| Copyright (c) Queen's Printer, Victoria, British Columbia, Canada | IMPORTANT INFORMATION |
Assented to November 21, 2002
Part 1 — Definitions and Interpretation
1 (1) In this Act:
"agreement under the Forest Act" means an agreement in the form of a licence, a permit or an agreement referred to in section 12 of the Forest Act or a pulpwood agreement;
"agreement under the Range Act" means an agreement in the form of a licence or permit referred to in section 3 of the Range Act;
"board" means the Forest Practices Board continued under section 136;
"commission" means the Forest Appeals Commission continued under section 194 of the Forest Practices Code of British Columbia Act;
"council" means the Forest Practices Advisory Council referred to in section 170;
"deactivate", in relation to a road, means to deactivate the road in accordance with the prescribed requirements;
"determination" means any act, decision, procedure, levy, finding, order or other determination made under this Act, the regulations or the standards by the minister or an official;
"forest practice" means each of the following activities carried out by the government or by a holder of an agreement under the Forest Act on private land subject to a tree farm licence, community forest agreement or a woodlot licence or on Crown forest land
(a) timber harvesting, road construction, road maintenance, road use, road deactivation, silviculture treatments, including grazing for the purposes of brushing, botanical forest product collecting and fire use, control and suppression;
(b) any other activity that is carried out by the government or by the holder of an agreement under the Forest Act;
"free growing stand" means a stand of healthy trees of a commercially valuable species, the growth of which is not impeded by competition from plants, shrubs or other trees;
"interpretive forest site" means an interpretive forest site established under section 56 of this Act or section 6 of the Forest Practices Code of British Columbia Act or designated under the Forest Act;
"minister" includes the minister's delegate;
"objectives set by government" means
(a) objectives prescribed under section 149 (1), or
(b) under section 93.4 of the Land Act by the minister responsible for the administration of the Land Act;
"official" means an employee in the
(a) ministry of the minister responsible for the administration of this Act, which employee is designated by name or title to be an official by that minister for the purpose of that provision,
(b) ministry of the minister responsible for the Wildlife Act, which employee is designated by name or title to be an official by that minister for the purpose of that provision, or
(c) Oil and Gas Commission who is designated by name or title to be an official by the minister responsible for the Oil and Gas Commission Act for the purpose of that provision;
"operational plan" means a forest stewardship plan, woodlot licence plan, range use plan or range stewardship plan;
"range development", in relation to the management for range purposes of range land or livestock, means
(a) a structure,
(b) an excavation,
(c) a livestock trail indicated in a range use plan or a range stewardship plan as a range development, or
(d) an improvement to forage quality or quantity on an area that results from
(i) the application of seed, fertilizer or prescribed fire to the area, or
(ii) the cultivation of the area;
"range practice" means
(a) if carried out on Crown range by the holder of an agreement under the Range Act,
(i) grazing of livestock,
(ii) cutting of hay,
(iii) activities related to grazing of livestock or cutting of hay, or
(iv) activities related to constructing, modifying or maintaining a range development, and
(b) if carried out on Crown range by a person other than a holder of an agreement under the Range Act, the activities related to constructing, modifying or maintaining a range development;
"recreation feature" means a biological, physical, cultural or historic feature that has recreational significance or value;
"recreation resource" means
(a) a recreation feature,
(b) a scenic or wilderness feature or setting that has recreational significance or value, or
(c) a recreation facility;
"recreation site" means a recreation site established under section 56 of this Act or section 6 of the Forest Practices Code of British Columbia Act or designated under the Forest Act;
"recreation trail" means a recreation trail established under section 56 of this Act, section 6 of the Forest Practices Code of British Columbia Act or designated under the Forest Act;
"seed" means any part of a forest tree represented, sold or used to grow a plant;
"special use permit" means a special use permit under the Forest Practices Code of British Columbia Act;
"standard" means a standard established by the chief forester under section 169;
"wildlife" means
(a) vertebrates that are mammals, birds, reptiles or amphibians and are prescribed as wildlife under the Wildlife Act,
(b) fish from or in the non-tidal waters of British Columbia, including
(i) vertebrates of the order Petromyzoniformes (lampreys) or class Osteichthyes (bony fishes), or
(ii) invertebrates of the subphylum Crustacea (crustaceans) or phylum Mollusca (mollusks), and
(c) invertebrates or plants listed by the Minister of Water, Land and Air Protection as endangered, threatened or vulnerable species,
and includes the eggs and juvenile stages of these vertebrates, invertebrates and plants.
(2) Words and expressions not defined in this Act have the meaning given to them in the Forest Act and the Range Act unless the context indicates otherwise.
2 (1) A reference in this Act to the minister or his or her designate, or to the minister or a person authorized by the minister, or any similar reference, does not mean that a reference to the minister alone requires the minister to deal with the matter personally, and a reference to the minister alone means a reference to the minister or an appropriate official of the ministry of the minister responsible for the administration of this Act.
(2) Each of the ministers responsible, respectively, for this Act, Part 7.1 of the Land Act and the Wildlife Act, in writing, may
(a) delegate a power or duty of that minister under this Act, including a quasi-judicial power or duty, but not including a prescribed power or duty, to a
(i) person employed in a ministry,
(ii) a class of persons employed in a ministry, or
(iii) an agent of the Crown,
and this Act, a regulation or a standard applies to the delegate as if the delegate were that minister,
(b) provide directions that are binding on the delegate respecting the exercise of the power or the performance of the duty or function, and
(c) vary or revoke a delegation or direction.
