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"Point in Time" Regulation Content

Wildfire Act

Wildfire Regulation

B.C. Reg. 38/2005

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 1 June 25, 2010
May 26, 2011
June 25, 2012
October 24, 2014
March 22, 2018
June 26, 2020
February 5, 2021
April 24, 2023
March 18, 2024
April 1, 2024
Section 2.2 April 24, 2023
Section 2.3 April 24, 2023
Section 4 June 9, 2011
Section 6 April 24, 2023
Section 7 April 24, 2023
Section 11 May 26, 2011
June 25, 2012
Section 12 May 26, 2011
Section 12.1 May 26, 2011
February 5, 2021
Section 12.2 June 25, 2012
Section 15 June 26, 2020
Section 19 June 26, 2020
April 24, 2023
Section 20 June 25, 2010
June 26, 2020
April 24, 2023
Section 21 June 26, 2020
April 24, 2023
Section 22 June 26, 2020
April 24, 2023
Section 23 June 26, 2020
April 24, 2023
Section 23.1 March 18, 2024
Section 24 April 24, 2023
March 18, 2024
Section 28 June 26, 2020
Section 29 June 26, 2020
April 24, 2023
Section 30 June 30, 2014
June 26, 2020
Section 31 June 26, 2020
Section 33 June 25, 2012
March 22, 2018
Section 34 March 22, 2018
April 24, 2023
Schedule 3 June 26, 2020
March 30, 2022
April 24, 2023
Schedule 4 June 24, 2019

 Section 1 (1) definition of "category 1 open fire" BEFORE repealed by BC Reg 206/2010, effective June 25, 2010.

"category 1 open fire" means an open fire that burns piled material no larger than 1m in height and 1 m in diameter and includes a campfire that burns such material;

 Section 1 (1) definition of "category 2 open fire" BEFORE amended by BC Reg 206/2010, effective June 25, 2010.

"category 2 open fire" means an open fire that

(a) burns material in one pile not exceeding 2 m in height and 3 m in width,

(b) burns material concurrently in 2 piles each not exceeding 2 m in height and 3 m in width, or

(c) burns stubble or grass over an area that does not exceed 0.2 ha;

 Section 1 (1) definition of "resource management open fire" paragraph (b) BEFORE amended by BC Reg 206/2010, effective June 25, 2010.

(b) is not a category 1, 2 or 3 open fire and is lit, fuelled or used for silviculture treatment, forest health management, wildlife habitat enhancement, fire hazard abatement, ecological restoration or range improvement;

 Section 1 (1) definition of "fire suppression system" BEFORE amended by BC Reg 96/2011, effective May 26, 2011.

"fire suppression system" means a system for suppressing fire by delivering

(a) water,

(b) a suppressant,

(c) a surfactant, or

(d) any combination of the substances listed in paragraphs (a) to (c)

and includes a water delivery system;

 Section 1 (1) definition of "qualified holder" was added by BC Reg 96/2011, effective June 9, 2011.

 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 "qualified holder" BEFORE amended by BC Reg 190/2014, effective October 24, 2014.

(ii) is not in arrears under the Annual Rent Regulation for the annual rent payable respecting the agreement or licence;

 Section 1 (1) definition of "engine", paragraph (a) BEFORE amended by BC Reg 60/2018, effective March 22, 2018.

(a) an engine on or in a watercraft that is in the water,

 Section 1 (1) definition of "engine", paragraph (b) BEFORE repealed by BC Reg 60/2018, effective March 22, 2018.

(b) an engine in or on a vehicle primarily used for the transportation of people, or

 Section 1 (1) definition of "direct fire control cost" BEFORE amended by BC Reg 157/2020, effective June 26, 2020.

"direct fire control cost" means a cost of the government for fire control activities that is recoverable under section 25 (1) (a) or 27 (1) (b) of the Act;

 Section 1 (1) definition of "drought code value" BEFORE repealed by BC Reg 157/2020, effective June 26, 2020.

