Bill 8 — 2008: Forests and Range Statutes Amendment Act, 2008

HONOURABLE RICH COLEMAN
MINISTER OF FORESTS AND RANGE AND
MINISTER RESPONSIBLE FOR HOUSING

BILL 8 — 2008

FORESTS AND RANGE STATUTES
AMENDMENT ACT, 2008

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, sections 15, 28, 33, 36, 43.4, 44, 46, 50, 72 and 73] removes unnecessary words for consistency in the Act.

1 Sections 15 (6) (a), 28 (4), 33 (9), 36 (6) (a), 43.4 (9) (a), 44 (9), 46 (7) (a), 50 (1), 72 (1) and (2) and 73 (1) of the Forest Act, R.S.B.C. 1996, c. 157, are amended by striking out "an agreement in the form of".

SECTION 2: [Forest Act, heading to Division 9 of Part 3] amends the heading to reflect that the Division deals only with free use permits.

2 The heading to Division 9 of Part 3 is repealed and the following substituted:

SECTION 3: [Forest Act, section 48]

(a) removes unnecessary words for consistency in the Act;

(b) allows a free use permit to be entered into with a person who requires Crown timber for a traditional or cultural activity and who is not selling the timber even if the person has sufficient accessible timber on their own land.

(a) in subsection (1) by striking out "An agreement in the form of a free use permit" and substituting "A free use permit", and

(b) in subsection (2) by adding "with an applicant described in subsection (1) (a) to (f)" after "a free use permit must not be entered into".

SECTION 4: [Forest Act, section 48] adds a treaty first nation that has entered into an agreement with British Columbia to the list of persons with whom a free use permit must not be entered into if the treaty first nation has sufficient accessible timber on their own land for the purposes specified in the permit application.

4 Section 48 (2) is amended by adding "and (h)" after "subsection (1) (a) to (f)".

SECTION 5: [Forest Act, section 49] allows a free use permit for a volume exceeding 250 m³ to be entered into with a person who requires Crown timber for a traditional or cultural activity and who is not selling the timber.

5 Section 49 (2.1) is amended by striking out ", but not exceeding 250 m³".

SECTION 6: [Forest Act, heading to Division 9.1 of Part 3] creates a new division dealing with Christmas tree permits and use of Crown timber by government employees and agents.

SECTION 7: [Forest Act, sections 84 and 86] allows the regulations to exclusively set out the rules respecting the conspicuousness of timber marks on unscaled timber and scaled timber brands on scaled timber.

7 Sections 84 (1) and (3) and 86 (1) and (2) (a) are amended by striking out "conspicuously".

SECTION 8: [Forest Act, section 84] allows the regulations to exclusively set out the rules respecting the discernability of timber marks on unscaled timber in the water.

SECTION 9: [Forest Act, section 89] allows the regulations to exclusively set out the rules respecting the discernability of marine log brands on scaled timber in the water.

(2) A person who applies a marine log brand under subsection (1) must mark the timber in the prescribed manner.

p>SECTION 10: [Forest Act, section 105]

(a) clarifies that orders rather than regulations are made under subsection (7);

(b) clarifies that an order lowering a stumpage rate cannot set a lower rate than the prescribed minimum and allows conditions to be attached to the order that, if not complied with, result in the order being terminated and the stumpage rate being dealt with as it was before the order was made.

(a) in subsections (1) and (3) by striking out "under subsections (6) and (7)," and substituting "under subsection (6) and orders under subsection (7),", and

(7) If the Lieutenant Governor in Council considers it to be in the public interest, he or she may

(a) subject to subsection (6), order that stumpage rates applicable to all timber or a class of timber in an area of British Columbia or cut under an agreement are to be lower than the rates determined under subsection (1) for a period not exceeding one year, and

(8) On the date that a condition attached to an order made under subsection (7) (a) is not complied with,

(b) the stumpage rate must be determined, redetermined or varied in the same manner as it was determined, redetermined or varied immediately before the order was made.

SECTION 11: [Forest Act, section 109]

(a) allows money derived from the particular expenditure to be credited to the BC Timber Sales Account on the approval of Treasury Board;

(b) allows money in the BC Timber Sales Account to be expended for a prescribed purpose on the approval of Treasury Board.

(i) if the crediting is approved by Treasury Board, money derived from an expenditure made under subsection (3) (e). , and

(b) in subsection (3) by striking out "and" at the end of paragraph (c), by adding ", and" at the end of paragraph (d) and by adding the following paragraph:

(e) if the expenditure is for a prescribed purpose and is approved by Treasury Board.

SECTION 12: [Forest Act, section 136]

(a) requires the information referred to in subsection (1.2) to be reported to a person designated by the minister rather than specifically the regional manager;

(b) expands the information relating to costs that must be provided;

(d) allows records to be inspected by a person designated by the minister rather than specifically the regional manager or forest officer.

