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| This is part of an archived statute consolidation that is current to August 17, 2004 and includes changes enacted and in force by that date. |
Section 1 definition of "agreement under the Forest Act" BEFORE amended by 2003-55-1 effective January 31, 2004 (BC Reg 7/04).
"agreement under the Forest Act" means an agreement in the form of a licence, a permit or an agreement referred to in section 12 of the Forest Act;
Section 1 definition of "forest development unit" BEFORE repealed by 2003-55-1 effective January 31, 2004 (BC Reg 7/04).
"forest development unit" means an area identified in a forest stewardship plan within which the holder of the plan proposes to harvest timber or construct a road;
Section 1 definition of "forest practice" BEFORE amended by 2003-55-1 effective January 31, 2004 (BC Reg 7/04).
"forest practice" means each of the following activities carried out by the government or by a holder of an agreement under the Forest Act on Crown forest land or private land subject to a tree farm licence, community forest agreement or a woodlot licence:
(a) timber harvesting, road construction, road maintenance, road use, road deactivation, silviculture treatments, including grazing for the purposes of brushing, botanical forest product collecting and fire use, control and suppression;
(b) any other activity that is carried out by the government or by the holder of an agreement under the Forest Act;
Section 1 definition of "objectives set by government" BEFORE amended by 2003-55-1 effective January 31, 2004 (BC Reg 7/04).
"objectives set by government" means objectives established
(a) by order of the minister that is authorized by the regulations under section 149 of this Act, or
(b) under sections 3 to 5 of the Forest Practices Code of British Columbia Act by a person or by persons authorized under those sections;
Section 1 definition of "range development" BEFORE amended by 2003-55-1 effective January 31, 2004 (BC Reg 7/04).
"range development" means
(a) if related to the management for range purposes of range land or livestock, a structure, an excavation or a constructed livestock trail, or
(b) a practice, excluding grazing, that is designed to improve range conditions or facilitate more efficient use of range land for range purposes;
Section 1 definition of "range practice" BEFORE amended by 2003-55-1 effective January 31, 2004 (BC Reg 7/04).
"range practice" means grazing of livestock or hay cutting that is carried out on Crown range by the holder of an agreement under the Range Act;
Section 1(1) definition of "official" BEFORE amended by 2004-36-76 effective May 13, 2004 (Royal Assent).
"official" in a provision of this Act or the regulations means an employee in the
(a) Ministry of Forests and designated by name or title to be an official by the minister of that ministry for the purpose of that provision, or
(b) Ministry of Water, Land and Air Protection and designated by name or title to be an official by the minister of that ministry for the purpose of that provision;
Section 2(2) and (3) BEFORE amended by 2004-36-77(a) effective May 13, 2004 (Royal Assent).
(2) 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, and this Act, a regulation or a standard applies to the delegate as if the delegate were the minister,
(b) provide directions that are binding on the delegate respecting the exercise of the power or the performance of the duty or function, and
(c) vary or revoke a delegation or direction.
(3) A delegate under subsection (2) may subdelegate the power or duty to a person employed in a ministry or to a class of persons employed in a ministry, unless otherwise provided in the regulations.
Section 2(5) BEFORE amended by 2004-36-77(b) effective May 13, 2004 (Royal Assent).
(5) Sections 71 and 87 of this Act do not apply to the government.
Section 3(1)(c.1) was added by 2003-31-79 effective November 4, 2003 (BC Reg 403/03).
Section 5(1)(b) BEFORE amended by 2003-55-2 effective January 31, 2004 (BC Reg 7/04).
(b) specify intended results or strategies, and
Section 5(2)(a) BEFORE amended by 2003-55-2 effective January 31, 2004 (BC Reg 7/04).
(a) objectives set by government in relation to the following subject matter:
(i) soils;
(ii) visual quality;
(iii) timber;
(iv) forage and associated plant communities;
(v) water;
(vi) fish;
(vii) wildlife;
(viii) biodiversity;
(ix) resource features;
(x) cultural heritage resources, and
Section 7(1) BEFORE amended by 2003-55-3 effective January 31, 2004 (BC Reg 7/04).
7 (1) The minister may not refuse to approve a proposed forest stewardship plan that carries forward an existing forest development unit solely on the basis that, as a result of carrying forward that unit, the proposed plan would not conform to section 16 (1) because
(a) during the period specified in subsection (2),
(i) an enactment applicable to the forest development unit has been made or amended, or
(ii) an objective set by government is established or varied
and the minister considers that the proposed forest stewardship plan is inconsistent with the enactment or objective, or
(b) during the period specified in subsection (2),
(i) catastrophic damage or destruction of timber has occurred in the vicinity of the forest development unit so that harvesting the forest development unit under the proposed forest stewardship plan would not achieve the results specified in the existing forest stewardship plan,
(ii) an area of land is designated by regulation as a community watershed or a fisheries sensitive watershed, or
(iii) an area of land that is a community watershed or a fisheries sensitive watershed is varied by regulation and the watershed as varied is applicable to the forest development unit.
Section 7(2) BEFORE amended by 2003-55-3 effective January 31, 2004 (BC Reg 7/04).
(2) The specified period under subsection (1) begins 4 months before the date the existing plan was submitted for approval and ends 4 months before the date the proposed plan was submitted for approval.
Section 8(1) BEFORE amended by 2003-55-4 effective January 31, 2004 (BC Reg 7/04).
8 (1) Subject to subsection (2), within 2 years after the occurrence of an event described in section 7 (1) (a) or (b) that affects an area under a forest stewardship plan, the holder of the plan must submit to the minister an amendment to the plan in accordance with the regulations to take into account that event.
Section 8(2) BEFORE amended by 2003-55-4 effective January 31, 2004 (BC Reg 7/04).
(a) enactment, or
(b) objective set by government,
Section 9 BEFORE amended by 2003-55-5 effective January 31, 2004 (BC Reg 7/04).
9 In prescribed circumstances, the minister may establish targets, in specified proportions between or among the holders of forest stewardship plans, for sharing the responsibility to achieve objectives set by government.
Section 11 BEFORE re-enacted by 2003-55-6 effective January 31, 2004 (BC Reg 7/04).
11 A person who has prepared a site plan must make it available to a person on request.
Section 13(1)(b) BEFORE amended by 2003-55-7 effective January 31, 2004 (BC Reg 7/04).
(b) specify the intended results or strategies, and
Section 13(2) BEFORE amended by 2003-55-7 effective January 31, 2004 (BC Reg 7/04).
(2) A woodlot licence plan must be consistent with objectives set by government in relation to the following subjects:
(a) soils;
(b) visual quality;
(c) timber;
(d) forage and associated plant communities;
(e) water;
(f) fish;
(g) wildlife;
(h) biodiversity;
(i) resource features;
(j) cultural heritage resources.
Section 13(3) BEFORE amended by 2003-55-7 effective January 31, 2004 (BC Reg 7/04).
