Bill 7 — 2010: Forests and Range Statutes Amendment Act, 2010

HONOURABLE PAT BELL
MINISTER OF FORESTS AND RANGE AND MINISTER
RESPONSIBLE FOR THE INTEGRATED
LAND MANAGEMENT BUREAU

BILL 7 — 2010

FORESTS AND RANGE STATUTES AMENDMENT ACT, 2010

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

SECTION 1: [Forest Act, section 8] is consequential to the addition of Division 3.01 of Part 4 of the Act by this Bill.

(a) by adding "that" before "portions" and by striking out "attributable to" and substituting "are attributable to one or more of the following:",

(b) in paragraphs (a) and (b) by striking out "timber and terrain" and substituting "timber or terrain", and

SECTION 2: [Forest Act, section 59.1] allows the Lieutenant Governor in Council to prescribe, by regulation, the maximum term of innovative forestry practices agreements.

(a) in subsection (3) (a) by striking out "not exceeding 15 years," and substituting "not exceeding the term prescribed in a regulation made under subsection (4) (c),",

(b) in subsection (4) by striking out "specifying" and substituting "as follows:",

(c) in subsection (4) (a) by adding "specifying" before "the innovative" and by striking out "subsection (1), and" and substituting "subsection (1);",

(d) in subsection (4) (b) by adding "specifying" before "the agreements", and

SECTION 3: [Forest Act, Division 3.01 of Part 4] adds a new Division 3.01 that incorporates amendments to the provisions originally enacted by section 26 of the Greenhouse Gas Reduction (Emissions Standards) Statutes Amendment Act, 2008, as follows:

removes references to forestry licences to cut;
under the definition of "exempted licence", provides that only forest licences may be exempted and removes the ability to exempt particular licence numbers;
under the definition of "harvested volume", provides for the accounting of timber sold on the basis of cruises of the timber before the timber is cut;
authorizes harvested volume limits to be attributed to replacement forest licences and replacement tree farm licences;
removes the limitation that an order specifying harvested volume limits may only be made within one year of an allowable annual cut partition;
clarifies that the minister may increase or waive a harvested volume limit specified for a forest licence or tree farm licence;
adds a section that lists and expands on some of the regulation making powers.

Definitions

"allowable annual cut partition" means a portion of the allowable annual cut for a timber supply area or tree farm licence area that is specified by the chief forester under section 8 (5);

"base-level allowable annual cut" means the allowable annual cut that is prescribed for the purposes of this Division;

(a) specifies an allowable annual cut that is less than the base-level allowable annual cut, or

"harvested volume", in relation to a licence to which an order made under section 75.02 applies, means the total of the timber volumes attributed to the licence in statements issued on behalf of the government to the holder of the licence during the term of the order, less prescribed downward adjustments, if any, to those volumes.

(2) In the definition of "harvested volume" in subsection (1), "timber volumes" means the following volumes:

(i) the volume of timber cut under the licence and under road permits associated with the licence, and

(ii) the volume of timber estimated to be wasted or damaged under the licence and under road permits associated with the licence;

(b) if the timber volume is calculated using information from a cruise of the timber before the timber is cut, the volume of timber calculated to have been cut under the licence and under road permits associated with the licence;

(c) the volume of timber attributed to the licence by the regional manager or district manager under a regulation made under section 75.1 (3) (b) or 75.11 (2) (a).

Partition order

75.02 (1) In subsections (2) and (3), "forest licence" means a forest licence that is not an exempted licence.

(2) If the chief forester specifies an allowable annual cut partition for a timber supply area, the minister, by order, may, if he or she considers it necessary to ensure the attribution specified in the partition is carried out, specify a limit on the harvested volume for each forest licence in the timber supply area in respect of one or more of the following:

(a) a type of timber or terrain in parts of Crown land within the timber supply area;

(3) If the chief forester specifies an allowable annual cut partition for a tree farm licence area, the minister, by order, may, if he or she considers it necessary to ensure the attribution specified in the partition is carried out, specify a limit on the harvested volume for

(i) a type of timber or terrain in parts of Crown land within the tree farm licence area;

(iii) a type of timber or terrain in different parts of private land within the tree farm licence area, and

(b) each forest licence in the tree farm licence area, in respect of one or more of the following:

(i) a type of timber or terrain in parts of Crown land within the tree farm licence area;

(4) A limit on the harvested volume for a forest licence or tree farm licence must be determined in accordance with the regulations.

(6) The regional manager must serve a copy of an order made under this section on the holder of a licence to which the order relates, but the order is not invalid only because it is not served.

(7) Subject to an increase or waiver under section 75.03, the holder of a licence to which an order made under this section applies must ensure that the harvested volume under the licence does not exceed the harvested volume limit specified for that licence in the order.

Increase or waiver of harvested volume limit in order

75.03 (1) On request of the holder of a licence to which an order made under section 75.02 applies, the minister may increase or waive the harvested volume limit specified for that licence if the minister is satisfied that the reasons for the increase or waiver meet prescribed criteria.

Consolidation, subdivision or replacement of licences subject to an order

75.04 (1) In this section, "original licence" means a forest licence or tree farm licence to which an order made under section 75.02 applies.

(2) If an original licence is replaced under section 19 or 39 by 2 or more other licences, the harvested volume that, before the replacement, was charged to the original licence must be charged to the other licences by allocating that volume among the other licences by the method set out in subsection (3).

(3) The part of the harvested volume to be allocated among each of the other licences must be determined by multiplying that volume by the fraction obtained by dividing the allowable annual cut of that other licence by the allowable annual cut of the original licence.

(4) If 2 or more licences are replaced under section 19 or 39 by one other licence, the harvested volume that, before the replacement, was charged to the original licences must be charged to the other licence.

(5) The minister must amend an order made under section 75.02 to account for an allocation of volume under subsection (2) of this section or a charging of volume under subsection (4) of this section.

(6) If an original licence is a forest licence that is replaced by another forest licence under section 15 or if an original licence is a tree farm licence that is replaced by another tree farm licence under section 36,

(a) the harvested volume that, before the replacement, was charged to the original licence must be charged to the replacement licence, and

(b) the order made under section 75.02 in respect of the original licence applies to the replacement licence as if the replacement licence were the original licence.

Penalty for non-compliance with minister's order

75.05 (1) If the harvested volume limit specified for a licence in an order made under section 75.02 is exceeded, the licence holder must pay to the government the penalty determined under subsection (2) of this section.

(3) A penalty under this section is in addition to stumpage payable or another penalty under this Act or another enactment.

Relief from penalty

75.06 (1) On request of the holder of a licence to which an order made under section 75.02 applies, the minister may grant relief from a penalty imposed under section 75.05 if the minister is satisfied that the reasons for the relief meet prescribed criteria.

(a) be submitted within 90 days after the date the penalty is imposed under section 75.05 (1),

Regulation making powers

75.07 (1) Without limiting Division 3 of Part 12, the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing the allowable annual cut referred to in the definition of "base-level allowable annual cut" in section 75.01;

(b) prescribing conditions for the purposes of paragraph (b) of the definition of "exempted licence" in section 75.01;

(c) prescribing percentages or amounts by which the timber volumes attributed to a licence in statements referred to in the definition of "harvested volume" in section 75.01 (1) must be adjusted downward to take into account grades of timber included in the timber volumes described in section 75.01 (2) (a);

(d) specifying the criteria, circumstances, rules, methods or formulas to be used to determine limits on harvested volume under section 75.02;

(e) prescribing criteria for increasing or waiving a harvested volume limit for the purposes of section 75.03;

(g) prescribing criteria for relief from penalty for the purposes of section 75.06.

(2) A percentage prescribed under subsection (1) (c) may be any percentage within the range of 0% to 100%.

(3) A rate prescribed under subsection (1) (f) may be different for different portions of the volume referred to in section 75.05 (2) (a).

SECTION 4: [Forest Act, section 75.1] is consequential to the addition of Division 3.01 of Part 4 of the Act by this Bill.

(i) the volume of timber cut under the licence and under road permits associated with the licence, and

(ii) the volume of timber estimated to be wasted or damaged under the licence and under road permits associated with the licence;

SECTION 5: [Forest Act, section 80] is consequential to the addition of Division 3.01 of Part 4 of the Act by this Bill.

5 Section 80 (3) is amended by striking out "under section 75.1," and substituting "under section 75.02, 75.1,".

SECTION 6: [Forest Act, section 93] repeals and replaces the definition of "scale".

6 Section 93 is amended by repealing the definition of "scale" and substituting the following:

SECTION 7: [Forest Act, section 94] amends the section as follows:

to provide that the minister, instead of the regional manager, the district manager or a forest officer, may grant exemptions;
to make amendments to reflect the addition of section 94.1 of the Act by this Bill;
to expand the exemption power to include persons;
to harmonize the language of the condition-granting power with section 95 (4) of the Act.

