Section 1 definition of "grass land" BEFORE amended by 2006-13-30, effective March 30, 2006 (Royal Assent).
"grass land" includes land that previously supported grass and is not in other use, but does not include land excluded from this definition by regulation;
Section 1 definition of "free growing stand" was added by 2007-18-96, effective May 31, 2007 (Royal Assent).
Section 1 definition of "official", paragraph (b) BEFORE amended by 2008-36-205, effective October 4, 2010 (BC Reg 274/2010).
(b) employed in the Oil and Gas Commission and designated, by the minister responsible for the Oil and Gas Commission Act, by name or title to be an official for the purpose of a provision of this Act or of the regulations that is specified in the designation, or
Section 1 definition of "official", paragraph (b) BEFORE amended by 236/2011, effective December 14, 2011.
(b) employed in the Oil and Gas Commission and designated, by the the commissioner as defined in section 1 (2) of the Oil and Gas Activities Act, by name or title to be an official for the purpose of a provision of this Act or of the regulations that is specified in the designation, or
Section 1 definition of "official", paragraph (b) BEFORE amended by 2022-42-60,Sch 1 and 2022-42-61,Sch 2, effective September 1, 2023 (BC Reg 187/2023).
(b) employed in the Oil and Gas Commission and designated, by the commissioner as defined in section 1 (2) of the Oil and Gas Activities Act, by name or title to be an official for the purpose of a provision of this Act or of the regulations that is specified in the designation, or
Section 3 (1) (part) BEFORE amended by 2010-11-21, effective June 3, 2010 (Royal Assent).
(1) Except for the purpose of starting a fire in accordance with this Act or another enactment, a person must not risk starting an open fire in forest land or grass land, or within 1 km of forest land or grass land, by dropping, releasing or mishandling
Section 4 BEFORE re-enacted by 2008-4-33, effective March 6, 2009 (BC Reg 70/2009).
Use of open fires — application
4 (1) Sections 5 and 6 do not apply inside the boundaries of the City of Vancouver or of a municipality.
(2) Sections 5 and 6 do not apply inside the boundaries of a local government that
(a) is a local government under paragraphs (c) to (f) of the definition of local government, and
(b) has a bylaw that relates to the lighting, fueling or use of open fires.
Section 4 (2) (a) BEFORE amended by 2018-39-28, effective October 31, 2018 (Royal Assent).
(a) relates to the lighting, fueling or use of open fires in the area, and
Section 7 (3) BEFORE amended by 2010-22-74(b), effective June 3, 2010 (Royal Assent).
(3) Despite subsection (2), if an official identifies circumstances that the official considers constitute a fire hazard in relation to
(a) an industrial activity, or
(b) a prescribed activity referred to in subsection (2),
the official by written order may require the person to abate the fire hazard by a specified date.
Section 7 (2) and (2.1) BEFORE amended by 2012-14-11, effective May 14, 2012 (Royal Assent).
(2) A person carrying out an industrial activity or a prescribed activity must abate within a prescribed period a fire hazard of which the person is aware or ought reasonably to be aware.
(2.1) A person who is in a prescribed class of persons and who carries out an industrial activity or a prescribed activity on an area must, within the prescribed period and to the prescribed extent, abate a fire hazard on the area.
Section 10 (1) BEFORE amended by 2018-39-28 and 29, effective October 31, 2018 (Royal Assent).
(1) Despite a regulation enacting the prescribed circumstances referred to in section 5 (1) or 6 (1) in which an open fire may be lit, fueled or used, if an official considers it necessary or desirable to limit the risk of a fire or to address a public safety concern, the official, by order for a specified area, may
(a) restrict or prohibit the lighting, fueling or use of an open fire, or
(b) require all persons lighting, fueling or using one or more open fires in the area to cease doing so and to extinguish the open fire or fires.
Section 17 (4) BEFORE amended by 2010-11-22(a), effective June 3, 2010 (Royal Assent).
(4) Compensation is not payable under this section to a person in respect of
(a) an obligation imposed under this Act to
(i) use equipment, or
(ii) assign personnel
for fire control,
(b) facilities or vehicles that serve the person's area of operation,
(c) wages payable to employees referred to in section 16 (1) (a) (ii),
(d) voluntarily fighting a fire, or
(e) prescribed expenses,
if the minister, after giving the person an opportunity to be heard, determines by order that the person, or a person acting on the person's behalf, caused or contributed to the fire referred to in subsection (1) or (2) or to the spread of that fire.
Section 17 (5) (part) BEFORE amended by 2010-11-22(b), effective June 3, 2010 (Royal Assent).
