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

(a) in paragraph (a) of the definition of "allowable annual cut available" by adding the following subparagraph:

(i.1) a reduction under section 35 (1) (n.1); ,

(b) in paragraph (b) of the definition of "allowable annual cut available" by adding the following subparagraph:

(i.1) a reduction under section 43.3 (1) (g.3); ,

(c) in paragraph (c) of the definition of "allowable annual cut available" by adding the following subparagraph:

(i.1) a reduction under section 43.55 (1) (h.2); ,

(d) in the definition of "allowable annual cut available" by adding the following paragraphs:

(d) in relation to a forest licence, the portion of the allowable annual cut in respect of the forest licence that is available to the holder of the forest licence after taking the following into account in accordance with the regulations:

(i) a reduction under section 14 (1) (g.2);

(ii) except for the purposes of section 70, a reduction under that section;

(e) in relation to a woodlot licence, the portion of the allowable annual cut in respect of the woodlot licence area that is accessible by the holder of the woodlot licence after taking the following into account in accordance with the regulations:

(i) a reduction under section 45 (1) (f.2);

(ii) except for the purposes of section 70, a reduction under that section; ,

(e) by adding the following definitions:

"BCTS" means the BC Timber Sales program within the ministry;

"BCTS licence" means

(a) a timber sale licence under section 20, or

(b) a forestry licence to cut under section 47.6 (3); ,

(f) in paragraph (a) of the definition of "merchantable timber" by striking out "were older" and substituting "was older", and

(g) in paragraph (b) of the definition of "merchantable timber" by striking out "are on an area" and substituting "is on an area".

2 Section 8 is amended

(a) in subsection (5) by striking out "In determining an allowable annual cut under subsection (1) the chief forester may specify" and substituting "In respect of an allowable annual cut determined under subsection (1), the chief forester may, at any time, specify", and

(b) by adding the following subsection:

(5.1) The chief forester may, at any time, amend or cancel a specification made under subsection (5).

3 Section 14 is amended

(a) in subsection (1) by striking out "and" at the end of paragraph (g.1) and by adding the following paragraph:

(g.2) may require that the amount of timber on Crown land under the forest licence that is available to the holder of the forest licence be reduced by a specified amount of timber for a specified period of time for the purpose of entering into one or more BCTS licences, respecting all or part of the specified amount of timber, with one or more persons other than the holder of the forest licence, and , and

(b) by adding the following subsection:

(3) A requirement described in subsection (1) (g.2) must not be included in the following:

(a) a forest licence entered into before the date this subsection comes into force, unless the holder of the forest licence agrees to include the requirement;

(b) a replacement for a replaceable forest licence, unless

(i) the forest licence already includes the requirement, or

(ii) the holder of the forest licence agrees to include the requirement;

(c) a forest licence that replaces a tree farm licence or forest licence under section 16, or that replaces or amends a forest licence under section 19, unless

(i) the tree farm licence or forest licence that is replaced or amended already includes the requirement, or

(ii) the holder of the forest licence that replaces a tree farm licence or forest licence, or that replaces or amends a forest licence, agrees to include the requirement.

4 Section 22.2 is amended

(a) in subsection (1) by striking out "and section 22.3:" and substituting "and sections 22.3 and 22.4:",

(b) in subsection (1) by repealing the definitions of "BCTS" and "BCTS licence", and

(c) in subsection (6) (b) by striking out "section 47.9," and substituting "section 14 (1) (g.2), 35 (1) (n.1), 43.3 (1) (g.3), 43.55 (1) (h.2), 45 (1) (f.2), 47.9,".

5 The following section is added:

Payment for timber respecting non-BCTS licence with reduction

22.4  (1) In this section, "reduced non-BCTS licence" means a non-BCTS licence that includes a requirement referred to in section 14 (1) (g.2), 35 (1) (n.1), 43.3 (1) (g.3), 43.55 (1) (h.2) or 45 (1) (f.2).

(2) The minister, in accordance with the regulations, must pay to the holder of a reduced non-BCTS licence the amount determined in accordance with the regulations for the amount of timber that is disposed of under a BCTS licence.

