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1998/99 Legislative Session: 3rd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE DAVID ZIRNHELT

MINISTER OF FORESTS

BILL 82 – 1999

FORESTS STATUTES AMENDMENT ACT, 1999

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the

Province of British Columbia, enacts as follows:

Forest Act

Section 21 of the Forest Act, R.S.B.C. 1996, c. 157, is amended by repealing

subsections (4) to (6) and substituting the following:

(4) The minister or a person authorized by the minister may

(

a) approve one or more applications,

(

b) approve an application subject to conditions that the

applicant must comply with before the timber sale licence is entered into,

(

c) agree with an applicant

(

i) to dispose of a smaller volume of timber than was applied for,

person authorized by the minister considers necessary, or

(

d) reject any or all applications.

(5) If an application is made in accordance with this

section in

response to the advertisement, and the minister or a person authorized by the minister

(

a) approves the application under subsection (4) (

a) or (c), the

regional manager or district manager must enter into a timber sale licence, or

(

b) approves the application under subsection (4) (b), the

regional manager or district manager must enter into a timber sale licence if the

conditions referred to in that subsection have been met.

(6) If an applicant does not comply with the conditions referred

to in subsection (4) (b),

(

a) the regional or district manager, by written notice served on

the applicant and without a hearing, may refuse to enter into the timber sale licence, and

(

b) if the regional or district manager refuses to enter into the

timber sale licence, the minister or person authorized by the minister, in accordance with

this section, may approve the application of another person for a timber sale licence for

all or part of the advertised volume of timber.

(7) A timber sale licence entered into under this

section is not

replaceable.

(8) For the purpose of this section, the minister may establish,

vary or rescind policies and procedures that a person must use in exercising a

discretionary power conferred on the person under subsections (1) to (4).

(9) Policies and procedures under subsection (8) may be different

for different persons, places, timber sale licences, classes of timber sale licences or

transactions.

Section 48 is amended

(

a) in subsection (1) by striking out "and" at the end of

paragraph (e), by adding "and" at the end of paragraph (f), and by

adding the following paragraph:

(

g) a person who requires Crown timber for a traditional and

cultural activity and not for sale to others. , and

(

b) by adding the following subsection:

(3) If a person who requires Crown timber under subsection (1) (

g) wishes to harvest more than 50 m 3 under the free use permit, the person must

(

a) apply to the district manager, and

(

b) include in the application the information required by the

district manager.

Section 49 is amended

(

a) in subsection (1) by striking out "may issue a free use permit

to a person qualified under

section 48." and substituting "may

enter into a free use permit with a person qualified under

section 48." ,

(

b) in subsection (2) (

c) by adding "subject to subsection

(2.1)," before "must be limited" , and

(

c) by adding the following subsection:

(2.1) A free use permit authorized under 48 (1) (

g) may be for a

volume exceeding 50 m 3 , but not more than 250 m 3 , if the district

manager determines that a volume exceeding 50 m 3 is required to carry out the

traditional and cultural activity that is the subject of the application under

section 48

(3).

Section 52 is repealed and the following substituted:

Use by government employees and agents

(1) The regional manager or district manager may, in

writing, authorize

(

a) employees acting in the course of their duties, and

(

b) agents of the government acting in accordance with the terms

of the agency

to harvest Crown timber or to use and occupy Crown land in a

Provincial forest.

(2) An authorization under subsection (1)

(

a) is an agreement under the Forest Act for the

purposes of the definition of "forest practice" in the Forest Practices Code

of British Columbia Act , and

district manager considers appropriate and that are consistent with this Act and the

regulations, and the Forest Practices Code of British Columbia Act and the

regulations and standards under that Act.

(3) If the regional manager or district manager so specifies in

the authorization, the Forest Practices Code of British Columbia Act applies to the

authorization as if the authorization were a timber sale licence.

Section 63 (2) is amended by striking out "If" at the

beginning of the subsection and substituting "Subject to

section 63.1,

if" .

