B.C. Reg. 219/2024, deposited July 15, 2024, under the ENERGY RESOURCE ACTIVITIES ACT [section 103], FOREST ACT [section 35.2], FOREST AND RANGE PRACTICES ACT [sections 141, 146, 147, 151, 155 and 163], FORESTS STATUTES AMENDMENT ACT, 2021 [section 111], FORESTS STATUTES AMENDMENT ACT, 2023 [section 188] and LAND ACT [sections 7.8 and 93.81]. Order in Council 500/2024, approved and ordered July 15, 2024.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that

(a) sections 1, 3, 4, 30, 31, 33 to 44, 49, 51, 62, 64, 65, 69, 74, 75, 82 to 84, 86, 87, 91, 93, 95 to 97, 104, 105 and 110 of the Forests Statutes Amendment Act, 2021, S.B.C. 2021, c. 37, are brought into force,

(b) sections 40, 77, 78, 126 and 128 of the Forests Statutes Amendment Act, 2023, S.B.C. 2023, c. 43, are brought into force,

(c) the Forest Planning and Practices Regulation, B.C. Reg. 14/2004, is amended as set out in the attached Schedule 1,

(d) the Forest Recreation Regulation, B.C. Reg. 16/2004, is amended as set out in the attached Schedule 2, and

(e) the regulations set out in the attached Schedule 3 are amended as set out in that Schedule.

— B. RALSTON, Minister of Forests; G. CHOW, Presiding Member of the Executive Council.

Schedule 1

1 Section 1 (1) of the Forest Planning and Practices Regulation, B.C. Reg. 14/2004, is amended by repealing paragraph (a) of the definition of "resource feature" and substituting the following:

(a) a recreation site, recreation trail, trail-based recreation area or interpretive forest site, or .

2 The following Part is added:

Part 1.1 – Forest Operations Plans

Division 1 – Interpretation

Definitions for Part 1.1

4.02 In this Part:

"additional measure" means a measure included in a forest operations plan that imposes a requirement on the holder of the forest operations plan other than or in addition to one or more of the following requirements:

(a) a planning guideline requirement;

(b) a substituted requirement;

(c) a practice requirement set out in Part 4 of this regulation;

"amendment" means an amendment to a forest operations plan;

"existing cutblock", in relation to a holder of a forest operations plan, means a cutblock

(a) for which the holder has been granted a cutting permit or for which the holder has issued a timber sales licence, or

(b) in which the holder has harvested timber under an agreement;

"existing road", in relation to a holder of a forest operations plan, means a road that the holder is authorized to construct or has constructed under a cutting permit or road permit;

"forest operations plan requirement" includes the following requirements in relation to a forest operations plan:

(a) a planning guideline requirement;

(b) a substituted requirement;

(c) a practice requirement set out in Part 4 of this regulation from which the holder of the forest operations plan is not exempt;

(d) an additional measure;

"planning guideline requirement" means a requirement included under section 2.28 (2) (c) [planning guidelines regarding forest practices, silvicultural systems or stocking standards] of the Act in a planning guideline;

"substituted requirement" means a requirement substituted under section 2.37 (2) (b) [additional requirements if forest operations plan is inconsistent with planning guidelines] of the Act for a planning guideline requirement.

Division 2 – Information Requirements

Information requirements for forest operations plan

4.03 A person who submits or holds a forest operations plan must include in the plan all of the information required under this Division.

Business contact information

4.04 (1) A forest operations plan must include the following current information in relation to the person who is or will be the holder of the plan:

(a) the person’s name;

(b) the person’s address in British Columbia, other than a post office box;

(c) regular business hours;

(d) email address;

(e) website address, if applicable.

(2) A forest operations plan held by more than one person must include the information referred to in subsection (1) in relation to each holder.

(3) A forest operations plan must be amended if information included under this section changes or is no longer accurate.

Identification number and amendment number

4.05 A forest operations plan must

(a) include a unique name, number or code for the purposes of identifying the plan, and

(b) if the plan has been amended, indicate the number of times the plan has been amended.

Date of approval

4.06 (1) A forest operations plan or amendment must include the date on which the plan or amendment is submitted to the minister for approval.

(2) After a forest operations plan or amendment has been approved, the plan must be amended to include the date on which the plan or amendment was approved.

Term and expiry

4.07 After a forest operations plan or amendment has been approved, the plan must be amended to include

(a) the term of the plan, and

(b) the date on which the plan will expire.

Date of extension

4.08 After a forest operations plan has been extended under section 2.43 [extension of term of forest operations plan] of the Act, the plan must be amended to include

(a) the date on which the minister extended the term of the plan, and

(b) the date on which the extended plan will expire.

Forest region and forest district

4.09 A forest operations plan must identify the forest districts and forest regions, as those terms are defined under the Forest Act, in which the forest operations area is located.

Cutblocks and roads

4.11 (1) A forest operations plan must list

(a) each existing cutblock and proposed cutblock, and

(b) each existing road and proposed road.

(2) A forest operations plan must identify each proposed cutblock and proposed road with a unique name, number or code.

(3) A forest operations plan held by more than one person must list the cutblocks and roads referred to in subsection (1) according to which person proposes the harvesting of timber on the cutblock or the construction of the road.

Commencement dates

4.12 A forest operations plan must include, for each cutblock and road proposed in the plan, the year in which the person who will hold the forest operations plan proposes to begin

(a) harvesting timber on the cutblock, or

(b) constructing the road.

Assessments

4.13 If a planning guideline requires an assessment to be conducted before a forest operations plan or an amendment is submitted to the minister for approval, a copy of the assessment must be submitted to the minister together with the plan or amendment.

Specifying stocking standards in forest operations plan

4.14 (1) A forest operations plan must specify the situations or circumstances that determine when section 44 (1) [free growing stands generally] or section 45 [free growing stands collectively across cutblocks] will apply to an area.

