Section 1 (1) definitions of "result" and "strategy" BEFORE repealed by BC Reg 240/2009, effective October 22, 2009.
"result" means a description of
(a) measurable or verifiable outcomes in respect of a particular established objective, and
(b) the situations or circumstances that determine where in a forest development unit the outcomes under paragraph (a) will be applied;
"strategy" means a description of
(a) measurable or verifiable steps or practices that will be carried out in respect of a particular established objective, and
(b) the situations or circumstances that determine where in a forest development unit the steps or practices will be applied;
Section 1 (2) definitions of "result" and "strategy" were added by BC Reg 240/2009, effective October 22, 2009.
Section 1 (1) definition of "authorized in respect of a road", subparagraph (c) (i) BEFORE amended by BC Reg 269/2010, effective October 4, 2010.
(i) the Transportation Act, Land Act, Local Government Act or Pipeline Act, or
Section 1 (1) definition of "road", subparagraph (c) (i) BEFORE amended by BC Reg 269/2010, effective October 4, 2010.
(i) the Community Charter, Transportation Act, Land Act, Local Government Act or Pipeline Act, or
Section 1 (1) definition of "fibre recovery tenure holder" was added by BC Reg 157/2012, effective June 25, 2012.
Section 1 (1) definition of "Coast" BEFORE amended by BC Reg 137/2014, effective June 30, 2014.
"Coast" means an area of British Columbia located within the Coast forest region or the Kalum forest district, as defined in the Forest Regions and Districts Regulation, B.C. Reg. 123/2003;
Section 1 (1) definition of "licensed waterworks" BEFORE amended by BC Reg 41/2016, effective February 29, 2016.
"licensed waterworks" means a water supply intake or a water storage and delivery infrastructure that is licensed under the Water Act or authorized under an operating permit issued under the Drinking Water Protection Act;
Section 1 (1) definition of "Coast" BEFORE amended by BC Reg 124/2018, effective June 25, 2018.
"Coast" means an area of British Columbia located in the South Coast Forest Region, West Coast Forest Region or Coast Mountain Forest District, as established by the Administrative Boundaries Regulation;
Section 1 (1) definition of "authorized person" BEFORE amended by BC Reg 262/2018, effective December 10, 2018.
means a person who is an agreement holder or a person who is described in paragraph (a), (a.1) or (c) in the definition of "authorized in respect of a road";
Section 1 definition of "primary forest activity", paragraph (b.1) was added by BC Reg 262/2018, effective December 10, 2018.
Section 1 (2) definition of "certify", paragraph (b) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(b) in forming that opinion, he or she took all steps required of him or her as a professional, and
Section 1 (2) definition of "certify", paragraph (c) (i) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
Section 1 (1) definition of "general ecological community measure" was added by BC Reg 163/2023, effective June 26, 2023.
Section 1 (1) definition of "resource feature" BEFORE amended by BC Reg 163/2023, effective June 26, 2023.
"resource feature" means a resource feature identified under the Government Actions Regulation;
Section 1 (2) definition of "certify" BEFORE repealed by BC Reg 163/2023, effective June 26, 2023.
"certify", in section 16 (1.01) of the Act, means to attest by means of a certificate that the agrologist, the professional biologist, the professional engineer, the professional geoscientist or the professional forester who issues the certificate
(a) is of the opinion that a forest stewardship plan or amendment to a forest stewardship plan conforms to section 5 of the Act in relation to the subject matter described in section 22.1 (2) of this regulation,
(b) in forming that opinion, took all steps required of the agrologist, the professional biologist, the professional engineer, the professional geoscientist or the professional forester as a professional, and
(c) the opinion referred to in paragraph (a) is based on either or both of the following:
(i) the agrologist, the professional biologist, the professional engineer, the professional geoscientist or the professional forester's own knowledge;
Section 1 (1) definition of "BC timber sales business area" was added by BC Reg 163/2023, effective April 1, 2024.
Section 1 (1) definition of "resource feature", paragraph (a) BEFORE amended by BC Reg 219/2024, effective July 15, 2024.
(a) an interpretive forest site, a recreation site or a recreation trail, or
Section 1 (2) definition of "natural range barrier" was added by BC Reg 221/2024, effective July 15, 2024.
Section 7 (1) (part) BEFORE amended by BC Reg 36/2023, effective February 13, 2023.
(1) The objective set by government for wildlife is, without unduly reducing the supply of timber from British Columbia's forests, to conserve sufficient wildlife habitat in terms of amount of area, distribution of areas and attributes of those areas, for
Section 8 (b) and (d) BEFORE amended by BC Reg 157/2012, effective June 25, 2012.