(3) A woodlot licence plan need not be consistent with objectives set by government referred to in subsection (2) to the extent that those objectives pertain to
(a) retention of old forest,
(b) seral stage distribution,
(c) landscape connectivity, or
(d) temporal and spatial distribution of cutblocks.
Section 14(2) BEFORE amended by 2003-55-8 effective January 31, 2004 (BC Reg 7/04).
(2) The minister must extend the term of a woodlot licence plan that conforms to prescribed requirements for an additional period of 10 years unless the holder, by written notice given to the district minister at least 6 months before the expiry of the initial term, requests an extension for a specified shorter period, in which case the minister must extend the term for that shorter period.
Section 15(1) definition "amendment" BEFORE amended by 2004-36-82(a) effective May 13, 2004 (Royal Assent).
"amendment" means an amendment to a woodlot licence plan to make it consistent with an objective set by government;
Section 15(1) definition "objective" BEFORE amended by 2004-36-82(b) effective May 13, 2004 (Royal Assent).
"objective" means an objective set by government other than an objective referred to in section 13 (2).
Section 16(1) BEFORE amended by 2003-55-9 effective January 31, 2004 (BC Reg 7/04).
16 (1) The minister must approve a forest stewardship plan, a woodlot licence plan or an amendment to either, if the minister determines that
(a) the plan or an amendment conforms to this Act, the regulations and the standards, and
(b) the minister considers that
(i) the forest stewardship plan's results or strategies are likely to achieve the objectives set by government, or
(ii) the woodlot licence plan's results or strategies are likely to achieve the objectives set by government other than those referred to in section 13 (3).
Section 16(2.1) was added by 2003-55-9 effective January 31, 2004 (BC Reg 7/04).
Section 18 BEFORE re-enacted by 2003-55-10 effective January 31, 2004 (BC Reg 7/04).
18 Except in prescribed circumstances, a person responsible for preparing a forest stewardship plan, a woodlot licence plan, or an amendment to either must make the plan or amendment publicly available for
(a) review, and
(b) comment
before submitting the plan or amendment to the minister for approval.
Section 19(2) BEFORE amended by 2003-55-11 effective January 31, 2004 (BC Reg 7/04).
(2) Section 8 does not apply to the portion of the stewardship plan to which the cutting permit or road permit referred to in subsection (1) applies.
Section 19(5) BEFORE repealed by 2003-55-11 effective January 31, 2004 (BC Reg 7/04).
(5) The minister must not refuse to approve a forest stewardship plan, a woodlot licence plan or an amendment to either solely on the basis that the area to which an existing cutting permit, road permit or timber sale licence pertains does not conform to section 16.
Section 20(1) BEFORE amended by 2003-55-12 effective January 31, 2004 (BC Reg 7/04).
20 (1) Despite section 16, and unless required by the regulations, an approval is not required to amend a forest stewardship plan or a woodlot licence plan if its holder determines that the proposed amendment
(a) otherwise conforms to this Act, the regulations and the standards, and
(b) does not materially affect the likelihood of achieving the applicable objectives set by government or the intended results specified in the plan.
Section 21 BEFORE re-enacted by 2003-55-13 effective January 31, 2004 (BC Reg 7/04).
21 (1) The holder of a forest stewardship plan or a woodlot licence plan must ensure that the intended results specified in the plan are achieved and the strategies described in the plan are carried out.
(2) The holder of a forest stewardship plan or a woodlot licence plan, or another person who carries out a forest practice relevant to the plan, must do so in accordance with the plan, subject to the contrary requirements, if any, of an enactment that
(a) is applicable to the plan, and
(b) is made after the beginning of the 4 month period immediately preceding the date of the submission of the plan to the minister for approval.
(3) Despite the expiry of a forest stewardship plan or a woodlot licence plan,
(a) subsection (1) continues to apply to the holder of the expired plan, and
(b) subsection (2) continues to apply to the holder of the expired plan or to the other person referred to in subsection (2), as the case may be, in relation to a provision of the expired plan
in the following circumstances:
(c) the provision was in effect immediately before the expiry of that plan;
(d) another plan, applicable to that holder in relation to the same area to which the expired plan applied, does not include a provision that is the same or substantially similar to the provision referred to in paragraph (c).
(4) For the purpose of the continued application of subsections (1) and (2) required by subsection (3), a forest stewardship plan or a woodlot licence plan may be amended as if unexpired.
(5) Despite subsections (1) and (2), if an
(a) objective set by government with which a forest stewardship plan under section 5 or a woodlot licence plan under section 13 is considered to be inconsistent, or
(b) enactment specifies that it applies to a forest stewardship plan or a woodlot licence plan,
then, during the period specified in subsection (6), the holder of the plan
(c) is not entitled to a cutting permit or road permit that is inconsistent with the enactment or objective, and
(d) must comply with the enactment or objective to the extent that the enactment or objective does not conflict with any cutting permit or road permit in effect when the enactment or the objective takes effect.
(6) The specified period for the purpose of subsection (5) is the period that begins on the date the enactment or objective takes effect and ends on the date the forest stewardship plan or a woodlot licence plan is first amended.
Section 22(1) BEFORE amended by 2003-52-74 effective January 1, 2004 (BC Reg 465/03, repealing BC Reg 428/03).
22 (1) This Division does not apply to roads constructed or maintained under the Highway Act, the Land Act, the Local Government Act or the Pipeline Act.
Section 22.1 were enacted by 2003-55-14 effective January 31, 2004 (BC Reg 7/04).
Section 22.1(2)(c) BEFORE amended by 2004-36-85 effective May 13, 2004 (Royal Assent).
(c) the road is authorized under the Geothermal Resources Act or Petroleum and Natural Gas Act,
Section 22.2 were enacted by 2003-55-14 effective January 31, 2004 (BC Reg 7/04).
Section 22.2(1) BEFORE amended by 2004-37-12 effective May 13, 2004 (Royal Assent).
(1) Subject to subsections (2) to (4) and to regulations respecting roads made under the Highway (Industrial) Act, a road that is
Section 22.2(3) BEFORE amended by 2004-36-86 effective May 13, 2004 (Royal Assent).
(3) In the circumstances described in subsection (1),
Section 22.3 were enacted by 2003-55-14 effective January 31, 2004 (BC Reg 7/04).
Section 22.3(1)(a) BEFORE amended by 2004-36-87 effective May 13, 2004 (Royal Assent).
(a) a purpose referred to in section 21.1 (1) or (2), or
Section 25 BEFORE re-enacted by 2004-36-88 effective May 13, 2004 (Royal Assent).
25 The minister may exempt a person in writing from a specified provision of this Act, the regulations or the standards in an area if the minister establishes conditions the minister considers necessary in the circumstances and is satisfied that the exemption is necessary for the purposes of reducing damage caused by forest pests by harvesting or modifying timber to prevent the spread of the forest pests.
Section 26 BEFORE re-enacted by 2003-55-15 effective January 31, 2004 (BC Reg 7/04).
