Forest and Range Practices Act -- FOREST PLANNING AND PRACTICES REGULATION

"agreement holder" means a holder of an agreement under the Forest Act, other than a woodlot licence;

(a) a district manager, timber sales manager or other government employee or agent who is authorized by the minister to construct, maintain or deactivate a forest service road,

(b) an agreement holder who is authorized to construct, maintain or deactivate a road under a road permit, cutting permit or an agreement that does not provide for cutting permits, and

(c) a person, other than a woodlot licence holder, who is authorized to construct, maintain or deactivate a road under a special use permit or within a Provincial forest under an Act other than

(ii) the Coal Act, Mineral Tenure Act, Mines Act or Mining Right of Way Act, if the road is located within the boundaries of a claim, lease, permit or other authorization granted or issued under the applicable Act;

"authorized person" means a person who is an agreement holder or a person who is described in paragraph (a) or (c) in the definition of "authorized in respect of a road";

(a) for the purposes of stocking standards, the cross-sectional area per hectare of the crop trees, and

(b) for the purposes of retention of basal area in a riparian management zone, the cross-sectional area per hectare of standing trees, whether living or dead;

"biodiversity" means the biological diversity of plants, animals and other living organisms in all their forms and levels of organization, including the biological diversity of genes, species and ecosystems;

"biogeoclimatic zone" or "biogeoclimatic subzone" means a biogeoclimatic zone or biogeoclimatic subzone as described in the Ministry of Forests' publication Biogeoclimatic Ecosystem Classification Codes and Names, as amended from time to time;

"clearing width" means an area within a road right of way that is cleared of standing trees for the purpose of constructing or maintaining a road;

"Coast" means an area of British Columbia located within the Coast forest region or the Kalum forest district, as defined in the Forest Regions and Districts Regulation, B.C. Reg. 123/2003;

(a) the date on which timber harvesting, other than on road rights of way or landings, begins on a cutblock, or

(b) in the case of timber harvesting carried out in contravention of section 52 (1) [unauthorized timber harvesting] of the Act, the date a determination under section 71 [administrative penalties] of the Act takes effect, without any further opportunity for review or appeal in respect of the contravention;

(a) established under section 41 (8) to (13) [approval of plans by the district manager or designated environment official] of the Forest Practices Code of British Columbia Act,

(b) continued under section 180 (e) [grandparenting specified designations] of the Act, or

"cutblock" means an area within which an agreement holder is authorized to harvest timber, as identified in

"declared area" means an area that has been identified under section 14 (5) [identifying forest development units];

"designated official" means an official of the Ministry of Water, Land and Air Protection that is designated by the deputy minister of that ministry to act for the purposes of this regulation;

"established objective" means an objective described under Division 1 [Content (Objectives)] of Part 2 [Forest stewardship plans] and a land use objective;

"fan destabilization" means one or more of the following that occur beyond the naturally occurring range of variability:

(b) water and sediment that overflows the banks of a channel within an alluvial or colluvial fan and spreads out across the surface of the fan;

(ii) rainbow trout, cutthroat trout, brown trout, bull trout, Dolly Varden char, lake trout, brook trout, kokanee, largemouth bass, smallmouth bass, mountain whitefish, lake whitefish, arctic grayling, burbot, white sturgeon, black crappie, yellow perch, walleye or northern pike;

(ii) is located upstream of a barrier to fish passage and all reaches upstream of the barrier are simultaneously dry at any time during the year, or

(iii) is located upstream of a barrier to fish passage and no perennial fish habitat exists upstream of the barrier;

(ii) is seasonally occupied by a species of fish referred to in paragraph (a) of the definition of "fish stream";

"fisheries sensitive watershed" means an area of land identified under the Government Actions Regulation;

(a) continued under section 181 [grandparenting objectives] of the Act in respect of

(i) an area with significant downstream fisheries values continued under section 180 (f) [grandparenting specified designations] of the Act, or

(ii) an area with significant watershed sensitivity continued under section 180 (g) of the Act, or

"forest cover inventory" means a survey of trees and tree-related matters in an area that includes information required by the minister;

"forest development unit" means an area identified in a forest stewardship plan

(b) within which, during the term of the plan, timber to be harvested or roads to be constructed are entirely located;

"forest health factors" means biotic and abiotic influences on a forest that have an adverse effect on the health of trees and other plants;

(a) required under section 3 [forest stewardship plan required] of the Act, or

(b) approved under section 16 (1) [approval of forest stewardship plan or amendment] of the Act;

"free growing date" means the end of the period, following the commencement date, by which a free growing stand being established on the net area to be reforested must conform to stocking standards set in respect of the free growing stand;

"free growing height" means the minimum height that a crop tree must attain before it forms part of a free growing stand;

(a) a rapid erosion of sediment that creates a channel or increases the depth of an existing channel, or

"harvests timber" or "timber harvesting" means the felling or removal of timber, other than under a silviculture treatment, including

(e) rehabilitating an area referred to in section 35 [soil disturbance limits], and

(f) carrying out sanitation treatments associated with operations referred to in paragraphs (a) to (e);

"industrial user" means a person referred to in section 22.1 [industrial use of a road] of the Act;

"lakeshore management zone" means a lakeshore management zone established under the Government Actions Regulation;

"land use objective" means an objective referred to in paragraph (b) of the definition of "objectives set by government" in section 1 [definitions] of the Act;

"landing" means an area of land that has been modified by equipment to make it suitable as a site for gathering logs before they are transported, and that is located within a cutblock or the clearing width of a road identified in a road permit;

(a) established under section 4 [landscape units and objectives] of the Forest Practices Code of British Columbia Act, or

(b) if section 4 of the Forest Practices Code of British Columbia Act has been repealed, continued under section 93.8 [Forest Practices Code of B.C. Act objectives continued] of the Land Act;

"licensed waterworks" means a water supply intake or a water storage and delivery infrastructure that is licensed under the Water Act or authorized under an operating permit issued under the Drinking Water Protection Act;

(a) herring spawning areas, shellfish beds, saltwater marsh areas, aquaculture sites, juvenile salmonid rearing areas and adult salmon holding areas;

"net area to be reforested" in respect of section 29 (1) and (2) [free growing stands] of the Act means the portion of a cutblock that remains after the following have been excluded:

(i) areas that, in their natural state, are not capable of supporting a stand of trees that could meet the stocking standards that might otherwise apply, such as areas of rock or wetland;

"newspaper" means a newspaper circulating in the area covered by the matter being advertised, or if no newspaper circulates in that area, then a newspaper that circulates nearest to that area, and includes a newspaper that is free and one that does not have subscribers;

"old growth management area" means an area that is subject to old growth management objectives established under section 3 [resource management zones and objectives] or 4 [landscape units and objectives] of the Forest Practices Code of British Columbia Act;

"regeneration date" means the end of the period, following the commencement date, by which a stand being established on the net area to be reforested must conform to stocking standards set in respect of regeneration;

"regionally important wildlife" means a species of wildlife identified within a category established under the Government Actions Regulation;

"resource feature" means a resource feature identified under the Government Actions Regulation;

(a) measurable or verifiable outcomes in respect of a particular established objective, and

(b) the situations or circumstances that determine where in a forest development unit the outcomes under paragraph (a) will be applied;

"riparian class" means the riparian class of a stream, wetland or lake as determined under Division 3 [Riparian areas] of Part 4 [Practice requirements];

"riparian management area" means an area described under Division 3 [Riparian areas] of Part 4 [Practice requirements], that consists of a riparian management zone and a riparian reserve zone;

"riparian management zone" means an area described under Division 3 [Riparian areas] of Part 4 [Practice requirements], that

(i) conserve the fish, wildlife habitat, biodiversity and the water values of the riparian management zone, and

(ii) protect the riparian reserve zone, if any, within the riparian management area;

"riparian reserve zone" means an area described under Division 3 [Riparian areas] of Part 4 [Practice requirements], that

(b) is established to protect fish, wildlife habitat, biodiversity and the water values of the riparian reserve zone;

(b) authorized under a road permit, a cutting permit, an agreement under the Forest Act that does not provide for cutting permits, or a special use permit, or

(i) the Community Charter, Highway Act, Land Act, Local Government Act or Pipeline Act, or

and includes any of a tote road, pit, quarry, landing or waste area that is located within the road's clearing width, that is used in conjunction with the road;

"road prism" means an area consisting of the road surface and any cut slope and road fill;

(a) continued under section 180 (c) [grandparenting specified designations] of the Act, or

"soil disturbance" means the total amount of area within the net area to be reforested that is occupied by

(a) temporary access structures that have not been rehabilitated in accordance with section 35 (6) and (7) [soil disturbance limits],

"species at risk" means a species identified within a category established under the Government Actions Regulation;

"specified ungulate species" means an ungulate species identified within a category established under the Government Actions Regulation;

(b) regeneration dates, stocking standards, free growing dates and free growing heights;

(b) meeting the requirements of section 44 (4) [free growing stands generally];

(a) measurable or verifiable steps or practices that will be carried out in order to meet a particular established objective, and

(b) the situations or circumstances that determine where in a forest development unit the steps or practices will be applied;

"stream" means a watercourse, including a watercourse that is obscured by overhanging or bridging vegetation or soil mats, that contains water on a perennial or seasonal basis, is scoured by water or contains observable deposits of mineral alluvium, and that

"temporary access structure" means an access structure within a cutblock that

(a) is a corduroyed trail, backspar trail, skid trail, or other logging trail, or

"temperature sensitive stream" means a fish stream designated as a temperature sensitive stream under the Government Actions Regulation;

(a) continued under section 180 (a) [grandparenting specified designations] of the Act, or

"ungulate winter range objective" means an objective for ungulate winter range

"visual quality objective" means a visual quality objective for a scenic area

"water quality objective" means a water quality objective for a community watershed

"wetland" means a swamp, marsh, bog, or other similar area that supports natural vegetation, that is distinct from adjacent upland areas;

(a) continued under section 180 (b) [grandparenting specified designations] of the Act, or

"wildlife habitat area objective" means an objective for a wildlife habitat area

"wildlife habitat feature" means a wildlife habitat feature identified under the Government Actions Regulation;

"wildlife tree retention area" means an area occupied by wildlife trees that is located

(c) in an area that is sufficiently close to the cutblock that the wildlife trees could directly impact on, or be directly impacted by, a forest practice carried out in the cutblock;

"written" or "in writing" includes written messages transmitted electronically.

Application and interpretation

2 (1) This regulation does not apply to a person who is authorized to carry out a forest practice that is

(a) funded under a vote as defined in section 1 [definitions] of the Financial Administration Act, and

(b) administered under the Forest Investment Account, under the Financial Administration Act.

(2) A reference to distance in respect to riparian management areas, riparian management zones and riparian reserve zones, and in Division 4 [Watersheds] of Part 4 [Practice requirements], is a reference to the slope distance.

(3) A power or duty of a minister or designated official under this regulation must be exercised in accordance with section 99 [process respecting orders and exemptions], including where reference is made to an order of a minister.

(4) A person is exempt from the requirements of Parts 4 [Practice Requirements] and 5 [Roads] to the extent necessary to conform to the requirements of the Workers Compensation Act or a regulation made under that Act.