(2) The forest operations plan must specify the following for each of the situations or circumstances specified under subsection (1) of this section:

(a) if section 44 (1) (a) will apply, the regeneration date and stocking standards;

(b) if section 44 (1) (b) will apply, the free growing height and stocking standards;

(c) if section 45 (1) will apply, the regeneration date and the stocking standards;

(d) if section 45 (2) will apply, the free growing date and the stocking standards, as approved by the chief forester.

(3) The forest operations plan must specify stocking standards for areas referred to in section 44 (4) and the situations or circumstances that determine when the stocking standards will be applied.

(4) This section does not apply if the forest operations plan incorporates by reference a planning guideline requirement that specifies stocking standards for the forest operations area.

Division 3 – Mapping Requirements

Map requirements

4.15 A person who submits or holds a forest operations plan must include in the plan a map of the forest operations area that meets all of the requirements set out in this Division.

Landscape features

4.16 The map must show

(a) elevation and relief, and

(b) streams, rivers, wetlands and lakes, if any.

Agreement boundaries, land use objectives and other areas of land use

4.17 The map must show the following areas:

(a) the boundaries of each area that is subject to an agreement held by a person who is or will be a holder of the forest operations plan;

(b) the boundaries of areas subject to an order

(i) made under section 93.4 of the Land Act, or

(ii) continued under section 93.8 of the Land Act;

(c) the boundaries of parks, private land, municipalities, regional districts, agreements under the Forest Act, agreements under the Range Act and other areas of land use.

Areas subject to harvesting constraints

4.18 The map must show the boundaries and approximate location of the following areas:

(a) an area in which the harvesting of timber is restricted or prohibited under the applicable forest landscape plan;

(b) a forested area on Crown land that the minister has determined, under section 26 [control of insects, diseases, animals or abiotic factors] of the Act, is being damaged by insects, diseases, animals or abiotic factors that are causing damage to the forest;

(c) an area designated under section 27 [forest health emergency] of the Act as a forest health emergency management area;

(d) an area subject to an order under section 56 [interpretive forest sites, recreation sites and trails] of the Act;

(e) an area subject to an order under section 58 [protection of recreation and range resources on Crown land] of the Act;

(f) an area designated under section 108.2 [areas of catastrophic damage] of the Act as an area of catastrophic damage;

(g) an area continued under section 180 [grandparenting specified designations] of the Act;

(h) a general wildlife measure continued under section 182 [general wildlife measures] of the Act;

(i) an area subject to an order under section 7 [orders of Lieutenant Governor in Council] of the Environment and Land Use Act;

(j) an area subject to a designation under Part 13 [Designated Areas] or Part 15 [Special Purpose Areas] of the Forest Act;

(k) an area subject to an order under the Government Actions Regulation;

(l) a watershed, stream, aquifer or other specified area or environmental feature subject to a water objective established under section 43 [water objectives] of the Water Sustainability Act;

(m) an area designated under section 65 [order designating area for planning process] of the Water Sustainability Act;

(n) an area designated under section 4 [power to designate wildlife management areas] of the Wildlife Act as a wildlife management area.

Cutblocks

4.19 (1) The map must indicate

(a) if the forest operations plan is or will be held by the holder of an agreement, the year in which the holder of the agreement proposes to begin harvesting timber on each proposed cutblock, or

(b) if the forest operations plan is or will be held by a timber sales manager, the year in which the timber sales manager intends to invite applications for each timber sale licence.

(2) The map must identify each proposed cutblock with the unique name, number or code required under section 4.11 (2) [cutblocks and roads].

(3) If the forest operations plan is or will be held by more than one person, the map must identify which of the persons holds or proposes to hold a cutting permit for each existing cutblock and proposed cutblock.

(4) The map must show the location of each existing cutblock, including a cutblock in which a person other than the holder of the forest operations plan has harvested timber, that is within five kilometres of horizontal distance of the boundary of a proposed cutblock.

(5) If a forest operations plan is held by a timber sales manager, the map must show the location of each existing cutblock that is within five kilometres of horizontal distance of a proposed cutblock that the timber sales manager intends to include in timber sale licences for which the timber sales manager will invite applications during the term of the forest operations plan.

(6) The map does not need to show existing cutblocks in which timber harvesting was completed more than 20 years before the date on which the forest operations plan is submitted for approval.

Prescribed distance

4.2 For the purposes of section 2.36 (2) (c) (i) and (d) (i) [location of each existing cutblock or road] of the Act, the prescribed distance is five kilometres of horizontal distance from

(a) the boundary of a proposed cutblock, or

(b) the centerline of a proposed road.

Proposed roads

4.21 (1) The map must indicate the year in which the holder of the plan

(a) intends to begin constructing each proposed road, and

(b) proposes to deactivate each road.

(2) The map must label each proposed road with the unique name, number or code required under section 4.11 [cutblocks and roads].

(3) The map must identify each road that

(a) has been included in a previously approved forest operations plan or forest stewardship plan held by a person who will hold the proposed forest operations plan, and

(b) has not yet been constructed.

(4) If the forest operations plan is or will be held by more than one person, the map must identify which of the persons holds or proposes to hold the road permit for each proposed road.

Existing roads

4.22 (1) The map must show each of the following roads that is within five kilometres of horizontal distance of the centerline of a proposed road:

(a) a road that has been constructed by, or that is authorized to be constructed by, a person other than the holder of the forest operations plan;

(b) a forest service road;

(c) a forest resource road;

(d) a road that is excluded under section 21.1 (2) [roads excluded from definition of "forest resource road"] of the Act from the definition of "forest resource road" under subsection (1) of that section.

(2) The map must indicate the following for each road shown:

(a) whether the road is temporary or permanent;

(b) the year that the road is proposed to be deactivated;

(c) the level of deactivation.

(3) A forest operations plan held by more than one person must identify which of the persons holds or proposes to hold the road permit for each existing road.

(4) If the forest operations plan is or will be held by a timber sales manager, the map must show the location of each existing road that is continuous to or within five kilometres of horizontal distance from the centerline of a proposed road that the timber sales manager intends to construct during the term of the forest operations plan.