26 (1) If the minister determines that on
(a) private land, or
(b) Crown land that is subject to an agreement under the Forest Act,
there are insects, diseases, animals or abiotic factors that are causing damage to a forest, then, by written notice given to the owner of the private land, to the holder of the agreement under the Forest Act or to the timber sales manager, the minister may request the owner, holder or timber sales manager to propose reasonable measures, within the time specified by the minister, to control or dispose of the insects, diseases, animals or abiotic factors.
(2) If the owner, holder or timber sales manager
(a) does not make a proposal under subsection (1) within the time specified,
(b) makes a proposal under subsection (1) within the time specified, receives the minister's approval to the proposal but does not carry out the proposal, or
(c) makes a proposal under subsection (1) that the minister rejects,
the minister, by order given to the owner, holder or timber sales manager, may require the owner, holder or timber sales manager to carry out measures specified in the order by a date specified in the order.
(3) If the minister approves a proposal under subsection (1) or makes an order under subsection (2), the minister, if he or she considers it necessary or desirable to facilitate the carrying out of the proposal or order, may exempt the owner, holder or timber sales manager from complying with one or more provisions of this Act, the regulations, the standards, an agreement under the Forest Act, a forest stewardship plan or a woodlot licence plan.
(4) If the minister makes an order under subsection (2) that is inconsistent with a provision of this Act, the regulations, the standards, an agreement under the Forest Act, a forest stewardship plan or a woodlot licence plan, the minister, in making an order, must exempt the owner, holder or timber sales manager from that provision.
(5) If a proposal approved, or an order made, by the minister under this section requires the holder of an agreement under the Forest Act to carry out a measure other than timber harvesting, then to the extent provided in the regulations, the expenses of the measure are to be paid by the government.
Section 27(5) was added by 2003-55-16 effective January 31, 2004 (BC Reg 7/04).
Section 29(4) BEFORE amended by 2003-55-18 effective January 31, 2004 (BC Reg 7/04).
(4) A provision in a woodlot licence plan that differs from a
(a) requirement of the regulations, or
(b) requirement of the standards,
prevails over the requirement from which it differs if the regulation or standard specifies that the woodlot licence plan prevails.
Section 29(7) to (10) was added by 2003-55-18 effective January 31, 2004 (BC Reg 7/04).
Section 30(1) BEFORE amended by 2003-55-19 effective January 31, 2004 (BC Reg 7/04).
30 (1) In this section, "licence holder" means the holder of a non-replaceable forest licence or non-replaceable woodlot licence who
(a) has an obligation under section 29 to establish a free growing stand, and
(b) meets prescribed requirements, if any.
Section 30(3) BEFORE amended by 2003-55-19 effective January 31, 2004 (BC Reg 7/04).
(3) By notice given to a licence holder who has made a request under subsection (2), the district manager or timber sales manager in the case of a BC timber sales agreement, may assume on behalf of the government the responsibility for establishing the free growing stand if all of the following requirements have been met:
Section 30(5) BEFORE amended by 2003-55-19 effective January 31, 2004 (BC Reg 7/04).
(5) After the district manager or timber sales manager has given notice under subsection (3) to a licence holder, the licence holder is no longer responsible for obligations assumed by the government.
Section 30(7) was added by 2003-55-19 effective January 31, 2004 (BC Reg 7/04).
Section 30(1)(a) BEFORE amended by 2004-36-91 effective May 13, 2004 (Royal Assent).
(a) is the holder of a timber licence, non-replaceable forest licence, non-replaceable woodlot licence or non-replaceable timber sale licence,
Section 31 BEFORE re-enacted by 2003-55-20 effective January 31, 2004 (BC Reg 7/04).
31 A person required to establish a free growing stand on an area must
(a) use seed, and
(b) conserve gene resources
on the area, in accordance with prescribed requirements.
Section 32(4) was added by 2003-55-21 effective January 31, 2004 (BC Reg 7/04).
Section 33(1)(e) BEFORE amended by 2003-55-22 effective January 31, 2004 (BC Reg 7/04).
(e) be consistent with objectives set by government in relation to the following subjects:
(i) soils;
(ii) visual quality;
(iii) timber;
(iv) forage and associated plant communities;
(v) water;
(vi) fish;
(vii) wildlife;
(viii) biodiversity;
(ix) resource features;
(x) cultural heritage resources.
Section 34(1)(e) BEFORE amended by 2003-55-23 effective January 31, 2004 (BC Reg 7/04).
(e) be consistent with objectives set by government in relation to the following subjects:
(i) soils;
(ii) visual quality;
(iii) timber;
(iv) forage and associated plant communities;
(v) water;
(vi) fish;
(vii) wildlife;
(viii) biodiversity;
(ix) resource features;
(x) cultural heritage resources.
Section 35(1)(d) BEFORE amended by 2003-55-24 effective January 31, 2004 (BC Reg 7/04).
(d) be consistent with objectives set by government in relation to the following subjects:
(i) soils;
(ii) visual quality;
(iii) timber;
(iv) forage and associated plant communities;
(v) water;
(vi) fish;
(vii) wildlife;
(viii) biodiversity;
(ix) resource features;
(x) cultural heritage resources.
Section 35(2) BEFORE amended by 2003-55-24 effective January 31, 2004 (BC Reg 7/04).
(2) If the minister is satisfied as set out in section 32 (2) (b) as to the competence of the holder of a range stewardship plan or an amendment to a range stewardship plan the holder of the plan may specify intended results, strategies or actions to achieve them.
Section 35(3) BEFORE amended by 2003-55-24 effective January 31, 2004 (BC Reg 7/04).
(3) The intended results specified under subsection (2) may differ from the prescribed requirements referred to in subsection (1) as the minister, at the time of approval of the plan, considers to be appropriate in the circumstances.
Section 38(1) and (2) BEFORE amended by 2003-55-25 effective January 31, 2004 (BC Reg 7/04).
38 (1) The holder of a range stewardship plan that includes the matters described in section 35 (1), must ensure that the strategies or actions specified in the plan continue during the term of the plan to be sufficient to achieve the intended results specified in the plan.
(2) The holder of
(a) a range stewardship plan that does not include the matters described in section 35 (1), or
(b) a range use plan
must ensure that the actions specified in the plan to deal with issues identified by the minister continue during the term of the plan to be sufficient to deal with those issues.
Section 38(4) BEFORE amended by 2003-55-25 effective January 31, 2004 (BC Reg 7/04).
(4) The holder of a range stewardship plan described in subsection (2) (a) or a range use plan mentioned in subsection (2) (b) who knows or reasonably ought to know that the actions specified in the plan to deal with issues identified by the minister continue during the term of the plan to be sufficient to deal with those issues must amend the plan so that it is sufficient to deal with those issues.
Section 39(1) BEFORE amended by 2003-55-26 effective January 31, 2004 (BC Reg 7/04).
39 (1) At the request of a holder of an agreement under the Range Act, the minister may determine whether range use plans or range stewardship plans held by other holders of agreements under the Range Act agreement holders prevent or are likely to prevent the holder making the request from
Section 46(1)(a)(i) BEFORE amended by 2003-55-27 effective January 31, 2004 (BC Reg 7/04).