(5) Until June 1, 2004, this regulation and the standards and objectives made under it apply immediately, despite section 16 (2) [approval of forest stewardship plan or amendment] of the Act, to a forest stewardship plan.

Damage to the environment

3 (1) For the purpose of section 46 (1) [protection of the environment] of the Act, "damage" means any of the following that fundamentally and adversely alters an ecosystem:

(2) A person who is carrying out fire control or suppression in accordance with an enactment is exempt from section 46 of the Act.

Authorization to cut

4 (1) The following enactments are prescribed enactments for the purposes of section 52 (1) (e) (ii) [unauthorized timber harvesting] of the Act:

(2) A free miner under the Mineral Tenure Act may cut, damage or destroy Crown timber before the free miner requires a permit under section 10 [permits] of the Mines Act if Crown timber is cut, damaged or destroyed only

(3) Except for minor clearing of brush and downed trees, subsection (2) does not permit cutting, damaging or destroying Crown timber beyond the minimum necessary for the safety of persons carrying out the activities.

Objectives set by government for soils

5 The objective set by government for soils is, without unduly reducing the supply of timber from British Columbia's forests, to conserve the productivity and the hydrologic function of soils.

Objectives set by government for timber

(a) maintain or enhance an economically valuable supply of commercial timber from British Columbia's forests, and

(b) enable an agreement holder, in the exercise of its timber harvesting rights granted by the government, to be vigorous, efficient and world competitive.

Objectives set by government for wildlife

7 (1) The objective set by government for wildlife is, without unduly reducing the supply of timber from British Columbia's forests, to conserve sufficient wildlife habitat in terms of amount of area, distribution of areas and attributes of those areas, for

(2) A person required to prepare a forest stewardship plan must specify a result or strategy in respect of the objective stated under subsection (1) only if the Minister of Water, Land and Air Protection, or a designated official, notifies the person of the applicable

(b) indicators of the amount, distribution and attributes of wildlife habitat described in subsection (1).

(3) If satisfied that the objective set out in subsection (1) is addressed, in whole or in part, by an objective in relation to a wildlife habitat area or an ungulate winter range, a general wildlife measure, or a wildlife habitat feature, the Minister of Water, Land and Air Protection, or a designated official, must exempt a person from the obligation to specify a result or strategy in relation to the objective set out in subsection (1) to the extent that the objective is already addressed.

(4) On or after August 1, 2004, a notice described in subsection (2) must be given at least 4 months before the forest stewardship plan is submitted for approval.

Objectives set by government for water, fish, wildlife
and biodiversity within riparian areas

8 The objective set by government for water, fish, wildlife and biodiversity within riparian areas is, without unduly reducing the supply of timber from British Columbia's forests, to conserve, at the landscape level, the water quality, fish habitat, wildlife habitat and biodiversity associated with those riparian areas.

Objectives set by government for wildlife and biodiversity

9 (1) The objective set by government for biodiversity at the landscape level is, without unduly reducing the supply of timber from British Columbia's forests, to design areas on which timber harvesting is to be carried out that resemble, both spatially and temporally, the patterns of natural disturbance that occur within the landscape.

(2) The objective set by government for wildlife and biodiversity at the stand level is, without unduly reducing the supply of timber from British Columbia's forests, to retain wildlife trees.

Objectives set by government for cultural heritage resources

10 The objective set by government for cultural heritage resources is to conserve, or, if necessary, protect cultural heritage resources that are

(a) the focus of a traditional use by an aboriginal people that is of continuing importance to that people, and

Other objectives

11 The objectives for the purpose of section 5 (1) (b) (ii) [content of forest stewardship plan] of the Act are the following:

(a) an objective for an interpretive forest site, recreation site or recreation trail;

Specifying results and strategies

12 (1) A person who prepares a forest stewardship plan under section 5 (1) (b) [content of forest stewardship plan] of the Act, may consider the factors set out in the Schedule when specifying results or strategies for established objectives.

(2) A person who prepares a forest stewardship plan must ensure that the results and strategies are consistent with the objectives set out in section 11 that are in effect 4 months before the date the plan is submitted to the minister for approval.

(3) A person who prepares a forest stewardship plan must ensure that a result or strategy for the objective set out in section 8 [objectives set by government for water, fish, wildlife and biodiversity within riparian areas] addresses retention of trees in a riparian management zone.

(4) If a land use objective conflicts with an objective described in this Division, a person who prepares a forest stewardship plan is exempt from specifying a result or strategy in relation to the objective described in this Division, to the extent that doing so would conflict with the land use objective.

When result or strategy not required

(a) comply with a requirement in Column 2, in which case the person is exempt from specifying a result or strategy for the objective set out opposite the requirement in Column 2, or

(b) propose a result or strategy for the objective set out in Column 1, in which case, if the minister approves the proposal, the person is exempt from the requirement set out opposite the objective in Column 1.


Column 1 Objective (section number)	Column 2 Requirement (section number)
5 [objectives set by government for soils]	35 [soil disturbance limits]
5 [objectives set by government for soils]	36 [permanent access structure limits]
8 [objectives set by government for water, fish, wildlife and biodiversity in riparian areas]	47 [stream riparian classes]
8 [objectives set by government for water, fish, wildlife and biodiversity in riparian areas]	48 [wetland riparian classes]
8 [objectives set by government for water, fish, wildlife and biodiversity in riparian areas]	49 [lake riparian classes]
8 [objectives set by government for water, fish, wildlife and biodiversity in riparian areas]	50 [restrictions in a riparian management area]
8 [objectives set by government for water, fish, wildlife and biodiversity in riparian areas]	51 [restrictions in a riparian reserve zone]
8 [objectives set by government for water, fish, wildlife and biodiversity in riparian areas]	52 [restrictions in a riparian management zone]
8 [objectives set by government for water, fish, wildlife and biodiversity in riparian areas]	53 [temperature sensitive streams]
9 (1) [objectives set by government for wildlife and biodiversity]	64 [maximum cutblock size]
9 (1) [objectives set by government for wildlife and biodiversity]	65 [harvesting adjacent to another cutblock]
9 (2) [objectives set by government for wildlife and biodiversity]	66 [wildlife tree retention]
9 (2) [objectives set by government for wildlife and biodiversity]	67 [restriction on harvesting]

Identifying forest development units

(b) may include a forest development unit that is in effect on the date of the submission of the forest stewardship plan to the minister, and

(2) A person who prepares a forest stewardship plan must ensure that the plan identifies, for each forest development unit, each of the following that are located within the forest development unit and are in effect 4 months before the date the plan is submitted to the minister for approval:

(d) a lakeshore management zone, including specifying the width of the zone if the zone is identified on a map accompanying the establishment of the lakeshore management zone;

(f) a lake identified as an L1 lake under section 49 (1) (b) (ii) [lake riparian classes], if the lake has been identified on a map accompanying the identification;

(i) an area where commercial timber harvesting is prohibited by another enactment.

(3) An agreement holder who prepares a forest stewardship plan must ensure that the plan identifies the areas within each forest development unit that are subject to a cutting permit or a road permit that

(b) is in effect 4 months before the submission of the forest stewardship plan to the minister.

(4) A timber sales manager who prepares a forest stewardship plan must ensure that the plan identifies the areas within each forest development unit that are subject to either of the following that is in effect 4 months before the submission of the forest stewardship plan to the minister:

(5) A person who prepares a forest stewardship plan may identify an area as a declared area if, on the date that the area is identified, both of the following apply:

(a) the area is located in a forest development unit that is in effect on the date of the submission of the plan to the minister;

(b) all of the activities and evaluations that are needed to locate the approximate boundaries of a cutblock or road, having regard to the results or strategies that relate to the area, have been completed.

Exemptions for outside areas

15 For the purpose of section 4 (1) (e) [exemption from forest stewardship plans] of the Act, a forest stewardship plan is not required for timber harvesting by an agreement holder for an area outside a forest development unit if the timber harvesting

(b) is incidental to one or more primary forest activities carried out by the holder inside a forest development unit.

Stocking standards

16 (1) A person required to prepare a forest stewardship plan must ensure that the plan specifies 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) In specifying a stocking standard under this section, a person who prepares a forest stewardship plan may consider the factors set out in section 6 [factors relating to stocking standards] of the Schedule.

(3) A person required to prepare a forest stewardship plan must ensure that the plan specifies, for each of the situations or circumstances specified under subsection (1) where

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

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

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

(4) A person required to prepare a forest stewardship plan must ensure that the plan specifies stocking standards for areas referred to in section 44 (4), and the situations or circumstances that determine when the stocking standards will be applied.

Invasive plants

17 For the purpose of section 47 [invasive plants] of the Act, a person who prepares a forest stewardship plan must specify measures in the plan to prevent the introduction or spread of species of plants prescribed in the Invasive Plants Regulation, if the introduction or spread is likely to be the result of the person's forest practices.

Natural range barriers

18 For the purpose of section 48 [natural range barriers] of the Act, a person who prepares a forest stewardship plan must specify measures to mitigate the effect of removing or rendering ineffective natural range barriers.

Cumulative effect of multiple forest stewardship plans

19 For the purpose of section 9 [proportional objectives] of the Act, the minister may establish targets referred to in that section, if, where there are likely to be multiple forest stewardship plans within an area,

(a) one or more agreement holders may be unduly constrained in the specifying of results or strategies in the holder's plan unless targets are established under section 9 of the Act,

(b) the agreement holders within the area are unable to reach an agreement that would remove the constraints referred to in paragraph (a),

(c) an agreement holder subject to a constraint referred to in paragraph (a) requests the minister to act under section 9 of the Act, and

(d) the minister is satisfied that a fair and effective order can be made under this section.

Providing notice

20 (1) Before a person submits a forest stewardship plan to the minister for approval, the person must publish a notice in a newspaper stating

(a) that the plan is publicly available for review, at the person's place of business or other specified venue,

(b) the period, beginning from the date notice under this section is first published, during which people may review and make comments in respect of the plan, as determined under subsection (2), and

(i) is dead, infested with pests or otherwise damaged, or is required to be harvested to facilitate the removal of the dead, infested or damaged timber, and

(B) a significant reduction in the economic value of the timber due to a deterioration in the quality of the timber,

(ii) the minister determines, either before publication or before the end of the period of 60 days, that a longer period is necessary to provide an adequate opportunity for review and comment under section 21 [review and comment],

(ii) the minister determines at any time, including before publication, that the shorter period will provide adequate opportunity for review and comment under section 21, or

(3) If the minister waives the review period under subsection (2) (b) and the plan is approved, the person who is the subject of the order must publish in a newspaper a notice specifying

(a) that the forest stewardship plan has been approved without having been made available for review and comment, and

Review and comment

21 (1) A person who publishes a notice under section 20 (1) [providing notice] must, during the period specified in the notice,

(a) if required by the minister, refer a copy of the forest stewardship plan, or a portion of the plan, to any agency of government,

(b) provide an opportunity to review the plan in a manner that is commensurate with the nature and extent to which a person's rights or interests may be affected by the plan, and

(2) A person given the opportunity to review or discuss the plan under subsection (1) may submit written comments in respect of the plan during the period and to the address specified in the notice under section 20 (1).