(5) The minister must give written notice of an order made under subsection (4) to the person who is the subject of the order, accompanied by a copy of the order and informing the person of
Section 18.1 was enacted by 2005-31-7, effective March 31, 2005 [retro from November 24, 2005 (Royal Assent)].
Section 18.1 BEFORE repealed by 2023-43-169, effective November 30, 2023 (Royal Assent).
Applicability of sections 19 to 42 and 45 to 53 of this Act for the Forest Practices Code of British Columbia Act
18.1 (1) Sections 19 to 42 and 45 to 53 of this Act apply to and in respect of
(a) Divisions 1 to 3 of Part 5 and section 154 of the Forest Practices Code of British Columbia Act,
(b) the regulations under that Act, and
(c) liabilities of persons to the government under section 162 of that Act
in relation to the period beginning on January 31, 2004 and ending at midnight on March 30, 2005.
(2) Subject to section 36 (1) (d) of the Interpretation Act, for contraventions of
(a) Divisions 1 to 3 of Part 5 and section 154 of the Forest Practices Code of British Columbia Act, or
(b) the regulations under that Act,
that occurred during the period beginning on January 31, 2004 and ending at midnight on March 30, 2005,
(c) the maximum administrative penalties are as provided for under the Forest and Range Practices Act at the time of the contravention, and
(d) the maximum fines and periods of imprisonment are as provided for under the Forest Practices Code of British Columbia Act at the time of the contravention.
(3) For the purposes of this section,
(a) the reference in each of sections 25 and 27 (1) (b) of this Act to section 9 must be read as a reference to section 89 of the Forest Practices Code of British Columbia Act,
(b) the reference in section 27 (1) (a) of this Act to a prescribed amount must be read as a reference to the amount prescribed under section 71 of the Forest and Range Practices Act at the time of the contravention, and
(c) the reference in section 47 of this Act to an order made under this Act must be read as a reference to a notice of determination made under section 82 of the Forest Practices Code of British Columbia Act.
Section 22 (1) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(1) A person must not obstruct an official in the lawful exercise of a power or duty under this Act or the regulations.
Section 25 (1) BEFORE amended by 2007-18-97(a), effective May 31, 2007 (Royal Assent).
(1) After the government has carried out, for a fire on Crown land or private land, fire control authorized under section 9, the minister may
(a) determine the amount of the government's costs of doing so, calculated in the prescribed manner, and
(b) determine the amount that is equal to the dollar value of any
(i) Crown timber,
(ii) other forest land resources,
(iii) grass land resources, and
(iv) other property
of the government damaged or destroyed as a direct or indirect result, of the fire, calculated in the prescribed manner.
Section 25 (2) BEFORE amended by 2007-18-97(b), effective May 31, 2007 (Royal Assent).
(2) Subject to subsection (3), the minister, except in prescribed circumstances, by order may require a person to pay to the government the amounts determined under subsection (1) (a) and (b), subject to any prescribed limits, if the person
Section 27 (1) BEFORE amended by 2007-18-98(a) and (b), effective May 31, 2007 (Royal Assent).
(1) If the minister determines by order under section 26 that the person has contravened a provision, the minister by order
(a) may levy an administrative penalty against the person in an amount that does not exceed a prescribed amount,
(b) may determine the amount of the government's costs of fire control under section 9 for a fire that resulted, directly or indirectly, from the contravention, calculated in the prescribed manner,
(c) may determine the amount that is equal to the dollar value of any
(i) Crown timber,
(ii) other forest land resources,
(iii) grass land resources, and
(iv) other property
of the government damaged or destroyed as a result, directly or indirectly, of the contravention, calculated in the prescribed manner, and
(d) except in prescribed circumstances, may require the person to pay the amounts determined under paragraphs (b) and (c), subject to the prescribed limits, if any.
Section 27 (2) BEFORE amended by 2007-18-98(c), effective May 31, 2007 (Royal Assent).
(2) The minister must give written notice to the person who is the subject of an order under section 26, accompanied by a copy of the order and informing the person of
(a) the amount of any administrative penalty levied against the person by an order under subsection (1) (a) and of the person's liability under section 130 of the Forest Act to pay that amount,
(b) the provision contravened and the reasons for the order or orders,
(c) the amount of any costs of the government determined under subsection (1) (b), itemized particulars of those costs and the person's liability under section 130 of the Forest Act to pay that amount,
(d) any amount determined under subsection (1) (c), itemized particulars of that amount and the person's liability under section 130 of the Forest Act to pay that amount, and
(e) the person's right to a review under section 37 or to an appeal under section 39, including an address to which a request for a review or appeal may be delivered.