6 The following

section is added:

Proportionate reduction if

section 59.1 applies

63.1

(1) In this section:

"allowable annual cut increase" , for the period

from the date on which the determination of the previous allowable annual cut is made

effective and the date on which the determination of the current allowable annual cut is

made effective, means the sum of all increases under

section 59.1 to the allowable annual

cuts specified in forest licences or other agreements in the timber supply area;

"previous allowable annual cut" means the

allowable annual cut that was in effect for a timber supply area immediately before the

determination of the current allowable annual cut for the timber supply area.

(2) For the purposes of

section 63 (2),

(

a) the allowable annual cut for a timber supply area is reduced

if it is less than the sum of the previous allowable annual cut and the allowable annual

cut increase, and

(

b) the amount of the reduction is determined by adding the

previous allowable annual cut and the allowable annual cut increase and then subtracting

the current allowable annual cut.

Section 81 is amended

(

a) in subsection (1) by striking out "or" at the end of

paragraph (a),

(

b) in subsection (1) (

b) by repealing subparagraph (iv) and substituting the

following subparagraph:

(iv) comply with

(

A) a provision of the Forest Practices Code of British

Columbia Act or the regulations or the standards made under that Act in respect of an

area of land referred to in subparagraph (iii), or

(

B) a provision of

Part 5 or 6 of this Act or the regulations made

under those Parts

if a conviction for the failure to comply, or a determination, order or decision that

there was a failure to comply, is made after the agreement is entered into, or ,

(

c) in subsection (1) by adding the following paragraph:

(

c) the holder of the agreement is convicted of an offence

under

section 339 of the Criminal Code , or under

section 334,

344 or 463 of the Criminal Code because of a theft of timber under

section

322 of the Criminal Code, if the conviction is made after the agreement

is entered into. ,

(

d) in subsection (2) (c) (iv) by striking out "complies with the

requirement" and substituting "complies with the provision" ,

(

e) in subsection (3) by striking out "on either of the

grounds" and substituting "on the grounds" , and

(

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

(4) For the purpose of subsection (3), the grounds for rejection

are as follows:

(

a) the applicant has contravened a provision of the Forest

Practices Code of British Columbia Act or the regulations or the standards made under

that Act;

(

b) the applicant has been the subject of a conviction,

determination, order or decision that the applicant failed to comply with or contravened a

provision or

section referred to in subsection (1) (b) (iv) (

B) or (1) (c);

(

c) the applicant is, or was, the holder of an agreement or permit

and rights under the agreement or permit are under suspension;

(

d) the applicant is, or was, the holder of an agreement or permit

and, in respect of the agreement or permit, the applicant has failed to provide or perform

as referred to in subsection (1) (b) (ii) or (iii).

Section 82 is repealed and the following substituted:

Timber marking:

interpretation

82 In this Part:

"registrar" means the registrar designated by the

minister to administer timber marks and marine log brands;

"unscaled timber" includes timber for which the

amount of stumpage has been calculated under

section

Section 84 is amended

(

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

(1) Each of

(

a) the holder of a timber mark, and

(

b) a person acting with the consent of the holder of a timber

mark

must ensure that unscaled timber that is

(

c) stored in decks or piles on Crown land or private land, or

(

d) removed or transported from Crown land or private land

has been conspicuously marked in the prescribed manner with the

timber mark that pertains to that land. ,

(

b) in subsection (2) by striking out "If timber is floated"

and substituting "If unscaled timber is floated" ,

(

c) by repealing subsection (3) and substituting the following:

(3) A person must not

(

a) store unscaled timber in decks or piles on Crown land or

private land, or

(

b) remove or transport unscaled timber from Crown land or private

land

unless the timber has been conspicuously marked in the prescribed

manner with a timber mark. ,

(

d) in subsection (4) by striking out "Before use of the timber in

manufacturing," and substituting "Before timber marked under this

section is used in manufacturing," ,

(

e) in subsection (5) by striking out "may exempt timber"

and substituting "may exempt unscaled timber" , and

(

f) in subsection (6) by repealing paragraph (

c) and substituting the following:

(

c) a person storing unscaled timber on Crown land or private land

or removing or transporting unscaled timber from Crown land or private land.