(a) in subsection (1) by striking out "A person" and substituting "Subject to section 94.1, a person",

(6) The minister may attach conditions to an exemption under subsection (5) and may attach, remove or alter a condition at any time.

SECTION 8: [Forest Act, sections 94, 97 and 100] replaces references to officials with references to the minister.

8 Sections 94 (1) and (2), 97 (5) and (6) and 100 (3) are amended by striking out "regional manager, district manager or a forest officer authorized by either of them" wherever it appears and substituting "minister".

SECTION 9: [Forest Act, section 94.1] adds a section respecting the scaling of special forest products.

Scaling of special forest products

94.1 (1) In this section, "waste assessment" means an assessment, for determining the volumes of merchantable timber and waste left on a harvested area, conducted in accordance with the procedures set out in the publication of the Ministry of Forests and Range, Provincial Logging Residue and Waste Measurement Procedures Manual, as amended from time to time.

(2) If timber is to be manufactured into a special forest product at the place where the timber is felled, the special forest product may be scaled instead of the timber.

(3) A person may, for timber that is cut from Crown land and that under the terms of the authority to cut is required to be scaled,

(a) transport the timber to a place other than the place where it is required to be sent for scaling if the timber is to be manufactured into a special forest product at that place, or

(b) at a place other than the place where the timber is felled, manufacture timber into a special forest product before it is scaled,

(e) the person scales the special forest product at a scale site designated by the minister, which may include the site at which the timber is manufactured into the special forest product.

(4) The minister may attach conditions to an authorization granted under subsection (3), and may attach, remove or alter a condition at any time.

(5) A person who is subject to a condition imposed under subsection (4) must comply with the condition.

SECTION 10: [Forest Act, section 95] replaces a reference to officials with a reference to the minister.

10 Section 95 (2) is amended by striking out "a regional manager, district manager or forest officer" and substituting "the minister".

SECTION 11: [Forest Act, sections 95 and 99] replaces references to officials with references to the minister.

11 Sections 95 (3) (b) and (4) and 99 (4) are amended by striking out "regional manager, district manager or forest officer" and substituting "minister".

SECTION 12: [Forest Act, sections 95, 99 and 102] replaces references to officials with references to the minister.

12 Sections 95 (6), 99 (1) and 102 (1) (a) are amended by striking out "regional manager or district manager" and substituting "minister".

SECTION 13: [Forest Act, sections 96 and 100 to 102] replaces references to the chief forester with references to the minister.

13 Sections 96 and 100 to 102 are amended by striking out "chief forester" wherever it appears and substituting "minister".

SECTION 14: [Forest Act, section 97] replaces a reference to the regional manager with a reference to the minister.

14 Section 97 (7) is amended by striking out "regional manager" and substituting "minister".

SECTION 15: [Forest Act, section 103] ensures that the amount of stumpage payable in respect of timber is based on the stumpage rate applicable to the affected timber regardless of when that stumpage rate is finally established.

p>SECTION 16: [Forest Act, section 105]

recognizes that the policies and procedures approved by the minister are not targeted at any one forest region,
expressly provides that the policies and procedures may provide that the determination, redetermination or variation of a stumpage rate for stumpage paid or payable in respect of timber cut under a cutting authority issued after July 31, 2005 is effective at any date established by the policies and procedures, whether before or after the harvesting or scaling of the timber in respect of which the stumpage has been or is to be paid or before or after any previous payment of stumpage in relation to the affected timber, and
requires publication of the policies and procedures rather than filing them with the regional manager.

(2) Rates, policies and procedures under subsection (1) may be different for different timber, places, transactions or holders of agreements entered into under this Act, and the policies and procedures referred to in subsection (1) may, for stumpage paid or payable in respect of timber cut under a cutting authority issued after July 31, 2005, provide that the determination, redetermination or variation of a rate of stumpage is effective at any date, including, without limitation, at any date before or after

(a) the harvesting or scaling of the timber in respect of which the stumpage has been or is to be paid, or

(b) the payment of stumpage based on any earlier determined, redetermined or varied rate of stumpage.

(2.1) For the purposes of subsection (2), "cutting authority" has the same meaning as in the policies and procedures approved under subsection (1) (c).

