(8)  An agreement referred to in subsection (7) has no effect if it does not receive the ministers approval under subsection (7) (c).

(9)  Without limiting subsections (5) (b) and (7) (b), the transfer must include the stocking requirements that pertain to the area.

(10)  A person to whom an obligation to establish a free growing stand is transferred under this section may amend the stocking requirements that pertain to the area, and sections 16 (1.1) and 20 apply to the amendment as if it were an amendment to a woodlot licence plan.

  Section 29 (0.1) was added by 2021-37-62(a), effective July 15, 2024 (BC Reg 219/2024).

  Section 29 (1) and (2) BEFORE amended by 2021-37-62(b) and (c), effective July 15, 2024 (BC Reg 219/2024).

(1) A holder of a major licence or community forest agreement who harvests timber to which a forest stewardship 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.

(2) If the timber sales manager

(a) has authorized the harvesting of timber under a timber sale licence that requires its holder to prepare a forest stewardship plan, or

(b) is the holder of a forest stewardship plan,

he or she 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.

  Section 29.1 was enacted by 2004-36-90, effective December 13, 2004 (BC Reg 580/2004).

  Section 30 (1) BEFORE amended by 2003-55-19, effective January 31, 2004 (BC Reg 7/2004).

  Section 30 (3) BEFORE amended by 2003-55-19, effective January 31, 2004 (BC Reg 7/2004).

(3)  By notice given to a licence holder who has made a request under subsection (2), the district manager or timber sales manager in the case of a BC timber sales agreement, may assume on behalf of the government the responsibility for establishing the free growing stand if all of the following requirements have been met:

  Section 30 (5) BEFORE amended by 2003-55-19, effective January 31, 2004 (BC Reg 7/2004).

(5)  After the district manager or timber sales manager has given notice under subsection (3) to a licence holder, the licence holder is no longer responsible for obligations assumed by the government.

  Section 30 (7) was added by 2003-55-19, effective January 31, 2004 (BC Reg 7/2004).

  Section 30 (1) (a) BEFORE amended by 2004-36-91, effective May 13, 2004 (Royal Assent).

(a) is the holder of a timber licence, non-replaceable forest licence, non-replaceable woodlot licence or non-replaceable timber sale licence,

  Section 30 (1) (c) BEFORE amended by 2006-13-20(a), effective March 30, 2006 (Royal Assent).

(c) has an obligation under section 29 to establish a free growing stand on an area harvested under the timber licence, non-replaceable forest licence, non-replaceable woodlot licence or non-replaceable timber sale licence, and

  Section 30 (2) BEFORE amended by 2006-13-20(b), effective March 30, 2006 (Royal Assent).

(2)  By notice given to the district manager, or timber sales manager in the case of a non-replaceable forest licence that is a BC timber sales agreement, the licence holder may request that the government assume responsibility for carrying out the obligation under section 29 to establish a free growing stand.

  Section 31 BEFORE re-enacted by 2003-55-20, effective January 31, 2004 (BC Reg 7/2004).

  Section 31.1 was enacted by 2021-37-63, effective March 11, 2024 (BC Reg 57/2024).

  Section 32 (4) was added by 2003-55-21, effective January 31, 2004 (BC Reg 7/2004).

  Section 33 (1) (e) BEFORE amended by 2003-55-22, effective January 31, 2004 (BC Reg 7/2004).

(e) be consistent with objectives set by government in relation to the following subjects:

(i)  soils;

(ii)  visual quality;

(iii)  timber;

(iv)  forage and associated plant communities;

(v)  water;

(vi)  fish;

(vii)  wildlife;

(viii)  biodiversity;

(ix)  resource features;

(x)  cultural heritage resources.

  Section 33 (1) (e) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(e) be consistent with objectives set by government and other objectives that are established under this Act or the regulations and that pertain to all or part of the area subject to the plan.

  Section 34 (1) (e) BEFORE amended by 2003-55-23, effective January 31, 2004 (BC Reg 7/2004).

(e) be consistent with objectives set by government in relation to the following subjects:

(i)  soils;

(ii)  visual quality;

(iii)  timber;

(iv)  forage and associated plant communities;

(v)  water;

(vi)  fish;

(vii)  wildlife;

(viii)  biodiversity;

(ix)  resource features;

(x)  cultural heritage resources.

  Section 34 (1) (e) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(e) be consistent with objectives set by government and other objectives that are established under this Act or the regulations and that pertain to all or part of the area subject to the plan.

  Section 35 (1) (d) BEFORE amended by 2003-55-24, effective January 31, 2004 (BC Reg 7/2004).

(d) be consistent with objectives set by government in relation to the following subjects:

(i)  soils;

(ii)  visual quality;

(iii)  timber;

(iv)  forage and associated plant communities;

(v)  water;

(vi)  fish;

(vii)  wildlife;

(viii)  biodiversity;

(ix)  resource features;

(x)  cultural heritage resources.

  Section 35 (2) BEFORE amended by 2003-55-24, effective January 31, 2004 (BC Reg 7/2004).

(2)  If the minister is satisfied as set out in section 32 (2) (b) as to the competence of the holder of a range stewardship plan or an amendment to a range stewardship plan the holder of the plan may specify intended results, strategies or actions to achieve them.

  Section 35 (3) BEFORE amended by 2003-55-24, effective January 31, 2004 (BC Reg 7/2004).

(3)  The intended results specified under subsection (2) may differ from the prescribed requirements referred to in subsection (1) as the minister, at the time of approval of the plan, considers to be appropriate in the circumstances.

  Section 35 (1) (d) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(d) be consistent with objectives set by government and other objectives that are established under this Act or the regulations and that pertain to all or part of the area subject to the plan.

  Section 37 (2) BEFORE amended by 2007-18-79, effective May 31, 2007 (Royal Assent).

(2)  Unless a regulation whenever enacted or an objective of government, whenever established, includes a statement that it applies despite this subsection, a range use plan or range stewardship plan submitted to the minister for approval must be considered to have been prepared in accordance with this Act and the regulations if the plan conforms to the relevant provisions of the Act and regulations as they were 4 months before the date of the submission of the plan to the minister.

  Section 37 (2.1) was added by 2007-18-79, effective May 31, 2007 (Royal Assent).

  Section 38 (1) and (2) BEFORE amended by 2003-55-25, effective January 31, 2004 (BC Reg 7/2004).

  Section 38 (4) BEFORE amended by 2003-55-25, effective January 31, 2004 (BC Reg 7/2004).

(4)  The holder of a range stewardship plan described in subsection (2) (a) or a range use plan mentioned in subsection (2) (b) who knows or reasonably ought to know 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 must amend the plan so that it is sufficient to deal with those issues.

  Section 39 (1) BEFORE amended by 2003-55-26, effective January 31, 2004 (BC Reg 7/2004).

  Section 46 (1) (a) (i) BEFORE amended by 2003-55-27, effective January 31, 2004 (BC Reg 7/2004).

(i)  is acting in accordance with a plan or permit under this Act,

  Section 46 (1) (b) BEFORE amended by 2003-55-27, effective January 31, 2004 (BC Reg 7/2004).

(b) the person does not know or cannot reasonably be expected to know that, because of weather conditions or site factors, the carrying out of the forest practice, range practice or other activity may result, directly or indirectly, in damage specified by regulation.

  Section 46 (2) (c) BEFORE amended by 2003-55-27, effective January 31, 2004 (BC Reg 7/2004).

(c) take any remedial measures that the minister requires.

  Section 46 (3) (b) BEFORE amended by 2003-55-27, effective January 31, 2004 (BC Reg 7/2004).

(b) any remedial measures required under subsection (2) (c) have been carried out to the satisfaction of the minister.

  Section 46 (1) (a) BEFORE amended by 2007-18-80(a), effective July 26, 2007 (BC Reg 266/2007).

(a) the person

(i)  is acting in accordance with a plan, authorization or permit under this Act,

(ii)  is not required to hold a plan or permit because of an exemption under this Act and is acting in accordance with this Act, the regulations and the standards,

(iii)  is carrying out a controlled burn for the purpose of range improvement, wildlife habitat improvement or another purpose authorized by the minister, or

(iv)  is acting in accordance with another enactment, and

  Section 46 (1.1) was added by 2007-18-80(b), effective July 26, 2007 (BC Reg 266/2007).

  Section 46 (2) BEFORE amended by 2007-18-80(c), effective July 26, 2007 (BC Reg 266/2007).

(2)  A person who contravenes subsection (1) must

(a) take appropriate action to prevent any further damage,

(b) promptly notify the district manager of the damage, and

(c) take any remedial measures that the minister requires under section 74.

  Section 46 (3) (part) BEFORE amended by 2007-18-80(d), effective July 26, 2007 (BC Reg 266/2007).

(3)  A person who discontinues a forest practice, a range practice or another activity referred to in subsection (1) may resume that practice or activity only if and when

  Section 46 (3) (a) BEFORE amended by 2007-18-80(e), effective July 26, 2007 (BC Reg 266/2007).

(a) it can be resumed without contravening subsection (1), and

  Section 47 BEFORE re-enacted by 2003-55-28, effective January 31, 2004 (BC Reg 7/2004).

  Section 47 (2) and (3) were added by 2010-12-48, effective June 9, 2011 (BC Reg 104/2011).

  Section 48 BEFORE re-enacted by 2003-55-28, effective January 31, 2004 (BC Reg 7/2004).

  Section 48 (2) and (3) were added by 2010-12-49, effective June 9, 2011 (BC Reg 104/2011).

  Section 51 (7) BEFORE amended by 2003-55-29, effective January 31, 2004 (BC Reg 7/2004).

(7)  The minister may order a person who contravenes subsection (1) or (6) to

  Section 51 (5) BEFORE amended by 2007-18-81, effective May 31, 2007 (Royal Assent).

(5)  If the minister requires security under subsection (3) (c), the minister must specify

  Section 52 (1) (b.1) was added by 2004-31-87, effective March 31, 2005 (BC Reg 38/2005).

  Section 52 (1) (b) BEFORE amended by 2007-18-82, effective May 31, 2007 (Royal Assent).

(b) by the minister, for silviculture, stand tending, forest health or another purpose,

  Section 52 (1) (a) BEFORE amended by 2007-14-104, effective December 1, 2007 (BC Reg 354/2007).

(a) under this Act, the Forest Act, an agreement under the Forest Act or the regulations under this Act or the Forest Act,

  Section 52.1 was enacted by 2007-18-83, effective May 31, 2007 (Royal Assent).

  Section 54 (2) BEFORE amended by 2003-55-30, effective January 31, 2004 (BC Reg 7/2004).

(2)  The minister may order a person who contravenes subsection (1) to

  Section 54 (2) BEFORE amended by 2004-63-12, effective October 21, 2004 (Royal Assent).

(2)  If the minister determines under section 71 that a person has contravened subsection (1), the minister may order the person to

(a) remove or destroy or remove and destroy the building or other structure, or

(b) restore the land under the building or other structure.

  Section 56 (1) (a) BEFORE amended by 2003-55-31, effective January 31, 2004 (BC Reg 7/2004).