Section 89 is amended by striking out "after timber is marked

with a timber mark" and substituting "after unscaled timber is

marked with a timber mark" .

Section 97 is amended

(

a) in subsection (1) (

f) by striking out "and to the regional

manager or district manager" and substituting "and to the regional

or district manager or to a person specified by either of them" ,

(

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

(2) If the scale return referred to in subsection (1) (

f) is not

completed and delivered to the regional or district manager, or a person specified by the

regional or district manager, within the time prescribed for the purpose of that

subsection, the person must pay to the government a penalty in the amount prescribed for

the purpose of this section. , and

(

c) in subsection (3) by striking out "subsection (2) (

a) or

(b)" and substituting "subsection (2)" .

Section 130 is amended

(

a) by repealing everything before subsection (1) (

a) and substituting the

following:

(1) Money that is required to be paid to the government under the

circumstances set out in subsection (1.1) , and

(

b) by adding the following subsection:

(1.1) The circumstances referred to in subsection (1) are that

money is required to be paid

(

a) under this Act, the former Act, the Range Act ,

the Forest Practices Code of British Columbia Act , or a regulation made

under any of them,

(

b) under an agreement entered into under this Act, the

former Act or the Range Act ,

(

c) under a permit issued under the Forest Practices Code of

British Columbia Act or the regulations made under that Act, or

(

d) for goods, services or both provided by the ministry.

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

(n.1) a penalty for the purpose of

section 97 (2), including

prescribing

(

i) the amount of the penalty, or the formulas or methods to be

used to determine the amount of the penalty, and

(ii) the circumstances under which the payment of the penalty may

be waived.

14 The following

Part is added:

Part 14 – Nis g a'a Final Agreement Implementation

Definitions

176 In this Part:

"base level allowable annual cut" means the

allowable annual cut that is prescribed for the purposes of this section;

"exempt licence" means a licence described in

section 177 (3);

"licence" means a forest licence or timber sale

licence;

"Nis g a'a Final Agreement" has the same meaning

as in the Nis g a'a Final Agreement Act .

Allowable annual cut reductions resulting from the Nis g a'a

Final Agreement

(1) The chief forester, by written order, may reduce

the allowable annual cut of

(

a) a timber supply area, or

(

b) a tree farm licence area,

if the size of the area is reduced as a result of the Nis g a'a

Final Agreement.

(2) If the chief forester reduces the allowable annual cut of a

timber supply area under subsection (1) (a), the minister, by written order, may do either

or both of the following:

(

a) proportionately reduce, by the method set out in subsection

(4), the allowable annual cut authorized in all of the licences that are not exempt

licences in the timber supply area;

(

b) with the consent of the licensee, reduce the allowable annual

cut authorized or deemed to be authorized in a licence if any portion of the licence

ceases to be valid under the Nis g a'a Final Agreement.

(3) An exempt licence is a licence that

(

a) specifies an allowable annual cut that is less than the base

level allowable annual cut, or

(

b) is for a term that is less than the prescribed term.

(4) A reduction in allowable annual cut imposed under subsection

(2) (

a) in a timber supply area must be apportioned among all the licences in that area,

except exempt licences, in accordance with the following method:

(

a) first, calculate a reduction in allowable annual cut for each

licence by distributing the part of the reduction under subsection (1) (

a) that the

minister may assign to the licences proportionately among them according to the relative

sizes of the allowable annual cut specified in each licence;

(

b) second, calculate for each licence the annual volume of

timber, if any, by which the calculations under this subsection reduce the allowable

annual cut for that licence to less than the base level allowable annual cut;

(

c) third, calculate the aggregate of the annual volumes of timber

calculated under paragraph (b);

(

d) fourth, for each licence for which the calculation under

paragraph (

b) does not reduce the allowable annual cut to less than the base level

allowable annual cut, calculate a further reduction in allowable annual cut by

distributing the amount determined under paragraph (

c) proportionately among those

licences according to the relative sizes of the allowable annual cut specified in each of

them;

(

e) fifth, repeat the calculations under paragraphs (

b) to (

d) until the end result of all the calculations is that the allowable annual cut for any of

the licences is not reduced to a level that is less than the base level allowable annual

cut.