Roads subject to deactivation order

4.23 The map must show roads that are the subject of an order under section 23.2 [order to deactivate road] of the Act.

Division 4 – Engagement with Indigenous Nations

Requirements for engaging with Indigenous nations

4.24 For the purposes of section 2.38 (1) (a) [engagement with Indigenous nations affected by forest operations plans] of the Act, a person who submits a forest operations plan or amendment must comply with the requirements set out in this Division.

Initial information to be provided to Indigenous nations

4.25 (1) The person must provide the following information to the Indigenous nation at the start of the engagement process:

(a) the name of the person who holds or will hold the proposed forest operations plan;

(b) the person’s address in British Columbia, other than a post office box, at which a hard copy of the forest operations plan will be made available for review;

(c) the business hours during which a hard copy of the forest operations plan will be made available for review;

(d) the email address of the person who will hold the proposed forest operations plan;

(e) a website address for the person who will hold the proposed forest operations plan, if applicable;

(f) the date on which the person intends to submit the forest operations plan or amendment to the minister for approval;

(g) if engagement is in relation to an amendment, the substance of the amendment;

(h) the proposed term of the forest operations plan;

(i) the types of activities proposed under the forest operations plan;

(j) the text of each planning guideline requirement incorporated by reference into the forest operations plan;

(k) the text of the forest landscape plan outcome to which the planning guideline referred to in paragraph (j) relates;

(l) whether the forest operations plan includes a substituted requirement and the text of the forest landscape plan outcome to which the substituted requirement relates;

(m) whether the forest operations plan includes an additional measure;

(n) if the engagement is in relation to an amendment, whether the amendment requires approval from the minister under section 2.39 [approval of forest operations plans] of the Act.

(2) The person must promptly provide updated information to the Indigenous nation if any of the information referred to in subsection (1) changes.

(3) If more than one person will hold the forest operations plan, the name, address and email address of each of those persons must be provided.

Forest operations plan must be available digitally and in person

4.26 The person must

(a) make a digital copy of the proposed forest operations plan or amendment available to the Indigenous nation,

(b) make a paper copy of the proposed forest operations plan or amendment available for review at the person’s place of business, and

(c) provide a paper copy of the proposed forest operations plan or amendment to the Indigenous nation, if requested by the Indigenous nation.

Provide assessments to Indigenous nation on request

4.27 If a planning guideline requires an assessment to be conducted before a forest operations plan or an amendment is submitted to the minister for approval, the person must provide a copy of the assessment to the Indigenous nation if the Indigenous nation requests a copy.

Meeting with Indigenous nation

4.28 The person must offer to meet, or offer for the person’s representative to meet, with the Indigenous nation to discuss the forest operations plan or amendment.

Information to be provided to minister about engagement

4.29 In addition to the summary required under section 2.38 (2) (a) [summary of engagement with Indigenous nations] of the Act, when submitting a forest operations plan or amendment to the minister for approval the person must provide the following information in relation to each Indigenous nation with whom the person engaged:

(a) a copy of the information referred to in section 4.25 [initial information to be provided to Indigenous nations];

(b) a copy of the version of the forest operations plan provided to the Indigenous nation;

(c) a description of matters raised by the Indigenous nation that were not addressed through a change to the forest operations plan;

(d) the timing of engagement with the Indigenous nation, including

(i) the date on which engagement with the Indigenous nation began,

(ii) the deadline by which the Indigenous nation was asked to provide comments, and

(iii) if the Indigenous nation requested that a deadline under subparagraph (ii) be extended, whether the deadline was extended and for how long;

(e) a description of the person’s efforts to engage with the Indigenous nation, including

(i) a list of correspondence and meetings with the Indigenous nation, and

(ii) a copy of comments received from the Indigenous nation.

Division 5 – Public Review and Comment

Application

4.3 For the purposes of section 2.38 (1) (b) [public review and comment] of the Act, a person who submits a forest operations plan or amendment must comply with the requirements set out in this Division.

Information to be included when making plan publicly available

4.31 (1) In making the forest operations plan publicly available for review and comment, the person must include a notice containing the following information:

(a) the information described in section 4.25 (1) (a) to (e) and (g) to (n) [initial information to be provided to Indigenous nations];

(b) the period of time during which the forest operations plan will be available for review and comment.

(2) The person must promptly update the notice if any of the information referred to in subsection (1) changes.

(3) If more than one person will hold the forest operations plan, the name, address and email address of each of those persons must be included in the notice.

Digital copy and hard copy

4.32 The person must make the forest operations plan and the notice described in section 4.31 of this regulation publicly available

(a) as a digital copy, and

(b) as a paper copy at the person’s place of business.

Public review and comment period

4.33 (1) The person must make the forest operations plan publicly available for review and comment for a period of 60 days, unless the minister authorizes a shorter period under subsection (2).

(2) The minister may authorize a shorter public review and comment period of not less than 10 days if the minister is satisfied that the 60-day period under subsection (1) would likely result in

(a) an unacceptable impact on the proper management and conservation of forests and forest ecosystems,

(b) an increased risk of wildfire, or

(c) an increased risk to public safety.

(3) The person must publish notice of the review and comment period described in subsection (1) of this section on a publicly accessible website maintained by or on behalf of the person and in one of the following:

(a) a newspaper published in British Columbia and circulating in the areas subject to the forest operations plan;

(b) the Gazette.

Public review and comment period – amendments that do not require approval

4.34 (1) A person must make an amendment described in section 4.43 [amendments that do not require minister’s approval] publicly available for review and comment for a period of 30 days, unless the minister authorizes a shorter period under subsection (2).

(2) The minister may authorize a shorter public review and comment period of not less than 10 days if the minister is satisfied that the 30-day period under subsection (1) would likely result in

(a) an unacceptable impact on the proper management and conservation of forests and forest ecosystems,

(b) an increased risk of wildfire, or

(c) an increased risk to public safety.

(3) The person must publish notice of the review and comment period described in subsection (1) of this section on a publicly accessible website maintained by or on behalf of the person and in one of the following:

(a) a newspaper published in British Columbia and circulating in the areas subject to the forest operations plan;

(b) the Gazette.

Provide assessments to public on request

4.35 If a planning guideline requires an assessment to be conducted before a forest operations plan or an amendment is submitted to the minister for approval, the person must provide a copy of the assessment to any individual who requests a copy.

Review and comment by rights-holders

4.36 (1) The person must give notice of the forest operations plan or amendment to each person whose rights are likely to be affected by the forest operations plan or amendment.

(2) If a person to whom notice is given under subsection (1) requests an extension to the time period for reviewing and providing comments on the forest operations plan or amendment, the person must be provided with an extension, up to a maximum total review and comment period of 60 days.

Information to be provided to minister about engagement

4.37 In addition to the summary required under section 2.38 (2) (b) of the Act, the person submitting the forest operations plan or amendment to the minister for approval must provide the following:

(a) a copy of the notice included under section 4.31 [information to be included when making plan publicly available] of this regulation;

(b) a copy of the version of the forest operations plan that was made publicly available for review and comment;

(c) a description of matters raised and changes proposed that were not addressed through changes to the forest operations plan;

(d) the period of time during which the forest operations plan was made available for review and comment;

(e) a list of all notices, correspondence, meetings, or other engagement activities relating to the plan or amendment that took place during the public review and comment period.

Division 6 – Approvals and Extensions

How to submit a forest operations plan for approval

4.38 A forest operations plan or an amendment must be submitted to the minister electronically.

Criteria for minister’s approval of forest operations plan

4.39 The minister must not approve a forest operations plan or amendment unless the minister is satisfied that the following criteria are met:

(a) the forest operations plan includes planning guideline requirements, substituted requirements or additional measures respecting the matters referred to in section 2.28 (2) (a) to (c) of the Act that are measurable or verifiable;

(b) the forest operations plan sufficiently supports

(i) the objectives set out in section 2.22 [preparation of forest landscape plan] of the Act, and

(ii) any objectives established under section 2.51 [decision-making agreement – statutory power of decision of chief forester] of the Act by a decision-making agreement;

(c) the forest operations plan is not likely to result in an increased fire hazard within a wildland urban interface area;

(d) the forest operations plan is not likely to result in an increased risk to public safety;

(e) the forest operations plan is not likely to negatively impact cultural heritage resources;

(f) the cumulative impact of the forest operations plans in an area is not likely to

(i) exceed a threshold established in a forest operations plan requirement, or

(ii) prevent the achievement of one or more outcomes of the applicable forest landscape plan.

Criteria for inconsistent forest operations plan

4.4 (1) This section applies in relation to a proposed forest operations plan that includes a statement referred to in section 2.37 (2) (a) [additional requirements if forest operations plan is inconsistent with planning guidelines] of the Act.

(2) In addition to the criteria set out in section 4.39 and for the purposes of section 2.4 (1) (c) [approval of forest operations plans that are inconsistent with forest landscape plans] of the Act, the minister must not approve a proposed forest operations plan to which this section applies unless the minister is satisfied that circumstances or conditions described in the statement make it impracticable for the plan to include the planning guideline requirement or substituted requirement to which the statement relates.

Road deactivation as condition of approval

4.41 For the purposes of section 2.39 (3) [approval of forest operations plans] of the Act, the minister may require the holder of a forest operations plan, as a condition of approval and as contemplated by subsection (2) of that section, to deactivate an existing road if the following circumstances apply:

(a) all or part of a proposed road is located in an area that has reached a level of disturbance to the natural environment that the minister considers to be the maximum level of acceptable disturbance for the area;

(b) there is an existing road in the area and the existing road is authorized under a road permit or cutting permit held by the holder of the forest operations plan;

(c) the minister considers that the deactivation of the existing road is necessary for the proper management and conservation of the forest and forest ecosystems in the area of the proposed new road.

Extension of term of forest operations plan

4.42 (1) The minister may extend the term of a forest operations plan under section 2.43 (2) (a) [extension of term of forest operations plan] of the Act if the following circumstances apply:

(a) the holder of the forest operations plan holds a forest licence that provides that a replacement for the licence must not be offered, within the meaning of section 15 of the Forest Act;

(b) the extension will not extend the term of the forest operations plan beyond the term of the forest licence referred to in paragraph (a);

(c) the forest operations plan will expire in less than 12 months;

(d) the minister considers that additional time is required for a reason set out in subsection (2) or (3).

(2) The minister may consider that additional time is required if the minister reasonably believes all of the following:

(a) that one of the following circumstances exists:

(i) a potential threat to cultural heritage resources;

(ii) an ecological condition such as forest health factors, landslides, wildfires, floods or droughts, in the forest operations plan area;

(b) that when the forest operations plan was approved the circumstance referred to in paragraph (a) was not known to the plan holder or did not exist;

(c) that the circumstance is beyond the plan holder’s control;

(d) that the need for an extension is unrelated to the plan holder’s financial situation.

(3) The minister may consider that additional time is required if the forest operations plan is affected by an amendment to any of the following enactments:

(a) the Act;

(b) the regulations under the Act;

(c) an enactment listed in 4.47 [prescribed enactments].

Division 7 – Amendments

Amendments that do not require minister’s approval

4.43 (1) Subject to section 4.45, an amendment does not require the approval of the minister under section 2.39 of the Act if all of the following criteria apply:

(a) the amendment will not result in timber harvesting or road construction being proposed in any of the following areas:

(i) an area listed in section 4.18 [areas subject to harvesting constraints];

(ii) a riparian management area, other than a riparian management area in relation to a stream that is not a fish stream (riparian class S5 or S6);

(iii) a wildlife tree retention area;

(iv) the location of a cultural heritage resource or an area that an Indigenous nation has identified to the holder of the forest operations plan as being a culturally significant area for the Indigenous nation;

(b) the amendment does not change a planning guideline requirement, a substituted requirement or an additional measure, other than to replace a substituted requirement with the planning guideline requirement for which it was substituted;

(c) the amendment and the forest operations plan as amended are consistent with all conditions imposed by the minister in relation to the forest operations plan;

(d) the amendment and the forest operations plan as amended are consistent with any objectives established under sections 93.4 and 93.8 of the Land Act;

(e) the amendment and the forest operations plan as amended comply with section 2.36 of the Act and the requirements of Divisions 2 and 3 of this Part;

(f) the amendment does not materially change the nature or scope of the activities proposed by the forest operations plan.