6 Section 35 is amended

(a) in subsection (1) (j) (ii) (A) by striking out "paragraph (b) (i)" and substituting "paragraph (b)",

(b) in subsection (1) by striking out "and" at the end of paragraph (n) and by adding the following paragraph:

(n.1) may require that the amount of timber on Crown land within the tree farm licence area that is available to the holder of the tree farm licence be reduced by a specified amount of timber for a specified period of time for the purpose of entering into one or more BCTS licences, respecting all or part of the specified amount of timber, with one or more persons other than the holder of the tree farm licence, and , and

(c) by adding the following subsection:

(1.1) A requirement described in subsection (1) (n.1) must not be included in the following:

(a) a tree farm licence entered into before the date this subsection comes into force, unless the holder of the tree farm licence agrees to include the requirement;

(b) a replacement for a replaceable tree farm licence, unless

(i) the tree farm licence already includes the requirement, or

(ii) the holder of the tree farm licence agrees to include the requirement;

(c) a tree farm licence that replaces a tree farm licence under section 16, or that replaces or amends a tree farm licence under section 39, unless

(i) the tree farm licence that is replaced or amended already includes the requirement, or

(ii) the holder of the tree farm licence that replaces or amends a tree farm licence agrees to include the requirement.

7 Section 43.3 is amended

(a) in subsection (1) by striking out "and" at the end of paragraph (g.2) and by adding the following paragraph:

(g.3) may require that the amount of timber on Crown land within the community forest agreement area that is available to the holder of the community forest agreement be reduced by a specified amount of timber for a specified period of time for the purpose of entering into one or more BCTS licences, respecting all or part of the specified amount of timber, with one or more persons other than the holder of the community forest agreement, and , and

(b) by adding the following subsection:

(3) A requirement described in subsection (1) (g.3) must not be included in the following:

(a) a community forest agreement entered into before the date this subsection comes into force, unless the holder of the community forest agreement agrees to include the requirement;

(b) a replacement for a replaceable community forest agreement, unless

(i) the community forest agreement already includes the requirement, or

(ii) the holder of the community forest agreement agrees to include the requirement.

8 Section 43.52 is amended by striking out "boundary or area" and substituting "boundary or increase the area".

9 Section 43.55 is amended

(a) in subsection (1) by striking out "and" at the end of paragraph (h.1) and by adding the following paragraph:

(h.2) may require that the amount of timber on Crown land within the first nations woodland licence area that is available to the holder of the first nations woodland licence be reduced by a specified amount of timber for a specified period of time for the purpose of entering into one or more BCTS licences, respecting all or part of the specified amount of timber, with one or more persons other than the holder of the first nations woodland licence, and , and

(b) by adding the following subsection:

(3) A requirement described in subsection (1) (h.2) must not be included in the following:

(a) a first nations woodland licence entered into before the date this subsection comes into force, unless the holder of the first nations woodland licence agrees to include the requirement;

(b) a replacement for a replaceable first nations woodland licence, unless

(i) the first nations woodland licence already includes the requirement, or

(ii) the holder of the first nations woodland licence agrees to include the requirement.

10 Section 45 is amended

(a) in subsection (1) by striking out "and" at the end of paragraph (f.1) and by adding the following paragraph:

(f.2) may require that the amount of timber on Crown land within the woodlot licence area that is available to the holder of the woodlot licence be reduced by a specified amount of timber for a specified period of time for the purpose of entering into one or more BCTS licences, respecting all or part of the specified amount of timber, with one or more persons other than the holder of the woodlot licence, and , and

(b) by adding the following subsection:

(3) A requirement described in subsection (1) (f.2) must not be included in the following:

(a) a woodlot licence entered into before the date this subsection comes into force, unless the holder of the woodlot licence agrees to include the requirement;

(b) a replacement for a woodlot licence under section 46 or 46.2, unless

(i) the woodlot licence that is replaced already includes the requirement, or

(ii) the holder of the woodlot licence that replaces a woodlot licence agrees to include the requirement.

