Section 1 definitions of "designated official" and "district manager" BEFORE repealed by 2002-18-2(a), effective April 11, 2002 (Royal Assent).
"designated official" means a person designated under section 5 (1);
"district manager" means a district manager appointed for a forest district under the Ministry of Forests Act;
Section 1 definition of "local strategic plan" BEFORE amended by 2002-18-2(b), effective April 11, 2002 (Royal Assent).
"local strategic plan" means a plan referred to in Schedule 6 to Order in Council 1367/97 or a local strategic plan enacted under section 6 that is one of the following:
(a) an oil and gas pre-tenure plan;
(b) a recreation management plan;
(c) a park management plan;
(d) a wildlife management plan;
Section 4 (4) BEFORE repealed by 2002-18-3, effective April 11, 2002 (Royal Assent).
(4) For the purposes of section 11.1 of the Mineral Tenure Act and section 12.1 of the Coal Act, the management plan is deemed to be an applicable higher level plan as defined in section 2 (7) of the Forest Practices Code of British Columbia Act.
Section 5 (1) BEFORE amended by 2002-18-4, effective April 11, 2002 (Royal Assent).
(1) By order, the Lieutenant Governor in Council may designate by name or title from among the following those persons who may approve operational instruments for the purposes of section 8 (3) and, by order, enact local strategic plans:
(a) a person employed in the Ministry of Energy and Mines who is designated by name or title to be the designated energy and mines official for the purposes of this Act;
(b) a person employed in the Ministry of Environment, Lands and Parks who is designated by name or title to be the designated environment, lands and parks official for the purposes of this Act;
(c) a person employed in the Ministry of Forests who is designated by name or title to be the designated forest official for the purposes of this Act.
Section 6 BEFORE repealed by 2002-18-5, effective April 11, 2002 (Royal Assent).
Enactment of local strategic plans and approvals by designated officials
6 (1) Subject to the regulations, designated officials may, by order, enact local strategic plans as follows:
(a) the designated environment, lands and parks official and the designated forest official together may enact a recreation management plan;
(b) the designated energy and mines official, the designated environment, lands and parks official and the designated forest official together may enact an oil and gas pre-tenure plan;
(c) the designated environment, lands and parks official may enact a wildlife management plan;
(d) the designated environment, lands and parks official may enact a park management plan.
(2) When establishing, varying or cancelling a landscape unit objective, the district manager must obtain the approval of the designated energy and mines official and the designated environment, lands and parks official.
Section 7 (2) (f) BEFORE amended by 2003-55-104, effective January 31, 2004 (BC Reg 07/2004).
(f) a range use plan under the Forest Practices Code of British Columbia Act that applies to a Provincial park must be consistent with any local strategic plan that is a park management plan.
Section 8 (3), (4) and (6) BEFORE amended by 2002-18-6, effective April 11, 2002 (Royal Assent).
(3) The approval or issuing of the following operational instruments under the Forest Practices Code of British Columbia Act requires the additional approvals of designated officials as indicated:
(a) before approving a forest development plan under the Forest Practices Code of British Columbia Act, the district manager must obtain the approval of the designated environment, lands and parks official regarding any contents of the forest development plan that relate directly to the construction, modification or deactivation of a road;
(b) before issuing a special use permit under the Forest Practices Code of British Columbia Act, approved by the Chief Inspector of Mines, for the purpose of providing road access and other infrastructure outside of the mineral claim area to support mineral exploration or development, the district manager must obtain the approval of the designated environment, lands and parks official and the designated energy and mines official for the practicable location, design and maintenance of any road access or other infrastructure or for the deactivation of any road access;
(c) before approving a range use plan under the Forest Practices Code of British Columbia Act for an area within a Provincial park, the district manager must obtain the approval of the designated environment, lands and parks official.
(4) If the district manager does not obtain approval of the designated officials specified in subsection (3) within 60 days of requesting approval, the approval or issuing of the operational instrument is to be given or done on the agreement of the appropriate deputy ministers instead of their designated officials.