(2) The holder of a forest operations plan who proposes an amendment referred to in subsection (1) must, in accordance with Divisions 4 and 5 of this Part,

(a) make reasonable efforts to engage with Indigenous nations affected by the amendment, and

(b) make the amendment publicly available for review and comment.

Amendment that does not require approval is effective 30 days after documents submitted

4.44 Subject to section 4.45, an amendment referred to in section 4.43 is effective 30 days after the following documents have been provided to the minister:

(a) the amended forest operations plan;

(b) a written statement from a person authorized to prepare an operational plan under the Professional Governance Act describing the effect of the amendment in relation to the criteria set out in section 4.43;

(c) the information set out in section 4.29 [information to be provided to minister about engagement] regarding engagement with Indigenous nations;

(d) the information set out in section 4.37 [information to be provided to minister about engagement] regarding public review and comment.

Minister may determine that approval is required

4.45 (1) Within 30 days after receiving the documents referred to in section 4.44 in relation to a proposed amendment that meets the criteria set out in section 4.43, the minister may determine that approval under section 2.39 of the Act is required in relation to the proposed amendment if the minister considers that the approval process under section 2.39 of the Act is necessary to protect one of the following:

(a) public health and safety;

(b) the environment;

(c) a cultural heritage resource, as defined in the Forest Act.

(2) If the minister determines that approval is required in relation to a proposed amendment, the proposed amendment is not effective without the minister’s approval under section 2.39 of the Act.

Updates to basic information

4.46 (1) The following amendments to a forest operations plan do not require the approval of the minister under section 2.39 of the Act:

(a) adding the following information to a forest operations plan:

(i) the date on which a forest operations plan or amendment was approved by the minister;

(ii) the date on which the minister extended the term of a forest operations plan;

(iii) the date on which a forest operations plan will expire;

(b) a change to a person’s business hours, website address, address or email address.

(2) Divisions 4 to 6 of this Part do not apply to an amendment under subsection (1).

(3) A holder of the forest operations plan must

(a) update the publicly available copies of the forest operations plan to reflect the amendment, and

(b) submit the amended forest operations plan to the minister.

Division 8 – Mandatory Amendments

Prescribed enactments

4.47 The holder of a forest operations plan must propose and submit, in accordance with section 2.45 [mandatory amendments to forest operations plan] of the Act, an amendment to the plan if the area specified in the plan as the location of a proposed cutblock or proposed road is affected by an amendment to any of the following enactments, or by the enactment, amendment or repeal of a regulation made under them:

(a) Environment and Land Use Act;

(b) Forest Act;

(c) Land Act;

(d) Water Sustainability Act;

(e) Wildlife Act.

Cumulative impacts

4.48 (1) The holder of a forest operations plan must propose and submit an amendment if the minister determines that the amendment is necessary in accordance with subsection (2).

(2) The minister may determine that an amendment to a forest operations plan is necessary if the minister reasonably considers that

(a) the cumulative impact of the forest operations plans in an area

(i) exceeds, or is likely to exceed, a threshold established in a forest operations plan requirement, or

(ii) prevents, or is likely to prevent, the achievement of one or more outcomes of the applicable forest landscape plan, and

(b) the mandatory amendment would reduce the cumulative impact of the forest operations plans in the area.

(3) Before making a determination under this section, the minister must give the holder of the forest operations plan an opportunity to be heard.

Exemption from requirement to amend forest operations plan

4.49 A person is exempt from the requirements under section 2.45 [mandatory amendments to forest operations plan] of the Act if one of the following circumstances applies:

(a) there are less than six months remaining in the term of the forest operations plan;

(b) there are six months or more remaining in the term of the forest operations plan and the holder of the forest operations plan has submitted a new forest operations plan for approval.

Minister may exempt

4.5 The minister may exempt a person from the requirement to amend a plan under section 2.45 (1) of the Act if the minister considers that the amendment to the plan does not materially change

(a) a forest operations plan requirement, or

(b) the location of a cutblock or road included in the forest operations plan.

Division 9 – Exemptions

Exemption from practice requirements

4.51 The minister may exempt an agreement holder who holds a forest operations plan, or a holder of a timber sales licence or road permit to which a forest operations plan relates, from a provision of Part 4 listed in column 1 of the following table if

(a) the forest operations plan includes a planning guideline requirement, substituted requirement or additional measure that addresses the matter listed in column 2 opposite the provision in column 1, and

(b) the minister considers the planning guideline requirement, substituted requirement or additional measure to be at least as effective as the provision listed in column 1 in addressing the matter in column 2.

Division 10 – Annual Forest Development Schedule

Publish annual forest development schedule

4.52 (1) For the purposes of section 2.46 (1) [annual forest development schedule] of the Act, the holder of a forest operations plan, other than a timber sales manager, must make an annual forest development schedule available throughout the calendar year to which the schedule relates, in both of the following ways:

(a) as a digital copy on a publicly accessible website maintained by or on behalf of the holder;

(b) as a paper copy in the holder’s place of business.

(2) If a forest operations plan is held by more than one person, the annual forest development schedule for the plan must indicate, for each location in the forest operations area where the holders intend to start harvesting timber or constructing roads in the next calendar year,

(a) which plan holder holds, or intends to hold, a cutting permit or road permit for the location, or

(b) if applicable, that a timber sales licence will be issued for the location.