(b) $100 000 for a contravention of any of the following sections of the Forest Act: 58.21 (5); 84 (1), (3), (4) or (6); 86 (3.1) or (4); 89 (1) (a) (i) or (ii) or (b) (i) or (ii) or (2); 90 (1) or (2); 94 (1) or (4); 95 (1) or (7); 97 (1); 126 (2); 127; 136 (1); 163.1; 165.1,
(d) $20 000 for a contravention of section 84 (2) of the Forest Act,
Section 8 BEFORE amended by BC Reg 36/2023, effective February 13, 2023.
Objectives set by government for water, fish, wildlife and biodiversity within riparian areas
8 The objective set by government for water, fish, wildlife and biodiversity within riparian areas is, without unduly reducing the supply of timber from British Columbia's forests, to conserve, at the landscape level, the water quality, fish habitat, wildlife habitat and biodiversity associated with those riparian areas.
Section 8.1 (3) BEFORE repealed by BC Reg 36/2023, effective February 13, 2023.
(3) The objective set by government under subsection (2) applies only to the extent that it does not unduly reduce the supply of timber from British Columbia's forests.
Section 8.2 (2) (a) BEFORE amended by BC Reg 240/2009, effective October 22, 2009.
(a) a material adverse impact on the quantity of water or the timing of the flow of the water from the waterworks, or
Section 8.2 (3) BEFORE repealed by BC Reg 36/2023, effective February 13, 2023.
(3) The objective set by government under subsection (2) applies only to the extent that it does not unduly reduce the supply of timber from British Columbia's forests.
Section 9 BEFORE amended by BC Reg 36/2023, effective February 13, 2023.
Objectives set by government for wildlife and biodiversity — landscape level
9 The objective set by government for wildlife and biodiversity at the landscape level is, without unduly reducing the supply of timber from British Columbia's forests and to the extent practicable, to design areas on which timber harvesting is to be carried out that resemble, both spatially and temporally, the patterns of natural disturbance that occur within the landscape.
[en. B.C. Reg. 580/2004, s. 8.]
Section 12.1 (7) (part) BEFORE amended by BC Reg 240/2009, effective October 22, 2009.
(7) A timber sales manager who is required to prepare a forest stewardship plan is exempt for that plan from the requirement under section 5 of the Act that the plan specify intended results or strategies in relation to the objective for biodiversity at the landscape level set out in section 9 of this regulation if the timber sales manager
Section 12.1 (5) (a) BEFORE amended by BC Reg 62/2024, effective April 1, 2024.
(a) prepares the plan, including in it an undertaking that the timber sales manager will notify each holder of a timber sale licence entered into or a road permit granted during the term of the plan that sections 35 and 36 of this regulation apply to the holder, and
Section 14 (3) (k) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(k) road permit or timber sale licence granted or entered into by the timber sales manager if he or she is the person required to prepare the plan.
Section 14 (3) (k) BEFORE amended by BC Reg 62/2024, effective April 1, 2024.
(k) road permit or timber sale licence granted or entered into by the timber sales manager if the timber sales manager is the person required to prepare the plan.
Section 16 (5) BEFORE repealed by BC Reg 62/2024, effective April 1, 2024.
(5) A holder of a major licence that is a forestry licence to cut entered into under section 24.8 of the Forest Act or converted into a forestry licence to cut under section 24.9 of the Forest Act is exempt from this section.
Section 19 (c) and (d) BEFORE repealed by BC Reg 163/2023, effective June 26, 2023.
(c) a holder of a forest stewardship plan subject to a constraint referred to in paragraph (a) requests the minister to act under section 9 of the Act, and
(d) the minister is satisfied that a fair and effective order can be made under this section.
Section 20 (2) (b) and (c) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(b) a greater number of days after that date that the minister may determine if paragraph (d) is inapplicable and he or she considers that the greater number of days is necessary to provide an adequate opportunity for review and comment under section 21,
(c) a lesser number of days that the minister may determine if paragraph (d) is inapplicable and he or she considers that the lesser number of days will provide an adequate opportunity for review and comment under section 21, or
Section 22.1 (1) BEFORE amended by BC Reg 11/2021, effective February 5, 2021.