Section 28 (3) (b) BEFORE amended by 2007-18-99, effective May 31, 2007 (Royal Assent).
(b) after giving the person an opportunity to be heard, carry out the work;
Section 30 (1) BEFORE amended by 2010-11-23, effective June 3, 2010 (Royal Assent).
(1) If a person's contractor, employee or agent contravenes a provision of this Act or the regulations in the course of carrying out the contract, employment or agency, the person also contravenes the provision.
Section 33 (1) BEFORE amended by 2010-11-24, effective June 3, 2010 (Royal Assent).
(1) The period during which an order may be made under section 26 determining that a contravention occurred is 2 years beginning on the date on which the facts that led to the order first came to the knowledge of an official.
Section 33 (1) BEFORE amended by 2017-2-1(a), effective March 16, 2017 (Royal Assent).
(1) The period during which an order may be made under section 26 determining that a contravention occurred is 3 years beginning on the date on which the facts that led to the order first came to the knowledge of an official.
Section 33 (2) (part) BEFORE amended by 2017-2-1(b), effective March 16, 2017 (Royal Assent).
(2) A document purporting to have been issued by an official, certifying the date on which the facts referred to in subsection (1) first came to the knowledge of an official,
Section 35 (1) (a) BEFORE amended by 2010-11-25, effective June 3, 2010 (Royal Assent).
(a) under section 17 (4), 25, 26, 27 or 28, the minister, or
Section 37 (4) BEFORE amended by BC Reg 18/2010 under RS1996-440-12, effective January 15, 2010 (Reg 18/2010).
(4) The minister may extend the time limit in subsection (3) section before or after the time limit's expiry.
Section 37 (1) BEFORE amended by 2010-11-25, effective June 3, 2010 (Royal Assent).
(1) Subject to subsection (2), at the request of a person who is the subject of an order under section 7 (3), 17 (4), 25, 26, 27, 28 (1) or (3) (d) or 34, the person who made the order, or another person employed in the ministry and designated in writing by the minister, must review the order, but only if satisfied that there is evidence that was not available at the time of the original order.
Section 39 (2) BEFORE repealed by 2015-10-194, 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 40 (2) BEFORE repealed by 2015-10-194, 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 41 (2) BEFORE repealed by 2015-10-196, effective December 18, 2015 (BC Reg 240/2015).
(2) 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.
Section 41 (3) BEFORE amended by 2015-10-196, effective December 18, 2015 (BC Reg 240/2015).
(3) After the period to request an appeal to the Supreme Court under the Forest Practices Code of British Columbia Act has passed, the minister may file a certified copy of the decision of the commission with the Supreme Court.
Section 42 (1) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(1) The time limit for laying an information respecting an offence under this Act or the regulations is 2 years after the facts on which the information is based first came to the knowledge of an official.
Section 42 (1) BEFORE amended by 2010-11-24, effective June 3, 2010 (Royal Assent).
(1) The time limit for laying an information respecting an offence under this Act is 2 years after the facts on which the information is based first came to the knowledge of an official.
Section 43 (3) BEFORE amended by 2010-22-75, effective June 3, 2010 (Royal Assent).
(3) A person who contravenes section 7 (2) or (4), 10 (3) or (4), 12 (2), 16 (2), 22 (1) or (2), 56 or 57 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 43 (3) BEFORE amended by 2016-11-29, effective May 19, 2016 (Royal Assent).
(3) A person who contravenes section 7 (2), (2.1) or (4), 10 (3) or (4), 12 (2), 16 (2), 22 (1) or (2), 56 or 57 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 44 BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
44 If a corporation commits an offence under this Act or the regulations, a director or officer of the corporation who authorized, permitted or acquiesced in the offence also commits the offence.
Section 48 (1) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(1) 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 monetary benefit that was acquired by or that accrued to the person as a result of the commission of the offence.
Section 49 (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 51 BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
51 A proceeding, conviction or penalty for an offence under this Act or the regulations does not relieve a person from any other liability.
Section 54 (1) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(1) A person with a discretion under this Act to make an order or to grant an exemption or authorization under this Act or the regulations may
Section 56 (1) (b) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(b) is exercising a power or performing a duty or function under this Act or the regulations.
Section 56 (1) and (2) BEFORE amended by 2016-11-30, effective May 19, 2016 (Royal Assent).
(1) In this section, "person acting in an official capacity" means an individual who
(a) is employed under the Public Service Act, is a member of the commission or the board, is a person retained under section 138 of theForest and Range Practices Act, as it applies for the purposes of this Act, or is a temporary employee hired under section 15 of this Act, and
(b) is exercising a power or performing a duty or function under this Act.
