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

Forest Act

1 Section 1 (1) of the Forest Act, R.S.B.C. 1996, c. 157, is amended by adding the following definitions:

"bioenergy" means energy derived from Crown timber;

"bioenergy supply contract" means an energy supply contract as defined in section 68 of the Utilities Commission Act

(a) under which bioenergy is sold to the British Columbia Hydro and Power Authority, and

(b) that is designated by the minister under section 13.2 (a) as a bioenergy supply contract;

"commercial operation date" means the date determined under a bioenergy supply contract as the commercial operation date;

"eligible bioenergy application" means an application for a non-replaceable forest licence under section 13.1 that

(a) is made by an applicant

(i) who is the seller of bioenergy under a bioenergy supply contract, and

(ii) whom the minister or a person authorized by the minister considers to be qualified to perform the obligations specified under section 13.1 (2) (c),

(b) conforms to section 13.1 (2), and

(c) is not rejected under section 81 (3) or refused under section 81 (5); .

2 Section 13.1 (1) is repealed.

3 Section 45 (1) (b) (i) is amended by striking out ", if any," and by adding "if so determined by the minister," after "(Canada),".

4 Section 47.1 is repealed and the following substituted:

Change in area or boundary

47.1  (1) In accordance with the regulations, if any, and with the consent of the holder of the woodlot licence, the minister may change the boundary or area of a woodlot licence.

(2) The discretion of the minister under subsection (1)

(a) is subject to section 45 (1) (b) (ii), and

(b) includes the discretion to change the boundary or area of the woodlot licence with the consent of its holder by

(i) adding private land owned or leased by the holder to the woodlot licence area, or

(ii) removing private land from the woodlot licence area.

5 Section 47.3 is amended

(a) in subsection (1) by striking out "woodlot licence or forestry licence to cut" and substituting "woodlot licence, forestry licence to cut or fibre supply licence to cut", by striking out "or" at the end of paragraph (a), by adding ", or" at the end of paragraph (b) and by adding the following paragraph:

(c) the applicant of an eligible bioenergy application approved under section 13.1 (3), if the licence is a fibre supply licence to cut and, in the opinion of the minister, Crown timber is required for the purpose of

(i) achieving the commercial operation date as set out in the bioenergy supply contract associated with the application, or

(ii) supplying Crown timber to the power plant described in the bioenergy supply contract associated with the application until timber is obtained under the forest licence entered into under section 13.1 (5). ,

(b) in subsection (3) (b) by striking out "community salvage licence or forestry licence to cut." and substituting "community salvage licence, forestry licence to cut or fibre supply licence to cut.",

(c) in subsection (4) (a) by striking out "community salvage licence or a forestry licence to cut," and substituting "community salvage licence, forestry licence to cut or fibre supply licence to cut,", and

(d) by adding the following subsections:

(5) Despite section 47.72 (1) (a), after a fibre supply licence to cut has been entered into under subsection (1) (c) of this section, the minister may, if it furthers the objectives set out in subsection (1) (c) (i) or (ii), and with the consent of the holder of the licence to cut, extend the term of that licence to cut.

(6) The extension under subsection (5) of the term of a fibre supply licence to cut must not result in the total term of the licence to cut exceeding 10 years.

6 Section 47.5 is amended

(a) in subsections (1) (b) (i) and (2) (d) (i) by striking out "the regional manager or district manager or by a forest officer authorized by either of them" and substituting "the minister",

(b) in subsection (2) (a) by striking out "not exceeding 5 years" and substituting "not exceeding 10 years", and

(c) by adding the following subsection:

(4) If a master licence to cut expires and the minister enters into a new master licence to cut with the same holder, a cutting permit issued under the expired master licence to cut must be assigned to the new master licence to cut if

(a) the holder consents to the assignment,

(b) the areas of land specified in the cutting permit are within the area or areas of Crown land specified in the new master licence to cut, and

(c) no changes are made to the cutting permit, other than the assignment of that permit to the new master licence to cut.

7 Section 49 (2) is amended

(a) by repealing paragraph (a) and substituting the following:

(a) must be for a term not exceeding

(i) 1 year, if the permit is entered into with an applicant described in section 48 (1), other than an applicant described in paragraph (e) or (f) of that section, and

(ii) 5 years, if the permit is entered into with an applicant described in section 48 (1) (e) or (f), , and

(b) in paragraph (d) by striking out "the forest officer" and substituting "the minister".