"drought code value" means the value of the drought code determined in accordance with the Canadian Forest Service's publication, the Canadian Forest Fire Weather Index System, as amended from time to time;

 Section 1 (1) definition of "qualified holder", paragraph (a) BEFORE amended by BC Reg 157/2020, effective June 26, 2020.

(a) who is a party to a cost sharing agreement or service agreement, as defined in section 28 of this regulation, or

 Section 1 (5) (c) BEFORE repealed by BC Reg 157/2020, effective June 26, 2020.

(c) drought code value exceeds 15.

 Section 1 (1) definitions of "professional forester" and "registered forest technologist" were added by BC Reg 11/2021, effective February 5, 2021.

 Section 1 (1) definition of "campfire" BEFORE repealed by BC Reg 110/2023, effective April 24, 2023.

"campfire" means an open fire that meets both of the following requirements:

(a) the open fire burns material in one pile no larger than 0.5 m in height and 0.5 m in width;

(b) the open fire is lit, fuelled or used

(i) by any person for a recreational purpose, or

(ii) by a first nation for a ceremonial purpose;

 Section 1 (1) definitions of "category 1 campfire", "category 4 resource management open fire", "outdoor stove" and "payroll loading cost" were added by BC Reg 110/2023, effective April 24, 2023.

 Section 1 (1) definition of "category 2 open fire" BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

"category 2 open fire" means an open fire, other than a campfire, that

(a) burns material in one pile not exceeding 2 m in height and 3 m in width,

(b) burns material concurrently in 2 piles each not exceeding 2 m in height and 3 m in width, or

(c) burns stubble or grass over an area that does not exceed 0.2 ha;

 Section 1 (1) definition of "category 3 open fire", paragraph (c) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(c) one or more windrows, or

 Section 1 (1) definition of "protected area", paragraph (a) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(a) a

(i) park,

(ii) recreation area, or

(iii) conservancy

as defined in section 1 of the Park Act,

 Section 1 (1) definition of "qualified holder" BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

"qualified holder" means a person, other than the government,

(a) who is a party to a wildfire response agreement, as defined in section 28 of this regulation, or

(b) who

(i) is the holder of an agreement or licence referred to in section 12 (1) (a), (c), (d), (e) and (g) and (2) (a) of the Forest Act, and

(ii) is not in arrears, under the Annual Rent Regulation, B.C. Reg. 122/2003, for the annual rent payable respecting

(A) the agreement or licence, or

(B) in the case of a supplemental forest licence, the cutting permit issued under the supplemental forest licence;

 Section 1 (1) definition of "resource management open fire" BEFORE repealed by BC Reg 110/2023, effective April 24, 2023.

"resource management open fire" means an open fire that

(a) burns unpiled slash over an area of any size, or

(b) is not a campfire or a category 2 or 3 open fire and is lit, fuelled or used for silviculture treatment, forest health management, wildlife habitat enhancement, fire hazard abatement, ecological restoration or range improvement;

 Section 1 definition of "category 4 resource management open fire", paragraph (b) BEFORE amended by BC Reg 68/2024, effective March 18, 2024.

(b) is not a category 1 campfire or category 2 or 3 open fire and is lit, fuelled or used for silviculture treatment, forest health management, wildlife habitat enhancement, fire hazard abatement, ecological restoration or range improvement;

 Section 1 definitions of "Indigenous governing body" and "Indigenous peoples" were added by BC Reg 68/2024, effective March 18, 2024.

 Section 1 (1) definition of "qualified holder", paragraph (b) (ii) (B) BEFORE amended by BC Reg 62/2024, effective April 1, 2024.

(B) in the case of a supplemental forest licence, the cutting permit issued for the supplemental forest licence;

 Section 2.2 (part) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

Prescribed criteria for bylaw

2.2   For the purposes of section 4 (2) of the Act, the prescribed criteria for a bylaw that relates to the lighting, fueling or use of open fires are as follows:

 Section 2.3 (a) (i) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(i) relates to the lighting, fueling or use of open fire, and

 Section 2.3 (b) (i) (A) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(A) relates to the lighting, fueling or use of open fires, and

 Section 4 (e) was added by BC Reg 104/2011, effective June 9, 2011.