Responding to review and comment

22 (1) A person who publishes a notice under section 20 (1) [providing notice]

(a) must consider any written comments received under section 21 [review and comment] that are relevant to the plan, and

(i) areas described in section 14 (1) (b), (1) (c), (3) (a) or (4) [identifying forest development units], or

(ii) results and strategies that relate to the areas referred to in subparagraph (i).

(2) A person who submits a forest stewardship plan to the minister for approval must submit with the proposed plan

(d) a description of the efforts made to comply with the requirements of section 21 (1) (c).

Deemed approval

23 The following areas are considered to have received the minister's approval under section 7 (1) (b) [limited protection for forest development units] of the Act:

(a) if the area has been identified as a declared area, any part of a forest stewardship plan that applies to that area;

(b) an area to which section 196 (1) [protection of cutblocks and roads] of the Act applies.

Requiring additional information

24 (1) If, in specifying a result or strategy for an objective, a person satisfies the minister that the person addressed all of the factors contained in the Schedule to which the result or strategy relates, the minister must not require the person to address other factors.

(2) The minister may request information under section 16 (2.1) [approval of forest stewardship plan or amendment] of the Act in respect of a result or strategy if the information is

(b) relevant to any factor that the person addressed that is not a factor listed in the Schedule, and

Minister's consideration of results and strategies

25 The minister must not find that a result or strategy is inconsistent with an established objective solely on the basis that the result or strategy

(a) will produce a condition that is outside of the range of natural variation that is characteristic of a season, an area or a forest resource,

(b) causes or contributes to an adverse impact on a forest resource, if that impact is consistent with the established objective to which the result or strategy relates,

Minister's consideration of stocking standards

26 (1) If, in specifying stocking standards under section 16 [stocking standards], a person satisfies the minister that the person took into consideration only those factors contained in section 6 [factors relating to stocking standards] of the Schedule, the minister must not require the person to consider other factors.

(2) The minister may request information under section 16 (2.1) [approval of forest stewardship plan or amendment] of the Act in respect of stocking standards if the information is

(a) relevant to the factors in section 6 of the Schedule that were applied, if any,

(b) relevant to any factor that the person took into consideration that is not a factor listed in section 6 of the Schedule, and

(3) The minister must approve the regeneration date, free growing height and stocking standards referred to in section 16 (3) if the minister is satisfied that

(a) the regeneration date and the standards will result in the area being stocked with ecologically suitable species that address immediate and long-term forest health issues on the area, to a density or to a basal area that, in either case,

(i) is consistent with section 6 (a) [objectives set by government for timber], and

(ii) unless an exemption under section 91 (3) [minister may grant exemptions] applies, is consistent with the timber supply analysis and forest management assumptions that apply to the area covered by the plan on the date that the plan is submitted for approval, and

(b) the free growing height is of sufficient height to demonstrate that the tree is adapted to the site, and is growing well and can reasonably be expected to continue to do so.

(4) The minister must approve the stocking standards referred to in section 16 (4) [when result or strategy not required] if the minister is satisfied that the standards will result in the area being stocked with ecologically suitable species that address immediate and long-term forest health issues on the area, to a density or to a basal area that, in either case,

(b) unless an exemption under section 91 (3) applies, is consistent with the timber supply analysis and forest management assumptions that apply to the area covered by the plan on the date that the plan is submitted for approval.

Balancing objectives

27 On request of a person who submits a forest stewardship plan for approval, the minister may balance established objectives, results, strategies or other plan content when making a determination under section 16 [approval of forest stewardship plan or amendment] of the Act.

Extending term

28 For the purpose of section 6 (2) [term of forest stewardship plan] of the Act, the minister may extend the term of a forest stewardship plan if

(b) the minister is satisfied that the forest development units and the results and strategies in the plan

Minor amendments that require approval

29 For the purpose of section 20 (1) [minor amendments] of the Act, an amendment to a forest stewardship plan requires the approval of the minister if the amendment is in respect to one or more of the following:

(d) a result or strategy in respect of which a remediation order under section 74 [remediation orders] of the Act is outstanding;

(e) a change to the regeneration date, free growing date, free growing height or stocking standards that apply to an area in a manner that would be a significant departure from that originally approved in the plan;

Minor amendments that do not require approval

30 (1) For the purpose of section 20 (1) (b) [minor amendments] of the Act, a proposed amendment to a forest stewardship plan to identify a declared area does not require approval of the minister.

(2) An amendment under section 20 (1) of the Act that does not require the approval of the minister takes effect when it is signed by the holder of the forest stewardship plan to which the amendment relates.

Minor amendment wrongly made

31 (1) Under section 20 (3) [minor amendments] of the Act, if the minister determines that a decision made by an agreement holder under section 20 (1) of the Act was wrongly made, the minister may

(b) if the minister considers it appropriate, require the holder to suspend operations that are not authorized in the absence of the amendment.

(2) An agreement holder referred to in subsection (1) will not be found to have contravened the Act or this regulation by carrying out, before the minister makes a determination under subsection (1), operations that are not authorized in the absence of the amendment if

that the amendment would have been approved under section 16 (1) [approval of forest stewardship plan or amendment] of the Act, had the amendment been properly submitted for approval.

Mandatory amendments

32 (1) The minister may exempt a holder of a forest stewardship plan from a requirement of Division 3 [public review and comment], in respect to an amendment made under section 8 (1) [mandatory amendments] of the Act, if the minister is satisfied that

(a) compliance with the requirement would be unduly onerous, having regard to the nature and extent of the amendment required under section 8 (1) of the Act, and

(2) An agreement holder is exempt from the requirements of section 8 of the Act in respect to a declared area.

Exemption from site plans

33 (1) For the purpose of section 10 (1) (a) [site plans for cutblocks and roads] of the Act, a holder of a forest stewardship plan is not required to prepare a site plan for a cutblock if timber harvesting is

(b) to facilitate the collection of seed, leaving an opening not greater than 1 ha, or

(2) For the purpose of section 10 (1) (b) of the Act, a holder of a forest stewardship plan is not required to prepare a site plan for a road if timber harvesting associated with the road is limited to removal of timber to improve safety for road users by

(3) A holder of a forest stewardship plan is exempt from the requirement to prepare a site plan under section 10 of the Act if the cutblock or road is within an area designated by regulation made under section 27 [forest health emergency] of the Act as a forest health emergency management area.

Content of site plans

34 (1) A person who prepares a site plan for an area referred to in section 29 (1) or (2) [free growing stands] of the Act must ensure that the plan identifies

(b) the stocking standards and soil disturbance limits that apply to those standards units.

(a) has met the requirements in respect of the area to which the plan relates, or

(b) has been relieved under section 108 [government may fund extra expense or waive obligations] of the Act of the requirements in respect of the area to which the plan relates.

Soil disturbance limits

"roadside work area" means the area adjacent to a road where one or both of the following are carried out:

"sensitive soils" means soils that, because of their slope gradient, texture class, moisture regime, or organic matter content have the following risk of displacement, surface erosion or compaction:

(2) This section does not apply to a person who is exempt from the requirements of this section under section 13 (b) [when result or strategy not required].

(3) An agreement holder other than a holder of a minor tenure who is carrying out timber harvesting must not cause the amount of soil disturbance on the net area to be reforested to exceed the following limits:

(a) if the standards unit is predominantly comprised of sensitive soils, 5% of the area covered by the standards unit, excluding any area covered by a roadside work area;

(b) if the standards unit not is not predominantly comprised of sensitive soils, 10% of the area covered by the standards unit, excluding any area covered by a roadside work area;

(4) An agreement holder may cause soil disturbance that exceeds the limits specified in subsection (3) if the holder

(a) is removing infected stumps or salvaging windthrow and the additional disturbance is the minimum necessary, or

(b) is constructing a temporary access structure and both of the following apply:

(i) the limit set out in subsection (3) (a) or (b), as applicable, is not exceeded by more than 5% of the area covered by the standards unit, excluding the area covered by a roadside work area;

(ii) before the regeneration date, a sufficient amount of the area within the standards unit is rehabilitated such that the agreement holder is in compliance with the limits set out in subsection (3).

(5) The minister may require an agreement holder to rehabilitate an area of compacted soil if all of the following apply:

(i) materially improve the productivity and the hydrologic function of the soil within the area, and

(ii) not create an unacceptable risk of further damage or harm to, or impairment of, forest resource values.

(6) An agreement holder who rehabilitates an area under subsection (4) or (5) must

(a) remove or redistribute woody materials that are exposed on the surface of the area and are concentrating subsurface moisture, to the extent necessary to limit the concentration of subsurface moisture on the area,

(7) If an agreement holder rehabilitates an area under subsection (4) or (5) and erosion of exposed soil from the area would cause sediment to enter a stream, wetland or lake, or a material adverse effect on another forest resource, the agreement holder must, unless placing debris or revegetation would not materially reduce the likelihood of erosion,

Permanent access structure limits

36 (1) Unless exempted from the requirements of this section under section 13 (b) [when result or strategy not required], an agreement holder must ensure that the area within a cutblock that is occupied by permanent access structures does not exceed 7% of the cutblock, unless

(b) additional permanent access structures are necessary to provide access beyond the cutblock.

(2) If an agreement holder exceeds the limit for permanent access structures described in subsection (1) for either of the reasons set out in that subsection, the holder must ensure that the limit is exceeded as little as practicable.

Landslides

37 An authorized person who carries out a primary forest activity must ensure that the primary forest activity does not cause a landslide that has a material adverse effect on a matter referred to in section 149 (1) [objectives set by government] of the Act.

Gully processes

38 An authorized person who carries out a primary forest activity on the Coast must ensure that the primary forest activity does not cause a gully process that has a material adverse effect on a matter referred to in section 149 (1) [objectives set by government] of the Act.

Natural surface drainage patterns

39 (1) If an agreement holder constructs a temporary access structure or a permanent access structure on an area, the holder must maintain natural surface drainage patterns on the area both during and after construction.

(2) Despite subsection (1), if it is not practicable for an agreement holder to maintain natural surface drainage patterns during the construction of a temporary access structure or permanent access structure, the holder must ensure the altered surface drainage pattern is compatible with the original natural surface drainage pattern by the earlier of

Revegetation

40 An authorized person who constructs or deactivates a road must ensure that soil exposed by the construction or deactivation is revegetated within two years after the construction or deactivation is completed if it is reasonably foreseeable that

(ii) a material adverse effect on a matter referred to in section 149 (1) [objectives set by government] of the Act, and

Modification of insect behaviour

41 Unless exempted under section 91 (1) [minister may grant exemptions], an agreement holder or a timber sales manager who uses trap trees or pheromones to concentrate insect populations must ensure that the insect brood is destroyed before the insects emerge.

Use of livestock

42 Unless exempted under section 91 (1) [minister may grant exemptions], if a person who is required to establish a free growing stand uses livestock for site preparation or brush control, the person must ensure that all necessary measures are taken to

(a) control the location and movement of the livestock to minimize conflict with wildlife that could prey on the livestock,

Use of seed

43 (1) In this section, "transfer" means the process by which seed is selected and used, based on the origin of the seed and its genetic suitability for the site on which trees grown from the seed are to be planted.

(2) The chief forester may make standards for matters referred to in section 169 (1) (a) (i) to (v) [chief forester standards for forest practices] of the Act if the chief forester considers such standards to be necessary or appropriate for the purpose of regulating the use, registration, storage, selection or transfer of seed to be used in the establishment of free growing stands.