8 Section 76 is amended

(a) in subsection (2) by striking out "a minister" and substituting "the minister", and

(b) in subsections (4) to (6) by striking out "minister, minister" and substituting "minister".

9 Section 77 (2) and (3) is amended by striking out ", chief forester, regional manager or district manager, as the case may be,".

10 Section 103 (1) (b) is repealed and the following substituted:

(b) calculated using the information required to be submitted to the government under section 106 (2) .

11 Section 106 is amended by renumbering the section as section 106 (1) and by adding the following subsections:

(2) For the purposes of calculating the amount of stumpage payable using information provided by a cruise of the timber conducted before the timber is cut, the minister may require the holder of an agreement to submit the following information to the government:

(a) some or all of the information provided by the cruise of the timber;

(b) an estimate, in hectares, of the size of the area from which the timber is cut;

(c) any other information the minister considers necessary.

(3) The holder of an agreement who is required under subsection (2) to submit information to the government must submit the information in the manner and at the times required by the minister.

Foresters Act

12 Section 1 of the Foresters Act, S.B.C. 2003, c. 19, is amended

(a) by adding the following definitions:

"certificate holder" means a person who holds a certificate of accreditation;

"certificate of accreditation" means a certificate of accreditation granted under section 16.1; , and

(b) in the definition of "practice of professional forestry" by striking out "enrolled member or a special permit holder," and substituting "enrolled member, a special permit holder or a certificate holder,".

13 Section 2 (4) is repealed.

14 Section 4 (2) (f) is repealed and the following substituted:

(f) to establish and administer certification schemes for technical occupations related to the practice of professional forestry, including establishing, monitoring and enforcing standards of education and qualifications for certification.

15 Section 9 (1) is amended

(a) in paragraph (a) (iii) by striking out "in areas such as" and substituting "in areas other than",

(b) in paragraph (c) by adding "certificates of accreditation," after "certificates of registration,", and

(c) by repealing paragraph (f).

16 Section 9 (2) (a) (ii) is amended by striking out "registration or a special permit" and substituting "registration, a special permit or a certificate of accreditation".

17 Section 10 is repealed and the following substituted:

Procedure for bylaws

10  Bylaws come into force when ratified by 2/3 of the members who

(a) are eligible to vote, as specified in the bylaws, and

(b) cast votes by ballot in accordance with the bylaws.

18 Section 11 (1) is amended

(a) by adding the following paragraph:

(a.1) the establishment and administration of quality assurance programs in areas of continuing education and peer or practice review, including

(i) the requirements that must be met in order to participate in and complete a quality assurance program, and

(ii) the development of quality assurance programs in concert with the governing bodies for other professions; ,

(b) in paragraph (c) by striking out "other than the annual membership fees," and substituting "including the annual membership fees,", and

(c) by repealing paragraph (m) and substituting the following:

(m) the establishment and administration of certification schemes for technical occupations related to the practice of professional forestry, including establishing, monitoring and enforcing

(i) standards, policies and procedures for certification, and

(ii) qualifications of candidates for certification, including the subjects of study, the examinations to be passed, and the experience in forestry required of applicants for certification; .

19 Section 11 (2) is repealed.

20 The following section is added:

Certificate of accreditation

16.1  (1) The council may grant a certificate of accreditation, with or without terms and conditions, to a person who

(a) is a member of a class listed in section 13 (a), (b), (d) or (e), and

(b) meets the relevant requirements of the resolutions.

(2) A certificate of accreditation must conspicuously state

(a) the title and designation that the certificate holder is entitled to use, and

(b) any limitations on practice specified in the granting of the certificate.

21 Section 17 (2) is amended by striking out "or" at the end of paragraph (c) and by adding the following paragraph:

(c.1) a certificate holder, cancel the person's certificate of accreditation, or .

22 Section 18 (2) is amended

(a) by striking out "Certificates of registration," and substituting "Certificates of registration, certificates of accreditation,",

(b) in paragraph (b) by striking out "of registration" and substituting "of registration or certification", and

(c) by repealing paragraph (c) and substituting the following:

(c) must be returned to the association on demand if,

(i) in the case of a registered member, the registered member ceases to practise or has their registration suspended or cancelled, and

(ii) in the case of a certificate holder, the certificate holder ceases to practise or has their certificate of accreditation suspended or cancelled.