 Section 6 (4) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(4) A person who, in accordance with subsection (3) (a) and Schedule 3, is required to maintain a fire watcher, must ensure that the fire watcher

(a) can reasonably see the site of the high risk activity during the time the fire watcher is required,

(b) has at least one fire fighting hand tool,

(c) actively watches and patrols for sparks and fires on the site of the high risk activity,

(d) immediately carries out fire control and extinguishes the fire, if practicable, and

(e) has the means on site to report the fire.

 Section 7 sandwich text BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

  on a site that is on or within 300 m of forest land or grass land must maintain a sufficient fuel break at or near the site to ensure that a fire originating at the site does not escape the site.

 Section 11 (2) and (3) BEFORE amended by BC Reg 96/2011, effective May 26, 2011.

(2)  The prescribed intervals, at which persons described in section 7 (1) of the Act must conduct fire hazard assessments, are

(a) 3 month intervals during the period in which the persons are carrying on the industrial activity or the prescribed activity in an area inside, or within 2 km of, the boundaries of

(i)  a local government under paragraphs (d) to (f) of the definition of "local government" in section 1 of the Act, or

(ii)  a fire protection district in a regional district, and

(b) the shorter interval between the most recent 3 month interval and the date on which the activity ceases for an expected period of 3 months or more.

(3)  The prescribed intervals, at which persons described in section 7 (1) of the Act must conduct fire hazard assessments, are

(a) 6 month intervals during the period during which the persons, in any area other than the area described in subsection (2), are carrying on the industrial activity or the prescribed activity, and

(b) the shorter interval between the most recent 6 month interval and the date on which the activity ceases for an expected period of 6 months or more.

 Section 11 (3.1) was added by BC Reg 96/2011, effective June 9, 2011.

 Section 11 (5) was added by BC Reg 157/2012, effective June 25, 2012.

 Section 12 (1) BEFORE amended by BC Reg 96/2011, effective May 26, 2011.

(1)  The following periods are prescribed as the periods in which persons described in section 7 (2) of the Act must abate fire hazards of which the persons are aware:

(a) for an area described in section 11 (2) (a) of this regulation, each of the 6 month periods beginning on the dates on which the persons are required under section 7 (1) of the Act to conduct fire hazard assessments;

(b) for an area other than an area described in section 11 (2) (a) of this regulation, each of the 12 month periods beginning on the dates on which the persons are required under section 7 (1) of the Act to conduct fire hazard assessments.

 Section 12 (3) was added by BC Reg 96/2011, effective June 9, 2011.

 Section 12.1 was added by BC Reg 96/2011, effective May 26, 2011.

 Section 12.1 (2) (b) (ii) BEFORE amended by BC Reg 11/2021, effective February 5, 2021.

(ii) the period specified by a professional forester or registered forest technologist under the Foresters Act.

 Section 12.1 (3) (b) BEFORE amended by BC Reg 11/2021, effective February 5, 2021.

(b) as specified by a professional forester or registered forest technologist under the Foresters Act.

 Section 12.2 was added by BC Reg 157/2012, effective June 25, 2012.

 Section 15 (1) (e) BEFORE repealed by BC Reg 157/2020, effective June 26, 2020.

(e) foreseeable losses.

 Section 15 (3) was added by BC Reg 157/2020, effective June 26, 2020.

 Section 19 (3) BEFORE amended by BC Reg 157/2020, effective June 26, 2020.

(3) If an open fire referred to in subsection (1) becomes out of control, the person who lit, fueled or used the open fire

 Section 19 (2) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(2) Without limiting subsection (1), a person who lights, fuels or uses an open fire referred to in that subsection must ensure that the fire does not escape.

 Section 20 BEFORE amended by BC Reg 206/2010, effective June 25, 2010.

