Definitions

1 (1)  In this regulation:

"access structure" means a road, landing, pit, quarry, excavated or bladed trail or other logging trail;

"Act" means the Forest and Range Practices Act;

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

"altered forest landscape" means forest landscape that

(a) is viewable from a significant public viewpoint,

(b) contains cutblocks or roads, and

(c) is in one of the categories prescribed under section 1.1;

"authorized in respect of a road" means

(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,

(a.1) a person who

(i)  is the holder of a road use permit for a forest service road, and

(ii)  receives an order from the minister under section 79 (4),

(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

(i)  the Transportation Act, Land Act, Local Government Act or Pipeline Act, or

(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), (a.1) or (c) in the definition of "authorized in respect of a road";

"basal area" means

(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;

"commencement date" means

(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;

"community watershed" means a community watershed

(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

(c) designated under the Government Actions Regulation;

"declared area" means an area that has been identified under section 14 (4);

"delivered wood costs" means the costs associated with accessing and harvesting timber and delivering it to a timber processing facility;

"direct tributary" means a portion of a tributary stream that

(a) is a minimum of 100 m in length, and

(b) has the same stream order as the most downstream reach of the tributary;

"established objective" means

(a) an objective continued under section 181 of the Act,

(b) an objective described in Division 1 of Part 2,

(c) a land use objective, and

(d) an objective established under the Government Actions Regulation;

"excavated or bladed trail" means a constructed trail that has

(a) an excavated or bladed width greater than 1.5 m, and

(b) a mineral soil cutbank height greater than 30 cm;

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

(a) an increase in the depth of a channel within an alluvial or colluvial fan;

(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;

(c) the creation of a new channel within an alluvial or colluvial fan;

"fish stream" means a watercourse that

(a) is frequented by any of the following species of fish:

(i)  anadromous salmonids;

(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;

(iii)  a species identified as a species at risk;

(iv)  a species identified as regionally important wildlife, or

(b) has a slope gradient of less than 20%, unless the watercourse

(i)  does not contain any of the species of fish referred to in paragraph (a),

(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;

"fisheries sensitive feature" means any of the following:

(a) the littoral zone of a lake;

(b) a freshwater area where the water is less than 10 m deep;

(c) a flooded depression, pond or swamp that is not a stream, wetland or lake, but

(i)  either perennially or seasonally contains water, and

(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;

"fisheries sensitive watershed objective" means an objective

(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

(b) established under the Government Actions Regulation;

"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

(a) where forest development may occur during the term of the plan, and

(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;

"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;

"general wildlife measure" means a general wildlife measure

(a) continued under section 182 [general wildlife measures] of the Act, or

(b) established under the Government Actions Regulation;

"gully process" means

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

(b) a debris flood;

"harvest", in relation to timber, means to fell or remove timber, other than under a silviculture treatment, including to

(a) yard, deck or load timber,

(b) process timber on site,

(c) pile or dispose of logging debris,

(d) construct excavated or bladed trails or other logging trails,

(e) rehabilitate an area referred to in section 35, and

(f) carry 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;

"Interior" means an area of British Columbia, other than the Coast;

"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;

"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;

"major culvert" means a stream culvert that

(a) is one of the following:

(i)  a pipe having a diameter of 2 000 mm or greater;

(ii)  a pipe arch having a span greater than 2 130 mm;

(iii)  an open bottom arch having a span greater than 2 130 mm, or

(b) has a maximum design discharge of 6 m³ per second or greater;

"marine sensitive feature" means any of the following:

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

(b) the littoral zone of a marine or estuary system;

(c) a marine area where the water is less than 10 m deep;

"minor tenure" means

(a) a free use permit,

(b) a Christmas tree permit,

(c) an occupant licence to cut, or

(d) a forestry licence to cut that is not a major licence and limits

(i)  the area from which timber may be harvested to 1 ha or less, and

(ii)  the volume of timber to be harvested to 2 000 m³ or less;

"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;

"permanent access structure" means an access structure in a cutblock that

(a) at the time of its construction, is reasonably expected to provide access for timber harvesting and other activities that are not wholly contained in the cutblock, or

(b) is constructed on or through, or contains, materials unsuitable for the establishment of a commercial crop of trees and is not an excavated or bladed trail,

but does not include an area that contained an access structure before rehabilitation of the area under section 36;

"primary forest activity" means one or more of the following:

(a) timber harvesting;