(a) the establishment of Crown land as an interpretive forest site, a recreation site or a recreation trail, if the Crown land

(i)  is in a timber supply area, or

(ii)  is subject to a tree farm licence, a woodlot licence, a community forest agreement or a timber licence,

  Section 56 (2) BEFORE repealed by 2003-55-31, effective January 31, 2004 (BC Reg 7/2004).

(2)  Before making an order under subsection (1), the minister must obtain the consent of the holder

(a) of a timber sale licence that does not provide for cutting permits, of a cutting permit, of a free use permit, of a Christmas tree permit, of a road permit, of a timber licence, of a silviculture prescription, of a special use permit or of a licence to cut, other than a licence to cut in the form of a master agreement referred to in section 51 (3) of the Forest Act, or

(b) of an interest issued or granted under the Land Act,

if the holder's rights under the licence, permit, prescription or interest would be adversely affected by the establishment, variation or disestablishment.

  Section 56 (3) and (4) were added by 2003-55-31, effective January 31, 2004 (BC Reg 7/2004).

  Section 56 (1) and (3) BEFORE amended by 2021-37-64, effective July 15, 2024 (BC Reg 219/2024).

(1) The minister may order

(a) the establishment of Crown land as an interpretive forest site, a recreation site or a recreation trail, except Crown land that is subject to another enactment and is being administered by another minister, branch or agency of government,

(b) the variance of the boundaries of an interpretive forest site, a recreation site or a recreation trail, and

(c) the disestablishment of an interpretive forest site, a recreation site or a recreation trail.

(3) The minister may establish an objective for an interpretive forest site, recreation site or recreation trail established under subsection (1).

  Section 57 (4) BEFORE amended by 2003-55-30, effective January 31, 2004 (BC Reg 7/2004).

(4)  The minister may order a person who contravenes subsection (1) to

  Section 57 (2.1) was added by 2007-18-84, effective May 31, 2007 (Royal Assent).

  Section 58 (1) (b) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(b) a recreational use anywhere on Crown land, except a use that is specifically permitted by or under another enactment.

  Section 58 (1) (a) (part) BEFORE amended by 2008-36-127, effective October 4, 2010 (BC Reg 274/2010).

except any non-recreational use permitted under the Coal Act, the Mineral Tenure Act, the Petroleum and Natural Gas Act or the Pipeline Act, or

  Section 58 (1) (a) sandwich text BEFORE amended by 2022-42-60,Sch 1, effective September 1, 2023 (BC Reg 187/2023).

except any non-recreational use permitted under the Coal Act, the Mineral Tenure Act or the Oil and Gas Activities Act, or

  Section 58 (1) (a) (ii) (B) BEFORE amended by 2021-37-65(a), effective July 15, 2024 (BC Reg 219/2024).

(B) a recreation site or recreation trail,

  Section 58 (1) (a) (ii) (C) and (D) were added by 2021-37-65(b), effective July 15, 2024 (BC Reg 219/2024).

  Section 58.1 was enacted by 2005-31-1, effective March 31, 2005 [retro from November 24, 2005 (Royal Assent)].

  Section 58.1 BEFORE re-enacted by 2023-43-131, effective April 1, 2024 (BC Reg 62/2024).

  Section 58.2 was enacted by 2005-31-2, effective January 31, 2004 [retro from November 24, 2005 (Royal Assent)].

  Section 58.2 (3) (d) BEFORE amended by 2019-25-29, effective June 26, 2023 (BC Reg 163/2023).

(d) the references in section 90 of this Act to sections 26 (2), 51 (7), 54 (2), 57 (4), 66 (1) and 74 (1) must be read as references to sections 106 (1), 101 (2), 99 (2), 102 (3), 123 and 118, respectively, of the Forest Practices Code of British Columbia Act,

  Section 58.2 (0.1) was added by 2023-43-132, effective April 1, 2024 (BC Reg 62/2024).

  Section 59 (1) BEFORE amended by 2004-31-88(a), effective March 31, 2005 (BC Reg 38/2005).

(1)  In this Part, "the Acts" means one or more of this Act, the regulations or the standards or the Forest Practices Code of British Columbia Act, the Forest Act, the Range Act or a regulation made under the Forest Practices Code of British Columbia Act, the Forest Act or the Range Act.

  Section 59 (2) (d) BEFORE repealed by 2004-31-88(b), effective March 31, 2005 (BC Reg 38/2005).

(d) is the site of an industrial activity, as defined in section 75 of the Forest Practices Code of British Columbia Act, being carried out in or within 1 km of a forest, or

  Section 59 (1) BEFORE repealed by 2005-31-3, effective March 31, 2005 [retro from November 24, 2005 (Royal Assent)].

(1)  In this Part, "the Acts" means one or more of this Act, the regulations or the standards the Forest Act, the Range Act or a regulation made under the Forest Act or the Range Act.

  Section 59 (1.1) was added by 2006-13-21(a), effective March 30, 2006 (Royal Assent).

  Section 59 (2) BEFORE amended by 2006-13-21(b), effective March 30, 2006 (Royal Assent).

(2)  For any purpose related to the administration or enforcement of the Acts or an agreement under the Forest Act or the Range Act, or related to the verification of a statement made in an application for an agreement under the Forest Act or the Range Act, an official may enter, at any reasonable time, on land or premises, other than a dwelling house or a room being used as a dwelling, if the official has reasonable grounds to believe that the land or premises

(a) has located on it timber that is required to be scaled or marked with a timber mark under the Forest Act,

(b) is the site of a forest or range practice that is regulated under the Acts or is carried on by a person who is required under the Acts to hold a licence or permit to carry out that practice,

(c) is the site of trading in botanical forest products, or

(d) [Repealed 2004-31-88.]

(e) is the site of an activity that under the Acts requires a licence, a permit, a plan or an approval.

  Section 61 (1) BEFORE amended by 2023-43-133, effective November 30, 2023 (Royal Assent).

(1) The minister may order the holder of an agreement under the Forest Act or the Range Act to produce to the district manager specified records that are related to an activity that requires a licence, a permit, a plan or an approval under the Acts or under the agreement.

  Section 66 (6) BEFORE amended by 2004-36-92, effective May 13, 2004 (Royal Assent).

(6)  The official who issued an order under subsection (1) or the minister may rescind the order if the official or the minister determines that there were insufficient grounds for issuing the order.

  Section 67 (3) (b) BEFORE amended by 2004-36-93(a), effective May 13, 2004 (Royal Assent).

(b) sell at a public auction, timber, chattels, timber products or hay seized under subsection (1) (b), (c), (d) or (g).

  Section 67 (7) BEFORE amended by 2004-36-93(b), effective May 13, 2004 (Royal Assent).

(7)  The proceeds from the sale of timber, a chattel or a timber product seized and sold under this section, other than

(a) timber, chattels or timber products referred to in subsection (5) (a) or (b), and

(b) an amount equal to the costs of seizure, storage and sale

must be paid into the consolidated revenue fund, and an amount equal to the costs of seizure, storage and sale may by used to pay those costs or reimburse the payment of those costs.

  Section 67 (1) (c) (iii.1) was added by 2008-30-25, effective May 29, 2008 (Royal Assent).

  Section 67 (1) (c) (ii) BEFORE amended by 2010-11-17(a), effective June 3, 2010 (Royal Assent).

(ii)  has not been scaled under section 94 of the Forest Act and is being or has been

(A)  transported to a place other than the place where it is required to be scaled, or

(B)  used in manufacturing,

  Section 67 (1) (d) BEFORE repealed by 2010-11-17(b), effective June 3, 2010 (Royal Assent).

(d) any timber product that the official has reasonable grounds to believe has been manufactured from timber, including special forest products, that has not been scaled under section 94 of the Forest Act;

  Section 67 (3) (b) BEFORE amended by 2010-11-17(c), effective June 3, 2010 (Royal Assent).

(b) after giving the person from whom the timber, chattels, timber products or hay seized under subsection (1) (b), (c), (d) or (g) an opportunity to be heard, sell at a public auction the timber, chattels, timber products or hay.

  Section 67 (6) BEFORE amended by 2011-13-100, effective July 21, 2011.

(6)  Despite subsection (5), if within 30 days after the sale a person other than the person referred to in subsection (5) serves a notice of a claim to the surplus on the regional manager, the surplus must be retained until the determination of the respective rights of persons claiming the surplus.

  Section 70.1 was enacted by 2023-43-134, effective April 1, 2024 (BC Reg 62/2024).

  Section 71 (1) BEFORE amended by 2003-55-32, effective January 31, 2004 (BC Reg 7/2004).

  Section 71 (3) BEFORE amended by 2003-55-32, effective January 31, 2004 (BC Reg 7/2004).

(3)  If a person's contractor, employee or agent contravenes a provision of the Acts in the course of carrying out the contract, employment or agency, the person also contravenes the provision.

  Section 71 (7) (d.1) was added by 2003-55-32, effective January 31, 2004 (BC Reg 7/2004).

  Section 71 BEFORE re-enacted by 2023-43-135, effective April 1, 2024 (BC Reg 62/2024).

  Section 72 BEFORE amended by 2003-55-33, effective January 31, 2004 (BC Reg 7/2004).

  Section 72 BEFORE re-enacted by 2023-43-135, effective April 1, 2024 (BC Reg 62/2024).

  Section 73 BEFORE re-enacted by 2023-43-135, effective April 1, 2024 (BC Reg 62/2024).

  Section 74 (1) BEFORE amended by 2003-55-34, effective January 31, 2004 (BC Reg 7/2004).

  Section 74 (2) (a) BEFORE amended by 2003-55-34, effective January 31, 2004 (BC Reg 7/2004).

(a) the minister makes an order under subsection (1) of this section or under sections 51 (7), 54 (2) and 57 (4), or

  Section 74 (7) was added by 2003-55-34, effective January 31, 2004 (BC Reg 7/2004).

  Section 74 (1) BEFORE amended by 2004-36-94(a), effective December 13, 2004 (BC Reg 580/2004).

(1)  If the minister determines that a person who is the holder of an agreement under the Forest Act or the Range Act has contravened a provision of this Act, the Forest Practices Code of British Columbia Act, or a regulation or standard made under either Act, the minister may order the holder to do work reasonably necessary to remedy the contravention.

  Section 74 (3) (b) BEFORE amended by 2004-36-94(b), effective December 13, 2004 (BC Reg 580/2004).

(b) carry out the work;

  Section 74 BEFORE re-enacted by 2004-31-89, effective March 31, 2005 (BC Reg 38/2005).

[Note: 2004-31-89 was amended by 2004-63-22, effective October 21, 2004 (Royal Assent).]

  Section 74 (3) BEFORE amended by 2006-13-22, effective March 30, 2006 (Royal Assent).

