Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc

“Point in Time” Act Content

PRIVATE MANAGED FOREST LAND ACT

[SBC 2003] CHAPTER 80

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to "current to" date of the act.)
SECTIONEFFECTIVE DATE
1December 18, 2015
2August 3, 2004
10March 29, 2004
[retro from April 29, 2004]
17 to 42August 3, 2004
17April 25, 2024
19November 2, 2017
21January 1, 2016
23December 1, 2007
32December 1, 2007
33December 18, 2015
 December 18, 2015
 December 18, 2015
33.1December 18, 2015
34December 18, 2015
36December 1, 2007
 December 1, 2007
 December 1, 2007
37December 1, 2007
42December 18, 2015
44December 31, 2005
45August 3, 2004
46November 2, 2017

  Section 1 definitions of "board" and "commission" BEFORE amended by 2015-10-152, effective December 18, 2015 (BC Reg 240/2015).

"board" has the same meaning as in section 1 (1) of the Forest Practices Code of British Columbia Act;

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

  Section 2 (1) BEFORE amended by 2003-80-60, effective August 3, 2004 (BC Reg 371/2004).

2  (1)  Nothing in this Act restricts a person from carrying out fire suppression activities in accordance with the Forest Practices Code of British Columbia Act and the regulations under that Act.

  Section 10 (4) and (5) BEFORE amended by 2004-23-26, effective March 29, 2004 [retro from April 29, 2004 (Royal Assent)].

(4)  Subject to subsection (5), the Company Act and the Company Clauses Act do not apply to the council.

(5)  The Lieutenant Governor in Council may, by order, declare that specified provisions of the Company Act apply to the council.

  Sections 17 to 42 were enacted by 2003-80-17 to 42, effective August 3, 2004 (BC Reg 371/2004).

  Section 17 (0.1) was added by 2024-13-169, effective April 25, 2024 (Royal Assent).

  Section 19 (4) BEFORE amended by 2017-10-44, effective November 2, 2017 (Royal Assent).

(4) The minister must conduct a review of the manner in which the exit fee is calculated under the regulations at least once every five years.

  Section 21 (1) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(1) A local government must not

(a) adopt a bylaw under any enactment, or

(b) issue a permit under Part 21 or 26 of the Local Government Act

in respect of land that is private managed forest land that would have the effect of restricting, directly or indirectly, a forest management activity.

  Section 23 (1) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(1)  For any purpose related to the administration of this Act or the regulations, including administrative remedies under this Part, the council or a person authorized in writing by the council may enter on private managed forest land at any reasonable time if the council has reasonable grounds to believe that the private managed forest land is the site of an activity regulated under this Act or the regulations.

  Section 32 (1) and (2) (part) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(1)  On the request of an owner or a contractor, employee or agent of the owner, or on its own initiative, the council may rescind an order, a decision or a determination made by the council or an authorized person under this Act or the regulations if the council determines that there were insufficient grounds for making the order, decision or determination.

(2)  On the request of an owner or a contractor, employee or agent of the owner, or on its own initiative, the council may vary an order, a decision or a determination made by the council or authorized person under this Act or the regulations

  Section 33 (3), (5), (7) to (14) and (16) BEFORE repealed by 2015-10-153, effective December 18, 2015 (BC Reg 240/2015).

(3) The commission must conduct an appeal in accordance with this section and the regulations.

(5) At any stage of an appeal, the commission or a member of it may direct that a person who may be directly affected by the appeal be added as a party to the appeal.

(7) The commission or a member of it may order the parties to an appeal to deliver written submissions.

(8) If the appellant does not deliver a written submission ordered under subsection (7) within the time specified in the order or the regulations, the commission may dismiss the appeal.

(9) The commission must ensure that each party to the appeal has the opportunity to review written submissions from the other party or any intervenor and an opportunity to rebut the written submissions.

(10) The commission or a member of it may make an interim order in an appeal.

(11) Hearings of the commission are open to the public.

(12) The commission or a member of it has the same power as the Supreme Court has for the trial of civil actions

(a) to summon and enforce the attendance of witnesses,

(b) to compel witnesses to give evidence on oath or in any other manner, and

(c) to compel witnesses to produce records and things.

(13) The failure or refusal of a person

(a) to attend,

(b) to take an oath,

(c) to answer questions, or

(d) to produce the records or things in the person's custody or possession,

makes the person, on application to the Supreme Court, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.

(14) The commission may retain, call and hear an expert witness.

(16) An order under subsection (15) that is filed in the court registry 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 the order were an order of the court.

  Section 33 (15) (b) BEFORE amended by 2015-10-153, effective December 18, 2015 (BC Reg 240/2015).

(b) refer the matter back to the council or authorized person for reconsideration with or without directions,

  Section 33 (15) (c) BEFORE repealed by 2015-10-153, effective December 18, 2015 (BC Reg 240/2015).

(c) order that a party or intervenor pay another party or intervenor any or all of the actual costs in respect of the appeal, or

  Section 33.1 was enacted by 2015-10-154, effective December 18, 2015 (BC Reg 240/2015).

  Section 34 BEFORE repealed by 2015-10-155, effective December 18, 2015 (BC Reg 240/2015).

Appeal to court

34   (1) A party to the appeal before the commission may appeal, within 3 weeks of being given the decision of the commission in writing and by application to the Supreme Court, the decision of the commission on a question of law or jurisdiction.

(2) After an application is brought to the Supreme Court, a judge may order, on terms he or she considers appropriate, that all or part of the decision of the commission be stayed.

(3) An appeal from a decision of the Supreme Court lies with the Court of Appeal with leave of a justice of the Court of Appeal.

  Section 36 (1) (part) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(1)  If a person is convicted of an offence under this Act or the regulations, in addition to any other punishment that may be imposed, the court may order the person to do one or more of the following:

  Section 36 (2) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(2)  The court that convicts a person of an offence under this Act or the regulations may increase a fine imposed on the person by an amount equal to the court's estimation of the amount of the economic benefit derived by the person as a result of having committed the offence.

  Section 36 (3) (b) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(b) is in addition to any other fine under this Act or the regulations.

  Section 37 (part) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

37  The following are defences to the prosecution of a person under this Act or the regulations:

  Section 42 (2) (h) BEFORE repealed by 2015-10-156, effective December 18, 2015 (BC Reg 240/2015).

(h) specifying rules of practice and procedure for appeals to the commission, including time limits, extension of time limits, rules of evidence, notices and forms;

  Section 44 BEFORE repealed by 2003-80-44(3), effective December 31, 2005.

 Transitional — regulations

44  (1)  The Lieutenant Governor in Council may make regulations to more effectively bring this Act into operation and to remedy any transitional difficulties encountered in doing so, if the Lieutenant Governor in Council is satisfied that it is necessary or advisable.

(2)  A regulation made under this section may be made retroactive to a date not earlier than the date this Act comes into force, and if made retroactive is deemed to come into force on the date specified in the regulation.

(3)  This section is repealed on December 31, 2005, and on its repeal any regulations made under it are also repealed.

  Section 45 was enacted by 2003-80-45, effective August 3, 2004 (BC Reg 371/2004).

  Section 46 (2) and (3) BEFORE amended by 2017-10-45, effective November 2, 2017 (Royal Assent).

(2) The minister must appoint a chair of the council for a term of no longer than six months and set the other terms of appointment of the chair.

(3) The minister may appoint council members for a term of no longer than six months and set the other terms of appointment of the council members.