(i) is acting in accordance with a plan or permit under this Act,
Section 46(1)(b) BEFORE amended by 2003-55-27 effective January 31, 2004 (BC Reg 7/04).
(b) the person does not know or cannot reasonably be expected to know that, because of weather conditions or site factors, the carrying out of the forest practice, range practice or other activity may result, directly or indirectly, in damage specified by regulation.
Section 46(2)(c) BEFORE amended by 2003-55-27 effective January 31, 2004 (BC Reg 7/04).
(c) take any remedial measures that the minister requires.
Section 46(3)(b) BEFORE amended by 2003-55-27 effective January 31, 2004 (BC Reg 7/04).
(b) any remedial measures required under subsection (2) (c) have been carried out to the satisfaction of the minister.
Section 47 BEFORE re-enacted by 2003-55-28 effective January 31, 2004 (BC Reg 7/04).
47 Subject to an operational plan, a person carrying out a forest practice or a range practice must carry out the practice
(a) within a period, and
(b) in a manner
that limits to prescribed levels the introduction and spread of invasive plants.
Section 48 BEFORE re-enacted by 2003-55-28 effective January 31, 2004 (BC Reg 7/04).
48 (1) A person carrying out
(a) a forest practice, or
(b) a range practice
that directly or indirectly removes or renders ineffective a natural range barrier must take measures that create the same effect for livestock movement that the natural range barrier had.
(2) The minister, in writing, may exempt persons from the subsection (1).
Section 51(7) BEFORE amended by 2003-55-29 effective January 31, 2004 (BC Reg 7/04).
(7) The minister may order a person who contravenes subsection (1) or (6) to
Section 54(2) BEFORE amended by 2003-55-30 effective January 31, 2004 (BC Reg 7/04).
(2) The minister may order a person who contravenes subsection (1) to
Section 56(1)(a) BEFORE amended by 2003-55-31 effective January 31, 2004 (BC Reg 7/04).
(a) the establishment of Crown land as an interpretive forest site, a recreation site or a recreation trail, if the Crown land
(i) is in a timber supply area, or
(ii) is subject to a tree farm licence, a woodlot licence, a community forest agreement or a timber licence,
Section 56(2) BEFORE repealed by 2003-55-31 effective January 31, 2004 (BC Reg 7/04).
(2) Before making an order under subsection (1), the minister must obtain the consent of the holder
(a) of a timber sale licence that does not provide for cutting permits, of a cutting permit, of a free use permit, of a Christmas tree permit, of a road permit, of a timber licence, of a silviculture prescription, of a special use permit or of a licence to cut, other than a licence to cut in the form of a master agreement referred to in section 51 (3) of the Forest Act, or
(b) of an interest issued or granted under the Land Act,
if the holder's rights under the licence, permit, prescription or interest would be adversely affected by the establishment, variation or disestablishment.
Section 56(3) and (4) was added by 2003-55-31 effective January 31, 2004 (BC Reg 7/04).
Section 57(4) BEFORE amended by 2003-55-30 effective January 31, 2004 (BC Reg 7/04).
(4) The minister may order a person who contravenes subsection (1) to
Section 66(6) BEFORE amended by 2004-36-92 effective May 13, 2004 (Royal Assent).
(6) The official who issued an order under subsection (1) or the minister may rescind the order if the official or the minister determines that there were insufficient grounds for issuing the order.
Section 67(3)(b) BEFORE amended by 2004-36-93(a) effective May 13, 2004 (Royal Assent).
(b) sell at a public auction, timber, chattels, timber products or hay seized under subsection (1) (b), (c), (d) or (g).
Section 67(7) BEFORE amended by 2004-36-93(b) effective May 13, 2004 (Royal Assent).
(7) The proceeds from the sale of timber, a chattel or a timber product seized and sold under this section, other than
(a) timber, chattels or timber products referred to in subsection (5) (a) or (b), and
(b) an amount equal to the costs of seizure, storage and sale
must be paid into the consolidated revenue fund, and an amount equal to the costs of seizure, storage and sale may by used to pay those costs or reimburse the payment of those costs.
Section 71(1) BEFORE amended by 2003-55-32 effective January 31, 2004 (BC Reg 7/04).
71 (1) The minister, after giving a person who is alleged to have contravened a provision of the Acts an opportunity to be heard, may determine whether the person has contravened the Acts.
Section 71(3) BEFORE amended by 2003-55-32 effective January 31, 2004 (BC Reg 7/04).
(3) If a person's contractor, employee or agent contravenes a provision of the Acts in the course of carrying out the contract, employment or agency, the person also contravenes the provision.
Section 71(7)(d.1) was added by 2003-55-32 effective January 31, 2004 (BC Reg 7/04).
Section 72 BEFORE amended by 2003-55-33 effective January 31, 2004 (BC Reg 7/04).
72 For the purposes of a determination of the minister under section 51 (7), 54 (2), 57 (4), 71 or 74, no person may be found to have contravened a provision of the Acts if the person establishes that the
Section 74(1) BEFORE amended by 2003-55-34 effective January 31, 2004 (BC Reg 7/04).
74 (1) If the minister determines that a person who is the holder of an agreement under the Forest Act or the Range Act has contravened this Act, the Forest Practices Code of British Columbia Act, or a regulation, or standard made under the Acts, the minister may order the holder to do work reasonably necessary to remedy the contravention.
Section 74(2)(a) BEFORE amended by 2003-55-34 effective January 31, 2004 (BC Reg 7/04).
(a) the minister makes an order under subsection (1) of this section or under sections 51 (7), 54 (2) and 57 (4), or
Section 74(7) was added by 2003-55-34 effective January 31, 2004 (BC Reg 7/04).
Section 75 BEFORE re-enacted by 2003-55-35 effective January 31, 2004 (BC Reg 7/04).
75 (1) The period during which an administrative penalty may be levied under section 71 or an order may be made under section 74 (1) is 3 years beginning on the date on which the facts that lead to the determination that the contravention occurred first came to the knowledge of the minister.
(2) A document purporting to have been issued by the minister, certifying the date the facts that lead to the determination that the contravention occurred first came to the knowledge of the minister,
(a) is admissible in an appeal referred to in section 82 of the determination, without proof of the signature or official character of the individual appearing to have signed the document, and
(b) in the absence of evidence to the contrary, is proof of the matter certified.
Section 76 BEFORE repealed by 2004-36-95 effective May 13, 2004 (Royal Assent).
76 An administrative penalty or charge under this Act is due on the date specified in an invoice given to the person, unless the person requests a review under section 80 or an appeal under section 82, in which case the penalty or charge is due on the date the stay under section 78 ceases to apply.
Section 76.1 was enacted by 2004-36-96 effective May 13, 2004 (Royal Assent).
Section 77 BEFORE re-enacted by 2003-55-36 effective January 31, 2004 (BC Reg 7/04).