(3) The chief forester may authorize a person to exercise a discretion of the chief forester described in subsection (5), (6) or (7).

(4) Unless an alternative is approved under subsection (6), a person who plants trees while establishing a free growing stand must use only seed registered, stored, selected and transferred in accordance with the standards, if any, established by the chief forester.

(5) A person referred to in subsection (4) may submit to the chief forester for approval an alternative to any standard established by the chief forester under subsection (2).

(6) The chief forester may approve an alternative submitted under subsection (5) if the chief forester considers that the alternative is consistent with achieving the intent of the standard.

(7) If the chief forester approves an alternative submitted under subsection (5), the person who submitted the alternative

(a) is exempt from the requirement of subsection (4) for which the alternative has been approved, and

(8) A person who is required to establish a free growing stand must keep a record of the registration numbers of the seed that is used, if any, and a map of the location where the trees grown from the seed are planted.

Free growing stands generally

44 (1) Unless exempted under section 91 (2) [minister may grant exemptions], a person who has an obligation to establish a free growing stand must establish, for areas that have been identified under section 16 (1) [stocking standards] as areas to which this section will apply, a stand that

(a) meets the applicable stocking standards set out in the forest stewardship plan for the area, by the applicable regeneration date specified for the area, and

(b) meets the applicable stocking standards and free growing height set out in the forest stewardship plan for the area by a date that is no more than 20 years from the commencement date, unless the minister permits a later date.

(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 for an area with similar attributes, as if the area on which the contravention occurred had been identified under section 16 (1) as being subject to this section.

(3) A person is exempt from the requirements of section 29 (1) and (2) [free growing stands] of the Act in respect of an area if timber harvesting is restricted to one or more of the following:

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

(d) 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;

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

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

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

(4) A person who harvests timber for the reasons referred to in subsection (3) (h) and (i) must ensure that, for a period of 12 months after completion of harvest, the area on which timber harvesting was carried out conforms to the stocking standards specified in section 16 (4) for the area.

Free growing stands collectively across cutblocks

45 (1) If a person specifies in a forest stewardship plan under section 16 (1) [stocking standards] that the requirement to be met by the regeneration date relates to a group of cutblocks, the person must establish stands on the net areas to be reforested that conform to the applicable stocking standards by the applicable regeneration date, as identified under section 16 (3) (c).

(2) If a person specifies in a forest stewardship plan, under section 16 (1), that the requirement to be met by the free growing date relates to a group of cutblocks, the person must establish stands on the net areas to be reforested that conform to the applicable stocking standards by the applicable free growing date as identified under section 16 (3) (d).

Free growing stand — forestry licence to cut

46 (1) If a cutblock is harvested under a forestry licence to cut that is not a major licence or a minor tenure, the government must carry out silviculture treatments that would establish a free growing stand within the net area to be reforested that

(a) conforms to the applicable stocking standards by the applicable regeneration date, and

(b) conforms to the applicable stocking standards and free growing height, by the applicable free growing date.

(2) Unless otherwise specified by the minister, the applicable stocking standards and applicable regeneration and free growing dates referred to in subsection (1) are those specified for that silviculture system and that biogeoclimatic ecosystem classification in the Ministry of Forests' publication, Reference Guide for Forest Development Plan Stocking Standards, as amended from time to time.

Stream riparian classes

47 (1) In this section, "active flood plain" means the level area with alluvial soils, adjacent to streams, that is flooded by stream water on a periodic basis and is at the same elevation as areas showing evidence of

(b) rafted debris or fluvial sediments, recently deposited on the surface of the forest floor or suspended on trees or vegetation, or

(2) A stream that is a fish stream or is located in a community watershed has the following riparian class:

(a) S1A, if the stream averages, over a one km length, either a stream width or an active flood plain width of 100 m or greater;

(b) S1B, if the stream width is greater than 20 m but the stream does not have a riparian class of S1A;

(3) A stream that is not a fish stream and is located outside of a community watershed has the following riparian class:

(4) Unless an alternative is approved under section 13 (b) [when result or strategy not required], or subsections (5) or (6) apply, for each riparian class of stream, the minimum riparian management area width, riparian reserve zone width and riparian management zone width, on each side of the stream, are as follows:


Riparian Class	Riparian Management Area (metres)	Riparian Reserve Zone (metres)	Riparian Management Zone (metres)
S1-A	100	0	100
S1-B	70	50	20
S2	50	30	20
S3	40	20	20
S4	30	0	30
S5	30	0	30
S6	20	0	20

(5) Unless an alternative under section 13 (b) applies, if the width of the active flood plain of a stream exceeds the specified width for the riparian management zone, then the width of the riparian management zone is the width of the active flood plain.

(6) Unless an exemption from the requirements of this section has been given under section 13 (b), the minister may specify a riparian reserve zone for a stream with a riparian class of S1-A if the minister considers that a riparian reserve zone is required.

(7) The riparian reserve zone for a stream begins at the edge of the stream channel bank and extends to the width described in subsection (4) or (6).

Wetland riparian classes

(b) W2, if the wetland is not less than 1 ha and not more than 5 ha in size and is in one of the following biogeoclimatic zones or subzones:

(v) Coastal Western Hemlock, very dry maritime, dry maritime or dry submaritime;

(c) W3, if the wetland is not less than 1 ha and not more than 5 ha in size and is in a biogeoclimatic zone or subzone other than one referred to in paragraph (b);

(i) not less than 0.25 ha and less than 1 ha in size and is in a biogeoclimatic zone or subzone referred to in paragraph (b) (i), (ii) or (iii), or

(ii) not less than 0.5 ha and less than 1 ha in size and is in a biogeoclimatic zone or subzone referred to in paragraph (b) (iv) or (v).

(2) Despite subsection (1), an area is to be treated as a single wetland with a riparian class of W5 if

(ii) a W1 wetland and one or more non-W1 wetlands, all of which are within 80 m of each other, or

(b) the combined size of the wetlands, excluding the upland areas, is 5 ha or larger.

(3) Unless an alternative is approved under section 13 (b) [when result or strategy not required] or subsections (5) or (6) apply, for each riparian class of wetland, the minimum riparian management area width, riparian reserve zone width and riparian management zone width for the wetland are as follows:

Riparian Class	Riparian Management Area (metres)	Riparian Reserve Zone (metres)	Riparian Management Zone (metres)
W1	50	10	40
W2	30	10	20
W3	30	0	30
W4	30	0	30
W5	50	10	40

(4) Unless an alternative under section 13 (b) applies, no riparian reserve zone or riparian management zone extends onto any enclosed upland areas in a W1 wetland if the wetland is

(5) Unless an exemption from the requirements of this section has been given under section 13 (b), if the minister considers it necessary for a riparian reserve zone or riparian management zone to extend onto an enclosed upland area, the minister may require either or both of the following:

(6) The riparian reserve zone for a wetland begins at the edge of the wetland and extends to the width described in subsection (3) or (5).

Lake riparian classes

(c) L2, if the lake is not less than 1 ha and not more than 5 ha in size and is located in a biogeoclimatic zones or subzone that is

(v) Coastal Western Hemlock, very dry maritime, dry maritime or dry submaritime;

(d) L3, if the lake is not less than 1 ha and not more than 5 ha in size and is in a biogeoclimatic zone or subzone other than one referred to in paragraph (c);

(i) not less than 0.25 ha and not more than 1 ha in size and is in a biogeoclimatic zone or subzone referred to in paragraph (c) (i), (ii) or (iii), or

(ii) not less than 0.5 ha and not more than 1 ha in size and is in a biogeoclimatic zone or subzone referred to in paragraph (c) (iv) or (v).

(2) Unless an alternative is approved under section 13 (b) [when result or strategy not required], for each riparian class of lake, the minimum riparian management area width, riparian reserve zone width and riparian management zone width are as follows:

Riparian Class	Riparian Management Area (metres)	Riparian Reserve Zone (metres)	Riparian Management Zone (metres)
L1-A	0	0	0
L1-B	10	10	0
L2	30	10	20
L3	30	0	30
L4	30	0	30

(3) Unless an exemption from the requirements of this section has been given under section 13 (b), if the minister considers it necessary, the minister may specify a riparian management area and a riparian reserve zone for a lake with a riparian class of L1-A.

(4) The riparian reserve zone for a lake begins at the edge of the lake and extends to the width described in subsection (2) or (3).

Restrictions in a riparian management area

50 (1) Unless exempted under section 13 (b) [when result or strategy not required], a person must not construct a road in a riparian management area, unless one of the following applies:

(a) locating the road outside the riparian management area would create a higher risk of sediment delivery to the stream, wetland or lake to which the riparian management area applies;

(2) Unless exempted under section 91 (1) [minister may grant exemptions], if a road is constructed within a riparian management area, a person must not carry out road maintenance activities beyond the clearing width of the road, except as necessary to maintain a stream crossing.

(3) Unless exempted under section 91 (1), a person who is authorized in respect of a road must not remove gravel or other fill from within a riparian management area in the process of constructing, maintaining or deactivating a road, unless

Restrictions in a riparian reserve zone

51 (1) Unless exempted under section 13 (b) [when result or strategy not required] or 91 (1) [minister may grant exemptions], an agreement holder must not cut, modify or remove trees in a riparian reserve zone, except for the following purposes:

(a) felling or modifying a tree that is a safety hazard, if there is no other practicable option for addressing the safety hazard;

(g) felling or modifying a tree that has been windthrown or has been damaged by fire, insects, disease or other causes, if the felling or modifying will not have a material adverse impact on the riparian reserve zone;

(h) felling or modifying a tree under an occupant licence to cut, master licence to cut or free use permit issued in respect of an area that is subject to a licence, permit, or other form of tenure issued under the Land Act, Coal Act, Geothermal Resources Act, Mines Act, Mineral Tenure Act, Mining Right of Way Act, Petroleum and Natural Gas Act or Pipeline Act, if the felling or modification is for a purpose expressly authorized under that licence, permit or tenure;

(i) felling or modifying a tree for the purpose of establishing or maintaining an interpretative forest site, recreation site, recreation facility or recreation trail.

(2) An agreement holder who fells, tops, prunes or modifies a tree under subsection (1) may remove the tree only if the removal will not have a material adverse effect on the riparian reserve zone.

(3) Unless exempted under section 13 (b), an agreement holder must not carry out the following silviculture treatments in a riparian reserve zone:

(b) mechanized site preparation or broadcast burning for the purpose of site preparation;

Restrictions in a riparian management zone

52 (1) A holder of a minor tenure who fells trees in a cutblock within a riparian management zone of a class described in Column 1 must ensure that

(a) the percentage of the total basal area within the riparian management zone specified in Column 2 is left as standing trees, and

(b) the standing trees are reasonably representative of the physical structure of the riparian management zone, as it was before harvesting:

Column 1 Riparian Class	Column 2 Basal Area to be Retained Within Riparian Management Zone (%)
S1-A or S1-B stream	>20
S2 stream	>20
S3 stream	>20
S4 stream	>10
S5 stream	>10
S6 stream	Not applicable
All classes of wetlands or lakes	>10

(2) Unless exempted under section 13 (b) [when result or strategy not required], an agreement holder who cuts, modifies or removes trees within a riparian management zone for an S4, S5 or S6 stream that has trees that contribute significantly to the maintenance of stream bank or channel stability must retain enough trees adjacent to the stream to maintain the stream bank or channel stability, if the stream is a direct tributary to

(b) the ocean, at a point near to or where one or more of the following is located:

Temperature sensitive streams

53 Unless exempted under section 13 (b) [when result or strategy not required], an agreement holder who fells, modifies or removes trees within a riparian management area adjacent to a temperature sensitive stream, or a stream that is a direct tributary to a temperature sensitive stream, must retain either or both of the following in an amount sufficient to prevent the temperature of the temperature sensitive stream from increasing to an extent that would have a material adverse impact on fish:

Fan destabilization

54 An authorized person who carries out a primary forest activity on the Coast must ensure that the primary forest activity does not cause fan destabilization that has a material adverse effect on a matter referred to in section 149 (1) [objectives set by government] of the Act.