(3)  If a person, by the date specified in a notice given under subsection (2), does not comply with an order of the minister under subsection (1), the minister may do one or more of the following:

(a) by order restrict or prohibit the person from carrying out the work referred to in the order;

(b) after giving the person an opportunity to be heard, carry out the work;

(c) by order require the person to pay to the government the amount of all direct and indirect costs the minister determines were reasonably incurred in carrying out the work referred to in paragraph (b);

(d) by order levy an administrative penalty not exceeding an amount that is the sum of the costs referred to in paragraph (c);

(e) for the purpose of recovering the costs referred to in paragraph (c) or the administrative penalty referred to in paragraph (d), realize any security provided by the person under the regulations.

  Section 74 (1) (part) BEFORE amended by 2007-18-85(a), effective May 31, 2007 (Royal Assent).

(1)  If the minister determines that a person who

  Section 74 (3) (b) BEFORE amended by 2007-18-85(b), effective May 31, 2007 (Royal Assent).

(b) after giving the person an opportunity to be heard, carry out the work;

  Section 74 BEFORE re-enacted by 2023-43-135, effective April 1, 2024 (BC Reg 62/2024).

  Sections 74.1 to 74.8 were enacted by 2023-43-135, effective April 1, 2024 (BC Reg 62/2024).

  Section 75 BEFORE re-enacted by 2003-55-35, effective January 31, 2004 (BC Reg 7/2004).

  Section 75 BEFORE amended by 2023-43-139, effective April 1, 2024 (BC Reg 62/2024).

  Section 76 BEFORE repealed by 2004-36-95, effective May 13, 2004 (Royal Assent).

  Section 76.1 was enacted by 2004-36-96, effective May 13, 2004 (Royal Assent).

  Section 76.1 BEFORE amended by 2023-43-140, effective April 1, 2024 (BC Reg 62/2024).

  Section 77 BEFORE re-enacted by 2003-55-36, effective January 31, 2004 (BC Reg 7/2004).

  Section 77 (1) BEFORE amended by 2004-36-97, effective December 13, 2004 (BC Reg 580/2004).

(1)  The minister, by order that meets the prescribed requirements, may require the holder of an agreement under the Forest Act or the Range Act to

(a) remedy,

(b) mitigate, or

(c) stop,

in a manner and to the extent that is reasonable in the circumstances, an act or omission of the holder that, if the person does not take the measures or action ordered, the minister has reasonable grounds to believe will result in a contravention of the Acts and will or probably will cause

(d) a catastrophic impact on public health or safety,

(e) any prescribed event or circumstance that will result in a free growing stand required under this Act not being established, or

(f) any prescribed event or circumstance having an adverse impact on the environment.

  Section 77.1 enacted by 2003-55-36, effective January 31, 2004 (BC Reg 7/2004).

  Section 77.1 (1) (c) was added by 2007-18-86(a), effective May 31, 2007 (Royal Assent).

  Section 77.1 (2) (a) BEFORE amended by 2007-18-86(b), effective May 31, 2007 (Royal Assent).

(a) must notify the holder of the agreement of the previously unavailable information, and

  Section 77.1 (2) (b) (v) was added by 2007-18-86(c), effective May 31, 2007 (Royal Assent).

  Section 77.1 (5) BEFORE amended by 2007-18-86(d), effective May 31, 2007 (Royal Assent).

(5)  Despite section 2 of this Act, the minister may not delegate his or her discretion under this section.

  Section 77.1 (5) BEFORE repealed by 2019-25-30, effective June 26, 2023 (BC Reg 163/2023).

(5) Despite section 120.1 of this Act, the minister may not delegate his or her discretion under this section.

  Part 6, Division 4, heading BEFORE amended by 2004-36-98, effective May 13, 2004 (Royal Assent).

Division 4 — Appeals

  Section 78 (2) BEFORE amended by 2004-36-99, effective May 13, 2004 (Royal Assent).

(2)  Despite subsection (1), the minister may order that a determination, other than a determination to levy an administrative penalty under section 71 or 74 (3) (d) is not stayed or is stayed subject to conditions, on being satisfied that a stay would be contrary to the public interest.

  Section 78 (2) BEFORE amended by 2023-43-141, effective April 1, 2024 (BC Reg 62/2024).

(2) Despite subsection (1), the minister may order that a determination, other than a determination to levy an administrative penalty under section 71 or 74 (3) (d) is not stayed or is stayed subject to conditions, on being satisfied that a stay or a stay without those conditions, as the case may be, would be contrary to the public interest.

  Section 79 (1) (b) BEFORE repealed by 2003-55-37, effective January 31, 2004 (BC Reg 7/2004).

(b) clarify the determination, and

  Section 79 (2) BEFORE amended by 2003-55-37, effective January 31, 2004 (BC Reg 7/2004).

(2)  The correction or clarification does not take effect until the date on which the person who is the subject of the determination is notified of it under subsection (3).

  Section 79 (4) BEFORE amended by 2003-55-37, effective January 31, 2004 (BC Reg 7/2004).

(4)  The person who made a determination corrected or clarified under this section must notify the person who is the subject of the determination.

  Section 79 (1) (part) BEFORE amended by 2004-31-90, effective March 31, 2005 (BC Reg 38/2005).

(1)  Within 15 days after a determination is made under section 82 or 95 (2) of the Forest Practices Code of British Columbia Act or under section 16, 26 (2), 27 (2), 32 (2), 37, 51 (7), 54 (2), 57 (4), 66, 71, 74 or 77 of this Act, the person who made the determination may

  Section 79 (1) (part) BEFORE amended by 2023-43-143, effective April 1, 2024 (BC Reg 62/2024).

(1) Within 15 days after a determination is made under section 16, 26 (2), 27 (2), 32 (2), 37, 51 (7), 54 (2), 57 (4), 66, 71, 74 or 77 of this Act, the person who made the determination may

  Section 79 (1) (part) BEFORE amended by 2021-37-69, effective July 15, 2024 (BC Reg 219/2024).

(1) Within 15 days after a determination is made under section 16, 26 (2), 27 (2), 32 (2), 37, 51 (7), 54 (2), 57 (4), 66, 71, 74, 74.2, 74.4, 74.6 or 77 of this Act, the person who made the determination may

  Section 80 (1) BEFORE amended by 2003-55-38, effective January 31, 2004 (BC Reg 7/2004).

  Section 80 (1) BEFORE amended by 2004-36-100(a), effective May 13, 2004 (Royal Assent).

(1)  Subject to subsection (2), at the request of a person who is the subject of a determination under section 82 or 95 (2) of the Forest Practices Code of British Columbia Act or under section 16, 20 (3), 26 (2), 27 (2), 32 (2), 37, 38 (5), 39, 51 (7), 54 (2), 57 (4), 66, 71, 74, 77, 77.1, 97 (3), 107 or 108 of this Act, the person who made the determination, or another person employed in the ministry and designated in writing by the minister must review the determination, but only if satisfied that there is evidence that was not available at the time of the original determination.

  Section 80 (2) BEFORE amended by 2004-36-100(b), effective May 13, 2004 (Royal Assent).

(2)  On a review required under subsection (1) the minister may consider only

  Section 80 (1) BEFORE amended by 2004-31-90, effective March 31, 2005 (BC Reg 38/2005).

(1)  Subject to subsection (2), at the request of a person who is the subject of a determination under section 82 or 95 (2) of the Forest Practices Code of British Columbia Act or under section 16, 20 (3), 26 (2), 27 (2), 32 (2), 37, 38 (5), 39, 51 (7), 54 (2), 57 (4), 66, 71, 74, 77, 77.1, 97 (3), 107, 108, 112 (1) (a) or 155 (2) of this Act, the person who made the determination, or another person employed in the ministry and designated in writing by the minister must review the determination, but only if satisfied that there is evidence that was not available at the time of the original determination.

  Section 80 (1) BEFORE amended by 2021-37-70, effective March 11, 2024 (BC Reg 57/2024).

(1) Subject to subsection (2), at the request of a person who is the subject of a determination under section 16, 20 (3), 26 (2), 27 (2), 32 (2), 37, 38 (5), 39, 51 (7), 54 (2), 57 (4), 66, 71, 74, 77, 77.1, 97 (3), 107, 108, 112 (1) (a) or 155 (2) of this Act, the person who made the determination, or another person employed in the ministry and designated in writing by the minister must review the determination, but only if satisfied that there is evidence that was not available at the time of the original determination.

  Section 80 (1) BEFORE amended by 2023-43-145, effective April 1, 2024 (BC Reg 62/2024).

(1) Subject to subsection (2), at the request of a person who is the subject of a determination under section 16, 20 (3), 26 (2), 27 (2), 32 (2), 37, 38 (5), 39, 51 (7), 54 (2), 57 (4), 66, 71, 74, 77, 77.1, 97 (3), 107, 108 (1) or (2), 108.3 (2), 112 (1) (a) or 155 (2) of this Act, the person who made the determination, or another person employed in the ministry and designated in writing by the minister must review the determination, but only if satisfied that there is evidence that was not available at the time of the original determination.

  Section 80 (1) BEFORE amended by 2021-37-69, effective July 15, 2024 (BC Reg 219/2024).

(1) Subject to subsection (2), at the request of a person who is the subject of a determination under section 16, 20 (3), 26 (2), 27 (2), 32 (2), 37, 38 (5), 39, 51 (7), 54 (2), 57 (4), 66, 71, 74, 74.2, 74.4, 74.6, 77, 77.1, 97 (3), 107, 108 (1) or (2), 108.3 (2), 112 (1) (a) or 155 (2) of this Act, the person who made the determination, or another person employed in the ministry and designated in writing by the minister must review the determination, but only if satisfied that there is evidence that was not available at the time of the original determination.

  Section 81 (1) BEFORE amended by 2004-31-90, effective March 31, 2005 (BC Reg 38/2005).

(1)  If the board first receives the consent of the person who is the subject of a determination under section 82 or 95 (2) of the Forest Practices Code of British Columbia Act or under section 16, 37, 71 or 74 of this Act, the board may require a review of the determination by the person who made the determination, or another person employed in the ministry and designated in writing by the minister.

  Section 81 (1) BEFORE amended by 2023-43-147, effective April 1, 2024 (BC Reg 62/2024).

(1) If the board first receives the consent of the person who is the subject of a determination under section 16, 37, 71 or 74 of this Act, the board may require a review of the determination by the person who made the determination, or another person employed in the ministry and designated in writing by the minister.

  Section 81 (1) BEFORE amended by 2021-37-69, effective July 15, 2024 (BC Reg 219/2024).

(1) If the board first receives the consent of the person who is the subject of a determination under section 16, 37, 71, 74, 74.2, 74.4 or 74.6 of this Act, the board may require a review of the determination by the person who made the determination, or another person employed in the ministry and designated in writing by the minister.

  Section 82 (1) BEFORE amended by 2003-55-39, effective January 31, 2004 (BC Reg 7/2004).

  Section 82 (2) BEFORE amended by 2015-10-84, effective December 18, 2015 (BC Reg 240/2015).

(2) Sections 131 to 141 of the Forest Practices Code of British Columbia Act apply to an appeal under this section.

  Section 83 (3) BEFORE amended by 2003-55-40, effective January 31, 2004 (BC Reg 7/2004).