(b) silviculture treatments;

(c) road construction, maintenance and deactivation;

"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;

"result" means a description of

(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

(a) is a portion of the riparian management area, and

(b) is established to

(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

(a) is a portion of a riparian management area, and

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

"road" means all or part of a road that is

(a) a forest service road,

(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

(c) located within a Provincial forest and authorized under an Act or its regulations, other than

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

(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 or regulation,

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;

"scenic area" means a scenic area

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

(b) established under the Government Actions Regulation;

"silviculture treatment" includes

(a) site preparation for the purposes of reforestation,

(b) planting trees,

(c) brushing, including grazing for the purposes of brushing,

(d) juvenile spacing,

(e) fertilization,

(f) pruning,

(g) sanitation treatments associated with a silviculture treatment, and

(h) pest management treatments, other than sanitation treatments;

"soil disturbance" means disturbance to the soil in the net area to be reforested in a cutblock because of

(a) temporary access structures,

(b) gouges, ruts and scalps, or

(c) compacted areas,

but does not include the effect on the soil of rehabilitating an area in accordance with section 35;

"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;

"standards unit" means one or more parts of a cutblock for which part or parts there is only one of each of the following:

(a) soil disturbance limit;

(b) regeneration date;

(c) stocking standard;

(d) free growing date;

(e) free growing height for each species that contributes to establishing a free growing stand on the cutblock;

"stocking standards" means the stocking standards that apply when

(a) establishing a free growing stand, or

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

"strategy" means a description of

(a) measurable or verifiable steps or practices that will be carried out in respect of 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

(a) has a continuous channel bed that is 100 m or more in length, or

(b) flows directly into

(i)  a fish stream or a fish-bearing lake or wetland, or

(ii)  a licensed waterworks;

"temporary access structure" means an access structure that

(a) is in a cutblock, and

(b) does not conform to the criteria described in paragraph (a) or (b) of the definition of "permanent access structure"

and does not include a pit or quarry;

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

"ungulate winter range" means an ungulate winter range

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

(b) established under the Government Actions Regulation;

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

(a) continued under section 181 [grandparenting objectives] of the Act, or

(b) established under the Government Actions Regulation;

"visual quality objective" means

(a) an objective continued, in respect of a scenic area, under section 181 of the Act,

(b) an objective established for a scenic area under the Government Actions Regulation, or

(c) a visual quality class continued, for a scenic area, under section 17 of the Government Actions Regulation;

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

(a) continued under section 181 [grandparenting objectives] of the Act, or

(b) established under the Government Actions Regulation;

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

"wildlife habitat area" means a wildlife habitat area

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

(b) established under the Government Actions Regulation;

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

(a) continued under section 181 [grandparenting objectives] of the Act, or

(b) established under the Government Actions Regulation;

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

"wildlife trees" means a tree or group of trees that

(a) provide wildlife habitat, and

(b) assist in the conservation of stand level biodiversity;

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

(a) in a cutblock,

(b) in an area that is contiguous to a cutblock, or

(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.

(2)  In the Act and this regulation:

"certify", in section 16 (1.01) of the Act, means to attest by means of a certificate that the agrologist, the professional biologist, the professional engineer, the professional geoscientist or the professional forester who issues the certificate

(a) is of the opinion that a forest stewardship plan or amendment to a forest stewardship plan conforms to section 5 of the Act in relation to the subject matter described in section 22.1 (2) of this regulation,

(b) in forming that opinion, he or she took all steps required of him or her as a professional, and

(c) the opinion referred to in paragraph (a) is based on either or both of the following:

(i)  his or her own knowledge;

(ii)  information from credible sources;

"net area to be reforested" means the portion of a cutblock that remains after the following have been excluded:

(a) areas occupied by permanent access structures;

(b) contiguous areas that

(i)  in their natural state, are not capable of supporting a stand of trees in order to meet the stocking standards for un-excluded areas, and

(ii)  are at least 0.1 ha in size and 10 m wide or are identified under section 86;

(c) contiguous areas of non-commercial forest cover that

(i)  are present on the cutblock at the commencement of timber harvesting, and

(ii)  are at least 0.1 ha in size and 10 m wide or are identified under section 86;

(d) wildlife tree retention areas;

(e) riparian reserve zones;

(f) areas reserved for purposes other than timber harvesting.

