Bill 41 – 2023: Forests Statutes Amendment Act, 2023

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

CLAUSE 1: [Forest Act, section 1] adds, repeals and amends definitions.

"affiliate" means a corporation that is affiliated with another corporation within the meaning of section 1.3 (3);

"control", in relation to a corporation, means control of the corporation within the meaning of section 1.3 (2); ,

"cutting permit area", in relation to a cutting permit or a proposed cutting permit, means the area of land to which the cutting permit applies or would apply, if issued; ,

(d) by repealing paragraph (c) of the definition of "eligible bioenergy application" and substituting the following:

"holding corporation" means a holding corporation within the meaning of section 1.3 (5);

(a) a person who controls, or who is a member of a group of persons referred to in section 1.3 (2) that controls, the corporation,

(b) a person who controls, or who is a member of a group of persons referred to in section 1.3 (2) that controls, a holding corporation whose subsidiary is the corporation, or

(f) in the definition of "road use permit" by striking out "granted under section 117" and substituting "issued under section 119.5, 119.6 or 120.1", and

"supplemental forest licence" means a forest licence referred to in section 14.2 that includes the condition described in subsection (2) of that section;

"woodlot licence plan" means a woodlot licence plan under the Forest and Range Practices Act.

CLAUSE 2: [Forest Act, section 1] adds definitions.

"forest operations map" means a forest operations map under section 15.1 of the Forest and Range Practices Act;

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

CLAUSE 3: [Forest Act, section 1.3] adds a provision respecting corporate relationships to Part 1 of the Act.

Corporate relations

1.3 (1) In this section, "effective director" means an effective director as defined in the regulations.

(2) For the purposes of this Act, a corporation is controlled by a person, or a group of persons not dealing with each other at arm's length, if

(a) shares of the corporation are held, other than by way of security only, by or for the benefit of the person or group, as applicable, and

(b) the votes carried by the shares referred to in paragraph (a) are sufficient, if exercised and considered in the aggregate,

(i) to elect or appoint 50% or more of the effective directors of the corporation, or

(ii) to otherwise effectively control the operations and direction of the corporation.

(3) For the purposes of this Act, one corporation is affiliated with another corporation if any of the following apply:

(d) one of the corporations is controlled by a person or group of persons and the other is a subsidiary of a holding corporation controlled by the same person or group of persons, as applicable;

(e) one of the corporations is a subsidiary of a holding corporation controlled by a person or group of persons and the other is a subsidiary of a different holding corporation controlled by the same person or group of persons, as applicable.

(4) For the purposes of this Act, a corporation is a subsidiary of another corporation if any of the following apply:

(ii) one or more persons who are not at arm's length from the other corporation, including a corporation that is controlled by the other corporation or by a person who controls the other corporation;

(5) For the purposes of this Act, a corporation is the holding corporation of a corporation that is its subsidiary.

CLAUSE 4: [Forest Act, section 12] is consequential to the addition by this Bill of Part 3.1 to the Act.

4 Section 12 (1) is amended by striking out "or" at the end of paragraph (j) and by adding the following paragraph:

CLAUSE 5: [Forest Act, section 13] is consequential to amendments made by this Bill to section 81 of the Act.

CLAUSE 6: [Forest Act, section 13.1] is consequential to amendments made by this Bill to section 81 of the Act.

(4) Subject to subsection (4.1), if an eligible bioenergy application is approved under subsection (3), the minister and the applicant must, on or after the commercial operation date, enter into a non-replaceable forest licence.

(4.1) The minister may refuse to enter into a non-replaceable forest licence with the applicant of an eligible bioenergy application approved under subsection (3) if, on the commercial operation date, one or more of the following circumstances exist:

(a) the applicant, or a related person of the applicant, has not yet paid money required to be paid to the government in a circumstance set out in section 130 (1.1) and the due date for paying the money has passed, regardless of whether payment arrangements satisfactory to the revenue minister have been made;

(b) the applicant is not in compliance with a requirement under this Act or the Forest and Range Practices Act to provide security or a deposit;

(c) the applicant holds another specified authorization or a replacement agreement, as those terms are defined in section 81 (1), and

(i) rights under the other specified authorization or replacement agreement, or a cutting permit issued for it, are under suspension, or

(ii) the applicant is not in compliance with a requirement referred to in section 81 (2) (c) (ii) (A) or (B) in relation to the other specified authorization or replacement agreement.

(4.2) If the circumstances referred to in subsection (4.1) cease to exist within 90 days after the commercial operation date, the minister and the applicant must enter into a non-replaceable forest licence.

(5) An approval under subsection (3) of an eligible bioenergy application is revoked if either of the following applies:

(a) the British Columbia Hydro and Power Authority or the applicant terminates the bioenergy supply contract before the commercial operation date;

(i) has refused, in accordance with subsection (4.1), to enter into a non-replaceable forest licence with the applicant, and

(ii) is not required, under subsection (4.2), to enter into a non-replaceable forest licence with the applicant. , and

(b) in subsections (6) and (7) by striking out "under subsection (5)" wherever it appears and substituting "under subsection (4) or (4.2)".

CLAUSE 7: [Forest Act, section 14] is consequential to the addition by this Bill of Part 3.1 to the Act.

CLAUSE 8: [Forest Act, section 14.2]

makes housekeeping amendments;
makes amendments consequential to the addition by this Bill of Part 3.1 to the Act.

Supplemental forest licence

14.2 (1) In this section, "restricted forest licence" means a non-replaceable forest licence entered into under section 13 (6) for which applications are invited, on or after July 1, 2011, from one or more categories of applicants established under section 13 (2.1).

(2) A restricted forest licence may specify that timber must not be harvested under the licence unless the minister is satisfied that the holder of the licence has taken steps specified in the licence to obtain from other sources the timber and wood residue needed for processing facilities owned or leased by the holder.

CLAUSE 9: [Forest Act, section 15] expands the grounds on which the minister may decline to offer a replacement for a forest licence.

(0.1) In this section, "Acts" means this Act, the Forest and Range Practices Act and the Wildfire Act. ,

(1) This section does not apply to a forest licence that provides that a replacement for the licence must not be offered. ,

(2) Despite subsection (1.2), if one or more of the following circumstances exists in relation to an existing forest licence, the minister may decline to offer a replacement for the forest licence until the circumstances cease to exist:

(a) rights under the forest licence, or under a cutting permit issued for the forest licence, are under suspension;

(b) the holder, or a related person of the holder, has not yet paid one or more of the following amounts and the due date for paying the amount has passed, regardless of whether payment arrangements satisfactory to the revenue minister have been made:

(i) stumpage or other amounts payable to the government in respect of timber harvested under the forest licence or a road permit associated with the forest licence;

(ii) an amount owing under an order made under Division 3 of Part 6 of the Forest and Range Practices Act against the holder or related person;

(c) the holder is not in compliance with a requirement under this Act or the Forest and Range Practices Act to provide security or a deposit in respect of

(i) a requirement under the forest licence, a cutting permit issued for the forest licence or a road permit associated with the forest licence, or

(ii) a requirement under the Acts in respect of activities carried out under the cutting permit or road permit referred to in subparagraph (i).

(2.1) The minister may, in a circumstance referred to in subsection (2), offer a replacement with special conditions. ,

(e) in subsection (3) (a) (i) (B) by striking out "or a person authorized by the minister",

(ii) if the minister exercises the power conferred under subsection (2), on a date to be determined by the minister, , and

(ii) if the minister exercises the power conferred under subsection (2), a period, not exceeding 15 years, to be determined by the minister, .

CLAUSE 10: [Forest Act, section 15.1] repeals an obsolete provision.

CLAUSE 11: [Forest Act, section 19] expands the circumstances in which the minister may refuse to replace or amend, under section 19 (3) of the Act, one or more forest licences.

(4) The minister may refuse to replace or amend, under subsection (3), one or more forest licences

(a) if the minister considers that the replacement or amendment would compromise forest management, or

CLAUSE 12: [Forest Act, section 20] is consequential to amendments made by this Bill to section 81 of the Act.

CLAUSE 13: [Forest Act, section 22.1] repeals an obsolete provision.

CLAUSE 14: [Forest Act, section 22.2] removes unnecessary words and repeals cross-references to provisions respecting roads.

(a) in subsection (3) by striking out "if any of the rights under the non-BCTS licence are under suspension, in whole or in part, under section 76" and substituting "if rights under the non-BCTS licence are under suspension under section 76", and

(b) in subsection (6) (b) by striking out "73, 75.8, 115, 116, 117 or 118" and substituting "73 or 75.8".

CLAUSE 15: [Forest Act, section 30] is consequential to the addition by this Bill of Part 3.1 to the Act.

CLAUSE 16: [Forest Act, section 33] is consequential to amendments made by this Bill to section 81 of the Act.

CLAUSE 17: [Forest Act, section 35]

makes housekeeping amendments;
makes an amendment consequential to the addition by this Bill of Part 3.1 to the Act.

(a) by striking out "A tree farm licence must" and substituting "A tree farm licence",

(g) in paragraph (h) by adding "must" before "require that timber on the tree farm licence area",

(j) in paragraph (k) by adding "must" before "allow its holder to contract for",

(l) in paragraph (n) by adding "must" before "reserve to the government the right", and

(m) in paragraph (o) by adding "may" before "contain other terms and conditions".

CLAUSE 18: [Forest Act, section 35] makes a housekeeping amendment.

18 Section 35 (1.1) (a) is amended by striking out "the date this subsection comes into force" and substituting "March 7, 2017".

CLAUSE 19: [Forest Act, section 35.2] repeals an obsolete provision.

CLAUSE 20: [Forest Act, section 36] expands the grounds on which the minister may decline to offer a replacement for a tree farm licence.

(0.1) In this section, "Acts" means this Act, the Forest and Range Practices Act and the Wildfire Act. ,

(1) This section does not apply to a tree farm licence that provides that a replacement for the licence must not be offered. ,

(2) Despite subsection (1.2), if one or more of the following circumstances exists in relation to an existing tree farm licence, the minister may decline to offer a replacement for the tree farm licence until the circumstances cease to exist:

(a) rights under the tree farm licence, or under a cutting permit issued for the tree farm licence, are under suspension;

(i) stumpage or other amounts payable to the government in respect of timber harvested under the tree farm licence or a road permit associated with the tree farm licence;

(ii) an amount owing under an order made under Division 3 of Part 6 of the Forest and Range Practices Act against the holder or related person;

(c) the holder is not in compliance with a requirement under this Act or the Forest and Range Practices Act to provide security or a deposit in respect of

(i) a requirement under the tree farm licence, a cutting permit issued for the tree farm licence or a road permit associated with the tree farm licence, or

(ii) a requirement under the Acts in respect of activities carried out under the cutting permit or road permit referred to in subparagraph (i).

(2.1) The minister may, in a circumstance referred to in subsection (2), offer a replacement with special conditions. , and

(d) in subsection (3) (a) (ii) and (b) (ii) by striking out "subsection (2) (c)" and substituting "subsection (2)".

CLAUSE 21: [Forest Act, section 36.1] repeals an obsolete provision.

CLAUSE 22: [Forest Act, section 39] expands the circumstances in which the minister may refuse to replace or amend, under section 39 (3) of the Act, one or more tree farm licences.

(4) The minister may refuse to replace or amend, under subsection (3), one or more tree farm licences

(a) if the minister considers that the replacement or amendment would compromise forest management, or

CLAUSE 23: [Forest Act, section 43] expands the circumstances in which the minister may refuse to replace or amend, under section 43 (3) of the Act, one or more pulpwood agreements.

(4) The minister may refuse to replace or amend, under subsection (3), one or more pulpwood agreements

(a) if the minister considers that the replacement or amendment would compromise forest management, or

CLAUSE 24: [Forest Act, section 43.3] is consequential to the addition by this Bill of Part 3.1 to the Act.

CLAUSE 25: [Forest Act, section 43.4] authorizes the minister to decline to offer a replacement for a community forest agreement if the holder, or a related person of the holder, has failed to pay an amount imposed under Division 3 of Part 6 of the Forest and Range Practices Act.