Stream crossings

55 (1) Unless exempted under section 91 (1) [minister may grant exemptions], an agreement holder who builds a stream crossing as part of a temporary access structure or permanent access structure must locate, build and use the crossing in a manner that

(a) protects the stream channel and stream bank immediately above and below the stream crossing, and

(b) mitigates disturbance to the stream channel and stream bank at the crossing.

(2) Unless exempted under section 91 (1), an agreement holder who builds a stream crossing as part of a temporary access structure must remove the crossing when it is no longer required by the holder.

Fish passage

56 (1) Unless exempted under section 91 (1) [minister may grant exemptions], an authorized person who carries out a primary forest activity must ensure that the primary forest activity does not have a material adverse effect on fish passage in a fish stream.

(2) Unless exempted under section 91 (1), an authorized person who maintains a fish stream crossing built after June 15, 1995, must ensure that the crossing does not have a material adverse effect on fish passage.

(3) Despite subsections (1) and (2), an authorized person may temporarily have a material adverse effect on fish passage to construct, maintain or deactivate a road, including a stream crossing, if

(b) the source of the material adverse effect is removed immediately on completion of the construction, maintenance or deactivation.

Protection of fish and fish habitat

57 Unless exempted under section 91 (1) [minister may grant exemptions], an authorized person who carries out a primary forest activity must conduct the primary forest activity at a time and in a manner that is unlikely to harm fish or destroy, damage or harmfully alter fish habitat.

Use of livestock in riparian areas

58 Unless exempted under section 91 (1) [minister may grant exemptions], an agreement holder who uses livestock for site preparation or brush control for the purpose of carrying out a silviculture treatment must not do either of the following:

(ii) on an area that drains directly into a fish stream or a fish-bearing wetland or lake, or

(iii) on an area within a community watershed that drains directly into a potable water source;

(b) use the livestock within a riparian management area that is located within a community watershed.

Protecting water quality

59 Unless exempted under section 91 (1) [minister may grant exemptions], an authorized person who carries out a primary forest activity must ensure that the primary forest activity does not cause material that is harmful to human health to be deposited in, or transported to, water that is diverted for human consumption by a licensed waterworks.

Licensed waterworks

60 (1) Unless exempted under section 91 (1) [minister may grant exemptions], an authorized person who carries out a primary forest activity must ensure that the primary forest activity does not damage a licensed waterworks.

(2) An agreement holder must not harvest timber or construct a road within a community watershed if the timber harvesting or road construction is within a 100 m radius upslope of a licensed waterworks where the water is diverted for human consumption, unless the timber harvesting or road construction will not increase sediment delivery to the intake.

Excavated or bladed trails

61 Unless exempted under section 91 (1) [minister may grant exemptions], an agreement holder who carries out timber harvesting must not construct an excavated or bladed trail on an area that is within a community watershed, if the construction would cause sediment that would be harmful to human health to enter a stream, wetland or lake from which water is being diverted for human consumption by a licensed waterworks.

Roads in a community watershed

62 (1) To prevent interference with the subsurface flow path of a drainage area that contributes to a spring that is a source of water for a licensed waterworks, the minister may

(b) specify a distance from the spring within which a person who constructs a road must not locate the road, and

(c) permit a person who constructs a road to locate the road closer to the spring than the distance specified under paragraph (b).

(2) If the minister does not specify a distance under subsection (1) (b), subject to an exemption granted under section 91 (1) [minister may grant exemptions], a person who constructs a road must not locate the road closer than a 100 m radius upslope of the spring identified under subsection (1) (a), unless the construction does not interfere with the subsurface flow path of a drainage area that contributes to the spring.

Use of fertilizers

63 (1) Unless exempted under section 91 (1) [minister may grant exemptions], an agreement holder who applies fertilizer within a community watershed for the purpose of carrying out a silviculture treatment must not apply fertilizer

(b) within 10 m of a perennial stream that is observable from an aircraft used to apply the fertilizer,

(c) if measured immediately below the area where the fertilizer is applied, nitrate nitrogen levels in the stream exceeding 10 parts per million, or

(2) Subsection (1) does not apply if the use of fertilizer is restricted to spot applications.

Maximum cutblock size

64 (1) Unless exempted under section 13 (b) [when result or strategy not required], if an agreement holder other than a holder of a minor tenure harvests timber in a cutblock, the holder must ensure that the size of the net area to be reforested for the cutblock does not exceed

(a) 40 hectares, for the areas described in the Forest Regions and Districts Regulation that are listed in Column 1, and

(b) 60 hectares, for the areas described in the Forest Regions and Districts Regulation that are listed in Column 2:

Column 1 40 hectares	Column 2 60 hectares
Coast Forest Region	Northern Interior Forest Region
Southern Interior Forest Region — Arrow Boundary Forest District; Cascades Forest District; Columbia Forest District; Headwaters Forest District, except the portion of the forest district that is in the Robson Valley Timber Supply Area; Kamloops Forest District; Kootenay Lake Forest District; Okanagan Shuswap Forest District; Rocky Mountain Forest District	Southern Interior Forest Region - 100 Mile House Forest District; Central Cariboo Forest District; Chilcotin Forest District; The portion of the Headwaters Forest District that is in the Robson Valley Timber Supply Area; Quesnel Forest District

(A) to recover timber damaged by fire, insect infestation, wind or other similar events, or

(ii) is designed to be consistent with the structural characteristics and the temporal and spatial distribution of an opening that would result from a natural disturbance, and

(b) the holder ensures, to the extent practicable, that the structural characteristics of the cutblock after timber harvesting has been substantially completed resemble an opening that would result from a natural disturbance.

(3) Subsection (1) does not apply if the timber harvesting that is being carried out on the cutblock retains 40% or more of basal area of the stand that was on the cutblock before timber harvesting.

(4) Subsection (1) does not apply if no point within the net area to be reforested is

(ii) a group of trees reserved from harvesting that is greater than or equal to 0.25 ha in size, or

(b) more than one tree length from a group of trees reserved from timber harvesting that is less than 0.25 ha in size.

Harvesting adjacent to another cutblock

"adjacent" means an area that is sufficiently close to a cutblock that, due to its location, could directly impact on, or be impacted by, a forest practice carried out within the cutblock;

"existing cutblock" means a cutblock that was previously harvested under an agreement other than a minor tenure;

"new cutblock" means a cutblock on which harvesting has not yet started and that is adjacent to an existing cutblock;

"non-conforming portion" means an area within an existing cutblock on which the stocking and height requirements of subsection (3) have not been met.

(2) Unless exempted under section 13 (b) [when result or strategy not required], an agreement holder other than a holder of a minor tenure must not harvest timber on a new cutblock, unless

(a) all existing cutblocks that are adjacent to the new cutblock meet the requirements set out in subsection (3), or

(b) the combined area of the new cutblock and any non-conforming portions that are immediately adjacent to the new cutblock does not exceed the requirements relating to cutblock size set out in section 64 (1) [maximum cutblock size].

(3) For the purpose of subsection (2) (a), an existing cutblock must meet the criteria set out in one of the following paragraphs:

(a) at least 75% of the net area to be reforested of the existing cutblock is stocked such that the average height of the tallest 10% of the trees on the area is a minimum of 3 m and

(i) is stocked in accordance with the applicable stocking standards, as described under section 16 [stocking standards],

(ii) if the area is on the Coast, other than the Nass timber supply area, is stocked with at least 500 trees/ha of a commercially valuable species that are at least 1.3 m in height, or

(iii) if the area is in the Interior or in the Nass timber supply area, is stocked with at least 700 trees/ha of a commercially valuable species that are at least 1.3 m in height;

(b) the part of the net area to be reforested of the existing cutblock that is closest to the new cutblock

(ii) is stocked such that the average height of the tallest 10% of the trees on the area is a minimum of 3 m, and

(A) in accordance with the applicable stocking standards for that cutblock, as described under section 16,

(B) if the area is on the Coast, other than the Nass timber supply area, with at least 500 trees/ha of a commercially valuable species that are at least 1.3 m in height, or

(C) if the area is in the Interior or in the Nass timber supply area, with at least 700 trees/ha of a commercially valuable species that are at least 1.3 m in height.

(4) Subsection (2) does not apply if section 64 (2), (3) or (4) apply to the new cutblock.

Wildlife tree retention

66 (1) Unless exempted under section 13 (b) [when result or strategy not required], if an agreement holder completes harvesting in one or more cutblocks during the period extending from April 1 to March 31, the holder must ensure that, at the end of the period, the total amount of area covered by wildlife tree retention areas that relate to the cutblocks is a minimum of

(a) 7% of the total area of the cutblocks, if there is one or more old growth management areas in the landscape unit in which the cutblocks are located, or

(b) 10% of the total area of the cutblocks, if there is no old growth management area in the landscape unit in which the cutblocks are located.

(2) Unless exempted under section 13 (b), an agreement holder who harvests timber within a cutblock must ensure that, at the completion of harvesting, the total amount of wildlife tree retention areas that relates to the cutblock is a minimum of

(a) 3.5% of the cutblock, if there is one or more old growth management areas in the landscape unit in which the cutblock is located, or

(b) 5% of the cutblock, if there is no old growth management area in the landscape unit in which the cutblock is located.

Restriction on harvesting

67 Unless exempted under section 13 (b) [when result or strategy not required] or 91 (4) [minister may grant exemptions], an agreement holder must not harvest timber from a wildlife tree retention area unless the trees on the net area to be reforested of the cutblock to which the wildlife tree retention area relates have developed attributes that are consistent with a mature seral condition.

Coarse woody debris

68 (1) Unless exempted under section 91 (1) [minister may grant exemptions], an agreement holder who carries out timber harvesting must retain at least the following logs on a cutblock:

(a) if the area is on the Coast, a minimum of 4 logs per hectare, each being a minimum of 5 m in length and 30 cm in diameter at one end;

(b) if the area is in the Interior, a minimum of 4 logs per hectare, each being a minimum of 2 m in length and 7.5 cm in diameter at one end.

(a) the holder's agreement or an enactment requires the holder to act in a manner contrary to that set out in subsection (1), or

(b) the holder carries out a controlled burn on the cutblock that is authorized under an enactment.

General wildlife measures

69 Unless exempted under section 92 (1) [Water, Land and Air Protection may grant exemptions], an authorized person who carries out primary forest activities on an area must comply with each general wildlife measure that applies to the area.