23 Section 19 is amended

(a) by repealing subsection (2) and substituting the following:

(2) Only members of the association who are acting as authorized by the bylaws or the resolutions may use or assume the following titles or designations, either alone or in combination with other words:

(a) "professional forester", "registered professional forester", or "RPF";

(b) "transferring professional forester";

(c) "visiting professional forester";

(d) "registered forest technologist" or "RFT";

(e) "forester in training" or "FIT";

(f) "forestry pupil" or "FP";

(g) "trainee forest technologist" or "TFT";

(h) "accredited timber cruiser" or "ATC";

(i) "accredited timber evaluator" or "ATE". , and

(b) in subsection (3) by striking out "an enrolled member or the holder of a special permit granted under this Act" in both places and substituting "an enrolled member, a special permit holder or a certificate holder" and by adding "or permit to be assumed, used or advertised in any manner," after "in any manner,".

24 Section 20 is amended

(a) by repealing subsection (1) (a) to (c) and substituting the following:

(a) admitted under section 14 as a professional forester,

(b) a registered forest technologist acting in accordance with subsection (2) of this section,

(c) the holder of a special permit allowing the person to engage in the practice of professional forestry,

(d) a certificate holder acting in accordance with subsection (3) of this section, or

(e) an enrolled member acting under the supervision of

(i) a person described in paragraph (a) or (c) of this subsection, or

(ii) a registered forest technologist who is acting in accordance with subsection (2) (a) of this section. , and

(b) by adding the following subsection:

(3) A certificate holder may engage independently in aspects of the practice of professional forestry if carrying out functions described in the bylaws for this purpose.

25 Section 27 (4) (c), (d) and (e) is amended by striking out "registration or special permit" and substituting "registration, special permit or certificate of accreditation".

26 Section 32 is amended

(a) by repealing subsection (1) and substituting the following:

(1) A person who contravenes section 19 (2) or (3) commits an offence. ,

(b) in subsection (2) by striking out "an enrollment or a special permit under this Act" and substituting "an enrollment, a special permit or a certificate of accreditation", and

(c) in subsection (3) by striking out "an enrollment or a special permit" and substituting "an enrollment, a special permit or a certificate of accreditation".

Greenhouse Gas Reduction (Emissions Standards)
Statutes Amendment Act, 2008

27 Section 13 (a) of the Greenhouse Gas Reduction (Emissions Standards) Statutes Amendment Act, 2008, S.B.C. 2008, c. 20, is repealed.

Miscellaneous Statutes Amendment Act (No. 2), 2000

28 Sections 13 and 14 of the Miscellaneous Statutes Amendment Act (No. 2), 2000, S.B.C. 2000, c. 26, are repealed.

Miscellaneous Statutes Amendment Act (No. 2), 2011

29 Sections 71 (b), 72 (b), 97 and 98 of the Miscellaneous Statutes Amendment Act (No. 2), 2011, S.B.C. 2011, c. 13, are repealed.

Resort Timber Administration Act

30 The following provisions of the Resort Timber Administration Act, S.B.C. 2006, c. 30, are amended by striking out "forests and range ministry statutes" wherever it appears and substituting "forestry statutes":

(a) section 1, in the definitions of "forests and range ministry statutes" and "specified enactment":

(b) section 3 (3);

(c) section 4 (2) (b).

31 Section 1 is amended

(a) by adding the following definitions:

"Crown timber" means timber reserved to the government;

"private land" has the same meaning as in the Forest Act; , and

(b) by repealing the definition of "tourism minister".

32 Section 2 (1) is repealed and the following substituted:

(1) The minister, by conditional or unconditional written authority, may delegate the minister's powers and duties under this Act to a person employed in any ministry of the government.

33 Section 3 is amended by striking out "tourism" wherever it appears.

34 Section 4 (2) (a) is repealed and the following substituted:

(a) designating as a controlled recreation area an area that consists of one or both of the following:

(i) Crown land;

(ii) private land on which Crown timber is located,

(a.1) cancelling the designation of an area as a controlled recreation area or amending the boundaries of a controlled recreation area, and .

Commencement

35  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: