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2005 Legislative Session: 1st Session, 38th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE RICH COLEMAN

MINISTER OF FORESTS AND RANGE

AND MINISTER RESPONSIBLE FOR HOUSING

BILL 10 – 2005

FORESTS AND RANGE STATUTES

AMENDMENT ACT, 2005

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

Forest and Range Practices Act

Part 6 of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is amended by adding the following

section before Division 1:

Definition for

Part 6

58.1 In this Part, "the Acts" means one or more of this Act, the regulations or the standards or the Forest Act , the Range Act or a regulation made under the Forest Act or the Range Act .

Part 6 is amended by adding the following

section before Division 1:

Applicability of certain provisions of

Part 6 of this Act

for the Forest Practices Code of British Columbia Act

58.2

(1) Sections 59 to 70, 71 (1), (2), (5) and (6), 72 to 86, 88 to 96, 98 to 101 and 103 of this Act apply to and in respect of

(

a) the Forest Practices Code of British Columbia Act , and

(

b) the regulations or standards under that Act

in relation to the period that ended at midnight on January 30, 2004.

(2) Subject to

section 36 (1) (

d) of the

Interpretation Act , for contraventions of

(

a) the Forest Practices Code of British Columbia Act , or

(

b) the regulations or standards under that Act

that occurred before midnight on January 30, 2004,

(

c) the maximum administrative penalties, and

(

d) the maximum fines and periods of imprisonment

are as provided for under the Forest Practices Code of British Columbia Act at the time of the contravention.

(3) For the purposes of this section,

(

a) the references in

section 67 of this Act to sections 52, 50 (2) and 51 must be read as references to sections 96, 100 and 101, respectively, of the Forest Practices Code of British Columbia Act ,

(

b) the reference in

section 68 (1) of this Act to

section 50 (1) must be read as a reference to

section 98 of the Forest Practices Code of British Columbia Act ,

(

c) the reference in

section 71 (2) (a) (

i) of this Act to an administrative penalty in an amount that does not exceed a prescribed amount must be read as a reference

(

i) to

(

A) the penalty provided for under

section 117 (1) of the Forest Practices Code of British Columbia Act , up to and including the amount provided for under that provision, or

(

B) that penalty plus the additional penalty provided for in

section 119 (3) of that Act, up to and including the amount referred to in that provision, or

(ii) to

(

A) the penalty provided for in

section 119 (1) of the Forest Practices Code of British Columbia Act , up to and including the amount referred to in that provision, or

(

B) that penalty plus the additional penalty provided for in

section 119 (3) of that Act, up to and including the amount referred to in that provision,

(

d) the references in

section 90 of this Act to sections 26 (2), 51 (7), 54 (2), 57 (4), 66 (1) and 74 (1) must be read as references to sections 106 (1), 101 (2), 99 (2), 102 (3), 123 and 118, respectively, of the Forest Practices Code of British Columbia Act ,

(

e) the reference in

section 93 of this Act to

section 46 (1) must be read as a reference to

section 45 (1), (3) or (4), as applicable, of the Forest Practices Code of British Columbia Act ,

(

f) the references in

section 93 of this Act to sections 50 (1), 54 (1), 55 and 57 (1) must be read as references to sections 98, 99 (1), 103 and 102 (1), respectively, of the Forest Practices Code of British Columbia Act ,

(

g) the references in

section 94 of this Act to sections 52 and 53 must be read as references to sections 96 and 97, respectively, of the Forest Practices Code of British Columbia Act ,

(

h) the reference in

section 95 of this Act to

section 50 must be read as a reference to

section 100 of the Forest Practices Code of British Columbia Act , and

(

i) the reference in

section 96 of this Act to

section 57 must be read as a reference to

section 102 of the Forest Practices Code of British Columbia Act .

Section 59 (1) is repealed.

Section 177.1 is repealed and the following is substituted:

Applicability of certain provisions of

Part 6

of this Act for the Code

177.1

(1) Sections 59 to 70, 71 (1), (2), (5) and (6), 72 to 86 and 88 to 103 of this Act apply to and in respect of the Code and the Code regulations.

(2) A person to whom the Code and the Code regulations apply who contravenes a requirement, the contravention of which is an offence under the Code or the Code regulations, commits that offence under the Code or the Code regulations and is liable on conviction

(

a) to a fine not exceeding the maximum amount specified in the Code or the Code regulations for that offence,

(

b) to imprisonment not exceeding the maximum amount specified in the Code or the Code regulations for that offence, or

(

c) to both.

(3) For contraventions of the Code or the Code regulations, the maximum administrative penalties are as provided for under the Code and the Code regulations.

(4) For the purposes of this section,

(

a) the references in

section 67 of this Act to sections 52, 50 (2) and 51 must be read as references to sections 96, 100 and 101, respectively, of the Code,

(

b) the reference in

section 68 (1) of this Act to

section 50 (1) must be read as a reference to

section 98 of the Code,

(

c) the reference in

section 71 (2) (a) (

i) of this Act to an administrative penalty in an amount that does not exceed a prescribed amount must be read as a reference

(

i) to

(

A) the penalty provided for under

section 117 (1) of the Code, up to and including the amount provided for under that provision, or

(

B) that penalty plus the additional penalty provided for in

section 119 (3) of the Code, up to and including the amount referred to in that provision, or

(ii) to

(

A) the penalty provided for in

section 119 (1) of the Code, up to and including the amount referred to in that provision, or

(

B) that penalty plus the additional penalty provided for in

section 119 (3) of the Code, up to and including the amount referred to in that provision,

(

d) the references in

section 90 of this Act to sections 26 (2), 51 (7), 54 (2), 57 (4), 66 (1) and 74 (1) must be read as references to sections 106 (1), 101 (2), 99 (2), 102 (3), 123 and 118, respectively, of the Code,

(

e) the reference in

section 93 of this Act to

section 46 (1) must be read as a reference to

section 45 (1), (3) or (4), as applicable, of the Code,

(

f) the references in

section 93 of this Act to sections 50 (1), 54 (1), 55 and 57 (1) must be read as references to sections 98, 99 (1), 103 and 102 (1), respectively, of the Code,

(

g) the references in

section 94 of this Act to sections 52 and 53 must be read as references to sections 96 and 97, respectively, of the Code,

(

h) the reference in

section 95 of this Act to

section 50 must be read as a reference to

section 100 of the Code, and

(

i) the reference in

section 96 of this Act to

section 57 must be read as a reference to

section 102 of the Code.

Forestry Revitalization Act

Section 12 of the Forestry Revitalization Act, S.B.C. 2003, c. 17, is repealed and the following substituted:

Changes to scheduled items

12 The Lieutenant Governor in Council, by regulation, may amend the

Schedule

(

a) to correct, as necessary, the names of licensees itemized in Column 1 and the licence numbers itemized in Column 2, and

(

b) to take into account

(

i) either

(

A) a consolidation, or

(

B) a subdivision

of a licence under

section 19 or 39 of the Forest Act ,

(ii) a disposition, as defined in

section 53 of the Forest Act , of a licence as defined in

section 1 of this Act, to or from a licensee named in the Schedule,

(iii) an amalgamation of a corporation that is a licensee named in the

Schedule with another corporation, or

(iv) a change of control, a disposition of control or an acquisition of control, all as set out in

section 54.5 of the Forest Act , involving a licensee named in the

Schedule

that affects the volume of timber

(

v) set out in Column 3 of the

Schedule for a group of licences, or

(vi) specified in any of the licences held by a licensee listed in Column 1 of the Schedule.

6 The

Schedule is amended

(

a) in Column 3 of item 21, opposite the group name TEAL CEDAR PRODUCTS GROUP, by striking out " 48 078 " and substituting " 216 215 ",

(

b) in item 21 by adding the following as the last row:

Teal Cedar Products Ltd.

TFL46

(

c) in Column 3 of item 23, opposite the group name TIMBERWEST GROUP, by striking out " 201 344 " and substituting " 33 207 ", and

(

d) in item 23 by striking out the row containing " TFL Forest Ltd. " in Column 1 and " TFL46 " in Column 2.

Wildfire Act

Part 3 of the Wildfire Act, S.B.C. 2004, c. 31, is amended by adding the following

section before Division 1:

Applicability of sections 19 to 42 and 45 to 53 of this Act

for the Forest Practices Code of British Columbia Act

18.1

(1) Sections 19 to 42 and 45 to 53 of this Act apply to and in respect of

(

a) Divisions 1 to 3 of

Part 5 and

section 154 of the Forest Practices Code of British Columbia Act ,

(

b) the regulations under that Act, and

(

c) liabilities of persons to the government under

section 162 of that Act

in relation to the period beginning on January 31, 2004 and ending at midnight on March 30, 2005.

(2) Subject to

section 36 (1) (

d) of the

Interpretation Act , for contraventions of

(

a) Divisions 1 to 3 of

Part 5 and

section 154 of the Forest Practices Code of British Columbia Act , or

(

b) the regulations under that Act,

that occurred during the period beginning on January 31, 2004 and ending at midnight on March 30, 2005,

(

c) the maximum administrative penalties are as provided for under the Forest and Range Practices Act at the time of the contravention, and

(

d) the maximum fines and periods of imprisonment are as provided for under the Forest Practices Code of British Columbia Act at the time of the contravention .