Notice of annual forest development schedule

4.53 (1) The holder of a forest operations plan must publish with the annual forest development schedule a notice that includes the following information:

(a) the name of the person who will hold the proposed forest operations plan;

(b) the person’s address in British Columbia, other than a post office box, at which a hard copy of the annual forest development schedule will be made available for review;

(c) the business hours during which a hard copy of the annual forest development schedule will be made available for review;

(d) the email address of the person who will hold the proposed forest operations plan;

(e) a website address for the person who will hold the proposed forest operations plan, if applicable;

(f) the identification name, number or code of the forest operations plan to which the annual forest development schedule relates;

(g) the calendar year to which the annual forest development schedule relates;

(h) a website address for the publicly accessible digital copy of the annual forest development schedule;

(i) the purpose of the annual forest development schedule;

(j) a description of the information contained in the annual forest development schedule.

(2) The notice referred to in subsection (1) must be

(a) published on a ministry website or on a publicly accessible website maintained by or on behalf of the holder and in one of the following:

(i) a newspaper published in British Columbia and circulating in the areas subject to the forest operations plan;

(ii) the Gazette, and

(b) provided to

(i) each holder of a forest operations plan in the forest landscape area to which the annual forest development schedule relates, and

(ii) each person whose rights the forest operations plan holder knows or ought to know are likely to be affected by the activities referred to in the annual forest development schedule.

Division 11 – Site Level Plans

Information requirements for site level plan

4.54 A holder of a forest operations plan who is required to prepare a site level plan must include in the plan all of the information required under this Division.

Information to be included in a site level plan

4.55 The site level plan must include the following information:

(a) the name of each holder of the forest operations plan;

(b) the identification name, number or code of the forest operations plan that applies to the site level plan;

(c) the unique name, number or code for each cutblock and road shown in the site level plan;

(d) a website address at which a copy of the forest operations plan is available, if applicable;

(e) the standards units for the area of the site level plan;

(f) the stocking standards for the area of the site level plan;

(g) the soil disturbance limits for the area of the site level plan;

(h) a copy of a site level assessment, if any, for the area of the site level plan;

(i) a map described in section 4.56.

Map to be included in a site level plan

4.56 The site level plan map must show the following:

(a) water resources, including streams, wetlands, lakes and riparian areas;

(b) elevation and relief;

(c) names, numbers or codes that identify cutblocks and roads shown on the map;

(d) standards units;

(e) the boundaries of parks, private land, municipalities, regional districts, agreements under the Forest Act, agreements under the Range Act and other areas of land use.

Site level plan must be kept until obligations complete

4.57 A holder of a site level plan must keep a copy of the site level plan until the date that the holder has completed, or been granted relief under section 108 of the Act from, all of the obligations under the forest operations plan in relation to the area of the site level plan.

Site level plan must be made available on request

4.58 A holder of a site level plan must

(a) publish notice of the site level plan on a publicly accessible website maintained by or on behalf of the holder, and

(b) make the plan publicly available on request at any reasonable time at the holder’s place of business nearest to the area to which the site level plan applies.

When site level plan not required for cutblocks

4.59 The holder of a forest operations plan is not required to prepare a site level plan under section 2.47 (1) (a) [site level plans for cutblocks] of the Act if one or more of the following circumstances applies:

(a) timber harvesting must proceed expeditiously to eliminate a safety hazard;

(b) timber harvesting is needed to facilitate collection of seed, leaving an opening not greater than 1 ha;

(c) timber harvesting is limited to a volume of 50 m³ or less;

(d) timber harvesting is restricted to one or more of the following:

(i) removing felled trees from landings and road rights of way;

(ii) harvesting trees on land that is, or will be, exclusively used for harvesting hay or grazing livestock in accordance with an agreement under the Range Act;

(iii) harvesting timber for experimental purposes if, in the opinion of the minister, the harvesting will be carried out under controlled scientific or investigative conditions;

(iv) clearing areas for or within a recreation site or recreation trail;

(v) felling and removing trees that have been or will be treated to facilitate the entrapment of pests;

(vi) commercial thinning, removal of individual trees, or a similar type of intermediate cutting;

(vii) harvesting special forest products other than woodchips or hogged tree material.

When site level plan not required for roads

4.6 The holder of a forest operations plan is not required to prepare a site level plan under section 2.47 (1) (b) [site level plans for roads] of the Act if the timber harvesting is limited to removal of timber to improve safety for road users by

(a) eliminating a safety hazard,

(b) improving visibility, or

(c) increasing the number of pullouts or the size of existing pullouts.

Division 12 – Miscellaneous

Additional parties to plans

4.61 A forest operations plan may be held by more than one person.

Forest operations plan must be signed

4.62 A forest operations plan or an amendment must be signed by

(a) each person who will hold the forest operations plan, and

(b) a person who prepares the forest operations plan on the behalf of the person or persons who will hold the forest operations plan.

Map must be kept throughout term of forest operations plan

4.63 (1) A holder of a forest operations plan must keep a copy of the forest operations plan, including all maps and amendments, for the term of the forest landscape plan that applies to the forest operations area.

(2) During the term of the forest landscape plan, the holder of a forest operations plan must promptly provide a copy of the forest operations plan to the minister if the minister requests a copy.

How to make forest operations plan publicly available

4.64 The holder of a forest operations plan must make the plan publicly available in both of the following ways throughout the term of the forest operations plan:

(a) on a ministry website or on a publicly accessible website maintained by or on behalf of the holder;

(b) as a paper copy in the place of business of the holder of the forest operations plan.

3 Section 4.1 is renumbered as section 4.99.

4 Section 19.2 is amended by repealing paragraph (c) and substituting the following:

(c) is under a program administered by the minister.

5 Section 23 (2) (a) is amended by striking out "an interpretive forest site, recreation site or recreation trail" and substituting "a recreation site, recreation trail, trail-based recreation area or interpretive forest site".

6 The title of Part 3.1 is repealed and the following substituted:

Part 3.1 – Forest Operations Maps (Forest Stewardship Plans) .