Resource features and wildlife habitat features

70 (1) Unless exempted under section 91 (5) [minister may grant exemptions], an authorized person who carries out a primary forest activity must ensure that the primary forest activity does not damage or render ineffective a resource feature.

(2) Unless exempted under section 92 (2) [Water, Land and Air Protection may grant exemptions], an authorized person who carries out a primary forest activity must ensure that the primary forest activity does not damage or render ineffective a wildlife habitat feature.

Application of sections in this Part

71 Sections 72 to 78 and sections 82 to 84 apply only to persons authorized in respect of a road.

Roads and associated structures

72 Unless exempted under section 91 (1) [minister may grant exemptions], a person who constructs or maintains a road must ensure that the road and the bridges, culverts, fords and other structures associated with the road are structurally sound and safe for use by industrial users.

Design of bridges

73 Unless exempted under section 91 (1) [minister may grant exemptions], a person who builds a bridge for the purpose of constructing or maintaining a road must ensure that the design and fabrication of the bridge

(a) meets or exceeds standards applicable to roads at the time the design or fabrication is done, in respect of

(i) bridge design, as established by the Canadian Standards Association, Canadian Highway Bridge Design Code, CAN/CSA-S6, and

(ii) soil properties, as they apply to bridge piers and abutments, as established by the Canadian Foundation of Engineering Manual, and

(b) takes into account the effect of logging trucks with unbalanced loads and off-centre driving.

Peak flow

74 (1) A person who builds a bridge across a stream or installs a culvert in a stream for the purpose of constructing or maintaining a road must ensure that the bridge or culvert is designed to pass the highest peak flow of the stream that can reasonably be expected within the return periods specified below for the length of time it is anticipated the bridge or culvert will remain on the site:

Anticipated period the bridge or culvert will remain on the site	Peak flow return period
For a bridge or culvert that will remain on site for up to 3 years	10 years
For a bridge that will remain on site from 3 to 15 years	50 years
For a bridge that will remain on site for over 15 years	100 years
For a culvert that will remain on site for over 3 years	100 years
For a bridge or culvert within a community watershed that will remain on site for over 3 years	100 years

(2) A person may build a bridge that will not conform to the requirements of subsection (1) if

(a) the bridge will pass the flow that will occur during the period the bridge remains on the site,

(c) the bridge, or a component of the bridge that is vulnerable to damage by high flow, is removed before any period of high flow begins.

(3) A person may install a culvert that will not conform to the requirements of subsection (1) if

(a) the installation is temporary and the person does not expect to subsequently install a replacement culvert at that location,

Structural defects

75 Unless exempted under section 91 (1) [minister may grant exemptions], a person who builds a bridge for the purpose of constructing or maintaining a road must do one or more of the following if a structural defect or deficiency occurs:

(ii) downstream property, improvements or forest resources that could be affected if the bridge fails;

(d) place a sign, on each bridge approach, stating the maximum load capacity of the bridge.

Culvert fabrication

76 Unless exempted under section 91 (1) [minister may grant exemptions], a person who builds a culvert for the purpose of constructing or maintaining a road must fabricate all permanent culvert materials according to

(a) culvert fabrication standards, as established by the Canadian Standards Association, Corrugated Steel Pipe Products, CSA G401 and Plastic Nonpressure Pipe Compendium, section B182.8 of the B1800 Series, that are applicable to roads at the time of the fabrication, or

(b) standards that ensure at least the same strength and durability as the standards referred to in paragraph (a).

Retaining information

77 (1) A person who builds a bridge or major culvert for the purpose of constructing or maintaining a road must do all of the following:

(ii) for new materials used to build the bridge or major culvert, mill test certificates, in-plant steel fabrication drawings, and concrete test results,

(2) Subject to subsection (3), a person responsible for maintaining a road must retain a copy of inspection records for a bridge or major culvert associated with the road for at least one year after the bridge or major culvert is removed from the site.

(3) Unless the road has been deactivated, a person must submit to the district manager or the timber sales manager, as applicable, the documents, drawings and records described in subsections (1) and (2) in respect of a road if the person is no longer required to maintain the road because the district manager or timber sales manager

(a) cancelled the road permit, road use permit or special use permit for the road, and

Clearing widths

78 Unless exempted under section 91 (1) [minister may grant exemptions], a person who constructs or maintains a road must ensure clearing widths are of the minimum width necessary to accommodate the road, having regard to all of the following:

(iii) the amount of area required to operate equipment within the clearing width, including equipment turnaround sites,

Road maintenance

79 (1) A person may maintain a road only if authorized or required to do so under the Act or this regulation.

(2) Unless exempted under section 91 (1) [minister may grant exemptions], a person who is authorized in respect of a road must maintain the road, including bridges, culverts, fords and other structures associated with the road, until

(b) the district manager notifies the person that the road should not be deactivated due to use or potential use of the road by others,

(3) Subject to subsection (4), the government must maintain a forest service road, including bridges, culverts, fords and other structures associated with the road, until the road is deactivated.

(4) The district manager may order the holder of a road use permit that authorizes the use of a forest service road to assume all or part of the responsibility to maintain the road, including bridges, culverts, fords and other structures associated with the road.

(5) A holder of a road use permit who is the subject of an order referred to in subsection (4) must, in maintaining the road, comply with the provisions of this regulation respecting the maintenance of a road, including those provisions that refer to carrying out a primary forest activity.

(a) the structural integrity of the road prism and clearing width are protected;

(7) A holder of a road use permit required to maintain a forest service road under subsection (4), on giving the district manager at least 30 days notice, may do one or more of the following in respect of the forest service road:

(8) Within 30 days of receiving a notice referred to in subsection (7), the district manager may impose requirements respecting a bridge or culvert referred to in that subsection, and the holder of the road use permit must comply with those requirements.

(9) If the district manager does not impose requirements under subsection (8), the holder of the road use permit may proceed in accordance with the notice given under subsection (7).

Requirements where exempted

80 For the purpose of section 22.1 (6) [industrial use of a road] of the Act, a person exempted under section 22.1 (4) of the Act must comply with the provisions of this regulation respecting maintenance of a road, including those provisions that refer to carrying out a primary forest activity.

Wilderness roads

81 Despite section 22.2 [non-industrial use of a road] of the Act and section 79 [road maintenance], if a forest service road, or a road authorized under a road permit, a cutting permit, a timber sale licence that does not provide for cutting permits, a special use permit or a woodlot licence is not being used by industrial users,

(a) section 79 (6) (a) and (b) apply to that road only to the extent necessary to ensure there is no material adverse effect on a forest resource, and

Road deactivation

(a) barricade the road surface width in a clearly visible manner to prevent access by motor vehicles, other than all-terrain vehicles;

(c) remove bridge and log culvert substructures, if the failure of these substructures would have a material adverse effect on downstream property, improvements or forest resources;

(2) A person may submit to the district manager, in writing, a request for an exemption from the requirements of subsection (1) if

(3) The minister, in a notice given to a person who submits a request under subsection (2), may exempt the person if the minister is satisfied that the effectiveness of the works described in subsection (1) will not be negatively impacted by motor vehicle use.

(4) If a road deactivated under this section is a road that was used under the authority of a road permit associated with, or a cutting permit issued under, a tree farm licence, the holder of the tree farm licence must maintain the stability of each part of the road that was deactivated.

Hazard warning

83 Unless exempted under section 91 (1) [minister may grant exemptions], a person must, at all times during a period that a road is being deactivated, have a sign posted that will warn users of the deactivation.

Notice — road in community watershed

84 Unless exempted under section 91 (1) [minister may grant exemptions], at least 48 hours before commencement of road construction or deactivation in a community watershed, a person must notify affected water licensees or their representatives.

Notification of timber harvesting or road construction

85 (1) Unless exempted under section 91 (1) [minister may grant exemptions], an agreement holder must notify the district manager before

(a) beginning timber harvesting or construction of a road that is a permanent access structure, and

(b) re-starting the activities described in paragraph (a) after an inactive period of 3 months or more.

(a) the location of the timber harvesting or road, including any administrative identifier that relates to the location,

Annual reports

86 (1) In this section, "reporting period", in respect of the year in which the report referred to in subsection (2) is to be submitted, means the period extending from April 1 of the previous year to March 31 of that year.

(2) Before June 1 of each year, an agreement holder must submit to the district manager information respecting the following matters that occurred during the reporting period:

(a) for any road that is a permanent access structure that has been constructed, information respecting

(iii) the location and the diameter or span of any major culverts and of any fish-stream culverts,

(iv) the stream crossing identifiers for bridges and culverts referred to in subparagraphs (ii) and (iii),

(v) the location of engineered structures other than bridges, culverts or fords, and

(vi) the location of road sections containing stumps, roots and embedded logs left or placed

(A) under the road fill within the road prism width, if the road is located on landslide prone terrain, or

(b) the location of any road that is a permanent access structure that has been deactivated;

(d) the location of any resource feature or wildlife habitat feature in or contiguous to a cutblock or road that the holder became aware of, if

(i) the holder has not previously reported the resource feature or wildlife habitat feature, and

(ii) the order establishing the resource feature or wildlife habitat feature requires the location of the resource feature or wildlife habitat feature to be reported under this section;

(e) information respecting any seed that was used to grow seedlings planted by the holder in the cutblock;

(ii) the requirements for the regeneration date have not been met but the regeneration date has passed,

(iii) a free growing stand has been declared under section 97 [declarations], or

(iv) a free growing stand has not been established, but the free growing date has passed;

(3) Before June 1 of each year, a timber sales manager must submit to the district manager information respecting the following matters that occurred during the reporting period:

(a) for roads constructed under section 3 (2) (c) [forest stewardship plan required] of the Act, the information referred to in subsection (2) (a) and (b);

(b) for areas to which section 29 (2) [free growing stands] of the Act applies, the information referred to in subsection (2) (e) and (g);

(4) Information required under this section must be in a form and manner satisfactory to the minister.

(5) A person is not required to update the forest cover inventory if the person has previously submitted that information under section 97 (4) [declarations].

Site specific standards

87 (1) On or before the submission of a report referred to in section 86 (2) (c) [annual reports] for a cutblock, a map indicating standards units and the different standards that apply to those units must be submitted to the district manager by,

(a) for areas to which section 29 (2) [free growing stands] of the Act applies, the timber sales manager, and

(b) for areas to which section 29 (2) of the Act does not apply, the agreement holder.

(2) If, after submitting the map referred to in subsection (1), a timber sales manager or an agreement holder changes either a standards unit or the standards that relate to the standards unit, the timber sales manager or the holder, as applicable, must submit to the district manager a map describing the changes.

(a) if the change was made before planting seedlings, at the time at which information in respect of seeds under section 86 (2) (e) or (3) (b), as applicable, is submitted;

(b) if the change was made after planting seedlings but before the regeneration date, at the time at which information in respect of the regeneration date under section 86 (2) (f) or (3) (c), as applicable, is submitted;

(c) if the change was made after the regeneration date but before the free growing date, at the time at which information in respect of the free growing date under section 86 (2) (g) or (3) (b), as applicable, is submitted.