(4.1) Despite subsection (4), if the holder of a community forest agreement, or a related person of the holder, has not paid an amount owing under an order made under Division 3 of Part 6 of the Forest and Range Practices Act against the holder or related person, and the due date for paying the amount has passed, the minister may decline to offer a replacement for the community forest agreement until the holder or related person pays the amount.

(4.2) Subsection (4.1) applies regardless of whether the holder or related person has made arrangements satisfactory to the revenue minister to pay the amount referred to in that subsection. , and

(b) in subsection (5) by repealing paragraph (a) and substituting the following:

(a) be for a term of not less than 25 years and not more than 99 years, commencing on

(ii) if the minister exercises the power conferred under subsection (4.1), a date to be determined by the minister, .

CLAUSE 26: [Forest Act, section 43.41] repeals an obsolete provision.

CLAUSE 27: [Forest Act, section 43.55] is consequential to the addition by this Bill of Part 3.1 to the Act.

CLAUSE 28: [Forest Act, section 43.56] authorizes the minister to decline to offer a replacement for a first nations woodland licence if the holder, or a related person of the holder, has failed to pay an amount imposed under Division 3 of Part 6 of the Forest and Range Practices Act.

(1.1) Despite subsection (1), if the holder of a first nations woodland licence, or a related person of the holder, has not paid an amount owing under an order made under Division 3 of Part 6 of the Forest and Range Practices Act against the holder or related person, and the due date for paying the amount has passed, the minister may decline to offer a replacement for the first nations woodland licence until the holder or related person pays the amount.

(1.2) Subsection (1.1) applies regardless of whether the holder or related person has made arrangements satisfactory to the revenue minister to pay the amount referred to in that subsection. , and

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

(a) be for a term of not less than 25 years and not more than 99 years, commencing on

(ii) if the minister exercises the power conferred under subsection (1.1), a date to be determined by the minister, .

CLAUSE 29: [Forest Act, section 44] is consequential to amendments made by this Bill to section 1 of the Act.

(ii) a forest licence, other than a forest licence entered into under section 47.3 (1);

(iv) a forestry licence to cut, other than a forestry licence to cut entered into under section 47.3 (1), and

CLAUSE 30: [Forest Act, section 45]

makes housekeeping amendments;
makes an amendment consequential to the addition by this Bill of Part 3.1 to the Act.

(a) by striking out "A woodlot licence must" and substituting "A woodlot licence",

(d) in paragraph (c) by adding "must" before "give to its holder the exclusive right",

(h) in paragraph (f.1) by adding "must" before "state that it is a condition of the licence", and

(i) in paragraph (g) by adding "may" before "include other terms and conditions".

CLAUSE 31: [Forest Act, section 46] expands the grounds on which the minister may decline to offer a replacement for a woodlot licence.

(0.1) In this section, "Acts" means this Act, the Forest and Range Practices Act and the Wildfire Act. ,

(2) Despite subsection (1), if one or more of the following circumstances exists in relation to an existing woodlot licence, the minister may decline to offer a replacement for the woodlot licence until the circumstances cease to exist:

(a) rights under the woodlot licence, or under a cutting permit issued for the woodlot licence, are under suspension;

(i) stumpage or other amounts payable to the government in respect of timber harvested under the woodlot licence or a road permit associated with the woodlot licence;

(ii) an amount owing under an order made under Division 3 of Part 6 of the Forest and Range Practices Act against the holder or related person;

(c) the holder is not in compliance with a requirement under this Act or the Forest and Range Practices Act to provide security or a deposit in respect of

(i) a requirement under the woodlot licence, a cutting permit issued for the woodlot licence or a road permit associated with the woodlot licence, or

(ii) a requirement under the Acts in respect of activities carried out under the cutting permit or road permit referred to in subparagraph (i).

(2.1) The minister may, in a circumstance referred to in subsection (2), offer a replacement with special conditions. , and

CLAUSE 32: [Forest Act, section 47.3] is consequential to amendments made by this Bill to section 13.1 of the Act.

32 Section 47.3 (1) (c) (ii) is amended by striking out "under section 13.1 (5)" and substituting "under section 13.1 (4) or (4.2)".

CLAUSE 33: [Forest Act, section 47.4]

makes housekeeping amendments;
makes amendments consequential to the addition by this Bill of Part 3.1 to the Act.

(b) a master licence to cut with any person, authorizing the person to harvest timber in all or part of a forest district

CLAUSE 34: [Forest Act, section 47.5]

makes a housekeeping amendment;
makes amendments consequential to the addition by this Bill of Part 3.1 to the Act.

CLAUSE 35: [Forest Act, section 47.6] is consequential to amendments made by this Bill to section 13.1 of the Act.

35 Section 47.6 (4.1) (b) is amended by striking out "under section 13.1 (5)" and substituting "under section 13.1 (4) or (4.2)".

CLAUSE 36: [Forest Act, section 47.7] provides that a forestry licence to cut may require the holder to obtain a cutting permit under the Act before harvesting.

(e) may require the holder to obtain a cutting permit under Part 3.1 before harvesting Crown timber under the licence, .

CLAUSE 37: [Forest Act, section 47.72] provides that the district manager or a forest officer may refuse to issue a fibre recovery permit on grounds listed in section 81 (2) of the Act.

(3) The district manager or the forest officer authorized by the district manager may refuse to issue to the holder of a fibre supply licence to cut a fibre recovery permit for an area described in subsection (1) (c) of this section on one or more of the grounds set out in section 81 (2).

CLAUSE 38: [Forest Act, Part 3.1] adds a new Part that

prohibits timber harvesting under certain licences or agreements without a cutting permit,
provides that the minister may issue a cutting permit after considering specified matters,
sets out requirements respecting applications for cutting permits and circumstances in which an application must be refused,
sets out mandatory and optional content of cutting permits,
requires a cutting permit holder to comply with the terms and conditions of the cutting permit,
provides for the extension and postponement of cutting permits, and
provides for the automatic cancellation of a cutting permit when the agreement for which it was issued expires or is cancelled, surrendered or terminated.

Definition

Requirement to obtain cutting permit

52.02 (1) The holder of a forest licence or an area-based licence must not harvest the allowable annual cut available except as authorized under a cutting permit issued under this Part.

(2) The holder of any of the following agreements must not harvest Crown timber under the agreement except as authorized under a cutting permit issued under this Part:

(c) a forestry licence to cut that requires the holder to obtain a cutting permit before harvesting Crown timber under the licence.

(3) Subsections (1) and (2) do not apply to the extent that harvesting without a cutting permit is specifically authorized under this Act or another enactment.

Issuance of cutting permit

52.03 (1) Subject to this Part and section 209, the minister may, on application by the holder of an agreement, issue a cutting permit authorizing the holder to exercise harvesting rights under the agreement.

(2) Without limiting the minister's discretion under subsection (1) to consider other matters, in deciding whether to issue a cutting permit, the minister must consider the impact that timber harvesting under the cutting permit, and road construction in relation to the cutting permit, would have on

(3) The duty of the minister under section 52.05, 52.06 or 52.07 to refuse to issue a cutting permit does not limit the minister's discretion under this section to refuse to issue a cutting permit.

Application for cutting permit

52.04 (1) An application made under section 52.03 must be submitted in the form and manner specified by the minister.

(2) The minister may require an applicant to include in an application for a cutting permit, at the applicant's expense,

(a) information respecting existing or proposed roads that provide or will provide access to the cutting permit area,

(b) information, plans, studies or analyses that the minister considers will assist in considering the matters referred to in section 52.03 (2), and

(3) The minister may require that the information, plans, studies or analyses required under subsection (2) (b) be prepared by a person with the qualifications specified by the minister.

Mandatory refusal to issue cutting permit

(a) if the minister determines that, taking into account the prescribed matters, if any, issuance of the cutting permit would compromise a prescribed government objective, or

Refusal of cutting permit for supplemental forest licence

52.06 The minister must refuse to issue a cutting permit for a supplemental forest licence if the minister is not satisfied that the condition described in section 14.2 (2) is met.

Cutting permit for master licence to cut

52.07 The minister must refuse to issue a cutting permit for a master licence to cut unless one or both of the following apply:

(a) the holder of the master licence to cut is authorized, under one or both of the following, to occupy the cutting permit area:

(ii) in a circumstance prescribed for the purposes of section 47.4 (2) (b) (iii).

Content of cutting permit

52.08 (1) A cutting permit issued for an agreement must specify the term of the cutting permit, which term must not exceed the shorter of the following:

(a) in the case of a cutting permit issued for an agreement other than a master licence to cut, 4 years;

(b) in the case of a cutting permit issued for a master licence to cut, 4 years or a longer period established by regulation, if any.

(3) A cutting permit issued for an agreement must do the following, within the limits provided in the agreement and subject to this Act and the Forest and Range Practices Act:

(a) in the case of a cutting permit issued for a forest licence, authorize the holder to harvest a portion of the allowable annual cut available from a specified area within the timber supply area or tree farm licence area specified in the forest licence;

(b) in the case of a cutting permit issued for an area-based licence, authorize the holder to harvest a portion of the allowable annual cut available from a specified area within the licence area;

(c) in the case of a cutting permit issued for a timber licence, master licence to cut or forestry licence to cut, authorize the holder to harvest Crown timber under the licence from a specified area within the area of land described in the licence.

(5) A cutting permit may include other terms and conditions that, subject to subsection (7), are within the limits provided in the agreement and consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts.

(6) The terms and conditions referred to in subsection (5) may include, without limitation, terms and conditions respecting one or more of the following:

(c) vehicles, machinery or harvesting methods that may not be used in harvesting timber under the cutting permit, either during specified periods or generally;

(7) Terms and conditions included in a cutting permit issued for an agreement may set requirements or restrictions that are more stringent than the requirements and restrictions that apply to the holder

(b) under this Act, the Forest and Range Practices Act, the Wildfire Act or any standards made under those Acts.

Duty to comply with terms and conditions

52.09 The holder of a cutting permit must comply with the terms and conditions of the cutting permit.

Extension of cutting permit

52.10 (1) Subject to this section, on application by the holder of a cutting permit, other than a cutting permit issued for a licence to cut, the minister must extend the term of a cutting permit for a period that

(b) does not result in a term for the cutting permit that is longer than the maximum term for a cutting permit referred to in section 52.08 (1).

(2) The minister may not extend the term of a cutting permit issued for an agreement if

(a) the agreement provides that the term of a cutting permit issued for the agreement must not be extended,

(c) the minister considers that the extension would prevent the fulfillment of an obligation under the Forest and Range Practices Act.

(3) An application under subsection (1) must be in writing and accompanied by payment of a fee equal to the amount determined in accordance with the regulations.

(4) The minister may, on request of the holder of the cutting permit, waive the fee required under subsection (3) if the minister is satisfied that the reasons for the extension are circumstances that are

Postponement of cutting permit

52.11 (1) On application by the holder of a cutting permit, the minister may, in accordance with the regulations, postpone the operation of the cutting permit for a period not exceeding 2 years.

(2) The minister must specify as the effective date of a postponement under subsection (1) a date that is on or after the date on which the application for postponement was made.

(3) If the operation of a cutting permit is postponed under subsection (1), the minister may, on application by the holder of the cutting permit and in accordance with the regulations, grant one or more extensions to the period of postponement, each for a period not exceeding 2 years.

(4) During the period for which the operation of a cutting permit is postponed under this section, the holder of the cutting permit

(i) imposed, in respect of the cutting permit, under this Act, the Forest and Range Practices Act or the Wildfire Act, and

(5) On application by the holder of a cutting permit, the minister must rescind the postponement of the operation of the cutting permit.

(6) If the postponement of the operation of a cutting permit is rescinded under subsection (5),

(a) all rights under the cutting permit are exercisable by the holder of the cutting permit,

(b) the period remaining on the term of the cutting permit, as at the date on which the postponement is rescinded and despite the terms and conditions of the cutting permit, is equal to the shorter of the following:

(i) the period remaining on the term of the agreement for which the cutting permit was issued;

(ii) the period that remained on the term of the cutting permit on the effective date of the postponement, and

Effect on cutting permit of expiration, cancellation, surrender or termination of agreement

52.12 On the date on which an agreement expires or is cancelled, surrendered or terminated under this Act, all cutting permits issued for the agreement are cancelled without notice.