(3)  Section 177 (2) and (3) of the Act and the definitions of "Code", "Code Regulation", "effective date" and "site level plan" in section 177 (1) of the Act apply for the purposes of this regulation.

[am. B.C. Regs. 546/2004, App. s. 11; 580/2004, s. 1; 62/2005, s. 1.]

Categories of visually altered forest landscape

1.1 For the purposes of paragraph (c) of the definition of "altered forest landscape" in section 1, the following categories are prescribed, each according to the extent of alteration resulting from the size, shape and location of cutblocks and roads:

(a) preservation: consisting of an altered forest landscape in which the alteration, when assessed from a significant public viewpoint, is

(i)  very small in scale, and

(ii)  not easily distinguishable from the pre-harvest landscape;

(b) retention: consisting of an altered forest landscape in which the alteration, when assessed from a significant public viewpoint, is

(i)  difficult to see,

(ii)  small in scale, and

(iii)  natural in appearance;

(c) partial retention: consisting of an altered forest landscape in which the alteration, when assessed from a significant public viewpoint, is

(i)  easy to see,

(ii)  small to medium in scale, and

(iii)  natural and not rectilinear or geometric in shape;

(d) modification: consisting of an altered forest landscape in which the alteration, when assessed from a significant public viewpoint,

(i)  is very easy to see, and

(ii)  is

(A)  large in scale and natural in its appearance, or

(B)  small to medium in scale but with some angular characteristics;

(e) maximum modification: consisting of an altered forest landscape in which the alteration, when assessed from a significant public viewpoint,

(i)  is very easy to see, and

(ii)  is

(A)  very large in scale,

(B)  rectilinear and geometric in shape, or

(C)  both.

[en. B.C. Reg. 580/2004, s. 2.]

Application and interpretation

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

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

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

unless the funding is provided as set out in section 96 of this regulation.

(2)  In this regulation, a reference to distance in respect to riparian management areas, riparian management zones and riparian reserve zones, and in Division 4 of Part 4, is a reference to the slope distance.

(3)  A person is exempt from

(a) a requirement of Parts 4 and 5 of this regulation, or

(b) an obligation under section 21, 29, 47 or 48 of the Act

as necessary to allow the person to conform to the Workers Compensation Act and the regulations under that Act.

(4)  Until June 1, 2005, Parts 2 and 3 of this regulation and the standards and objectives made under Parts 2 and 3 apply immediately, despite section 16 (2) of the Act, to a forest stewardship plan.

[en. B.C. Reg. 580/2004, s. 3.]

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:

(a) a landslide;

(b) a gully process on the Coast;

(c) a fan destabilization on the Coast;

(d) soil disturbance;

(e) the deposit into a stream, wetland or lake of

(i)  a petroleum product,

(ii)  a fluid used to service industrial equipment, or

(iii)  any other similar harmful substance;

(f) a debris torrent that enters a fish stream.

(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:

(a) this regulation;

(b) the Mineral Tenure Act, for the purpose of locating a claim.

(1.1)  An agreement holder and the timber sales manager may cut, damage or destroy Crown timber as necessary for the purpose of carrying out silviculture treatments, stand tending treatments or forest health treatments.

(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

(a) by hand held tools, and

(b) for the purpose of mineral exploration.

(2.1)  A land surveyor may cut, damage or destroy Crown timber as necessary in the course of carrying out duties as a land surveyor.

(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.

[am. B.C. Regs. 580/2004, s. 4; 320/2006, s. 1.]

Removing Crown timber to protect a community from wildfire

4.01 The minister may exempt a person from section 52 (3) of the Act if the minister is satisfied that the Crown timber to be removed

(a) is non-merchantable timber,

(b) is to be removed for the purpose of protecting a community from wildfire, and

(c) will not be sold to others.

[en. B.C. Reg. 224/2006, s. 1.]

Application of this Division to forest stewardship plans

4.1 The objectives prescribed under sections 5 to 10 of this regulation are objectives set by government referred to in section 5 (1) (b) (i) of the Act and are applicable only to forest stewardship plans.

[en. B.C. Reg. 580/2004, s. 5.]

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

6 The objectives set by government for timber are to

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

(b) ensure that delivered wood costs, generally, after taking into account the effect on them of the relevant provisions of this regulation and of the Act, are competitive in relation to equivalent costs in relation to regulated primary forest activities in other jurisdictions, and

(c) ensure that the provisions of this regulation and of the Act that pertain to primary forest activities do not unduly constrain the ability of a holder of an agreement under the Forest Act to exercise the holder's rights under the agreement.

[am. B.C. Reg. 580/2004, s. 6.]

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

(a) the survival of species at risk,

(b) the survival of regionally important wildlife, and

(c) the winter survival of specified ungulate species.

(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 responsible for the Wildlife Act gives notice to the person of the applicable

(a) species referred to in subsection (1), and

(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 responsible for the Wildlife Act 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 December 31, 2004, a notice described in subsection (2) must be given at least 4 months before the forest stewardship plan is submitted for approval.

[am. B.C. Reg. 580/2004, s. 7.]

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 fish habitat in fisheries sensitive watersheds

8.1 (1)  In this section, "fisheries sensitive watershed" means an area identified in Schedule 2 of this regulation

(a) with significant downstream fisheries values continued under section 180 (f) of the Act and significant watershed sensitivity continued under section 180 (g) of the Act, and

(b) for which there is no fisheries sensitive watershed objective.

(2)  Until December 31, 2005 the objective set by government for fish habitat in fisheries sensitive watersheds is to prevent to the extent described in subsection (3) the cumulative hydrological effects of primary forest activities in the fisheries sensitive watershed from resulting in a material adverse impact on the habitat of the fish species for which the fisheries sensitive watershed was established.

(3)  The objective set by government under subsection (2) applies only to the extent that it does not unduly reduce the supply of timber from British Columbia's forests.

(4)  If satisfied that the objective set out in subsection (2) is not required to provide special management, the minister responsible for the Wildlife Act must exempt a person from the requirement to specify a result or strategy in relation to the objective.

(5)  If satisfied that the objective set out in subsection (2) is addressed, in whole or in part, by an enactment, the minister responsible for the Wildlife Act must exempt a person from the requirement to specify a result or strategy in relation to the objective set out in subsection (2) to the extent that the objective is already addressed.

[en. B.C. Reg. 62/2005, s. 2.]

Objectives set by government for water in community watersheds

8.2 (1)  In this section, "community watershed" means a community watershed

(a) that is continued under section 180 (e) of the Act, and

(b) for which a water quality objective has not been

(i)  continued under section 181 of the Act, or

(ii)  established under the Government Actions Regulation.

(2)  The objective set by government for water being diverted for human consumption through a licensed waterworks in a community watershed is to prevent to the extent described in subsection (3) the cumulative hydrological effects of primary forest activities within the community watershed from resulting in

(a) a material adverse impact on the quantity of water or the timing of the flow of the water from the waterworks, or

(b) the water from the waterworks having a material adverse impact on human health that cannot be addressed by water treatment required under

(i)  an enactment, or

(ii)  the licence pertaining to the waterworks.

(3)  The objective set by government under subsection (2) applies only to the extent that it does not unduly reduce the supply of timber from British Columbia's forests.

(4)  If satisfied that the objective set out in subsection (2) is not required to provide special management the minister responsible for the Wildlife Act must exempt a person from the requirement to specify a result or strategy in relation to the objective.

(5)  If satisfied that the objective set out in subsection (2) is addressed, in whole or in part, by an enactment, the minister responsible for the Wildlife Act must exempt a person from the requirement to specify a result or strategy in relation to the objective set out in subsection (2) to the extent that the objective is already addressed.

[en. B.C. Reg. 62/2005, s. 2.]

Objectives set by government for wildlife and biodiversity — landscape level

9 The objective set by government for wildlife and biodiversity at the landscape level is, without unduly reducing the supply of timber from British Columbia's forests and to the extent practicable, 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.

[en. B.C. Reg. 580/2004, s. 8.]

Objectives set by government for wildlife and biodiversity — stand level

9.1 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.

[en. B.C. Reg. 580/2004, s. 8.]

Objectives set by government for visual quality

9.2 (1)  In this section:

"scenic area" means an area of land established as a scenic area under the Forest Practices Code of British Columbia Act on or before October 24, 2002 and continued as a scenic area under section 180 (c) of the Act;

"visual sensitivity class" means a visual sensitivity class established on or before October 24, 2002, particulars of which are publicly available in the Land and Resource Data Warehouse maintained by the minister responsible for the Land Act.

(2)  The objective set by government in relation to visual quality for a scenic area, that

(a) was established on or before October 24, 2002, and

(b) for which there is no visual quality objective

is to ensure that the altered forest landscape for the scenic area

(c) in visual sensitivity class 1 is in either the preservation or retention category,

(d) in visual sensitivity class 2 is in either the retention or partial retention category,

(e) in visual sensitivity class 3 is in either the partial retention or modification category,

(f) in visual sensitivity class 4 is in either the partial retention or modification category, and

(g) in visual sensitivity class 5 is in either the modification or maximum modification category.

[en. B.C. Reg. 580/2004, s. 9.]

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

(b) not regulated under the Heritage Conservation Act.

Repealed

11 Repealed. [B.C. Reg. 580/2004, s. 10.]

Specifying results or strategies

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

(2)  After December 31, 2004, for a forest stewardship plan or amendment to one, it is sufficient compliance with the objectives referred to in section 5 (1) (b) (ii) of the Act if the plan or amendment when submitted to the minister for approval conforms to those objectives as they were in effect 4 months before the date of the submission.

(3)  Despite section 12.1 (2) and (6), a person who prepares a forest stewardship plan must specify in it, for the objective set out in section 8, a result or strategy that 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.

(5)  If 2 or more established objectives are applicable to

(a) a common area, and

(b) the same or a similar subject matter,

the minister may exempt a person who is required to prepare a forest stewardship plan from the requirement to specify a result or strategy for all but one of the established objectives.

(6)  In making an exemption under subsection (5), the minister must do so in accordance with the following descending order of priority:

(a) an objective established under the Government Actions Regulation;

(b) an objective described in Division 1 of this Part;

(c) a land use objective.

(7)  If the minister determines that it is not practicable, given the circumstances or conditions applicable to a particular area, for the person otherwise required to do so, to specify a result or strategy consistent with an established objective for that area, the minister must exempt the person from that requirement in relation to that area.

(8)  A person who is required to prepare a forest stewardship plan is exempt from the requirement to prepare results or strategies for an objective set by government for timber.

[en. B.C. Reg. 580/2004, s. 11; am. B.C. Regs. 62/2005, ss. 3 and 4; 321/2006, s. 1.]

Exemptions — when undertaking given for compliance with specified regulations

12.1 (1)  An agreement holder who is required to prepare a forest stewardship plan is exempt for that plan from the requirement under section 5 of the Act that the plan specify intended results or strategies in relation to the objective for soils set out in section 5 of this regulation if the person

(a) prepares the plan, including in it an undertaking that the person will comply with sections 35 and 36 of this regulation, during the term of the plan, and

(b) receives the minister's approval to the plan.

(2)  An agreement holder who is required to prepare a forest stewardship plan is exempt for that plan from the requirement under section 5 of the Act that the plan specify intended results or strategies in relation to the objective for water, fish, wildlife and biodiversity set out in section 8 of this regulation if the person

(a) prepares the plan, including in it an undertaking that the person will comply with sections 47 to 51, 52 (2) and 53 of this regulation, during the term of the plan, and

(b) receives the minister’s approval to the plan.

(3)  An agreement holder who is required to prepare a forest stewardship plan is exempt for that plan from the requirement under section 5 of the Act that the plan specify intended results or strategies in relation to the objective for wildlife and biodiversity at the landscape level set out in section 9 of this regulation if the person

(a) prepares the plan, including in it an undertaking that the person will comply with sections 64 and 65 of this regulation, during the term of the plan, and

(b) receives the minister’s approval to the plan.

(4)  An agreement holder who is required to prepare a forest stewardship plan is exempt for that plan from the requirement under section 5 of the Act that the plan specify intended results or strategies in relation to the objective for wildlife and biodiversity at the stand level set out in section 9.1 of this regulation if the person

(a) prepares the plan, including in it an undertaking that the person will comply with sections 66 and 67 of this regulation, during the term of the plan, and

(b) receives the minister’s approval to the plan.

(5)  A timber sales manager who is required to prepare a forest stewardship plan is exempt for that plan from the requirement under section 5 of the Act that the plan specify intended results or strategies in relation to the objective for soils set out in section 5 of this regulation if the timber sales manager

(a) prepares the plan, including in it an undertaking that the timber sales manager will notify each holder of a timber sale licence entered into or a road permit granted during the term of the plan that sections 35 and 36 of this regulation apply to the holder, and

(b) receives the minister’s approval to the plan.

(6)  A timber sales manager who is required to prepare a forest stewardship plan is exempt for that plan from the requirement under section 5 of the Act that the plan specify intended results or strategies in relation to the objective for water, fish, wildlife and biodiversity set out in section 8 of this regulation if the timber sales manager

(a) prepares the plan, including in it an undertaking that the timber sales manager will

(i)  comply with sections 47 to 51, 52 (2) and 53 of this regulation for primary forest activities carried out by the timber sales manager during the term of the plan, and

(ii)  notify each holder of a timber sale licence or road permit to which the plan relates that sections 47 to 51, 52 (2) and 53 of this regulation apply to the holder’s primary forest activities carried out during the term of the plan, and

(b) receives the minister's approval to the plan.

(7)  A timber sales manager who is required to prepare a forest stewardship plan is exempt for that plan from the requirement under section 5 of the Act that the plan specify intended results or strategies in relation to the objective for biodiversity at the landscape level set out in section 9 of this regulation if the timber sales manager

(a) prepares the plan, including in it an undertaking that the timber sales manager will notify each holder of a timber sale licence or road permit to which the plan relates that sections 64 and 65 of this regulation apply to the holder's primary forest activities carried out during the term of the plan, and

(b) receives the minister’s approval to the plan.

(8)  A timber sales manager required to prepare a forest stewardship plan is exempt for that plan from the requirement under section 5 of the Act that the plan specify intended results or strategies in relation to the objective for wildlife and biodiversity at the stand level set out in section 9.1 of this regulation if the timber sales manager

(a) prepares the plan, including in it an undertaking that the timber sales manager will notify each holder of a timber sale licence or road permit to which the plan relates that sections 66 and 67 of this regulation apply to the holder's primary forest activities carried out during the term of the plan, and

(b) receives the minister's approval to the plan.

[en. B.C. Reg. 580/2004, s. 12; am. B.C. Regs. 223/2006, s. 1; 321/2006, ss. 2 and 3.]

Conditional exemption — section 35 or 36

12.2 (1)  An agreement holder who is required to prepare a forest stewardship plan is exempt from section 35 if the person

(a) prepares and submits to the minister the proposed plan, including an intended result or strategy for the objective for soils that is set out in section 5, in relation to the areas of primary forest activity under the plan, and

(b) receives the minister's approval to the plan.

(2)  An agreement holder who is required to prepare a forest stewardship plan is exempt from section 36 if the person

(a) prepares and submits to the minister the proposed plan, including an intended result or strategy for the objective for soils that is set out in section 5, in relation to the areas of primary forest activity under the plan, and

(b) receives the minister's approval to the plan.

(3)  A holder of a timber sale licence or road permit to which a proposed forest stewardship plan relates is exempt from section 35 if the timber sales manager

(a) prepares and submits to the minister the proposed forest stewardship plan, including an intended result or strategy for the objective for soils that is set out in section 5, in relation to the areas of primary forest activity under the plan, and

(b) receives the minister's approval to the plan.

(4)  A holder of a timber sale licence or road permit to which a proposed forest stewardship plan relates is exempt from section 36 if the timber sales manager

(a) prepares and submits to the minister the proposed forest stewardship plan, including an intended result or strategy for the objective for soils that is set out in section 5, in relation to the areas of primary forest activity under the plan, and

(b) receives the minister's approval to the plan.

[en. B.C. Reg. 580/2004, s. 12; am. B.C. Reg. 321/2006, ss. 2 and 4.]

Conditional exemption — from one or more of sections 47 to 53

12.3 (1)  An agreement holder who is required to prepare a forest stewardship plan is exempt from section 47 (4) to (6) if the person

(a) prepares and submits to the minister the proposed plan, including an intended result or strategy for the objective for water, fish, wildlife and biodiversity set out in section 8, in relation to the areas of primary forest activity under the plan, and

(b) receives the minister's approval to the plan.

(2)  An agreement holder who is required to prepare a forest stewardship plan is exempt from section 48 (3) to (5) if the person

(a) prepares and submits to the minister the proposed plan, including an intended result or strategy for the objective for water, fish, wildlife and biodiversity set out in section 8, in relation to the areas of primary forest activity under the plan, and

(b) receives the minister's approval to the plan.

(3)  An agreement holder who is required to prepare a forest stewardship plan is exempt from section 49 (2) and (3) if the person

(a) prepares and submits to the minister the proposed plan, including an intended result or strategy for the objective for water, fish, wildlife and biodiversity set out in section 8, in relation to the areas of primary forest activity under the plan, and

(b) receives the minister's approval to the plan.