(3) Except in prescribed circumstances, a delegate under subsection (2) may subdelegate the power or duty to
(a) a person employed in a ministry,
(b) a class of persons employed in a ministry, or
(c) an agent of the Crown.
(4) Section 14 (2) of the Interpretation Act does not apply to this Act.
(5) Sections 71 (2) to (7) and 87 of this Act do not apply to the government.
Part 2 — Forest Stewardship Plan, Site Plan and Woodlot Licence Plan
Division 1 — Forest Stewardship Plan
3 (1) Before the holder of
(a) a major licence,
(b) a timber sale licence that requires its holder to prepare a forest stewardship plan,
(c) a community forest agreement,
(c.1) a community salvage licence, or
(d) a pulpwood agreement
harvests timber or constructs a road on land to which the agreement or licence applies, then, subject to section 4 (2), the holder must prepare, and obtain the minister's approval of, a forest stewardship plan that includes a forest development unit that entirely contains the area on which
(e) the timber is to be harvested, and
(f) the roads are to be constructed.
(2) Before the timber sales manager
(a) invites applications for, or enters into, a timber sale licence to which subsection (1) does not apply,
(b) grants a road permit to the holder of a timber sale licence referred to in paragraph (a), or
(c) constructs an access road to an area to be harvested under a timber sale licence referred to in paragraph (a),
then, subject to section 4 (2), the timber sales manager must prepare and obtain the minister's approval of a forest stewardship plan that includes a forest development unit that entirely contains the area
(d) that will be the subject of the activities described in paragraphs (a), (b) and (c) of this subsection, and
(e) on which timber is to be harvested and roads are to be constructed.
(3) Subsection (2) does not apply to a timber sale licence for timber harvested under the Park Act.
(4) A forest stewardship plan may apply to one or more of each of the following:
(a) holders of agreements under the Forest Act;
(b) agreements under the Forest Act;
(c) areas of land that are, or will be, subject to an agreement under the Forest Act.
4 (1) If a forest stewardship plan held by the holder of a licence or an agreement referred to in section 3 (1) or by the timber sales manager referred to in section 3 (2) does not apply to an area outside the forest development unit to which the plan pertains, in which area the holder or timber sales manager will harvest timber or construct a road, the holder or timber sales manager, as the case may be, is exempt in respect of the outside area from the requirement for a forest stewardship plan, but only for the following purposes:
(a) harvesting timber to eliminate a safety hazard;
(b) harvesting timber to facilitate the collection of seed, leaving an opening not greater than 1 ha;
(c) removing felled trees from landings and road rights of way;
(d) harvesting timber not exceeding a volume of 500 m3 that, in the opinion of the minister,
(i) is in danger of being significantly reduced in value, lost or destroyed, by insect infestation, fire or disease, or
(ii) has been treated or will be treated by the holder or timber sales manager to facilitate the entrapment or elimination of pests;
(e) other prescribed purposes.
(2) A person is not required to prepare a forest stewardship plan under section 3 (1) or (2) for timber to be harvested or roads to be constructed if the timber harvesting or the road construction
(a) is only for one or more of the purposes referred to in subsection (1) (a) to (e) of this section, or
(b) is to be carried out in prescribed circumstances or under prescribed conditions.
5 (1) A forest stewardship plan must
(a) include a map that
(i) uses a scale and format satisfactory to the minister, and
(ii) shows the boundaries of all forest development units,
(b) specify intended results or strategies, each in relation to
(i) objectives set by government, and
(ii) other objectives that are established under this Act or the regulations and that pertain to all or part of the area subject to the plan, and
(c) conform to prescribed requirements.
(1.1) The results and strategies referred to in subsection (1) (b) must be consistent to the prescribed extent with objectives set by government and with the other objectives referred to in section 5 (1) (b) .
(2) A forest stewardship plan must be consistent with timber harvesting rights granted by the government for any of the following to which the plan applies:
(a) the timber supply area;
(b) the community forest agreement area;
(c) the tree farm licence area;
(d) the pulpwood area.
(3) A forest stewardship plan or an amendment to a forest stewardship plan must be signed by the person required to prepare the plan, if an individual or, if a corporation, by an individual or the individuals authorized to sign on behalf of the corporation.
6 (1) The term of a forest stewardship plan
(a) is the period, not exceeding 5 years, that the person submitting the plan for approval specifies at the time of submission, and
(b) begins on the date specified in writing by the minister in approving the plan.
(2) The minister by written notice given to the holder may extend the term of a forest stewardship plan, before or after it expires for an additional period not exceeding 5 years in the circumstances specified by regulation.
(3) The extended forest stewardship plan may include changes to the extent authorized by regulation.
7 (1) A proposed forest stewardship plan must be considered to have received the minister's approval under section 16 (1) for the parts, if any, of the forest stewardship plan that pertain to
(a) a cutting permit, road permit or timber sale licence if the permit or licence is in effect on the date of the submission of the forest stewardship plan to the minister, or
(b) an area that conforms to the prescribed requirements.
(1.1) A proposed forest stewardship plan must be considered to have received the minister's approval under section 16 (1) for the parts, if any, of the plan, including but not limited to results and strategies described in it, that pertain to a forest development unit that is in effect on the date of the submission of the forest stewardship plan to the minister unless
(a) one or more of the following events occur during the period specified in subsection (2):
(i) an enactment applicable to the forest development unit is made or amended;
(ii) an objective set by government applicable to the forest development unit is established, varied or cancelled;
(iii) if specified by regulation, another objective applicable to the forest development unit is established, varied or cancelled by order under this Act or the regulations;
(iv) an area of land in or adjacent to the forest development unit is designated by order under the regulations as a community watershed;
(v) a community watershed in or adjacent to the forest development unit is varied or cancelled by order under the regulations;
(vi) timber in the vicinity of the forest development unit has suffered catastrophic damage, and
(b) the minister considers that the forest development unit is inconsistent with the events described in paragraph (a) that occur.
(2) The specified period under subsection (1.1) begins 4 months before the date the existing plan was submitted for approval and ends 4 months before the date the proposed plan was submitted for approval.
8 (1) Subject to subsection (2), the holder of a forest stewardship plan, within the applicable period under subsection (1.1), must propose and submit for approval by the minister, amendments to the plan that take into account an event described in section 7 (1.1) (a) (i), (ii) or (iii) that affects an area under the plan.
(1.1) The applicable period under subsection (1) is
(a) 2 years, or
(b) a longer period specified
(i) in an enactment referred to in section 7 (1.1) (a) (i),
(ii) in an objective set by government referred to in section 7 (1.1) (a) (ii), or
(iii) in an order referred to in section 7 (1.1) (a) (iii).
(2) If a different period than that described in subsection (1) is specified in relation to a forest stewardship plan for the purposes of this section in any
(a) objective for a wildlife habitat area established under the regulations, or
(b) objectives set by government referred to in paragraph (b) of the definition of that term in section 1 (1),
that different period applies to the forest stewardship plan instead of the period mentioned in subsection (1).
9 In prescribed circumstances, the minister may establish targets, in specified proportions between or among the holders of forest stewardship plans, for sharing the responsibility to obtain results consistent with objectives set by government.
10 (1) Except in prescribed circumstances, the holder of a forest stewardship plan must prepare a site plan in accordance with prescribed requirements for any
(a) cutblock before the start of timber harvesting on the cutblock, and
(b) road before the start of timber harvesting related to the road's construction.
(2) A site plan must
(a) identify the approximate locations of cutblocks and roads,
(b) be consistent with the forest stewardship plan, this Act and the regulations, and
(c) identify how the intended results or strategies described in the forest stewardship plan apply to the site.
(3) A site plan may apply to one or more cutblocks and roads whether within the area of one or more forest stewardship plans.
11 A holder of a site plan must make it publicly available on request at any reasonable time at the holder's place of business nearest to the area under the site plan.
Division 3 — Woodlot Licence Plan
12 (1) Before the holder of a woodlot licence harvests timber or constructs a road on land to which the licence applies, the holder must prepare, and obtain the minister's approval of, a woodlot licence plan that includes the area on which the timber is to be harvested and the roads are to be constructed.
(2) The holder of a woodlot licence may obtain a cutting permit or road permit only if it is consistent with a woodlot licence plan.
(3) Despite subsections (1) and (2), the minister, in the circumstances and on the conditions, if any, that are prescribed may authorize the holder of a woodlot licence to obtain a cutting permit or road permit
(a) to deal with a forest health emergency, or
(b) to harvest timber that has been damaged and is in danger of being significantly reduced in value, lost or destroyed.
13 (1) A woodlot licence plan must
(a) include a map that
(i) uses a scale and format satisfactory to the minister,
(ii) provides prescribed information about forest resources, and
(iii) shows the boundaries of areas for which the woodlot licence plan specifies intended results or strategies,
(b) except in prescribed circumstances, specify intended results or strategies, each in relation to
(i) objectives set by government, and
(ii) other objectives that are established under this Act or the regulations and that pertain to all or part of the area subject to the plan, and
(c) conform to prescribed requirements.
(2) A woodlot licence plan must be consistent with the objectives referred to in subsection (1) (b).
(3) A woodlot licence plan need not be consistent with objectives set by government to the extent that those objectives pertain to
(a) retention of old forest,
(b) seral stage distribution,
(c) landscape connectivity, or
(d) temporal and spatial distribution of cutblocks.
(4) A woodlot licence plan or an amendment to a woodlot licence plan must be signed by the person required to prepare the plan, if an individual or, if a corporation or band as defined in the Indian Act (Canada), by an individual or the individuals authorized to sign on behalf of the corporation.
14 (1) The term of a woodlot licence plan
(a) is 10 years, and
(b) begins on the date specified in writing by the minister in approving the plan.
(2) The minister must extend the term of a woodlot licence plan that conforms to prescribed requirements for an additional period of 10 years unless the holder, by written notice given to the minister at least 6 months before the expiry of the initial term, requests an extension for a specified shorter period, in which case the minister must extend the term for that shorter period.
(3) Before or after the expiration of a woodlot licence plan that does not conform to the prescribed requirements referred to in subsection (2), the minister may extend the term of the plan for a period or periods not exceeding 2 years in total.
(4) The extended woodlot licence plan may include changes to the extent authorized by regulation.
15 (1) In this section:
"amendment" means an amendment to a woodlot licence plan to make it consistent with an objective;
"objective" means
(a) an objective set by government, and
(b) an objective that is established under this Act or the regulations
but does not include an objective referred to in section 13 (3).
(2) No later than 5 years after the date an objective is established, the holder of a woodlot licence plan that becomes inconsistent with an objective must submit an amendment to the minister for approval.
(3) Despite subsection (2), the holder of a woodlot licence plan need not submit an amendment that pertains to a portion of the plan that is subject to
(a) a cutting permit, or
(b) a road permit
in effect immediately before the establishment of the objective.
16 (1) The minister must approve a forest stewardship plan or an amendment to a forest stewardship plan if it conforms to section 5.
(1.01) A forest stewardship plan or an amendment to a forest stewardship plan conforms to section 5 if
(a) a person with prescribed qualifications certifies that it conforms to section 5 in relation to prescribed subject matter, and
(b) the minister is satisfied that it conforms to section 5 in relation to subject matter not prescribed for the purpose of paragraph (a).
(1.1) The minister must approve a woodlot licence plan or an amendment to a woodlot licence plan if it conforms to section 13.
(1.2) A woodlot licence plan or an amendment to a woodlot licence plan conforms to section 13 if
(a) a person with prescribed qualifications, certifies that it conforms to section 13 in relation to prescribed subject matter, and
(b) the minister is satisfied that it conforms to section 13 in relation to subject matter not prescribed for the purpose of paragraph (a).
(2) Unless an enactment, whenever enacted, or an objective set by government, whenever established, includes a statement that it applies despite this subsection, a forest stewardship plan, a woodlot licence plan or an amendment to either submitted to the minister for approval must be considered to have conformed to this Act, the regulations, the standards and the objectives set by government if the plan or amendment conforms to the relevant provisions of this Act, the regulations, the standards and the objectives as they were 4 months before the date of the submission of the plan or amendment to the minister.
(2.1) Except in prescribed circumstances, before approving a plan or amendment, the minister may require the holder of a proposed plan or amendment to submit information that the minister reasonably requires in order to determine if the proposed plan or amendment conforms to subsection (1) or (1.1), whichever is applicable.
(3) The minister must give written reasons for refusing to approve a forest stewardship plan, a woodlot licence plan or an amendment to either.
(4) If the minister receives information that gives the minister reason to believe that a forest stewardship plan, woodlot licence plan, or an amendment to either, did not, at the time of its approval under this section, conform, in relation to
(a) the prescribed subject matter referred to in subsection (1.01) (a) to section 5, or
(b) the prescribed subject matter referred to in subsection (1.2) (a) to section 13
the minister, after giving the holder of the plan an opportunity to be heard,
(c) may determine whether the plan conformed, at the time of its approval, with,
(i) section 5 in relation to the subject matter mentioned in paragraph (a), or
(ii) section 13 in relation to the subject matter mentioned in paragraph (b), and
(d) in the case of a plan determined under paragraph (c) to be non-conforming, may order the holder to amend the plan to so conform, by a date specified in the order.
(5) The holder of a forest stewardship plan or woodlot licence plan who receives notice of an order made under subsection (4) must comply with the order.
17 If the minister determines that timber subject to a forest stewardship plan, a woodlot licence plan, or an amendment to either should be harvested without delay because it is in danger of being damaged, significantly reduced in value, lost or destroyed, the minister, in prescribed circumstances, may approve the plan or amendment even though the plan or amendment does not comply with section 16.
18 A person responsible for preparing a forest stewardship plan, a woodlot licence plan, or an amendment to either, if required by the regulations and then in accordance with the regulations, must make the plan or amendment publicly available for
(a) review, and
(b) comment
before submitting the plan or amendment to the minister for approval.
19 (1) An approval or a refusal to approve a forest stewardship plan, a woodlot licence plan or an amendment to either does not affect a cutting permit or road permit if the cutting permit or road permit is in effect immediately before the approval or refusal.
(2) Section 8 does not apply to the portion of the area to which a forest stewardship plan applies
(a) which portion is subject to a cutting permit, road permit or timber sale licence,
(b) over which portion a road referred to in subsection (4) is or has been constructed, or
(c) which portion conforms to prescribed criteria.
(3) An approval or a refusal to approve a forest stewardship plan or an amendment does not affect a timber sale licence that does not provide for cutting permits if the licence
(a) has been advertised before the approval or refusal, or
(b) is in effect immediately before the approval or refusal.
(4) An approval or a refusal to approve a forest stewardship plan or an amendment does not affect the minister's discretion under section 121 of the Forest Act to construct a road to provide access to an area to be harvested under a timber sale licence.
(5) [Repealed 2003-55-11.]
20 (1) Despite section 16, except in prescribed circumstances, an approval is not required to amend a forest stewardship plan or a woodlot licence plan if its holder determines that
(a) the proposed amendment
(i) conforms to section 5, for an amendment to a forest stewardship plan, or to section 13, for an amendment to a woodlot licence plan, and
(ii) does not materially change the intended results or strategies specified in the plan, or
(b) the proposed amendment conforms to prescribed requirements.
(2) The holder of a forest stewardship plan or a woodlot licence plan must provide the district manager with a copy of the amendment as soon as practicable after it has been incorporated in the plan.
(3) The minister may take action in accordance with the regulations if he or she considers that the decision under subsection (1) was wrongly made.
21 (1) The holder of a forest stewardship plan or a woodlot licence plan must ensure that the intended results specified in the plan are achieved and the strategies described in the plan are carried out.
(2) Despite the expiry of a forest stewardship plan or a woodlot licence plan, subsection (1) continues to apply to the holder of the expired plan if, in relation to any result, strategy or other provision of the plan that was in effect immediately before the expiry of the plan, there is no provision in another plan applicable to that holder for the same area to which the expired plan applied, that is identified as being a replacement for the result, strategy or other provision.
(3) For the purpose of the continued application of subsection (1) required by subsection (2), a forest stewardship plan or a woodlot licence plan may be amended as if unexpired.
22 (1) This Division does not apply to roads constructed or maintained under the Community Charter, the Highway Act, the Transportation Act, the Land Act, the Local Government Act or the Pipeline Act.
(2) A person must not use, construct, maintain or deactivate a road except in accordance with this Act, the regulations, the standards and any forest stewardship plan or a woodlot licence plan, if the road is
(a) a forest service road,
(b) in a Provincial forest,
(c) outside a Provincial forest for the purpose of providing access to timber on Crown land or on private land that is subject to an agreement, or
(d) subject to a requirement for a special use permit.
22.1 (1) A person must not use a road for
(a) timber harvesting, including the transportation of the timber or associated machinery, materials or personnel, or
(b) access for tree planting requiring more than 12 months to complete, or silvicultural treatments requiring transportation of machinery,
except in one or more of the following circumstances:
(c) the person
(i) is authorized to do so under a timber sale licence that does not provide for a cutting permit or under a woodlot licence, cutting permit or road permit, or
(ii) is exempted under subsection (4);
(d) the road is a forest service road, and the person is authorized to use the road under a road use permit or is exempted under subsection (4);
(e) the road is one for which another person has a timber sale licence that does not provide for a cutting permit or has a woodlot licence, cutting permit, road permit or special use permit.
(2) A person who is developing natural resources other than timber must not use a road for that purpose, including the transportation of the natural resources or associated machinery, materials or personnel, unless
(a) the road is located inside the boundary of a claim, lease, permit or other authorization granted or issued under the Coal Act, the Mineral Tenure Act, the Mines Act or the Mining Right of Way Act, and the road was built under the authority of one of those Acts,
(b) the road is located outside the boundary of a claim, lease, permit or other authorization granted or issued under an Act referred to in paragraph (a), and the person is authorized to use it by a special use permit or is exempted under subsection (4),
(c) the road is authorized under the Geothermal Resources Act, Petroleum and Natural Gas Act or Pipeline Act,
(d) the road is a forest service road, and the person is authorized to use the road under a road use permit or is exempted under subsection (4), or
(e) the road is one for which another person has a road permit, special use permit or woodlot licence.
(3) Subsections (1) (a) and (2) (d) do not apply to operations that are associated with, or are necessary to be carried out under, an agreement under the Range Act.
(4) The minister may grant an exemption
(a) referred to in subsection (1) (c) (ii) or (2) (b) if satisfied that the person's use of the road will not unnecessarily impact forest resources, or
(b) referred to in subsection (1) (d) or (2) (d) if satisfied that the person's use of the road will not
(i) unnecessarily impact forest resources,
(ii) materially affect the use of the road by others, or
(iii) materially increase the need for road maintenance.
(5) A person granted an exemption under subsection (4) must comply with any conditions of the exemption.
(6) A person who, under subsection (4), is granted an exemption referred to in subsection (1) (c) (ii) or (2) (b) must maintain the road for the duration of the person's use of the road in accordance with the regulations and any applicable forest stewardship plan or woodlot licence plan.
(7) A person who uses a road under subsection (1) (d) or (e) or (2) (d) or (e) must give at least 5 clear days notice of the date on which the person will begin to use the road
(a) to the holder of the applicable road permit, special use permit or woodlot licence, and
(b) for a forest service road,
(i) to the minister, and
(ii) in prescribed circumstances, to the person required to maintain the forest service road.
22.2 (1) Subject to subsections (2) to (4) and to regulations respecting roads made under the Industrial Roads Act, a road that is
(a) a forest service road, or
(b) constructed or maintained by the holder of a road permit or a woodlot licence
may be used by any person, other than a person referred to in section 22.1, without charge.
(2) The
(a) district manager, for a forest service road, or
(b) holder of a road permit or a woodlot licence, for a road under the permit or licence,
may take action under subsection (3) if
(c) use of the road under subsection (1) would likely
(i) cause significant damage to the road,
(ii) cause significant sediment delivery, or
(iii) endanger property, public health or public safety, or
(d) the presence on the road of a vehicle or animal would likely cause damage to the road or environment or endanger life or property.
(3) In the circumstances described in subsection (2),
(a) the district manager, for a forest service road, may
(i) close the road or restrict its use, or
(ii) remove a vehicle or an animal from the road at the expense of the owner of the vehicle or animal, and
(b) the holder of a road permit or a woodlot licence, for a road under the permit or licence,
(i) with the prior consent of the minister, may close the road or restrict its use, or
(ii) may remove a vehicle or an animal from the road at the expense of the owner of the vehicle or animal.
(4) The minister, in accordance with the regulations, may specify types of expenses that must be paid to
(a) government for a road referred to in subsection (1) (a),
(b) holders referred to in subsection (1) (b), or
(c) other persons who meet prescribed requirements
by a person, other than a person referred to in section 22.1, who uses a road or class of roads.
22.3 (1) By written notice under subsection (2), a holder of a road permit or of a woodlot licence, or, in prescribed circumstances, of a road use permit, may require payment, within the limits imposed under subsection (2), from a person who uses a road that is under the permit or licence for
(a) a purpose referred to in section 22.1 (1) or (2), or
(b) other prescribed purposes.
(2) A written notice under subsection (1) must specify
(a) that payment is required, and
(b) the amount of the payment, which amount must be limited to one or more of the following:
(i) a reasonable contribution to the expense of maintaining the road;
(ii) the reasonable expense of modifying the road to accommodate the special needs of the person;
(iii) the reasonable expense of repairing any damage to the road caused by the person's use of the road.
(3) If the holder of the road permit, road use permit or woodlot licence who gives a written notice under subsection (1) and the person who receives the notice do not agree on what amount of payment should be required, the holder and the person must submit that question for resolution
(a) by an agreed process of dispute resolution, or
(b) by binding arbitration under the Commercial Arbitration Act.