Silviculture treatment records

88 (1) If an agreement holder carries out a silviculture treatment on an area to which section 29 (1) [free growing stands] of the Act applies, the holder must maintain records of the silviculture treatment until the earlier of

(a) 15 months after a declaration has been made under section 97 [declarations] in respect of a free growing stand being established on the area, and

(2) If a timber sales manager carries out a silviculture treatment on an area to which section 29 (2) of the Act applies, the timber sales manager must maintain records of the silviculture treatment until a free growing stand is established on the area.

Exemption for specified master licence to cut

89 A holder of a master licence to cut as defined in section 47.4 (1) [licence to cut for persons occupying land or for oil and gas purposes] of the Forest Act

(a) is exempt from the requirements of section 204 [licences to cut that provide for cutting permits] of the Act, and

(b) must, if the holder harvests timber on an area under a cutting permit issued under the licence, comply with the requirements of the Forest Practices Code of British Columbia Act and the regulations made under it, as it was immediately before the coming into force of this section.

Limited exemption from compliance

90 The holder of a forest stewardship plan is exempt from the requirements of section 21 (1) [compliance with plans] of the Act to the extent that results cannot be achieved or strategies cannot be carried out due to the actions of a person who has been authorized to act by the government.

Minister may grant exemptions

91 (1) If the minister is satisfied that it is in the public interest and would not put human health at risk, the minister may exempt

(v) 55 to 63 [stream crossings, fish passage, protection of fish and fish habitat, use of livestock in riparian areas, Watersheds],

(b) one or more forms of minor tenure from all or part of this regulation, and may restrict the exemption to minor tenures located within a particular forest region, forest district or other area of British Columbia, and

(c) a holder of a forestry licence to cut, other than a major licence or a minor tenure, from one or more of the requirements of sections

(2) The minister may exempt a person from the requirements of section 29 [free growing stands] of the Act, in relation to a specific area, if all of the following apply:

(a) the timber to be harvested is in danger of being significantly reduced in value, lost or destroyed;

(c) the area, when taken together with adjoining areas, will not result in a clearcut exceeding 1 ha, unless the adjoining area is occupied by a free growing stand.

(3) The minister may exempt a person from the requirements of section 26 (3) (a) (ii) or (4) (b) [minister's consideration of stocking standards] if the minister is satisfied that the regeneration date and stocking standards are reasonable, having regard to the future timber supply for the area.

(4) The minister may exempt an agreement holder from the requirements of section 67 [restriction on harvesting] if the minister is satisfied that the holder has specified an equivalent wildlife tree retention area or wildlife trees that will be reserved from timber harvesting in accordance with that section.

(5) The minister may exempt a person from the requirements of section 70 (1) [resource features and wildlife habitat features] if the minister is satisfied that

(a) there is no other practicable option for carrying out the primary forest activity, and

(6) If a land use objective conflicts with a requirement of Part 4 [Practice requirements] or 5 [Roads],

(a) for matters for which an exemption may be granted under section 92 (3) [Water, Land and Air Protection may grant exemptions], the designated official must exempt a person from the requirement to the extent of the conflict, or

(b) for matters for which an exemption is not available under section 92 (3), the minister must exempt a person from the requirement to the extent of the conflict.

Water, Land and Air Protection may grant exemptions

92 (1) A designated official may exempt a person referred to in section 69 [general wildlife measures] if satisfied that

(i) there is no other practicable option for carrying out the intended primary forest activity;

(2) A designated official may exempt a person from the requirements of section 70 (2) [resource features and wildlife habitat features] if satisfied that

(a) there is no other practicable option for carrying out the intended primary forest activity, and

(3) If a land use objective conflicts with a requirement of section 69 or 70 (2), a designated official must exempt a person from the requirement to the extent of the conflict.

Payment of expenses

93 (1) Expenses incurred by an agreement holder in carrying out measures under sections 26 (9) [control of insects, disease, animals or abiotic factors], 27 (5) [forest health emergency] and 77.1 (4) [power of intervention: first nations] of the Act must be paid by the government, if the minister is satisfied that the expenses were reasonably incurred.

(2) For the purpose of section 77 (3) [power of intervention: general] of the Act, an agreement holder may recover all or part of the amount reasonably incurred under that section if

(a) the minister specifies in a notice under section 100 (1) [intervention orders] that the amount reasonably incurred in taking the required measures or actions is recoverable, and

(b) the minister is satisfied that the amounts claimed by the holder were, in fact, reasonably incurred.

Transfer of obligations

94 (1) For the purpose of section 29 (5) (b) [free growing stands] of the Act, a person may transfer an obligation to establish a free growing stand if the minister is satisfied that the person to whom the obligation is to be transferred

(b) has provided security to the minister in a form and in an amount specified by the minister.

(2) If the minister approves an agreement under section 29 (5) (c) or (7) (c) of the Act,

(a) the person who transferred the obligation is, as of the date of approval, no longer required to meet the obligation, and

(b) section 74 (2) to (6) [remediation orders] and 107 [limitation on liability of persons to government] of the Act apply to the person to whom the obligation has been transferred, as if that person is an agreement holder.

(3) A person to whom an obligation is transferred under section 29 of the Act must, in fulfilling the obligation, comply with

(a) section 44 [free growing stands generally], section 45 [free growing stands collectively across cutblocks] or 46 [free growing stands — forestry licence to cut], as applicable, and sections 86 (2) (d) to (f) [annual reports], 87 (3) [site specific standards] and 88 [silviculture treatment records], and

(b) any provision in this regulation that refers to an agreement holder who carries out silviculture treatments, including those provisions that refer to carrying out a primary forest activity.

(4) If the minister determines that a person to whom the obligation to establish a free growing stand has been transferred has contravened the requirements referred to in subsection (3), the minister may order the person to do work reasonably necessary to remedy the contravention.

Government assumption of obligations

"affiliate" has the same meaning as "affiliate" in section 53 [interpretation and application] of the Forest Act;

"associated with" means being associated with another person in a business activity whether by partnership, joint venture, contract or otherwise, and includes the contractual relationship between a licence holder and a person to whom the licence holder is contractually obliged to supply, directly or indirectly, some or all of the timber harvested under the licence holder's agreement;

"control", with respect to a corporation, has the same meaning as "control of a corporation" in section 53 of the Forest Act.

(2) For the purpose of section 30 (1) (d) [free growing stands for non-replaceable licences] of the Act, a "licence holder" means a person who

(a) does not hold a replaceable timber sale licence that has an allowable annual cut of greater than 10 000 m³, and

(b) unless the minister is satisfied that it is in the public interest that this paragraph not apply,

(B) a replaceable timber sale licence that has an allowable annual cut greater than 10 000 m³,

(B) a replaceable timber sale licence that has an allowable annual cut greater than 10 000 m³, and

(B) a replaceable timber sale licence that has an allowable annual cut greater than 10 000 m³.

(3) For the purpose of section 30 (3) of the Act, the prescribed period for giving a notice under that section to a licence holder is one year.

(4) For the purpose of section 30 (3) (d) of the Act, the following requirements must be met before a district manager or timber sales manager may assume a licence holder's responsibility for establishing a free growing stand:

(a) the licence holder requests that the district manager or timber sales manager, as applicable, assume responsibility for establishing a free growing stand on all cutblocks that are harvested under the licence holder's agreement under the Forest Act, as and when the requirements referred to in section 30 (3) (a) to (c) of the Act are met in respect of those cutblocks;

(b) the request referred to in paragraph (a) is made by the licence holder as part of the licence holder's first application for a cutting permit under the agreement under the Forest Act.

Relief or funding

96 (1) For the purpose of section 108 (1) (b) [government may fund extra expense or waive obligations] of the Act, an agreement holder must not be relieved from the requirements of sections 37 to 40 [landslides; gully processes; natural surface drainage patterns; revegetation], 46 [free growing stands — forestry licence to cut] or 74 [peak flow], unless the minister is satisfied that

(a) extraordinary circumstances exist which, due to their nature, would make it unjust if the agreement holder were not relieved, or

(2) A person claiming, under section 108 of the Act, relief from, or funding for, the obligation to establish a free growing stand, must provide to the minister the following information:

(b) if the relief sought is funding under section 108 (4) of the Act, a proposal for returning the stand to the condition referred to in that subsection;

(c) an estimate of the extra expense involved in carrying out the course of action, as described in section 108 (3) of the Act.

(3) If the minister is satisfied that relief or funding is required, the minister must, within one year of receiving the information referred to in subsection (2),

(c) provide and fund an alternate course of action to that proposed under subsection (2) (b), if the minister determines that

(A) the person has not provided a proposed course of action under subsection (2) (b), or

Declarations

97 (1) A person may make a declaration under section 107 [limitation on liability of persons to government] of the Act that a free growing stand has been established on a cutblock at any time before the date referred to in section 44 (1) (b) [free growing stands generally] if the stand

(a) has met the free growing height that relates to the area, as described under section 16 [stocking standards], and

(2) A person may make a declaration under section 107 of the Act that free growing stands have been established on all of the cutblocks to which section 45 [free growing stands collectively across cutblocks] relates at any time before the free growing date for the areas specified in the plan under section 16, if the stands

(3) A person may make a declaration under section 107 of the Act in respect of a cutblock referred to in section 44 (4) no earlier than 12 months after the completion of harvesting on the area.

(4) An agreement holder who makes a declaration under section 107 of the Act that the requirements for the regeneration date or free growing date on an area have been met must include with the declaration a forest cover inventory that conforms with the requirements of section 86 (4) [annual reports] for the area to which the declaration applies.

(5) The prescribed period for giving a notice to an agreement holder under section 107 (3) of the Act is 15 months.

Power to impose conditions

98 Section 112 [power to impose conditions] of the Act applies to an exercise of discretion under this regulation.

Process respecting orders and exemptions

(e) be filed with the district office for the forest district in which the area or thing to which the order or exemption applies is located.

(2) An order or exemption under subsection (1) takes effect on the later of the date

(b) the order or exemption is received by the person to whom the order or exemption applies.

(b) on the eighth day after it is mailed, if it is delivered by registered mail, or

(c) on the date referred to in a confirmation of delivery, if it is delivered electronically or by facsimile transmission.

Intervention orders

100 (1) For the purpose of section 77 (1) or (2) [power of intervention: general] of the Act, an order given by the minister to an agreement holder must specify

(c) whether or not the holder may recover all or part of the amount reasonably incurred in taking the specified measures or actions.

(2) The minister may take action under section 77 (1) of the Act if an act or omission of an agreement holder will likely result in

(a) a significant failure in meeting the stocking requirements described in section 44 [free growing stands generally] or 45 [free growing stands collectively across cutblocks],

(b) a significant delay in meeting the stocking requirements by the dates described in section 44 or 45, or

Compliance

101 (1) If a person is the subject of an order, exemption or condition under the Act or this regulation, the person must comply with the order, exemption or condition.

(2) If a person contravenes an order referred to in subsection (1), the person is considered to have contravened the provision to which the order relates.

(3) If a person contravenes a condition of an order or exemption referred to in subsection (1), the person is considered to have contravened the requirement to which the order or exemption relates.