77 The minister, by order that meets the prescribed requirements, may require the holder of an agreement under the Forest Act or the Range Act to
(a) remedy, or
(b) mitigate,
in a manner or by a method that the minister considers appropriate in the circumstances,
(c) an act or omission of the holder that the minister considers will or probably will cause
(i) a catastrophic impact on public health or safety,
(ii) a free growing stand required under this Act not being established, or
(iii) any prescribed event with an adverse impact on the environment or any persons, or
(d) a potential, unjustifiable infringement of an aboriginal right, including aboriginal title.
Section 77.1 enacted by 2003-55-36 effective January 31, 2004 (BC Reg 7/04).
Part 6 Division 4 heading BEFORE amended by 2004-36-98 effective May 13, 2004 (Royal Assent).
Division 4 — Appeals
Section 78(2) BEFORE amended by 2004-36-99 effective May 13, 2004 (Royal Assent).
(2) Despite subsection (1), the minister may order that a determination, other than a determination to levy an administrative penalty under section 71 or 74 (3) (d) is not stayed or is stayed subject to conditions, on being satisfied that a stay would be contrary to the public interest.
Section 79(1)(b) BEFORE repealed by 2003-55-37 effective January 31, 2004 (BC Reg 7/04).
(b) clarify the determination, and
Section 79(2) BEFORE amended by 2003-55-37 effective January 31, 2004 (BC Reg 7/04).
(2) The correction or clarification does not take effect until the date on which the person who is the subject of the determination is notified of it under subsection (3).
Section 79(4) BEFORE amended by 2003-55-37 effective January 31, 2004 (BC Reg 7/04).
(4) The person who made a determination corrected or clarified under this section must notify the person who is the subject of the determination.
Section 80(1) BEFORE amended by 2003-55-38 effective January 31, 2004 (BC Reg 7/04).
80 (1) Subject to subsection (2), at the request of a person who is the subject of a determination under section 82 or 95 (2) of the Forest Practices Code of British Columbia Act or under section 16, 26 (2), 27 (2), 32 (2) 37, 51 (7), 54 (2), 57 (4), 66, 71, 74 or 77 of this Act, the person who made the determination, or another person employed in the ministry and designated in writing by the minister must review the determination, but only if satisfied that there is evidence that was not available at the time of the original determination.
Section 80(1) BEFORE amended by 2004-36-100(a) effective May 13, 2004 (Royal Assent).
(1) Subject to subsection (2), at the request of a person who is the subject of a determination under section 82 or 95 (2) of the Forest Practices Code of British Columbia Act or under section 16, 20 (3), 26 (2), 27 (2), 32 (2), 37, 38 (5), 39, 51 (7), 54 (2), 57 (4), 66, 71, 74, 77, 77.1, 97 (3), 107 or 108 of this Act, the person who made the determination, or another person employed in the ministry and designated in writing by the minister must review the determination, but only if satisfied that there is evidence that was not available at the time of the original determination.
Section 80(2) BEFORE amended by 2004-36-100(b) effective May 13, 2004 (Royal Assent).
(2) On a review required under subsection (1) the minister may consider only
Section 82(1) BEFORE amended by 2003-55-39 effective January 31, 2004 (BC Reg 7/04).
82 (1) The person who is the subject of a determination referred to in section 80 may appeal to the commission either of the following, but not both:
Section 83(3) BEFORE amended by 2003-55-40 effective January 31, 2004 (BC Reg 7/04).
(3) Sections 131 to 141 of the Forest Practices Code of British Columbia Act apply to an appeal under subsection (1) or an application under subsection (3).
Section 83(2) BEFORE amended by 2004-36-101 effective May 13, 2004 (Royal Assent).
(2) The board may apply to the commission for an order under section 84 (3) if
Section 87(1) BEFORE amended by 2003-55-41 effective January 31, 2004 (BC Reg 7/04).
87 (1) A person who contravenes section 46 (1) or 52, commits an offence and is liable on conviction to a fine not exceeding $1 000 000, or to imprisonment for not more than 3 years, or to both.
Section 87(2) to (4) BEFORE amended by 2003-55-41 effective January 31, 2004 (BC Reg 7/04).
(2) A person who contravenes section 21 (1) or (2), 22 (2), 29, 55 (a) or 111 (2) 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.
(3) A person who contravenes section 3, 8, 12, 15, 26, 27, 32, 38, 45, 47, 48, 50, 51 (1) or (2), 54, 58, 63, 97 or 117 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.
(4) A person who contravenes section 23, 51 (6), 53, 55 (b) or (c) or 57 commits an offence and is liable on conviction to a fine not exceeding $5 000 or to imprisonment for not more than 6 months, or to both.
Section 89(1) BEFORE amended by 2003-55-42 effective January 31, 2004 (BC Reg 7/04).
89 (1) The government may not proceed under both an offence and an administrative penalty for the same contravention.
Section 90(1) BEFORE amended by 2003-55-43 effective January 31, 2004 (BC Reg 7/04).
90 (1) If the minister considers that a person is not complying, or has not complied, with an order made under section 82 of the Forest Practices Code of British Columbia Act or under section 26 (2), 27 (2), 38 (5), 39 (2), 51 (7), 54 (2), 57 (4), 58 (1), 61 (1), 66 (1), 74 (1), 77 or 111 (2) of this Act, the minister may apply to the Supreme Court for either or both of the following:
Section 97(2) BEFORE amended by 2003-55-44 effective January 31, 2004 (BC Reg 7/04).
(2) A person contravenes the Act if the person
(a) without lawful excuse, intentionally interferes with a person acting in an official capacity,
(b) without lawful excuse, intentionally does not comply with a lawful requirement of a person acting in an official capacity, or
(c) intentionally makes a false statement to or misleads or attempts to mislead a person acting in an official capacity.
Section 97(3) BEFORE amended by 2003-55-44 effective January 31, 2004 (BC Reg 7/04).
if the minister considers that a person has contravened subsection (2) and that a plan or permit has been obtained as a result of that contravention.
Section 97(1)(b) BEFORE amended by 2004-36-103 effective May 13, 2004 (Royal Assent).
(b) is exercising a power or performing a duty or function under this Act, the regulations or the standards.
Section 104 BEFORE repealed by 2003-55-45 effective January 31, 2004 (BC Reg 7/04).
104 (1) The minister, persons employed under the Public Service Act and any other person who acts on behalf of the government are not liable in a personal or official capacity for loss or damage suffered by another person by reason of anything done or omitted in the exercise or performance or purported exercise or performance of a power or duty under this Act, the regulations or the standards unless the person who brings the action proves that the person acting on behalf of the government was not acting in good faith.
(2) Subsection (1) does not absolve the government from vicarious liability arising out of an act or omission for which it would be vicariously liable if this section were not in force.
(3) Without limiting subsection (1), the board, commission, council, if any, and their members, employees, persons retained by them under section 138 (2), persons exercising a delegated power or performing a delegated duty or function under section 140 and any other persons acting on behalf of any of them are persons acting on behalf of the government for the purposes of subsection (1).