(a) in subsection (1.1) by striking out "to the regional manager" and substituting "to a person designated by the minister",

(c) in subsection (1.2) (f) by adding "or products derived from timber" after "related to timber", and

(d) in subsection (2) (b) by striking out "by the regional manager or a forest officer authorized by the regional manager," and substituting "by a person designated by the minister,".

SECTION 13: [Forest Act, section 163] makes it an offence to fail to provide the information required under section 136 (1.1), punishable by a fine of no greater than $100 000, imprisonment for no more than a year or both.

13 Section 163 (2) is amended by striking out "136 (1) or 163.1" and substituting "136 (1) or (1.1) or 163.1".

SECTION 14: [Forest Act, section 163] is consequential to the repeal of section 84 (2) of the Act.

SECTION 15: [Forest and Range Practices Act, section 3]

(a) clarifies that the requirements for a forest stewardship plan are subject to the exemption in section 4 (1) as well as section 4 (2) of the Act, and

(b) allows the forest stewardship plan requirements to apply to a timber sale licence for timber harvested under the Park Act.

15 Section 3 of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is amended

(a) in subsections (1) and (2) by striking out ", subject to section 4 (2)," and substituting ", subject to section 4,", and

SECTION 16: [Forest and Range Practices Act, section 4] limits the circumstances for which an exemption to the requirements of a forest stewardship plan may be granted.

Exemption from forest stewardship plans

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 in the following circumstances:

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

(d) if harvesting timber not exceeding a volume of 500 m³ that, in the opinion of the minister, has been treated or will be treated by the holder or timber sales manager to facilitate the entrapment or elimination of pests;

(e) if harvesting timber or constructing roads incidental to one or more primary forest activities and the timber harvested outside the forest development unit does not exceed 50 m³;

(2) The minister may exempt a person from preparing 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 road construction is to be carried out in prescribed circumstances or under prescribed conditions.

SECTION 17: [Forest and Range Practices Act, section 5]

(a) clarifies a cross reference, and

(b) provides that government objectives and other objectives that are in effect when the listed circumstances occur apply to a cutting permit, road permit, timber sale licence, declared area, cutblock or road, as the case may be.

(a) in subsection (1.1) by striking out "section 5 (1) (b)." and substituting "subsection (1) (b) (ii).", and

(1.2) The objectives set by government, or the other objectives referred to in subsection (1) (b) (ii), that are in effect when

(c) a forest stewardship plan is amended in accordance with section 20 to provide for a declared area as prescribed by regulation, or

(d) the part of a proposed forest stewardship plan pertaining to a cutblock or road in a forest development unit is considered to have received the minister's approval in accordance with section 196 (1),

apply to the cutting permit, road permit, timber sale licence, declared area, cutblock or road, as the case may be.

SECTION 18: [Forest and Range Practices Act, section 6] imposes a 10 year limit on the term of a forest stewardship plan.

(2) The minister by written notice given to the holder may grant one extension of 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, provided the total term of the forest stewardship plan does not exceed 10 years from the date specified under subsection (1) (b).

SECTION 19: [Forest and Range Practices Act, section 7] removes, in the specified circumstances, the automatic approval of a forest stewardship plan as it pertains to a forest development unit.

SECTION 20: [Forest and Range Practices Act, section 7.1] creates a separate section for the approval of forest stewardship plans, consequential to the repeal of section 16 of the Act by this Bill.

Approval of forest stewardship plan or amendment

7.1 (1) The minister must approve a forest stewardship plan or an amendment to a forest stewardship plan if the plan or amendment conforms to section 5.

(2) 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).

(3) A forest stewardship plan or an amendment to a forest stewardship plan that is 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.

(4) The Lieutenant Governor in Council, by order, may declare that a forest stewardship plan or an amendment to a forest stewardship plan that is submitted to the minister for approval, despite subsection (3), must immediately conform to some or all of this Act, the regulations, the standards and the objectives set by government as set out in the order.

(5) Except in prescribed circumstances, before approving a forest stewardship plan or an amendment to a forest stewardship plan, the minister may require the holder of the 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).

(6) The minister must give written reasons for refusing to approve a forest stewardship plan or an amendment to a forest stewardship plan.

SECTION 21: [Forest and Range Practices Act, section 8]

(a) sets out the circumstances in which a forest stewardship plan must be amended, consequential to the repeal of section 7 of the Act by this Bill,

(b) clarifies the references to the applicable period, and

(c) exempts specified areas from the mandatory amendment requirements, consequential to the repeal of section 19 (2) of the Act by this Bill, and establishes a process to deal with forest stewardship plans found to be non-conforming after they are approved, consequential to the repeal of section 16 (4) and (5) by this Bill.