(3)  Sections 131 to 141 of the Forest Practices Code of British Columbia Act apply to an appeal under subsection (1) or an application under subsection (3).

  Section 83 (2) BEFORE amended by 2004-36-101, effective May 13, 2004 (Royal Assent).

(2)  The board may apply to the commission for an order under section 84 (3) if

  Section 83 (2) (a) BEFORE amended by 2004-31-91, effective March 31, 2005 (BC Reg 38/2005).

(a) an official authorized under section 82 or 95 (2) of the Forest Practices Code of British Columbia Act or the minister authorized under section 71 or 74 of this Act to make a determination has not done so, and

  Section 83 (3) BEFORE repealed by 2015-10-85, effective December 18, 2015 (BC Reg 240/2015).

(3) Sections 131 to 141 of the Forest Practices Code of British Columbia Act apply to an appeal under subsection (1) or an application under subsection (2).

  Section 83 (2) BEFORE amended by 2023-43-149, effective April 1, 2024 (BC Reg 62/2024).

(2) The board may apply to the commission for an order under section 84 (2) if

(a) the minister authorized under section 71 or 74 of this Act to make a determination has not done so, and

(b) a prescribed period has elapsed after the facts relevant to the determination first came to the knowledge of the official or the minister.

  Section 83.1 was enacted by 2015-10-86, effective December 18, 2015 (BC Reg 240/2015).

  Section 84 (3) and (4) BEFORE repealed by 2015-10-85, effective December 18, 2015 (BC Reg 240/2015).

(3) The commission may order that a party or intervener pay another party or intervener any or all of the actual costs in respect of the appeal.

(4) After filing in the court registry, an order under subsection (3) has the same effect as an order of the court for the recovery of a debt in the amount stated in the order against the person named in it, and all proceedings may be taken as if it were an order of the court.

  Section 84 (2) BEFORE amended by 2023-43-151, effective April 1, 2024 (BC Reg 62/2024).

(2) On an application under section 83 by the board the commission may order the official or minister referred to in section 83 (2) to make a determination as authorized under the applicable provision that is referred to in section 83 (2) (a).

  Section 87 (1) BEFORE amended by 2003-55-41, effective January 31, 2004 (BC Reg 7/2004).

  Section 87 (2) to (4) BEFORE amended by 2003-55-41, effective January 31, 2004 (BC Reg 7/2004).

(2)  A person who contravenes section 21 (1) or (2), 22 (2), 29, 55 (a) or 111 (2) commits an offence and is liable on conviction to a fine not exceeding $500 000, or to imprisonment for not more than 2 years, or to both.

(3)  A person who contravenes section 3, 8, 12, 15, 26, 27, 32, 38, 45, 47, 48, 50, 51 (1) or (2), 54, 58, 63, 97 or 117 commits an offence and is liable on conviction to a fine not exceeding $100 000, or to imprisonment for not more than one year, or to both.

(4)  A person who contravenes section 23, 51 (6), 53, 55 (b) or (c) or 57 commits an offence and is liable on conviction to a fine not exceeding $5 000 or to imprisonment for not more than 6 months, or to both.

  Section 87 (3) (b) BEFORE amended by 2004-63-13, effective October 21, 2004 (Royal Assent).

(b) does not comply with an order under section 26 (6), 27 (2), 51 (7) or (8), 54 (2), 57 (4), 66 (1), 74 (1), 77 (1) or (2) or 77.1 (1) or (2),

  Section 87 (4) BEFORE amended by 2004-36-102(b), effective December 13, 2004 (BC Reg 580/2004).

(4)  A person who contravenes section 23 (1), 51 (6), 53 (1) or (2), 55 (b) or (c), 57 (1) or (3), 58 (4) or 70 commits an offence and is liable on conviction to a fine not exceeding $5 000 or to imprisonment for not more than 6 months, or to both.

  Section 87 (1) BEFORE amended by 2007-18-87(a), effective May 31, 2007 (Royal Assent).

(1)  A person who contravenes section 46 (1) or 52 (1) or (3), commits an offence and is liable on conviction to a fine not exceeding $1 000 000, or to imprisonment for not more than 3 years, or to both.

  Section 87 (3) (a) BEFORE amended by 2007-18-87(b) and (c), effective May 31, 2007 (Royal Assent).

(a) contravenes section 3 (1), 8 (1), 12 (1), 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), 47, 48, 50 (1) or (2), 51 (1), (2) or (6), 54 (1), 63 (1) or (2), 97 (2) or 119, or

  Section 87 (3) (a) BEFORE amended by 2021-37-71(a), effective November 25, 2021 (Royal Assent).

(a) contravenes section 3 (1), 8 (1), 12 (1), 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), 46 (1.1), 47, 48, 50 (1) or (2), 51 (1), (2) or (6), 52.1 (3), 54 (1), 63 (1) or (2), 97 (2) or 119, or

  Section 87 (4) BEFORE amended by 2021-37-71(b), effective November 25, 2021 (Royal Assent).

(4) A person who contravenes section 23 (1), 53 (1) or (2), 55 (b) or (c), 57 (1) or (3), 58 (4) or 70 commits an offence and is liable on conviction to a fine not exceeding $5 000 or to imprisonment for not more than 6 months, or to both.

  Section 87 (2) BEFORE amended by 2021-37-72(a), effective March 11, 2024 (BC Reg 57/2024).

(2) A person who contravenes section 21 (1), 22 (2), 29 (1) or (3) or 55 (a) commits an offence and is liable on conviction to a fine not exceeding $500 000, or to imprisonment for not more than 2 years, or to both.

  Section 87 (3) (a) BEFORE amended by 2021-37-72(b), effective March 11, 2024 (BC Reg 57/2024).

(a) contravenes section 3 (1), 8 (1), 12 (1), 15 (2), 22.1 (1) or (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), 54 (1), 63 (1) or (2), 97 (2) or 119, or

  Section 87 (4) BEFORE repealed by 2021-37-72(c), effective March 11, 2024 (BC Reg 57/2024).

(4) A person who contravenes section 53 (1) or (2), 55 (b) or (c), 57 (1) or (3), 58 (4) or 70 commits an offence and is liable on conviction to a fine not exceeding $5 000 or to imprisonment for not more than 6 months, or to both.

  Section 87 (2) and (3) BEFORE amended by 2021-37-74, effective July 15, 2024 (BC Reg 219/2024).

(2) A person who contravenes section 21 (1), 22 (2), 22.1 (1), 23.1 (1), 29 (1) or (3), 55 (a) or 110.1 (1) or (2) commits an offence and is liable on conviction to a fine not exceeding $500 000, or to imprisonment for not more than 2 years, or to both.

(3) A person who

(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

(b) does not comply with an order under section 16 (5), 26 (6), 27 (2), 51 (7) or (8), 54 (2), 57 (4), 58 (1), 66 (1), 74 (1), 77 (1) or (2) or 77.1 (1) or (2),

commits an offence and is liable on conviction to a fine not exceeding $100 000, or to imprisonment for not more than one year, or to both.

  Section 89 (1) BEFORE amended by 2003-55-42, effective January 31, 2004 (BC Reg 7/2004).

  Section 90 (1) BEFORE amended by 2003-55-43, effective January 31, 2004 (BC Reg 7/2004).

  Section 90 (1) (part) BEFORE amended by 2004-31-92, effective March 31, 2005 (BC Reg 38/2005).

(1)  If the minister considers that a person is not complying, or has not complied, with an order made under section 82 of the Forest Practices Code of British Columbia Act or under section 26 (2), 27 (2), 38 (5), 39 (2), 51 (7), 54 (2), 57 (4), 58 (1), 61 (1), 66 (1), 74 (1) or 77 of this Act, the minister may apply to the Supreme Court for either or both of the following:

  Section 90 (1) (part) BEFORE amended by 2019-25-34(part), effective June 26, 2023 (BC Reg 163/2023).

(1) If the minister considers that a person is not complying, or has not complied, with an order made under section 26 (2), 27 (2), 38 (5), 39 (2), 51 (7), 54 (2), 57 (4), 58 (1), 61 (1), 66 (1), 74 (1) or 77 of this Act, the minister may apply to the Supreme Court for either or both of the following:

  Section 90 (1) (part) BEFORE amended by 2023-43-152, effective April 1, 2024 (BC Reg 62/2024).

(1) If the minister considers that a person is not complying, or has not complied, with an order made under section 26 (6), 27 (2), 38 (5), 39 (2), 51 (7), 54 (2), 57 (4), 58 (1), 61 (1), 66 (1), 74 (1) or 77 of this Act, the minister may apply to the Supreme Court for either or both of the following:

  Section 92 BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

  Section 93 BEFORE amended by 2019-25-35, effective June 26, 2023 (BC Reg 163/2023).

  Section 97 (2) BEFORE amended by 2003-55-44, effective January 31, 2004 (BC Reg 7/2004).

(2)  A person contravenes the Act if the person

(a) without lawful excuse, intentionally interferes with a person acting in an official capacity,

(b) without lawful excuse, intentionally does not comply with a lawful requirement of a person acting in an official capacity, or

(c) intentionally makes a false statement to or misleads or attempts to mislead a person acting in an official capacity.

  Section 97 (3) BEFORE amended by 2003-55-44, effective January 31, 2004 (BC Reg 7/2004).

if the minister considers that a person has contravened subsection (2) and that a plan or permit has been obtained as a result of that contravention.

  Section 97 (1) (b) BEFORE amended by 2004-36-103, effective May 13, 2004 (Royal Assent).

(b) is exercising a power or performing a duty or function under this Act, the regulations or the standards.

  Section 97 (1) (b) BEFORE amended by 2007-14-103, effective December 1, 2007 (BC Reg 354/2007).

(b) exercising a power or performing a duty or function under this Act, the regulations or the standards.

  Section 97 (3) (a) BEFORE amended by 2021-37-75, effective July 15, 2024 (BC Reg 219/2024).

(a) a forest stewardship plan, a woodlot licence plan, a range use plan or a range stewardship plan, or

  Section 98 (part) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

  Section 100 (1) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(1)  In a prosecution for an offence under this Act or the regulations, it is sufficient proof of the offence to establish that it was committed by the defendant's contractor, employee or agent.

  Section 102 BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

  Part 6, Division 6, section 103.1, was enacted by 2021-37-76, effective April 1, 2024 (BC Reg 62/2024).

  Section 104 BEFORE repealed by 2003-55-45, effective January 31, 2004 (BC Reg 7/2004).

  Section 106 (1) BEFORE amended by 2003-55-46, effective January 31, 2004 (BC Reg 7/2004).

directly or indirectly, as a result of the person's non-compliance with an order under section 27.

  Section 106 (3) BEFORE amended by 2007-14-213,Sch, effective December 1, 2007 (BC Reg 354/2007).

(3)  A person is liable to the government for an economic gain that results, directly or indirectly, from the person's act or omission that would have been a contravention or an offence under this Act or regulations if it were not for the defence of due diligence, mistake of fact or officially induced error.