 Category 1 open fire

20  (1)  The circumstances in which a person described in section 5 (1) or 6 (1) of the Act may light, fuel or use a category 1 open fire in or within 1 km of forest land or grass land are as follows:

(a) the person is not prohibited from doing so under another enactment;

(b) to do so is safe and is likely to continue to be safe;

(c) the person takes reasonable precautions to ensure the fire is contained in the burn area;

(d) while the fire is burning the person ensures that the fire is watched and patrolled by a person to prevent the escape of fire and the person is equipped with at least one fire fighting hand tool;

(e) before leaving the area, the person ensures that the fire is extinguished.

(2)  Without limiting subsection (1), a person who lights, fuels or uses a category 1 open fire must ensure that the fire does not escape.

(3)  If a category 1 open fire spreads beyond the burn area or otherwise becomes out of control, the person who lit, fueled or used the open fire

(a) immediately must carry out fire control and extinguish the fire if practicable, and

(b) as soon as practicable must report the open fire as described in section 2 of the Act.

(4)  A person to whom subsection (3) applies may discontinue carrying out fire control if relieved from doing so by an official.

[am. B.C. Reg. 75/2006, s. 7.]

 Section 20 (3) BEFORE amended by BC Reg 157/2020, effective June 26, 2020.

(3) If a campfire spreads beyond the burn area or otherwise becomes out of control, the person who lit, fueled or used the campfire

 Section 20 (1) (part) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(1) The circumstances in which a person described in section 5 (1) or 6 (1) of the Act may light, fuel or use a campfire in or within 1 km of forest land or grass land are as follows:

 Section 20 (1) (c) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(c) the person establishes a fuel break around the burn area;

 Section 20 (1) (d) (ii) (part) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(ii) the fire is watched and patrolled by a person to prevent the escape of fire and the person is equipped with at least

 Section 20 (2) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(2) Without limiting subsection (1), a person who lights, fuels or uses a campfire must ensure that the fire does not escape.

 Section 20 (3) (part) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(3) If a campfire spreads beyond the burn area or otherwise becomes out of control, the person who lit, fuelled or used the campfire

 Section 21 (3) BEFORE amended by BC Reg 157/2020, effective June 26, 2020.

(3) If a category 2 open fire, lit, fueled or used in the circumstances set out in subsection (1), spreads beyond the burn area or otherwise becomes out of control, the person who lit, fueled or used the open fire must

 Section 21 (1) (c) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(c) the person establishes a fuel break around the burn area;

 Section 21 (1) (d) (part) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(d) while the fire is burning and there is a risk of the fire escaping the person ensures that

 Section 21 (1) (d) (ii) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(ii) a fire suppression system is available at the burn area, of a type and with a capacity adequate for fire control if the fire escapes, and

 Section 21 (1) (d) (iii) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(iii) the fire is watched and patrolled by a person to prevent the escape of fire and the person is equipped with at least one fire fighting hand tool;

 Section 21 (2) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(2) Without limiting subsection (1), a person who lights, fuels or uses a category 2 open fire in the circumstances set out in subsection (1) must ensure that the fire does not escape.

 Section 21 (3) (part) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(3) If a category 2 open fire, lit, fuelled or used in the circumstances set out in subsection (1), spreads beyond the burn area or otherwise becomes out of control, the person who lit, fuelled or used the open fire must

 Section 22 (4) BEFORE amended by BC Reg 157/2020, effective June 26, 2020.

(4) If a category 3 open fire lit, fuelled or used in the circumstances set out in subsection (1) spreads beyond the burn area or otherwise becomes out of control, the person who lit, fueled or used the open fire must

 Section 22 (1) (d) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(d) the person takes all necessary precautions to ensure the fire is contained in the burn area;

 Section 22 (1) (e) (i) and (ii) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(i) the burn area, or

(ii) each debris pile or windrow;

 Section 22 (1) (f) (part) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(f) while the fire is burning and there is a risk of the fire escaping the person ensures that

 Section 22 (1) (f) (ii) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(ii) a fire suppression system is available at the burn area, of a type and with a capacity adequate for fire control if the fire escapes,

 Section 22 (1) (f) (iii) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(iii) the fire is watched and patrolled by a person to prevent the escape of fire and the person is equipped with at least one fire fighting hand tool, and

 Section 22 (1) (f) (iv) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(iv) the fire does not exceed the capacity of the persons, fire fighting tools and heavy equipment on site for timely action to prevent any fire from escaping.

