1995 Legislative Session: 4th Session, 35th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE ANDREW PETTER
MINISTER OF FORESTS
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 of the Forest Practices Code of British Columbia Act, S.B.C. 1994, c. 41, is amended
(a) in subsection (1) by adding the following definitions:
"community watershed" means a community watershed under section 41 (8);
"grazing schedule" means a schedule that sets out the class and number of livestock that can use an area described in the schedule, the dates the livestock can use the area and other prescribed information;
"natural range barrier" means a river, rock face, dense timber or any other naturally occurring feature that stops or significantly impedes livestock movement to and from an adjacent area; ,
(b) in subsection (1) in the definition of "forest practice" by adding "road use," after "road maintenance,",
(c) in subsection (1) by repealing paragraphs (a) and (b) in the definition of "higher level plan" and substituting the following:
(a) a plan formulated pursuant to section 4 (c) of the Ministry of Forests Act and designated as a higher level plan by the district manager in accordance with direction from the chief forester,
(b) a management plan designated as a higher level plan by
(i) the chief forester, for tree farm licences, and
(ii) the regional manager, for other agreements under the Forest Act ,
(d) in subsection (1) by repealing the definition of "range development" and substituting the following definition:
"range development" means
(a) a structure or excavation related to the management, for range purposes, of range land or livestock, and
(b) a practice, excluding grazing, that is designed to improve range conditions or facilitate more efficient use of range land for range purposes; , and
(e) by adding the following subsection:
(6) With respect to a logging plan, a reference to the district manager in the Act or the regulations includes a reference to a designated forest official authorized by the district manager to act on behalf of the district manager.
2 Section 9 is repealed and the following substituted:
9 (1) If an objective, specification or measure in a management plan differs from those provided under this Act, the regulations, the standards or the objectives established under this Part, the more stringent objective, specification or measure prevails.
(2) If, having regard to the factors listed in subsection (5), the chief forester determines that a management plan for a tree farm licence does not satisfactorily provide for an inventory of the forest, recreation and cultural heritage resources of the tree farm licence area, the chief forester may give a notice to the holder of the licence requiring the holder of the licence to compile and submit the inventories set out in the notice.
(3) The notice given under subsection (2) may specify the following requirements:
(a) the manner in which the inventories are prepared;
(b) the format in which the inventories are presented;
(c) the specifications the inventories must meet;
(d) the date the inventories must be submitted to the chief forester.
(4) In addition to compiling any inventories required under the management plan, the holder of the tree farm licence must compile and submit the inventories required in the notice given under subsection (2) and comply with any requirements referred to in subsection (3) that are set out in the notice.
(5) The chief forester may determine that a management plan for a tree farm licence does not satisfactorily provide for an inventory of the forest, recreation and cultural heritage resources of the tree farm licence area if, in the opinion of the chief forester, inventories prepared in accordance with the management plan would not provide sufficient information to adequately
(a) establish and carry out higher level plans,
(b) prepare and carry out operational plans,
(c) manage and conserve the forest, recreation and cultural heritage resources of the tree farm licence area, and
(d) assess the impact that managing the resources referred to in paragraph (c) would have on the timber supply for the tree farm licence area.
3 Section 11 is amended
(a) by adding "and" at the end of paragraph (a) and by repealing paragraph (b) (ii), and
(b) in paragraph (b) (iii) by striking out "how rehabilitation will be carried out for" and substituting "how methods for rehabilitation will be carried out for temporary roads,".
4 Section 12 is amended
(a) by repealing paragraph (b) (i) to (iii) and substituting the following:
(i) forest development plan, and
(ii) higher level plan. , and
(b) by repealing paragraph (c) and substituting the following:
(c) if it is a silviculture prescription referred to in section 23, be consistent with any higher level plan in effect when the silviculture prescription is approved or given effect under Division 5 of this Part, and .
5 Section 13 (b) is repealed and the following substituted:
(b) be consistent with any higher level plan in effect when the stand management prescription is approved or given effect under Division 5 of this Part, and .
6 Section 16 (a) is repealed and the following substituted:
(a) include
(i) for the range land under the plan, a description of
(A) grazing and hay cutting activities that will be carried out on the area,
(B) range developments that will be constructed or carried out on the area, and
(C) matters required by regulation, and
(ii) for unfenced grazing land under the plan, a grazing schedule, and .
7 Section 19 (1) is repealed and the following substituted:
(1) A holder of a major licence or a woodlot licence may only apply for a cutting permit, and a holder of a pulpwood agreement may only apply for a timber sale licence, if a forest development plan identifies
(a) the cutblocks to be harvested under the cutting permit or licence, and
(b) the location of existing and proposed roads that provide access to the cutblocks.