Transition – immediate application

52.13 Despite any agreement, this Part, and the regulations made for the purposes of this Part, applies in relation to agreements entered into before, on or after the date this section comes into force.

CLAUSE 39: [Forest Act, section 52.05] expands the circumstances in which the minister must refuse to issue a cutting permit.

Mandatory refusal to issue cutting permit

52.05 The minister must refuse to issue a cutting permit if one or more of the following circumstances applies:

(a) the minister determines that, taking into account the prescribed matters, if any, issuance of the cutting permit would compromise a prescribed government objective;

(b) the applicant does not hold a forest stewardship plan or woodlot licence plan, as required under the Forest and Range Practices Act, in relation to the cutting permit area;

(c) the applicant was required, under section 15.1 of the Forest and Range Practices Act, to prepare and make publicly available a forest operations map before applying for the cutting permit, and the minister considers that, taking into account the prescribed matters, if any,

(ii) the cutting permit area is inconsistent with the approximate locations of cutblocks shown in the forest operations map;

CLAUSE 40: [Forest Act, section 52.05] expands the circumstances in which the minister must refuse to issue a cutting permit.

(b) the cutting permit area is located outside a forest landscape area and one or more of the following applies:

(i) the applicant does not hold a forest stewardship plan or woodlot licence plan, as required under the Forest and Range Practices Act, in relation to the cutting permit area;

(ii) the applicant was required, under section 15.1 of the Forest and Range Practices Act, to prepare and make publicly available a forest operations map before applying for the permit, and the minister considers that, taking into account the prescribed matters, if any,

(B) the cutting permit area is inconsistent with the approximate locations of cutblocks shown in the forest operations map;

(i) the applicant does not hold a forest operations plan, as required under the Forest and Range Practices Act, that applies to the cutting permit area;

(ii) the minister considers that, taking into account the prescribed matters, if any, the cutting permit area is inconsistent with the approximate locations of the proposed cutblocks shown in a forest operations plan held by the applicant; , and

(2) If a person applies for a cutting permit and only a portion of the cutting permit area is located outside a forest landscape area,

(a) subsection (1) (b) applies to the application as it relates to the portion of the cutting permit area located outside the forest landscape area, and

(b) subsection (1) (c) applies to the application as it relates to the portion of the cutting permit area located in the forest landscape area.

CLAUSE 41: [Forest Act, section 53] repeals definitions moved by this Bill to sections 1 and 1.3 of the Act.

41 Section 53 (1) is amended by repealing the definitions of "affiliate", "control of a corporation", "effective director", "holding corporation", "related person" and "subsidiary".

CLAUSE 42: [Forest Act, section 53.2] is consequential to the addition by this Bill of section 1.3 to the Act.

CLAUSE 43: [Forest Act, section 53.3] provides that a cutting permit issued for an agreement is to be treated as if it were part of the agreement for the purposes of Division 2 of Part 4 of the Act.

Cutting permits to be treated as part of agreement

53.3 For the purposes of this Division, a cutting permit issued for an agreement is to be treated as if the cutting permit formed part of the agreement.

CLAUSE 44: [Forest Act, section 54] is consequential to amendments made by this Bill to sections 114 and 115 of the Act.

44 Section 54 (2) (d.4) is amended by striking out "a person who, under section 115 (1), may be granted a road permit" and substituting "an eligible holder within the meaning of section 114".

CLAUSE 45: [Forest Act, section 54.4] is consequential to amendments made by this Bill to the Act.

(a) in subsection (0.1) by striking out "and "supplemental forest licence" have the same meaning" and substituting "has the same meaning",

(b) in subsection (1) (b) (i) by striking out "under section 13.1 (5)" and substituting "under section 13.1 (4) or (4.2)", and

CLAUSE 46: [Forest Act, section 54.66] is consequential to amendments made by this Bill to the Act.

(a) without notice, immediately suspend rights under one or both of the following:

(i.1) suspend rights under the agreement, a cutting permit issued for the agreement or both; .

CLAUSE 47: [Forest Act, section 58.1]

modifies a provision on extending timber sale licences;
makes amendments consequential to the addition by this Bill of Part 3.1 to the Act.

(1) The holder of a timber sale licence may apply in writing to the timber sales manager for an extension of the term of the licence for a period that

(3) Subject to subsection (8), the timber sales manager must accept an application under subsection (1) if

(c) the holder of the timber sale licence pays to the government a fee equal to the amount determined under subsection (5) and, if applicable, subsection (5.1). ,

(e) in subsection (5) by striking out "and" at the end of paragraph (b) and by repealing paragraph (c),

(f) in subsection (6) by striking out "However, at the request of the holder of a timber sale licence or cutting permit who has submitted an application for an extension under subsection (1) or (2), the minister or a person authorized by the minister may waive the fee referred to in subsection (3) (c), if the minister or authorized person is satisfied" and substituting "At the request of the holder of a timber sale licence who has submitted an application for an extension under subsection (1), the timber sales manager may waive the fee referred to in subsection (3) (c) if the timber sales manager is satisfied",

(8) The timber sales manager may reject an application to extend the term of a timber sale licence if, in the opinion of the timber sales manager, the extension would prevent the fulfillment of an obligation under the Forest and Range Practices Act. , and

CLAUSE 48: [Forest Act, sections 58.201 and 58.21]

repeals an obsolete provision;
repeals a provision consequential to the addition by this Bill of Part 3.1 to the Act.

CLAUSE 49: [Forest Act, sections 59, 59.1 and 63.1] repeals obsolete provisions.

CLAUSE 50: [Forest Act, section 70] is consequential to the addition by this Bill of Part 3.1 to the Act.

50 Section 70 (2) and (4) is amended by striking out "cutting permit issued under the agreement" and substituting "cutting permit issued for the agreement".

CLAUSE 51: [Forest Act, section 75.92] expands the circumstances in which the minister may relieve a licensee from the penalty for exceeding cut control limits, consequential to amendments made by this Bill to Part 8 of the Act.

Relief

75.92 The minister may grant to the holder of a licence full or partial relief from the penalty under section 75.2 or 75.91 in any of the following circumstances:

(a) timber is deemed, under section 119.2 (2), to be harvested under the licence during the cut control period to which the penalty relates;

(b) in the case of a timber sale licence that specifies an allowable annual cut, or in the case of a forest licence or woodlot licence, the allowable annual cut authorized for the licence is reduced under section 8, 9, 61, 63, 173, 185, 202 or 273 or Part 18;

(c) in the case of a tree farm licence, the allowable annual cut available to the holder of the licence is reduced under section 8, 9, 61, 63, 173, 185, 202 or 273 or Part 18.

CLAUSE 52: [Forest Act, various provisions] repeals obsolete provisions.

CLAUSE 53: [Forest Act, section 76] removes unnecessary words.

53 Section 76 (1) and (1.1) is amended by striking out ", in whole or in part,".

CLAUSE 54: [Forest Act, section 76] makes housekeeping amendments.

(2) Without limiting subsection (1), the minister may suspend rights under a replaceable major licence or a replaceable woodlot licence if

(a) the holder is subject to a requirement under the Forest and Range Practices Act, in respect of a non-replaceable major licence or non-replaceable woodlot licence, to establish a free growing stand, and

(b) the holder has failed to comply with the requirement referred to in paragraph (a).

CLAUSE 55: [Forest Act, section 76] provides that,

if the minister is authorized to suspend rights under an agreement for which a cutting permit has been issued, the minister may also suspend rights under the cutting permit, and
if the minister is authorized to suspend rights under a cutting permit issued for an agreement, the minister may also suspend rights under the agreement.

(2.1) If the minister is authorized under subsection (1), (1.1) or (2) to suspend rights under an agreement for which a cutting permit has been issued, the minister may suspend rights under the agreement, the cutting permit or both.

(2.2) If the minister is authorized under subsection (1) to suspend rights under an agreement that is a cutting permit, the minister may suspend rights under the cutting permit, the agreement for which the cutting permit was issued or both.

CLAUSE 56: [Forest Act, section 76] is consequential to the addition by this Bill of section 76.1 to the Act.

CLAUSE 57: [Forest Act, section 76.1]

moves provisions respecting the suspension of rights into a stand-alone section;
clarifies when suspended rights must be reinstated;
adds a rule respecting the time remaining on the term of a cutting permit after rights under the cutting permit are reinstated.

Notice and duration of suspension

76.1 (1) Before rights under an agreement are suspended under section 76, the minister must serve on the holder of the agreement a notice of suspension that specifies

(b) the date on which the suspension takes effect, which must be at least 5 days after the date of service of the notice.

(2) If rights under an agreement held by a first nation or its representative are suspended under section 76 (1.1), the notice of suspension must include the particulars of the first nation's non-compliance with the agreement between the government and the first nation respecting treaty-related measures, interim measures or economic measures.

(3) A suspension of rights takes effect on the date specified in the notice of suspension and continues until

(4) The minister, on request of the holder of an agreement who has been served with a notice of suspension under this section, must allow the holder an opportunity to be heard and may, after hearing the holder, rescind the notice.

(5) If rights under an agreement have been suspended under section 76 on the grounds that the holder

the minister must, on application by the holder, reinstate the suspended rights if the minister is satisfied that the holder is performing the obligation or complying with the requirement or condition, as applicable.

(6) If rights under a cutting permit are reinstated under subsection (5), the period remaining on the term of the cutting permit, as at the date of the reinstatement and despite the terms and conditions of the cutting permit, is equal to the shorter of the following:

(a) the period remaining on the term of the agreement for which the cutting permit was issued;

(b) the period that remained on the term of the cutting permit on the date on which the suspension took effect.

CLAUSE 58: [Forest Act, section 77] is consequential to amendments made by this Bill to Part 8 of the Act.

(1.1) If rights under an agreement are under suspension under section 76 (1.1), the minister may cancel

(b) a road use permit issued to the holder of the agreement, if the road use permit is associated with the agreement.

CLAUSE 59: [Forest Act, section 78] removes unnecessary words.

59 Section 78 (1) (c) is amended by striking out "suspend, in whole or in part, rights in" and substituting "suspend rights under".

CLAUSE 60: [Forest Act, section 78.1] removes unnecessary words and is consequential to amendments made by this Bill to Part 8 of the Act.

(a) in subsection (1) by striking out "suspend, in whole or in part, rights in" and substituting "suspend rights under", and

(b) in subsection (3) by striking out "a road use permit granted for the agreement to the holder of the agreement" and substituting "a road use permit that has been issued to the holder of the agreement and that is associated with the agreement".

CLAUSE 61: [Forest Act, section 79]

makes housekeeping amendments;
makes an amendment consequential to the amendment by this Bill of section 12 of the Act.

(1) Despite the expiry, surrender or cancellation of a holder's agreement, or the suspension of rights under the agreement, the holder is liable to perform all of the following obligations, to the extent that the obligations were incurred before the expiry, surrender, cancellation or suspension:

(i) rent, fees, costs and penalties owing to the government in respect of the agreement;

(ii) any other money required under this Act to be paid to the government in respect of the agreement;

(ii) with respect to the agreement, under this Act, the Forest and Range Practices Act, the Forest Practices Code of British Columbia Act or the Wildfire Act. ,

(b) in subsection (1.1) by striking out "subsection (1) (b) and (c)" and substituting "subsection (1) (b)", and

CLAUSE 62: [Forest Act, section 80] updates cross-references, consequential to the repeal by this Bill of section 81.1 of this Act.

62 Section 80 (2) (a) is amended by striking out "68 to 70, 72 to 74 and 81.1" and substituting "68 to 70 and 72 to 74".

CLAUSE 63: [Forest Act, section 80] updates cross-references, consequential to the repeal by this Bill of sections 63.1 and 75.95 of the Act.