(5) The minister or the chief forester, as the case may be, must

serve a copy of an order made under this

section on the holder of an agreement listed in

section 12 to which the order relates, but the order is not invalid only because it is not

served.

(6) A reduction in an allowable annual cut under subsection

(2) does not constitute a determination of an allowable annual cut for the purposes of the

time limits set out in

section 8 (1) and (2).

(7) Section 8 (8) does not apply to a reduction of an allowable

annual cut under this section.

Award of licences

(1) In this section, "contractor" and "subcontractor"

have the same meaning as in

section 152.

(2) If, as a result of the Nis g a'a Final Agreement, the

holder of an agreement or a contractor or subcontractor loses the right to harvest Crown

timber, the regional manager may enter into a forest licence, or the district manager may

enter into a timber sale licence, with the agreement holder, contractor or subcontractor

without advertising or accepting applications from other persons.

(3) The volume of timber authorized by the forest licence or

timber sale licence referred to in subsection (2) must not exceed the volume of timber

that would compensate the agreement holder, contractor or subcontractor for the loss of

the right to harvest timber as result of the Nis g a'a Final Agreement.

Repeal

Section 177 and the

definitions of "base level

allowable annual cut", "exempt licence" and "licence" in

section

176 are repealed 2 years after

section 177 comes into force.

Forest Practices Code of British Columbia Act

Section 1 (1) of the Forest Practices Code of British Columbia Act, R.S.B.C.

1996, c. 159, is amended by adding the following

definitions:

"maintain", in relation to a road, means to carry

out any activity related to the repair of, or physical change to, the road, but not its

deactivation, and includes any modification related to the repair of the road;

"modify", when used in relation to the repair of

a road or to a physical change to a road, means to carry out any of the following

activities:

(

a) replacing or adding a stream culvert;

(

b) replacing or adding a bridge, or providing structural repairs

to a bridge or major culvert;

(

c) relocating an existing road;

(

d) re-establishing road subgrade stability;

(

e) re-establishing cut slope stability by re-sloping, buttressing

or erecting a retaining structure along the cut slope; .

Section 36 (1) is amended by striking out everything after "cannot

be met" .

Section 54 is amended

(

a) by repealing subsections (1) to (3) and substituting the following:

(1) A person must not use a road on Crown land for

(

a) timber harvesting, including the transportation of the timber

or associated machinery, material or personnel, or

(

b) forest practices related to timber harvesting,

unless one of the following requirements is met:

(

c) the person is authorized to do so under a Christmas tree

permit, road permit, special use permit, cutting permit or timber sale licence that does

not provide for cutting permits;

(

d) the road is a forest service road, and the person is

authorized to use it by a road use permit;

(

e) the road is one for which another person has a road permit,

special use permit, cutting permit or timber sale licence that does not provide for

cutting permits, and the person is authorized to use it by a road use permit.

(2) A person who is developing natural resources other than timber

must not use a road on Crown land for the development of the natural resources, including

the transportation of the natural resources or associated machinery, material or

personnel, unless one of the following requirements is met:

(

a) the road is located inside the boundary of a claim, lease,

permit or other authorization granted or issued under the Coal Act , the Geothermal

Resources Act , the Mineral Tenure Act , the Mines Act , the Mining

Right of Way Act or the Petroleum and Natural Gas Act , and the road was built under

the authority of one of those Acts;

(

b) the road is located outside the boundary of a claim, lease,

permit or other authorization granted or issued under

an Act referred to in paragraph (a),

and the person is authorized to use it by a special use permit;

(

c) the road is a forest service road, and the person is

authorized to use it by a road use permit;

(

d) the road is one for which another person has a road permit,

special use permit, cutting permit or timber sale licence that does not provide for

cutting permits, and the person is authorized to use it by a road use permit. , and

(

b) in subsection (6) by striking out "on Crown land for timber

harvesting and related forest practices" and substituting "in

accordance with subsection (1) or (2)" .

