| Copyright (c) Queen's Printer, Victoria, British Columbia, Canada | License Disclaimer |
| This archived statute consolidation is current to May 14, 2001 and includes changes enacted and in force by that date. For the most current information, click here. |
FOREST PRACTICES CODE OF BRITISH COLUMBIA — Continued
[RSBC 1996] CHAPTER 159
Part 5 — Protection of Forest Resources: General
75 In Divisions 2 and 3 of this Part and in the regulations that relate to those Divisions:
"forest" includes all of the following:
(a) forest land, whether Crown land or private land;
(b) Crown range;
(c) Crown land or private land that is predominantly maintained in one or more
(i) successive stands of trees,
(ii) successive crops of forage, or
(iii) wilderness;
"industrial activity" includes land clearing, timber harvesting, timber processing, mechanical site preparations and other silviculture treatments, mining, road construction and any prescribed activity;
"local government" means the following:
(a) the trustees of an improvement district;
(b) the council of a municipality;
(c) the board of a regional district;
(d) the council of the City of Vancouver;
"open fire" means any burning conducted in such a manner that combustion products are not vented through a stack or chimney.
Division 2 — Fire Use and Prevention
76 (1) A person must not light, fuel or make use of an open fire in or within 1 km of a forest, except in compliance with
(a) this Act and the regulations, and
(b) any notice or order published, broadcast or given under section 78 (1).
(1.1) Subsection (1) applies despite any provision to the contrary in an operational plan.
(2) [Repealed 1998-29-30.]
(3) Despite subsection (1), a person acting for the government may light, fuel or make use of an open fire if the fire is for fire control or suppression purposes.
(4) The Lieutenant Governor in Council may, by order, exempt an area or class of areas from subsection (1) and may, by regulation, regulate burning in the exempted area.
77 [Repealed 1998-29-31.]
78 (1) A designated forest official, if he or she considers it necessary to limit the risk of a forest fire starting or to address a public health or safety concern,
(a) in a notice published or broadcast, or both, in or near an area, including an area exempted under section 76 (4), may
(i) restrict, with or without conditions, or prohibit the lighting, fueling or use of an open fire in an area, or
(ii) order that a person who is lighting, fueling or making use of an open fire in an area to extinguish the fire, and
(b) in a notice given to a person who is lighting, fueling or making use of an open fire in an area, including an area exempted under section 76 (4), may
(i) restrict, with or without conditions, or prohibit the person from lighting, fueling or making use of the fire, or
(ii) order the person to extinguish the fire.
(2) An order made under this section may be different for different
(a) types, categories or subcategories of open fires, or
(b) persons, places or things.
79 (1) If required by the regulations, a person who engages in a prescribed activity related to timber harvesting must, in accordance with the regulations,
(a) assess the fire hazard, and
(b) submit the results of the fire hazard assessment to a designated forest official.
(2) In accordance with the regulations, a designated forest official may assess whether a fire hazard exists on any land in or within 1 km of a forest, and for this purpose may enter onto private land.
(3) If a designated forest official makes an assessment under subsection (2), he or she must provide the results of that assessment to a person carrying out an industrial activity on the land, and, if the land is private land, the owner or any tenant.
(4) An assessment under subsection (1) is effective to the extent it does not conflict with an assessment under subsection (2).
80 (1) If a fire hazard exists on Crown land in or within 1 km of a forest as a result of an industrial activity, the person carrying out the activity and the person causing the activity to be carried out must abate, remove or both abate and remove, the fire hazard as required by, and in accordance with, the regulations.
(2) If a fire hazard exists on private land, in or within 1 km of a forest as a result of an industrial activity, the following persons must abate and remove the fire hazard in accordance with the regulations:
(a) the landowner;
(b) the tenant;
(c) the person carrying out the activity;
(d) the person causing the activity to be carried out.
(3) In accordance with the regulations, a landowner and tenant must abate and remove a fire hazard that exists on private land as a result of insects, disease, wind, fire or other causes.
(4) Without limiting subsections (2) and (3), if a fire hazard exists on private land as a result of activities or conditions referred to in subsection (2) or (3), and a corporation is the landowner, tenant, person carrying out the activity or person causing the activity to be carried out, the following persons must abate and remove the fire hazard in accordance with the regulations:
(a) the landowner;
(b) the tenant;
(c) the person carrying out the activity;
(d) the person causing the activity to be carried out;
(e) the directors and officers of the corporation;
(f) a person who controls the corporation;
(g) 2 or more persons not dealing at arm's length with each other who control the corporation.
81 [Repealed 1998-29-33.]
82 If a designated forest official determines that a fire hazard has not been removed as required by this Act and the regulations, he or she may, in a notice of determination given to a person under section 118 (2), require the person to remove or abate the fire hazard and the person must comply.