(5) Within 30 days after the minister approves the policies and procedures referred to in subsection (1) (c), they must be posted on a publicly accessible government website or published in any other manner that the minister considers will allow the public to have access to those policies and procedures.

SECTION 17: [Forest and Range Practices Act, section 67] is consequential to the addition of section 94.1 of the Forest Act by this Bill.

17 Section 67 of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is amended

(ii) is being or has been manufactured, sold or transported contrary to section 94 or 94.1 of the Forest Act, ,

SECTION 18: [Greenhouse Gas Reduction (Emissions Standards) Statutes Amendment Act, 2008, sections 26 and 28] repeals not-in-force amendments to the Forest Act.

18 Sections 26 and 28 of the Greenhouse Gas Reduction (Emissions Standards) Statutes Amendment Act, 2008, S.B.C. 2008, c. 20, are repealed.

SECTION 19: [Greenhouse Gas Reduction (Emissions Standards) Statutes Amendment Act, 2008, section 29] consequential to the amendments to the Forest Act, replaces a reference to officials with a reference to the minister.

19 Section 29, as it enacts section 94 (3.1) of the Forest Act, R.S.B.C. 1996, c. 157, is amended by striking out "specified by the regional manager or district manager or a forest officer authorized by either of them." and substituting "specified by the minister."

SECTION 20: [Greenhouse Gas Reduction (Emissions Standards) Statutes Amendment Act, 2008, section 30] is consequential to the addition of section 94.1 of the Forest Act by this Bill.

20 Section 30, as it amends section 96 (1) (b) of the Forest Act, is amended by repealing subparagraph (ii) and substituting the following:

(ii) for processed timber referred to in section 94 (3.1) or special forest products referred to in section 94.1 (2) or (3), in the unit of metric measure required by the minister.

SECTION 21: [Wildfire Act, section 3] adds a prohibition against starting a fire so that a person is prohibited from both starting a fire and risking starting a fire on forest or grass land.

21 Section 3 (1) of the Wildfire Act, S.B.C. 2004, c. 31, is amended by adding "start or" before "risk starting an open fire".

SECTION 22: [Wildfire Act, section 17] requires a person who receives compensation from the government for fire control costs to repay the government if the minister determines that the person caused or contributed to the cause of the fire.

(3.1) Either before or after compensation is paid under subsection (1) or (2), the minister, after giving a person referred to in subsection (1) or (2) an opportunity to be heard, may by order determine that the person, or a person acting on the person's behalf, caused or contributed to a fire or to the spread of a fire.

(4) If the minister determines by order under subsection (3.1) that a person or a person acting on the person's behalf caused or contributed to a fire or to the spread of a fire, compensation is not payable under subsection (1) or (2) to that person in respect of that fire.

(4.1) If the minister determines by order under subsection (3.1) that a person or a person acting on the person's behalf caused or contributed to a fire or to the spread of a fire and the government has already paid compensation to that person under subsection (1) or (2), the person must repay to the government the amount paid by the government. , and

(b) in subsection (5) by striking out "subsection (4) to the person who is the subject of the order, accompanied by a copy of the order and informing the person of" and substituting "subsection (3.1) to the person who is the subject of the order, accompanied by a copy of the order and informing the person of the following:", by striking out "and" at the end of paragraph (a), and by adding the following paragraph:

(a.1) if the order is made after compensation has been paid to the person under subsection (1) or (2),

(i) the amount of compensation that was paid by the government under subsection (1) or (2) and must be repaid by the person to the government, and

(ii) the person's liability under section 130 of the Forest Act to pay to the government the amount described under subparagraph (i) of this paragraph; .

SECTION 23: [Wildfire Act, section 30] provides that the defence of due diligence is available to a person who might otherwise be automatically liable for a contravention by an employee or contractor.

23 Section 30 (1) is amended by striking out "If" and substituting "Subject to section 29, if".

SECTION 24: [Wildfire Act, sections 33 and 42] extends from 2 years to 3 years the limitation period in each section.

24 Sections 33 (1) and 42 (1) are amended by striking out "2 years" and substituting "3 years".

SECTION 25: [Wildfire Act, sections 35 and 37] is consequential to dividing subsection (4) of section 17 of the Act into subsections 17 (3.1) and (4).

25 Sections 35 (1) (a) and 37 (1) are amended by striking out "17 (4)" and substituting "17 (3.1)".

Commencement

26 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Explanatory Notes