11 Section 47.72 (1) (a) is amended by striking out "5 years," and substituting "10 years,".

12 Section 49 (4) is amended by striking out "sections 143 (3) and (4)," and substituting "sections 143 (2),".

13 Section 75.01 is amended

(a) in subsection (1) by repealing the definition of "harvested volume" and substituting the following:

"harvested volume" means,

(a) in relation to a licence to which a limit specified in an order made under section 75.02 applies to the licence, the volume, as determined in accordance with the regulations, of the partitioned timber that is harvested under that licence, or

(b) in relation to 2 or more licences held by the same person to which a limit specified in an order made under section 75.02 applies to the licences, the sum of the volume, as determined in accordance with the regulations, of the partitioned timber that is harvested under each of those licences;

"partitioned timber", in relation to an allowable annual cut partition, means the timber that is subject to the allowable annual cut partition. , and

(b) by repealing subsection (2).

14 Section 75.02 is amended

(a) in subsections (2) and (3) (b) by striking out "each forest licence" and substituting "one or more forest licences",

(b) by adding the following subsections:

(3.1) In making an order under subsection (2) or (3) (b), the minister may specify one limit that applies in relation to 2 or more forest licences held by the same person.

(3.2) For greater certainty, if the minister specifies one limit that applies to 2 or more forest licences, as described in subsection (3.1), the person who is the holder of the forest licences may harvest any portion, including all or nothing, of the harvested volume under any of the forest licences that are subject to the limit. ,

(c) by repealing subsection (4) and substituting the following:

(4) A limit specified under this section on the harvested volume for one or more forest licences or for a tree farm licence must be determined in accordance with the regulations.

(4.1) In determining a limit under this section on the harvested volume for one or more forest licences or for a tree farm licence, the minister may take into consideration the volume of partitioned timber harvested under the applicable licence or licences since the date the allowable annual cut partition took effect. ,

(d) in subsection (5) (a) by striking out "5 years," and substituting "10 years,",

(e) in subsection (5) (c) by striking out "each licence holder may" and substituting "each licence holder affected by the order may",

(f) in subsection (6) by striking out "holder of a licence" and substituting "holder of one or more licences", and

(g) by repealing subsection (7) and substituting the following:

(7) Subject to an amendment or cancellation under subsection (8) or an increase or waiver under section 75.03, the holder of a licence to which a limit specified in an order made under this section applies must ensure that,

(a) if the limit is specified for one licence, the harvested volume under the licence does not exceed the harvested volume limit specified for that licence in the order, and

(b) if the limit is specified for 2 or more licences held by the same person, the harvested volume under those licences does not exceed the harvested volume limit specified for those licences in the order.

(8) If, under section 8 (5.1), the allowable annual cut partition relating to an order made under this section

(a) is amended, the minister may amend the order if the minister considers it necessary to ensure the attribution specified in the partition is carried out, or

(b) is cancelled, the order is cancelled on the same date the partition is cancelled.

15 Section 75.03 (1) is amended by striking out "holder of a licence" and substituting "holder of one or more licences" and by striking out "for that licence" and substituting "for that licence or licences".

16 Section 75.05 (1) is amended by striking out "for a licence" and substituting "for one or more licences".

17 Section 75.06 (1) is repealed and the following substituted:

(1) On the request of a licence holder who is subject to a penalty imposed under section 75.05, the minister may grant relief, in whole or in part, from the penalty if the minister is satisfied that the reasons for the relief meet prescribed criteria.

18 Section 75.07 is amended

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

(c) for the purpose of the definition of "harvested volume" in section 75.01 (1), specifying the rules, methods, formulas or requirements for determining the harvested volume, including, without limitation, requiring the holder of one or more licences to which an order under section 75.02 applies to make assessments of the partitioned timber; , and

(b) by repealing subsection (2).

19 Section 79.1 is repealed and the following substituted:

Residual fibre orders

79.1  (1) In this section:

"agreement" means

(a) a form of agreement referred to in section 12, or

(b) a pulpwood agreement;

"residual fibre" means Crown timber in an area that is cut but not removed from the area.

(2) The minister may order the holder of an agreement

(a) to submit a report to the minister in the form and within the time period specified by the minister,

(b) to include in the report referred to in paragraph (a) information specified by the minister related to an area specified by the minister, which may include, without limitation, the following information:

(i) an estimate, made in accordance with the regulations, of the volume of residual fibre in the area at the time of the report;

(ii) an estimate, made in accordance with the regulations, of the volume of residual fibre the holder of the agreement reasonably expects to be in the area at a time specified by the minister;

(iii) an estimate, made in accordance with the regulations, of the volume of residual fibre the holder of the agreement does not intend to use,

(c) to submit updates of any information included in the report under paragraph (b), in the form and within the time period specified by the minister,

(d) if the residual fibre is not being utilized or is not going to be utilized, not to damage some or all of the residual fibre for a period of time specified by the minister in an area specified by the minister, and

(e) to handle the residual fibre as set out in the regulations.

(3) The minister may amend or rescind an order made under subsection (2).

(4) If an order is made under subsection (2) (d), the holder of the agreement may identify all or a portion of the residual fibre that is subject to the order and notify the minister that the holder of the agreement is willing to abandon the holder's rights to the identified residual fibre.

(5) If the holder of the agreement gives notice to the minister under subsection (4), for a period of 60 days starting on the date notice is received by the minister,

(a) the holder of the agreement may not deal with the residual fibre identified in the notice without the consent of the minister, and

(b) the minister may

(i) by order, specify some or all of the residual fibre identified in the notice and deem, as abandoned, the rights of the holder of the agreement to the residual fibre specified in the order, and

(ii) issue to a person other than the holder of the agreement one or both of the following in respect of some or all of the residual fibre specified in the order made under subparagraph (i):

(A) a fibre recovery permit referred to in section 47.72 (1) (c) if the person other than the holder of the agreement holds a fibre supply licence to cut under section 47.3 (1) or 47.71 that includes the area that is subject to the order made under subsection (2) (d) of this section;

(B) a forestry licence to cut referred to in section 47.6 (2.11) that includes the area that is subject to the order made under subsection (2) (d) of this section.

(6) Notice given under subsection (4) is deemed to be received by the minister as follows:

(a) if given by mailing a copy by ordinary or registered mail, on the 5th day after the copy is mailed;

(b) if given by sending a copy by electronic mail, on the 3rd day after the copy is sent;

(c) if given by leaving a copy at a district office, on the 3rd day after the copy is left;

(d) if given by delivering by hand a copy to a district manager, on delivery of the copy.

(7) On the date the minister makes an order under subsection (5) (b) (i) deeming the rights of a holder of an agreement to be abandoned with respect to the residual fibre specified in the order, all rights of the holder of the agreement to that residual fibre are cancelled.

(8) As soon as practicable after the date the minister makes an order under subsection (5) (b) (i), the minister must give to the holder of the agreement

(a) a copy of the order, and

(b) written notice stating that the rights of the holder of the agreement respecting the residual fibre specified in the order are cancelled.

(9) As soon as practicable after the date the minister issues a permit or licence under subsection (5) (b) (ii), the minister must give to the holder of the agreement written notice that the permit or licence has been issued.

20 Section 80 is amended by adding the following subsection:

(4) No compensation is payable by the government and proceedings must not be commenced or continued to claim compensation from the government or to obtain a declaration that compensation is payable by the government as a result of a cancellation of rights under section 79.1 (7).

21 Section 109 (3) is amended by adding the following paragraph:

(a.2) to make payments as described in section 22.4 (2) and to defray any other costs associated with making those payments, .

22 Section 143 (1) is amended by adding the following paragraph:

(c) an order made under section 75.02 (2) or (3) (b), unless the order specifies limits on the harvested volume respecting all of the forest licences in a timber supply area.

23 Section 145 (1) is amended by striking out "section 143 (2) or (3)" and substituting "section 143 (2)".

24 Section 151 (2) is amended by adding the following paragraphs:

(e.2) for the purposes of section 22.4 (2), respecting

(i) when payment or payments must be made by the minister, and

(ii) the methods and formulas to be used to determine the amount of the payment by the minister, which may be different for different types of agreements, timber or areas in which the timber is located;

(k.101) for the purposes of section 43.52, respecting

(i) the circumstances in which the minister may change a boundary or increase the area of a community forest agreement,

(ii) the factors the minister must consider before changing a boundary or increasing the area of a community forest agreement, and

(iii) eligibility criteria for the holder of the community forest agreement;

(m.5) the rules, methods or formulas to be used to make estimates of residual fibre under section 79.1 (2) (b), which may be different for different types of estimates;

(m.6) for the purposes of section 79.1 (2) (e), respecting requirements for sorting, stacking and piling residual fibre, including, without limitation, requirements for placement of stacks or piles of residual fibre on road sides or landings and practices the holder of an agreement must follow to prevent contamination of the residual fibre; .

Great Bear Rainforest (Forest Management) Act

25 Sections 21 (2) and 23 (4) (b) of the Great Bear Rainforest (Forest Management) Act are amended by striking out "section 8 (5)" and substituting "section 8 (5) or (5.1)".

26 Section 36 (3) is amended

(a) in paragraph (a) by striking out "section 75.02 (2) or (3)" and substituting "section 75.02 (2), (3) or (8)", and

(b) by repealing paragraph (b) (i) and substituting the following:

(i) section 75.02 (3.1), (3.2), (4), (4.1) and (5); .

Wildfire Act

27 Section 9 of the Wildfire Act, S.B.C. 2004, c. 31, is amended by adding the following subsection:

(7) The following may act on behalf of the government under this section if authorized by the minister:

(a) an independent contractor of the government;

(b) a person from another jurisdiction acting under a mutual aid arrangement, as defined in section 66.1;

(c) an individual employed or retained by or acting voluntarily for a local government fire department that is acting under an arrangement with the government;

(d) the Canadian Forces;

(e) a prescribed organization acting under an arrangement with the government.

28 Section 34 is amended by adding the following subsection:

(3) A person who is the subject of an order under subsection (1), and to whom written notice has been given under subsection (2), must comply with the order.

29 Section 43 (3) is amended by adding "34 (3)," after "22 (1) or (2),".

30 Section 56 is amended

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

(1) In this section, "person acting in an official capacity" means

(a) an individual who

(i) is employed under the Public Service Act, is a member of the commission or the board, is a person retained under section 138 of the Forest and Range Practices Act, as it applies for the purposes of this Act, or is a temporary employee hired under section 15 of this Act, and

(ii) is exercising a power or performing a duty or function under this Act, or

(b) an individual who

(i) is an independent contractor of the government, is employed by an independent contractor of the government, is a person from another jurisdiction acting under a mutual aid arrangement, as defined in section 66.1, is employed or retained by or acting voluntarily for a local government fire department that is acting under an arrangement with the government, is a member of the Canadian Forces or is a member of an organization prescribed for the purposes of section 9 (7) (e), and

(ii) is carrying out fire control under this Act on behalf of the government. ,

(b) in subsection (2) (a) by striking out "intentionally",

(c) in subsection (2) (b) by striking out "intentionally not comply" and substituting "fail to comply" and by striking out "or", and

(d) in subsection (2) by adding the following paragraphs:

(d) without lawful excuse, operate equipment, machinery, a vehicle or a vessel or act in a manner that interferes with fire control that is being carried out under this Act by the government, or

(e) without lawful excuse, operate equipment, machinery, a vehicle or a vessel or act in a manner that interferes with

(i) the causing of fire on, or the introduction of fire onto, Crown land, as authorized under section 18, or

(ii) the control of a fire authorized under section 18.