Division 3 — Fire Control and Suppression
83 In this Division:
"person's area of operation" means the area on which or within 500 m of which the person is carrying out an industrial activity;
"initial fire suppression" means action that is appropriate to take when a fire is first discovered, to contain or limit the spread of the fire, and, if possible, extinguish the fire;
"restricted area" means an area of land designated by the designated forest official as a restricted area under section 84.
84 (1) A designated forest official may, in a notice personally given, or in a notice that is published or broadcast in or near the area, order that for the period specified in the notice, the area is a restricted area, if the designated forest official considers it appropriate in a specified area
(a) as a preventive measure to limit the risk of a forest fire starting,
(b) as a public safety measure to protect the public from an actual or potential fire or from fire control or suppression operations, or
(c) to avoid interference with fire control or suppression operations.
(2) If an order made under subsection (1) is in effect, subject to subsection (3), a person must not enter a restricted area except with the written consent of the designated forest official.
(3) An order under subsection (1) does not prevent a person from
(a) travelling to and from or occupying his or her residence,
(b) using a highway, as defined in the Highway Act, or
(c) carrying on or travelling to and from an operation of a type authorized under the order.
(4) A person entering a restricted area must comply with the regulations.
85 (1) A designated forest official may, by order, require a person to leave an area specified in the order if the government is engaged in fire control or suppression operations.
(2) A person who receives an order under subsection (1) must immediately comply with the requirements of the order.
(3) A designated forest official may make an order under subsection (1) whether or not the area specified in the order has been declared a restricted area.
86 A person who sees a fire burning in or within 1 km of a forest, that appears to be unattended or burning without any precautions taken to extinguish or prevent its spread, must immediately report the fire to a regional manager, district manager, designated forest official, peace officer or person who answers a forest fire reporting telephone number.
87 (1) Except for the purpose of starting a fire in accordance with this Act, a person must not drop a burning substance in or within 1 km of a forest.
(2) A person who contravenes subsection (1) must immediately take all reasonable steps to extinguish the burning substance.
88 (1) A person must take the actions required under subsection (2) if the person does any of the following things in or within 1 km of a forest:
(a) starts or causes a fire, otherwise than as permitted by this Act and the regulations;
(b) starts or causes an open fire that spreads beyond the area authorized or intended for burning or that otherwise becomes out of control.
(2) A person to whom subsection (1) applies must
(a) immediately take all reasonable steps to extinguish the fire, if the fire can be extinguished, and after that to report the fire, or
(b) if it appears the fire cannot be extinguished by the person, immediately report the fire.
(3) A fire is reported when it is made known to a regional manager, district manager, a designated forest official, peace officer or person answering a forest fire reporting telephone number.
89 (1) The government may carry out a fire control and suppression operation
(a) on any land, wherever located, if a designated forest official determines that
(i) the operation is necessary to control or extinguish a fire, and
(ii) forest resources on Crown land or private land are threatened by the fire, or
(b) on land within a local government's jurisdiction if the local government or a person authorized by the local government requests that the operation be carried out
(2) If the government causes fire control or suppression operations to be carried out on private land under subsection (1), the reasonable cost of the operations is a debt due the government by the owner of the land, payable on demand.
90 (1) A person acting on behalf of the government may enter on private land for the purpose of carrying out fire control or suppression operations on adjoining land.
(2) The government must compensate the owner and any tenant for damage caused to private land by the government under subsection (1).
91 (1) A person carrying out an industrial activity in or within 300 m of a forest must
(a) do so in accordance with the regulations, and
(b) at all times have
(i) the tools and equipment in the quantity and of the type required by the regulations, and
(ii) the prescribed number of personnel who meet the prescribed training qualifications.
(2) A person engaged in a prescribed category of industrial activity must submit to a designated forest official a fire preparedness plan that
(a) specifies proposed fire detection and initial fire suppression for the person's area of operation, and
(b) meets the requirements of the regulations.
92 (1) If a person is carrying out an industrial activity and a fire occurs in or within 1 km of the person's area of operation, that person
(a) must report the fire to the regional manager, district manager, designated forest official or person answering a forest fire reporting telephone number, and
(b) carry out initial fire suppression in accordance with the regulations.
(2) A person is not relieved of a responsibility under subsection (1) by the government carrying out a fire control and suppression activity in the person's area of operation.
93 (1) A designated forest official may hire temporary employees for the purposes of carrying out fire suppression operations.
(2) The Public Service Act does not apply to a person hired as a temporary employee under subsection (1).
(3) A temporary employee hired under subsection (1) must be compensated by the government in accordance with the regulations.
(4) A designated forest official may, in writing, authorize a temporary employee to exercise, within the limits provided in the authorizations, the powers conferred on
(a) a designated forest official under section 77, 78 (1) (b), 85, 89 or 94, or
(b) a person acting on behalf of the government under section 90 (1).
94 (1) A designated forest official may, for the purposes of carrying out fire control or suppression operations,
(a) order a person
(i) to provide facilities and equipment that the person owns or has use of, and
(ii) if an employee of the person is trained to fight forest fires or has skills that can be used to fight forest fires, and is ordered to assist in controlling or extinguishing a fire under paragraph (b), to release an employee from his or her duties and to pay the employee his or her usual wages while fighting the fire, and
(b) order a person who is age 19 or older to assist in controlling or extinguishing a forest fire if the person
(i) is physically capable of doing so, and
(ii) is trained to fight forest fires or possesses skills that can be used to fight forest fires.
(2) A person who is the subject of an order under subsection (1) must comply with the order without delay.
95 (1) Subject to subsections (2), (4), (5) and (7), a person who carries out initial fire suppression under section 92 or who complies with an order issued under section 94 must be compensated by the government in an amount determined by a designated forest official in accordance with the regulations.
(2) Despite subsection (1), a designated forest official may make a determination that a person, or that person's employee,
(a) caused a fire,
(b) failed to comply with section 92, or
(c) failed to comply with the regulations and that failure contributed to the cause or spread of a fire.
(3) If a designated forest official makes a determination under subsection (2), a designated forest official must give the person a notice of determination under section 120.
(4) The government is not liable to compensate a person who is determined under subsection (2) to have caused a fire or failed to comply, for an expense incurred in complying with an order issued under section 94 for
(a) equipment brought to a forest fire from within 30 km by road of the person's area of operation, including, for example, crawlers, tractors, trucks, excavators and skidders,
(b) any facilities or vehicles that serve the person's area of operation including, for example, camps, first aid offices, warehouses, machine shops, trucks and crew buses,
(c) wages payable to employees referred to in section 94 (1) (a) (ii), and
(d) prescribed expenses.
(5) The government is not liable to compensate a person for carrying out initial fire suppression activities under section 92 if a designated forest official has determined under subsection (2) of this section that the person or the person's employee
(a) caused the fire,
(b) failed to comply with section 92, or
(c) failed to comply with the regulations and that failure contributed to the cause or spread of the fire.
(6) In accordance with the regulations, the government may compensate a person who incurs expense, other than on private land owned or occupied by the person, in voluntarily attempting to control or extinguish a fire burning in or within 1 km of a forest.
(7) Compensation is not payable under subsection (1) or (6) to a person in respect of expenses that relate to a fire on private land that the person owns, rents or leases.
Division 4 — Unauthorized Timber Harvesting and Trespass
96 (1) A person must not cut, damage or destroy Crown timber unless authorized to do so
(a) under an agreement under the Forest Act or under a provision of the Forest Act,
(b) under a grant of Crown land made under the Land Act,
(c) under the Mineral Tenure Act for the purpose of locating a claim or for other prescribed purposes,
(d) under the Park Act,
(e) by the regulations, in the course of carrying out duties as a land surveyor,
(f) by the regulations, in the course of fire control or suppression operations, or
(g) by the regulations, in the course of carrying out activities
(i) under a range use plan or a consent under section 101 or 102,
(ii) under a silviculture prescription for a backlog area or a stand management prescription, or
(iii) [Not in force.]
(iv) [Not in force. Repealed 2000-6-40.]
(2) Without limiting subsection (1), a person must not remove Crown timber unless authorized to do so
(a) under an agreement under the Forest Act or under a provision of the Forest Act,
(b) under a grant of Crown land made under the Land Act, or
(c) under the Park Act.
(3) If a person, at the direction of or on behalf of another person,
(a) cuts, damages or destroys Crown timber contrary to subsection (1), or
(b) removes Crown timber contrary to subsection (2),
that other person also contravenes subsection (1) or (2).
(4) Despite any other enactment or grant of land from the government, timber on private land granted by the government after April 6, 1887 and before April 29, 1888 may be harvested without the authority of the government.
97 (1) Before an owner or occupier of private land that is adjacent to Crown land authorizes another person to cut or remove timber from the private land, the owner or occupier must inform that other person of the boundaries of the private land.
(2) Before a person cuts or removes timber from private land adjacent to Crown land, the person must ascertain the boundaries of the private land.
98 A person must not cause or permit livestock to be driven on or to graze on Crown range unless
(a) authorized to do so under an agreement under the Range Act, or under a silviculture prescription or a special use permit under this Act, and
(b) the person acts in accordance with this Act, the regulations, the standards and any range use plan, silviculture prescription or special use permit.