(1) For the purpose of section 16 (1.01) (a) of the Act the prescribed qualifications are being qualified, in relation to one or more of paragraphs (a) to (j) of subsection (2),
(a) as an agrologist under the Agrologists Act,
(b) as a professional biologist under the College of Applied Biology Act,
(c) as a professional engineer or professional geoscientist under the Engineers and Geoscientists Act, or
(d) as a professional forester under the Foresters Act
and being authorized under that Act to practice as a professional in relation to the subject matter prescribed under that paragraph or those paragraphs, as the case may be.
Section 22.1 (1) (a) (iii) and (iv) BEFORE amended by BC Reg 32/2023, effective February 10, 2023.
(iii) a professional engineer or professional engineering licensee,
(iv) a professional geoscientist or professional geoscience licensee, or
Section 22.1 BEFORE repealed by BC Reg 163/2023, effective June 26, 2023.
Certification of content
22.1 (1) For the purposes of section 16 (1.01) (a) of the Act, a person has the prescribed qualifications in relation to a subject matter prescribed in subsection (2) (a) to (j) of this section if
(a) the person is registered under the Professional Governance Act as
(ii) a professional biologist,
(iii) a professional engineer or professional licensee engineering,
(iv) a professional geoscientist or professional licensee geoscience, or
(v) a professional forester or registered forest technologist, and
(b) the subject matter is within the person's scope of practice under that Act.
(2) For the purpose of section 16 (1.01) (a) of the Act, that provides for certification by a person with the prescribed qualifications referred to in subsection (1) that a forest stewardship plan conforms to section 5 of the Act in relation to prescribed subject matter, the following subject matter is prescribed:
(a) that the map referred to in section 5 (1) (a) (ii) of the Act shows the boundaries of all applicable forest development units;
(b) that the intended results or strategies, specified in the plan, in relation to the objective set by government for visual quality under section 9.2 of this regulation are consistent with that objective;
(c) that the plan accurately specifies the forest development units, the areas, and the cutblocks in accordance with section 14 (1) of this regulation;
(d) that, in accordance with section 14 (2) of this regulation, the plan accurately identifies for those forest development units, the things set out in section 14 (3) of this regulation;
(e) that, in accordance with section 14 (4) of this regulation, the plan accurately describes each area that is identified in it as a declared area;
(f) that the measures specified in accordance with section 17 of this regulation for the plan, to prevent the introduction or spread of species of plants prescribed in the Invasive Plants Regulation, will be effective;
(g) that the measures specified in accordance with section 18 of this regulation for the plan, to mitigate the effect of removing or rendering ineffective natural range barriers, will be effective;
(h) that the free growing height referred to in section 44 (1) (b) of this regulation
(ii) is of sufficient height to demonstrate that the tree is adapted to the site, is growing well and can reasonably be expected to continue to do so;
(i) that the intended results or strategies, specified in the plan, in relation to an objective set by government for visual quality, are consistent with that objective;
(j) that the intended results or strategies, specified in the plan, in relation to a visual quality objective, are consistent with that objective.
[en. B.C. Reg. 580/2004, s. 20; am. B.C. Regs. 11/2021, App. 3, s. 7; 32/2023, Sch. B, s. 6.]
Section 23 (2) (a) BEFORE amended by BC Reg 219/2024, effective July 15, 2024.
(a) an objective established under section 56 (3) of the Act for an interpretive forest site, recreation site or recreation trail;
Section 32 BEFORE amended by BC Reg 163/2023, effective June 26, 2023.
Exemption from review and comment process for mandatory amendments
32 The minister may exempt a holder of a forest stewardship plan from a requirement of Division 3 pertaining to an amendment under section 8 (1) of the Act, if the minister is satisfied that the requirement is not practicable, given the circumstances or conditions applicable to a particular area.
[en. B.C. Reg. 580/2004, s. 26.]
Section 32.1 (part) BEFORE amended by BC Reg 163/2023, effective June 26, 2023.
32.1 The prescribed criteria with which a portion of a forest stewardship plan must conform under section 19 (2) (c) of the Act, so that section 8 of the Act will not apply, are that the portion is
Section 32.1 (b) BEFORE repealed by BC Reg 163/2023, effective June 26, 2023.
Section 32.2 BEFORE repealed by BC Reg 163/2023, effective June 26, 2023.
Amendments required where certification wrongly given
32.2 If a holder of a forest stewardship plan that contains material certified under section 22.1 knows or ought reasonably to know that the plan, at the time of its approval, did not conform in relation to the subject matter that was certified, the holder must deliver notice to the minister to that effect, stating the particulars.
[en. B.C. Reg. 580/2004, s. 27.]
Section 33 (1) (c) BEFORE repealed by BC Reg 158/2023, effective July 15, 2023.