(a) by repealing subsections (1) and (1.1) and substituting the following:

(1) Subject to subsection (2), the holder of a forest stewardship plan, within the applicable period set out in subsection (1.1), must propose and submit for approval by the minister amendments to the plan that take into account one or more of the following events that affect an area under the plan:

(b) an objective set by government applicable to the forest development unit is established, varied or cancelled;

(c) if specified by regulation, another objective applicable to the forest development unit is established, varied or cancelled by order under this Act.

(b) in subsection (2) by striking out "than that described in subsection (1)" and substituting "than the applicable period set out in subsection (1.1)" and by striking out "the period mentioned in subsection (1)." and substituting "the applicable period set out in subsection (1.1).", and

(3) Subsection (1) (a), unless otherwise prescribed, and subsection (1) (b) and (c) do not apply to the portion of an area that is subject to a forest stewardship plan if

(4) If the minister receives information that gives the minister reason to believe that a forest stewardship plan or an amendment to a forest stewardship plan did not, at the time of its approval under section 7.1, conform to section 5, in relation to the prescribed subject matter referred to in section 7.1 (2) (a), the minister, after giving the holder of the plan an opportunity to be heard,

(a) may determine whether, at the time of its approval, the plan conformed to section 5 in relation to the prescribed subject matter referred to in section 7.1 (2) (a), and

(b) in the case of a plan determined under paragraph (a) 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 who receives notice of an order made under subsection (4) must comply with the order.

SECTION 22: [Forest and Range Practices Act, section 14.1] creates a separate section for the approval of woodlot licence plans, consequential to the repeal of section 16 of the Act by this Bill.

Approval of woodlot licence plan or amendment

14.1 (1) The minister must approve a woodlot licence plan or an amendment to a woodlot licence plan if the plan or amendment conforms to section 13.

(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).

(3) A woodlot licence plan or an amendment to a woodlot licence plan that is 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.

(4) The Lieutenant Governor in Council, by order, may declare that a woodlot licence plan or an amendment to a woodlot licence plan that is submitted to the minister for approval, despite subsection (3), must immediately conform to some or all of this Act, the regulations, the standards and the objectives set by government as set out in the order.

(5) Except in prescribed circumstances, before approving a woodlot licence plan or an amendment to a woodlot licence plan, the minister may require the holder of the 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).

(6) The minister must give written reasons for refusing to approve a woodlot licence plan or an amendment to a woodlot licence plan.

SECTION 23: [Forest and Range Practices Act, section 15] establishes a process to deal with woodlot licence plans found to be non-conforming after they are approved, consequential to the repeal of section 16 (4) and (5) of the Act by this Bill.

(4) If the minister receives information that gives the minister reason to believe that a woodlot licence plan or an amendment to a woodlot licence plan did not, at the time of its approval under section 14.1, conform to section 13, in relation to the prescribed subject matter referred to in section 14.1 (2) (a), the minister, after giving the holder of the plan an opportunity to be heard,

(a) may determine whether, at the time of its approval, the plan conformed to section 13 in relation to the prescribed subject matter referred to in section 14.1 (2) (a), and

(b) in the case of a plan determined under paragraph (a) 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 woodlot licence plan who receives notice of an order made under subsection (4) must comply with the order.

SECTION 24: [Forest and Range Practices Act, section 16] repeals the section in order to create separate sections for the approval of forest stewardship plans and woodlot licence plans.

SECTION 25: [Forest and Range Practices Act, section 17] clarifies that it is a forest stewardship plan or woodlot licence plan submitted for approval that may be approved to harvest timber on an emergency basis before the standard approval requirements in the Act are met, and allows a time period to be prescribed within which the plan must conform to the standard requirements.

Approval in emergency cases

17 (1) If the minister determines that timber identified in a forest stewardship plan, a woodlot licence plan, or an amendment to either, that has been submitted for approval 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 conform to section 5 or 13, as applicable.

(2) A forest stewardship plan, woodlot licence plan, or an amendment to either, approved under subsection (1) must conform to section 5 or 13, as applicable, within the prescribed period.

SECTION 26: [Forest and Range Practices Act, section 19]

requires harvesting or road construction to have begun under a cutting permit or road permit for the permit to be unaffected by an approval or refusal to approve a forest stewardship plan or woodlot licence plan;
repeals section 19 (2) of the Act to move its contents to section 8 (3) of the Act, as added by this Bill;
clarifies that the intended results or strategies specified in a forest stewardship plan immediately before the approval or refusal of a cutting permit, road permit or timber sale licence are the results and strategies that apply to the permit or licence;
allows a forest stewardship plan or woodlot licence plan to be amended after it expires.