(b) in subsection (2) (b) by striking out "sections 64;" and substituting "sections 63.1; 64;", and

CLAUSE 64: [Forest Act, section 80] provides that no compensation is payable by the government for a refusal to issue a cutting or road permit or the inclusion of a term or condition in a cutting or road permit.

(5) No compensation is payable by the government and proceedings must not be commenced or continued to claim compensation from the government or to obtain a declaration that compensation is payable by the government in respect of the following:

CLAUSE 65: [Forest Act, section 80.1] repeals an obsolete provision.

CLAUSE 66: [Forest Act, heading to Division 5 of Part 4] updates a division heading.

66 The heading to Division 5 of Part 4 is repealed and the following substituted:

CLAUSE 67: [Forest Act, section 81] modifies a provision setting out grounds on which an application for various authorizations may be refused.

Grounds for refusing to issue authorization

"Acts" means this Act, the Forest and Range Practices Act, the Forest Practices Code of British Columbia Act and the Wildfire Act;

"applicant" means a person, first nation or other entity who seeks a specified authorization;

"refuse to issue", in relation to a specified authorization, includes the following:

(a) to refuse or decline to approve an application for the specified authorization;

"replacement agreement" means an agreement, entered into under section 15 (6), 36 (6), 43.4 (9), 43.56 (5) or 46 (7), that is a replacement for another agreement;

(2) An application under this Act for a specified authorization may be refused, and a person who has discretion under this Act or the Forest Practices Code of British Columbia Act to refuse to issue a specified authorization may do so, on one or more of the following grounds:

(a) the applicant, or a related person of the applicant, has failed to pay by the due date money that is required to be paid to the government in a circumstance set out in section 130 (1.1) of this Act, regardless of whether, at the time the specified authorization is sought,

(b) the applicant is not in compliance with, or has failed in the past to comply with, a requirement under this Act or the Forest and Range Practices Act to provide security or a deposit;

(i) rights under the other specified authorization or replacement agreement, or a cutting permit issued for it, are under suspension, or

(ii) the applicant is not in compliance with, or has failed in the past to comply with,

(A) a requirement under the other specified authorization or replacement agreement, or a cutting permit issued for it, or

(B) a requirement under the Acts in respect of activities carried out under the other specified authorization or replacement agreement.

(3) The minister may refuse to issue a cutting permit for an agreement on one or more of the following grounds:

(a) the applicant, or a related person of the applicant, has not yet paid money required to be paid to the government in a circumstance set out in section 130 (1.1) of this Act and the due date for paying the money has passed, regardless of whether payment arrangements satisfactory to the revenue minister have been made;

(b) the applicant is not in compliance with a requirement under this Act or the Forest and Range Practices Act to provide security or a deposit;

(i) a requirement under the agreement or a cutting permit previously issued for the agreement,

(ii) a requirement under a road permit or road use permit associated with the agreement, or

(iii) a requirement under the Acts in respect of activities carried out under a permit referred to in subparagraph (i) or (ii).

(4) Nothing in this section limits a person's discretion under this Act, on grounds other than those set out in this section, to refuse to issue a specified authorization or a cutting permit.

CLAUSE 68: [Forest Act, section 81.1] is consequential to the addition by this Bill of Part 3.1 to the Act and amendments made by this Bill to Part 8 of the Act.

CLAUSE 69: [Forest Act, section 95] adds to the grounds on which the minister may refuse an application for a scale site authorization.

69 Section 95 (3) is amended by striking out "or" at the end of paragraph (a) and by adding the following paragraph:

(a.1) the applicant, or a related person of the applicant, has failed to pay by the due date money that is required to be paid to the government in a circumstance set out in section 130 (1.1), regardless of whether, at the time the application is made,

(ii) payment arrangements satisfactory to the revenue minister have been made, or .

CLAUSE 70: [Forest Act, section 103.1] is consequential to the amendment by this Bill of section 12 of the Act.

(2) Subject to subsection (3), a requirement in an agreement entered into under this Act is without effect to the extent that it requires the holder of the agreement, on or after November 4, 2003, to cut and remove timber in accordance with the agreement. , and

(b) in subsection (3) by striking out "or a cutting permit" and by striking out "or the cutting permit" wherever it appears.

CLAUSE 71: [Forest Act, section 103.2] provides that waste assessments for timber that could have been cut under a road permit and stored are to be calculated in accordance with the road permit.

Assessments for merchantable Crown timber that is not cut under road permit and stored

103.2 If a road permit specifies that waste assessments are payable to the government in respect of merchantable Crown timber described in section 119.1 (3) (a) (i) or (ii) of this Act, the amount payable must be calculated in accordance with the road permit.

CLAUSE 72: [Forest Act, section 109] is consequential to amendments made by this Bill to Part 8 of the Act.

(f.1) a road permit issued to the holder of a licence referred to in this subsection, if the road permit is associated with the licence; .

CLAUSE 73: [Forest Act, section 111] is consequential to the addition by this Bill of Part 3.1 to the Act.

CLAUSE 74: [Forest Act, various provisions]

reorganizes provisions on road permits and road use permits;
provides that the minister may issue a road permit after considering specified matters;
sets out requirements respecting applications for road permits and circumstances in which an application must be refused;
sets out mandatory and optional content of road permits;
deems certain timber cut under a road permit to be harvested under another person's licence for cut control purposes;
requires a road permit holder to comply with the terms and conditions of the road permit;
provides that the minister may issue a road use permit.

74 Sections 114, 115, 116, 117, 118, 118.1 and 119 are repealed and the following substituted:

Definitions

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

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

Issuance of road permit

115 (1) Subject to this Part and section 215, the minister or timber sales manager may, on application by an eligible holder, issue a road permit authorizing the holder to do one or both of the following for the purpose of accessing timber:

(2) Without limiting the discretion of the minister or timber sales manager under subsection (1) to consider other matters, in deciding whether to issue a road permit, the minister or timber sales manager must consider all of the following:

(a) the impact that construction, maintenance or use of the road, as applicable, would have on

(iv) if applicable, rights in relation to timber proposed to be cut under the road permit that are held by a person other than the applicant under an agreement entered into under this Act, and

(ii) the impact of those alternative means on the matters listed in paragraph (a).

(3) The duty of the minister or timber sales manager under section 117 to refuse to issue a road permit does not limit the discretion of the minister or timber sales manager under this section to refuse to issue a road permit.

Application for road permit

116 (1) An application made under section 115 must be submitted in the form and manner specified by the minister or timber sales manager.

(2) The minister or timber sales manager may require an applicant to include in an application for a road permit, at the applicant's expense,

(a) information, plans, studies or analyses that the minister or timber sales manager considers will assist in considering the matters referred to in section 115 (2), and

(b) any other information the minister or timber sales manager considers relevant to the application.

(3) The minister or timber sales manager may require that the information, plans, studies or analyses required under subsection (2) (a) of this section be prepared by a person with the qualifications specified by the minister or timber sales manager.

Mandatory refusal to issue road permit

(a) if the minister or timber sales manager determines that, taking into account the prescribed matters, if any, issuance of the road permit would compromise a prescribed government objective, or

Road permit content – general

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

(2) A road permit authorizing the holder to construct a road must also authorize the holder to use, maintain and deactivate the road.

(3) A road permit authorizing the holder to maintain an existing road must also authorize the holder to use and deactivate the road.

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

(i) manage and use the 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 constructing or maintaining the road, as applicable.

(a) specify standards and programs established by one or more standard making bodies,

(b) require the holder of the road permit to meet the standards and programs specified under paragraph (a), and

(c) specify the manner in which the holder of the road permit must conduct operations under the road permit in order to meet the standards and programs specified under paragraph (a).

(6) A road permit may include other terms and conditions that, subject to subsection (8), are consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts.

(7) The terms and conditions referred to in subsection (6) may include, without limitation, terms and conditions respecting one or more of the following:

(b) periods during which the holder may not carry out activities related to the construction, maintenance or deactivation of the road, including, without limitation, blasting activities;

(c) the manner in which the holder may carry out activities referred to in paragraph (b), either during specified periods or generally;

(d) vehicles, machinery or equipment that may not be used by the holder when constructing, maintaining, using or deactivating the road, either during specified periods or generally;

(8) Terms and conditions included in a road permit may set requirements or restrictions that are more stringent than the requirements and restrictions that apply to the holder under this Act, the Forest and Range Practices Act, the Wildfire Act or any standards made under those Acts.

Road permit content – right to harvest timber in right-of-way

119 (1) In this section and in section 119.1, "roadway timber", in relation to a road authorized to be constructed under a road permit, means Crown timber that the minister is satisfied must be cut to construct the road.

(2) A road permit to construct a road must authorize the holder to harvest roadway timber if the roadway timber meets both of the following conditions:

(b) no other person has the right to harvest the roadway timber under one or more of the following:

(a) a timber supply area specified in a forest licence held by the road permit holder;

(b) the licence area of an area-based licence or timber licence held by the road permit holder;

(ii) a timber supply area in which the area referred to in subparagraph (i) is located;

(d) the area specified in a master licence to cut or occupant licence to cut held by a person other than the road permit holder.

(4) If a road permit authorizes the holder to harvest timber, the road permit must require the holder to pay to the government, in addition to other amounts payable under this Act,

(b) 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.

Road permit content – right to cut timber in right-of-way

"encumbered roadway timber", in relation to a road permit to construct a road, means roadway timber that meets one or both of the following conditions:

(b) a person other than the road permit holder has the right to harvest the roadway timber under a permit or licence referred to in section 119 (2) (b);

"underlying rights-holder", in relation to encumbered roadway timber, means a person who holds an agreement under this Act that grants rights with respect to the encumbered roadway timber.

(a) must not grant to the holder the right to harvest encumbered roadway timber, and

(3) If a road permit grants to the holder the right to cut encumbered roadway timber,

(a) the road permit may require the road permit holder to pay to the government, in addition to other amounts payable under this Act, waste assessments for one or both of the following:

(i) merchantable Crown timber that could have been cut under the road permit but, at the road permit holder's discretion, is not cut;

(ii) merchantable Crown timber cut under the road permit that could have been stored in decks or piles but, at the road permit holder's discretion, is not stored in decks or piles, and

(b) an underlying rights-holder is relieved from any requirement under an agreement entered into under this Act to pay waste assessments in relation to timber described in paragraph (a) (i) and (ii).

(4) The conferral of the right to cut encumbered roadway timber under a road permit does not affect an obligation of an underlying rights-holder to pay stumpage to the government in relation to the encumbered roadway timber.

(5) For certainty, the rights of an underlying rights-holder with respect to encumbered roadway timber are subject to the right of a road permit holder to cut the encumbered roadway timber.

Volume cut under road permit deemed to be harvested under licence for cut control purposes

119.2 (1) This section applies to timber cut under a road permit if a person, other than the road permit holder, has the right to remove the timber under

(a) a cutting permit issued for a licence, as defined in a provision of Division 3.1 of Part 4, or

(b) a forestry licence to cut that does not require the holder to obtain a cutting permit before harvesting Crown timber under the licence.

(2) For the purposes of paragraph (a) of the definition of "volume of timber harvested" in section 75.1 (1) and the definition of "volume of timber harvested" in a licence referred to in section 75.11 (1), and despite the definition of "timber volumes" in section 75.1 (2), the amount of timber cut under a road permit is deemed to be harvested under the licence referred to in subsection (1) (a) or (b) of this section.

Deactivation of road

119.3 (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:

(b) the date on which rights under the road permit that relate to the road expire or are surrendered;

(d) if the road permit is cancelled under section 77, the date of deactivation specified under section 77 (6).

Duty to comply with terms and conditions of road permit

119.4 The holder of a road permit must comply with the terms and conditions of the road permit.

Issuance of road use permit to eligible holder

119.5 The minister may, on application by an eligible holder, issue a road use permit authorizing the eligible holder to use a forest service road if the minister is satisfied that use of the road by the applicant will not

(b) compromise a forest stewardship plan, forest development plan or woodlot licence plan.

Issuance of road use permit for natural resource development purpose

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

(2) The minister may, on application by a person other than an eligible holder, issue a road use permit authorizing the person to use a forest service road for a natural resource development purpose if the minister is satisfied that use of the road under the permit will not

Road use permit content

119.7 (1) A road use permit must describe the forest service road that the holder is authorized to 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.

CLAUSE 75: [Forest Act, section 114] repeals a definition moved by this Bill to section 1 of the Act.

75 Section 114 is amended by repealing the definition of "forest stewardship plan".

CLAUSE 76: [Forest Act, section 117] adds circumstances in which the minister must refuse to issue a road permit.

Mandatory refusal to issue road permit

117 (1) In this section, "road permit area", in relation to a proposed road permit, means the area of land to which the road permit would apply, if issued.

(2) The minister must refuse to issue a road permit if one or more of the following circumstances apply:

(a) the minister determines that, taking into account the prescribed matters, if any, issuance of the road permit would compromise a prescribed government objective;

(b) in the case of a road permit to construct a road, a circumstance set out in subsection (3);

(a) the applicant does not hold a forest stewardship plan or woodlot licence plan, as required under the Forest and Range Practices Act, in relation to the road permit area;

(b) the applicant was required, under section 15.1 of the Forest and Range Practices Act, to prepare and make publicly available a forest operations map before applying for the road permit, and the minister considers that, taking into account the prescribed matters, if any,

(ii) the location of the proposed road is inconsistent with the approximate locations of roads shown in the forest operations map.

CLAUSE 77: [Forest Act, section 117] adds circumstances in which the minister must refuse to issue a road permit.

(a) the road permit area is located outside a forest landscape area and one or more of the following apply:

(i) the applicant does not hold a forest stewardship plan or woodlot licence plan, as required under the Forest and Range Practices Act, in relation to the road permit area;

(ii) the applicant was required, under section 15.1 of the Forest and Range Practices Act, to prepare and make publicly available a forest operations map before applying for the road permit, and the minister considers that, taking into account the prescribed matters, if any,

(B) the location of the proposed road is inconsistent with the approximate locations of roads shown in the forest operations map;

(b) the road permit area is located in a forest landscape area and either of the following applies:

(i) the applicant does not hold a forest operations plan, as required under the Forest and Range Practices Act, that applies to the road permit area;

(ii) the minister considers that, taking into account the prescribed matters, if any, 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.

(4) If a person applies for a road permit and only a portion of the road permit area is located outside a forest landscape area,

(a) subsection (3) (a) applies to the application as it relates to the portion of the road permit area located outside the forest landscape area, and

(b) subsection (3) (b) applies to the application as it relates to the portion of the road permit area located in the forest landscape area.

CLAUSE 78: [Forest Act, sections 119.5 and 119.6] adds a reference to a forest operations plan.

78 Sections 119.5 (b) and 119.6 (2) (c) are amended by striking out "a forest stewardship plan," and substituting "a forest operations plan, forest stewardship plan,".

CLAUSE 79: [Forest Act, section 120.1] is consequential to amendments made by this Bill to Part 8 of the Act.

79 Section 120.1 (2) is amended by striking out "the minister must grant" and substituting "the minister must issue".

CLAUSE 80: [Forest Act, section 136.3] is consequential to amendments made by this Bill to the definitions in section 1 of the Act.

80 Section 136.3 (1) is amended by striking out "within the meaning of section 53".

CLAUSE 81: [Forest Act, section 143] is consequential to the repeal by this Bill of sections 59 and 59.1 of the Act.

CLAUSE 82: [Forest Act, section 143] updates cross-references consequential to amendments made by this Bill to the Act.

82 Section 143 (1) (b) is amended by striking out "76 (1), (2) or (6)," and substituting "76 (1), (2), (2.1) or (2.2), 76.1 (5),".

CLAUSE 83: [Forest Act, section 146] is consequential to the repeal by this Bill of section 75.95 of the Act.

83 Section 146 (2) is amended by adding "and" at the end of paragraph (a), by striking out ", and" at the end of paragraph (b) and by repealing paragraph (c).

CLAUSE 84: [Forest Act, section 151]

adds a power to prescribe circumstances in which the minister may refuse to replace or amend agreements under section 19, 39 or 43 of the Act;
removes an unnecessary provision;
repeals regulation-making powers consequential to amendments made by this Bill to the Act.

(b.4) prescribing circumstances for the purposes of section 19 (4) (b), including, without limitation, circumstances relating to a failure to pay money that is due and payable to the government;

(i.2) prescribing circumstances for the purposes of section 39 (4) (b), including, without limitation, circumstances relating to a failure to pay money that is due and payable to the government; ,

(b) by renumbering paragraph (k.1) as paragraph (k.01) and by adding the following paragraph:

(k.1) prescribing circumstances for the purposes of section 43 (4) (b), including, without limitation, circumstances relating to a failure to pay money that is due and payable to the government; , and

CLAUSE 85: [Forest Act, section 151] is consequential to amendments made by this Bill to Division 3 of Part 6 of the Forest and Range Practices Act.

(7) The Lieutenant Governor in Council may make regulations respecting administrative penalties or other amounts that a person may, by an order made under section 74 or 74.6 of the Forest and Range Practices Act, be required to pay for the contravention of a provision of this Act.

CLAUSE 86: [Forest Act, section 151] is consequential to amendments made by this Bill to Division 3 of Part 6 of the Forest and Range Practices Act.

86 Section 151 (7) is amended by striking out "section 74 or 74.6" and substituting "section 74, 74.6 or 74.61".

CLAUSE 87: [Forest Act, section 151.01] adds a power to prescribe matters that must be considered in the exercise of a discretionary power under the Act.

(a) in subsection (1) by adding "and the matters that a person must consider" after "the criteria that a person must use", and

(2) Criteria or matters prescribed under subsection (1) are additional to any criteria or matters that a person is required to use or consider in exercising a discretionary power under this Act.

CLAUSE 88: [Forest Act, section 151.4] repeals an obsolete provision.

CLAUSE 89: [Forest Act, section 151.71] adds regulation-making powers respecting the extension of the term of a cutting permit and the postponement of the operation of a cutting permit.

Regulation making power in relation to extension and postponement of cutting permits

151.71 (1) The Lieutenant Governor in Council may make regulations establishing formulas or other methods for determining the amount of a fee under section 52.10 (3).

(2) The Lieutenant Governor in Council may make regulations for the purposes of section 52.11 respecting any of the following:

(a) the circumstances in which or reasons for which the minister may postpone the operation of a cutting permit;

(b) criteria or conditions that must be met in relation to postponing the operation of a cutting permit;

(c) the maximum period, including any extensions under section 52.11 (3), for which the operation of a cutting permit may be postponed, which may be different for different circumstances, reasons, criteria or conditions.

CLAUSE 90: [Forest Act, section 151.8] is consequential to the addition by this Bill of section 1.3 to the Act.

90 Section 151.8 (a) is amended by striking out "sections 53.2" and substituting "sections 1.3".

CLAUSE 91: [Forest Act, section 163] adds a cross-reference to a provision requiring a road permit holder to deactivate a road.

91 Section 163 (1) is amended by striking out "105.1 (2) or (3)," and substituting "105.1 (2) or (3), 119.3 (2),".

CLAUSE 92: [Forest Act, section 164.1] authorizes an official to disqualify a person who contravenes section 164 of the Act from applying for a cutting permit.

92 Section 164.1 (2) (b) is amended by striking out "under Part 3" and substituting "under Part 3 or 3.1".

CLAUSE 93: [Forest Act, section 167.3] is consequential to amendments made by this Bill to Division 3 of Part 6 of the Forest and Range Practices Act.

CLAUSE 94: [Forest Act, section 170] is consequential to amendments made by this Bill to the Act.

(10) A suspension referred to in this section is not a suspension for the purposes of sections 13.1 (4.1) (c) (i), 15 (2) (a), 36 (2) (a), 46 (2) (a), 52.10 (2) (b), 58.1 (3) (b) and 81 (2) (c) (i) and (3) (c).

CLAUSE 95: [Forest Act, section 172] is consequential to amendments made by this Bill to Division 4 of Part 4 of the Act.

(a) in subsections (1) and (2) by striking out "grounds for a suspension under section 76, in whole or in part, of the agreement" and substituting "grounds for a suspension under section 76 of rights under the agreement", and

(3) If a special use permit is varied under section 170 or has a condition attached to it under section 171,

(a) the failure of the holder of the permit to comply with the variance or condition is grounds for

(b) sections 76, 76.1 and 77, other than section 77 (5), apply to the suspension or cancellation.

CLAUSE 96: [Forest Act, section 175.2] is consequential to the amendment by this Bill of section 12 of the Act.

CLAUSE 97: [Forest Act, section 180] is consequential to the addition by this Bill of a definition of "cutting permit area" to section 1 of the Act.

CLAUSE 98: [Forest Act, section 186] is consequential to the addition by this Bill of Part 3.1 to the Act.

98 Section 186 (2) is amended by striking out "a cutting permit issued under the non-TFL timber licence" and substituting "a cutting permit issued for the non-TFL timber licence".

CLAUSE 99: [Forest Act, section 191] is consequential to the addition by this Bill of Part 3.1 to the Act.

99 Section 191 (1) is amended by striking out "a cutting permit issued under" and substituting "a cutting permit issued for".

CLAUSE 100: [Forest Act, section 194] is consequential to the addition by this Bill of Part 3.1 to the Act.

100 Section 194 (1) is amended by striking out "any cutting permit issued under the licence" and substituting "any cutting permit issued for the licence".

CLAUSE 101: [Forest Act, section 196] is consequential to amendments made by this Bill to Division 4 of Part 4 of the Act.

(2) If the minister is authorized under subsection (1) to suspend rights under a licence for which a cutting permit has been issued, the minister may suspend rights under the licence, the cutting permit or both.

CLAUSE 102: [Forest Act, section 206] is consequential to the addition by this Bill of Part 3.1 to the Act.

102 Section 206 (1) is amended by striking out "cutting permit issued under a forest licence" and substituting "cutting permit issued for a forest licence".

CLAUSE 103: [Forest Act, section 208] is consequential to the addition by this Bill of Part 3.1 to the Act.

103 Section 208 (1) is amended in paragraph (c) of the definition of "permit" by striking out "issued under" and substituting "issued for".

CLAUSE 104: [Forest Act, section 209] is consequential to the addition by this Bill of Part 3.1 to the Act.

(a) in subsection (1) (f) by striking out "a cutting permit issued under" and substituting "a cutting permit for",

(b) in subsection (2) (c) by striking out "a cutting permit issued under" and substituting "a cutting permit issued for", and

(c) in subsection (3) (e) by striking out "a cutting permit issued under" and substituting "a cutting permit issued for".

CLAUSE 105: [Forest Act, section 210] is consequential to the addition by this Bill of Part 3.1 to the Act.

105 Section 210 (2) (b) is amended by striking out "a cutting permit issued under" and substituting "a cutting permit issued for".

CLAUSE 106: [Forest Act, section 211] is consequential to the amendment by this Bill of section 12 of the Act.

106 Section 211 (1) (a) is amended by striking out "or under a cutting permit or special use permit" and substituting "or under a special use permit".

CLAUSE 107: [Forest Act, section 215] is consequential to the addition by this Bill of Part 3.1 to the Act.

107 Section 215 (2) (d) is amended by striking out "a cutting permit issued under" and substituting "a cutting permit issued for".

CLAUSE 108: [Forest Act, section 216] is consequential to the amendment by this Bill of section 12 of the Act.

108 Section 216 (a) is amended by striking out "or under a cutting permit or special use permit" and substituting "or under a special use permit".

CLAUSE 109: [Forest Act, section 217] is consequential to the addition by this Bill of Part 3.1 to the Act.

109 Section 217 (1) (a) (i) and (b) is amended by striking out "a cutting permit issued under" and substituting "a cutting permit issued for".

CLAUSE 110: [Forest Act, section 224] is consequential to amendments made by this Bill to the Act.

