Bill 23 – 2021: Forests Statutes Amendment Act, 2021

HONOURABLE KATRINE CONROY
MINISTER OF FORESTS, LANDS, NATURAL RESOURCE
OPERATIONS AND RURAL DEVELOPMENT

BILL 23 – 2021

FORESTS STATUTES AMENDMENT ACT, 2021

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

(a) a forest landscape area within the meaning of the Forest and Range Practices Act, or

(b) an area of land that was formerly a forest landscape area within the meaning of that Act;

"forest operations plan" means a forest operations plan under the Forest and Range Practices Act; .

2 Section 1 (1) is amended by repealing the definition of "forest service road" and substituting the following:

"forest service road" means a road on Crown land that is declared under this Act or the former Act to be a forest service road; .

(a) in subsection (2) (a) by striking out "may invite applications" and substituting "may, subject to section 22.5, invite applications", and

(b) in subsection (6) by striking out "If an eligible application" and substituting "Subject to section 22.5, if an eligible application".

Limitation on issuance of timber sale licences

22.5 A timber sales manager may not invite applications for a timber sale licence under section 20 (2), or enter into a timber sale licence under section 20 (6), if

(a) the timber sale licence would grant rights to harvest Crown timber on land located inside a forest landscape area and either of the following applies:

(i) the timber sales manager does not hold a forest operations plan, as required under the Forest and Range Practices Act, that applies to the land;

(ii) the location of the land is inconsistent with the approximate locations of proposed cutblocks shown in a forest operations plan held by the timber sales manager, or

(b) the timber sale licence would grant rights to harvest Crown timber on land located outside a forest landscape area and the timber sales manager does not hold a forest stewardship plan, as required under the Forest and Range Practices Act, that applies to the land.

(d.4) in the case of a disposition of a road permit, the intended recipient is a person who, under section 115 (1), may be granted a road permit; .

(2) The minister may, in approving a disposition of an agreement under section 54 (2) (a), attach conditions to the approval. ,

(b) in subsection (3) by striking out "the minister may attach as a condition to an approval under section 54 (2) (a)" and substituting "the minister may, in approving a disposition of an agreement under section 54 (2) (a), attach as a condition", and

(4) Without limiting subsection (2), the minister may, in approving a disposition of an agreement under section 54 (2) (a), attach conditions in relation to a road permit associated with the agreement, including conditions requiring the holder of the agreement to do any of the following:

(a) dispose of the road permit, in accordance with section 54, to the intended recipient of the agreement;

(c) if the holder will continue to hold the road permit after the disposition of the agreement, provide security to the minister for the performance of the holder's obligations under the road permit, this Act, the Forest and Range Practices Act and the Wildfire Act.

(a) in subsection (1) (a) and (b) by striking out "purported" and substituting "purports",

(b) in subsection (1) (a) and (c) by striking out "was not met" and substituting "is not met", and

(1.1) The minister may suspend rights under a road permit under section 76 (1) if a condition relating to the road permit attached under section 54.01 (4) to an approval of a disposition of an agreement is not met.

Transition for cutting permits in effect on November 4, 2003

(2) Subject to subsection (3), the term of a cutting permit to which this section applies must not be extended.

(3) If the term of a cutting permit to which this section applies expires before the date that is one year after the date this section comes into force, the term of the cutting permit is extended to that date.

(4) The operation of a cutting permit to which this section applies must not be postponed.

(6) If the minister cancels a road permit under subsection (1), the minister may specify the date by which a road authorized under the permit must be deactivated.

Refusal of permit – failure to hold forest operations plan or inconsistency with plan

81.11 (1) A permit issuer must refuse an application for a cutting permit or road permit to construct a road if the land that would be subject to the permit is located inside a forest landscape area and any of the following applies:

(a) the applicant does not hold a forest operations plan, as required under the Forest and Range Practices Act, that applies to the land that would be subject to the permit;

(b) in the case of an application for a cutting permit, the area requested to be harvested under the permit is inconsistent with the approximate locations of proposed cutblocks shown in a forest operations plan held by the applicant;

(c) in the case of an application for a road permit, the location of the proposed road is inconsistent with the approximate locations of proposed roads shown in a forest operations plan held by the applicant.

(2) In considering whether an application must be refused under subsection (1) (b) or (c), the permit issuer must consider matters prescribed by regulation, if any.

13 Section 81.2 (2), as enacted by the Forest and Range Practices Amendment Act, 2019, S.B.C. 2019, c. 25, is amended

(a) by striking out "if any of the following applies" and substituting "if the land that would be subject to the permit is located outside a forest landscape area and any of the following applies", and

(b) in paragraph (a) by striking out "in relation to the area that will be subject" and substituting "in relation to the land that would be subject".

Cutting permits or road permits that apply to areas inside and outside forest landscape areas

81.3 If a person applies for a cutting permit or road permit to construct a road and only a portion of the land that will be subject to the permit is located inside a forest landscape area,

(a) section 81.11 applies to the permit application as it relates to the portion of land that is inside the forest landscape area, and

(b) section 81.2 applies to the permit application as it relates to the portion of land outside the forest landscape area.

(a) in subsection (2) by striking out "Subject to sections 81, 81.1 and 81.2" and substituting "Subject to sections 81, 81.1, 81.11 and 81.2", and

(b) in subsections (3) and (4) by striking out "compromise a forest stewardship plan" and substituting "compromise a forest operations plan or forest stewardship plan".

(0.1) In this section, "natural resource development purpose" has the same meaning as in section 21.1 of the Forest and Range Practices Act. , and

(b) in subsections (1) and (2) by striking out "industrial purpose" and substituting "natural resource development purpose".

19 Section 118 is amended by repealing subsection (1) and substituting the following:

(a) describe the location of the road that is or will be subject to the road permit;

(d) if the road permit grants the right to harvest Crown timber, require the holder to pay to the government, in addition to other amounts payable under this Act,

(ii) waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the road permit but, at the holder's discretion, is not cut and removed.

(a) authorize the holder to, on Crown land that is in a Provincial forest and is in the right of way of the road,

(i) manage and use that land for sand pits, gravel pits, rock quarries or other quarries that are in the right of way, and

(ii) use the materials in the pits and quarries referred to in subparagraph (i) for maintaining the road or, if applicable, constructing the road;

(c) include other terms and conditions that are consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts.

Deactivation of roads authorized under road permits

118.1 (1) In this section, "deactivate", in relation to a road, means to deactivate the road in accordance with the requirements under the Forest and Range Practices Act that apply to the deactivation of the road.

(2) Except in prescribed circumstances, the holder of a road permit must deactivate a road authorized under the road permit by the earliest of the following:

(ii) rights under the road permit that relate to the road expire or are surrendered;

Road use permit content

119 (1) A road use permit must describe the forest service road that the holder may use.

(2) A road use permit may include terms and conditions that are consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts.

Declaration of forest service road

120.1 (1) The minister may declare a road on Crown land to be a forest service road if any of the following applies:

(b) the road is a forest resource road within the meaning of section 21.1 of the Forest and Range Practices Act;

(c) the road is constructed or maintained by the minister under section 121 (1) of this Act, or is on private land taken by the minister under that section;

(d) the road is on land dedicated to the government under section 121 (8) of this Act.

(2) If a road referred to in subsection (1) (a) is declared to be a forest service road, the minister must grant a road use permit in relation to the road to the holder of the road permit.

(a) in subsection (1) by adding "do one or more of the following:" after "or the Wildfire Act may",

(f) enter into an agreement with an owner of land, under section 3 (1) of the Expropriation Act or otherwise, that provides for the dedication of the land, in accordance with subsection (8) of this section, to the government for use as a road. ,

(8) If the minister enters into an agreement under subsection (1) (f) with an owner of land, the minister may, for the purposes of causing the land to be dedicated to the government under section 107 of the Land Title Act, deposit in the land title office a reference plan or explanatory plan that shows the portion of land subject to the agreement as a road and, in that event, section 107 (1) (c), (d) and (e) and (3) of the Land Title Act applies to that portion of land.

25 Section 151 (2) (m.7), as enacted by the Forest and Range Practices Amendment Act, 2019, S.B.C. 2019, c. 25, is amended by striking out "section 81.2 (3)" and substituting "section 81.11 (2) or 81.2 (3)".

27 Section 151.8 (k) is amended by striking out "sections 56.63 to 54.67" and substituting "sections 54.63 to 54.67".

28 Section 163 (1) is amended by striking out "105.1 (2) or (3)," and substituting "105.1 (2) or (3), 118.1 (2),".

(3) If the minister determines under section 71 of the Forest and Range Practices Act that a person has contravened section 118.1 (2) of this Act, the minister may order the person to do work reasonably necessary to remedy the contravention, and, for that purpose, an order under this subsection is deemed to be an order under section 74 (1) of the Forest and Range Practices Act.

30 Section 1 (1) of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is amended

"area of catastrophic damage" means an area designated under section 108.2 as an area of catastrophic damage;

"forest landscape area", in relation to a forest landscape plan, means the area of land specified in the plan as the forest landscape area;

"forest operations area", in relation to a forest operations plan, means the area of land specified in the plan as the forest operations area;

"ministry website" means a publicly accessible website maintained by or on behalf of the ministry of the minister; ,

(b) in the definition of "operational plan" by adding "forest operations plan," before "forest stewardship plan,",

"planning guideline" means a guideline included under section 2.28 (2) in a forest landscape plan;

"trail-based recreation area" means a trail-based recreation area established under section 56; , and

(d) by repealing paragraph (b) (i) and (ii) of the definition of "wildlife" and substituting the following:

(i) vertebrates of the order Petromyzoniformes (lampreys) or class Osteichthyes (bony fishes), or

(ii) invertebrates of the subphylum Crustacea (crustaceans) or phylum Mollusca (mollusks), and .

Interpretation – forest landscape plans and planning guidelines

2.01 (1) For the purposes of this Act, a forest landscape plan applies to a forest operations plan if any portion of the forest operations area is within the forest landscape area.

(2) For the purposes of this Act, a planning guideline applies to a forest operations plan if the forest landscape plan that includes the planning guideline applies to the forest operations plan.