(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

(a) the cutting permit or road permit is in effect immediately before the approval or refusal, and

(3.1) The holder of a cutting permit or road permit referred to in subsection (1), or of a timber sale licence referred to in subsection (3), must ensure that

(a) the intended results or strategies specified in the forest stewardship plan or woodlot licence plan, as the case may be, that was in effect immediately before the approval or refusal referred to in subsection (1) or (3) are achieved or carried out, and

(b) a free growing stand respecting the cutting permit, road permit or timber sale licence is established in accordance with the stocking standards specified in the forest stewardship plan or woodlot licence plan, as the case may be, that was in effect immediately before the approval or refusal referred to in subsection (1) or (3).

(3.2) For the purposes of subsection (3.1), a forest stewardship plan, or woodlot licence plan, that is expired may be amended as if unexpired.

SECTION 27: [Forest and Range Practices Act, section 20] amends the section references, consequential to the repeal of section 16 by this Bill and addition of sections 7.1 and 14.1 of the Act by this Bill.

27 Section 20 (1) is amended by striking out "Despite section 16," and substituting "Despite sections 7.1 and 14.1,".

SECTION 28: [Forest and Range Practices Act, section 20.1] allows expired forest stewardship plans or woodlot licence plans to be amended if the amendment relates to stocking standards.

Amendments to expired plans for stocking standards

20.1 Despite the expiry of a forest stewardship plan or a woodlot licence plan, the plan may be amended as if unexpired if the amendment is in respect of stocking standards set out in the plan.

SECTION 29: [Forest and Range Practices Act, sections 79, 80 and 81] amends the section references, consequential to the repeal of section 16 by this Bill and addition of sections 7.1 and 14.1 of the Act by this Bill.

29 Sections 79 (1), 80 (1) and 81 (1) are amended by striking out "section 16," and substituting "section 7.1, 14.1,".

SECTION 30: [Forest and Range Practices Act, section 87] amends the section references, consequential to the repeal of section 16 (5) by this Bill and addition of sections 8 (5) and 15 (5) of the Act by this Bill.

30 Section 87 (3) (b) is amended by striking out "section 16 (5)," and substituting "section 8 (5), 15 (5),".

SECTION 31: [Forest and Range Practices Act, section 122] restructures this provision so it is consistent with section 68 of the Wildfire Act, as amended by this Bill.

(c) compliance with the requirements of Parts 2 to 5 and the regulations and standards made in relation to those Parts by a party, and

SECTION 32: [Forest and Range Practices Act, section 196]

is consequential to section 16 of the Act as repealed by this Bill;
clarifies that the automatic approval of a cutblock or road in a forest stewardship plan applies only if the forest development plan to which it pertains is in effect on the date the forest stewardship plan is submitted to the minister.

(1) Except in prescribed circumstances, 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 an area in a forest development unit that is

(a) a cutblock, if the cutblock has been included in a forest development plan that is in effect on the date of the submission of the forest stewardship plan to the minister, with the assessments required in sections 16, 17, 36.1 and 37 of the Operational and Site Planning Regulation shown as completed, and

(b) a road, if the road has been included in a forest development plan that is in effect on the date of the submission of the forest stewardship plan to the minister, with assessments required in section 5 of the Forest Road Regulation shown as completed.

SECTION 33: [Wildfire Act, section 4] clarifies that the rules respecting open fires apply to a prescribed municipality or a specified local government except in areas where there is a related bylaw which meets prescribed criteria, and to private managed forest land except in prescribed circumstances.

33 Section 4 of the Wildfire Act, S.B.C. 2004, c. 31, is repealed and the following substituted:

Use of open fires — application

(b) a municipality that is not a prescribed municipality referred to in subsection (2).

(2) Sections 5 and 6 apply to all areas inside the boundaries of a prescribed municipality, or of a local government that is a local government under paragraphs (c) to (f) of the definition of "local government" in section 1, except the areas in respect of which the municipality or the local government has a bylaw that

(3) Despite subsections (1) and (2), and except in prescribed circumstances, sections 5 and 6 apply to areas of private managed forest land as defined in the Private Managed Forest Land Act.

SECTION 34: [Wildfire Act, section 68] allows the Forest Practices Board to deal with complaints from the public respecting prescribed matters.

(iii) compliance with the requirements of Parts 1 and 2 and the regulations made in relation to those Parts by a party, and

(b) the board must deal with complaints from the public respecting prescribed matters that relate to this Act.

SECTION 35: [Wildfire Act, section 69] sets out the regulation making authority related to section 4 of the Act, as amended by this Bill.

(ii) the criteria that must be met by a bylaw of a municipality prescribed under subparagraph (i) or of a local government in order that sections 5 and 6 do not apply to the areas that are subject to the bylaw;

(d) for the purposes of section 4 (3), prescribing the circumstances in respect of which sections 5 and 6 do not apply to areas of private managed forest land.

Commencement

36 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