Effect of suspension of rights under Part 15

224 A suspension of rights under this Part is not a suspension for the purposes of the following provisions:

(a) section 13.1 (4.1) (c) (i) [direct award of forest licence to produce bioenergy – refusal to enter into licence];

(g) section 81 (2) (c) (i) and (3) (c) [grounds for refusing to issue authorization].

CLAUSE 111: [Forest Act, section 241] is consequential to the addition by this Bill of Part 3.1 to the Act.

111 Section 241 (1) is amended by striking out "a cutting permit issued under" wherever it appears and substituting "a cutting permit issued for".

CLAUSE 112: [Forest Act, section 242] is consequential to the addition by this Bill of Part 3.1 to the Act.

112 Section 242 (1) is amended by striking out "a cutting permit issued under" and substituting "a cutting permit issued for".

CLAUSE 113: [Forest Act, section 243] is consequential to the addition by this Bill of Part 3.1 to the Act.

113 Section 243 (1) is amended by striking out "a cutting permit issued under" and substituting "a cutting permit issued for".

CLAUSE 114: [Forest Act, section 248] is consequential to the addition by this Bill of Part 3.1 to the Act.

114 Section 248 (2) is amended by striking out "a cutting permit that is issued under" and substituting "a cutting permit that is issued for".

CLAUSE 115: [Forest Act, section 251] is consequential to the addition by this Bill of Part 3.1 to the Act.

115 Section 251 (2) (b) is amended by striking out "a cutting permit issued under" and substituting "a cutting permit issued for".

CLAUSE 116: [Forest Act, section 254] is consequential to the addition by this Bill of Part 3.1 to the Act.

116 Section 254 (1) (b) is amended by striking out "under a forest licence" and substituting "for a forest licence".

CLAUSE 117: [Forest Act, section 262] is consequential to the amendment by this Bill of section 12 of the Act.

117 Section 262 (1) is amended by striking out "an agreement listed in section 12 (1) [form of agreements]" and substituting "an agreement, other than a cutting permit, listed in section 12 (1) [form of agreements]".

CLAUSE 118: [Forest Act, section 268] is consequential to the addition by this Bill of Part 3.1 to the Act.

118 Section 268 (3) is amended by striking out "a specified cutting permit issued under" and substituting "a specified cutting permit issued for".

CLAUSE 119: [Forest and Range Practices Act, section 2] provides that Division 3 of Part 6 of the Act does not apply to the government.

119 Section 2 (5) of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is amended by striking out "Sections 71 (2) to (7) and 87" and substituting "Division 3 of Part 6 and section 87".

CLAUSE 120: [Forest and Range Practices Act, section 2.35] is consequential to amendments made by this Bill to Part 8 of the Forest Act.

120 Section 2.35 (3) (b), as enacted by section 33 of the Forests Statutes Amendment Act, 2021, S.B.C. 2021, c. 37, is amended by striking out "grant to the holder" and substituting "issue to the holder".

CLAUSE 121: [Forest and Range Practices Act, section 3] is consequential to amendments made by this Bill to Part 8 of the Forest Act.

121 Section 3 (2) (b) is amended by striking out "grants a road permit" and substituting "issues a road permit".

CLAUSE 122: [Forest and Range Practices Act, section 3] is consequential to amendments made by this Bill to Part 8 of the Forest Act.

122 Section 3 (2) (b), as amended by section 35 (b) of the Forests Statutes Amendment Act, 2021, S.B.C. 2021, c. 37, is amended by striking out "grant to the holder" and substituting "issue to the holder".

CLAUSE 123: [Forest and Range Practices Act, section 23.2] is consequential to the amendment by this Bill of section 12 of the Forest Act.

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

CLAUSE 124: [Forest and Range Practices Act, section 23.3] is consequential to the amendment by this Bill of section 12 of the Forest Act.

(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 the agreement.

CLAUSE 125: [Forest and Range Practices Act, section 24] is consequential to the amendment by this Bill of section 12 of the Forest Act.

CLAUSE 126: [Forest and Range Practices Act, section 26] is consequential to the repeal by this Bill of section 60 of the Forests Statutes Amendment Act, 2021.

126 Section 26 (2) is amended by renumbering paragraph (a) as paragraph (a.1) and by adding the following paragraph:

CLAUSE 127: [Forest and Range Practices Act, section 26] is consequential to amendments made by this Bill to the Forest Act.

(7) If the minister approves a proposal submitted under subsection (3) or makes an order under subsection (6), the minister may, to the extent the minister considers necessary or desirable to facilitate the carrying out of the proposal or order, exempt the affected owner or holder from complying with one or more of the following provisions:

CLAUSE 128: [Forest and Range Practices Act, section 26] is consequential to the repeal by this Bill of section 60 of the Forests Statutes Amendment Act, 2021.

CLAUSE 129: [Forest and Range Practices Act, section 26] is consequential to amendments made by this Bill to the Forest Act.

(8) If the minister makes an order under subsection (6) that is inconsistent with a provision referred to in subsection (7), the minister must, in making the order, exempt the affected owner or holder from the provision.

CLAUSE 130: [Forest and Range Practices Act, section 27] makes a housekeeping amendment and makes an amendment consequential to amendments made by this Bill to the Forest Act.

(a) in subsection (2) by striking out "to the area of the holders agreement" and substituting "to the area of the holder's agreement", and

(4) A person is exempt from a provision referred to in section 26 (7) if compliance with the provision would prevent the person from carrying out the measures referred to in subsection (2) of this section.

CLAUSE 131: [Forest and Range Practices Act, section 58.1] expands the definition of "Acts" to include provisions of the Forest Practices Code of British Columbia Act and the regulations under that Act.

Definition for Part 6

(d) a provision, other than a prescribed provision, of the Forest Practices Code of British Columbia Act or of a regulation made under that Act.

CLAUSE 132: [Forest and Range Practices Act, section 58.2] provides that references to the Act in section 58.2 are to be read as references to the Act as it read immediately before a certain date.

(0.1) A reference in this section to a provision of this Act is to be read as a reference to the provision as it read immediately before the date this subsection comes into force.

CLAUSE 133: [Forest and Range Practices Act, section 61] provides that records required by the minister are to be produced to the minister instead of the district manager.

133 Section 61 (1) is amended by striking out "produce to the district manager specified records" and substituting "produce to the minister specified records".

CLAUSE 134: [Forest and Range Practices Act, section 70.1] adds definitions consequential to amendments made by this Bill to the administrative remedy provisions of the Act.

Definitions for Division 3 of Part 6

"remedial action", in relation to a contravention of a provision of the Acts, means any of the following:

(a) repairing or replacing a building, structure, bridge, culvert, work, installation or other improvement owned by the government that was damaged or destroyed as a direct or indirect result of the contravention;

(b) replicating work, including, without limitation, silviculture treatment or wildlife habitat restoration or enhancement, that has been

(d) doing any other work that the minister considers is reasonably necessary to remedy or avoid harm that results or may result, directly or indirectly, from the contravention;

CLAUSE 135: [Forest and Range Practices Act, various provisions]

reorganizes and modifies provisions on administrative penalties and orders requiring a person to do remedial work;
authorizes the minister to order a person who has contravened the legislation to pay amounts to cover the costs of remedying the contravention;
sets out notice requirements;
provides that revenue derived from administrative remedies under Division 3 of Part 6 of the Act is to be paid into a special account.

Determination of contravention

71 After giving notice and an opportunity to be heard to a person who is alleged to have contravened a provision of the Acts, the minister may determine whether the person has contravened the provision.

Defences in relation to administrative proceedings

72 The minister may not determine under section 71 that a person has contravened a provision of the Acts if the person establishes that

(b) the person reasonably believed in the existence of facts that, if true, would establish that the person did not contravene the provision, or

Liability of employers, directors and officers

73 (1) Subject to section 72, if a person's contractor, employee or agent contravenes a provision of the Acts in the course of carrying out the contract, employment or agency, the person also contravenes the provision.

(2) If a corporation contravenes a provision of the Acts, a director or an officer of the corporation who authorized, permitted or acquiesced in the contravention also contravenes the provision.

Administrative penalties

74 (1) If the minister determines under section 71 that a person has contravened a provision of the Acts, the minister may, by order, impose an administrative penalty on the person in an amount that does not exceed the amount determined in accordance with the regulations.

(2) Before the minister imposes an administrative penalty under this section, the minister must consider the following:

(3) For the purposes of this section, the Lieutenant Governor in Council may make regulations providing for the determination of penalties that vary according to any of the following:

Notice of administrative penalty

74.1 If an administrative penalty under section 74 is imposed on a person, the minister must give to the person a notice that specifies the following:

(d) the applicability of section 130 of the Forest Act in relation to the penalty and the consequences of failing to pay the penalty by the due date;

(e) the person's right to a review under section 80 of this Act or to an appeal under section 82 of this Act;

Remedial work order for contravention of Acts

(2) If the minister determines under section 71 that a person has contravened a provision of the Acts, the minister may make an order requiring the person to carry out a remedial action.

(3) If an order made under subsection (2) against a person is rescinded on review or appeal and the person has carried out the remedial action specified in the order, the government must, to the extent provided in the regulations, pay to the person an amount to cover any expenses incurred by the person in excess of the expenses that the person would have incurred if the order had not been made.

Notice of remedial work order

74.3 If the minister makes a remedial work order against a person, the minister must give to the person a notice that specifies the following:

(d) the person's right to a review under section 80 or to an appeal under section 82;

(f) the minister's authority to make orders under section 74.4 if the person does not comply with the order.

Non-compliance with remedial work order

74.4 (1) If a person does not comply with a remedial work order by the date specified in the notice given under section 74.3, the minister may do one or more of the following:

(a) on giving notice to the person, restrict or prohibit the person from carrying out the action referred to in the order;

(c) if the minister carries out the action, make an order requiring the person to pay to the government the amount of all direct and indirect costs that the minister considers were reasonably incurred in carrying out the action;

(d) whether or not an order is made under paragraph (c), make an order imposing an administrative penalty not exceeding the amount determined in accordance with the regulations;

(e) for the purpose of recovering the costs referred to in paragraph (c), realize any security or deposit provided under the Acts by the person.

(2) If the minister realizes security under subsection (1) (e), the person must immediately replace the security.

(3) The minister must refund to the person any surplus funds remaining from the realization of security under subsection (1) (e) after payment of the amount of the costs referred to in subsection (1) (c).

Notice following non-compliance with remedial work order

74.5 (1) If the minister makes an order under section 74.4 (1) (c) against a person, the minister must give to the person a notice that specifies the following:

(b) the applicability of section 130 of the Forest Act in relation to the amount and the consequences of failing to pay the amount by the due date.

(2) If an administrative penalty under section 74.4 (1) (d) is imposed on a person, the minister must give to the person a notice that specifies the following:

(d) the applicability of section 130 of the Forest Act in relation to the penalty and the consequences of failing to pay the penalty by the due date;

(e) the person's right to a review under section 80 of this Act or to an appeal under section 82 of this Act;

Remedial cost recovery order

74.6 If the minister determines under section 71 that a person has contravened a provision of the Acts and the person is not required, by an order made under section 74.2 of this Act, to carry out a given remedial action, the minister may make an order requiring the person to pay either of the following amounts in relation to the remedial action:

(a) if the government has carried out the remedial action, the amount of all direct and indirect costs that the minister considers were reasonably incurred by the government in carrying out the remedial action;

(b) if the government has not carried out or will not carry out the remedial action, an amount that the minister considers is equivalent to the direct and indirect costs that would be incurred by the government in carrying out the remedial action if the government were to carry it out.

Notice of remedial cost recovery order

74.7 If an order under section 74.6 is made against a person, the minister must give to the person a notice that specifies the following:

(d) the applicability of section 130 of the Forest Act in relation to the amounts and the consequences of failing to pay the amounts by the due date;

(e) the person's right to a review under section 80 of this Act or to an appeal under section 82 of this Act;

Revenue to be paid into special account

74.8 All revenue derived from the following must be paid into the Environmental Remediation Sub-account of the Forest Stand Management Fund special account established by the Special Accounts Appropriation and Control Act:

CLAUSE 136: [Forest and Range Practices Act, section 74.61] authorizes the minister to order a person who has contravened the legislation to pay an amount reflecting harm caused by the contravention to certain resources or features and to other environmental, cultural, recreational or resource values.

Reparation order for harm to environmental, cultural, recreational or resource values

74.61 Subject to the regulations, if the minister determines under section 71 that a person has contravened a provision of the Acts, the minister may make an order requiring the person to pay to the government an amount, determined in accordance with the regulations, reflecting harm that the minister considers the contravention caused, directly or indirectly, to

CLAUSE 137: [Forest and Range Practices Act, section 74.7] is consequential to the addition by this Bill of section 74.61 to the Act.

(a) by striking out "If an order under section 74.6 is made against a person" and substituting "If an order under one or both of sections 74.6 and 74.61 is made against a person", and

CLAUSE 138: [Forest and Range Practices Act, section 74.8] is consequential to the addition by this Bill of section 74.61 to the Act.

138 Section 74.8 (b) is amended by striking out "sections 74.4 and 74.6" and substituting "sections 74.4, 74.6 and 74.61".

CLAUSE 139: [Forest and Range Practices Act, section 75] modifies limitation periods in relation to administrative remedies under Division 3 of Part 6 of the Act.

(1) The time limit for giving a notice under section 71 is 3 years after the date on which the facts of the alleged contravention first came to the knowledge of an official. ,

(1.1) The time limit for making an order under section 74.4 (1) (c) or (d) is 5 years after the date specified in the notice given under section 74.3. , and

(c) in subsection (2) by striking out "certifying the date the facts that lead to the determination that the contravention occurred first came to the knowledge of the official" and substituting "certifying the date the facts of the alleged contravention first came to the knowledge of the official".

CLAUSE 140: [Forest and Range Practices Act, section 76.1] is consequential to amendments made by this Bill to Division 3 of Part 6 of the Act.

(a) an order or other determination made under this Act requires a person to pay an administrative penalty or other amount, and , and

(b) by striking out "the penalty or charge is due and payable" and substituting "the penalty or other amount is due and payable".

CLAUSE 141: [Forest and Range Practices Act, section 78] is consequential to amendments made by this Bill to Division 3 of Part 6 of the Act.

141 Section 78 (2) is amended by striking out ", other than a determination to levy an administrative penalty under section 71 or 74 (3) (d)" and substituting ", other than a determination to impose an administrative penalty under section 74 or 74.4 (1) (d) or to make an order under section 74.6,".

CLAUSE 142: [Forest and Range Practices Act, section 78] is consequential to the addition by this Bill of section 74.61 to the Act.

CLAUSE 143: [Forest and Range Practices Act, section 79] adds to the list of determinations that may be corrected by the decision-maker, consequential to amendments made by this Bill to Division 3 of Part 6 of the Act.

143 Section 79 (1) is amended by striking out "71, 74 or 77" and substituting "71, 74, 74.2, 74.4, 74.6 or 77".

CLAUSE 144: [Forest and Range Practices Act, section 79] adds to the list of determinations that may be corrected by the decision-maker, consequential to the addition by this Bill of section 74.61 to the Act.

144 Section 79 (1) is amended by striking out "74.6 or 77" and substituting "74.6, 74.61 or 77".

CLAUSE 145: [Forest and Range Practices Act, section 80] adds to the list of determinations that are reviewable under section 80 of the Act, consequential to amendments made by this Bill to Division 3 of Part 6 of the Act.

145 Section 80 (1) is amended by striking out "71, 74," and substituting "71, 74, 74.2, 74.4, 74.6,".

CLAUSE 146: [Forest and Range Practices Act, section 80] adds to the list of determinations that are reviewable under section 80 of the Act, consequential to the addition by this Bill of section 74.61 to the Act.

CLAUSE 147: [Forest and Range Practices Act, section 81] adds to the list of determinations that are reviewable at the instance of the Forest Practices Board, consequential to amendments made by this Bill to Division 3 of Part 6 of the Act.

147 Section 81 (1) is amended by striking out "71 or 74" and substituting "71, 74, 74.2, 74.4 or 74.6".

CLAUSE 148: [Forest and Range Practices Act, section 81] adds to the list of determinations that are reviewable at the instance of the Forest Practices Board, consequential to the addition by this Bill of section 74.61 to the Act.

148 Section 81 (1) is amended by striking out "74.4 or 74.6" and substituting "74.4, 74.6 or 74.61".

CLAUSE 149: [Forest and Range Practices Act, section 83]

adds to the list of determinations that the Forest Appeals Commission may, at the instance of the Forest Practices Board, order the minister to make, consequential to amendments made by this Bill to Division 3 of Part 6 of the Act;
makes a housekeeping amendment.

(a) the minister is authorized under section 71, 74, 74.2, 74.4 or 74.6 to make a determination and has not done so, and , and

CLAUSE 150: [Forest and Range Practices Act, section 83] adds to the list of determinations that the Forest Appeals Commission may, at the instance of the Forest Practices Board, order the minister to make, consequential to the addition by this Bill of section 74.61 to the Act.

150 Section 83 (2) (a) is amended by striking out "74.4 or 74.6" and substituting "74.4, 74.6 or 74.61".

CLAUSE 151: [Forest and Range Practices Act, section 84] makes housekeeping amendments.

(2) On application under section 83 (2) by the board, the commission may order the minister to make a determination under the applicable provision referred to in section 83 (2) (a).

CLAUSE 152: [Forest and Range Practices Act, section 90] is consequential to amendments made by this Bill to Division 3 of Part 6 of the Act.

152 Section 90 (1) is amended by striking out "74 (1)" and substituting "74.2 (2)".

CLAUSE 153: [Forest and Range Practices Act, section 103.1] is consequential to amendments made by this Bill to Division 3 of Part 6 of the Act.

153 Section 103.1 (2) (f), as enacted by section 76 of the Forests Statutes Amendment Act, 2021, S.B.C. 2021, c. 37, is repealed and the following substituted:

(f) if a fine, administrative penalty or other amount owing as a result of a sanction is overdue, the date it was due and the outstanding amount.

CLAUSE 154: [Forest and Range Practices Act, section 147] adds a power to prescribe matters that must be considered in the exercise of a discretionary power under the Act.

(a) in subsection (1) by adding "and the matters that a person must consider" after "the criteria that a person must use", and

(2) Criteria or matters prescribed under subsection (1) are additional to any criteria or matters that a person is required to use or consider in exercising a discretionary power under this Act.

CLAUSE 155: [Forest and Range Practices Act, section 155] is consequential to the amendment by this Bill of section 12 of the Forest Act.

(a) in subsection (1) (e) by striking out "an agreement under the Forest Act or a cutting permit to deactivate a road authorized or constructed under the agreement or permit" and substituting "an agreement under the Forest Act to deactivate a road authorized or constructed under the agreement", and

CLAUSE 156: [Forest and Range Practices Act, section 163] updates wording for consistency, consequential to amendments made by this Bill to Division 3 of Part 6 of the Act, and adds a regulation-making power in relation to administrative penalties.

(a) in subsection (3) by striking out "the levying of an administrative penalty" and substituting "the imposition of an administrative penalty",

(b) in subsection (3) (a) by striking out "penalties may be levied" and substituting "penalties may be imposed",

(4) Without limiting subsection (1), for the purposes of sections 74 (1) and 74.4 (1) (d), the Lieutenant Governor in Council may make regulations establishing formulas or other methods to be used in determining the maximum amount of an administrative penalty under those provisions.

CLAUSE 157: [Forest and Range Practices Act, section 163] adds regulation-making powers for the purposes of section 74.61 of the Act, as added by this Bill.

(5) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting orders under section 74.61, including, without limitation, regulations doing one or more of the following:

(a) specifying circumstances in which an order under section 74.61 may not be made;

(b) prescribing maximum amounts that a person may be ordered to pay in relation to a resource or feature referred to in section 74.61 (a);

(c) establishing criteria, circumstances, rules, methods or formulas to be used in determining amounts under section 74.61 (a) or (b);

(d) for the purposes of section 74.61 (b), providing for the determination of amounts that vary according to the size, nature, features, qualities or ecology of the area affected by the contravention, including, without limitation, the age or other characteristics of timber in the area;

(e) if the regulations made for the purposes of section 74.61 (b) provide for the determination of amounts that vary according to the size of the area affected by the contravention, authorizing the minister to round up in accordance with the regulations if the area is smaller than the prescribed number of hectares.

CLAUSE 158: [Forest and Range Practices Act, section 177.1] is consequential to amendments made by this Bill to Division 3 of Part 6 of the Act.

(a) in subsection (1) by striking out "71 (1), (2), (5) and (6), 72 to 86" and substituting "70.1, 71, 72, 74 (1) and (2), 74.1, 74.2, 74.3, 74.4, 74.5, 74.6, 74.7, 74.8, 75, 76.1, 77, 77.1, 78 to 86",

(b) in subsection (4) (c) by striking out "in section 71 (2) (a) (i) of this Act to an administrative penalty in an amount that does not exceed a prescribed amount" and substituting "in section 74 (1) of this Act to an administrative penalty in an amount that does not exceed the amount determined in accordance with the regulations", and

CLAUSE 159: [Forest and Range Practices Act, section 177.1] is consequential to the addition by this Bill of section 74.61 to the Act.

CLAUSE 160: [Forest Practices Code of British Columbia Act, section 130.1] repeals a provision, consequential to amendments made by this Bill to section 58.1 of the Forest and Range Practices Act.

160 Section 130.1 of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, is repealed.

CLAUSE 161: [Forest Practices Code of British Columbia Act, section 205] adds regulation-making powers in relation to the conditions of special use permits.

(2.1) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations requiring holders of special use permits to comply with the conditions of special use permits. , and

CLAUSE 162: [Great Bear Rainforest (Forest Management) Act, section 52] is consequential to amendments made by this Bill to Part 8 of the Forest Act.

162 Section 52 of the Great Bear Rainforest (Forest Management) Act, S.B.C. 2016, c. 16, is repealed.

CLAUSE 163: [Range Act, section 79] is consequential to amendments made by this Bill to Division 3 of Part 6 of the Forest and Range Practices Act.

163 Section 79 (3) (a) of the Range Act, S.B.C. 2004, c. 71, is repealed and the following substituted:

(a) respecting administrative penalties or other amounts that a person may, by an order made under section 74 or 74.6 of the Forest and Range Practices Act, be required to pay for the contravention of a provision of this Act, and .

CLAUSE 164: [Range Act, section 79] is consequential to the addition by this Bill of section 74.61 to the Forest and Range Practices Act.

164 Section 79 (3) (a) is amended by striking out "section 74 or 74.6" and substituting "section 74, 74.6 or 74.61".

CLAUSE 165: [Range Act, section 80] adds a power to prescribe matters that must be considered in the exercise of a discretionary power under the Act.

(a) in subsection (1) by adding "and the matters that a person must consider" after "the criteria that a person must use", and

(2) Criteria or matters prescribed under subsection (1) are additional to any criteria or matters that a person is required to use or consider in exercising a discretionary power under this Act.

CLAUSE 166: [Special Accounts Appropriation and Control Act, section 5] is consequential to amendments made by this Act to Division 3 of Part 6 of the Forest and Range Practices Act.

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

(a) in subsection (1) (b) (i) by striking out "section 73" and substituting "section 74.8",

(i) to carry out a remedial action, as defined in section 70.1 of the Forest and Range Practices Act, in relation to a contravention of the Acts, as defined in section 58.1 of the Forest and Range Practices Act;

(i.1) to carry out, under section 74.4 (1) (b) of the Forest and Range Practices Act, actions referred to in section 51 (7), 54 (2) or 57 (4) of that Act; , 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), (i.1) or (ii)".

CLAUSE 167: [Wildfire Act, section 11] replaces a cross-reference to the definition of "highway" in the repealed Highway Act with a cross-reference to the definition of "highway" in the Transportation Act.

167 Section 11 (2) (b) (ii) of the Wildfire Act, S.B.C. 2004, c. 31, is amended by striking out "the Highway Act" and substituting "the Transportation Act".

CLAUSE 168: [Wildfire Act, section 18.01] authorizes government to assist others with lighting, fuelling and using fire and with carrying out other activities related to the fire.

Government may assist with fire

18.01 (1) In this section, "Indigenous peoples" has the same meaning as in the Declaration on the Rights of Indigenous Peoples Act.

(2) Without limiting section 18, and subject to subsection (3) of this section and the regulations, the government may assist a person or entity with

(a) lighting, fuelling or using a fire for any purpose, including, without limitation, a purpose identified by an Indigenous people, and

(3) The government may not assist a person or entity with carrying out activities under subsection (2) if the person or entity is prohibited by law from

CLAUSE 169: [Wildfire Act, section 18.1] repeals a spent transitional provision.

CLAUSE 170: [Wildfire Act, section 71] adds a power to prescribe matters that must be considered in the exercise of a discretionary power under the Act.

(a) in subsection (1) by adding "and the matters that a person must consider" after "the criteria that a person must use", and

(2) Criteria or matters prescribed under subsection (1) are additional to any criteria or matters that a person is required to use or consider in exercising a discretionary power under this Act.

CLAUSE 171: [Wildfire Act, section 72.1] adds a regulation-making power for the purposes of section 18.01 of the Act, as added by this Bill.

Requests for assistance with fire

72.1 The Lieutenant Governor in Council may make regulations respecting assistance under section 18.01, including, without limitation, respecting circumstances in which the government may or may not assist with carrying out activities in respect of a fire.

CLAUSE 172: [Forest Act transition – definitions] defines terms for the purposes of transitional provisions.

Forest Act transition – definitions

"former Act" means the Forest Act, as it read immediately before the transition date;

CLAUSE 173: [Forest Act transition – authority to specify date] authorizes a regulation that replaces a described date in a provision of the Forest Act with an actual date.

Forest Act transition – authority to specify date

173 The Lieutenant Governor in Council may make a regulation amending section 52.13 of the amended Act by striking out "the date this section comes into force" and substituting the actual date that section comes into force.

CLAUSE 174: [Forest Act transition – pending application for cutting permit] provides a transitional rule respecting applications for cutting permits made before the transition date, consequential to the addition by this Bill of Part 3.1 to the Forest Act.

Forest Act transition – pending application for cutting permit

"pending application" means an application for which a final decision has not been made before the transition date;

"pre-existing rules", in relation to a pending application for a cutting permit under an agreement, means

(a) the former Act and the regulations made for the purposes of the former Act, as those regulations read immediately before the transition date, and

(b) the terms and conditions of the agreement, as they read immediately before the transition date.

(2) Despite section 52.13 of the amended Act, the pre-existing rules continue to apply in relation to

(b) the content of a cutting permit issued as a result of the pending application.

CLAUSE 175: [Forest Act transition – cutting permit issued under agreement] deems a cutting permit issued under the pre-existing scheme to be a cutting permit issued under Part 3.1 of the Forest Act, as added by this Bill.

Forest Act transition – cutting permit issued under agreement

175 (1) In this section, "transitional cutting permit" means either of the following:

(a) a cutting permit issued as a result of an application described in section 174;

(2) A transitional cutting permit issued under an agreement is deemed to be a cutting permit issued for the agreement under section 52.03 (1) of the amended Act.

(3) For the purposes of subsection (1) (b) of this section, a cutting permit is to be considered in effect even if

CLAUSE 176: [Forest Act transition – application of Part 3.1 to pre-existing forestry licence to cut] provides a transitional rule in relation to forestry licences to cut entered into before the transition date, consequential to the amendment made by this Bill to section 47.7 of the Forest Act and the addition by this Bill of Part 3.1 to that Act.

Forest Act transition – application of Part 3.1 to pre-existing forestry licence to cut

176 (1) In this section, "pre-existing forestry licence to cut" means a forestry licence to cut entered into under the former Act that

(2) Part 3.1 of the amended Act, and the regulations made for the purposes of that Part, apply to a pre-existing forestry licence to cut as if the pre-existing forestry licence to cut required the holder to obtain cutting permits under that Part.

(3) For the purposes of subsection (1), a forestry licence to cut is to be considered in effect even if rights under the licence are under suspension.

CLAUSE 177: [Forest Act transition – postponement of cutting permit] provides transitional rules respecting a postponement, before the transition date, of the operation of a cutting permit, consequential to the addition by this Bill of Part 3.1 to the Forest Act and the repeal by this Bill of section 58.21 of that Act.

Forest Act transition – postponement of cutting permit

177 (1) In this section, "pre-existing postponement" means a postponement under section 58.21 (1) of the former Act of the operation of a cutting permit for a period ending on or after the transition date.

(2) A pre-existing postponement is deemed to be a postponement under section 52.11 (1) of the amended Act.

(3) If the postponement of the operation of a cutting permit has been rescinded under section 58.21 (7) of the former Act, the postponement is deemed to have been rescinded under section 52.11 (5) of the amended Act.

CLAUSE 178: [Forest Act transition – application of section 81 of amended Act] provides that section 81 of the Forest Act, as amended by this Bill, applies for the purpose of determining whether to issue certain authorizations, regardless of whether the authorization was sought before or after the transition date.

Forest Act transition – application of section 81 of amended Act

"specified authorization" means a specified authorization, as defined in section 81 of the amended Act, other than a road permit or road use permit.

(2) Section 81 of the amended Act applies for the purposes of determining whether to refuse to issue, or whether to refuse an application for, a specified authorization, regardless of whether the specified authorization is sought or applied for before, on or after the transition date.

CLAUSE 179: [Forest Act transition – pending application for road permit or road use permit] provides a transitional rule respecting applications for road permits or road use permits made before the transition date, consequential to amendments made by this Bill to Part 8 of the Forest Act.

Forest Act transition – pending application for road permit or road use permit

"pending application" means an application for which a final decision has not been made before the transition date;

(a) Division 5 of Part 4 of the former Act and the regulations made for the purposes of that Division, as those regulations read immediately before the transition date, and

(b) Part 8 of the former Act and the regulations made for the purposes of that Part, as those regulations read immediately before the transition date.

(b) the content of a road permit or road use permit granted as a result of the pending application.

CLAUSE 180: [Forest Act transition – road permits and road use permits] deems a road permit or road use permit granted under the pre-existing scheme to be a road permit or road use permit issued under Part 8 of the Forest Act, as amended by this Bill.

Forest Act transition – road permits and road use permits

(a) a road permit granted as a result of an application described in section 179;

(a) a road use permit granted as a result of an application described in section 179;

(2) A transitional road permit is deemed to be a road permit issued under section 115 of the amended Act.

(3) For certainty, Part 8 of the amended Act does not affect harvesting rights referred to in section 116 of the former Act that have been granted to the holder under a transitional road permit.

(4) A transitional road use permit granted under section 115 of the former Act is deemed to be a road use permit issued under section 119.5 of the amended Act.

(5) A transitional road use permit granted under section 117 of the former Act is deemed to be a road use permit issued under section 119.6 of the amended Act.

(6) For the purposes of subsection (1), a road permit or road use permit is to be considered in effect even if rights under the permit are under suspension.

CLAUSE 181: [Forest and Range Practices Act transition – definitions] defines terms for the purposes of transitional provisions.

Forest and Range Practices Act transition – definitions

"amended Act" means the Forest and Range Practices Act, as amended by this Act;

"former Act" means the Forest and Range Practices Act, as it read immediately before the transition date;

CLAUSE 182: [Forest and Range Practices Act transition – authority to specify date] authorizes a regulation that replaces a described date in a provision of the Forest and Range Practices Act with an actual date.

Forest and Range Practices Act transition – authority to specify date

182 The Lieutenant Governor in Council may make a regulation amending section 58.2 (0.1) of the amended Act by striking out "the date this subsection comes into force" and substituting the actual date that subsection comes into force.

CLAUSE 183: [Forest and Range Practices Act transition – pre-existing administrative proceeding] provides transitional rules respecting ongoing administrative proceedings against a person alleged to have contravened the legislation, consequential to amendments made by this Bill to Divisions 3 and 4 of Part 6 of the Forest and Range Practices Act.

Forest and Range Practices Act transition – pre-existing administrative proceeding

(a) in relation to which no final determination under section 71 of the former Act has been made by the transition date, and

(i) has been given an opportunity to be heard under section 71 (1) of the former Act, or

(ii) has been notified that an opportunity to be heard under section 71 (1) of the former Act would be given.

(2) Subject to subsection (3) of this section, Divisions 3 and 4 of Part 6 of the former Act, and the regulations made for the purposes of those Divisions, as those regulations read immediately before the transition date, continue to apply in relation to a pre-existing administrative proceeding.

(3) If, as of the transition date, less than 3 years have passed since the date on which the facts giving rise to a pre-existing administrative proceeding came to the knowledge of an official,

(a) section 75 of the amended Act applies to the pre-existing administrative proceeding, and

(b) a notice referred to in section 75 (1) of the amended Act is deemed to have been given on the date on which the person who is the subject of the pre-existing administrative proceeding was notified that an opportunity to be heard under section 71 (1) of the former Act would be given.

(4) For the purposes of applying section 75 (1.1) of the amended Act to a pre-existing administrative proceeding, that subsection is to be read as if

(a) the reference to section 74.4 (1) (c) or (d) of the amended Act were a reference to section 74 (3) (c) or (d) of the former Act, and

(b) the reference to section 74.3 of the amended Act were a reference to section 74 (2) of the former Act.

CLAUSE 184: [Forest and Range Practices Act transition – administrative remedies] provides transitional rules respecting administrative penalties and remediation orders imposed before the transition date, consequential to amendments made by this Bill to Divisions 3 and 4 of Part 6 of the Forest and Range Practices Act.

Forest and Range Practices Act transition – administrative remedies

(a) has been levied before the transition date under section 71 (2) of the former Act, and

"pre-existing notice of administrative penalty" means a notice, given under section 71 (6) of the former Act, of a pre-existing administrative penalty;

"pre-existing remediation order" means an order made before the transition date under section 51 (7), 54 (2), 57 (4) or 74 of the former Act.

(2) A pre-existing administrative penalty is deemed to have been imposed by an order made under section 74 (1) of the amended Act.

(3) A pre-existing notice of administrative penalty is deemed to have been given in accordance with section 74.1 of the amended Act.

(4) Divisions 3 and 4 of Part 6 of the former Act, and the regulations made for the purposes of those Divisions, as those regulations read immediately before the transition date, continue to apply in relation to a pre-existing remediation order.

CLAUSE 185: [Energy Resource Activities Act, section 1]

modifies the definition of "specified provision" to include provisions added by this Bill to the Forest Act respecting the issuance, postponement and extension of cutting permits;
is consequential to amendments made by this Bill to Part 8 of the Forest Act.

185 Section 1 (2) of the Energy Resource Activities Act, S.B.C. 2008, c. 36, is amended by repealing paragraph (b) of the definition of "specified provision" and substituting the following:

(i) section 47.4 [licence to cut for persons occupying land or for energy resource purposes], but only in relation to a master licence to cut;

(ii) sections 52.03 [issuance of cutting permit], 52.10 [extension of cutting permit] and 52.11 [postponement of cutting permit], but only in relation to a cutting permit for a master licence to cut;

(iii) section 119.6 [issuance of road use permit for natural resource development purpose]; .

CLAUSE 186: [Forest and Range Practices Amendment Act, 2019, various provisions] is consequential to amendments made by this Bill to the Forest Act.

186 Sections 48, 49, 50, 51, 52, 53, 54 and 55 of the Forest and Range Practices Amendment Act, 2019, S.B.C. 2019, c. 25, are repealed.

CLAUSE 187: [Forests Statutes Amendment Act, 2021, various provisions] is consequential to amendments made by this Bill to the Forest Act and the Forest and Range Practices Act.

187 Sections 12, 13, 14, 15, 18, 25, 28, 60, 61, 66, 67 and 101 (c) of the Forests Statutes Amendment Act, 2021, S.B.C. 2021, c. 37, are repealed.

Commencement

188 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Explanatory Notes