7 Section 36 (3) is repealed and the following substituted:

(3) An agreement holder may rehabilitate an area occupied by permanent access structures in one of the following ways:

(a) in accordance with the results or strategies specified in the forest stewardship plan;

(b) in accordance with the planning guideline requirements, substituted requirements or additional measures specified in the forest operations plan;

(c) under subsection (3.1).

(3.1) An agreement holder may rehabilitate an area occupied by permanent access structures by

(a) removing or redistributing woody materials that are exposed on the surface of the area and are concentrating subsurface moisture, as necessary to limit the concentration of subsurface moisture on the area,

(b) de-compacting compacted soils, and

(c) returning displaced surface soils, retrievable side-cast and berm materials.

8 Section 36 (4) is amended by striking out "subsection (3) (a)" and substituting "subsection (3.1) (a)".

9 Section 44 (1) is amended by adding "or section 4.14 [specifying stocking standards in forest operations plan]" after "section 16 (1) [stocking standards]".

10 Section 44 (2) is repealed and the following substituted:

(2) If an agreement holder contravenes section 52 (1) [unauthorized timber harvesting] of the Act, the holder must establish, on the area on which the contravention occurred, a stand that meets the requirements specified in the holder’s forest stewardship plan or forest operations plan for an area with similar attributes, as if the area on which the contravention occurred had been identified under section 16 (1) or 4.14 as being subject to this section.

11 Section 45 is amended

(a) in subsection (1) by striking out "forest stewardship plan, under section 16 (1) [stocking standards]" and substituting "forest stewardship plan under section 16 (1) [specifying stocking standards in forest stewardship plan] or forest operations plan under section 4.14 [specifying stocking standards in forest operations plan]", and

(b) in subsection (2) by striking out "forest stewardship plan, under section 16 (1)," and substituting "forest stewardship plan under section 16 (1) or forest operations plan under section 4.14".

12 Section 45.2 is amended by repealing paragraph (c) and substituting the following:

(c) is under a program administered by the minister.

13 Section 51 (1) (i) is amended by striking out "an interpretive forest site, recreation site, recreation facility or recreation trail" and substituting "a recreation site, recreation trail, recreation facility, trail-based recreation area or interpretive forest site".

14 Section 106.2 is amended

(a) by adding the following subsection:

(1.1) A holder of a timber sales licence who carries out a primary forest activity in an area subject to a forest operations plan prepared by a timber sales manager must ensure that the activity is consistent with

(a) the forest operations plan requirements, and

(b) the site level plan prepared by the timber sales manager for a cutblock or road in the area. , and

(b) by repealing subsection (3) and substituting the following:

(3) A holder of a timber sale licence who carries out a primary forest activity on either one of the following areas must not apply for an exemption under section 91 or 92 without the consent of the timber sales manager:

(a) an area in a forest development unit of a forest stewardship plan prepared by a timber sales manager;

(b) an area subject to a forest operations plan prepared by a timber sales manager.

Schedule 2

1 Section 1 (1) of the Forest Recreation Regulation, B.C. Reg. 16/2004, is amended

(a) by repealing the definition of "developed portion" and substituting the following:

"developed portion", when referring to a recreation site, recreation trail, trail-based recreation area or interpretive forest site, means that portion of the site, trail or area that is composed of

(a) any structure that is ancillary to a day use area, camping area, trail staging area or other similar area, and

(b) a buffer zone consisting of an area that extends out 100 m in all directions from the structure, except where limited by the boundary of the recreation site, recreation trail, trail-based recreation area or interpretive forest site; ,

(b) by adding the following definition:

"recreation operator" means a person or class of persons authorized in writing under section 22 (6) to act as a recreation operator in relation to recreation sites, recreation trails, trail-based recreation areas and interpretive forest sites; , and

(c) by repealing the definition of "recreation site or trail operator".

2 The heading to Part 4 is repealed and the following substituted:

Part 4 – Use of Recreation Sites, Recreation Trails, Trail-Based Recreation Areas and Interpretive Forest Sites .

3 Section 6 (1) is amended by striking out "a recreation site, recreation trail or interpretive forest site" and substituting "a recreation site, recreation trail, trail-based recreation area or interpretive forest site".

4 Section 6 (3) is amended

(a) by striking out "on a recreation trail," and substituting "on a recreation trail or in a trail-based recreation area," , and

(b) by striking out "the site or trail" and substituting "the site, trail or area".

5 Section 6 (4) is amended by striking out "on a recreation trail or on the developed portion of either a recreation site or an interpretive forest site" and substituting "on a recreation trail or in a trail-based recreation area, or on the developed portion of either a recreation site or an interpretive forest site,".

6 Section 7 (1) is amended by repealing paragraphs (a) and (b) and by substituting the following:

(a) on a recreation site or an interpretive forest site,

(b) on a recreation trail, or

(c) in a trail-based recreation area.

7 Sections 8 and 9 are amended by striking out "a recreation site, recreation trail or interpretive forest site" and substituting "a recreation site, recreation trail, trail-based recreation area or interpretive forest site".

8 Section 10 is amended by striking out "within the developed portion of either a recreation site or an interpretive forest site" and substituting "within the developed portion of a recreation site, trail-based recreation area or interpretive forest site".

9 Section 11 (2) (a) is amended by striking out "a recreation site or interpretive forest site" and substituting "a recreation site, trail-based recreation area or interpretive forest site".

10 Section 12 is amended

(a) in subsection (1) by striking out "a recreation site, recreation trail or interpretive forest site" and substituting "a recreation site, recreation trail, trail-based recreation area or interpretive forest site", and

(b) in subsection (2) (b) by striking out "the recreation site, recreation trail or interpretive forest site" and substituting "the recreation site, recreation trail, trail-based recreation area or interpretive forest site".

11 Section 14 is amended by striking out "a recreation site, recreation trail or interpretive forest site" and substituting "a recreation site, recreation trail, trail-based recreation area or interpretive forest site".

12 Section 15 (1) is amended by striking out "on a recreation site, recreation trail or interpretive forest site" and substituting "on a recreation site, on a recreation trail, in a trail-based recreation area or on an interpretive forest site".