32 Section 2.1 (5) is amended by striking out "woodlot plan" and substituting "woodlot licence plan".

Definitions and interpretation for Part 1.1

(i) is located inside the Coast Forest Region and includes Crown land of more than 800 ha, or

(ii) is located outside the Coast Forest Region and includes Crown land of more than 1 200 ha;

(i) is located inside the Coast Forest Region and includes Crown land of more than 800 ha, or

(ii) is located outside the Coast Forest Region and includes Crown land of more than 1 200 ha;

"Indigenous governing body" has the same meaning as in section 1 (1) of the Declaration on the Rights of Indigenous Peoples Act;

"Indigenous peoples" has the same meaning as in section 1 (1) of the Declaration on the Rights of Indigenous Peoples Act;

"proposed cutblock" means a proposed cutblock referred to in section 2.36 (2) (a) or (3) (a) that is shown in a forest operations plan;

"proposed road" means a proposed road referred to in section 2.36 (2) (b) or (3) (b) that is shown in a forest operations plan.

Chief forester may establish forest landscape plan

2.21 (1) The chief forester may, by order, establish a forest landscape plan for the following land:

(2) Notice of an order establishing a forest landscape plan must be published in the Gazette.

(3) A forest landscape plan established by order of the chief forester takes effect on the later of the following:

Preparation of forest landscape plan

2.22 The chief forester, in preparing a forest landscape plan, must consider the following objectives:

(a) supporting the production and supply of timber in the forest landscape area;

(e) preventing, mitigating and adapting to impacts caused by significant disturbances to forests and forest health, including wildfire, insects, disease and drought.

Consultation and cooperation with Indigenous peoples

2.23 Before establishing a forest landscape plan, the chief forester must consult and cooperate with Indigenous peoples whose rights could be affected by the establishment of the forest landscape plan.

Consultation and cooperation with Indigenous governing body

2.24 (1) For the purposes of section 2.23, the chief forester must, before preparing a forest landscape plan, provide notice to any Indigenous governing body that is authorized to act on behalf of Indigenous peoples whose rights could be affected by the establishment of the forest landscape plan.

(2) On providing notice under subsection (1) to an Indigenous governing body, the chief forester must attempt to establish, with the Indigenous governing body, a process for consultation and cooperation in the preparation of the forest landscape plan.

(3) If a process for consultation and cooperation is established under subsection (2) with an Indigenous governing body within 60 days of the provision of notice under subsection (1) to the Indigenous governing body, the chief forester must implement the process before establishing the forest landscape plan.

Consultation and cooperation with Indigenous governing body if process not established

2.25 (1) If a process for consultation and cooperation in the preparation of a forest landscape plan is not established under section 2.24 (2) with an Indigenous governing body referred to in that subsection within 60 days of the provision of notice, the chief forester must,

(a) before preparing the forest landscape plan, provide the information proposed to be used by the chief forester for the purposes of preparing the forest landscape plan to the Indigenous governing body, and

(b) on completing a proposed forest landscape plan, provide the proposed forest landscape plan to the Indigenous governing body.

(2) An Indigenous governing body may, within 60 days after receiving the information referred to in subsection (1) (a) or the proposed forest landscape plan referred to subsection (1) (b), provide comments to the chief forester.

(a) after considering any comments received from an Indigenous governing body under subsection (2), make the proposed forest landscape plan publicly available for review and comment, and

(b) after considering any comments received from the public under paragraph (a), provide the proposed forest landscape plan to the Indigenous governing body.

(4) An Indigenous governing body may, within 60 days after receiving a proposed forest landscape plan under subsection (3) (b), provide notice to the chief forester of its consent or lack of consent to the proposed forest landscape plan.

(a) offer to meet with an Indigenous governing body that provides notice of its lack of consent under subsection (4), and

(b) attempt to achieve consensus with the Indigenous governing body respecting the proposed forest landscape plan.

Dispute resolution facilitation

2.26 (1) In this section, "facilitator" means an individual appointed under subsection (2).

(2) If a dispute arises between the chief forester and an Indigenous governing body to which notice was provided under section 2.24 (1) relating to a matter described in section 2.25 (5) and the chief forester and the Indigenous governing body cannot resolve the dispute, the chief forester must appoint an individual to facilitate the resolution of the dispute.

(3) Before appointing a facilitator, the chief forester must consider any comments of the Indigenous governing body referred to in subsection (2) respecting the appointment.

(4) The chief forester must participate in a dispute resolution facilitation in respect of a dispute referred to in subsection (2).

(5) A facilitator must provide a report on a completed dispute resolution facilitation to each participant.

(6) The chief forester must not take further action in respect of a decision or matter that is the subject of a dispute resolution facilitation until after the facilitator provides a report.

(7) A report of a facilitator does not limit the power of the chief forester in respect of the decision or matter that is the subject of the report.

(8) This section and section 2.27 do not apply in respect of a dispute between the chief forester and an Indigenous governing body if a process for consultation and cooperation referred to in section 2.24 (3) established with the Indigenous governing body provides for the resolution of disputes.

(9) This section and section 2.27 are not to be taken as limiting any right an Indigenous governing body may have to seek a remedy from a court.

(10) For certainty, this section and section 2.27 must be construed in accordance with section 35 of the Constitution Act, 1982.

Alternative dispute resolution process

2.27 (1) Despite section 2.26, the chief forester and an Indigenous governing body to which notice is provided under section 2.24 (1) may agree to participate in an alternative dispute resolution process other than a dispute resolution facilitation referred to in section 2.26 if the participants are satisfied that the alternative dispute resolution process gives due consideration to the customs, traditions, rules and legal systems of the Indigenous governing body.

(2) The conclusion of an alternative dispute resolution process referred to in subsection (1) does not limit the power of the chief forester in respect of the decision or matter that was the subject of the alternative dispute resolution process.

Content of forest landscape plan

(c) a description of how the objectives referred to in section 2.22 were taken into consideration in establishing the outcomes referred to in paragraph (b) of this subsection.

(2) For the purposes of achieving the outcomes referred to in subsection (1) (b), a forest landscape plan may include planning guidelines for forest operations plans in relation to one or more of the following matters:

(c) requirements relating to forest practices, silvicultural systems or stocking standards that should be included in the forest operations plans.

(3) A forest landscape plan must be consistent with any objectives established under section 93.4 of the Land Act.

Term of forest landscape plans

(2) Despite subsection (1), when the term of a replacement forest landscape plan begins, the forest landscape plan that is being replaced ceases to apply to the forest landscape area of the replacement plan.

Extension of forest landscape plan

2.3 (1) The chief forester may, by order, extend the term of a forest landscape plan on one or more occasions.

Report on forest landscape plans

2.31 (1) In this section, "reporting period", in relation to a forest landscape plan, means each successive 5-year period during the term of the plan, beginning on the effective date of the plan.

(2) Within 2 years after the end of a reporting period for a forest landscape plan, the chief forester must publish a report on a ministry website setting out the extent to which the outcomes identified in the plan have been achieved during the reporting period.

Plans, studies, analyses and information

2.32 (1) The chief forester may, by order, for the purposes of preparing or amending a forest landscape plan or preparing a report under section 2.31 in relation to a forest landscape plan, require a person referred to in subsection (2) of this section to take one or more of the following actions, as the chief forester considers adequate:

(a) the holder of an agreement that authorizes timber harvesting in the forest landscape area;

(b) the holder of a forest operations plan to which the forest landscape plan applies or will apply, as applicable.

(3) A plan, study or analysis or information required under subsection (1) must be prepared, submitted or obtained within the time and in the form and manner specified in the order.

Notice of decisions in relation to forest landscape plans

2.33 (1) The chief forester must give notice to the holder of an agreement that grants rights to harvest timber in a forest landscape area if, in relation to the forest landscape plan, the chief forester makes an order that

(2) Subject to subsection (3), if the holder of an agreement submits a forest operations plan or amendment for approval under Division 2 of this Part before the chief forester gives notice to the holder of an order under subsection (1), that Division applies to the submission for approval as though the order were not made.

(3) Subsection (2) does not apply if the holder of the agreement waives the right to be given notice of the order.

Requirement to keep records of forest landscape plans

2.34 (1) The chief forester must keep a record of each forest landscape plan and of each of the following, as applicable, that relates to the plan:

(2) The chief forester must, in a manner the chief forester considers adequate, make available to a person on request a copy of each record referred to in subsection (1).

(3) During the term of a forest landscape plan, the chief forester must publish on a ministry website

(b) the records referred to in subsection (1) (a), (b) (i) and (ii) and (c) that relate to the plan.

Forest operations plan

"approved forest operations plan" means a forest operations plan that is approved by the minister;

"forest landscape area" includes an area of land that was formerly a forest landscape area.

(2) If land subject to an agreement is located inside a forest landscape area, the holder of the agreement must not do any of the following unless the holder holds an approved forest operations plan that applies to the land:

(3) A timber sales manager may not do any of the following in relation to land located inside a forest landscape area unless the timber sales manager holds an approved forest operations plan that applies to the land:

(a) invite applications for, or enter into, a timber sale licence that grants rights to harvest timber on the land;

(b) grant to the holder of a timber sale licence a road permit to construct a road on the land;

(4) The holder of an agreement is exempt from subsection (2) (c) and (d) if the holder harvests timber or constructs roads in an area of land that is subject to a cutting permit or road permit issued before

(a) the expiry of a forest operations plan that applied to the area subject to the permit, or

(b) the removal of the holder as a party to a forest operations plan that applied to the area subject to the permit.

(5) The holder of an agreement is exempt from subsection (2) if the holder only does one or more of the following on land subject to the agreement:

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

(d) harvests timber not exceeding a volume of 500 m³ that, in the opinion of the minister,

(i) is in danger of being significantly reduced in value, lost or destroyed, by insect infestation, fire or disease, or

(ii) has been treated or will be treated by the holder to facilitate the entrapment or elimination of pests;

(6) A timber sales manager is exempt from subsection (3) in prescribed circumstances.

Content of forest operations plan

(b) include requirements for the forest operations area in respect of forest practices, silvicultural systems and stocking standards;

(2) A forest operations plan held by the holder of an agreement must include a map, in a scale and form satisfactory to the minister, that shows the following:

(a) the approximate location of each proposed cutblock that is to be the subject of a cutting permit that the holder intends to apply for during the term of the forest operations plan;

(b) the approximate location of each proposed road that is to be the subject of a road permit that the holder intends to apply for during the term of the forest operations plan;

(i) that is within a prescribed distance of a proposed cutblock referred to in paragraph (a), and

(ii) in which the holder has harvested or started harvesting timber under the agreement;

(i) that is continuous to or within a prescribed distance of a proposed road referred to in paragraph (b), and

(ii) that has been constructed by the holder under a cutting permit or road permit or that is authorized under a cutting permit or road permit held by the holder;

(e) the location of each area that is subject to a cutting permit or road permit held by the holder of the agreement.

(3) A forest operations plan held by a timber sales manager must include a map, in a scale and form satisfactory to the minister, that shows the following:

(a) the approximate location of each proposed cutblock that the timber sales manager intends to include in timber sale licences for which the timber sales manager will invite applications during the term of the forest operations plan;

(b) the approximate location of each proposed road that the timber sales manager intends to construct during the term of the forest operations plan;

(d) the location of each existing road that has been constructed for access to an area that is subject to a timber sale licence.

(4) For the purposes of complying with subsection (1) (b), a forest operations plan may incorporate by reference a requirement described in a planning guideline that applies to the forest operations plan.

(5) A requirement in a planning guideline that is incorporated by reference in a forest operations plan under subsection (4)

(b) is incorporated as it read in the planning guideline on the date on which the forest operations plan is approved or amended to include the requirement, as applicable.

Additional requirements if forest operations plan is inconsistent with planning guidelines

2.37 (1) If either of the following shown in a forest operations plan is inconsistent with a planning guideline under section 2.28 (2) (a) or (b) that applies to the forest operations plan, the forest operations plan must include a statement of the reasons for the inconsistency:

(2) If a forest operations plan does not include a requirement respecting forest practices, silvicultural systems or stocking standards described in a planning guideline under section 2.28 (2) (c) that applies to the forest operations plan, the forest operations plan must include one of the following:

(a) a statement setting out why the requirement in the planning guideline is not included in the forest operations plan;

(b) a substitution for the requirement in the planning guideline, together with a statement setting out

(i) why the substituted requirement is included in the forest operations plan, and

(ii) how the substituted requirement will achieve an outcome similar to the outcome to which the requirement in the planning guideline relates.

Engagement on and review of forest operations plans

2.38 (1) A person must not submit to the minister for approval a forest operations plan or an amendment to a forest operations plan unless the person has done the following, in accordance with the regulations:

(a) made reasonable efforts to engage with Indigenous nations affected by the plan;

(2) In submitting a forest operations plan or amendment to the minister for approval, the person submitting the plan or amendment must include the following:

(a) a summary of the engagement referred to in subsection (1) (a) and a description of any changes made to the plan to address matters raised by Indigenous nations;

(b) a summary of the public review and comment referred to in subsection (1) (b) and a description of any changes made to the plan to address comments received from the public.

(3) If the minister requests a person to resubmit a forest operations plan or amendment to address changes requested by the minister, the minister may relieve the person from the requirements under subsections (1) and (2) for the purposes of resubmitting the plan or amendment.

Approval of forest operations plans

2.39 (1) Subject to section 2.4, the minister may approve a forest operations plan or an amendment to a forest operations plan if satisfied of all of the following:

(a) the plan or amendment meets the requirements set out in sections 2.36 and 2.37, as applicable;

(b) the person who submitted the plan or amendment has complied with section 2.38 (1) and (2);

(i) matters raised by Indigenous nations during engagement under section 2.38 (1) (a), and

(2) Subject to subsection (3), the minister may, in approving a forest operations plan or amendment, impose a condition under section 112 (1) that the holder, by the date specified by the minister, deactivate a road authorized under a road permit or cutting permit held by the holder, including a road that is located outside of the forest operations area.

(3) A condition under subsection (2) may be imposed only in prescribed circumstances.

(4) Except to the extent provided in subsection (3), nothing in subsection (2) limits the discretion of the minister under section 112 to attach a condition to the approval of a forest operations plan or amendment.

Approval of forest operations plans that are inconsistent with forest landscape plans

2.4 (1) If a forest operations plan is inconsistent with a forest landscape plan, or would be inconsistent with a forest landscape plan as a result of an amendment to the forest operations plan, the minister may not approve the forest operations plan or amendment unless the minister is satisfied of all of the following:

(a) the part of the forest operations plan or amendment that is inconsistent with the forest landscape plan nevertheless supports the outcomes included in the forest landscape plan;

(b) the forest operations plan or amendment supports the proper management and conservation of forests and forest ecosystems;

(2) For the purposes of this section, a forest operations plan is deemed to be inconsistent with a forest landscape plan if any of the following applies:

(a) a proposed cutblock is located in an area, or has a size or configuration, contrary to a planning guideline under section 2.28 (2) (a) or (b);

(b) a proposed road is located in an area contrary to a planning guideline under section 2.28 (2) (a);

(c) the forest operations plan does not include, under section 2.36 (1) (b), a requirement relating to forest practices, silvicultural systems or stocking standards that is described in a planning guideline under section 2.28 (2) (c).

(3) Subsection (2) does not limit the circumstances in which a forest operations plan may be considered to be inconsistent with a forest landscape plan.

Limited protection of certain roads and cutblocks

2.41 (1) A proposed forest operations plan or an amendment to a forest operations plan must be considered to have received the minister's approval under section 2.39 for the parts of the plan, if any, that relate to a cutting permit, road permit or timber sale licence that is in effect on the date on which the proposed forest operations plan is submitted for approval.

(2) In prescribed circumstances, a forest operations plan or amendment must be considered to have received the minister's approval under section 2.39 for the parts of the plan that relate to prescribed matters or things.

Term of forest operations plan

(a) is the period, not exceeding 5 years, that the person submitting the plan for approval specifies at the time of submission, and

(b) begins on the date specified in writing by the minister in approving the plan.

(2) Despite subsection (1), when the term of a replacement forest operations plan begins, the forest operations plan that is being replaced ceases to apply to the forest operations area of the replacement plan.

Extension of term of forest operations plan

2.43 (1) In this section, "original expiry date", in relation to a forest operations plan, means the date on which the term of the plan would expire if no extension were made under this section.

(2) Subject to subsection (3), the minister, by giving written notice to the holder of a forest operations plan, may extend the term of the plan as follows:

(a) in prescribed circumstances, for a period of one year or less on one or more occasions;

(b) for a period of 2 years or less on one or more occasions if the minister considers that the government, before the plan expires, is unlikely to complete consultations with Indigenous nations in relation to a replacement forest operations plan.

(a) under subsection (2) (a) to a date later than one year after the plan's original expiry date, and

(b) under subsection (2) (b) to a date later than 2 years after the plan's original expiry date.

(4) The term of a forest operations plan may be extended under this section before or after the plan expires.

(5) A forest operations plan that is extended under this section may include changes to the extent provided in the regulations.

Amendments to forest operations plan not effective unless approved

2.44 Unless the regulations provide otherwise, an amendment to a forest operations plan is not effective unless the amendment is approved by the minister under section 2.39.

Mandatory amendments to forest operations plan

2.45 (1) Unless the regulations provide otherwise, the holder of a forest operations plan must propose and submit, for approval by the minister under section 2.39 and in accordance with this section, an amendment to the plan if any of the following applies:

(a) the area specified in the plan as the location of a proposed cutblock or proposed road is affected by an amendment to any of the following enactments:

(b) the holder is required by the regulations to propose and submit the amendment to the plan.

(2) An amendment required under this section must address the following, as applicable:

(3) An amendment required under this section must be submitted within the following period, as applicable:

(a) in the case of a plan amendment required under subsection (1) (a), the longer of

(i) 6 months from the date that the enactment referred to in subsection (1) (a) is amended, and

(ii) the period, if any, specified in the enactment referred to in subsection (1) (a);

(b) in the case of a plan amendment required by a regulation referred to in subsection (1) (b), a period of 6 months or longer specified in the regulation.

(4) In prescribed circumstances, the minister may exempt a person from a requirement to amend a plan under subsection (1).

Annual forest development schedule

2.46 (1) On or before December 31 of each calendar year, the holder of a forest operations plan, other than a timber sales manager, must make publicly available, in accordance with the regulations, a forest development schedule that shows each location in the forest operations area where the holder intends to start harvesting timber or constructing roads in the next calendar year.

(2) On or before December 31 of each calendar year, a timber sales manager who holds a forest operations plan must publish on a ministry website a forest development schedule that shows each location in the forest operations area that will be included in timber sale licences for which the timber sales manager intends to invite applications in the next calendar year.

(3) A forest development schedule must be consistent with the forest operations plan to which the schedule relates.

(4) A forest development schedule must meet the prescribed requirements, if any.

Site level plans for cutblocks and roads

2.47 (1) Unless the regulations provide otherwise, the holder of a forest operations plan must prepare a site level plan

(a) for a cutblock, before the holder starts harvesting timber on the cutblock, and

(b) for a road, before the holder starts harvesting timber for the purposes of constructing the road.

(b) be consistent with the forest landscape plan and forest operations plan that applies to the plan area of the site level plan;

(3) A site level plan may apply to one or more cutblocks and roads whether the cutblocks and roads are located within one forest operations area or more than one forest operations area.

Exemption from requirement to hold forest operations plan – activities under forest stewardship plans in new forest landscape areas

"related forest landscape plan" means the forest landscape plan that establishes a new forest landscape area.

(2) For the purposes of this section, an area of land is a new forest landscape area if, immediately before the establishment of a forest landscape plan that applies to the area, the area has never been included in a forest landscape area.

(3) Subject to subsection (4), the holder of a forest stewardship plan is exempt from section 2.35 (2) and (3) in relation to a portion of a forest development unit included in the plan if the portion is within a new forest landscape area and either of the following applies:

(a) the forest stewardship plan is approved by the minister before the date on which the related forest landscape plan takes effect;

(b) the forest stewardship plan, or an amendment to the forest stewardship plan to add the portion to the forest development unit,

(i) is submitted to the minister for approval before the date on which the related forest landscape plan takes effect, and

(ii) is approved by the minister on or after the date on which the related forest landscape plan takes effect.