 Section 22 (2) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(2) A person who, in the circumstances set out in subsection (1), lights, fuels or uses a category 3 open fire on a burn area must ensure that

(a) no windrow on the burn area exceeds 200 m in length or 15 m in width, and

(b) the category 3 open fire is extinguished by the date specified by the official or person who issued the burn registration number.

 Section 22 (2.1) was added by BC Reg 110/2023, effective April 24, 2023.

 Section 22 (3) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(3) Without limiting subsection (1) or (2), a person who lights, fuels or uses a category 3 open fire must ensure that the fire does not escape.

 Section 22 (4) (part) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(4) If a category 3 open fire lit, fuelled or used in the circumstances set out in subsection (1) spreads beyond the burn area or otherwise becomes out of control, the person who lit, fuelled or used the open fire must

 Section 23 (4) BEFORE amended by BC Reg 157/2020, effective June 26, 2020.

(4) If a resource management open fire spreads beyond the burn area or otherwise becomes out of control, the person who lit, fueled or used the fire

 Section 23 (1) (e) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(e) the person takes all necessary precautions to ensure the fire is contained in the burn area.

 Section 23 (3) (b) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(b) ensure that the fire does not escape.

 Section 23 (4) (part) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(4) If a resource management open fire spreads beyond the burn area or otherwise becomes out of control, the person who lit, fuelled or used the fire

 Section 23.1 was enacted by BC Reg 68/2024, effective March 18, 2024.

 Section 24 (1) (b) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(b) the whereabouts of the parcel of land that contains the proposed burn area, including a legal description of the parcel if available;

 Section 24 (a) BEFORE amended by BC Reg 68/2024, effective March 18, 2024.

(a) the name, address and telephone or facsimile number, or other means of immediate contact, of the person who proposes to light, fuel or use the open fire;

 Section 28 BEFORE re-enacted by BC Reg 157/2020, effective June 26, 2020.

Definitions

28   In section 29:

"cost sharing agreement" means an agreement between the government and a person in which

(a) the person agrees to pay to the government an amount of money, and

(b) the government agrees to either reduce or eliminate the costs it incurs in carrying out fire control in respect of a fire that is the responsibility of the person;

"service agreement" means an agreement between the government and a person in which

(a) the person agrees to pay to the government an amount of money, and

(b) subject to section 8 of the Act, the government agrees to

(i) carry out fire control services in respect of a fire that is the responsibility of the person, and

(ii) either reduce or not recover the government's costs determined under section 25 (1) (a) or 27 (1) (b) of the Act incurred in carrying out fire control for a fire that is the responsibility of the person.

 Section 29 (a) (i) BEFORE amended by BC Reg 157/2020, effective June 26, 2020.

(i) the person has entered into a cost sharing agreement or a service agreement with the government,

 Section 29 BEFORE renumbered by BC Reg 110/2023, effective April 24, 2023.

Circumstances for not seeking cost recovery

29   The circumstances in which the minister, under section 25 (2) or 27 (1) (d) of the Act, may not by order require a person to pay to the government the government's fire control costs determined under section 25 (1) (a) or 27 (1) (b) of the Act are that the person, through their acts or omissions, did not willfully cause or contribute to the start or spread of the fire, and

(a) before the government has carried out fire control for the fire that gives rise to the government's costs,

(i) the person has entered into a wildfire response agreement with the government,

(ii) the agreement is in effect at the time of the fire, and

(iii) any failure of the person to act in accordance with the agreement did not directly or indirectly cause or contribute to the start or spread of the fire, or

(b) the fire that gives rise to the government's costs results from timber harvesting, silviculture treatments, road construction, road maintenance or road deactivation by a person who

(i) is the holder of an agreement or licence under the Forest Act, and

(ii) as of the date of the fire, is not in arrears for the annual rent payable for the agreement or licence under the Annual Rent Regulation, B.C. Reg. 122/2003.

[en. B.C. Reg. 75/2006, s. 12; am. B.C. Reg. 157/2020, s. 6.]

 Section 29 (1) (b) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(b) the fire that gives rise to the government's costs results from timber harvesting, silviculture treatments, road construction, road maintenance or road deactivation by a person who

(i) is the holder of an agreement or licence under the Forest Act, and

(ii) as of the date of the fire, is not in arrears for the annual rent payable for the agreement or licence under the Annual Rent Regulation, B.C. Reg. 122/2003.

 Section 29 (2) was added by BC Reg 110/2023, effective April 24, 2023.

 Section 30 (b) (i) BEFORE repealed by BC Reg 137/2014, effective June 30, 2014.

(i) whether timber when damaged or destroyed was in

(A) the Coast forest region or the Kalum forest district, or

(B) elsewhere in British Columbia,

 Section 30 (b) (v) (A) BEFORE amended by BC Reg 157/2020, effective June 26, 2020.

(A) the species composition of the stand of the timber when the fire occurred, or

 Section 31 (1) (a) (vii) BEFORE amended by BC Reg 157/2020, effective June 26, 2020.

(vii) aircraft basing charges (preparedness) for contracted aircraft;

 Section 33 (2) (a) BEFORE amended by BC Reg 157/2012, effective June 25, 2012.

(a) $100 000 for the contravention of section 6 (1), (2) (a) or (b) or (3), 7 (2) or (4), 22 (1) or 56 (2), and

 Section 33 (1) (a) BEFORE amended by BC Reg 58/2018, effective March 22, 2018.

(a) $100 000 for the contravention of section 6 (2), (3) or (4), 9, 13 (1), 19 (2) or (3), 20 (2) or (3), 21 (2), (3), (5) or (6), 22 (3), (4), (6) or (7), 23 (3) or (4), 25 (2) or 26 (3), and

 Section 33 (2) (a) and (b) BEFORE amended by BC Reg 58/2018, effective March 22, 2018.

(a) $100 000 for the contravention of section 6 (1), (2) (a) or (b) or (3), 7 (2), (2.1) or (4), 22 (1) or 56 (2), and

(b) $10 000 for the contravention of section 2, 3 (1) or (2) (a) or (b), 5 (1) or (2) (a) or (b), 10 (3) or (4), 11 (2), 12 (2) (a) or (b), 13 (2) or 16 (2).

 Section 34 (1) BEFORE amended by BC Reg 58/2018, effective March 22, 2018.

(1) A person who contravenes section 6 (2), (3) or (4), 9, 10, 12 (2), 13 (1), 19 (2) or (3), 20 (2) or (3), 21 (2), (3), (5) or (6), 22 (3), (4), (6) or (7), 23 (3) or (4), 25 (2) or 26 (3) 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 34 (1) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

(1) A person who contravenes section 6 (2), (3) or (4), 8, 9, 10, 12 (2), 13 (1), 19 (2) or (3), 20 (2) or (3), 21 (2), (3), (5) or (6), 22 (3), (4), (6) or (7), 23 (3) or (4), 25 (2) or 26 (3) 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.

 Schedule 3 BEFORE re-enacted by BC Reg 157/2020, effective June 26, 2020.

Schedule 3

[am. B.C. Reg. 206/2005, s. 16.]

Restrictions on High Risk Activities

(Section 6 (3))

Column 1
Fire Danger
Class (DGR)
Column 2
Restriction
Column 3
Duration
III (moderate)After 3 consecutive days of DGR III or greater, maintain a fire watcher after work for a minimum of one hourUntil after the fire danger class falls below DGR III
IV (high)Maintain a fire watcher after work for a minimum of 2 hoursUntil after the fire danger class falls below DGR III
After 3 consecutive days of DGR IV, cease activity between 1 p.m. PDT (Pacific Daylight Saving Time) and sunset each dayUntil after the fire danger class falls to DGR III for 2 consecutive days, or falls below DGR III
V (extreme)Cease activity between 1 p.m. PDT (Pacific Daylight Saving Time) and sunset each day and maintain a fire watcher after work for a minimum of 2 hoursUntil after the fire danger class falls below DGR IV for 2 or more consecutive days
After 3 consecutive days of DGR V, cease activity all dayUntil after the danger class falls below DGR V for 3 or more consecutive days, or falls below DGR IV

 Schedule 3, items 3 and 4 BEFORE amended by BC Reg 83/2022, effective March 30, 2022.

3IV (high)After 3 consecutive days of DGR IV, cease activity between 1 p.m. Pacific Daylight Saving Time and sunset each dayUntil after the fire danger class falls to DGR III for 2 consecutive days or falls below DGR III
4V (extreme)Cease activity between 1 p.m. Pacific Daylight Saving Time and sunset each day and maintain a fire watcher after work for a minimum of 2 hoursUntil after the fire danger class falls below DGR IV for 2 or more consecutive days
After 3 consecutive days of DGR V, cease activity all dayUntil after the fire danger class falls to DGR IV for 3 or more consecutive days or falls below DGR IV

 Schedule 3, column 2 of items 1, 2 and 4 (part) BEFORE amended by BC Reg 110/2023, effective April 24, 2023.

After 3 consecutive days of DGR III or greater, maintain a fire watcher after work for a minimum of one hour
Maintain a fire watcher after work for a minimum of 2 hours
Cease activity between 1 p.m. local time and sunset each day and maintain a fire watcher after work for a minimum of 2 hours

 Schedule 4 BEFORE re-enacted by BC Reg 143/2019, effective June 24, 2019.

Schedule 4

Rates of Compensation

(Sections 14 and 31)

CategoryType of AssistanceRate
1Emergency assistance — non-fire line positions (warehouse, clerical, administration, heli-base, camp, and kitchen staff).$13/hr
2Emergency Fire Fighter including Pump Operator, Cook, Equipment Swamper, Falling Spotter, Security Person, Radio Operator, and Class 5 Driver.$15/hr
3Crew Leader, Power Saw Operator (bucker), Time Recorder, Fire Patrol Person, Planning, Logistics, or Finance Assistant with computer skills, and Resource Tracking System Dispatcher.$17/hr
4Fire Warden, Field and Weather Observer, Unit Leader, Level 3 First Aid Attendant, Head Cook, Air Assistant, Infra-red Equipment Operator, and Class 1, 2, 3 or 4 Driver.$19/hr
5Incident Commander Type 4, Task Force Leader, Heli-base Manager, Warehouse Manager, Security Manager, Strike Team Leader, Line Scout (locator), Heavy Equipment Operator, and Technical Specialists (mapping, computer systems, fire behaviour, training, etc.).$20/hr
6Division Supervisor, Group Supervisor, Staging Area Manager, Camp Manager, Helicopter Coordinator (Rotary Wing Air Attack Officer), Safety Assistant, Liaison Assistant, and Information Assistant.$21/hr
7Incident Commander Type 3, Section Chief Type 2, Branch Director, Danger Tree Assessor, Safety Officer, Liaison Officer, Information Officer, Agency Representative, Risk Management Officer, and Rehabilitation Coordinator.$22/hr
8Incident Commander Type 2 (and Deputy), Section Chief Type 1 (and Deputy), Trade person with tools, and Danger Tree Assessment Coordinator.$23/hr
9Danger Tree Faller with personal protective equipment$32/hr
10Deputy Incident Commander Type 1, Coach/Mentor Type 1, and Faller Coordinator.$35/hr