(3) For the purposes of this section,

(

a) the reference in each of sections 25 and 27 (1) (

b) of this Act to

section 9 must be read as a reference to

section 89 of the Forest Practices Code of British Columbia Act ,

(

b) the reference in

section 27 (1) (

a) of this Act to a prescribed amount must be read as a reference to the amount prescribed under

section 71 of the Forest and Range Practices Act at the time of the contravention, and

(

c) the reference in

section 47 of this Act to an order made under this Act must be read as a reference to a notice of determination made under

section 82 of the Forest Practices Code of British Columbia Act .

Commencement

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

Item

Column 1

Provisions of Act

Column 2

Commencement

Anything not elsewhere covered by this table

The date of Royal Assent

Section 1

March 31, 2005

Section 2

January 31, 2004

Section 3

March 31, 2005

Section 4

January 31, 2004

Section 7

March 31, 2005

Explanatory Notes

Forest and Range Practices Act

SECTION 1: [Forest and Range Practices Act,

section 58.1]

has retroactive effect on and after March 31, 2005;

re-enacts the definition of "the Acts", currently in

section 59 (1), as a stand-alone provision at the beginning of

Part 6.

SECTION 2: [Forest and Range Practices Act,

section 58.2]

has retroactive effect on and after January 31, 2004;

provides that specified sections of the Forest and Range Practices Act that are part of the compliance and enforcement regime under that Act apply also in respect of the Forest Practices Code of British Columbia Act for purposes of dealing with contraventions and other things that occurred under the latter Act, while it was in force, during the period that ended at midnight on January 30, 2004;

requires that, in applying the specified sections of the Forest and Range Practices Act to contraventions under the Forest Practices Code of British Columbia Act , the maximum administrative penalties and the maximum fines and periods of imprisonment are as provided under the latter Act at the time of the contravention;

sets out in subsection (3) the particulars of when certain internal cross-references in the Forest and Range Practices Act must be read as cross-references to their counterpart provisions of the Forest Practices Code of British Columbia Act while it was in force.

SECTION 3: [Forest and Range Practices Act,

section 59] as a consequence of the re-enactment of the definition of "the Acts" by

section 1 of this Bill, repeals the provision that currently contains that definition, with retroactive effect on and after March 31, 2005.

SECTION 4: [Forest and Range Practices Act,

section 177.1]

has retroactive effect on and after January 31, 2004;

provides that specified sections of the Forest and Range Practices Act that are part of the compliance and enforcement regime under that Act apply also in respect of the Code and the Code regulations, as defined, for purposes of dealing with contraventions of those enactments by persons to whom they apply and with certain other matters related to that regime;

requires that, in applying the specified sections of the Forest and Range Practices Act to contraventions under the Code, the maximum fines and periods of imprisonment and the maximum administrative penalties are as provided for under the Code;

sets out in subsection (4) the particulars of when certain internal cross-references in the Forest and Range Practices Act must be read as cross-references to their counterpart provisions of the Code.

Forestry Revitalization Act

SECTION 5: [Forestry Revitalization Act,

section 12] augments the power to amend the

Schedule by regulation by authorizing regulations to take into account transactions

that affect timber volumes of groups of licences, as defined, or of

licences held by licensees listed in Column 1 of the Schedule.

SECTION 6: [Forestry Revitalization Act, Schedule] reflects the transfer of tree farm

licence 46 from TFL Forest Ltd. in the Timberwest Group to Teal Cedar Products

Ltd. in the Teal Cedar Products Group.

Wildfire Act

SECTION 7: [Wildfire Act,

section 18.1]

has retroactive effect on and after March 31, 2005;

provides that specified sections of the Wildfire Act that are part of its compliance and enforcement regime apply also in respect of the Forest Practices Code of British Columbia Act for purposes of dealing with contraventions and other things that occurred under the latter Act, while it was in force during the period beginning on January 31, 2004 and ending at midnight on March 30, 2005;

requires that, in applying the specified sections of the Wildfire Act to contraventions under the Forest Practices Code of British Columbia Act , the maximum administrative penalties and the maximum fines and periods of imprisonment are as provided under the Forest and Range Practices Act and the Forest Practices Code of British Columbia Act , respectively, at the time of the contravention;

sets out in subsection (3) the particulars of when certain internal cross-references in the Wildfire Act must be read as cross-references to their counterpart provisions of the Forest Practices Code of British Columbia Act or the Forest and Range Practices Act , as applicable.

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