  Section 106.1 was enacted by 2004-36-104, effective May 13, 2004 (Royal Assent).

  Section 107 (1) BEFORE amended by 2003-55-47, effective January 31, 2004 (BC Reg 7/2004).

  Section 107 (3.1) was added by 2003-55-47, effective January 31, 2004 (BC Reg 7/2004).

  Section 107 (5) BEFORE repealed by 2003-55-47, effective January 31, 2004 (BC Reg 7/2004).

(5)  The holder who makes a declaration under subsection (1) in relation to an obligation to establish a free growing stand on an area remains responsible for the obligation if at the time of the declaration it is reasonably foreseeable that the stand on the area will not remain a free growing stand.

  Section 107 BEFORE re-enacted by 2004-36-105, effective May 13, 2004 (Royal Assent).

  Section 107 (1) (a) BEFORE amended by 2007-14-105, effective December 1, 2007 (BC Reg 354/2007).

(a) obligations under this Act, the regulations or standards, or under an operational plan, permit or other authorization, that have been fulfilled, and

  Section 107 BEFORE amended by 2021-37-77, effective March 11, 2024 (BC Reg 57/2024).

  Section 108 (1) BEFORE amended by 2003-55-48, effective January 31, 2004 (BC Reg 7/2004).

  Section 108 (2) to (6) BEFORE amended by 2003-55-48, effective January 31, 2004 (BC Reg 7/2004).

(2)  The district manager must grant

(a) the relief described in subsection (3), or

(b) the funding described in subsection (4)

to a person having an obligation to establish a free growing stand if the person satisfies the district manager that

(c) because of an event causing damage, the obligation to establish the free growing stand cannot be met without significant extra expense than would have been the case if the damage had not occurred, and

(d) the person

(i)  did not cause or contribute to the cause of the damage,

(ii)  exercised due diligence in relation to the cause of the damage, or

(iii)  contributed to the cause of the damage but only as a result of an officially induced error.

(3)  The relief, that must be granted under subsection (1) or that may be granted under subsection (2) (a), from an obligation by the district manager to a person is relief from

(a) the person's obligation to the extent only that the obligation cannot be met without significant extra expense related to the damage referred to in subsection (1) or (2), or

(b) the person's obligation in full if the district manager considers that the remaining obligation, after taking paragraph (a) of this subsection into account, is inconsequential.

(4)  The funding for an obligation, that may be granted under subsection (2) (b) by the district manager to a person, is funding to the extent only that is required for the purpose of restoring the stand of trees on the area affected by the event referred to in subsection (2)

(a) to the stage the stand had reached at the time of the damage caused by the event, or

(b) to the stage that is consistent with the person's obligation in that regard as modified by a regulation under subsection (7).

(5)  A decision in any proceedings, that a person having an obligation referred to in subsection (1) or (2) did or did not do any of the things referred to in subsection (1) (b) or (2) (d), is binding on the district manager.

(6)  The district manager may not under this section grant relief or funding in respect of an event causing damage if the event occurred before the coming into force of this subsection.

  Section 108 (4) (b) BEFORE amended by 2003-55-48, effective January 31, 2004 (BC Reg 7/2004).

(b) to the stage that is consistent with the person's obligation in that regard as modified by a regulation under subsection (7).

  Section 108 (7) BEFORE amended by 2003-55-48, effective January 31, 2004 (BC Reg 7/2004).

(7)  The Lieutenant Governor in Council may make regulations

(a) respecting the modification of an obligation referred to in subsection (2) to establish a free growing stand, and

(b) for the purpose of subsection (6), resolving any doubts as to

(i)  what constitutes an event, or

(ii)  when an event occurred.

  Section 108 (6) BEFORE amended by 2004-36-106, effective May 13, 2004 (Royal Assent).

(6)  The minister may not under this section grant relief or funding in respect of an event causing damage if the event occurred before the coming into force of this subsection.

  Section 108 (1) (part) BEFORE amended by 2007-14-106, effective December 1, 2007 (BC Reg 354/2007).

(1)  The minister must grant the relief described in subsection (3) to a person who has an obligation under this Act, the regulations, standards or operational plan, other than

  Section 108 (5) BEFORE amended by 2008-20-35, effective May 29, 2008 (Royal Assent).

(5)  A decision in any proceedings, that a person having an obligation referred to in subsection (1) or (2) did or did not do any of the things referred to in subsection (1) (b) or (2) (d), is binding on the minister.

  Section 108 BEFORE amended by 2021-37-78, effective March 11, 2024 (BC Reg 57/2024).

  Section 108.2 was enacted by 2021-37-79(part), effective March 11, 2024 (BC Reg 57/2024).

  Section 108.3 was enacted by 2021-37-79(part), effective March 11, 2024 (BC Reg 57/2024).

  Section 108.4 was enacted by 2021-37-79(part), effective March 11, 2024 (BC Reg 57/2024).

  Section 108.5 (part) was enacted by 2021-37-79(part), effective March 11, 2024 (BC Reg 57/2024).

  Section 108.6 was enacted by 2021-37-79(part), effective March 11, 2024 (BC Reg 57/2024).

  Section 109 (5) BEFORE repealed by 2004-36-107, effective May 13, 2004 (Royal Assent).

(5)  A person must not disclose, or be compelled to disclose in proceedings before a court any information obtained in the exercise of a power or the performance of a duty or function under this Act, the regulations or the standards except in the following matters:

(a) a trial of a person for perjury;

(b) a proceeding to enforce powers of investigation under this Act;

(c) a prosecution for an offence under section 97;

(d) a review or appeal under this Act.

  Section 109 (2) (part) BEFORE amended by 2007-14-103 and 107(a), effective December 1, 2007 (BC Reg 354/2007).

(2)  Each of the following persons must take an oath that he or she will not disclose information obtained under this Act, the regulations or the standards except as permitted by this section and the Freedom of Information and Protection of Privacy Act and the regulations under that Act:

  Section 109 (3) (part) BEFORE amended by 2007-14-103, effective December 1, 2007 (BC Reg 354/2007).

(3)  A person must not disclose any information obtained in the exercise of a power or the performance of a duty or function under this Act, the regulations or the standards except

  Section 109 (3) (b) BEFORE amended by 2007-14-107(b), effective December 1, 2007 (BC Reg 354/2007).

(b) as permitted in this section or under the Freedom of Information and Protection of Privacy Act or the regulations under that Act.

  Section 109 (4) BEFORE amended by 2007-14-103, effective December 1, 2007 (BC Reg 354/2007).

(4)  A person may disclose to the government any information obtained in the exercise of a power or the performance of a duty or function under this Act, the regulations or the standards.

  Section 109 (3) (a) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(a) as required for the performance of his or her duties under this Act or the regulations, or

  Section 110 (1) (c) BEFORE amended by 2003-52-75, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(c) if the person is a municipal corporation, a regional district or another local government body, by leaving it with or sending it by registered mail to the local government officer assigned responsibility under section 198 of the Local Government Act, the deputy of that officer or some similar local government officer.

  Section 110 (1) (b) (i) (C) BEFORE amended by 2003-70-152, effective March 29, 2004 (BC Reg 64/2004).

(C)  an attorney of the corporation appointed under section 304 of the Company Act,

  Section 110 (1) (b) (ii) BEFORE amended by 2003-70-152, effective March 29, 2004 (BC Reg 64/2004).

(ii)  by leaving it at the registered office of the corporation if the corporation is incorporated under the Company Act, or

  Section 110 (1) (b) (iii) (A) and (B) BEFORE amended by 2003-70-152, effective March 29, 2004 (BC Reg 64/2004).

(A)  the registered office of the corporation,

(B)  the attorney of the corporation appointed under section 304 of the Company Act, or

  Section 110 (1) (part) BEFORE amended by 2007-14-103, effective December 1, 2007 (BC Reg 354/2007).

(1)  A notice or another document that the government, board or commission is required or permitted to give to a person under this Act, the regulations or the standards may be given by giving it, or a copy of it, to the person as follows:

  Section 110 (1) (part) BEFORE amended by 2015-10-87, effective December 18, 2015 (BC Reg 240/2015).

(1) A notice or another document that the government, board or commission is required or permitted to give to a person under this Act may be given by giving it, or a copy of it, to the person as follows:

  Section 110.1 was enacted by 2021-37-80, effective November 25, 2021 (Royal Assent).

  Section 111 BEFORE re-enacted by 2003-55-49, effective January 31, 2004 (BC Reg 7/2004).

  Section 112 (3) was added by 2004-36-108, effective May 13, 2004 (Royal Assent).

  Section 112 (1) (part) and (3) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(1)  Except in prescribed circumstances a person with a discretion under this Act to make an order, grant an exemption, give a consent, grant an approval, or grant an authorization under this Act or the regulations may

(3)  If a person is the subject of an order, exemption or condition under this Act or the regulations, the person must comply with the order, exemption or condition.

  Section 112 (1) and (2) BEFORE amended by 2021-37-81, effective November 25, 2021 (Royal Assent).

(1) Except in prescribed circumstances a person with a discretion under this Act to make an order, grant an exemption, give a consent, grant an approval, or grant an authorization under this Act may

(a) impose conditions that the person considers necessary or desirable in respect of the order, exemption, consent or approval, and

(b) remove or vary the conditions by own motion or on the application of a person who is the subject of the order, exemption, consent or approval.

(2) A condition imposed under subsection (1) is conclusively deemed to be part of the order, exemption, consent or approval in respect of which it is imposed, whether contained in or attached to it or contained in a separate document.

  Section 113 BEFORE re-enacted by 2004-36-109, effective May 13, 2004 (Royal Assent).

  Section 113 BEFORE re-enacted by 2007-14-108, effective December 1, 2007 (BC Reg 354/2007).

  Section 114 BEFORE re-enacted by 2004-36-110, effective May 13, 2004 (Royal Assent).

  Section 114 BEFORE re-enacted by 2007-18-88, effective May 31, 2007 (Royal Assent).

  Section 116 (2) BEFORE repealed by 2004-36-111, effective May 13, 2004 (Royal Assent).

(2)  Taking remedial action after an offence or a contravention has occurred does not affect any fine, imprisonment, fee or penalty to which a person may be liable under this Act, the regulations or the standards, for the offence or contravention.

  Section 116 (1) BEFORE amended by 2007-14-103, effective December 1, 2007 (BC Reg 354/2007).

(1)  An amendment to an operational plan does not affect any fine, imprisonment, fee, charge or penalty to which a person may be liable under this Act, the regulations or the standards, if the offence or contravention occurred before the amendment.

  Section 117 BEFORE repealed by 2004-31-93, effective March 31, 2005 (BC Reg 38/2005).

  Section 118 (1) BEFORE amended by 2003-55-50, effective January 31, 2004 (BC Reg 7/2004).

  Section 118 (2) (a) BEFORE amended by 2003-55-50, effective January 31, 2004 (BC Reg 7/2004).

(a) the chief forester may enter into agreements for the growing and disposing of seeds, seedlings and vegetative propagules,

  Section 118 (2) (c) BEFORE amended by 2003-55-50, effective January 31, 2004 (BC Reg 7/2004).