(4) The exemption under subsection (3) ceases to apply to the person on the following date, as applicable:

(a) unless paragraph (b) of this subsection applies, the date that is one year after the date on which the related forest landscape plan takes effect;

(b) if the holder, within 6 months after the date on which the related forest landscape plan takes effect, submits to the minister for approval a forest operations plan that applies to the portion, the date on which the forest operations plan is approved or rejected by the minister.

(5) Despite section 16 (1.02), that section does not apply to a forest stewardship plan or amendment referred to in subsection (3) (b) of this section that is submitted to the minister for approval before the date on which the related forest landscape plan referred to in subsection (3) (b) of this section takes effect.

Exemption from requirement to hold forest operations plan – activities under cutting permits or road permits issued in relation to forest stewardship plans

2.49 The holder of an agreement is exempt from section 2.35 (2) (c) and (d) if the holder harvests timber or constructs roads in an area of land that is subject to a cutting permit or road permit issued before

(a) the expiry of a forest stewardship plan that included a forest development unit containing the area subject to the permit, or

(b) the removal of the holder as a party to a forest stewardship plan that included a forest development unit containing the area subject to the permit.

Decision-making agreement

"decision-making agreement" means an agreement entered into under section 7 of the Declaration on the Rights of Indigenous Peoples Act by the minister, on behalf of the government, and an Indigenous governing body relating to one or both of the following:

(b) the consent of the Indigenous governing body before the exercise of a statutory power of decision of the minister or the chief forester under this Part;

"statutory power of decision" has the same meaning as in section 1 (1) of the Declaration on the Rights of Indigenous Peoples Act.

(2) The definition of "agreement" in section 2.2 does not apply for the purposes of the definition of "decision-making agreement" in subsection (1) of this section.

(3) This Division applies despite Divisions 1 and 2 of this Part and sections 79 to 83.1 and 84 (1).

Decision-making agreement – statutory power of decision of chief forester

2.51 (1) This section applies in respect of the power of the chief forester to make the following orders:

(b) an order under section 2.3 (1) extending the term of a forest landscape plan;

(2) Subject to subsections (3) to (7), if a decision-making agreement has been entered into in respect of the power of the chief forester to make an order referred to in subsection (1),

(a) the power must be exercised in accordance with the decision-making agreement, and

(b) a reference in this Act or the regulations to the order is to be read as a reference to the order as made in accordance with the decision-making agreement.

(3) A decision-making agreement may establish objectives in addition to those set out in section 2.22 that must be considered in the preparation of a forest landscape plan.

(4) Subject to subsection (5), sections 2.23 to 2.27 apply in respect of the preparation of a forest landscape plan to be established by an order made in accordance with a decision-making agreement.

(5) If a decision-making agreement so provides, sections 2.23 to 2.27 do not apply in respect of an Indigenous governing body that is a party to the decision-making agreement in relation to a forest landscape plan to be established by an order made in accordance with the decision-making agreement.

(6) Section 2.28 applies to a forest landscape plan established by an order made in accordance with a decision-making agreement.

(7) The term of a forest landscape plan established by an order made in accordance with a decision-making agreement is the period of not less than 5 years and not more than 10 years specified in the order.

Decision-making agreement – statutory power of chief forester

2.52 (1) This section applies in respect of the power of the chief forester under section 2.32 (1) to, by order, require the submission of plans, studies, analyses or information for the purposes of preparing or amending a forest landscape plan or preparing a report under section 2.31.

(2) If a decision-making agreement provides for the exercise of the power of the chief forester to make an order referred to in subsection (1),

(a) the power must be exercised in accordance with the decision-making agreement, and

(b) a reference in this Act or the regulations to the order is to be read as a reference to the order as made in accordance with the decision-making agreement.

Decision-making agreement – statutory power of minister

2.53 (1) This section applies in respect of the following powers of the minister:

(a) the power under section 2.38 (3) to relieve a person from the requirements under section 2.38 (1) and (2) for the purposes of resubmitting a forest operations plan or an amendment to a forest operations plan;

(b) the power under section 2.45 (4) to exempt a person from a requirement under section 2.45 (1) to amend a forest operations plan.

(2) If a decision-making agreement provides for the exercise of a power of the minister referred to in subsection (1),

(a) the power must be exercised in accordance with the decision-making agreement, and

(b) a reference in this Act or the regulations to the power exercised by the minister is to be read as a reference to the power as exercised in accordance with the decision-making agreement.

Decision-making agreement – statutory power of decision of minister

2.54 (1) This section applies in respect of the following powers of the minister:

(a) the power under section 2.39 to approve a forest operations plan or an amendment to a forest operations plan;

(b) the power under section 2.43 to extend the term of a forest operations plan;

(c) the power under section 112 to impose, remove or vary conditions in respect of an approval of a forest operations plan or of an amendment to a forest operations plan.

(2) Subject to subsection (3), if a decision-making agreement has been entered into in respect of a power of the minister referred to in subsection (1),

(a) the power must be exercised in accordance with the decision-making agreement, and

(b) a reference in this Act or the regulations to the power exercised by the minister is to be read as a reference to the power as exercised in accordance with the decision-making agreement.

(3) The criteria set out in sections 2.39 (1) (a) to (c) and 2.4 (1) (a) to (c) apply to the granting of an approval of a forest operations plan or of an amendment to a forest operations plan in accordance with a decision-making agreement.

(4) Section 2.39 (2) to (4) applies, with the necessary changes, to the imposition of conditions in respect of an approval of a forest operations plan or of an amendment to a forest operations plan in accordance with a decision-making agreement.

(5) Section 79 applies to a correction of an approval granted under section 2.39 (1) in accordance with a decision-making agreement, except that the reference in that section to the person who made the determination is to be read as a reference to the minister.

(6) A review required under section 80 (1) of an approval granted under section 2.39 (1) in accordance with a decision-making agreement must be conducted in accordance with the decision-making agreement.

(7) A review referred to in subsection (6) may be conducted only if there is evidence that was not available at the time of the original determination.

(8) Section 80 (2), (3) and (5) applies, with the necessary changes, to a review referred to in subsection (6).

(9) The minister may extend the time limit for requiring a review referred to in subsection (6) before or after its expiry.

(10) Unless a decision-making agreement so provides, sections 81 to 83.1 and 84 (1) do not apply with respect to

(a) an approval granted under section 2.39 (1) in accordance with the decision-making agreement, and

(11) If a decision-making agreement provides that section 81 applies with respect to an approval referred to in subsection (10) (a) of this section,

(a) a review required by the board under section 81 (1) must be conducted in accordance with the decision-making agreement, and

(b) the minister may extend the time limit for requiring a review referred to in paragraph (a) of this subsection before or after its expiry.

"approved forest stewardship plan" means a forest stewardship plan that is approved by the minister;

"forest landscape area" includes an area of land that was formerly a forest landscape area. ,

(1) If land subject to an agreement is located outside a forest landscape area, the holder of the agreement must not do any of the following unless the holder holds an approved forest stewardship plan that includes a forest development unit that contains the land:

(1.1) The holder of an agreement is exempt from subsection (1) (c) and (d) if the holder harvests timber or constructs roads in an area of land that is subject to a cutting permit or road permit issued before

(a) the expiry of a forest stewardship plan that included a forest development unit containing the area subject to the permit, or

(b) the removal of the holder as a party to a forest stewardship plan that included a forest development unit containing the area subject to the permit.

(2) A timber sales manager may not do any of the following in relation to land located outside a forest landscape area unless the timber sales manager holds an approved forest stewardship plan that includes a forest development unit that contains the land:

(a) invite applications for, or enter into, a timber sale licence that grants rights to harvest timber on the land;

(b) grant to the holder of a timber sale licence a road permit to construct a road on the land;

36 Section 4 (1) is amended by striking out "the holder of a licence or an agreement" and substituting "the holder of an agreement".

37 Section 5 (1) (b) is amended by striking out "and" at the end of subparagraph (i) and by adding the following subparagraph:

(i.1) if a portion of a forest development unit is within an area prescribed by the minister under section 168.1, the objectives prescribed by the minister under that section for prescribed resources and features in that area, and .

(0.1) In this section, "approved woodlot licence plan" means a woodlot licence plan that is approved by the minister. , and

(1) The holder of a woodlot licence must not do any of the following on land within the woodlot licence area unless the holder holds an approved woodlot licence plan that includes the land:

(1.1) The holder of a woodlot licence is exempt from subsection (1) (c) and (d) if the holder harvests timber or constructs roads in an area of land that is subject to a cutting permit or road permit issued before the expiry of a woodlot licence plan that included the area subject to the permit.

(1) Subject to subsection (1.02), the minister must approve a forest stewardship plan or an amendment to a forest stewardship plan if satisfied of all of the following:

(i) matters raised by Indigenous nations during engagement under section 18 (1) (a), and

(a) a forest stewardship plan if a portion of a forest development unit included in the plan would be within a forest landscape area or an area of land that was formerly a forest landscape area;

(b) an amendment to a forest stewardship plan if, as a result of the amendment, a portion of a forest development unit included in the plan would be within a forest landscape area or an area of land that was formerly a forest landscape area.

Engagement on and review of forest stewardship plans

18 (1) A person must not submit to the minister for approval a forest stewardship plan, or an amendment to a forest stewardship plan, unless the person has done the following, in accordance with the regulations:

(a) made reasonable efforts to engage with Indigenous nations affected by the plan;

(2) In submitting a forest stewardship plan or amendment to the minister for approval, the person submitting the plan or amendment must include the following:

(a) a summary of the engagement referred to in subsection (1) (a) and a description of any changes made to the plan to address matters raised by Indigenous nations;

(b) a summary of the public review and comment referred to in subsection (1) (b) and a description of any changes made to the plan to address comments received from the public.

(3) If the minister requests a person to resubmit a forest stewardship plan or amendment to address changes requested by the minister, the minister may relieve the person from the requirements under subsections (1) and (2) for the purposes of resubmitting the plan or amendment.

Definitions for Part 2.1

"licence area", in relation to a timber sale licence, means the area of land subject to the licence;

"permit area", in relation to a cutting permit or road permit, means the area of land subject to the permit;

(b) in relation to a forest stewardship plan or woodlot licence plan, the area to which the plan applies.

Compliance with forest operations plans

(b) comply with any other provision in the plan that relates to a requirement referred to in paragraph (a).

(2) Subject to subsection (4), if a forest operations plan expires, the obligation under subsection (1) continues to apply to the person who held the expired plan in relation to the requirements and other provisions in the plan as they read immediately before the plan expired.

(3) Subject to subsection (4), if a forest operations plan is amended to remove a person as a holder of the plan, the obligation under subsection (1) continues to apply to the person in relation to the requirements and other provisions in the plan as they read immediately before the person was removed as a holder.

(4) A person is not required to comply with an obligation that continues under subsection (2) or (3) if

(a) the person holds another forest operations plan that applies to the same area to which the obligation relates, and

(b) the other forest operations plan includes a requirement or other provision that is identified as being a replacement for the requirement or other provision to which the obligation relates.

(5) For the purposes of an obligation that continues under subsection (2) or (3), a requirement or other provision referred to in subsection (1) may, as applicable, be amended as if

Compliance with forest stewardship plans and woodlot licence plans

20.22 (1) The holder of a forest stewardship plan or woodlot licence plan must do the following:

(c) comply with any other provision in the plan that relates to a result or strategy referred to in paragraph (a) or (b).

(2) Subject to subsection (4), if a forest stewardship plan or woodlot licence plan expires, the obligation under subsection (1) continues to apply to the person who held the expired plan in relation to the results, strategies and other provisions in the plan as they read immediately before the plan expired.

(3) Subject to subsection (4), if a forest stewardship plan is amended to remove a person as the holder of the plan, the obligation under subsection (1) continues to apply to the person in relation to the results, strategies and other provisions in the plan as they read immediately before the person was removed as a holder.

(4) A person is not required to comply with an obligation that continues under subsection (2) or (3) if

(a) the person holds another forest stewardship plan or woodlot licence plan, or a forest operations plan, that applies to the same area to which the obligation relates, and

(b) that other plan includes a provision that is identified as being a replacement for the result, strategy or other provision to which the obligation relates.

(5) For the purposes of an obligation that continues under subsection (2), a result, strategy or other provision referred to in subsection (1) may be amended as if the forest stewardship plan or woodlot licence plan had not expired.

Plans that apply to issued permits and licences

20.23 (1) If a forest operations plan, forest stewardship plan or woodlot licence plan applies to a portion of the permit area of a cutting permit or road permit on the following date, the plan, as it read on that date, continues to apply in relation to the activities carried out under the permit in the portion despite any subsequent amendment, replacement or expiration of the plan:

(b) if the portion was added to the permit area by an amendment to the permit, the date on which the permit was amended.

(2) If a forest operations plan or forest stewardship plan applies to the licence area of a timber sale licence on the date the licence is advertised, the plan, as it read on that date, continues to apply to the licence area despite any subsequent amendment, replacement or expiration of the plan.

Exemption from requirement to amend operational plan

20.24 The requirement under section 2.45 (1), 8 (1) or 15 (2) to propose and submit amendments to a forest operations plan, forest stewardship plan or woodlot licence plan, as applicable, does not apply to a portion of the plan area if

Planning documents made available to the public

(2) A person, other than a timber sales manager, who holds a plan must make the plan publicly available in accordance with the regulations.

(3) A timber sales manager who holds a plan must publish the plan on a ministry website.

Additional parties to plans

20.26 (1) Subject to subsections (2) and (3), if a forest operations plan, forest stewardship plan or woodlot licence plan has been approved by the minister, a person may be added or removed as a party to the plan only if an amendment to add or remove the person as a party to the plan is approved by the minister.

(2) Unless the regulations provide otherwise, a forest operations plan may be held only by one person.

(3) A woodlot licence plan may be held only by the holder of the woodlot licence to which the plan relates.

Roads constructed by the minister for accessing timber sale licences

20.27 An approval or refusal to approve a forest operations plan, a forest stewardship plan or an amendment to a forest operations plan or forest stewardship plan does not affect the minister's discretion under section 121 of the Forest Act to construct a road to provide access to an area to be harvested under a timber sale licence.

Definitions for Division 2

"forest resource road" means a road, other than a road referred to in subsection (2), that is

(b) outside a Provincial forest and for the purpose of providing access to timber on Crown land,

"natural resource development purpose", in relation to a road, means use of the road for any of the following purposes:

(b) if a road permit shows or describes the road corridor in which the road may be constructed, the Crown land in that road corridor;

"significant road work", in relation to a forest service road, means the following:

(b) constructing works in the road prism or right of way of the forest service road;

"silviculture purpose", in relation to a road, means use of the road for either of the following purposes:

(a) providing access for tree planting that requires more than 12 months to complete;

"timber harvesting purpose", in relation to a road, means use of the road for any of the following purposes:

(2) The following roads are excluded from the definition of "forest resource road" in subsection (1):

(e) a road constructed or maintained under the Pipeline Act, before the repeal of that Act.

46 Section 21.1 (1) is amended by repealing the definition of "significant road work" and substituting the following:

(ii) constructing works in the road prism or right of way of the forest service road;

Application

21.2 (1) Except as provided by the regulations, the obligations and prohibitions set out in this Division do not apply to the government.

(2) If a provision under this Act conflicts or is inconsistent with a provision under the Industrial Roads Act, the provision under this Act prevails.

49 Section 22 (2) is amended by striking out "forest stewardship plan or a woodlot licence plan" and substituting "forest operations plan, forest stewardship plan or woodlot licence plan".

Use of forest service roads for timber harvesting, silviculture or natural resource development purposes

22.1 (1) A person must not use a forest service road for a timber harvesting purpose, silviculture purpose or natural resource development purpose unless one of the following applies:

(2) The minister may grant an exemption to a person for the purposes of subsection (1) (b) if satisfied that the person's use of the forest service road will not

(3) A person granted an exemption under subsection (2) must comply with any conditions of the exemption imposed by the minister.

(4) Subsection (1) does not apply to a person if the person's use of the forest service road is related to operations associated with an agreement under the Range Act.

Use of forest resource roads for timber harvesting, silviculture or natural resource development purposes

22.11 (1) A person must not use a forest resource road for a timber harvesting purpose or silviculture purpose unless one of the following applies:

(2) A person must not use a forest resource road for a natural resource development purpose unless one of the following applies:

(i) was constructed under the authority of the Coal Act, Mineral Tenure Act, Mines Act or Mining Right of Way Act,

(ii) is located within the boundary of a claim, lease, permit or other authorization granted or issued under an Act specified in subparagraph (i), and

(iii) is being used for the purposes of developing a natural resource, other than timber, under the applicable authorization specified in subparagraph (ii);

(d) the road is authorized under the Geothermal Resources Act or Petroleum and Natural Gas Act;

(3) The minister may grant an exemption to a person for the purposes of subsection (1) (c) or (2) (e) if satisfied that the person's use of the forest resource road will not unnecessarily impact forest resources.

(4) A person who is granted an exemption under subsection (3) must do the following:

(a) maintain the road, for the duration of the person's use of the road, in accordance with the regulations and any applicable forest stewardship plan or woodlot licence plan;

(5) Subsection (1) does not apply to a person if the person's use of the forest resource road is for a timber harvesting purpose related to operations associated with an agreement under the Range Act.

Notice of use of forest service road or road authorized under permit or licence

22.12 (1) A person who intends to use a forest service road for a timber harvesting purpose, silviculture purpose or natural resource development purpose must provide notice to the following, in accordance with subsection (3):

(b) if applicable, the holder of a road use permit to whom the obligation to maintain the forest service road has been transferred.

(2) If a road is authorized under any of the following permits or licences, a person who intends to use the road for a timber harvesting purpose, silviculture purpose or natural resource development purpose must provide notice to the holder of the permit or licence, in accordance with subsection (3):

(i) the date that is 6 days before the date on which the person will begin to use the road;

(4) Subsections (1) and (2) do not apply to a person if the person's use of the road is related to operations associated with an agreement under the Range Act.

51 Section 22.11 (4) is amended by adding "forest operations plan," before "forest stewardship plan".

(a) in subsection (1) (b) by striking out "constructed or maintained by the holder of" and substituting "authorized under",

(b) in subsection (1) by striking out "by any person, other than a person referred to in section 22.1, without charge" and substituting "by any person without charge for a purpose other than a timber harvesting purpose, silviculture purpose or natural resource development purpose",

(d) in subsection (4) by striking out "a person, other than a person referred to in section 22.1, who uses a road or class of roads" and substituting "a person who uses a road or class of roads for a purpose other than a timber harvesting purpose, silviculture purpose or natural resource development purpose".

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

(b) in subsection (1) by striking out "and to regulations respecting roads made under the Industrial Roads Act", and

(0.1) In this section, "person responsible for maintaining a road" means the following:

(a) in relation to a road authorized under a road permit, the holder of the permit;

(b) in relation to a road authorized under a woodlot licence, the holder of the licence;

(c) in relation to a forest service road, the holder of a road use permit to whom the obligation to maintain the forest service road has been transferred, if applicable;

(1) By written notice in accordance with this section, the person responsible for maintaining a road may require payment, within the limits imposed under subsection (2) (b), from a person who uses the road for

(a) a timber harvesting purpose, silviculture purpose or natural resource development purpose, or

(1.1) The holder of a road use permit to whom the obligation to maintain a forest service road has been transferred may give a notice under subsection (1) in relation to the forest service road only in the prescribed circumstances. ,

(d) in subsection (3) by striking out "If the holder of the road permit, road use permit or woodlot licence who gives a written notice under subsection (1) and the person who receives the notice do not agree on what amount of payment should be required, the holder and the person" and substituting "Subject to subsection (3.1), if a person responsible for maintaining a road who gives a written notice under subsection (1) and the person who receives the notice do not agree on what amount of payment should be required, the person responsible for maintaining the road and the person who received that notice",

(3.1) Subsection (3) does not apply in respect of an amount specified in a notice given by the minister in respect of a forest service road. , and

(f) in subsection (4) by striking out "holder of the permit or licence" and substituting "person".