(4) A person who receives a written notice under subsection (1) is liable to the holder of the permit or licence who gave the notice for payment of the amount that is
(a) specified in the notice, or
(b) determined under subsection (3) in a case to which that subsection applies.
23 (1) A person must obtain the consent of the minister before connecting a road to a forest service road.
(2) Subsection (1) does not apply to the government.
24 Despite section 42 of the Transportation Act, a road constructed or maintained under this Act, the Forest Act, the former Act as defined in section 1 of the Forest Act or the Forest Practices Code of British Columbia Act is not a public highway unless the Lieutenant Governor in Council declares it to be by an order in council that he or she may make under this Act.
25 The minister may exempt a person in writing from specified provisions of this Act, the regulations or the standards if the minister considers it necessary or desirable so that the person may follow a course of action specified by the minister for the purposes of limiting or mitigating or both limiting and mitigating the spread of forest pests.
26 (1) If the minister determines that a forested area on private land is being damaged by insects, diseases, animals or abiotic factors, the minister, by written notice given to the owner, may require the owner to submit, for that forested area, a proposal that conforms to subsection (3) to control or dispose of the insects, diseases, animals or abiotic factors.
(2) If the minister determines that on a forested area on Crown land that is subject to
(a) a forest stewardship plan,
(b) a woodlot licence plan, or
(c) another prescribed operational plan
there are insects, diseases, animals or abiotic factors that are causing damage to the forest, the minister, by written notice given to the holder of the plan, may require the holder to submit, for that forested area, a proposal that conforms to subsection (3) to control or dispose of the insects, diseases, animals or abiotic factors.
(3) An owner required under subsection (1), or a holder required under subsection (2), to submit a proposal must
(a) submit the proposal to the minister within the period specified by the minister,
(b) in the proposal, specify reasonable measures to be carried out for that forested area by the owner or holder, as the case may be, to control or dispose of the insects, diseases, animals or abiotic factors, and
(c) state the time frame within which the measures are to be completed.
(4) The minister may approve or reject a proposal received in response to the minister's written notice given under subsection (1) or (2).
(5) If the minister approves a proposal under subsection (3), the owner or holder who made the proposal must carry out the measures specified in the proposal.
(6) By order, given to
(a) an owner of private land referred to in subsection (1), or
(b) a holder of a plan referred to in subsection (2)
who does not submit a proposal as required under subsection (1) or (2) or who does not comply with subsection (5), the minister may require the owner or holder to carry out measures specified in the order by a date specified in the order.
(7) If the minister
(a) approves a proposal submitted under subsection (3), or
(b) makes an order under subsection (6),
and considers it necessary or desirable to facilitate the carrying out of the proposal or order, the minister may exempt the affected owner or holder from complying with one or more provisions of this Act, the regulations, the standards, an agreement under the Forest Act, a forest stewardship plan or a woodlot licence plan.
(8) If the minister makes an order under subsection (6) that is inconsistent with a provision of this Act, the regulations, the standards, an agreement under the Forest Act, a forest stewardship plan or a woodlot licence plan, the minister, in making the order, must exempt the owner or holder from that provision.
(9) If a proposal approved, or an order made, by the minister under this section requires the holder of an agreement under the Forest Act to carry out a measure other than timber harvesting, then to the extent provided in the regulations, the expenses of the measure are to be paid by the government.
27 (1) If the Lieutenant Governor in Council considers that a forest health emergency exists in an area of Crown land or private land, he or she may designate the area by regulation as a forest health emergency management area.
(2) The minister may order
(a) the holder of an agreement under the Forest Act that authorizes timber harvesting in the emergency management area, or
(b) the timber sales manager
to carry out measures in the emergency management area, limited in the case of the holder, to the area of the holders agreement, to prevent, contain or limit the spread of forest health factors.
(3) An order under subsection (2) must specify
(a) the measures to be carried out,
(b) the date by which the measures must be completed, and
(c) the person's right to a review under section 80 or to an appeal under section 82.
(4) A person is exempt from any provisions of this Act, the regulations, the standards, an agreement under the Forest Act, a forest stewardship plan or a woodlot licence plan that, if complied with, would prevent the person from carrying out the measures referred to in subsection (2).
(5) If an order made by the minister under this section requires the holder of an agreement under the Forest Act or the timber sales manager to carry out a measure other than timber harvesting, then to the extent provided in the regulations, the expenses of the measure are to be paid by the government.
Division 4 — Silviculture and Gene Resources
28 Trees established on Crown land under section 29 or 30 of this Act are the property of the government.
29 (1) A holder of a major licence or community forest agreement who harvests timber to which a forest stewardship plan applies must establish in accordance with the plan, the prescribed requirements and the standards, a free growing stand on those portions of the area of the harvest that are in the net area to be reforested.
(2) If the timber sales manager
(a) has authorized the harvesting of timber under a timber sale licence that requires its holder to prepare a forest stewardship plan, or
(b) is the holder of a forest stewardship plan,
he or she must establish in accordance with the plan, the prescribed requirements and the standards, a free growing stand on those portions of the area of the harvest under the plan that are in the net area to be reforested.
(3) A holder of a woodlot licence who harvests timber under the licence must establish a free growing stand on those portions of the area of the harvest that are in the net area to be reforested in accordance with
(a) the woodlot licence plan, if any, that is pertinent to the licence,
(b) the prescribed requirements, and
(c) the standards.
(4) [Repealed 2003-55-18.]
(5) to (10)[Repealed 2004-36-89.]