(c) the minister or an official designated by the minister may enter into agreements under which the government provides forest protection, forest health services, or fire control or suppression services, or

  Section 118 (2) (c) BEFORE amended by 2004-31-94, effective March 31, 2005 (BC Reg 38/2005).

(c) the minister or an official designated by the minister may enter into agreements under which the government provides forest or range protection, forest or range health services, or fire control or suppression services, or

  Section 118 (2) (d) BEFORE amended by BC Reg 344/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 344/2006).

(d) an official designated by the minister may enter into an agreement with a person to develop, expand, maintain, repair or close an interpretative forest site, a recreation site or a recreation trail.

  Section 118 (2) (c) BEFORE amended by 2015-26-29(a),(b), effective July 28, 2015 (BC Reg 150/2015).

(c) the minister or an official designated by the minister may enter into agreements under which the government provides forest or range protection, forest or range health services, or

  Section 118 (3) BEFORE amended by 2015-26-29(a),(b), effective July 28, 2015 (BC Reg 150/2015).

(3) An amount equal to any money paid to the government under an agreement referred to in subsection (2) (c) for a purpose specified in that subsection

  Section 118 (4) was added by 2015-26-29(c), effective July 28, 2015 (BC Reg 150/2015).

  Section 118 (2) (d) BEFORE amended by 2021-37-82, effective July 15, 2024 (BC Reg 219/2024).

(d) an official designated by the minister may enter into an agreement with a person to develop, expand, maintain, repair or close an interpretive forest site, a recreation site or a recreation trail.

  Section 119 BEFORE amended by 2007-14-103, effective December 1, 2007 (BC Reg 354/2007).

  Section 120 (2) BEFORE amended by 2004-36-112, effective May 13, 2004 (Royal Assent).

(2)  If a person is required under this Act, the regulations or the standards to submit an operational plan for approval to a person acting on behalf of the government, any implementation of the plan is at the person's own expense.

  Section 120 (2) BEFORE amended by 2007-14-103, effective December 1, 2007 (BC Reg 354/2007).

(2)  If a person is required under this Act, the regulations or the standards to submit an operational plan for approval to a person acting on behalf of the government, any implementation of the plan is at the person's own expense unless another provision of this Act or the regulations specifically provides otherwise.

  Part 7, Division 3, sections 120.1 to 120.3 were enacted by 2007-18-89, effective May 31, 2007 (Royal Assent).

  Section 120.2 BEFORE amended by 2019-25-38, effective June 26, 2023 (BC Reg 163/2023).

  Section 121 BEFORE re-enacted by 2003-55-51, effective January 31, 2004 (BC Reg 7/2004).

  Section 121 (d) BEFORE repealed by 2004-36-113, effective October 20, 2005 (BC Reg 307/2005).

(d) a person responsible for establishing a free growing stand as a result of an agreement referred to in section 29 (5),

  Section 122 (2) was added by 2003-55-52, effective January 31, 2004 (BC Reg 7/2004).

  Section 122 (1) BEFORE amended by 2008-4-31, effective March 31, 2008 (RA).

(1)  In accordance with the regulations, the board must carry out periodic independent audits and may carry out special investigations to determine

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

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

  Section 122 (2) (a) BEFORE amended by 2008-30-27, effective May 29, 2008 (Royal Assent).

(a) while carrying out under subsection (1) (a) an audit or investigation of a party, the board finds that the party complied with the requirements audited or investigated, and

  Section 122 (1) (c) BEFORE amended by 2021-37-83, effective July 15, 2024 (BC Reg 219/2024).

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

  Section 125 (6) BEFORE amended by 2004-57-13, effective December 3, 2004 (BC Reg 516/2004).

(6)  In conducting an audit, a special investigation or a complaint investigation, the board members have the protection, privileges and powers of a commissioner under sections 12, 15 and 16 of the Inquiry Act.

  Section 125 (7) was added by 2004-57-13, effective December 3, 2004 (BC Reg 516/2004).

  Section 125.1 was enacted by 2004-57-14, effective December 3, 2004 (BC Reg 516/2004).

  Section 125.2 was enacted by 2004-57-14, effective December 3, 2004 (BC Reg 516/2004).

  Section 131 (1) BEFORE amended by 2003-55-53, effective January 31, 2004 (BC Reg 7/2004).

  Section 131 (1.1) was added by 2003-55-53, effective January 31, 2004 (BC Reg 7/2004).

  Section 135 BEFORE re-enacted by 2004-36-114, effective May 13, 2004 (Royal Assent).

  Section 136 (2) to (6) BEFORE amended by 2003-47-30, effective February 13, 2004 (BC Reg 45/2004).

(2)  The board consists of a chair, one or more vice chairs and other members the Lieutenant Governor in Council may appoint.

(3)  Appointments under subsection (2) may be for a term not exceeding 3 years.

(4)  The Lieutenant Governor in Council may

(a) appoint a person as a temporary member to deal with a matter before the board, or for a specified period or during specified circumstances, and

(b) designate a temporary member as chair.

(5)  A temporary member has all the powers and may perform all the duties of a member of the board during the period or under the circumstances or for the purpose of the appointment.

(6)  The Lieutenant Governor in Council may determine the remuneration, reimbursement of expenses and other conditions of employment of

(a) the chair, vice chair and other members of the board, and

(b) persons appointed under the regulations to carry out audits.

  Section 136 (5) BEFORE amended by 2004-45-101, effective December 3, 2004 (BC Reg 516/2004).

[Note: above was amended by 2004-57-8, effective December 3, 2004 (BC Reg 516/2004).]

(5)  The Administrative Tribunals Appointment and Administration Act applies to the board.

  Section 136 (7) was added by 2004-57-15, effective December 3, 2004 (BC Reg 516/2004).

  Section 136 (5) BEFORE amended by 2007-14-33, effective October 18, 2007 (BC Reg 311/2007).

(5)  Sections 1 to 10, 44 and 55 of the Administrative Tribunals Act apply to the board.

  Section 136 (2) (part) BEFORE amended by 2017-10-62,Sch 3, effective November 2, 2017 (Royal Assent).

(2) The board consists of the following members appointed by the Lieutenant Governor in Council after a merit based process:

  Part 8.1, sections 140.1 to 140.7 were enacted by 2015-10-88, effective December 18, 2015 (BC Reg 240/2015).

  Section 141 (3) BEFORE amended by 2007-18-90, effective May 31, 2007 (Royal Assent).

(3)  The Lieutenant Governor in Council may make a regulation defining a word or expression used but not defined in this Act.

  Section 142 (b) BEFORE amended by 2004-31-95, effective March 31, 2005 (BC Reg 38/2005).

(b) agreements under the Range Act, and

  Section 142 (c) BEFORE repealed by 2004-31-95, effective March 31, 2005 (BC Reg 38/2005).

(c) obligations under this Act, the Forest Practices Code of British Columbia Act or the regulations and standards under either.

  Section 142 (2) BEFORE amended by 2006-13-19, effective March 30, 2006 (Royal Assent).

(2)  The Lieutenant Governor in Council may make regulations respecting the furnishing of information, to the minister or to an employee in the Ministry of Forests, including but not limited to regulations concerning matters related to

(a) agreements under the Forest Act, and

(b) agreements under the Range Act.

(c) [Repealed 2004-31-95.]

  Section 142 (2) (part) and (3) BEFORE amended by 2019-25-39, effective June 26, 2023 (BC Reg 163/2023).

(2) The Lieutenant Governor in Council may make regulations respecting the furnishing of information, to the minister or to an employee in the ministry of the minister responsible for the administration of this Act, including but not limited to regulations concerning matters related to

(3) Without limiting subsections (1) and (2) the Lieutenant Governor in Council may make regulations respecting

(a) the furnishing of information on request or at specified times, and

(b) in a specified format including electronically.

  Section 143 (1) BEFORE amended by 2007-14-103, effective December 1, 2007 (BC Reg 354/2007).

(1)  The Lieutenant Governor in Council may make regulations respecting fees or charges for the provision under this Act to any person by the government, or by the board, commission or council, if any, under this Act, the regulations or the standards, of a service or any property or use of property.

  Section 144 (1) BEFORE amended by 2007-14-109, effective December 1, 2007 (BC Reg 354/2007).

(1)  The Lieutenant Governor in Council may make regulations respecting deposits and security of any kind, including but not limited to money, to be provided by the holder of an agreement under the Forest Act or the Range Act to ensure the performance of an obligation under this Act, the Forest Act, the Range Act, the regulations under any of them or an agreement entered into under any of those Acts or regulations.

  Section 145 BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

  Section 146 (3) BEFORE amended by 2007-14-103, effective December 1, 2007 (BC Reg 354/2007).

(3)  The Lieutenant Governor in Council may make regulations restricting the minister's authority to exempt a person from a provision under this Act, the regulations or the standards.

  Section 147 BEFORE amended by 2023-43-154, effective November 30, 2023 (Royal Assent).

  Section 148 BEFORE amended by 2021-37-84, effective July 15, 2024 (BC Reg 219/2024).

  Section 149 BEFORE re-enacted by 2003-55-54, effective January 31, 2004 (BC Reg 7/2004).

  Section 149 (2) BEFORE amended by 2010-17-19, effective February 23, 2011 (BC Reg 47/2011).

(2)  In case of an inconsistency between

(a) an objective set by government prescribed under this section, and

(b) an objective referred to in paragraph (b) of the definition of "objectives set by government" in section 1 (1),

the latter objective prevails to the extent of the inconsistency.

  Section 149 (1) (l) was added by 2021-37-85, effective March 11, 2024 (BC Reg 57/2024).

  Section 149.1 was enacted by 2003-55-55, effective January 31, 2004 (BC Reg 7/2004).

  Sections 149.1 (1) (a) (part) BEFORE amended by BC Reg 389/2007 under RS1996-440-12, effective November 23, 2007 (BC Reg 389/2007).

(a) authorizing the Minister of Water, Land and Air Protection to establish one or more of the following:

  Sections 149.1 (2) BEFORE amended by BC Reg 389/2007 under RS1996-440-12, effective November 23, 2007 (BC Reg 389/2007).

(2)  The Minister of Water, Land and Air Protection may not establish an objective referred to in subsection (1) (a) (i) or (ii) for an area unless the objective is consistent with the objectives set by government that pertain to the area.

  Section 149.1 (1) (a) (iii.1) and (v) were added by 2019-25-41, effective June 26, 2023 (BC Reg 163/2023).

  Section 150 BEFORE re-enacted by 2003-55-56, effective January 31, 2004 (BC Reg 7/2004).

  Section 150 (1) (a) BEFORE amended by BC Reg 389/2007 under RS1996-440-12, effective November 23, 2007 (BC Reg 389/2007).

  Section 150 (1) (a) (ii) BEFORE amended by 2014-15-167, effective February 29, 2016 (BC Reg 35/2016).

(ii) the minister responsible for the Water Act to establish water quality objectives in relation to a community watershed, and

  Sections 150.1 to 150.5 were enacted by 2003-55-56, effective January 31, 2004 (BC Reg 7/2004).