(a) without lawful excuse, intentionally interfere with a person acting in an official capacity,
(b) without lawful excuse, intentionally not comply with a lawful requirement of a person acting in an official capacity, or
(c) intentionally make a false statement to, or mislead or attempt to mislead, a person acting in an official capacity.
Section 57 BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
57 A person must not evict, discharge, suspend, expel, intimidate, coerce, impose any pecuniary or other penalty on, or otherwise discriminate against, a person because that person complains or is named in a complaint, gives evidence or otherwise assists in respect of a prosecution, a complaint or another proceeding under this Act or the regulations.
Section 58 (1) and (1) (a) BEFORE amended by 2007-18-101, effective May 31, 2007 (Royal Assent).
(1) 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,
Section 62 (2), (3) and (4) BEFORE amended by 2007-14-215,Sch, 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 or the regulations except as permitted by this section and the Freedom of Information and Protection of Privacy Act and the regulations under that Act:
(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 or the regulations except
(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 or the regulations.
Section 66.1 was enacted by 2012-18-70, effective April 1, 2012 [retro from May 31, 2012 (Royal Assent)].
Section 66.1 (2), (3) and (4) BEFORE amended by 2014-7-64, effective April 9, 2014 (Royal Assent).
(2) Subject to subsection (3), no legal proceeding for damages lies or may be commenced or maintained against a protected person because of anything done or omitted
(a) in the exercise or intended exercise of any power under this Act, or
(b) in the performance or intended performance of any duty or function under this Act.
(3) Subsection (2) does not apply to a protected person in relation to anything done or omitted by that person in bad faith.
(4) Subsection (2) does not absolve the government from vicarious liability arising out of anything done or omitted by a protected person for which the government would be vicariously liable if this section were not in force.
Section 68 (1) BEFORE amended by 2008-4-34, effective March 31, 2008 (Royal Assent).
(1) In accordance with the regulations, the board must carry out periodic independent audits and may carry out special investigations to determine
(a) compliance by a party with Parts 1 and 2 and the regulations made in relation to those Parts, and
(b) the appropriateness of government enforcement under Part 3.
Section 68 (2) (a) BEFORE amended by 2008-30-75, 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 69 (2) BEFORE amended by 2007-18-102, effective May 31, 2007 (Royal Assent).
(2) The Lieutenant Governor in Council may make a regulation defining a word or expression used but not defined in this Act.
Section 70 (3) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(3) The Lieutenant Governor in Council may make regulations restricting an official's authority to exempt a person from a provision under this Act or the regulations.
Section 71 BEFORE amended by 2023-43-170, effective November 30, 2023 (Royal Assent).
Criteria for exercise of discretionary powers
71 (1) The Lieutenant Governor in Council may make regulations respecting the criteria that a person must use in exercising a discretionary power conferred on the person under this Act.
(2) Criteria prescribed under subsection (1) are in addition to any criteria required by this Act.
Section 72 (2) (g) BEFORE amended by 2010-22-76, effective June 3, 2010 (Royal Assent).
(g) respecting the abatement of fire hazards,
Section 72 (2) (g) BEFORE amended by 2012-14-12, effective May 14, 2012 (Royal Assent).
(g) respecting the abatement of fire hazards, including, without limitation,
(i) prescribing classes of person, activities and time periods for the purposes of section 7 (2.1), and
(ii) specifying, for the purposes of section 7 (2.1), the extent to which a fire hazard must be abated,
Section 73 BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
73 The Lieutenant Governor in Council may make regulations requiring persons to give written notice to an official concerning when, whether or not and to what extent the person has completed or will complete an obligation of the person under this Act or the regulations.
Section 77 (1) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(1) The Lieutenant Governor in Council may make regulations respecting fees for the provision, under this Act or the regulations, of a service by the government to any person.
Section 78 (1) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(1) The Lieutenant Governor in Council may make regulations requiring security of any kind, including but not limited to money, to be provided to ensure the performance of an obligation arising under this Act or the regulations by
Section 79 (a) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(a) the recovery of money that is required to be paid to the government under this Act or the regulations, and
Section 81 BEFORE repealed by 2004-31-81(3), effective March 30, 2007 [2 years after coming into force].
Implementation regulations
81 (1) The Lieutenant Governor in Council may make regulations considered necessary or advisable for the purpose of more effectively bringing into operation this Act, and to remedy any transitional difficulties encountered in doing so.
(2) A regulation made under this section may be made retroactive to a date not earlier than the date this section comes into force.
(3) This section is repealed 2 years after the date this section comes into force, and on its repeal any regulations made under it are also repealed.