13 Sections 16 (a), 17 (a) and (b), 18 (1) and 19 are amended by striking out "a recreation site, recreation trail or interpretive forest site" and substituting "a recreation site, recreation trail, trail-based recreation area or interpretive forest site".

14 Section 20 (3) is repealed and the following substituted:

(3) A recreation officer may establish rules, other than an occupancy limitation referred to in subsection (2), for the use of a recreation site, recreation trail, trail-based recreation area or interpretive forest site by posting at the site, trail or area a sign containing the rules to be followed.

15 Section 20 (5) is repealed and the following substituted:

(5) A recreation officer may close, or may authorize in writing a recreation operator to close, all or part of a recreation site, recreation trail, trail-based recreation area or interpretive forest site to protect the public, site, trail or area.

16 Section 22 is amended

(a) in subsections (1), (2), (4) and (9) by striking out "a recreation site or trail" wherever it appears and substituting "a recreation site, recreation trail, trail-based recreation area or interpretive forest site",

(b) in subsection (1) (d) by striking out "recreation trail" and substituting "recreation trail or trail-based recreation area",

(c) in subsection (2) by striking out "the site or trail" and substituting "the site, trail or area",

(d) in subsection (5) (a) by striking out "sites and trails" and substituting "sites, trails and areas", and

(e) by repealing subsections (6), (7) and (8) and substituting the following:

(6) The minister may authorize a person to act as a recreation operator in relation to recreation sites, recreation trails, trail-based recreation areas and interpretive forest sites, and may rescind the authorization.

(7) On request of a person who is paying or providing proof of payment to use a recreation site, recreation trail, trail-based recreation area or interpretive forest site, a recreation operator must provide written proof of authorization by the minister to act under this section.

(8) The user of a recreation site, recreation trail, trail-based recreation area or interpretive forest site must

(a) pay a fee to the recreation operator to use the recreation site, recreation trail or trail-based recreation area, if the fee is listed under subsection (5),

(b) provide the person’s name and address and any other information reasonably required by the recreation operator to identify the person or party,

(c) produce proof of payment on request of an official, a recreation officer, a peace officer or a recreation operator, and

(d) if the person owns or is in control of a motor vehicle, other than a motorcycle, ensure that the vehicle is not parked in a campsite without proof of payment for camping prominently displayed in the windshield, unless another vehicle that displays a proof of payment for camping is parked in the campsite at the same time.

17 Section 23 (1) is amended

(a) by striking out "a recreation site, recreation trail or interpretive forest site" wherever it appears and substituting "a recreation site, recreation trail, trail-based recreation area or interpretive forest site", and

(b) in paragraph (b) by striking out "the site, or trail" and substituting "the site, trail or area".

Schedule 3

Administrative Orders and Remedies Regulation

1 Section 12 (a) of the Administrative Orders and Remedies Regulation, B.C. Reg. 101/2005, is amended by striking out "section 112 (3) of that Act;" and substituting "any of the following sections of that Act: 20.21 (1); 20.22 (1); 112 (3);".

2 Section 12 (b) is amended

(a) by adding "2.35 (2) (c) or (d); 2.38 (1) or (2); 3 (1) (c) or (d); 12 (1) (c) or (d); 18;" after "the following sections of that Act:", and

(b) by striking out "29 (1) or (3);" and substituting "29 (0.1), (1) or (3);".

3 Section 12 (c) is amended by striking out "3 (1); 12 (1); 21 (1);" and substituting "2.36 (1); 2.45 (1) or (3); 2.46 (1); 2.47 (1) or (2); 3 (1) (a) or (b); 12 (1) (a) or (b);".

4 Section 12 (e) is amended by striking out "11;" and "18;".

5 Section 14 (a) is amended by adding "4.63 (2);" before "35 (3);".

6 Section 14 (b) is amended by adding "4.06 (1) or (2); 4.07; 4.08; 4.25 (1); 4.26; 4.27; 4.28; 4.29; 4.31 (1); 4.32; 4.33 (1) or (3); 4.34 (1) or (3); 4.35; 4.36; 4.37; 4.43 (2); 4.46 (3); 4.48 (1); 4.52 (1) or (2); 4.53; 4.58 (a) or (b); 4.63 (1); 4.64;" before "39 (1) or (2);".

7 Section 14 (c) is amended by adding "4.57; 34 (2);" before "35 (6) (a), (b) or (c) or (7);".

8 Section 14 (e) is amended by striking out "34 (2);".

9 Section 15 is amended by striking out "section 21 (1)" and substituting "section 20.22 (1)".

Environmental Protection and Management Regulation

10 Section 25 (e) of the Environmental Protection and Management Regulation, B.C. Reg. 200/2010, is amended by striking out "an interpretative forest site, a recreation site or a recreation trail" and substituting "a recreation site, recreation trail, trail-based recreation area or interpretive forest site".

Forest Practices Board Regulation

11 Section 1 of the Forest Practices Board Regulation, B.C. Reg. 15/2004, is amended in paragraph (a) (i) of the definition of "significant breach" by striking out "Parts 2 to 5 of the Act" and substituting "Parts 1.1 to 5 of the Act".

12 Section 5 (1) (a) is amended by striking out "Parts 2 to 5" and substituting "Parts 1.1 to 5".

Integrated Land and Resource Registry Regulation

13 Schedule 2 of the Integrated Land and Resource Registry Regulation, B.C. Reg. 180/2007, is amended by adding the following item as indicated:

Land Use Objectives Regulation

14 Section 3 (4) of the Land Use Objectives Regulation, B.C. Reg. 357/2005, is amended by striking out "a holder of a forest stewardship plan," and substituting "a holder of a forest stewardship plan, forest operations plan,".

Tree Farm Licence Management Plan Regulation

15 Section 5 (c) of the Tree Farm Licence Management Plan Regulation, B.C. Reg. 280/2009, is amended by adding the following subparagraph:

(i.1) forest operations plans approved under section 2.39 of the Forest and Range Practices Act; .

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