  Section 150.1 (1) (part) and (2) BEFORE amended by BC Reg 389/2007 under RS1996-440-12, effective November 23, 2007 (BC Reg 389/2007).

(1)  The Lieutenant Governor in Council may make regulations authorizing the Minister of Water, Land and Air Protection to

(2)  The Minister of Water, Land and Air Protection may not specify an objective referred to in subsection (1) (b) for an area unless the objective is consistent with the objectives set by government that pertain to the area.

  Section 150.3 (1) (a) BEFORE amended by BC Reg 389/2007 under RS1996-440-12, effective November 23, 2007 (BC Reg 389/2007).

(a) authorizing the Minister of Sustainable Resource Management to designate an area of land as a scenic area,

  Section 150.4 BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

  Section 150.5 (e) BEFORE amended by BC Reg 5/10 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).

(e) authorizing the Minister of Water, Land and Air Protection, in prescribed circumstances, to designate streams as temperature sensitive streams.

  Section 151 (1) (d) and (e) BEFORE repealed by 2003-55-57, effective January 31, 2004 (BC Reg 7/2004).

(d) requirements for the making and submitting of assessments, reports or records,

(e) respecting the retention of a record required to be prepared under this Act,

  Section 151 (2) BEFORE amended by 2003-55-57, effective January 31, 2004 (BC Reg 7/2004).

(2)  The Lieutenant Governor in Council may make regulations respecting forest practices including but not limited to regulations

(a) prescribing requirements in relation to biological diversity, soil conservation and silviculture stocking standards, and

(b) respecting surveys required or permitted under this Act or the regulations.

  Section 151 (3) was added by 2004-36-115, effective May 13, 2004 (Royal Assent).

  Section 151 (2) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(2)  The Lieutenant Governor in Council may make regulations respecting surveys, records and reports required or permitted under this Act or the regulations.

  Section 151.1 was enacted by 2019-25-43, effective April 1, 2024 (BC Reg 163/2023).

  Section 151.2 was enacted by 2021-37-86, effective July 15, 2024 (BC Reg 219/2024).

  Section 152 BEFORE repealed by 2003-55-58, effective January 31, 2004 (BC Reg 7/2004).

  Section 153 (3) was added by 2010-12-51, effective June 9, 2011 (BC Reg 104/2011).

  Section 153 (2) (b.1) was added by 2021-37-87, effective July 15, 2024 (BC Reg 219/2024).

  Section 154 BEFORE re-enacted by 2003-55-59, effective January 31, 2004 (BC Reg 7/2004).

  Section 154 (2) (a) (ii) BEFORE amended by BC Reg 5/10 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).

(ii)  authorizing the Minister of Water, Land and Air Protection to identify a resource feature that is a wildlife habitat feature, and

  Section 155 (1) BEFORE amended by 2021-37-88, effective November 25, 2021 (Royal Assent).

(1) The Lieutenant Governor in Council may make regulations respecting the following:

(a) the use of forest service roads and rights of way;

(b) the regulation or prohibition of the use and operation of vehicles or classes of vehicles on forest service roads or rights of way;

(c) the regulation or prohibition of road construction, maintenance or deactivation;

(d) the transfer of an obligation to maintain or deactivate a road.

  Section 155 (3) was added by 2021-37-90, effective November 25, 2021 (Royal Assent).

  Section 155 (1) (e) (part) BEFORE amended by 2023-43-155(a), effective April 1, 2024 (BC Reg 62/2024).

(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

  Section 155 (3) BEFORE amended by 2023-43-155(b), effective April 1, 2024 (BC Reg 62/2024).

(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.

  Section 156 BEFORE repealed by 2021-37-91, effective July 15, 2024 (BC Reg 219/2024).

  Section 156.1 was enacted by 2021-37-92, effective March 11, 2024 (BC Reg 57/2024).

  Section 157 (2) (d) (ii) BEFORE amended by 2021-37-93, effective July 15, 2024 (BC Reg 219/2024).

(ii) harvested from an area where the holder of the agreement is exempt from the requirement to prepare a forest stewardship plan or a woodlot licence plan,

  Section 162 BEFORE amended by 2003-55-60, effective January 31, 2004 (BC Reg 7/2004).

  Section 162 BEFORE amended by 2007-14-110, effective December 1, 2007 (BC Reg 354/2007).

  Section 162.1 was enacted by 2021-37-94, effective March 11, 2024 (BC Reg 57/2024).

  Section 163 (1) BEFORE amended by 2003-55-61, effective January 31, 2004 (BC Reg 7/2004).

  Section 163 (2) (a) BEFORE amended by 2003-55-61, effective January 31, 2004 (BC Reg 7/2004).

(a) this Act, the regulations or the standards;

  Section 163 (3) was added by 2003-55-61, effective January 31, 2004 (BC Reg 7/2004).

  Section 163 (1) BEFORE repealed by 2004-31-96(a), effective March 31, 2005 (BC Reg 38/2005).

(1)  The Lieutenant Governor in Council may make regulations respecting administrative remedies under this Act, the regulations or the standards or the Forest Practices Code of British Columbia Act, the Forest Act, the Range Act or a regulation made under the Forest Practices Code of British Columbia Act, the Forest Act or the Range Act.

  Section 163 (2) (a) BEFORE repealed by 2004-31-96(b), effective March 31, 2005 (BC Reg 38/2005).

(a) this Act, the regulations or the standards or the Forest Practices Code of British Columbia Act, the Forest Act, the Range Act or a regulation made under the Forest Practices Code of British Columbia Act, the Forest Act or the Range Act;

  Section 163 (1) BEFORE amended by 2007-14-111, effective December 1, 2007 (BC Reg 354/2007).

(1)  The Lieutenant Governor in Council may make regulations respecting administrative remedies under this Act, the regulations or the standards or the Forest Act, the Range Act or a regulation made under the Forest Act or the Range Act.

  Section 163 (2) (c) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(c) a permit under this Act or the regulations.

  Section 163 (3) BEFORE amended by 2023-43-156(a) to (c), effective April 1, 2024 (BC Reg 62/2024).

(3) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting the levying of an administrative penalty or of administrative penalties in equal or unequal proportions against 2 or more persons involved in the contravention that gives rise to the penalty or penalties, including regulations prescribing

(a) circumstances in which the penalties may be levied, and

(b) formulas that may be applied in levying the penalties.

  Section 163 (4) was added by 2023-43-156(d), effective April 1, 2024 (BC Reg 62/2024).

  Section 164 (2) (a) BEFORE amended by 2003-55-62, effective January 31, 2004 (BC Reg 7/2004).

(a) the power of the minister to require the holder of an agreement under the Forest Act or the Range Act to take action to achieve a requirement of this Act or regulations or to prevent damage to the environment if the damage is associated with a forest practice,

  Section 164 (2) (b) BEFORE repealed by 2003-55-62, effective January 31, 2004 (BC Reg 7/2004).

(b) consultation related to a forest practice,

  Section 166 BEFORE renumbered as 166 (1) and (2) was added by 2015-10-89, effective December 18, 2015 (BC Reg 240/2015).

  Section 167 (2) (g) was added by 2021-37-95(a), effective July 15, 2024 (BC Reg 219/2024).

  Section 167 (3) was added by 2021-37-95(b), effective July 15, 2024 (BC Reg 219/2024).

  Section 168 (2) (a.1) was added by 2010-12-52, effective June 9, 2011 (BC Reg 104/2011).

  Section 168.1 was enacted by 2021-37-96, effective July 15, 2024 (BC Reg 219/2024).

  Section 169 (2) BEFORE repealed by 2003-55-63, effective January 31, 2004 (BC Reg 7/2004).

(2)  In a standard under subsection (1), the chief forester may do one or more of the following:

(a) delegate a matter to a person;

(b) confer a discretion on a person;

(c) make different standards for different persons, places, things or transactions.

  Section 169 (4) BEFORE amended by 2003-55-63, effective January 31, 2004 (BC Reg 7/2004).

(4)  A standard is not effective

(a) until notice of the standard and the method for meeting the standard has been published in the Gazette, and

(b) to the extent that it conflicts with this Act or the regulations.

  Section 169 (4) (b) and (c) BEFORE amended by 2021-37-97, effective July 15, 2024 (BC Reg 219/2024).

(b) to the extent that it conflicts with this Act, the regulations, an agreement under the Forest Act or the Range Act, or a management plan under a tree farm licence, a forest stewardship plan, a range stewardship plan or a range use plan that has been approved before the standard comes into effect, unless the holder of the agreement or plan waives the requirement under this paragraph, and

(c) in respect of a proposed management plan under a tree farm licence, a forest stewardship plan, a range stewardship plan or a range use plan, unless

(i) the standard comes into effect under paragraph (a) at least 4 months before the plan is submitted for approval, or

(ii) the holder of the licence or plan waives the requirement under subparagraph (i).

  Section 170 (1) BEFORE amended by 2004-36-116, effective May 13, 2004 (Royal Assent).

(1)  The Lieutenant Governor in Council may establish by regulation a Forest Practices Advisory Council to undertake periodic reviews of the requirements that apply to operational planning and forest practices or range practices under this Act, the regulations and the standards and make recommendations to the minister on any specific matter relevant to this Act that is referred to the council by the minister.

  Section 170 (1) (a) BEFORE amended by 2007-14-112, effective December 1, 2007 (BC Reg 354/2007).

(a) to undertake periodic reviews of the requirements that apply to operational planning and forest practices or range practices under this Act, the regulations and the standards, and

  Section 171 (1) BEFORE amended by 2003-55-64, effective January 31, 2004 (BC Reg 7/2004).

  Section 176 BEFORE repealed by 2003-55-65, effective January 31, 2004 (BC Reg 7/2004).

  Sections 177 to 217 were enacted by 2003-55-66, effective January 31, 2004 (BC Reg 7/2004).

  Section 177.1 was enacted by 2004-36-117, effective May 13, 2004 (Royal Assent).

  Section 177.1 BEFORE re-enacted by 2005-31-4, effective January 31, 2004 [retro from November 24, 2005 (Royal Assent)].

  Section 177.1 (1) BEFORE amended by 2023-43-158(a), effective April 1, 2024 (BC Reg 62/2024).

(1) Sections 59 to 70, 71 (1), (2), (5) and (6), 72 to 86 and 88 to 103 of this Act apply to and in respect of the Code and the Code regulations.

  Section 177.1 (4) (c) (part) and (d) BEFORE amended by 2023-43-158(b) and (c), effective April 1, 2024 (BC Reg 62/2024).

(c) the reference in section 71 (2) (a) (i) of this Act to an administrative penalty in an amount that does not exceed a prescribed amount must be read as a reference

(d) the references in section 90 of this Act to sections 26 (2), 51 (7), 54 (2), 57 (4), 66 (1) and 74 (1) must be read as references to sections 106 (1), 101 (2), 99 (2), 102 (3), 123 and 118, respectively, of the Code,

  Section 178 (3) BEFORE amended by 2005-2-3(a), effective February 22, 2005 (Royal Assent).