(4)  An agreement holder who is required to prepare a forest stewardship plan is exempt from section 50 (1) if the person

(a) prepares and submits to the minister the proposed plan, including an intended result or strategy for the objective for water, fish, wildlife and biodiversity set out in section 8, in relation to the areas of primary forest activity under the plan, and

(b) receives the minister's approval to the plan.

(5)  An agreement holder who is required to prepare a forest stewardship plan is exempt from section 51 (1) or (3) if the person

(a) prepares and submits to the minister the proposed plan, including an intended result or strategy for the objective for water, fish, wildlife and biodiversity set out in section 8, in relation to the areas of primary forest activity under the plan, and

(b) receives the minister's approval to the plan.

(6)  An agreement holder who is required to prepare a forest stewardship plan is exempt from section 52 (2) if the person

(a) prepares and submits to the minister the proposed plan, including an intended result or strategy for the objective for water, fish, wildlife and biodiversity set out in section 8, in relation to the areas of primary forest activity under the plan, and

(b) receives the minister's approval to the plan.

(7)  An agreement holder who is required to prepare a forest stewardship plan is exempt from section 53 if the person

(a) prepares and submits to the minister the proposed plan, including an intended result or strategy for the objective for water, fish, wildlife and biodiversity set out in section 8, in relation to the areas of primary forest activity under the plan, and

(b) receives the minister's approval to the plan.

(8)  A holder of a timber sale licence or road permit to which a proposed forest stewardship plan relates and a timber sales manager are exempt from section 48 (3) to (5) if the timber sales manager

(a) prepares and submits to the minister the proposed forest stewardship plan, including an intended result or strategy for the objective for water, fish, wildlife and biodiversity set out in section 8, in relation to the areas of primary forest activity under the plan, and

(b) receives the minister’s approval to the plan.

(9)  A holder of a timber sale licence or road permit to which a proposed forest stewardship plan relates and a timber sales manager are exempt from section 49 (2) and (3) if the timber sales manager

(a) prepares and submits to the minister the proposed forest stewardship plan, including an intended result or strategy for the objective for water, fish, wildlife and biodiversity set out in section 8, in relation to the areas of primary forest activity under the plan, and

(b) receives the minister's approval to the plan.

(10)  A holder of a timber sale licence or road permit to which a proposed forest stewardship plan relates and a timber sales manager are exempt from section 50 (1) if the timber sales manager

(a) prepares and submits to the minister the proposed forest stewardship plan, including an intended result or strategy for the objective for water, fish, wildlife and biodiversity set out in section 8, in relation to the areas of primary forest activity under the plan, and

(b) receives the minister's approval to the plan.

(11)  A holder of a timber sale licence or road permit to which a proposed forest stewardship plan relates is exempt from section 51 (1) or (3) if the timber sales manager

(a) prepares and submits to the minister the proposed forest stewardship plan, including an intended result or strategy for the objective for water, fish, wildlife and biodiversity set out in section 8, in relation to the areas of primary forest activity under the plan, and

(b) receives the minister's approval to the plan.

(12)  A holder of a timber sale licence or road permit to which a proposed forest stewardship plan relates and a timber sales manager are exempt from section 52 (2) if the timber sales manager

(a) prepares and submits to the minister the proposed forest stewardship plan, including an intended result or strategy for the objective for water, fish, wildlife and biodiversity set out in section 8, in relation to the areas of primary forest activity under the plan, and

(b) receives the minister's approval to the plan.

(13)  A holder of a timber sale licence or road permit to which a proposed forest stewardship plan relates and a timber sales manager are exempt from section 53 if the timber sales manager

(a) prepares and submits to the minister the proposed forest stewardship plan, including an intended result or strategy for the objective for water, fish, wildlife and biodiversity set out in section 8, in relation to the areas of primary forest activity under the plan, and

(b) receives the minister's approval to the plan.

[en. B.C. Reg. 580/2004, s. 12; am. B.C. Reg. 321/2006, ss. 2 and 5.]

Conditional exemption — section 55, 56 or 57

12.31 (1)  An agreement holder who is required to prepare a forest stewardship plan is exempt from section 55 as it pertains to cumulative hydrological effects on fish habitat in fisheries sensitive watershed if the person

(a) prepares and submits to the minister the proposed plan, including an intended result or strategy for fish habitat in a fisherie