(4) Despite subsection (2), the government is not liable in respect of any loss or damage caused or resulting, directly or indirectly, by or from,
(a) the enactment of this Act or a regulation or standard made under this Act, or
(b) anything done or omitted in the exercise or performance or purported exercise or performance of a power or duty conferred under this Act, the regulations or the standards, unless the person who brings the action proves that the person exercising or performing or purporting to exercise or perform the power or duty was not acting in good faith.
(5) It is conclusively deemed for all purposes, including for the purposes of the Expropriation Act, that an expropriation or injurious affection does not occur as a result of
(a) the enactment of this Act or a regulation or standard made under this Act, or
(b) anything done or omitted in the exercise or performance or purported exercise or performance of a power or duty conferred under this Act, the regulations or the standards, unless the person who brings the action proves that the person exercising or performing or purporting to exercise or perform the power or duty was not acting in good faith.
(6) If damages or compensation are precluded by this section in respect of a matter, a person must not commence or maintain proceedings in respect of that matter
(a) to claim damages or compensation of any kind from the government, or
(b) to obtain a declaration that damages or compensation is payable by the government.
(7) This section applies despite any other enactment including the Expropriation Act.
Section 106(1) BEFORE amended by 2003-55-46 effective January 31, 2004 (BC Reg 7/04).
directly or indirectly, as a result of the person's non-compliance with an order under section 27.
Section 106.1 was added by 2004-36-104 effective May 13, 2004 (Royal Assent).
Section 107(1) BEFORE amended by 2003-55-47 effective January 31, 2004 (BC Reg 7/04).
107 (1) Subject to subsections (3) to (5), a holder of an agreement under the Forest Act is conclusively deemed to have met the specified obligations that are referred to in paragraph (d) and that are obligations under this Act, the regulations or standards, or under an operational plan, permit or other authorization, if the holder submits to the district manager a written declaration specifying all of the following:
Section 107(3.1) was added by 2003-55-47 effective January 31, 2004 (BC Reg 7/04).
Section 107(5) BEFORE repealed by 2003-55-47 effective January 31, 2004 (BC Reg 7/04).
(5) The holder who makes a declaration under subsection (1) in relation to an obligation to establish a free growing stand on an area remains responsible for the obligation if at the time of the declaration it is reasonably foreseeable that the stand on the area will not remain a free growing stand.
Section 107 BEFORE re-enacted by 2004-36-105 effective May 13, 2004 (Royal Assent).
107 (1) Subject to subsections (3) to (4), a holder of an agreement under the Forest Act is conclusively deemed to have met the specified obligations that are referred to in paragraph (d) and that are obligations under this Act, the regulations or standards, or under an operational plan, permit or other authorization, if the holder submits to the district manager a written declaration specifying all of the following:
(a) the cutblocks or roads that are affected, if any;
(b) the operational plans affected, if any;
(c) the permits affected, if any;
(d) the obligations that have been met;
(e) the date of the declaration.
(2) The declaration must be signed by the holder who makes a declaration under subsection (1) or who prepares the declaration, if an individual or, if a corporation, by an individual or the individuals authorized to sign on behalf of the corporation.
(3) If within the prescribed period after receiving a declaration under subsection (1), the district manager gives written notice to the holder that an obligation specified in the declaration has not been met, then the holder remains responsible for meeting that obligation.
(3.1) The district manager must not give written notice to the holder under subsection (3) to the effect that an obligation in respect of establishing a free growing stand on an area has not been met unless the district manager has determined that
(a) a free growing stand has not been established, or
(b) a free growing stand has been established and the following circumstances apply:
(i) at the time the declaration was made, the stand was under threat from
(A) competing plants, shrubs or other trees established on the area, or
(B) factors adverse to forest health in the area;
(ii) as a result of the threats referred to in subparagraph (i), the stand is unlikely to remain a free growing stand without further treatment.
(4) The holder who makes a declaration under subsection (1) remains responsible for meeting an obligation if the holder
(a) made a material misrepresentation or misstatement of fact in the declaration, or
(b) omitted information from the declaration that the holder knew or ought to have known was material to determining whether the obligations referred to in the declaration had been met.
(5) [Repealed 2003-55-47.]
Section 108(1) BEFORE amended by 2003-55-48 effective January 31, 2004 (BC Reg 7/04).
108 (1) The district manager must grant the relief described in subsection (3) to a person who has a prescribed obligation, other than an obligation to establish a free growing stand, under this Act, the regulations or an operational plan and who satisfies the district manager that
(a) because of an event causing damage, the obligation under the operational plan cannot be met without significant extra expense than would have been the case if the damage had not occurred, and
(b) the person
(i) did not cause or contribute to the cause of the damage,
(ii) exercised due diligence in relation to the cause of the damage, or
(iii) contributed to the cause of the damage but only as a result of an officially induced error.
Section 108(2) to (6) BEFORE amended by 2003-55-48 effective January 31, 2004 (BC Reg 7/04).
(2) The district manager must grant
(a) the relief described in subsection (3), or
(b) the funding described in subsection (4)
to a person having an obligation to establish a free growing stand if the person satisfies the district manager that
(c) because of an event causing damage, the obligation to establish the free growing stand cannot be met without significant extra expense than would have been the case if the damage had not occurred, and
(d) the person
(i) did not cause or contribute to the cause of the damage,
(ii) exercised due diligence in relation to the cause of the damage, or
(iii) contributed to the cause of the damage but only as a result of an officially induced error.
(3) The relief, that must be granted under subsection (1) or that may be granted under subsection (2) (a), from an obligation by the district manager to a person is relief from
(a) the person's obligation to the extent only that the obligation cannot be met without significant extra expense related to the damage referred to in subsection (1) or (2), or
(b) the person's obligation in full if the district manager considers that the remaining obligation, after taking paragraph (a) of this subsection into account, is inconsequential.
(4) The funding for an obligation, that may be granted under subsection (2) (b) by the district manager to a person, is funding to the extent only that is required for the purpose of restoring the stand of trees on the area affected by the event referred to in subsection (2)
(a) to the stage the stand had reached at the time of the damage caused by the event, or
(b) to the stage that is consistent with the person's obligation in that regard as modified by a regulation under subsection (7).
(5) A decision in any proceedings, that a person having an obligation referred to in subsection (1) or (2) did or did not do any of the things referred to in subsection (1) (b) or (2) (d), is binding on the district manager.
(6) The district manager may not under this section grant relief or funding in respect of an event causing damage if the event occurred before the coming into force of this subsection.
Section 108(4)(b) BEFORE amended by 2003-55-48 effective January 31, 2004 (BC Reg 7/04).
(b) to the stage that is consistent with the person's obligation in that regard as modified by a regulation under subsection (7).
Section 108(7) BEFORE amended by 2003-55-48 effective January 31, 2004 (BC Reg 7/04).
(7) The Lieutenant Governor in Council may make regulations
(a) respecting the modification of an obligation referred to in subsection (2) to establish a free growing stand, and
(b) for the purpose of subsection (6), resolving any doubts as to
(i) what constitutes an event, or
(ii) when an event occurred.
Section 108(6) BEFORE amended by 2004-36-106 effective May 13, 2004 (Royal Assent).