29.1 (1) A person who, under section 29 or Part 11, has an obligation to establish a free growing stand may transfer the obligation to another person by agreement if
(a) the agreement to transfer is in writing,
(b) the transfer meets the prescribed requirements, and
(c) the parties to the agreement submit it to the minister and the minister approves it.
(2) An agreement referred to in subsection (1) has no effect if it does not receive the minister's approval under subsection (1) (c).
(3) A person to whom an obligation to establish a free growing stand was transferred by agreement under this section may transfer the obligation by agreement to another person if
(a) the latter agreement to transfer is in writing,
(b) the transfer meets the prescribed requirements, and
(c) the parties to the latter agreement submit it to the minister and the minister approves it.
(4) An agreement referred to in subsection (3) has no effect if it does not receive the minister's approval under subsection (3) (c).
(5) Without limiting subsections (1) (b) and (3) (b), the transfer must include the stocking requirements that pertain to the area.
(6) A person to whom an obligation to establish a free growing stand is transferred under this section may amend the stocking requirements that pertain to the area.
(7) If the minister approves an agreement under subsection (1) (c) or (3) (c), the person who transferred the obligation is no longer required, as of the date of the approval, to meet the obligation.
(8) If the minister approves an agreement under subsection (1) (c) or (3) (c) and the person to whom the obligation is transferred is the holder of an agreement listed in section 12 of the Forest Act,
(a) the transferred obligation is conclusively deemed to be an obligation under the holder's agreement, and
(b) any security provided in respect of the holder's agreement is conclusively deemed to be security for the purposes of the transferred obligation,
except in prescribed circumstances. Free growing stands for non-replaceable licences
30 (1) In this section, "licence holder" means a person who
(a) is the holder of a timber licence, forestry licence to cut, non-replaceable forest licence, non-replaceable woodlot licence or non-replaceable timber sale licence,
(b) is not the holder of a replaceable tree farm licence or a replaceable forest licence,
(c) has an obligation under section 29 to establish a free growing stand on an area harvested under the timber licence, forestry licence to cut, non-replaceable forest licence, non-replaceable woodlot licence or non-replaceable timber sale licence, and
(d) meets prescribed requirements, if any.
(2) A licence holder may request that the government assume responsibility for carrying out the obligation under section 29 to establish a free growing stand
(a) by notice given to the district manager, or
(b) by notice given to the timber sales manager if the licence is a
(i) non-replaceable forest licence, or
(ii) forestry licence to cut
that is a BC timber sales agreement.
(3) By notice given to a licence holder within a prescribed period after the holder has made a request under subsection (2), the district manager or timber sales manager in the case of a BC timber sales agreement, may assume on behalf of the government the responsibility for establishing the free growing stand if all of the following requirements have been met:
(a) the licence holder has completed timber harvesting on the area and the district manager or a timber sales manager in the case of a BC timber sales agreement, is satisfied with the way the timber harvesting has been carried out;
(b) the district manager or a timber sales manager in the case of a BC timber sales agreement is satisfied that the licence holder
(i) is in compliance with this Act, regulations and standards with respect to the area, or
(ii) has remedied any contraventions of this Act, regulations or standards on the area that the minister required to be remedied;
(c) the licence holder has paid the government an amount that the district manager or a timber sales manager in the case of a BC timber sales agreement determines will pay the costs of establishing the free growing stand and any other directly or indirectly associated costs;
(d) other prescribed requirements.
(4) Money collected by the government under subsection (3) must be paid into the Silviculture Payments Sub-account of the Forest Stand Management Fund special account established by the Special Accounts Appropriation and Control Act.
(5) A licence holder to whom notice has been given within the prescribed period referred to in subsection (3) ceases to be responsible for the obligation under section 29 to establish a free growing stand on the first date, after completion of timber harvesting, as described in subsection (3) (a), on which the requirements set out or referred to in subsection (3) (b) to (d) have all been fulfilled.
(6) Compensation is not payable to the government or licence holder for any difference between the amount paid under subsection (3), and the actual costs incurred by the government both directly and indirectly to establish the free growing stand.
(7) A receipt of a request under subsection (2) does not require
(a) the district manager, or
(b) the timber sales manager
to assume, on behalf of government, the obligation under section 29 to establish a free growing stand.
31 A person required to establish a free growing stand must ensure that seed used for that purpose conforms to prescribed requirements.
Division 1 — Range Use Plan and Range Stewardship Plan
32 (1) Before the holder of an agreement under the Range Act grazes livestock or cuts hay on Crown range to which the agreement applies, the holder must prepare, and obtain the minister's approval of,
(a) a range use plan, or
(b) if subsection (2) applies, a range stewardship plan
that includes the area on which the grazing or hay cutting will occur.
(2) The minister may authorize the holder of an agreement under the Range Act to prepare a range stewardship plan
(a) that does not include the matters described in section 35 (2) if satisfied that the holder has demonstrated competence in the management of Crown range for at least 2 years, or
(b) that includes the matters described in section 35 (2), if satisfied that the holder has demonstrated competence in the management of Crown range for at least 5 years.
(3) Without restricting subsection (2), in determining whether a person has demonstrated competence the minister must consider
(a) the person's performance record,
(b) the condition of the Crown range to which the range stewardship plan would apply, and whether the person has maintained or improved forage quality and quantity on the Crown range, and
(c) prescribed matters.
(4) Unless a holder of an agreement under the Range Act is notified by the minister that he or she is considering matters preliminary to granting an authorization under subsection (2), the minister is deemed to have authorized the holder under subsection (2) in respect of a range stewardship plan for an area if the holder
(a) has a range stewardship plan for the area that is in effect, and
(b) is preparing a range stewardship plan that is consistent with the range stewardship plan in effect in respect of including or not including the matters described in section 32 (2).
33 (1) A range use plan for grazing of livestock must
(a) include a map of a scale and format satisfactory to the minister that
(i) shows the area for the agreement under the Range Act that pertains to the plan,
(ii) specifies the location and type of range developments in that area, and
(iii) specifies the pastures that are in that area,
(b) include a schedule that describes for each pasture to be used for grazing of livestock,
(i) the livestock class,
(ii) the number of livestock, and
(iii) the period of use,
(c) specify actions to be carried out in the area under the plan to deal with issues identified by the minister,
(d) conform to prescribed requirements, and
(e) be consistent with objectives set by government and other objectives that are established under this Act or the regulations and that pertain to all or part of the area subject to the plan.
(2) A range use plan for grazing of livestock or an amendment to a range use plan for grazing of livestock must be signed by the person required to prepare the plan, if an individual or, if a corporation, by an individual or the individuals authorized to sign on behalf of the corporation.
34 (1) A range use plan for hay cutting, must
(a) include a map of a scale and format satisfactory to the minister that
(i) shows the area for the agreement under the Range Act that pertains to the plan,
(ii) specifies the location and type of range developments in that area, and
(iii) the areas for hay cutting,
(b) include a schedule that describes for each area to be used for hay cutting
(i) the average stubble height for the area to be cut, and
(ii) the period of hay cutting,
(c) specify actions to be carried out in that area to deal with issues identified by the minister,
(d) conform to prescribed requirements, and
(e) be consistent with objectives set by government and other objectives that are established under this Act or the regulations and that pertain to all or part of the area subject to the plan.
(2) A range use plan for hay cutting or an amendment to a range use plan for hay cutting must be signed by the person required to prepare the plan, if an individual or, if a corporation, by an individual or the individuals authorized to sign on behalf of the corporation.
35 (1) A range stewardship plan must
(a) include a map of a scale and format satisfactory to the minister that
(i) shows the area for the agreement under the Range Act that pertains to the plan,
(ii) specifies the location and type of range developments in that area, and
(iii) specifies the pastures that are in that area,
(b) specify actions to be carried out in the area under the plan to deal with issues identified by the minister,
(c) conform to prescribed requirements, subject to subsection (2), and
(d) be consistent with objectives set by government and other objectives that are established under this Act or the regulations and that pertain to all or part of the area subject to the plan.
(2) If the minister is satisfied as set out in section 32 (2) (b) as to the competence of the holder of a range stewardship plan or an amendment to a range stewardship plan the holder of the plan may specify intended results or strategies to achieve them.
(3) The intended results or strategies specified under subsection (2) may differ from the prescribed requirements referred to in subsection (1) as the minister, at the time of approval of the plan, considers to be appropriate in the circumstances.
(4) A range stewardship plan or an amendment to a range stewardship plan must be signed by the person required to prepare the plan, if an individual or, if a corporation, by an individual or the individuals authorized to sign on behalf of the corporation.
36 (1) The term of a range use plan or range stewardship plan is the period, not exceeding 5 years, that the minister specifies at the time of approval.
(2) Despite subsection (1), the minister, in the circumstances and on the conditions, if any, that are prescribed may extend the term of a range use plan or range stewardship plan for an additional period not exceeding 5 years.
(3) The extended range use plan or extended range stewardship plan may include changes to the extent authorized by regulation.
37 (1) The minister must approve a range use plan, a range stewardship plan or an amendment to either if the minister determines that the plan or amendment
(a) is consistent with the agreement under the Range Act that pertains to the plan, and
(b) conforms to this Act, the regulations and the standards.
(2) Unless a regulation whenever enacted or an objective of government, whenever established, includes a statement that it applies despite this subsection, a range use plan or range stewardship plan submitted to the minister for approval must be considered to have been prepared in accordance with this Act and the regulations if the plan conforms to the relevant provisions of the Act and regulations as they were 4 months before the date of the submission of the plan to the minister.
(3) The minister or the person seeking approval of a range use plan, a range stewardship plan or an amendment to either may refer the plan to an advisory committee for its recommendations, and the minister may consider those recommendations when making a determination under subsection (1).
(4) The minister must give reasons for refusing to approve a range use plan, a range stewardship plan or an amendment to either.
38 (1) The holder of a range stewardship plan that includes the matters described in section 35 (2), must ensure that the strategies or actions specified in the plan continue during the term of the plan to be sufficient to achieve the intended results specified in the plan.
(2) The holder of
(a) a range stewardship plan that does not include the matters described in section 35 (2), or
(b) a range use plan
must ensure that the actions specified in the plan to deal with issues identified by the minister continue during the term of the plan to be sufficient to deal with those issues.
(3) The holder of a range stewardship plan described in subsection (1) who knows or reasonably ought to know that the strategies or actions specified in the plan, are not sufficient to achieve the intended results specified in the plan, must prepare and submit to the minister an amendment to the plan so that the plan, as approved, is sufficient to achieve those intended results.
(4) The holder of a range stewardship plan described in subsection (2) (a) or a range use plan mentioned in subsection (2) (b) who knows or reasonably ought to know that the actions specified in the plan are not sufficient to deal with issues identified by the minister must amend the plan so that it is sufficient to deal with those issues.
(5) The holder of a range use plan or range stewardship plan, if and as directed by order of the minister, must prepare and submit an amendment to the plan to take into account prescribed circumstances.