(3)  This section is repealed on January 1, 2006, and on its repeal any regulations made under it are also repealed.

  Section 178 (4) was added by 2005-2-3(b), effective February 22, 2005 (Royal Assent).

  Section 178 BEFORE repealed by 2002-69-178(3), effective January 1, 2008 [date substituted by BC Reg 361/2006 under s. 178(4)].

  Section 183 (a) BEFORE amended by 2007-14-212,Sch, effective December 1, 2007 (BC Reg 354/2007).

(a) is deemed to be a cutting permit under this Act and the regulations, and

  Section 184 BEFORE amended by 2007-14-212,Sch, effective December 1, 2007 (BC Reg 354/2007).

  Section 185 (1) BEFORE amended by 2007-14-212,Sch, effective December 1, 2007 (BC Reg 354/2007).

(1)  Subject to subsection (2), every road use permit, issued under an agreement under the Forest Act, that is in effect immediately before the effective date is deemed to be a road use permit under this Act and the regulations.

  Section 186 BEFORE amended by 2004-36-118, effective May 13, 2004 (Royal Assent).

  Section 187 (1) (c) BEFORE amended by 2005-2-4(a), effective February 22, 2005 (Royal Assent).

(c) December 31, 2005 for a plan that is not for a community forest agreement, or

  Section 187 (3) was added by 2005-2-4(b), effective February 22, 2005 (Royal Assent).

  Section 187 (1.1) was added by 2006-13-23(a), effective March 30, 2006 (Royal Assent).

  Section 187 (3) BEFORE amended by 2006-13-23(b), effective March 30, 2006 (Royal Assent).

(3)  The Lieutenant Governor in Council by regulation may substitute a date that is no later than December 31, 2007 for the date referred to in subsection (1) (c).

  Section 187 (1.1) (b) BEFORE amended by 2023-10-1199, effective March 30, 2023 (Royal Assent).

(b) immediately before the effective date pertained to a pre-existing licence referred to in section 24.2 of the Forest Act

  Section 188 (1) BEFORE amended by 2005-2-5(a), effective February 22, 2005 (Royal Assent).

(1)  Despite section 3, on or before December 31, 2004, a timber sales manager or a holder of an agreement under the Forest Act may prepare and submit for the district managers approval a forest development plan under this section.

  Section 188 (4) (c) BEFORE amended by 2005-2-5(b), effective February 22, 2005 (Royal Assent).

(c) subject to paragraph (d), December 31, 2005, or

  Section 188 (6) was added by 2005-2-5(c), effective February 22, 2005 (Royal Assent).

  Section 191 (3) (a) BEFORE amended by BC Reg 389/2007 under RS1996-440-12, effective November 23, 2007 (BC Reg 389/2007).

(a) is required to establish a free growing stand under section 70 (3) of the Code, and

  Section 195 (1) BEFORE amended by 2004-36-119, effective May 13, 2004 (Royal Assent).

  Section 196 (1) BEFORE amended by 2006-13-24, effective March 30, 2006 (Royal Assent).

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

(a) a cutblock, if the cutblock has been included in a forest development plan, with the assessments required in sections 16, 17 and 37 of the Operational and Site Planning Regulation shown as completed, and

(b) a road, if the road has been included in a forest development plan, with the assessments required in section 5 of the Forest Road Regulation shown as completed.

  Section 197 (4) BEFORE amended by 2004-36-120(a), effective May 13, 2004 (Royal Assent).

(4)  The approval of a forest stewardship plan does not affect the requirements that must be met for any area in which timber harvesting or road construction has begun before the approval of the plan.

  Section 197 (5) BEFORE amended by 2004-36-120(b), effective May 13, 2004 (Royal Assent).

(5)  If, before the replacement under subsection (1) of a part of a forest development plan,

(a) the holder

(i)  begins harvesting of a cutblock, and

(ii)  is required to establish a free growing stand on an area harvested, and

(b) the stocking standards specified in the plan apply to the net area to be reforested,

the stocking standards in the plan remain in effect until the free growing stand is established.

  Section 197 (7) (a) BEFORE amended by 2004-36-120(c), effective May 13, 2004 (Royal Assent).

(a) in a cutblock and subject to a cutting permit in effect on the date the forest stewardship plan was approved, or

  Section 197 (7) (a.1) was added by 2006-13-25, effective March 30, 2006 (Royal Assent).

  Section 199 BEFORE re-enacted by 2005-2-6, effective February 22, 2005 (Royal Assent).

  Section 200 (1) BEFORE amended by 2005-2-7(a), effective February 22, 2005 (Royal Assent).

(1)  Despite section 12, on or before December 31, 2004, a holder of a woodlot licence may prepare and submit for the district managers approval a forest development plan under this section.

  Section 200 (3) (c) BEFORE amended by 2005-2-7(b), effective February 22, 2005 (Royal Assent).

(c) the term specified in section 19 of the Code expires.

  Section 200 (4) was added by 2005-2-7(c), effective February 22, 2005 (Royal Assent).

  Section 202 (3) BEFORE amended by 2004-36-121, effective May 13, 2004 (Royal Assent).

(3)  The replacement under subsection (1) of a forest development plan by a woodlot licence does not affect a site plan prepared before the replacement.

  Section 202 (4) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(4)  If a performance requirement under this Act or the regulations conflicts or is inconsistent with a performance requirement in a site plan referred to in subsection (3), the performance requirement in the site plan prevails.

  Section 203 (3) was added by 2004-36-122, effective May 13, 2004 (Royal Assent).

  Section 203 (1) and (2) BEFORE amended by 2012-27-22, effective June 25, 2012 (BC Reg 148/2012).

(1)  Subject to section 204, the holder of a licence to cut who harvests timber under a licence to cut entered into before the effective date must comply with the requirements of the Code and the Code regulations that pertain to the licence.

(2)  Subject to section 204, a holder of a licence to cut entered into on or after the effective date who harvests timber under the licence must comply with the requirements of this Act, the regulations and the standards that pertain to the licence.

  Section 203 (1) and (2) BEFORE amended by 2022-42-60,Sch 1, effective September 1, 2023 (BC Reg 187/2023).

(1) Subject to section 204 of this Act and to section 99 (2) of the Oil and Gas Activities Act, the holder of a licence to cut who harvests timber under a licence to cut entered into before the effective date must comply with the requirements of the Code and the Code regulations that pertain to the licence.

(2) Subject to section 204 of this Act and to section 99 (2) of the Oil and Gas Activities Act, a holder of a licence to cut entered into on or after the effective date who harvests timber under the licence must comply with the requirements of this Act, the regulations and the standards that pertain to the licence.

  Section 204 (3) was added by 2004-36-123, effective May 13, 2004 (Royal Assent).

  Section 204 (3) BEFORE amended by 2008-36-128, effective October 4, 2010 (BC Reg 274/2010).

(3)  Despite subsections (1) and (2), a holder of a master licence to cut, as defined in section 47.4 (1) of the Forest Act, who harvests timber on an area under a cutting permit, whenever issued, must comply with the requirements of the Code and the Code regulations that pertain to the licence.

  Section 204 (1) and (2) BEFORE amended by 2012-27-23, effective June 25, 2012 (BC Reg 148/2012).

(1)  A holder of a licence to cut who harvests timber on an area under a cutting permit issued under the licence that is in effect on the effective date must comply with the requirements of the Code and the Code regulations that pertain to the area.

(2)  A holder of a licence to cut who harvests timber on an area under a cutting permit issued under the licence after the effective date must comply with the requirements of this Act, the regulations and the standards that pertain to the area.

  Section 204 (3) BEFORE repealed by 2012-27-23, effective June 25, 2012 (BC Reg 148/2012).

(3)  Despite subsections (1) and (2), a holder of a master licence to cut, as defined in section 47.4 (1) of the Forest Act, who harvests timber on an area under a cutting permit, whenever issued, must comply with the requirements of the Oil and Gas Activities Act and the regulations under that Act that pertain to the licence.

  Section 204 (1) and (2) BEFORE amended by 2022-42-60,Sch 1, effective September 1, 2023 (BC Reg 187/2023).

(1) Subject to section 99 (2) of the Oil and Gas Activities Act, a holder of a licence to cut who harvests timber on an area under a cutting permit issued under the licence that is in effect on the effective date must comply with the requirements of the Code and the Code regulations that pertain to the area.

(2) Subject to section 99 (2) of the Oil and Gas Activities Act, a holder of a licence to cut who harvests timber on an area under a cutting permit issued under the licence after the effective date must comply with the requirements of this Act, the regulations and the standards that pertain to the area.

  Section 205 (2) BEFORE amended by 2004-36-124, effective May 13, 2004 (Royal Assent).

(2)  A holder of a range use plan referred to in subsection (1), if the circumstances in paragraphs (a) to (d) in that subsection have not occurred, remains responsible for preparing any amendments to the plan or replacement of the plan required under the Code and the Code regulations.

  Section 205 (1) (a) to (c) BEFORE amended by 2005-2-8(a), effective February 22, 2005 (Royal Assent).

(a) the agreement for which the plan was prepared expires and is not replaced or is cancelled, surrendered or otherwise terminated,

(b) the plan is replaced with a range use plan or a range stewardship plan prepared in accordance with this Act,

(c) December 31, 2005, or

  Section 205 (1) (d) BEFORE repealed by 2005-2-8(a), effective February 22, 2005 (Royal Assent).

(d) the end of the term specified in the plan.

  Section 205 (2) BEFORE amended by 2005-2-8(b), effective February 22, 2005 (Royal Assent).

(2)  If the circumstances in subsection (1) (a) to (d) have not occurred, the person who prepared a range use plan referred to in subsection (1), whether the district manager or the holder, remains responsible for preparing

(a) any amendments to the plan, or

(b) any replacement of the plan

  Section 205 (3) was added by 2005-2-8(c), effective February 22, 2005 (Royal Assent).

  Section 205 (1) BEFORE amended by 2007-14-212,Sch, effective December 1, 2007 (BC Reg 354/2007).

(1)  A range use plan prepared or approved under the Code that is in effect immediately before the effective date is deemed to be a range use plan under this Act and the regulations and remains in effect until whichever happens first,

  Section 214 (1.1) was added by 2004-36-125(a), effective May 13, 2004 (Royal Assent).

  Section 214 (2) BEFORE amended by 2004-36-125(b), effective May 13, 2004 (Royal Assent).

(2)  Part 8 applies to an audit or investigation under subsection (1) of a person's compliance with the Code and the Code regulations.

  Section 214 (3) was added by 2004-36-125(c), effective May 13, 2004 (Royal Assent).

  Section 215 (1.1) was added by 2004-36-126(a), effective May 13, 2004 (Royal Assent).

  Section 215 (2) BEFORE amended by 2004-36-126(b), effective May 13, 2004 (Royal Assent).

(2)  Part 8 of this Act applies to an audit or investigation, under subsection (1), of a person's compliance with Part 5 of the Code and with the Code regulations in relation to that Part.