Significant road work in relation to forest service roads

23.1 (1) A person must not carry out significant road work in relation to a forest service road unless one of the following applies:

(a) the person is authorized under subsection (2) by the minister to carry out the significant road work;

(b) the person is authorized under the regulations to carry out the significant road work.

(2) The minister may, on application, authorize a person to carry out significant road work in relation to a forest service road.

(3) The minister, in granting an authorization under subsection (2), may impose under section 112 (1) one or more of the following conditions:

(a) that the person give an indemnity to the government for losses or damages sustained by the government, or for claims for losses or damages made against the government, arising out of the significant road work;

(4) If a person is authorized under subsection (2) to carry out significant road work in relation to a forest service road, the minister may authorize the person to use sand, gravel, rock or other materials in the road right of way for the purposes of carrying out the significant road work.

(5) Nothing in subsection (3) of this section limits the discretion of the minister under section 112 (1) to attach a condition to an authorization granted under subsection (2) of this section.

(1.1) A person must not carry out significant road work in relation to a road that is authorized under a road permit unless one of the following applies:

(b) the person has the consent of the holder of the road permit to carry out the significant road work;

(d) the person is authorized to carry out the significant road work under the regulations. ,

(b) in subsections (2) and (4) by adding "or road authorized under a road permit" after "a forest service road", and

Order to deactivate road

23.2 (1) The minister may, by order, require the holder of an agreement under the Forest Act to deactivate a road authorized or constructed under

Exemption from deactivating road

23.3 (1) The minister may exempt the holder of an agreement under the Forest Act from a requirement under this Act or the Forest Act that relates to the deactivation of a road authorized or constructed under

(2) In determining whether to exempt a holder under subsection (1), the minister must consider the following:

Section 42 of Transportation Act does not apply

24 (1) Section 42 (1) of the Transportation Act does not apply to public money spent on the following:

(b) a road authorized under an agreement under the Forest Act or under a cutting permit;

(d) a road constructed or maintained under section 121 of the Forest Act by the minister responsible for that Act;

(2) A road referred to in subsection (1) does not become a public highway under the common law as result of public money being spent on the road.

(a) in subsection (2) by renumbering paragraph (a) as paragraph (a.1) and by adding the following paragraph:

(b) in subsections (7) and (8) by adding "a forest operations plan," before "a forest stewardship plan or a woodlot licence plan".

61 Section 27 (4) is amended by adding "a forest operations plan," before "a forest stewardship plan or a woodlot licence plan".

(0.1) The holder of an agreement within the meaning of section 2.2 who harvests timber to which a forest operations plan applies must establish, in accordance with the plan, the prescribed requirements and the standards, a free growing stand on those portions of the area of the harvest that are in the net area to be reforested. ,

(b) in subsection (1) by striking out "A holder of a major licence or community forest agreement" and substituting "The holder of an agreement within the meaning of section 3" and by striking out "establish in accordance with" and substituting "establish, in accordance with", and

(2) A timber sales manager who is the holder of a forest operations plan or forest stewardship plan must establish, in accordance with the plan, the prescribed requirements and the standards, a free growing stand on those portions of the area of the harvest under the plan that are in the net area to be reforested.

Stocking standards

31.1 (1) In prescribed circumstances, the chief forester may, by order, require the holder of a forest stewardship plan to comply with stocking standards set out in the order.

(2) In making an order under subsection (1), the chief forester may exempt the holder of the forest stewardship plan from a stocking standard set out in the plan or the regulations on the condition that the holder complies with the stocking standards set out in the order.

(a) in subsection (1) by striking out "is subject to another enactment and" and by striking out "a recreation site or a recreation trail" wherever it appears and substituting "a recreation site, a recreation trail or a trail-based recreation area", and

(b) in subsection (3) by striking out "recreation site or recreation trail" and substituting "a recreation site, a recreation trail or a trail-based recreation area".

(3) In a determination under subsection (1), it is sufficient proof that a person has contravened a provision of the Acts to establish that the provision has been contravened by the person's contractor, employee or agent. , and

(3.1) Subsection (3) applies even if the contractor, employee or agent has not been identified or made subject to a determination under subsection (1).

67 Section 72 is amended by striking out "For the purposes of a determination of the minister under section 71 or 74, no person may be found to have contravened" and substituting "For the purposes of a determination under section 71, the minister may not find that a person has contravened".

68 Section 77.1 (1) and (2) is amended by striking out "will continue or result in a potential unjustifiable infringement of" and substituting "adversely affects or is likely to adversely affect".

69 Sections 79 (1), 80 (1) and 81 (1) are amended by striking out "section 16," and substituting "section 2.39 (1), 16,".

70 Section 80 (1) is amended by striking out "108, 112 (1) (a)" and substituting "108 (1) or (2), 108.3 (2), 112 (1) (a)".

(a) in subsection (3) (a) by striking out "22.1 (1), (2), (5) or (6)," and substituting "22.1 (1) or (3), 22.11 (1), (2) or (4),", and

(b) in subsection (4) by striking out "section 23 (1), 53 (1) or (2)," and substituting "section 53 (1) or (2),".

(a) in subsection (2) by striking out "section 21 (1), 22 (2), 29 (1) or (3) or 55 (a)" and substituting "section 21 (1), 22 (2), 22.1 (1), 23.1 (1), 29 (1) or (3), 55 (a) or 110.1 (1) or (2)",

(a) contravenes section 3 (1), 8 (1), 12 (1), 15 (2), 22.1 (3), 22.11 (1), (2) or (4), 26 (3) or (5), 32 (1), 38 (1), (2), (3), (4) or (5), 45 (1) or (2), 46 (1.1), 47, 48, 50 (1) or (2), 51 (1), (2) or (6), 52.1 (3), 53 (1) or (2), 54 (1), 55 (b) or (c), 57 (1) or (3), 58 (4), 63 (1) or (2), 70, 97 (2) or 119, or , and

73 Section 87 (2) is amended by striking out "23.1 (1)," and substituting "23.1 (1) or (1.1),".

(a) in subsection (2) by striking out "section 21 (1), 22 (2)," and substituting "section 20.21 (1), 20.22 (1), 22 (2)," and by striking out "29 (1) or (3)," and substituting "29 (0.1), (1) or (3),", and

(b) in subsection (3) (a) by striking out "section 3 (1), 8 (1), 12 (1)" and substituting "section 2.35 (2) (c) or (d), 3 (1) (c) or (d), 8 (1), 12 (1) (c) or (d)".

75 Section 97 (3) (a) is amended by adding "forest operations plan," before "forest stewardship plan".

Disclosure of information

"administrative penalty" means a monetary penalty imposed under the Acts for a contravention of a provision of the Acts, but does not include a fine;

"fine" means an amount payable under the Acts or the Offence Act in respect of a conviction, or a violation ticket issued, for an offence against a provision of the Acts, whether payable as a penalty or otherwise and whether payable to the government, the court or another person or entity, and includes a victim surcharge levy under section 8.1 of the Victims of Crime Act;

(2) In accordance with section 33.1 (1) (c) of the Freedom of Information and Protection of Privacy Act, the minister may disclose the following information inside or outside Canada with respect to a person who is convicted of an offence, has paid or is liable to pay an administrative penalty or is subject to another sanction under a provision of the Acts:

(e) the fine, sentence, administrative penalty or other sanction to which the person is subject;

(f) if a fine or administrative penalty is overdue, the date it was due and the outstanding amount.

(1) Subject to subsections (1.1) and (1.2), a person who holds an agreement under the Forest Act or the Range Act or who meets the prescribed requirements may submit to the district manager a written declaration specifying that one or more of the following have been fulfilled:

(1.1) A person who holds an agreement under the Forest Act must submit to the district manager a written declaration if the person has fulfilled an obligation under section 29 to establish a free growing stand.

(1.2) In prescribed circumstances, a person who holds an agreement under the Forest Act must submit to the district manager a written declaration if the person has fulfilled an obligation referred to in subsection (1) (a), (b) or (c) to deactivate a road. ,

(ii) one or more individuals whom the person authorizes to sign the declaration on the person's behalf,

(3) Subject to subsections (4) to (6), on the date that a written declaration under subsection (1), (1.1) or (1.2) has been submitted, the person who submitted the declaration is deemed to have fulfilled the obligation specified in the declaration. , and

(f) in subsection (6) by striking out "A person who submits a declaration under subsection (1) remains responsible for fulfilling an obligation that under subsection (1) (a) was specified as having been met" and substituting "A person who submits a declaration under this section remains responsible for fulfilling an obligation that was specified under the declaration as having been fulfilled".

(a) for relief under subsection (1) if the person has an obligation under this Act or an operational plan, other than

(b) for relief or funding under subsection (2) if the person has an obligation to establish a free growing stand. ,

(1) On application under subsection (0.1) (a) by a person who has an obligation referred to in that subsection, the minister must grant the relief described in subsection (3) if the minister is satisfied that

(a) because of an event causing damage in an area, the obligation cannot be met in the area without significant extra expense than would have been the case if the damage had not occurred, and

(iii) the person did contribute to the cause of the damage but only as a result of an officially induced error.

(2) On application under subsection (0.1) (b) by a person who has an obligation to establish a free growing stand, the minister must grant one of the following if satisfied that the criteria described in subsection (1) (a) and (b) are met:

(b) funding for establishing the free growing stand, as described in subsection (4). ,

(c) in subsection (4) by striking out "The funding for an obligation" and substituting "The funding for establishing a free growing stand",

(4.1) The minister, in granting relief under subsection (2) (a) from an obligation to establish a free growing stand, may impose a condition that the person pay to the government the amount that would have been spent to establish the free growing stand from the stage the stand had reached at the time the damage occurred.

(4.2) The relief granted to a person under subsection (2) (a) is revoked if the person does not pay an amount required in a condition imposed under subsection (4.1).

(4.3) After granting funding to a person under subsection (2) (b), the minister may grant relief to that person from the obligation to establish the free growing stand if, as a result of a change of circumstances or based on new information, the minister is satisfied that the obligation cannot be met without significant extra expense. ,

(e) in subsection (5) by striking out "subsection (1) or (2)" and substituting "subsection (0.1) (a) or (b)" and by striking out "referred to in subsection (1) (d) or (2) (d)" and substituting "described in subsection (1) (b)",

(8) The minister may not under subsection (2) grant relief from or funding for an obligation to establish a free growing stand in an area of catastrophic damage if the relief or funding is being sought in relation to the event that caused the catastrophic damage.

Government may fund expense of deactivating road

108.1 Subject to the regulations, the minister may grant funding for the purposes of deactivating a road to a person who is subject to an order made under section 23.2.

Areas of catastrophic damage

108.2 (1) The minister may, by order, designate an area of land as an area of catastrophic damage if catastrophic damage has occurred on the land as a result of either of the following events:

(2) The minister may do one or both of the following in an order made under subsection (1):

(a) grant relief to a person or a class of persons from an obligation under this Act or an operational plan to establish a free growing stand in the area of catastrophic damage;

(b) impose conditions in relation to relief granted under paragraph (a), including requiring payment to the government for the amount that would have been spent to establish a free growing stand from the stage the stand had reached at the time the catastrophic damage occurred.

(3) The minister's discretion under subsection (2) may be exercised differently for

(4) The relief granted to a person in an order under subsection (2) (a) is revoked if the person does not comply with a condition imposed in the order under subsection (2) (b).

Relief and funding for areas of catastrophic damage

108.3 (1) A person may apply to the minister, in accordance with the regulations, for relief under subsection (2) if the person has an obligation under this Act or an operational plan to establish a free growing stand in an area of catastrophic damage.

(2) On application under subsection (1) by a person who has an obligation to establish a free growing stand, the minister may grant to the person one of the following:

(a) relief from the obligation if the minister is satisfied that it is not practicable for the person to complete the obligation given the circumstances or conditions of the area to which the obligation relates;

(b) funding for establishing the free growing stand, but only to the extent that is required for the purposes of restoring the stand of trees on the area of catastrophic damage

(i) to the stage the stand had reached at the time the catastrophic damage occurred, or

(ii) to the stage that is consistent with an agreement between the person and the minister.

(3) The minister, in granting relief under subsection (2) (a), may impose a condition that the person pay to the government the amount that would have been spent to establish the free growing stand from the stage the stand had reached at the time the catastrophic damage occurred.

(4) The relief granted to a person under subsection (2) (a) is revoked if the person does not pay an amount required in a condition imposed under subsection (3).

(5) After granting funding to a person under subsection (2) (b), the minister may grant relief to that person from the obligation to establish the free growing stand if, as a result of a change of circumstances or based on new information, the minister is satisfied that it is not practicable for the person to complete the obligation given the circumstances or conditions of the area to which the obligation relates.

Plans for areas of catastrophic damage

108.4 (1) The minister may establish a plan for reforesting an area of catastrophic damage.

(2) If a person has an obligation under this Act or an operational plan to establish a free growing stand at a particular location in an area of catastrophic damage, the minister may, after establishing a plan under subsection (1), authorize the person to instead establish a free growing stand at a different location in the area of catastrophic damage.

(3) The minister may not under subsection (2) authorize a person to establish a free growing stand at a different location, unless

(a) the plan under subsection (1) provides for establishing the free growing stand at the different location,

(b) the cost of establishing the free growing stand at the different location will be similar to the cost of establishing the free growing stand required at the original location, and

(4) If the minister authorizes a person to establish a free growing stand at a different location under subsection (2) and funding may be granted under section 108.3 (2) (b) to the person to establish the free growing stand required at the original location, the minister may grant that funding to the person for the purposes of establishing the free growing stand at the different location.

(5) If a person fails to establish a free growing stand at a different location as authorized under subsection (2), the person contravenes the obligation under the Act or operational plan to establish the free growing stand at the original location.

Conditions in relation to funding

108.5 (1) The minister may impose conditions in relation to funding granted under section 108 (2) (b), 108.1, 108.3 (2) (b) or 108.4 (4), including the following:

(b) specifying that one or more of the following must happen before or after funding is paid:

(2) If the minister pays an amount of funding under section 108 (2) (b), 108.1, 108.3 (2) (b) or 108.4 (4) to a person subject to a condition under subsection (1) and the condition is not met, the minister may commence a proceeding in a court of competent jurisdiction to recover the amount from the person as a debt due to government.

Payment of monies into Silviculture Payments Sub-account

108.6 The following money collected by the government must be paid into the Silviculture Payments Sub-account of the Forest Stand Management Fund special account established by the Special Accounts Appropriation and Control Act:

(a) money paid to fulfill a condition imposed under section 108 (4.1) or 108.3 (3);

(b) money paid to fulfill a condition imposed under section 108.2 (2) (b) in an order made under section 108.2 (1).

Complete and accurate information

110.1 (1) A person who submits information to the government for the purposes of seeking approval by the minister in relation to a matter under this Act must ensure that, at the time the information is submitted, the information is complete and accurate.

(2) A person who is required under this Act to submit information to the government must ensure that, at the time the information is submitted, the information is complete and accurate.

81 Section 112 (1) (a) and (b) and (2) is amended by striking out "consent or approval" and substituting "consent, approval or authorization".

82 Section 118 (2) (d) is amended by striking out "a recreation site or a recreation trail" and substituting "a recreation site, a recreation trail or a trail-based recreation area".

83 Section 122 (1) (c) is amended by striking out "Parts 2 to 5" and substituting "Parts 1.1 to 5".

84 Section 148 is amended by striking out "recreation sites and recreation trails" wherever it appears and substituting "recreation sites, recreation trails and trail-based recreation areas".

Dispute resolution – forest landscape plans

151.1 (1) The Lieutenant Governor in Council may make regulations respecting the resolution of disputes under sections 2.26 and 2.27 relating to the preparation and establishment of forest landscape plans, including, without limitation, regulations respecting the following:

(b) the process for making referrals to a facilitator, the management of referrals and the conduct of dispute resolution facilitations;

(c) the time by which a facilitator must complete a dispute resolution facilitation and provide a report under section 2.26 (5);

(d) the matters that a facilitator must consider in making a report under section 2.26 (5);

(e) the time by which an alternative dispute resolution process referred to in section 2.27 must be established and completed.

(2) In subsection (1), "facilitator" has the same meaning as in section 2.26 (1).

(b.1) requiring woodlot licence plans or amendments to woodlot licence plans to be made publicly available for review and comment before the plan or amendment is submitted to the minister for approval; .

(a) in paragraph (a) by striking out "forest service roads and rights of way" and substituting "forest service roads, forest resource roads and rights of way",

(b) in paragraph (b) by striking out "forest service roads or rights of way" and substituting "forest service roads, forest resource roads or rights of way",

(c) in paragraph (d) by striking out "deactivate a road" and substituting "deactivate a forest service road or road that is authorized under an agreement under the Forest Act, including authorizing the minister to make orders that transfer obligations to maintain or deactivate a road", and

(e) requirements for the holder of an agreement under the Forest Act or a cutting permit to deactivate a road authorized or constructed under the agreement or permit, including but not limited to regulations requiring

(f) requirements for a person who uses a forest service road to provide notice to the minister or a prescribed person in relation to the person's use of the forest service road;

(g) authorizing a person to fell trees, on Crown land in or adjacent to the right of way of a forest service road or forest resource road, that are a danger to persons or property;

(h) the regulation of significant road work carried out in relation to forest service roads.

(a) in paragraph (h) by adding "or roads that are authorized under road permits" after "forest service roads", and

(i) authorizing a person to do one or more of the following in relation to a forest service road or forest resource road:

(iii) remove property from the road, including but not limited to removing vehicles or animals;

(j) requirements for the owner of property removed from a road under a regulation made under paragraph (i) (iii) to pay to a person who removed the property the costs of the removal.

(3) For certainty, a regulation under subsection (1) (e) may be made applicable to a road that was authorized or constructed under an agreement or cutting permit before the date on which the regulation comes into force.

Forest practices

156.1 (1) The Lieutenant Governor in Council may make regulations respecting forest practices, including but not limited to the following:

(a) regulating, restricting or prohibiting the carrying out of forest practices;

(b) imposing requirements for managing and conserving forest resources, range resources and resource features;

(d) requiring the holder of an operational plan to comply with a provision of the operational plan;

(e) providing that a provision of an operational plan referred to in paragraph (d) may be amended even if

(2) The Lieutenant Governor in Council may make regulations authorizing the minister to designate an area as a wildland urban interface area.

93 Section 157 (2) (d) (ii) is amended by adding "a forest operations plan," before "a forest stewardship plan or a woodlot licence plan".

Relief and funding

162.1 For the purposes of sections 108 and 108.3, the Lieutenant Governor in Council may make regulations respecting any of the following:

(a) requirements for applications under section 108 (0.1) or 108.3 (1), including prescribing the period within which an application under section 108 (0.1) or 108.3 (1) must be submitted;

(b) authorizing a person to submit under section 108 (0.1) or 108.3 (1) an application submission plan pending the submission of the application;

(g) restricting the board's authority to carry out, or prohibiting the board from carrying out, audits or investigations referred to in section 122 in respect of a matter that is the subject of a decision-making agreement. , and

(3) In subsection (2) (g), "decision-making agreement" has the same meaning as in section 2.5 (1).

Minister's regulations

168.1 (1) For the purposes of section 5 (1) (b) (i.1), the minister may make regulations as follows:

(b) prescribing resources or features located in an area prescribed under paragraph (a), including but not limited to resources or features described in section 149 (1);

(3) If an objective prescribed under this section is inconsistent with an objective set by government, the objective set by government prevails.

97 Section 169 (4) (b) and (c) is amended by adding "a forest operations plan," before "a forest stewardship plan".

98 Section 198 (4) of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, is amended

(a) in paragraph (c) by striking out "persons, places, things or transactions." and substituting "persons, places, matters, things, transactions, circumstances or uses or occupations of land, or for different classes of persons, places, matters, things, transactions, circumstances or uses or occupations of land;", and

(d) establish or define classes of persons, places, matters, things, transactions, circumstances or uses or occupations of land.

(3) The Lieutenant Governor in Council may make regulations respecting charges to be paid to the government by holders of special use permits, including but not limited to regulations

(a) establishing the amounts of charges or the method of determining the amounts of charges, and

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting special use permits, including but not limited to regulations respecting

(b) the deactivation of roads authorized under special use permits, and the remediation of land that is the subject of a special use permit, including regulations that authorize the minister to make orders respecting deactivation and remediation,

(d) obligations that remain outstanding under special use permits that expire or are surrendered, suspended or cancelled. , and

(3) For certainty, a regulation made under subsection (2) may be made applicable to special use permits issued before the regulation comes into force.

101 Section 5 of the Special Accounts Appropriation and Control Act, R.S.B.C. 1996, c. 436, is amended

(a) in subsection (1) (a) (i) by striking out "section 30" and substituting "section 30 or 108.6",

(a) the Silviculture Payments Sub-account for a purpose related to the following:

(i) to establish a free growing stand under section 30 of the Forest and Range Practices Act;

(ii) to establish a free growing stand that was required to be established under an obligation that is relieved under section 108 (2) (a) of the Forest and Range Practices Act;

(iii) to establish a free growing stand in an area of catastrophic damage within the meaning of the Forest and Range Practices Act;

(iv) to carry out a silviculture prescription assumed under section 71 of the Forest Practices Code of British Columbia Act before the repeal of that section;

(v) for expenses directly or indirectly related to a purpose referred to in any of subparagraphs (i) to (iv), , and

(c) in subsection (2) (b) (iii) by striking out "the purposes in subparagraph (i) or (ii)" and substituting "a purpose referred to in subparagraph (i) or (ii)".

Forest and Range Practices Act transition – significant road work previously authorized for forest service roads

102 (1) Despite section 23.1 of the Forest and Range Practices Act, as enacted by this Act, a person may conduct significant road work in relation to a forest service road if, before the coming into force of that section, a district manager, as defined in section 1 of the Forest Act, authorized the person to carry out the significant road work.

(2) In this section and section 103, "significant road work" has the same meaning as in section 21.1 (1) of the Forest and Range Practices Act, as enacted by this Act.

Forest and Range Practices Act transition – significant road work begun on roads authorized under road permits

103 Despite section 23.1 (1.1) of the Forest and Range Practices Act, as enacted by this Act, a person may conduct significant road work in relation to a road authorized under a road permit if the significant road work began before the coming into force of that section.

Forest and Range Practices Act transition – preparation of forest landscape plan

104 Sections 2.24 to 2.27 of the Forest and Range Practices Act, as enacted by this Act, do not apply in respect of the preparation of a forest landscape plan if

(a) before the coming into force of this section, the chief forester provided notice to the Indigenous nations identified by the chief forester in relation to the forest landscape plan of the chief forester's intent to prepare the forest landscape plan, and

(b) the chief forester provides an opportunity for the Indigenous nations referred to in paragraph (a) of this subsection to participate in the preparation of the forest landscape plan.

Forest and Range Practices Act transition – preparation of forest landscape plan to be established in accordance with decision-making agreement

105 (1) Section 2.51 (4) and (5) of the Forest and Range Practices Act, as enacted by this Act, does not apply in respect of the preparation of a forest landscape plan referred to in section 104 of this Act to be established by an order made in accordance with a decision-making agreement.

(2) In this section, "decision-making agreement" has the same meaning as in section 2.5 (1) of the Forest and Range Practices Act, as enacted by this Act.

106 Section 12 (b) of the Forest and Range Practices Amendment Act, 2019, S.B.C. 2019, c. 25, is amended by repealing sections 19 (1) and (3) of the Forest and Range Practices Act, as enacted by that section, and substituting the following:

(1) If a forest stewardship plan or woodlot licence plan applies to a portion of the permit area of a cutting permit or road permit on the following date, the plan, as it read on that date, continues to apply in relation to the activities carried out under the permit in the portion despite any subsequent amendment, replacement or expiration of the plan:

(b) if the portion was added to the permit area by an amendment to the permit, the date on which the permit was amended.

(3) If a forest stewardship plan applies to the licence area of a timber sale licence on the date the licence is advertised, the plan, as it read on that date, continues to apply to the licence area despite any subsequent amendment, replacement or expiration of the plan.

(a.1) in subsection (3) (a) by striking out "32 (1), 38 (1), (2), (3), (4) or (5)," and substituting "32, 38 (1), (2) or (3),", .

109 Section 1 of the Land Title Act, R.S.B.C. 1996, c. 250, is amended in the definition of "explanatory plan" by repealing paragraph (b) and substituting the following:

(b) is certified correct in accordance with the records of the land title office

(ii) by the minister charged with the administration of the Transportation Act; .

110 Section 8 (1) (a) of the Muskwa-Kechika Management Area Act, S.B.C. 1998, c. 38, is amended by striking out "a forest development plan or a forest stewardship plan" and substituting "a forest operations plan or a forest stewardship plan".

Commencement

111 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:

Item	Column 1 Provisions of Act	Column 2 Commencement
1	Anything not elsewhere covered by this table	The date of Royal Assent
2	Section 1	By regulation of the Lieutenant Governor in Council
3	Sections 3 and 4	By regulation of the Lieutenant Governor in Council
4	Sections 12 to 15	By regulation of the Lieutenant Governor in Council
5	Section 18	By regulation of the Lieutenant Governor in Council
6	Section 25	By regulation of the Lieutenant Governor in Council
7	Section 28	By regulation of the Lieutenant Governor in Council
8	Sections 30 and 31	By regulation of the Lieutenant Governor in Council
9	Sections 33 to 44	By regulation of the Lieutenant Governor in Council
10	Sections 46 and 47	By regulation of the Lieutenant Governor in Council
11	Section 49	By regulation of the Lieutenant Governor in Council
12	Section 51	By regulation of the Lieutenant Governor in Council
13	Section 53	By regulation of the Lieutenant Governor in Council
14	Section 57	By regulation of the Lieutenant Governor in Council
15	Sections 60 to 70	By regulation of the Lieutenant Governor in Council
16	Sections 72 to 79	By regulation of the Lieutenant Governor in Council
17	Sections 82 to 87	By regulation of the Lieutenant Governor in Council
18	Section 89	By regulation of the Lieutenant Governor in Council
19	Sections 91 to 97	By regulation of the Lieutenant Governor in Council
20	Section 101	By regulation of the Lieutenant Governor in Council
21	Sections 103 to 105	By regulation of the Lieutenant Governor in Council
22	Section 108	By regulation of the Lieutenant Governor in Council
23	Section 110	By regulation of the Lieutenant Governor in Council

2nd Session, 42nd Parliament (2021) THIRD READING

BILL 23 – 2021

FORESTS STATUTES AMENDMENT ACT, 2021

Limitation on issuance of timber sale licences

Transition for cutting permits in effect on November 4, 2003

Refusal of permit – failure to hold forest operations plan or inconsistency with plan

Cutting permits or road permits that apply to areas inside and outside forest landscape areas

Deactivation of roads authorized under road permits

Road use permit content

Declaration of forest service road

Interpretation – forest landscape plans and planning guidelines

Definitions and interpretation for Part 1.1

Chief forester may establish forest landscape plan

Preparation of forest landscape plan

Consultation and cooperation with Indigenous peoples

Consultation and cooperation with Indigenous governing body

Consultation and cooperation with Indigenous governing body if process not established

Dispute resolution facilitation

Alternative dispute resolution process

Content of forest landscape plan

Term of forest landscape plans

Extension of forest landscape plan

Report on forest landscape plans

Plans, studies, analyses and information

Notice of decisions in relation to forest landscape plans

Requirement to keep records of forest landscape plans

Forest operations plan

Content of forest operations plan

Additional requirements if forest operations plan is inconsistent with planning guidelines

Engagement on and review of forest operations plans

Approval of forest operations plans

Approval of forest operations plans that are inconsistent with forest landscape plans

Limited protection of certain roads and cutblocks

Term of forest operations plan

Extension of term of forest operations plan

Amendments to forest operations plan not effective unless approved

Mandatory amendments to forest operations plan

Annual forest development schedule

Site level plans for cutblocks and roads

Exemption from requirement to hold forest operations plan – activities under forest stewardship plans in new forest landscape areas

Exemption from requirement to hold forest operations plan – activities under cutting permits or road permits issued in relation to forest stewardship plans

Decision-making agreement

Decision-making agreement – statutory power of decision of chief forester

Decision-making agreement – statutory power of chief forester

Decision-making agreement – statutory power of minister

Decision-making agreement – statutory power of decision of minister

Engagement on and review of forest stewardship plans

Definitions for Part 2.1

Compliance with forest operations plans

Compliance with forest stewardship plans and woodlot licence plans

Plans that apply to issued permits and licences

Exemption from requirement to amend operational plan

Planning documents made available to the public

Additional parties to plans

Roads constructed by the minister for accessing timber sale licences

Definitions for Division 2

Application

Use of forest service roads for timber harvesting, silviculture or natural resource development purposes

Use of forest resource roads for timber harvesting, silviculture or natural resource development purposes

Notice of use of forest service road or road authorized under permit or licence

Significant road work in relation to forest service roads

Order to deactivate road

Exemption from deactivating road

Section 42 of Transportation Act does not apply

Stocking standards

Disclosure of information

Government may fund expense of deactivating road

Areas of catastrophic damage

Relief and funding for areas of catastrophic damage

Plans for areas of catastrophic damage

Conditions in relation to funding

Payment of monies into Silviculture Payments Sub-account

Complete and accurate information

Dispute resolution – forest landscape plans

Forest practices

Relief and funding

Minister's regulations

Forest and Range Practices Act transition – significant road work previously authorized for forest service roads

Forest and Range Practices Act transition – significant road work begun on roads authorized under road permits

Forest and Range Practices Act transition – preparation of forest landscape plan

2nd Session, 42nd Parliament (2021)
THIRD READING