8 Section 21 is amended
(a) in subsection (2) by striking out ", a road permit", and
(b) by adding the following subsection:
(3) The district manager may require the holder of a road permit to prepare a logging plan before harvesting timber under the road permit if the district manager determines that the logging plan is necessary to adequately manage and conserve the forest resources of British Columbia.
9 Section 24 is amended by adding the following subsection:
(3) Despite subsection (2), the holder of a woodlot licence need not prepare a stand management prescription to carry out a silviculture treatment on a free growing stand if the treatment is carried out on private land within the woodlot licence area and the treatment is not paid for by the government or a Crown corporation or other agent of the government.
10 Section 27 (1) is repealed and the following substituted:
(1) The holder of an agreement under the Range Act must prepare and obtain the district manager's approval of a range use plan before the holder
(a) grazes livestock, cuts hay or constructs or carries out range developments on range land to which the agreement applies, or
(b) grazes livestock on unfenced grazing land.
11 Section 29 (2) is amended by striking out ", road permit".
12 Section 31 is amended by adding the following subsection:
(3) The district manager may exempt a person referred to in section 23 from the requirement for a silviculture prescription if the district manager is satisfied that the person will carry out only planting to supplement previous planting or natural regeneration.
13 Section 35 (1) (b) is amended by adding ", unless the plan is a range use plan," after "under the plan".
14 Section 41 (8) is repealed and the following substituted:
(8) "community watershed" means
(a) the drainage area above the most downstream point of diversion on a stream for a water use that is for human consumption and that is licensed under the Water Act for
(i) a waterworks purpose, or
(ii) a domestic purpose if the licence is held by or is subject to the control of a water users' community incorporated under the Water Act
if the drainage area is not more than 500 km2 and the water licence was issued before June 15, 1995, or
(b) an area that is designated as a community watershed under subsection (10).
(9) In this section "domestic purpose" and "waterworks purpose" have the meaning given to them in the Water Act.
(10) The regional manager may designate an area as a community watershed if
(a) in the opinion of the regional manager and a designated environment official it should be designated as a community watershed,
(b) the area is all or part of the drainage area above the most downstream point of diversion for a water use that is for human consumption and that is licensed under the Water Act for a domestic purpose or a waterworks purpose, and
(c) the area is not an area referred to in subsection (8) (a).
(11) With the agreement of a designated environment official, the regional manager may by written order vary or cancel an area's status as a community watershed whether the area is defined to be a community watershed under subsection (8) (a) or designated to be a community watershed under subsection (10).
(12) Before designating an area as a community watershed under subsection (10) or varying or cancelling the status of a community watershed under subsection (11), the regional manager must provide for review and comment in accordance with the regulations.
(13) The regional manager must make available at the regional office for the area in which the community watershed is located any order that designates, varies or cancels a community watershed.
15 Section 46 (4) is amended by striking out everything after "disturbed portion of the area" and substituting "in accordance with the regulations and standards."
16 Section 47 (5) is amended by striking out everything after "must rehabilitate the area" and substituting "in accordance with the regulations and standards."
17 Section 51 (1) (c) is repealed and the following substituted:
(c) a range development that is a structure or excavation; .
18 Section 54 is amended
(a) in subsection (1) by striking out "or road use permit." and substituting ", road use permit, special use permit, cutting permit or timber sale licence that does not provide for cutting permits.", and
(b) by adding the following subsection:
(6) A person who uses a road on Crown land for timber harvesting and related forest practices must do so in accordance with all of the following:
(a) this Act, the regulations and the standards;
(b) any forest development plan or access management plan;
(c) any cutting permit, road permit, road use permit, special use permit or timber sale licence that does not provide for cutting permits.
19 Section 60 (1) is amended by adding ", a timber sale licence that does not provide for cutting permits" after "a cutting permit".
20 Section 63 is amended
(a) in subsection (1) by striking out "A person who uses a road under the authority of a road permit" and substituting "Subject to subsection (4.1) a person who uses a road under the authority of a road permit, a timber sale licence that does not provide for cutting permits",
(b) by repealing subsection (2) and substituting the following:
(2) A person who is required to maintain a road under subsection (1), (4.1) or (6) must maintain it in accordance with the requirements of
(a) any forest development plan or access management plan,
(b) the Act, regulations and standards, and
(c) the cutting permit, road permit, timber sale licence that does not provide for cutting permits, road use permit or special use permit. ,
(c) by adding the following subsection:
(4.1) The district manager may require the holder of a road use permit that authorizes the use of a road for which there is an active road permit to assume all or part of the responsibility for maintaining the road. ,
(d) in subsection (5) by striking out "The district manager" and substituting "Subject to subsection (6) the district manager", and
(e) by adding the following subsection:
(6) The district manager may require the holder of a road use permit that authorizes the use of a forest service road to assume all or part of the responsibility for maintaining the road.