(c) the holder is the holder of a community salvage licence.
Section 35 (1) definition of "first agreement holder" was added by BC Reg 157/2012, effective June 25, 2012.
Section 35 (3) BEFORE amended by BC Reg 157/2012, effective June 25, 2012.
(3) An agreement holder other than a holder of a minor tenure who is carrying out timber harvesting must not cause the amount of soil disturbance on the net area to be reforested to exceed the following limits:
Section 35 (4.1) and (4.2) were added by BC Reg 157/2012, effective June 25, 2012.
Section 35 (5) (b) BEFORE amended by BC Reg 157/2012, effective June 25, 2012.
(b) the holder has not exceeded the limits described in subsection (3);
Section 36 (3) BEFORE amended by BC Reg 219/2024, effective July 15, 2024.
(3) An agreement holder may rehabilitate an area occupied by permanent access structures in accordance with the results or strategies specified in the forest stewardship plan or by
(a) removing or redistributing woody materials that are exposed on the surface of the area and are concentrating subsurface moisture, as necessary to limit the concentration of subsurface moisture on the area,
(b) de-compacting compacted soils, and
(c) returning displaced surface soils, retrievable side-cast and berm materials.
Section 36 (3.1) was added by BC Reg 219/2024, effective July 15, 2024.
Section 36 (4) (part) BEFORE amended by BC Reg 219/2024, effective July 15, 2024.
(4) If an agreement holder rehabilitates an area under subsection (3) (a) and erosion of exposed soil from the area would cause sediment to enter a stream, wetland or lake, or a material adverse effect in relation to one or more of the subjects listed in section 149 (1) of the Act, the agreement holder, unless placing debris or revegetation would not materially reduce the likelihood of erosion, must
Section 43.2 (3) (a) (iii) BEFORE amended by BC Reg 62/2024, effective April 1, 2024.
(iii) a forestry licence to cut that does not provide for cutting permits which has been entered into by the regional manager or district manager,
Section 44 (3) (i) BEFORE amended by BC Reg 157/2012, effective June 25, 2012.
(i) harvesting special forest products.
Section 44 (1) (part) BEFORE amended by BC Reg 219/2024, effective July 15, 2024.
(1) A person who has an obligation to establish a free growing stand must establish, for areas that have been identified under section 16 (1) [stocking standards] as areas to which this section will apply, a stand that
Section 44 (2) BEFORE amended by BC Reg 219/2024, effective July 15, 2024.
(2) If an agreement holder contravenes section 52 (1) [unauthorized timber harvesting] of the Act, the holder must establish, on the area on which the contravention occurred, a stand that meets the requirements specified in the holder's forest stewardship plan for an area with similar attributes, as if the area on which the contravention occurred had been identified under section 16 (1) as being subject to this section.
Section 45 (1) BEFORE amended by BC Reg 219/2024, effective July 15, 2024.
(1) If a person specifies in a forest stewardship plan under section 16 (1) [stocking standards] that the requirement to be met by the regeneration date relates to a group of cutblocks, the person must establish stands on the net areas to be reforested that conform to the applicable stocking standards by the applicable regeneration date, as identified under section 16 (3) (c).
Section 45 (2) BEFORE amended by BC Reg 219/2024, effective July 15, 2024.
(2) If a person specifies in a forest stewardship plan, under section 16 (1), that the requirement to be met by the free growing date relates to a group of cutblocks, the person must establish stands on the net areas to be reforested that conform to the applicable stocking standards by the applicable free growing date as identified under section 16 (3) (d).
Section 45.1 BEFORE repealed by BC Reg 62/2024, effective April 1, 2024.
Exemption respecting free growing stand for certain forestry licences to cut
45.1 A holder of a major licence that is a forestry licence to cut entered into under section 24.8 of the Forest Act or converted into a forestry licence to cut under section 24.9 of the Forest Act is exempt from section 29 (1) of the Forest and Range Practices Act.
[en. B.C. Reg. 102/2005, s. 3.]
Section 46 (1) (a) BEFORE amended by BC Reg 62/2024, effective April 1, 2024.
(a) a cutblock is harvested under a forestry licence to cut that is not a major licence or a minor tenure, and
(i) is not a major licence or a minor tenure, or
(ii) is a major licence and was entered into under section 24.8 of the Forest Act or converted into a forestry licence to cut under section 24.9 of the Forest Act, and
Section 46.1 BEFORE repealed by BC Reg 158/2023, effective July 15, 2023.
Free growing stands: community salvage licence
46.1 (1) A holder of a community salvage licence who harvests timber from an area must ensure that, for a period of 12 months after completion of harvest, the area on which timber harvesting was carried out conforms to
(a) stocking standards authorized by the minister, or
(b) if the minister has not authorized stocking standards under paragraph (a), the specifications for the applicable silvicultural system and biogeoclimatic ecosystem classification in the Ministry of Forests and Range's publication, Reference Guide for Forest Development Plan Stocking Standards, as amended from time to time.
(2) Subject to subsection (3), if a holder of a community salvage licence does not ensure that an area described in subsection (1) conforms to the requirements of that subsection, the holder must establish a free growing stand in the net area to be reforested that
(a) conforms to the applicable stocking standards by the applicable regeneration date, and
(b) conforms to the applicable stocking standards and free growing height, by the applicable free growing date.
(3) Unless otherwise specified by the minister, the applicable stocking standards and applicable regeneration and free growing dates referred to in subsection (2) are those specified for that silvicultural system and that biogeoclimatic ecosystem classification in the Ministry of Forests and Range's publication, Reference Guide for Forest Development Plan Stocking Standards, as amended from time to time.
(4) The minister must consider the matters set out in section 26 (3) when making a decision respecting
(a) the stocking standards described in subsection (1) (a), and
(b) the applicable stocking standards and applicable regeneration and free growing dates under subsection (3).
[en. B.C. Reg. 580/2004, s. 35; am. B.C. Reg. 4/2010, s. 3.]
Section 46.2 (1) (a) and (b) BEFORE amended by BC Reg 158/2023, effective July 15, 2023.
(a) is required to establish a free growing stand under section 44 to 46.1 of this regulation, and
(b) knows that the requirements of section 44 to 46.1 of this regulation, as applicable, cannot be met,
Section 46.11 (1) (a) BEFORE amended by BC Reg 158/2023, effective July 15, 2023.
(a) section 29 of the Act in accordance with section 44, 46.1 or 46.2 (5) of this regulation,
Section 51 (1) (h) BEFORE amended by BC Reg 269/2010, effective October 4, 2010.
(h) felling or modifying a tree under an occupant licence to cut, master licence to cut or free use permit issued in respect of an area that is subject to a licence, permit, or other form of tenure issued under the Land Act, Coal Act, Geothermal Resources Act, Mines Act, Mineral Tenure Act, Mining Right of Way Act, Ministry of Lands, Parks and Housing Act, Petroleum and Natural Gas Act or Pipeline Act, if the felling or modification is for a purpose expressly authorized under that licence, permit or tenure;
Section 51 (1) (i) BEFORE amended by BC Reg 219/2024, effective July 15, 2024.
(i) felling or modifying a tree for the purpose of establishing or maintaining an interpretive forest site, recreation site, recreation facility or recreation trail.
Section 64 (1) BEFORE amended by BC Reg 137/2014, effective June 30, 2014.
(1) If an agreement holder other than a holder of a minor tenure harvests timber in a cutblock, the holder must ensure that the size of the net area to be reforested for the cutblock does not exceed
(a) 40 hectares, for the areas described in the Forest Regions and Districts Regulation that are listed in Column 1, and
(b) 60 hectares, for the areas described in the Forest Regions and Districts Regulation that are listed in Column 2:
| Column 1 40 hectares | Column 2 60 hectares |
| Coast Forest Region | Northern Interior Forest Region |
| Southern Interior Forest Region — Arrow Boundary Forest District; Cascades Forest District; Columbia Forest District; | Southern Interior Forest Region — 100 Mile House Forest District; Central Cariboo Forest District; Chilcotin Forest District; |
| Headwaters Forest District, except the portion of the forest district that is in the Robson Valley Timber Supply Area; Kamloops Forest District; Kootenay Lake Forest District; Okanagan Shuswap Forest District; Rocky Mountain Forest District | The portion of the Headwaters Forest District that is in the Robson Valley Timber Supply Area; Quesnel Forest District |
Part 4, Division 6 heading BEFORE re-enacted by BC Reg 163/2023, effective June 26, 2023.
Division 6 — General Wildlife Measures and Resource Features
Section 77 (3) (part) BEFORE amended by BC Reg 62/2024, effective April 1, 2024.
(3) Unless the road has been deactivated, a person must submit to the district manager or the timber sales manager, as applicable, the documents, drawings and records described in subsections (1) and (2) in respect of a road if the person is no longer required to maintain the road because the district manager or timber sales manager
Section 79 (2) (b) BEFORE amended by BC Reg 62/2024, effective April 1, 2024.
(b) the district manager notifies the person that the road should not be deactivated due to use or potential use of the road by others,
Section 79 (4), (7) (part), (8) and (9) BEFORE amended by BC Reg 62/2024, effective April 1, 2024.
(4) The district manager may order the holder of a road use permit that authorizes the use of a forest service road to assume all or part of the responsibility to maintain the road, including bridges, culverts, fords and other structures associated with the road.
(7) A holder of a road use permit required to maintain a forest service road under subsection (4), on giving the district manager at least 30 days notice, may do one or more of the following in respect of the forest service road:
(8) Within 30 days of receiving a notice referred to in subsection (7), the district manager may impose requirements respecting a bridge or culvert referred to in that subsection, and the holder of the road use permit must comply with those requirements.
(9) If the district manager does not impose requirements under subsection (8), the holder of the road use permit may proceed in accordance with the notice given under subsection (7).
Section 79.1 (2) to (4) BEFORE amended by BC Reg 157/2012, effective June 25, 2012.
(2) Subject to subsection (3), section 22.1 (1) of the Act does not apply to a person using a road on Crown land for a minor salvage operation if the person does not carry out in a stream, or on, in or near a stream bank, any maintenance of the road other than to the road surface.
(3) However, section 22.1 (1) of the Act applies to a person using a road as described in subsection (2) if the minister notifies the person that the minister believes that the use of the road will
(a) materially affect the use of the road by others, or
(b) adversely impact forest resources.
(4) A person using a road as described in subsection (2) must give to any holders of timber sale licences that do not provide for cutting permits, of road permits, of road use permits, of special use permits, or of cutting permits, at least 5 days notice before the date on which the person will
(a) begin use of the road, or
(b) re-start use of the road after an inactive period of 3 months or more.
Section 79.1 (5) to (9) BEFORE repealed by BC Reg 157/2012, effective June 25, 2012.
(5) A person using a road as described in subsection (2), if the road is not subject to a road permit, road use permit, special use permit, cutting permit or timber sale licence that does not provide for cutting permits, must
(a) maintain the road, while using it for the minor salvage operation, in accordance with the provisions of this regulation respecting maintenance of a road, including those provisions that refer to carrying out a primary forest activity, to the extent that those provisions relate to road maintenance, and
(b) as soon as is practicable after completion of use of the road, ensure that the condition of the road surface and road drainage, including ditches, is compatible with the condition of the road surface and drainage as they were immediately before the commencement of the use.
(6) A person using a road as described in subsection (2), if
(a) the road is subject to a timber sale licence that does not provide for cutting permits, to a road permit, to a road use permit, to a special use permit, to a cutting permit, and
(b) the person receives a notice under subsection (7),
is liable to the holder of the permit or licence who gave the notice for payment of the amount determined in accordance with subsection (8).
(7) By written notice, the holder of a permit or licence referred to in subsection (6) (a) may require payment, within the limits referred to in section 22.3 of the Act, from a person using a road as described in subsection (2) of this section.
(8) Section 22.3 (2) and (3) of the Act apply in respect of the payment required by notice under subsection (7) of this section.
(9) A person who is exempted under section 22.1 (4) of the Act must comply with the provisions of this regulation respecting maintenance of a road, including those provisions that refer to carrying out a primary forest activity to the extent that those provisions relate to road maintenance.
Section 79.1 (2.1) was added by BC Reg 157/2012, effective June 25, 2012.
Section 79.2 (3) BEFORE amended by BC Reg 157/2012, effective June 25, 2012.
(3) If a holder's forestry licence to cut authorizes the holder to use a road, other than a road that was constructed under authorization of the forestry licence to cut, the holder, as soon as is practicable after completion of use of the road, but before the forestry licence to cut expires or is surrendered or cancelled, must ensure that the condition of the road surface and road drainage, including ditches, is compatible with the condition of the road surface and drainage as they were immediately before the commencement of the use.
Section 79.2 (4) (a) BEFORE amended by BC Reg 62/2024, effective April 1, 2024.
(a) the district manager notifies the holder that the road should not be deactivated because of use, or potential use, of the road by others,
Section 82 (2) (part) and (4) BEFORE amended by BC Reg 62/2024, effective April 1, 2024.
(2) A person may submit to the district manager, in writing, a request for an exemption from the requirements of subsection (1) (a) if
(4) If a road deactivated under this section is a road that was used under the authority of a road permit associated with, or a cutting permit issued under, a tree farm licence, the holder of the tree farm licence must maintain the stability of each part of the road that was deactivated.
Section 85 (1) (part) BEFORE amended by BC Reg 62/2024, effective April 1, 2024.
(1) An agreement holder must notify the district manager before
Section 86 (3) (part) and (5) (part) BEFORE amended by BC Reg 62/2024, effective April 1, 2024.
(3) Before June 1 of each year, an agreement holder must report to the district manager
(5) Before June 1 of each year, a timber sales manager must report to the district manager
Section 86.2 (b) (iii) BEFORE amended by BC Reg 62/2024, effective April 1, 2024.
(iii) the district manager and the holder of the licence or permit, or
Section 91 (1) (a) (ii) BEFORE amended by BC Reg 158/2023, effective July 15, 2023.
(ii) one or more of the following sections of this regulation: 41; 42; 46; 46.1; 46.2 (5); 50 (2) or (3); 51; 55 to 63; 68; 70 (1); 72; 73; 75; 76; 78; 79; 83 to 85 (1); 111 (4), or
Section 92 (1) BEFORE amended by BC Reg 163/2023, effective June 26, 2023.
(1) The minister responsible for the Wildlife Act may exempt a person from section 69 of this regulation in relation to a general wildlife measure, if satisfied that
(a) the intent of the general wildlife measure will be achieved, or
(b) compliance with that provision is not practicable, given the circumstances or conditions applicable to a particular area.
Section 92.1 (2) (a) and (b) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(a) in relation to section 69 or 70 (2), the minister responsible for the Wildlife Act may attach conditions to the exemption he or she considers necessary to address the conflict, and
(b) in relation to a provision of this regulation other than section 69 or 70 (2), the minister responsible for the Forest Act may attach conditions to the exemption that he or she considers necessary to address the conflict.
Section 94 (6) BEFORE amended by BC Reg 158/2023, effective July 15, 2023.
(6) In fulfilling an obligation transferred under section 29.1 of the Act to a person, the person must comply with
(a) sections 42 to 46.1, as applicable, sections 58, 63, 86 (3) (b) to (d), 87 (3) and 88 of this regulation, and
(b) every other provision of this regulation that regulates silviculture treatments, either specifically or by reference to a primary forest activity.
Section 95 (1) definition of "affiliate" BEFORE amended by BC Reg 62/2024, effective April 1, 2024.
"affiliate" has the same meaning as "affiliate" in section 53 [interpretation and application] of the Forest Act;
Section 95 (1) definition of "control" BEFORE repealed by BC Reg 62/2024, effective April 1, 2024.
"control", with respect to a corporation, has the same meaning as "control of a corporation" in section 53 of the Forest Act.
Section 95 (4) (b) BEFORE amended by BC Reg 62/2024, effective April 1, 2024.
(b) the request referred to in paragraph (a) is made by the licence holder as part of the licence holder's first application for a cutting permit under the agreement under the Forest Act.
Section 96 (1) BEFORE amended by BC Reg 158/2023, effective July 15, 2023.
(1) For the purpose of section 108 (1) (b) of the Act, the minister must not relieve an agreement holder from the requirements of sections 37 to 40, 46, 46.1 or 74 of this regulation unless satisfied that extraordinary circumstances exist which, due to their nature, would make it unjust if the agreement holder were not relieved.
Section 96 (1), (1.1) (part) and (2) BEFORE amended by BC Reg 57/2024, effective March 11, 2024.
(1) For the purpose of section 108 (1) (b) of the Act, the minister must not relieve an agreement holder from the requirements of sections 37 to 40, 46 or 74 of this regulation unless satisfied that extraordinary circumstances exist which, due to their nature, would make it unjust if the agreement holder were not relieved.
(1.1) For the purpose of section 108 (2) and (6) of the Act, "an event causing damage", in relation to an area in which a person has an obligation to establish a free growing stand, means
(2) A person claiming, under section 108 of the Act, relief from, or funding for, the obligation to establish a free growing stand, must provide to the minister the following information:
(a) the nature of the relief sought and why the person is entitled to it;
(b) if the relief sought is funding under section 108 (4) of the Act, a proposal for returning the stand to the condition referred to in that subsection;
(c) an estimate of the extra expense involved in carrying out the course of action, as described in section 108 (3) of the Act.
Section 96 (1.1) (b) BEFORE repealed by BC Reg 57/2024, effective March 11, 2024.
(b) an outbreak of Dothistroma in a lodgepole pine plantation, if the plantation was established before July 31, 2006, or
Section 96 (2.1) to (2.5) were added by BC Reg 57/2024, effective March 11, 2024.