(6) Despite subsections (1) and (2), if all the designated officials and district managers who would be required to approve a local strategic plan or landscape unit objective as a prerequisite to an operational instrument agree that any local strategic plan or landscape unit objective would not affect the operational instrument, they may approve the operational instrument in the absence of a local strategic plan or landscape unit objective.
Section 8 (1) (a) BEFORE amended by 2003-55-105, effective January 31, 2004 (BC Reg 7/2004).
(a) a landscape unit objective is a prerequisite to a forest development plan, under the Forest Practices Code of British Columbia Act;
Section 8 (2) BEFORE amended by 2008-36-149, effective October 4, 2010 (BC Reg 274/2010).
(2) Despite subsection (1) (b), an oil and gas pre-tenure plan is not a prerequisite to the approval and conduct of geophysical exploration in accordance with Part 4 of the Petroleum and Natural Gas Act.
Section 8 (2) BEFORE amended by 2022-42-60,Sch 1, effective September 1, 2023 (BC Reg 187/2023).
(2) Despite subsection (1) (b), an oil and gas pre-tenure plan is not a prerequisite to the approval and conduct of geophysical exploration in accordance with the Oil and Gas Activities Act.
Section 8 (1) (a) BEFORE amended by 2021-37-110, effective July 15, 2024 (BC Reg 219/2024).
(a) a landscape unit objective is a prerequisite to a forest development plan or a forest stewardship plan under the Forest and Range Practices Act;
Section 9 BEFORE amended by 2002-18-7, effective April 11, 2002 (Royal Assent).
9 The Premier must appoint an advisory board, to be known as the Muskwa-Kechika Advisory Board, to advise on natural resource management in the management area.
Section 13 (1) (c) BEFORE amended by 2016-5-24, effective March 10, 2016 (Royal Assent).
(c) revenue derived from fund raising and the sale of promotional, educational or other materials, goods or services and other programs or activities under section 12 (2) (g);
Section 18 (1) (part) BEFORE amended by 2001-17-1, effective April 11, 2001 (Royal Assent).
(1) Before May 1 in each year, starting May 1, 1999 and ending May 1, 2002, the Minister of Finance and Corporate Relations
Section 18 (1) (a) BEFORE amended by 2001-17-1, effective April 11, 2001 (Royal Assent).
(a) must pay an amount out of the consolidated revenue fund, without an appropriation other than this section, into the general account of the trust fund, up to the amount that would restore the balance in the account to $2 000 000, and
Section 18 (1) BEFORE amended by 2002-18-9(a), effective March 31, 2002 [retro from April 11, 2002 (Royal Assent)].
(1) Before May 1 in each year, starting May 1, 2001 and ending May 1, 2005, the Minister of Finance and Corporate Relations
(a) must pay an amount out of the consolidated revenue fund, without an appropriation other than this section, into the general account of the trust fund, up to the amount that would restore the balance in the account to $3 000 000, and
(b) must pay an amount out of the consolidated revenue fund, without an appropriation other than this section, into the project account of the trust fund the lesser of
(i) $400 000 annually, and
(ii) an amount equal to the contributions to the project account during the previous fiscal year.
Section 18 (1.1) was added by 2002-18-9(a), effective March 31, 2002 [retro from April 11, 2002 (Royal Assent)].
Section 18 (2) BEFORE amended by 2002-18-9(b), effective March 31, 2002 [retro from April 11, 2002 (Royal Assent)].
(2) On the recommendation of Treasury Board, the Lieutenant Governor in Council may, by order, extend the operation of subsection (1) to additional fiscal years.
Section 19 (3) (c) BEFORE amended by 2002-18-10, effective April 11, 2002 (Royal Assent)].
(c) are deemed to be orders made under section 6 of this Act.
Schedule BEFORE amended by 2001-17-2, effective April 11, 2001 (Royal Assent).
Muskwa-Kechika Management Area
All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Cassiar and Peace River Land Districts and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 13 Tube 1757.