21 Section 64 (1) and (2) is amended by adding ", timber sale licence that does not provide for cutting permits" after "cutting permit" wherever it appears.
22 Section 68 (1) is amended by adding ", range use plan" after "logging plan".
23 Section 69 is repealed and the following substituted:
69 If a person carries out a forest practice that directly or indirectly removes or renders ineffective a natural range barrier, the person who removes the natural range barrier or who renders it ineffective must take measures specified by the district manager to mitigate the effect of the removal or ineffectiveness.
24 Section 70 is amended
(a) by repealing subsection (4) (b) and substituting the following:
(b) not exceed the limit for forest floor displacement or reduction specified in the regulations and the prescription; , and
(b) in subsection (4) by repealing paragraphs (d) and (e) and substituting the following:
(d) by the regeneration date specified in the prescription meet, and after that date maintain, the stocking requirements for that date in the regulations and the prescription;
(e) within the free growing assessment period specified in the prescription, establish a free growing stand that meets the stocking requirements in the regulations and the prescription; .
25 The following section is added:
70.1 (1) In this section "holder of a prescription" means a person
(a) who prepared and obtained approval for a silviculture prescription after a prescribed date for an area harvested under a timber licence, non-replaceable forest licence or non- replaceable woodlot licence and who does not hold a replaceable tree farm licence or forest licence, and
(b) who meets prescribed requirements, if any.
(2) By notice given to the district manager the holder of a prescription may request that the government assume responsibility for carrying out the prescription referred to in subsection (1).
(3) By notice given to a person who has made a request under subsection (2) the district manager may assume on behalf of the government the responsibility for carrying out the prescription if all of the following requirements have been met:
(a) the holder of the prescription has completed timber harvesting on the area under the prescription and the district manager is satisfied with the way the timber harvesting has been carried out;
(b) the district manager is satisfied that the holder of the prescription
(i) is in compliance with the Act, regulations and standards with respect to the area under the prescription, or
(ii) has remedied any contraventions of the Act, regulations or standards on the area under the silviculture prescription that the district manager required to be remedied;
(c) the holder of the prescription has paid the government an amount that the district manager determines will pay the costs of carrying out the silviculture prescription 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 Forest Stand Management Fund special account established by the Special Accounts Appropriation and Control Act.
(5) After the district manager has given notice under subsection (3) to the holder of the prescription
(a) the prescription is deemed to be a prescription prepared under section 22 (1), and
(b) the holder of the prescription is no longer responsible for obligations under the prescription assumed by the government.
(6) Compensation is not payable to the government or the holder of the prescription for any difference between the amount the person who holds the prescription paid under subsection (3) and the actual costs incurred by the government both directly and indirectly to carry out the prescription.
26 Section 73 is amended
(a) in subsection (1) by striking out "cuts hay or constructs or carries out" and substituting "cuts hay, constructs, carries out or maintains", and
(b) by repealing subsection (2) and substituting the following:
(2) Without limiting subsection (1), the holder of an agreement under the Range Act must, with respect to range land,
(a) not construct or carry out a range development until the proposed development has
(i) been approved by the district manager in accordance with the regulations, and
(ii) been shown on a map of the site,
(b) construct, carry out or maintain range developments in accordance with the regulations and with specifications approved by the district manager, and
(c) remove range developments and rehabilitate areas subject to range development, if the district manager, in accordance with the regulations, directs the holder to do so.
27 Section 74 is repealed and the following substituted:
74 (1) In this section "registered brand" means a brand registered under the Livestock Brand Act.
(2) The holder of an agreement under the Range Act that authorizes grazing must ensure that all livestock authorized to graze on Crown range under the agreement are
(a) marked with the holder's registered brand or marked in another manner approved by the district manager, and
(b) identified by a mark or tag designating them as animals pastured under the agreement, if the district manager requires it.
28 Section 91 (1) is amended by striking out "1 km" and substituting "300 m".
29 Section 92 (1) (a) is amended by striking out "forest district office," and substituting "regional manager, district manager, designated forest official or person answering a forest fire reporting telephone number,".