Wildlife Act

31 Section 11 (7) of the Wildlife Act, R.S.B.C. 1996, c. 488, is repealed.

32 Section 14 is amended by striking out "is in possession of" and substituting "holds".

33 Section 15 is amended

(a) in subsection (1) by striking out "in the form, with the content and valid for the term" and substituting "with the conditions, and valid for the term,", and

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

(2) A licence issued under this Act must be issued in a manner and form, if any, specified by the director.

34 The following section is added:

Licence applications

15.1 An application for a licence under this Act must be made in a manner and form, if any, specified by the director.

35 Section 17 (2) is repealed.

36 Section 19 (2) is repealed and the following substituted:

(2) A permit issued under this Act must be issued in a manner and form, if any, and with the conditions, if any, specified by the director.

37 Section 20 (1) is repealed and the following substituted:

(1) An application for a permit under this Act must be made in a manner and form, if any, specified by the director.

38 Section 24 (3), (4) and (11) is repealed.

39 The following section is added:

Issue of trapping licence

40.1  A regional manager may issue a trapping licence to a person who is a citizen of Canada or a permanent resident of Canada.

40 Section 54 is amended

(a) in subsection (1) by striking out "both" and substituting "all" and by adding the following paragraph:

(c) the person has other qualifications prescribed by regulation. , and

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

(2) An assistant angling guide licence is valid only while the holder of the licence carries a record, signed by an angling guide, that indicates that the angling guide employs the holder as an assistant angling guide.

41 Section 55 is amended by adding the following subsection:

(3) A guide outfitter may comply with subsection (1) by having an agent of the guide outfitter complete and sign the guide report, and give a copy of that report, on behalf of the guide outfitter.

42 Section 59 (2) is repealed and the following substituted:

(2) A guiding territory certificate issued under this Act must be issued in a manner and form, if any, and with the conditions, if any, specified by the director.

43 Section 61 (2.1) is repealed.

44 Section 84 is amended

(a) in subsection (1) (a) by striking out "subsection (2) applies" and substituting "subsections (2) and (2.1) apply",

(b) in subsection (1) (b) (i) by striking out "97 (b)," and substituting "97 (1) (b),",

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

(a) on a first conviction, to a fine set out in subsection (2.1) or to a term of imprisonment not exceeding 2 years, or both, and , and

(d) by adding the following subsection:

(2.1) For the purposes of subsection (2) (a), the person referred to in that subsection is liable,

(a) if the first conviction is for an offence under section 82 (1) (a), to a fine of not more than $250 000, and

(b) in any other case, to a fine of not more than $250 000 and not less than $2 500.

45 Section 88 is amended

(a) in subsections (1) and (2) by striking out "and his or her hunting licence",

(b) in subsection (3) (a) by adding ", if any," after "hunting licence",

(c) in subsection (3) (b) by striking out "and the person's hunting licence",

(d) in subsection (4) by striking out "and the licence",

(e) in subsections (4) and (6) by striking out "the suspensions" and substituting "the suspension and prohibitions referred to in subsection (3) (a)",

(f) in subsection (6) by striking out "and licence",

(g) by repealing subsection (7), and

(h) by repealing subsection (8) and substituting the following:

(8) A person commits an offence if the person, during the period of the suspension and prohibitions referred to in subsection (3) (a),

(a) applies for or in any way obtains a new hunting licence,

(b) hunts, or

(c) carries a firearm.

46 Section 97 is amended by renumbering the section as section 97 (1) and by adding the following subsection:

(2) A person complies with subsection (1) (a) if the person produces a legible copy of a record referred to in that subsection, unless the record was issued in paper form and the regulations require that the original record be produced.

47 Section 97.71 is amended

(a) in subsection (1) by striking out "in accordance with subsection (2) of this section", and

(b) by repealing subsection (2).

48 Sections 97.73 (2), 101 (3) and 107.1 are repealed.

49 Section 108 (2) is amended by adding the following paragraphs:

(f.1) requiring that the original copy of a licence, permit or limited entry hunting authorization issued in paper form be produced for the purposes of section 97 (1) (a);

(r.1) respecting the manner in which a notice under this Act may or must be given and when a notice given in a specified manner, whether actually received or not, must be considered to have been received; .

Commencement

50  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: