B.C. Reg. 17/2004, deposited January 23, 2004, pursuant to the FOREST AND RANGE PRACTICES ACT [Sections 1 (2), 141, 149, 149.1, 150, 150.1 to 150.5 and 154]. Order in Council 20/2004, approved and ordered January 22, 2004.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective January 31, 2004, the attached Government Actions Regulation is made.

— M. de JONG, Minister of Forests; G. COLLINS, Presiding Member of the Executive Council.

GOVERNMENT ACTIONS REGULATION

Part 1 — Government Actions

Division 1 — Interpretation and Limitation on Actions

Definitions and application

1 (1) Unless otherwise indicated, words and expressions not defined in this regulation have the meaning given to them in section 1 [definitions] of the Forest Planning and Practices Regulation.

(2) In this regulation:

"action" means to designate, establish, identify, categorize or specify, as applicable, the following:

(a) a wildlife habitat area or ungulate winter range;

(b) a fisheries sensitive watershed;

(c) a lakeshore management zone;

(d) a scenic area;

(e) an L1 lake;

(f) a riparian reserve zone or riparian management zone;

(g) a community watershed;

(h) a temperature sensitive stream;

(i) an interpretative forest site, recreation site or recreation trail;

(j) a resource feature;

(k) a wildlife habitat feature;

(l) a visual quality objective;

(m) an objective for an interpretative forest site, recreation site or recreation trail;

(n) a lakeshore management zone objective;

(o) a wildlife habitat area objective;

(p) an ungulate winter range objective;

(q) a water quality objective for a community watershed;

(r) a fisheries sensitive watershed objective;

(s) a general wildlife measure;

(t) a species at risk;

(u) regionally important wildlife;

(v) a specified ungulate species;

"range agreement holder" means a range agreement holder under the Range Planning and Practices Regulation;

"woodlot licence holder" means a woodlot licence holder under the Woodlot Licence Planning and Practices Regulation.

(3) An action does not apply to a person who acts under any of the following that were entered into before the action takes effect:

(a) a cutting permit;

(b) a road permit;

(c) a timber sale licence that does not provide for cutting permits.

(4) Until June 1, 2004, this regulation and the objectives made under it apply immediately, despite sections 16 (2) and 37 (2) of the Act, to a forest stewardship plan, woodlot licence plan, range use plan, and range stewardship plan, as applicable.

Limitation on actions

2 (1) A minister may not take an action under section 15 [taking an action], except in respect to a species category, unless

(a) satisfied that the action is consistent with other established objectives,

(b) taking the action would not unduly reduce the supply of timber from British Columbia's forests, and

(c) the material adverse effect on the ability of an agreement holder, woodlot licence holder or a range agreement holder to exercise its timber harvesting, grazing or hay cutting rights, as applicable, to be vigorous, efficient and world competitive, created by the combination of the impact of the proposed action and the impact of any previous actions taken by any minister, is outweighed by the importance of the proposed action.

(2) In making a determination under subsection (1) (c), the minister must consult a holder referred to in that subsection whose rights will suffer a material adverse effect.

Division 2 — Authorization To Take an Action

Resource features

3 (1) Subject to subsection (2), the minister may identify the following as a resource feature:

(a) surface or subsurface elements of a karst system;

(b) a range development;

(c) Crown land that is being used for research or experimental purposes;

(d) permanent sample sites used as snow courses by the federal or Provincial government for the purpose of measuring the water content of the snow pack on a given area;

(e) trees or other plants that the minister reasonably believes to be important genetic resources;

(f) a cultural heritage resource that is the focus of a traditional use by an aboriginal people and that is not regulated by the Heritage Conservation Act;

(g) an interpretative forest site, recreation site or recreation trail;

(h) a trail or other recreation facility referred to in section 56 [interpretive forest sites, recreation sites and recreation trails] of the Act that is authorized by the minister or under another enactment;

(i) a recreation feature that the minister considers to be of significant recreational value.

(2) The minister may make an order under subsection (1) if the minister is satisfied that the resource feature requires special management that has not otherwise been provided for under this regulation or another enactment.

(3) The identification of a resource feature under subsection (1)

(a) may be by category or type, and may be restricted to a specified geographic location, and

(b) must be sufficiently specific to enable a person affected by it to identify the resource feature in the ordinary course of carrying out forest practices or range practices.

Lakeshore management zones and objectives

4 If the minister is satisfied that special management is required to conserve forest resources adjacent to a lake with a riparian class of L1, the minister may

(a) establish a lakeshore management zone,

(b) specify the width of the zone, and

(c) establish a lakeshore management zone objective.

Scenic areas and visual quality objectives

5 (1) The Minister of Sustainable Resource Management may establish an area as a scenic area if satisfied that the area

(a) is visually important based on its physical characteristics and public use, and

(b) requires special management that has not otherwise been provided by this regulation or another enactment.

(2) The minister may establish visual quality objectives for a scenic area that are consistent with subsection (1).

Community watersheds and water quality objectives

6 (1) The Minister of Sustainable Resource Management may designate as a community watershed all or part of the drainage area that is upslope of the lowest point from which water is diverted for human consumption by a licensed waterworks, if satisfied that, to protect the water that is diverted for human consumption, the area requires special management that is not otherwise provided for under the Act or the regulations

(a) to conserve the quality, quantity and timing of water flow, or

(b) to prevent cumulative hydrological effects that would have a material adverse effect on the water.

(2) The Minister of Water, Land and Air Protection may establish water quality objectives for a community watershed respecting a matter referred to in subsection (1).

General wildlife measures

7 (1) The Minister of Water, Land and Air Protection may establish a general wildlife measure, to be applied to a specified area, for a category of species at risk, regionally important wildlife or specified ungulate species, if satisfied that

(a) the measure is necessary to protect or conserve the species in the category in the area to which the measure relates, and

(b) this regulation or another enactment does not otherwise provide for that protection or conservation.

(2) The Minister of Water, Land and Air Protection may establish a general wildlife measure for a wildlife habitat area or an ungulate winter range if satisfied that

(a) the measure is necessary to protect or conserve the wildlife habitat area or ungulate winter range, and

(b) this regulation or another enactment does not otherwise provide for that protection or conservation.

Wildlife habitat areas and objectives

8 (1) The Minister of Water, Land and Air Protection may establish an area as a wildlife habitat area if satisfied that the area is necessary to meet the habitat requirements of a category of species at risk or regionally important wildlife.

(2) The Minister of Water, Land and Air Protection may establish a wildlife habitat area objective for a wildlife habitat area if satisfied that the wildlife habitat area requires special management that has not otherwise been provided for under this regulation or another enactment.

Wildlife habitat features

9 (1) Subject to subsection (2), the Minister of Water, Land and Air Protection may identify any or all of the following as a wildlife habitat feature:

(a) a fisheries sensitive feature;

(b) a marine sensitive feature;

(c) a significant mineral lick or wallow;

(d) a nest of

(i) a bald eagle,

(ii) an osprey,

(iii) a great blue heron, or

(iv) a category of species at risk that is limited to birds;

(e) any other localized feature that the Minister of Water, Land and Air Protection considers to be a wildlife habitat feature.

(2) The Minister of Water, Land and Air Protection may make an order under subsection (1) if satisfied that the wildlife habitat feature requires special management that has not otherwise been provided for under this regulation or another enactment.

(3) Identification of a wildlife habitat feature under subsection (1)

(a) may be by category or type, and may be restricted to a specified geographic location, and

(b) must be sufficiently specific to enable a person affected by it to identify the wildlife habitat feature in the ordinary course of carrying out forest practices or range practices.

Ungulate winter ranges and objectives

10 (1) The Minister of Water, Land and Air Protection may establish an area as an ungulate winter range if satisfied that

(a) the area contains habitat that is necessary to meet the winter habitat requirements for a category of specified ungulate species, and

(b) the habitat referred to in paragraph (a) requires special management that is not otherwise provided for under this regulation or another enactment.

(2) The Minister of Water, Land and Air Protection may establish an ungulate winter range objective for an ungulate winter range.

Species at risk, regionally important wildlife and ungulate species

11 (1) The Minister of Water, Land and Air Protection may establish one or more categories identifying species of wildlife as species at risk if satisfied that the identified species are endangered, threatened or vulnerable.

(2) The Minister of Water, Land and Air Protection may establish one or more categories identifying species of wildlife as regionally important wildlife if satisfied that the identified species

(a) are important to a region of British Columbia,

(b) rely on habitat that requires special management that is not otherwise provided for in this regulation or another enactment, and

(c) may be adversely impacted by forest practices or range practices.

(3) The Minister of Water, Land and Air Protection may establish one or more categories identifying ungulate species for which an ungulate winter range is required if satisfied that the range is necessary for the winter survival of the identified species.

Fisheries sensitive watersheds and objectives

12 (1) The Minister of Water, Land and Air Protection may identify an area of land in a watershed that has significant downstream fisheries values and significant watershed sensitivity as a fisheries sensitive watershed if satisfied that the area requires special management to protect fish, that is not otherwise provided for under this regulation or another enactment, by

(a) conserving

(i) the natural hydrological conditions, natural stream bed dynamics and stream channel integrity, and

(ii) the quality, quantity and timing of water flow, or

(b) preventing cumulative hydrological effects that would have a material adverse effect on fish.

(2) The Minister of Water, Land and Air Protection may establish a fisheries sensitive watershed objective respecting a matter referred to in subsection (1).

Temperature sensitive streams

13 The Minister of Water, Land and Air Protection may designate a portion of a fish stream as a temperature sensitive stream if satisfied that

(a) trees are required adjacent to the stream to manage the temperature of the designated portion for the protection of fish, and

(b) management of the temperature of the designated portion is not otherwise provided for under this regulation or another enactment.

Part 2 — Procedure

Review and comment

14 Before taking an action, the minister taking the action must provide an opportunity for review and comment to any of the following who may be affected:

(a) an agreement holder;

(b) a woodlot licence holder;

(c) a range agreement holder.

Taking an action

15 (1) A minister who takes an action must

(a) subject to subsection (4), identify, in writing, the geographic location to which the action relates,

(b) specify, in writing, when the action takes effect,

(c) in the case of a general wildlife measure, include a copy of the general wildlife measure,

(d) in the case of an objective, include a copy of the objective, and

(e) file the information referred to in paragraphs (a) to (d) with the regional office for the forest region to which the action relates.

(2) Notice of an action must

(a) be posted on the website of the ministry of the minister who takes the action, and

(b) be published in the Gazette.

(3) If a visual quality objective is established for all scenic areas in the Province, whether the scenic areas are established before or after the coming into force of the objective,

(a) subsection (1) (b) does not apply, and

(b) for the purpose of subsection (1) (c), the objective must be filed in every regional office.

(4) If the Minister of Water, Land and Air Protection reasonably believes that a wildlife habitat area or wildlife habitat feature is sensitive to damage or disturbance,

(a) subsection (1) (a) does not apply, and

(b) that minister

(i) must make the location available to an agreement holder or woodlot licence holder affected by it, and

(ii) may impose conditions on the holder in respect to the extent to which the holder may disclose the location of the area or feature.

(5) If the minister reasonably believes that a resource feature is sensitive to damage or disturbance, subsection (4) applies as if a reference to the Minister of Water, Land and Air Protection is a reference to the minister.

When actions take effect

16 (1) An action takes effect on the later of the date

(a) specified under section 15 (1) (b) [taking an action],

(b) notice is posted under section 15 (2) (a), and

(c) notice is published under section 15 (2) (b).

(2) Section 16 (2) [approval of forest stewardship plan, woodlot licence plan or amendment] of the Act does not apply to an action taken under this regulation.

Part 3 — Delegation and Subdelegation

Minister of Forests' delegation

17 If the minister delegates a power or a duty under section 56 [interpretive forest sites, recreation sites and recreation trails] of the Act to a deputy minister, assistant deputy minister, regional manager or district manager within the Ministry of Forests,

(a) the minister may provide directions under section 2 (2) (b) [interpretation] of the Act that are different for different persons, places, things or other matters identified by the minister, and

(b) a person given delegated authority may not make a subdelegation under section 2 (3) of the Act except to a person or class of persons referred to in this subsection.

Other ministers' delegation

18 In delegating a power, duty or function under this regulation, the Minister of Sustainable Resource Management and the Minister of Water, Land and Air Protection may, in writing,

(a) provide directions that are binding on the delegate respecting the exercise of the power or the performance of the duty or function, and

(b) vary or revoke a delegation or direction.

Copyright © 2004: Queen's Printer, Victoria, British Columbia, Canada