(6) The minister may not under this section grant relief or funding in respect of an event causing damage if the event occurred before the coming into force of this subsection.
Section 109(5) BEFORE repealed by 2004-36-107 effective May 13, 2004 (Royal Assent).
(5) A person must not disclose, or be compelled to disclose in proceedings before a court any information obtained in the exercise of a power or the performance of a duty or function under this Act, the regulations or the standards except in the following matters:
(a) a trial of a person for perjury;
(b) a proceeding to enforce powers of investigation under this Act;
(c) a prosecution for an offence under section 97;
(d) a review or appeal under this Act.
Section 110(1)(c) BEFORE amended by 2003-52-75 effective January 1, 2004 (BC Reg 465/03, repealing BC Reg 428/03).
(c) if the person is a municipal corporation, a regional district or another local government body, by leaving it with or sending it by registered mail to the local government officer assigned responsibility under section 198 of the Local Government Act, the deputy of that officer or some similar local government officer.
Section 110(1)(b)(i)(C), (ii), (iii)(A) and (B) BEFORE amended by 2003-70-152 effective March 29, 2004 (BC Reg 64/04).
(C) an attorney of the corporation appointed under section 304 of the Company Act,
(ii) by leaving it at the registered office of the corporation if the corporation is incorporated under the Company Act, or
(A) the registered office of the corporation,
(B) the attorney of the corporation appointed under section 304 of the Company Act, or
Section 111 BEFORE re-enacted by 2003-55-49 effective January 31, 2004 (BC Reg 7/04).
111 (1) An order of the minister under this Act must be in writing and given to each person to whom the order pertains.
(2) A person must comply with an order given to the person under this Act.
Section 112(3) was added by 2004-36-108 effective May 13, 2004 (Royal Assent).
Section 113 BEFORE re-enacted by 2004-36-109 effective May 13, 2004 (Royal Assent).
113 The minister, or a person the minister authorizes in writing, may extend a time required to do anything under this Act, the regulations or the standards, other than
(a) an appeal of a determination,
(b) or the time within which a proceeding must or may be commenced, or
(c) the time within which the district manager must give the notice referred to in section 107 (3).
Section 114 BEFORE re-enacted by 2004-36-110 effective May 13, 2004 (Royal Assent).
114 A document, purporting to have been issued by the Minister of Forests or by the Minister of Water, Land and Air Protection, certifying that either minister has designated a person as an official under this Act is admissible as evidence of the designation without proof of the signature or official character of the minister purporting to have signed the document.
Section 116(2) BEFORE repealed by 2004-36-111 effective May 13, 2004 (Royal Assent).
(2) Taking remedial action after an offence or a contravention has occurred does not affect any fine, imprisonment, fee or penalty to which a person may be liable under this Act, the regulations or the standards, for the offence or contravention.
Section 118(1) BEFORE amended by 2003-55-50 effective January 31, 2004 (BC Reg 7/04).
118 (1) The government may enter into agreements to assist in ensuring that forest resources are properly managed and conserved.
Section 118(2)(a) BEFORE amended by 2003-55-50 effective January 31, 2004 (BC Reg 7/04).
(a) the chief forester may enter into agreements for the growing and disposing of seeds, seedlings and vegetative propagules,
Section 118(2)(c) BEFORE amended by 2003-55-50 effective January 31, 2004 (BC Reg 7/04).
(c) the minister or an official designated by the minister may enter into agreements under which the government provides forest protection, forest health services, or fire control or suppression services, or
Section 120(2) BEFORE amended by 2004-36-112 effective May 13, 2004 (Royal Assent).
(2) If a person is required under this Act, the regulations or the standards to submit an operational plan for approval to a person acting on behalf of the government, any implementation of the plan is at the person's own expense.
Section 121 BEFORE re-enacted by 2003-55-51 effective January 31, 2004 (BC Reg 7/04).
121 In this Part and the regulations related to this Part, "party" means the government or the holders of agreements under the Forest Act or the Range Act.
Section 122(2) was added by 2003-55-52 effective January 31, 2004 (BC Reg 7/04).
Section 131(1) BEFORE amended by 2003-55-53 effective January 31, 2004 (BC Reg 7/04).
131 (1) After completing an audit or investigation, the board must report its conclusions, with reasons, to any complainant, to the party and, if the government is not the party affected by the audit or investigation, to the ministers.
Section 131(1.1) was added by 2003-55-53 effective January 31, 2004 (BC Reg 7/04).
Section 135 BEFORE re-enacted by 2004-36-114 effective May 13, 2004 (Royal Assent).
135 (1) and (2) [Not in force.]
(3) If the chair considers it to be in the public interest, he or she may make a special report to the minister or comment publicly respecting a matter relating generally to the performance of the board's duties under this Act or to a particular case investigated by the board.
Section 136(2) to (6) BEFORE amended by 2003-47-30 effective February 13, 2004 (BC Reg 45/04).
(2) The board consists of a chair, one or more vice chairs and other members the Lieutenant Governor in Council may appoint.
(3) Appointments under subsection (2) may be for a term not exceeding 3 years.
(4) The Lieutenant Governor in Council may
(a) appoint a person as a temporary member to deal with a matter before the board, or for a specified period or during specified circumstances, and
(b) designate a temporary member as chair.
(5) A temporary member has all the powers and may perform all the duties of a member of the board during the period or under the circumstances or for the purpose of the appointment.
(6) The Lieutenant Governor in Council may determine the remuneration, reimbursement of expenses and other conditions of employment of
(a) the chair, vice chair and other members of the board, and
(b) persons appointed under the regulations to carry out audits.
Section 149 BEFORE re-enacted by 2003-55-54 effective January 31, 2004 (BC Reg 7/04).
149 The Lieutenant Governor in Council may make regulations respecting objectives set by government, including but not limited to regulations
(a) authorizing the minister to establish objectives set by government in relation to specified subject matter, or
(b) respecting procedures and criteria that are to be followed by the minister when establishing objectives set by government.
Section 149.1 was enacted by 2003-55-55 effective January 31, 2004 (BC Reg 7/04).
Section 150 BEFORE re-enacted by 2003-55-56 effective January 31, 2004 (BC Reg 7/04).
150 The Lieutenant Governor in Council may make regulations
(a) designating or continuing an area of land in a watershed as a community watershed,
(b) or designating an area of land in a watershed as a domestic watershed or fisheries sensitive watershed, and
(c) prescribing requirements in relation to the watersheds designated or continued under this section.
Sections 150.1 to 150.5 were enacted by 2003-55-56 effective January 31, 2004 (BC Reg 7/04).
Section 151(1)(d) and (e) BEFORE repealed by 2003-55-57 effective January 31, 2004 (BC Reg 7/04).
(d) requirements for the making and submitting of assessments, reports or records,
(e) respecting the retention of a record required to be prepared under this Act,
Section 151(2) BEFORE amended by 2003-55-57 effective January 31, 2004 (BC Reg 7/04).