Offences generally

102 (1) A person who contravenes any of the following sections commits an offence and is liable, on conviction, to a fine not exceeding $500 000 or to imprisonment for not more than 2 years or to both:

(2) A person who contravenes any of the following sections commits an offence and is liable, on conviction, to a fine not exceeding $100 000 or to imprisonment for not more than one year or to both:

(3) A person who contravenes any of the following sections commits an offence and is liable, on conviction, to a fine not exceeding $5 000 or to imprisonment for not more than 6 months or to both:

Offences respecting alternative results or strategies

103 (1) If an agreement holder fails to achieve or carry out an alternative result or strategy for which the holder has received approval under section 13 (b) [when result or strategy not required], the agreement holder commits an offence and is liable, on conviction, to the fine or imprisonment, or both, that is applicable to the provision to which the alternative result or strategy relates.

(2) Section 87 (2) [fines] of the Act does not apply to an agreement holder who is liable under subsection (1).

Offences respecting failure to comply with a condition

104 A person who contravenes an order, or a condition of an order or exemption, made under the Act or this regulation commits an offence and is liable, on conviction, to the penalty that is applicable to

(a) if the person contravenes an order, the provision to which the order relates, or

(b) if the person contravenes a condition of an order or exemption, the provision to which the order or exemption relates.

Minister of Forests' delegation

105 If the minister delegates a power or a duty under section 16 [approval of forest stewardship plan or amendment] 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.

Minister of Water, Land and Air Protection's delegation

106 In delegating a power, duty or function under this regulation, 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

Community watersheds continued

107 A community watershed established after the effective date set out in section 177 (1) [definitions and interpretation] of the Act under section 41 (8) to (13) [approval of plans by the district manager or designated environment official] of the Forest Practices Code of British Columbia Act, as it was immediately before its repeal, is continued under this regulation.

Code exemptions continue

108 The powers of the district manager to grant exemptions under the Forest Practices Code of British Columbia Act and the regulations made under that Act, as they were immediately before their repeal, are continued under this regulation.

Bark beetle management powers

109 (1) The power of the minister to designate an emergency bark beetle management area under section 2 [designation of an emergency bark beetle management area] of the Bark Beetle Regulation, B.C. Reg. 286/2001, as it was immediately before its repeal, is continued under this regulation.

(2) The power of the coordinator to designate an emergency bark beetle management area as an emergency management unit under section 3 [designation of an emergency management unit] of the Bark Beetle Regulation, as it was immediately before its repeal, is continued under this regulation.

Factors relating to objective set by government for soils

1 The following factors apply to a result or strategy for the objective set out in section 5 [objectives set by government for soils] of the regulation:

(a) the amount of productive forest land base that will be occupied by permanent access structures;

(b) the amount of soil disturbance within the net area to be reforested, having regard to

(i) the classification of soils based on their biological, physical and chemical properties, including their sensitivity to displacement, surface erosion and compaction,

(ii) the kinds of disturbance that are detrimental to productivity and hydrological function,

(iii) the amount of detrimental disturbance that can occur without unduly compromising productivity or hydrological function, and

(iv) the extent to which rehabilitation efforts can mitigate the effects of detrimental disturbance.

Factors relating to objective set by government for
water, fish, wildlife and biodiversity in riparian areas

2 The following factors apply to a result or strategy for the objective set out in section 8 [objectives set by government for water, fish, wildlife and biodiversity within riparian areas]:

(a) the type of management regime that is required for a riparian area, having regard to

(i) the need to buffer the aquatic ecosystem of a stream, wetland or lake from the introduction of materials that are deleterious to water quality or fish habitat,

(iv) the relative importance and sensitivity of different riparian classes of streams, wetlands, and lakes;

(b) the type, timing or intensity of forest practices that can be carried out within the context of a management regime referred to in paragraph (a);

(c) the role of forest shading in controlling an increase in temperature within a temperature sensitive stream, if the increase might have a deleterious effect on fish or fish habitat.

Factors relating to objectives set by government for wildlife and biodiversity

3 (1) The following factors apply to a result or strategy for the objective set out in section 9 (1) [objectives set by government for wildlife and biodiversity]:

(a) the size, distribution and salient characteristics of the area being designed for harvesting;

(b) the size, distribution and salient characteristics of other areas within the landscape that have been shaped by, or affected by, natural disturbance;

(c) the extent to which wildlife habitat areas, ungulate winter ranges, riparian management areas, scenic areas and other areas established to manage forest resources complement efforts to resemble natural disturbance patterns in a landscape, including old growth.

(2) The following factors apply to a result or strategy for the objective set out in section 9 (2):

(a) the size, structure, amount, location and other characteristics of trees that

(b) the extent to which wildlife habitat areas, ungulate winter ranges, riparian management areas, old growth management areas, scenic areas and other areas established to manage forest resources

(ii) assist in the conservation of stand level biodiversity, including old growth.

Factors relating to objective set by government for cultural heritage resources

4 The following factors apply to a result or strategy for the objective set out in section 10 [objectives set by government for cultural heritage resources]:

(a) the relative value or importance of a particular cultural heritage resource to a traditional use by an aboriginal people;

(b) the relative abundance or scarcity of a cultural heritage resource that is the focus of a traditional use by an aboriginal people;

(d) the impact on government granted timber harvesting rights of conserving or protecting a cultural heritage resource that is the focus of a traditional use by an aboriginal people;

(e) options for mitigating the impact that a forest practice might have on a cultural heritage resource that is the focus of a traditional use by an aboriginal people.

Factors relating to land use objectives

5 Information contained in land use plans approved under the Land Act or otherwise approved by government may be used as factors for preparing results and strategies for related land use objectives.

Factors relating to stocking specifications

"even-aged stand" means a stand of trees consisting of only one or two age classes;

"uneven-aged stand" means a stand of trees consisting of three or more age classes.

(2) The following factors apply to the development of stocking standards, generally:

(a) the long term forest health risks that are relevant to species selection for the purposes of establishing a free growing stand under section 29 [free growing stands] of the Act;

(3) The following factors apply to the development of stocking standards under section 16 (2) [stocking standards]:

(i) the types of commercially valuable and ecologically suitable species that should be established on the area;

(ii) the numbers and the distribution of healthy trees of a species referred to in subparagraph (i) that are required to adequately stock a free growing stand established on the area;

(i) the factors referred to in paragraph (a) that are applicable to those parts of the area that will be reforested,

(ii) the types of commercially valuable and ecologically suitable species that should be retained on the area, and

(iii) the characteristics, quantity and distribution of retained trees referred to in subparagraph (ii).

(4) The following factors apply to developing stocking standards under section 16 (4):

(a) the types of commercially valuable and ecologically suitable species that should be retained on the area;

(b) the characteristics, quantity and distribution of retained trees of a species referred to in paragraph (a), that are required to ensure the area will remain adequately stocked.

[Provisions of the Forest and Range Practices Act, S.B.C. 2002, c. 69, relevant to the enactment of this regulation: sections 5, 13, 17 18, 141, 142, 146, 147, 149 to 151, 154 to 157, 159, 160 and 162]

*Contents*
Part 1 — Interpretation
	1	Definitions
	2	Application and interpretation
	3	Damage to the environment
	4	Authorization to cut
Part 2— Forest Stewardship Plans
	Division 1— Content (Objectives)
	5	Objectives set by government for soils
	6	Objectives set by government for timber
	7	Objectives set by government for wildlife
	8	Objectives set by government for water, fish, wildlife and biodiversity within riparian areas
	9	Objectives set by government for wildlife and biodiversity
	10	Objectives set by government for cultural heritage resources
	11	Other objectives
	12	Specifying results and strategies
	13	When result or strategy not required
	Division 2— Content (General)
	14	Identifying forest development units
	15	Exemptions for outside areas
	16	Stocking standards
	17	Invasive plants
	18	Natural range barriers
	19	Cumulative effect of multiple forest stewardship plans
	Division 3— Public Review and Comment
	20	Providing notice
	21	Review and comment
	22	Responding to review and comment
	Division 4— Approvals and Extensions
	23	Deemed approval
	24	Requiring additional information
	25	Minister's consideration of results and strategies
	26	Minister's consideration of stocking standards
	27	Balancing objectives
	28	Extending term
	Division 5— Amendments
	29	Minor amendments that require approval
	30	Minor amendments that do not require approval
	31	Minor amendment wrongly made
	32	Mandatory amendments
Part 3— Site Plans
	33	Exemption from site plans
	34	Content of site plans
Part 4— Practice Requirements
	Division 1— Soils
	35	Soil disturbance limits
	36	Permanent access structure limits
	37	Landslides
	38	Gully processes
	39	Natural surface drainage patterns
	40	Revegetation
	Division 2— Timber and Forest Health
	41	Modification of insect behaviour
	42	Use of livestock
	43	Use of seed
	44	Free growing stands generally
	45	Free growing stands collectively across cutblocks
	46	Free growing stand— forestry licence to cut
	Division 3— Riparian Areas
	47	Stream riparian classes
	48	Wetland riparian classes
	49	Lake riparian classes
	50	Restrictions in a riparian management area
	51	Restrictions in a riparian reserve zone
	52	Restrictions in a riparian management zone
	53	Temperature sensitive streams
	54	Fan destabilization
	55	Stream crossings
	56	Fish passage
	57	Protection of fish and fish habitat
	58	Use of livestock in riparian areas
	Division 4— Watersheds
	59	Protecting water quality
	60	Licensed waterworks
	61	Excavated or bladed trails
	62	Roads in a community watershed
	63	Use of fertilizers
	Division 5— Biodiversity
	64	Maximum cutblock size
	65	Harvesting adjacent to another cutblock
	66	Wildlife tree retention
	67	Restriction on harvesting
	68	Coarse woody debris
	Division 6— General Wildlife Measures and Resource Features
	69	General wildlife measures
	70	Resource features and wildlife habitat features
Part 5— Roads
	71	Application of sections in this Part
	72	Roads and associated structures
	73	Design of bridges
	74	Peak flow
	75	Structural defects
	76	Culvert fabrication
	77	Retaining information
	78	Clearing widths
	79	Road maintenance
	80	Requirements where exempt
	81	Wilderness roads
	82	Road deactivation
	83	Hazard warning
	84	Notice— road in community watershed
Part 6— Notifying and Reporting to Government
	85	Notification of timber harvesting or road construction
	86	Annual reports
	87	Site specific standards
	88	Silviculture treatment records
Part 7— Exemptions and Relief from or Funding of Obligations
	Division 1— Exemptions
	89	Exemption for specified master licence to cut
	90	Limited exemption from compliance
	91	Minister may grant exemptions
	92	Water, Land and Air Protection may grant exemptions
	Division 2— Relief from or Funding of Obligations
	93	Payment of expenses
	94	Transfer of obligations
	95	Government assumption of obligations
	96	Relief or funding
	97	Declarations
Part 8— Orders and Offences
	Division 1— Orders
	98	Power to impose conditions
	99	Process respecting orders and exemptions
	100	Intervention orders
	101	Compliance
	Division 2— Offences
	102	Offences generally
	103	Offences respecting alternative results or strategies
	104	Offences respecting failure to comply with a condition
Part 9— Delegation and Subdelegation
	105	Minister of Forests' delegation
	106	Minister of Water, Land and Air Protection's delegation
Part 10— Transition
	107	Community watersheds continued
	108	Code exemptions continue
	109	Bark beetle management powers
Schedule— Factors

FOREST PLANNING AND PRACTICES REGULATION

Definitions