99 (1) A person must obtain the consent of the district manager before constructing or occupying a building on Crown land in a Provincial forest unless the construction or occupation is authorized under another enactment.
(2) The district manager may, in a notice given to a person who contravenes subsection (1), order the person to do one or more of the following:
(a) remove or destroy, or both, the building or other structure;
(b) restore the land under the building or other structure.
100 A person must not cut, remove, damage or destroy hay on Crown range unless authorized to do so under an agreement under the Range Act.
101 (1) A person must obtain the consent of the district manager before
(a) storing hay on Crown range, or
(b) carrying out, constructing, modifying, maintaining, removing, damaging or destroying a range development on Crown range.
(1.1) The district manager may
(a) require a person seeking consent under subsection (1) to submit the matter for which consent is sought to a review in accordance with the regulations, and for comments by interested parties during the course of the review,
(b) grant or refuse the consent, depending on the outcome of a review required under paragraph (a), and
(c) impose requirements, that the district manager considers necessary or desirable, to be met by the person seeking the consent as a condition of obtaining or retaining the consent, including, but not limited to, requiring that the person provide security.
(1.11) The district manager may only grant a consent under this section if
(a) the consent is consistent with any operational plans and higher level plans in effect for the area covered by the consent, and
(b) the district manager is satisfied that the consent will adequately manage and conserve the forest resources of the area to which it applies.
(1.12) If the district manager requires security under subsection (1.1) (c), the district manager must specify
(a) when the security must be paid,
(b) the amount of security that is required,
(c) the form of the security, and
(d) the circumstances under which the security may be realized.
(1.2) A person who obtains consent under subsection (1) must comply with any conditions imposed under subsection (1.1) in respect of the consent.
(2) The district manager may, in a notice given to a person who contravenes subsection (1) or (1.2), order the person to do one or more of the following:
(a) remove or destroy, or both, the stored hay or the range development;
(b) restore the land under the stored hay or the range development, or both;
(c) repair or rehabilitate the range development.
102 (1) Subject to subsection (2), a person must obtain the consent of the district manager before constructing, rehabilitating or maintaining a trail or other recreation facility on Crown land.
(2) Subsection (1) does not apply to a person who is authorized under another enactment to construct, rehabilitate or maintain a trail or recreational facility on Crown land.
(3) The district manager may, in a notice given to a person who contravenes subsection (1), order the person to
(a) remove or destroy, or both, the trail or facility, and
(b) restore the land underlying the trail or facility.
103 A person must not
(a) drive or place any nail, spike or other potentially hazardous object into any timber that the person does not own or is not authorized to alter,
(b) possess any nail, spike or other potentially hazardous object with the intention of driving or placing it into any timber that the person does not own or is not authorized to alter, or
(c) solicit funds or materials from another person with the stated intention that the funds or material will be used to enable any person to drive or place any nail, spike or other potentially hazardous object into any timber that the person does not own or is not authorized to alter.
Division 5 — Botanical Forest Products
104 Unless a person holds a valid botanical forest product buyer's licence, the person must not, as part of a commercial enterprise, buy a botanical forest product from a person, or otherwise engage in trade concerning a botanical forest product with a person who harvested the botanical forest product if it
(a) was harvested from Crown land in a Provincial forest or Crown range, and
(b) is designated in a regulation for the purposes of this section.
105 (1) If the district manager determines that it is necessary to protect a recreation resource or manage public recreation use on Crown land, he or she may, by written order, restrict, prohibit or attach a condition to
(a) a non-recreational use of
(i) a resource management zone, landscape unit or sensitive area that was established for recreation, or
(ii) an interpretive forest site, recreation site or recreation trail that is on Crown land,
except any use permitted under the Coal Act, Mineral Tenure Act or Petroleum and Natural Gas Act, or
(b) a recreational use anywhere on Crown land, except a use that is specifically permitted by or under another enactment.
(2) The district manager may make different orders under subsection (1) for different uses and locations.
(3) A district manager who makes an order under subsection (1) must post a notice of it in the area to which it applies.
(4) A person must not
(a) contravene an order made under subsection (1), or
(b) remove, alter, destroy or deface a notice posted under subsection (3) without lawful authority.
Division 7 — Control of Destructive Agents
106 (1) If a designated forest official 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, the district manager may, in a notice given to the owner or the holder of the agreement, order measures to be undertaken within a specified time to control or dispose of the insects, diseases, animals or abiotic factors and the person must comply.
(2) Any order under subsection (1) must be consistent with the Wildlife Act and the Pesticide Control Act.
[ Act Contents | 1 | 2| 3 | 4 | 5 | 6 |7| 8 | 9 | 10 |11 ]
Copyright (c) 2001: Queen’s Printer, Victoria, British Columbia, Canada