Section 96 (3) (b) and (c) (part) BEFORE amended by BC Reg 57/2024, effective March 11, 2024.
(b) determine whether or not to provide the funds necessary for the proposal under subsection (2) (b), or
(c) provide and fund an alternate course of action to that proposed under subsection (2) (b), if the minister determines that
Section 96 (3) (c) (ii) (A) and (B) BEFORE amended by BC Reg 57/2024, effective March 11, 2024.
(A) the person has not provided a proposed course of action under subsection (2) (b), or
(B) the proposed course of action under subsection (2) (b) is unacceptable.
Section 97 (3) BEFORE amended by BC Reg 158/2023, effective July 15, 2023.
(3) A person may make a written declaration under section 107 of the Act for a cutblock to which section 44 (4) or 46.1 (2) of this regulation applies no earlier than 12 months after the completion of harvesting on the area of the cutblock.
Section 97 (5) (a) BEFORE amended by BC Reg 158/2023, effective July 15, 2023.
(a) section 29 of the Act in accordance with section 44, 45, 46.1 (2) or 46.2 (5) of this regulation,
Section 97.1 (1) (a) BEFORE amended by BC Reg 158/2023, effective July 15, 2023.
(a) section 29 of the Act in accordance with section 44, 46.1 or 46.2 (5) of this regulation,
Section 97.1 (1) sandwich text BEFORE amended by BC Reg 62/2024, effective April 1, 2024.
considers that the obligation has been met on an area to the extent that is practicable, the person may submit to the district manager a written declaration thatSection 97.1 (4) (a) BEFORE amended by BC Reg 62/2024, effective April 1, 2024.
(a) the notice is given within 15 months after the date the district manager received the declaration,
Section 102 (1) BEFORE amended by BC Reg 158/2023, effective July 15, 2023.
(1) A person who contravenes section 35 (3), 37, 38, 44 (1), (2) or (4), 45 (1) or (2), 46.1 (1) or (2), 46.2 (5), 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62 (2), 63 (1), 66, 67, 69, 72, 73, 74, 75, 76, 77 (1) (a), 79 (8), 82 (1) (a), (b) or (c) or 83 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 106.2 (1.1) was added by BC Reg 219/2024, effective July 15, 2024.
Section 106.2 (3) BEFORE amended by BC Reg 219/2024, effective July 15, 2024.
(3) A holder of a timber sale licence who carries out a primary forest activity on an area that is in a forest development unit of a forest stewardship plan prepared by a timber sales manager must not apply for an exemption under section 91 or 92 without the consent of the timber sales manager.
Section 109 BEFORE repealed by BC Reg 177/2014, effective September 22, 2014.
Bark beetle management powers
109 (1) The power of the minister to designate an emergency bark beetle management area under section 2 [designation of an emergency bark beetle management area] of the Bark Beetle Regulation, B.C. Reg. 286/2001, as it was immediately before its repeal, is continued under this regulation.
(2) The power of the coordinator to designate an emergency bark beetle management area as an emergency management unit under section 3 [designation of an emergency management unit] of the Bark Beetle Regulation, as it was immediately before its repeal, is continued under this regulation.
Section 111 (5) (part) BEFORE amended by BC Reg 62/2024, effective April 1, 2024.
(5) If the district manager determines that timber harvesting on an area subject to a consolidated site level plan is proposed to address an incidence of blowdown, beetle infestation or other forest health factor, the district manager may
Schedule 2, items 14 to 18, 19 to 22, 29 and 29 and 40 BEFORE amended by BC Reg 137/2014, effective June 30, 2014.
[en. B.C. Reg. 62/2005, s. 19.]
Fisheries Sensitive Waters
(Section 8.1)
| Item | Fisheries Sensitive Watershed | Forest District |
| 14 | Finn Creek | Headwaters |
| 15 | Gold Creek (Upper Adams Watershed) | Headwaters |
| 16 | Raft River | Headwaters |
| 17 | Upper Adams River | Headwaters |
| 18 | Otter Creek | Headwaters |
| 19 | Hiuhill Creek | Kamloops |
| 20 | Barriere River | Kamloops |
| 21 | Bonaparte River | Kamloops |
| 22 | Deadman River | Kamloops |
| 29 | Horsefly River | Central Cariboo |
| 39 | Pacofi Creek | Queen Charlotte Islands |
| 40 | Awun River (Talking Bear Creek Sub-basin) | Queen Charlotte Islands |