30 Section 95 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Subject to subsections (2), (4), (5) and (7), a person who carries out initial fire suppression under section 92 or who complies with an order issued under section 94 must be compensated by the government in an amount determined by a designated forest official in accordance with the regulations. ,
(b) in subsections (2) and (3) by striking out "the regional manager" wherever it appears and substituting "a designated forest official", and
(c) by repealing subsection (5) and substituting the following:
(5) The government is not liable to compensate a person for carrying out initial fire suppression activities under section 92 if a designated forest official has determined under subsection (2) of this section that the person or the person's employee
(a) caused the fire,
(b) failed to comply with section 92, or
(c) failed to comply with the regulations and that failure contributed to the cause or spread of the fire.
31 Section 98 is amended by striking out "ridden or".
32 Section 104 is amended by striking out "dealer's" and substituting "buyer's".
33 Section 116 is amended
(a) in subsection (1) by adding ", or person authorized by the official," after "the official",
(b) by repealing subsections (2) and (3) and substituting the following:
(2) If livestock are held under subsection (1),
(a) an official may return the livestock to the owner on payment of the reasonable costs of driving, rounding up, seizing, tranquilizing, holding, maintaining and returning the livestock or of disposing of a destroyed animal, or
(b) the district manager may sell the livestock in accordance with the regulations.
(3) A district manager, an official and a person authorized by an official must take reasonable care of livestock while driving, rounding up, seizing, tranquilizing, holding, returning or selling them under this section. , and
(c) in subsection (4) (b) (i) by striking out "regional manager or".
34 Section 119 (1) (b) is amended by striking out "an amount equal to 2 times" and substituting "2 times".
35 Section 120 is amended by striking out "regional manager" and substituting "designated forest official".
36 Section 121 (1) is amended by adding ", designated forest official" after "district manager".
37 Section 129 is amended by repealing subsection (1) and substituting the following:
(1) If a request for a review is received by a review official under section 127 or 128 (3), the review must be conducted by one or more persons employed under the Public Service Act.
38 Section 143 is amended
(a) in subsection (3) by striking out "54 (1), (2) or (3)," and substituting "54 (1), (2), (3) or (6)," and by striking out "102 (1),",
(b) in subsection (4) by adding "102 (1)," before "104",
(c) by repealing subsection (6) (b) and substituting the following:
(b) a person convicted of an offence for a contravention of a regulation or standard is liable to a fine not exceeding a maximum amount or to imprisonment not exceeding a maximum length or to both. , and
(d) by adding the following subsection:
(7) If the maximum fine or imprisonment provided by a regulation under subsection (6) (b) is less than that provided by a provision of this Act, the regulation prevails.
39 Section 193 is amended by adding "or" at the end of paragraph (a), by striking out "Act, or" in paragraph (b) and substituting "Act." and by repealing paragraph (c).
40 Section 198 is amended
(a) in subsection (1) by striking out "as authorized by" and substituting "referred to in", and
(b) in subsection (2) (a) and (b) by striking out "are".
41 The following section is added:
203.1 (1) The Lieutenant Governor in Council may make regulations respecting the criteria that a person must use in exercising a discretionary power conferred on the person under this Act.
(2) Criteria prescribed under subsection (1) are in addition to any criteria required by this Act.
42 Section 205 is amended by striking out "respecting the use of" and substituting "respecting".
43 Section 209 (2) is amended by striking out "and" at the end of paragraph (a) and by adding the following:
(c) collection, drying, processing, registration, transportation, purchase, sale, disposition and standards of quality of tree cones, tree seeds, vegetative propagules and vegetative material, and
(d) rehabilitation of areas that fail to comply with a prescription.
44 Section 214 (1) is amended by striking out everything after "including" and substituting the following:
(a) fire precautions to be taken in relation to plants, machinery and equipment in or near forests and in relation to railways and utilities, and
(b) site rehabilitation.
45 Section 215 is amended
(a) in subsection (1) by striking out "dealer's" and substituting "buyer's", and
(b) in subsection (2) by striking out "Without limiting subsection (2) the Lieutenant Governor in Council" and substituting "The Lieutenant Governor in Council".
46 Section 224 is amended
(a) in subsection (1) (d) by adding ", or other authorized person," after "district manager",
(b) in subsection (1) (e) by adding "or other authorized person," after "district manager,", and
(c) by adding the following subsection:
(7) Subject to sections 225 and 226, if a provision in an operational plan referred to in subsections (2) to
(5) is inconsistent with a provision in the Act, regulations or standards, the operational plan prevails during the 2 year period after the Act comes into force, after which the Act, regulations and standards prevail.
47 Section 225 (1) (c) is amended by adding ", cutting permit or timber sale licence under a pulpwood agreement" after "road permit".
48 The following section is added to Division 3 of Part 11:
228.1 Subject to sections 225 and 226, if a provision in an operational plan or amendment to an operational plan referred to in sections 228 (1) (a), 229 (1), 230, 231 (1) and (2), 232 (1), 233 (1), 234 (1) and 236 (1) is inconsistent with a provision in the Act, regulations or standards, the operational plan or amendment prevails during the 2 year period after the Act comes into force, after which the Act, regulations and standards prevail.
49 Section 231 (1) and (2) (b) is amended by striking out "sections 10 and 11" and substituting "sections 10 to 14".
50 Section 236 is amended by adding the following subsection:
(3) Despite section 27, a range use plan approved under subsections (1) and (2) may be for a term less than that specified in section 27.
51 The heading to Division 5 of Part 11 is repealed and the following is substituted:
Division 5 -- Timber Sale Licences, Licences to Cut and Free Use Permits .
52 Section 240 is amended
(a) in subsection (2) by striking out "resource management objectives, landscape unit objectives and standards set under this Act," and substituting "resource management zone objectives, landscape unit objectives, sensitive area objectives and this Act, the regulations and standards,",
(b) in subsection (3) by striking out "resource management objectives, landscape unit objectives and standards." and substituting "resource management zone objectives, landscape unit objectives, sensitive area objectives and this Act, the regulations and standards.", and
(c) by repealing subsection (4) and substituting the following:
(4) If, as a result of the district manager exercising powers under subsection (2) or (3) or section 226 (6), the total cruised volume of timber on the area of land designated for harvest under the timber sale licence is less than the cruised volume of timber on the area of land designated for harvest before the exercise of these powers, the district manager may, by way of compensation, amend the timber sale licence to grant the right to harvest an additional area of land, provided the total cruised volume of timber on the area of land designated for harvest under the amended timber sale licence does not exceed the total cruised volume of timber on the area of land designated for harvest before the exercise of the powers under subsection (2) or (3) or section 226 (6).
53 Section 259 (b) is amended in the amendment to section 28 (1) (d) (i) of the Forest Act by striking out "registered".
54 Section 271 (a) is amended by adding "or road use permit" after "agreement" wherever it appears in subsections (1) and (2) in the amendment to section 59 of the Forest Act.
55 Section 271 (c) is repealed and the following substituted:
(c) by repealing subsection (5) and substituting the following:
(5) On the application of the holder of the agreement or road use permit the regional manager or district manager shall reinstate rights suspended under this section if the holder is performing his or her obligations and is complying with this Act and the regulations, and the Forest Practices Code of British Columbia Act and the regulations and the standards made under that Act.
56 Section 274 is amended by striking out "Section 62 (c)" and substituting "Section 62 (1) (c)".
57 Section 275 is amended in the substituted section 63.1
(a) in subsection (1) (b) (i) by striking out everything after "money payable" and substituting "to the Crown by the due date under section 141,",
(b) in subsection (1) (b) (ii) by striking out "in respect of the agreement",
(c) in subsection (1) (b) (iii) (B) by adding "or road use permit" after "road permit", and
(d) by repealing subsection (3) and substituting the following:
(3) To the extent provided for in the regulations, the minister, regional manager or district manager, as the case may be, may reject an application for an agreement listed in section 10 or for a permit under this Act or the Forest Practices Code of British Columbia Act if
(a) rights under
(i) an agreement listed in section 10 held by the applicant, or
(ii) a permit under this Act or the Forest Practices Code of British Columbia Act held by the applicant are under suspension,
(b) the applicant has failed to pay stumpage or other money payable to the Crown by the due date under section 141, and
(c) the applicant, in respect of an agreement listed in section 10 or a permit under this Act or the Forest Practices Code of British Columbia Act held by the applicant, has failed to provide, perform or comply as referred to in subsection (1) (b) (ii), (iii) or (iv).
58 Section 292 is amended by adding "(k)," after "(g),".
59 Section 61 of the Forest Act, R.S.B.C. 1979, c. 140, is amended
(a) in subsection (1) (b) by adding "or road use permit" after "cancel an agreement", and
(b) in subsections (1) (c) and (2) by adding "or road use permit" after "agreement".
60 Section 62 (2) is amended by striking out "or road permit" and substituting ", road permit or road use permit".
61 Section 7 of the Special Accounts Appropriation and Control Act, S.B.C. 1988, c. 26, is repealed and the following substituted:
7 (1) Amounts paid into the Forest Stand Management Fund special account under section 70.1 of the Forest Practices Code of British Columbia Act and earnings calculated and attributable to those amounts form a sub-account, called the Silviculture Payments Sub-account.
(2) Despite section 18 (3) of the Financial Administration Act, the Minister of Forests may expend amounts out of the Silviculture Payments Sub-account for a purpose related to carrying out a silviculture prescription under section 70.1 of the Forest Practices Code of British Columbia Act and expenses directly or indirectly related to that purpose.
(3) Amounts received as contributions to the Forest Stand Management Fund, other than amounts referred to in subsection (1),
(a) under an appropriation,
(b) from the Government of Canada, municipalities, the forest industry, forest sector unions and others, and
(c) under the levy imposed under section 4 of the Forest Stand Management Fund Act,
must be paid into the Forest Stand Management Fund special account and those amounts and the earnings calculated and attributable to those amounts form a sub-account called the Forest and Range Sub-account.
(4) Despite section 18 (3) of the Financial Administration Act, the Minister of Forests may expend amounts out of the Forest and Range Sub-account for a purpose related to
(a) the management and enhancement of forests, forest lands and range lands, and
(b) employment and training opportunities related to paragraph (a).
62 Section 160 (4) to (7) of the Forest Practices Code of British Columbia Act applies to this Act.
63 The following regulations are confirmed and validated effective June 15, 1995:
(a) the Forest Fire Prevention and Suppression Regulation, B.C. Reg. 169/95;
(b) the Forest Recreation Regulation, B.C. Reg. 171/95;
(c) the Forest Road Regulation, B.C. Reg. 172/95;
(d) the Range Practices Regulation, B.C. Reg. 177/95;
(e) the Silviculture Practices Regulation, B.C. Reg. 179/95;
(f) the Tree Cone, Seed and Vegetative Material Regulation, B.C. Reg. 164/95.
64 (1) This Act comes into force by regulation of the Lieutenant Governor in Council.
(2) When section 63 is brought into force by regulation it is deemed to have come into force on June 15, 1995 and is retroactive to the extent necessary to give it effect on and after that date.
SECTION 1: [Forest Practices Code of British Columbia Act, amends section 1]
(a) provides that "community watershed" has the meaning given to that term in section 41 (8) of the Act and adds definitions of "grazing schedule" and "natural range barrier" consequential to other amendments made by this Bill;
(b) changes the definition of "forest practice" to include industrial road use;
(c) provides that
a plan formulated under section 4 (c) of the Ministry of Forests Act becomes a higher level plan when designated as a higher level plan by the district manager in accordance with a direction from the chief forester, and
a management plan becomes a higher level plan when designated by the chief forester, if it is a management plan for a tree farm licence, or by the regional manager, if it is another type of management plan;
(d) clarifies the definition of "range development";
(e) adds subsection (6) enabling a designated forest official authorized by the district manager to act on behalf of the district manager regarding logging plans.
SECTION 2: [Forest Practices Code of British Columbia Act, reenacts section 9] enables the chief forester to require tree farm licence holders to compile and submit an inventory of the forest, recreation and cultural heritage resources of the tree farm licence area if the management plan for the tree farm licence does not sufficiently provide for these inventories.
SECTION 3: [Forest Practices Code of British Columbia Act, amends section 11]
SECTION 4: [Forest Practices Code of British Columbia Act, amends section 12] removes a requirement that silviculture prescriptions be consistent with 5 year silviculture plans.
SECTION 5: [Forest Practices Code of British Columbia Act, reenacts section 13 (b)] removes the requirement that stand management prescriptions be consistent with 5 year silviculture plans.
SECTION 6: [Forest Practices Code of British Columbia Act, reenacts section 16 (a)] provides that only a grazing schedule is required for unfenced grazing land covered by a range use plan.
SECTION 7: [Forest Practices Code of British Columbia Act, reenacts section 19 (1)] requires the holder of a pulpwood agreement to prepare a forest development plan before applying for a timber sale licence under the agreement.
SECTION 8: [Forest Practices Code of British Columbia Act, amends section 21] removes the requirement that a person must prepare a logging plan before harvesting timber under a road permit, but enables the district manager to require a logging plan under a road permit.
SECTION 9: [Forest Practices Code of British Columbia Act, amends section 24] relieves a woodlot licence holder from the requirement to prepare a stand management prescription for a silviculture treatment carried out on the private land portion of the woodlot licence that is not paid for by the government or a Crown corporation.
SECTION 10: [Forest Practices Code of British Columbia Act, reenacts section 27 (1)] is consequential to the amendment to section 16 of the Act made by this Bill.
SECTION 11: [Forest Practices Code of British Columbia Act, amends section 29 (2)] removes a reference to a road permit, consequential to the amendment to of the Act made by section 8 of this Bill.
SECTION 12: [Forest Practices Code of British Columbia Act, amends section 31] authorizes the district manager to grant an exemption from the requirement to prepare a silviculture prescription for silviculture treatments on backlog areas if the only silviculture treatment to be carried out is fill planting.
SECTION 13: [Forest Practices Code of British Columbia Act, amends section 35 (1)] removes a requirement that all operations cease under a range use plan while the plan is being amended.
SECTION 14: [Forest Practices Code of British Columbia Act, reenacts section 41 (8)] makes a number of changes to the definition of "community watershed" as follows:
SECTION 15: [Forest Practices Code of British Columbia Act, amends section 46 (4)] requires a person who causes greater soil disturbance than permitted under the silviculture prescription to rehabilitate the disturbed area in accordance with the regulations.
SECTION 16: [Forest Practices Code of British Columbia Act, amends section 47 (5)] requires a person who causes greater disbursed disturbance than permitted under the silviculture prescription to rehabilitate the disturbed area in accordance with the regulations.
SECTION 17: [Forest Practices Code of British Columbia Act, reenacts section 51 (1) (c)] restricts the application of the section to range developments that are structures or excavations.
SECTION 18: [Forest Practices Code of British Columbia Act, amends section 54]
(a) enables a special use permit, cutting permit or timber sale licence to authorize use of a road for industrial purposes, and
(b) requires a person who uses a road for industrial purposes to use the road in accordance with the Act, operational plans and any permit held by the person.
SECTION 19: [Forest Practices Code of British Columbia Act, amends section 60 (1)] applies road layout and design requirements to roads constructed under a timber sale licence that does not provide for cutting permits.
SECTION 20: [Forest Practices Code of British Columbia Act, amends section 63]
SECTION 21: [Forest Practices Code of British Columbia Act, amends section 64] applies road deactivation requirements to persons who use a road under a timber sale licence that does not provide for cutting permits.
SECTION 22: [Forest Practices Code of British Columbia Act, amends section 68 (1)] allows a range use plan to be used to authorize the construction of an excavated or bladed trail.
SECTION 23: [Forest Practices Code of British Columbia Act, reenacts section 69] authorizes the district manager to require a person to remedy the removal of a natural range barrier if the removal was caused by any forest practice, rather than just timber harvesting.
SECTION 24: [Forest Practices Code of British Columbia Act, amends section 70]
(a) replaces a requirement to not exceed the limit for soil disturbance in the prescription with a requirement to not exceed the limit for forest floor displacement or reduction in the regulations and the prescription, and
(b) requires a person who is responsible for carrying out a silviculture prescription to meet tree stocking requirements in the regulations.
SECTION 25: [Forest Practices Code of British Columbia Act, adds section 70.1]
SECTION 26: [Forest Practices Code of British Columbia Act, amends section 73] clarifies that a person must maintain range developments in accordance with the Act, regulations, standards, range use plan and district manager specifications, and restricts the application of subsection (2) to range land, consequential to the amendment to section 16 of the Act made by this Bill.
SECTION 27: [Forest Practices Code of British Columbia Act, reenacts section 74] adds a definition of "registered brand" and requires the holder of an agreement under the Range Act to mark livestock grazed under an agreement with the holder's brand.
SECTION 28: [Forest Practices Code of British Columbia Act, amends section 91 (1)] provides that fire preparedness responsibilities apply to persons carrying out an industrial activity within 300 metres of a forest rather than 1 kilometre.
SECTION 29: [Forest Practices Code of British Columbia Act, amends section 92 (1)] provides that an industrial operator must report a fire to the regional or district manager, designated forest official or forest fire telephone reporting number rather than to the forest district office.
SECTION 30: [Forest Practices Code of British Columbia Act, amends section 95]
SECTION 31: [Forest Practices Code of British Columbia Act, amends section 98] authorizes persons to ride livestock on Crown range without having to obtain an agreement or permit.
SECTION 32: [Forest Practices Code of British Columbia Act, amends section 104] replaces the term "dealer" with the term "buyer".
SECTION 33: [Forest Practices Code of British Columbia Act, amends section 116] changes who may do various tasks involved in seizing and selling livestock to improve the efficiency and administration of the process.
SECTION 34: [Forest Practices Code of British Columbia Act, amends section 119 (1)] strikes out a superfluous phrase.
SECTION 35: [Forest Practices Code of British Columbia Act, amends section 120] provides that a designated forest official rather than the regional manager may determine that a person caused a fire.
SECTION 36: [Forest Practices Code of British Columbia Act, amends section 121 (1)] enables a designated forest official to extend a date referred to in a notice of determination.
SECTION 37: [Forest Practices Code of British Columbia Act, reenacts section 129 (1)] corrects a grammatical error.
SECTION 38: [Forest Practices Code of British Columbia Act, amends section 143]
SECTION 39: [Forest Practices Code of British Columbia Act, amends section 193] authorizes the chair of the Forest Practices Board to delegate a power to require production of a record or disclosure of information.
SECTION 40: [Forest Practices Code of British Columbia Act, amends section 198] is a housekeeping amendment.
SECTION 41: [Forest Practices Code of British Columbia Act, adds section 203.1] authorizes the regulations to set out criteria a person must use in exercising a discretion under the Act.
SECTION 42: [Forest Practices Code of British Columbia Act, amends section 205] strikes out "the use of", providing broader regulation making powers regarding interpretive forest sites, recreation sites and recreation trails.
SECTION 43: [Forest Practices Code of British Columbia Act, amends section 209 (2)] provides regulation making powers regarding genetic material used for reforestation and rehabilitation of an area that fails to comply with a prescription.
SECTION 44: [Forest Practices Code of British Columbia Act, amends section 214 (1)] authorizes regulations to be made regarding rehabilitation of a site on which fire suppression has been carried out.
SECTION 45: [Forest Practices Code of British Columbia Act, amends section 215] changes the term "dealer's" to "buyer's", and removes a superfluous phrase.
SECTION 46: [Forest Practices Code of British Columbia Act, amends section 224]
SECTION 47: [Forest Practices Code of British Columbia Act, amends section 225 (1)] applies the review provisions under section 225 of the Act to roads built under cutting permits, or timber sale licences under pulpwood agreements.
SECTION 48: [Forest Practices Code of British Columbia Act, adds section 228.1] provides that operational plans or amendments to operational plans prepared in the 6 month period after the Act comes into force prevail over the Act, regulations and standards during the two year transitional period.
SECTION 49: [Forest Practices Code of British Columbia Act, amends section 231] provides that silviculture prescriptions prepared during the first 6 months after the Act comes into force are subject to public review and comment in accordance with the Silviculture Practices Regulation in force immediately before section 231 of the Act comes into force.
SECTION 50: [Forest Practices Code of British Columbia Act, amends section 236] authorizes the district manager to specify a term that is less than that specified in the Forest Practices Code of British Columbia Act for a range use plan during the transition period.
SECTION 51: [Forest Practices Code of British Columbia Act, reenacts the heading to Division 5 of Part 11] removes a reference to Christmas tree permits in the heading of division 5 of Part 11 of the Act.
SECTION 52: [Forest Practices Code of British Columbia Act, amends section 240]
SECTION 53: [Forest Practices Code of British Columbia Act, amends section 259 (b)] provides that a management plan for a tree farm licence must be prepared by a professional forester rather than a registered professional forester.
SECTION 54: [Forest Practices Code of British Columbia Act, reenacts section 271 (a)] enables suspension powers in section 59 of the Forest Act to apply to road use permits.
SECTION 55: [Forest Practices Code of British Columbia Act, reenacts section 271 (c)] enables rights under road use permits to be reinstated under section 59 of the Forest Act.
SECTION 56: [Forest Practices Code of British Columbia Act, amends section 274] corrects a section reference.
SECTION 57: [Forest Practices Code of British Columbia Act, reenacts section 275]
SECTION 58: [Forest Practices Code of British Columbia Act, amends section 292] deletes a regulation making power regarding tree seeds and cones consequential to the amendment to section 209 (2) of the Act made by this Bill.
SECTION 59: [Forest Act, amends section 61] enables cancellation powers in section 61 of the Forest Act to apply to road use permits.
SECTION 60: [Forest Act, amends section 62 (2)] enables provisions regarding continuing liability in section 62 of the Forest Act to apply to road use permit holders.
SECTION 61: [Special Accounts Appropriation and Control Act, reenacts section 7]
SECTION 62: [Transitional -- no compensation] provides that the government is not liable for losses caused by the enactment of this Bill.
SECTION 63: [Transitional -- validation of regulations] validates various regulations.
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