(2) The Lieutenant Governor in Council may make regulations respecting forest practices including but not limited to regulations
(a) prescribing requirements in relation to biological diversity, soil conservation and silviculture stocking standards, and
(b) respecting surveys required or permitted under this Act or the regulations.
Section 151(3) was added by 2004-36-115 effective May 13, 2004 (Royal Assent).
Section 152 BEFORE repealed by 2003-55-58 effective January 31, 2004 (BC Reg 7/04).
152 The Lieutenant Governor in Council may make regulations
(a) respecting review and comment on matters under this Act, and
(b) requiring and regulating the sharing of operational plans or amendments to operational plans with first nations by
(i) officials under this Act,
(ii) timber sale managers, and
(iii) holders of agreements under the Forest Act or the Range Act.
Section 154 BEFORE re-enacted by 2003-55-59 effective January 31, 2004 (BC Reg 7/04).
154 The Lieutenant Governor in Council may make regulations respecting the protection of forest resources.
Section 162 BEFORE amended by 2003-55-60 effective January 31, 2004 (BC Reg 7/04).
162 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 a forest stewardship plan, a woodlot licence plan, this Act, the regulations or the standards.
Section 163(1) BEFORE amended by 2003-55-61 effective January 31, 2004 (BC Reg 7/04).
163 (1) The Lieutenant Governor in Council may make regulations respecting administrative remedies under this Act.
Section 163(2)(a) BEFORE amended by 2003-55-61 effective January 31, 2004 (BC Reg 7/04).
(a) this Act, the regulations or the standards;
Section 163(3) was added by 2003-55-61 effective January 31, 2004 (BC Reg 7/04).
Section 164(2)(a) BEFORE amended by 2003-55-62 effective January 31, 2004 (BC Reg 7/04).
(a) the power of the minister to require the holder of an agreement under the Forest Act or the Range Act to take action to achieve a requirement of this Act or regulations or to prevent damage to the environment if the damage is associated with a forest practice,
Section 164(2)(b) BEFORE repealed by 2003-55-62 effective January 31, 2004 (BC Reg 7/04).
(b) consultation related to a forest practice,
Section 169(2) BEFORE repealed by 2003-55-63 effective January 31, 2004 (BC Reg 7/04).
(2) In a standard under subsection (1), the chief forester may do one or more of the following:
(a) delegate a matter to a person;
(b) confer a discretion on a person;
(c) make different standards for different persons, places, things or transactions.
Section 169(4) BEFORE amended by 2003-55-63 effective January 31, 2004 (BC Reg 7/04).
(4) A standard is not effective
(a) until notice of the standard and the method for meeting the standard has been published in the Gazette, and
(b) to the extent that it conflicts with this Act or the regulations.
Section 170(1) BEFORE amended by 2004-36-116 effective May 13, 2004 (Royal Assent).
(1) The Lieutenant Governor in Council may establish by regulation a Forest Practices Advisory Council to undertake periodic reviews of the requirements that apply to operational planning and forest practices or range practices under this Act, the regulations and the standards and make recommendations to the minister on any specific matter relevant to this Act that is referred to the council by the minister.
Section 171(1) BEFORE amended by 2003-55-64 effective January 31, 2004 (BC Reg 7/04).
171 (1) Before a timber sales manager or holder of an agreement under the Forest Act or the Range Act proposes a pilot project, the timber sales manager or holder, as the case may be, must
(a) make the proposed pilot project publicly available for
(i) review, and
(ii) comment, and
(b) submit to the minister a summary of the comments received and any actions taken or proposed to address issues raised in the comments.
Section 176 BEFORE repealed by 2003-55-65 effective January 31, 2004 (BC Reg 7/04).
176 This Act comes into force by regulation of the Lieutenant Governor in Council.
Sections 177 to 217 enacted by 2003-55-66 effective January 31, 2004 (BC Reg 7/04).
Section 177.1 was enacted by 2004-36-117 effective May 13, 2004 (Royal Assent).
Section 186 BEFORE amended by 2004-36-118 effective May 13, 2004 (Royal Assent).
186 This Division does not apply to or in respect of the holder of a woodlot licence.
Section 195(1) BEFORE amended by 2004-36-119 effective May 13, 2004 (Royal Assent).
195 (1) Despite section 3, if a person is
(a) the holder of
(i) a major licence,
(ii) a timber sale licence that requires the holder of the licence to prepare a forest stewardship plan, or
(iii) a community forest agreement, and
(b) the holder of a forest development plan that is in effect,
the person may obtain a cutting permit or road permit in accordance with the Forest Act, the Code and the Code regulations.
Section 197(4) BEFORE amended by 2004-36-120(a) effective May 13, 2004 (Royal Assent).
(4) The approval of a forest stewardship plan does not affect the requirements that must be met for any area in which timber harvesting or road construction has begun before the approval of the plan.
Section 197(5) BEFORE amended by 2004-36-120(b) effective May 13, 2004 (Royal Assent).
(5) If, before the replacement under subsection (1) of a part of a forest development plan,
(a) the holder
(i) begins harvesting of a cutblock, and
(ii) is required to establish a free growing stand on an area harvested, and
(b) the stocking standards specified in the plan apply to the net area to be reforested,
the stocking standards in the plan remain in effect until the free growing stand is established.
Section 197(7)(a) BEFORE amended by 2004-36-120(c) effective May 13, 2004 (Royal Assent).
(a) in a cutblock and subject to a cutting permit in effect on the date the forest stewardship plan was approved, or
Section 202(3) BEFORE amended by 2004-36-121 effective May 13, 2004 (Royal Assent).
(3) The replacement under subsection (1) of a forest development plan by a woodlot licence does not affect a site plan prepared before the replacement.
Section 203(3) was added by 2004-36-122 effective May 13, 2004 (Royal Assent).
Section 204(3) was added by 2004-36-123 effective May 13, 2004 (Royal Assent).
Section 205(2) BEFORE amended by 2004-36-124 effective May 13, 2004 (Royal Assent).
(2) A holder of a range use plan referred to in subsection (1), if the circumstances in paragraphs (a) to (d) in that subsection have not occurred, remains responsible for preparing any amendments to the plan or replacement of the plan required under the Code and the Code regulations.
Section 214(1.1) was added by 2004-36-125(a) effective May 13, 2004 (Royal Assent).
Section 214(2) BEFORE amended by 2004-36-125(b) effective May 13, 2004 (Royal Assent).
(2) Part 8 applies to an audit or investigation under subsection (1) of a person’s compliance with the Code and the Code regulations.
Section 214(3) was added by 2004-36-125(c) effective May 13, 2004 (Royal Assent).
Section 215(1.1) was added by 2004-36-126(a) effective May 13, 2004 (Royal Assent).
Section 215(2) BEFORE amended by 2004-36-126(b) effective May 13, 2004 (Royal Assent).
(2) Part 8 of this Act applies to an audit or investigation, under subsection (1), of a person’s compliance with Part 5 of the Code and with the Code regulations in relation to that Part.
Copyright (c) 2004: Queen’s Printer, Victoria, British Columbia, Canada