Section 55 (1) is amended by striking out "non-industrial

purposes" and substituting "purposes other than those referred to

section 54 (1) and (2)" .

Section 56 is amended

(

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

(1) The holder of a road permit or road use permit for a road must

not require payment from a person who uses the road for purposes other than those referred

to in

section 54 (1) and (2). ,

(

b) in subsections (2) and (3) by adding "or road use permit"

after "holder of a road permit" , and

(

c) in subsection (4) by adding "or road use permit" after

"holder of the road permit" .

Section 57 (1) is repealed and the following substituted:

(1) Except as set out in subsection (2), a person may use a forest

service road without charge for purposes other than those referred to in

section 54 (1)

and (2).

Section 59 (2) is amended by striking out "the regional manager

or district manager must assess the condition of the road and" and substituting

"the government must" .

Section 63 (6) is amended by striking out "the district manager

must" and substituting "the government must" .

Section 64 is amended

(

a) in subsection (8) by striking out "The district manager

must" and substituting "The government must" , and

(

b) by repealing subsection (9) and substituting the following:

(9) The district manager must prepare or approve a road

deactivation prescription before the government carries out a temporary deactivation of a

road if the district manager is satisfied that a prescription is necessary to adequately

manage and conserve the forest resources of British Columbia.

Section 67 (1) is amended by adding "and" at the end

of paragraph (

d) and by repealing paragraphs (

e) and (

f) and substituting the following:

(

e) any operational plan.

Section 73 is amended by striking out "The district manager

must" and substituting "The government must" .

Section 78 is amended

(

a) in subsection (1) (

b) by adding "including an area exempted

under

section 76 (4)," after "making use of an open fire in an

area," , and

(

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

(2) An order made under this

section may be different for

different

(

a) types, categories or subcategories of open fires, or

(

b) persons, places or things.

Section 93 (4) (

a) is amended by striking out "78 (b),"

and substituting "78 (1) (b)," .

Section 108 is amended by striking out everything before paragraph (

a) and

substituting "For any purpose related to the administration and enforcement

of the Acts, an official or peace officer may require a person operating a vehicle or

vessel to stop the vehicle or vessel, and may carry out an inspection of a vehicle or

vessel, if the official has reasonable grounds to believe that the vehicle or vessel" .

Section 109 is amended by striking out everything before paragraph (

a) and

substituting "An official or peace officer may require a person operating a

vehicle or vessel to stop the vehicle or vessel, and may carry out an inspection of a

vehicle or vessel, if the official or peace officer has reasonable grounds to believe that

the person is contravening or has contravened" .

Section 125.1 is amended

(

a) by repealing the definition of "ministries" , as enacted by

section 112 of the Forests Statutes Amendment Act, 1997, S.B.C. 1997, c. 48, and

substituting the following:

"ministries" means ministries as defined by

regulation; , and

(

b) by repealing the definition of "review official" and

substituting the following:

"review official" means

(

a) for a review other than a review referred to in paragraph (b),

a person employed in any of the ministries who is designated by name or title to be a

review official by the deputy minister of that ministry, or

(

b) for a review requested under

section 128 (3) or (4), a person

employed in the Ministry of Forests who is designated by name or title to be a review

official by the deputy minister of the Ministry of Forests.

Section 128 is repealed and the following substituted:

Forest Practices Board may have determination reviewed

(1) The board may request a review of

(

a) a determination made under

section 82, 95 (2) or 117 to 120,

(

b) a failure to make a determination under

section 82, 95 (2) or

117 to 120, and

(

c) if the regulations provide and in accordance with the

regulations, a determination under Division 5 of

Part 3 with respect to approval of a

forest development plan, range use plan or amendment to either of those plans.

(2) To obtain a review of a determination under subsection (1)

(a), the board must deliver a request for review to the review official specified in the

notice of determination, and to the person who is the subject of the determination, not

later than 3 weeks after the date the notice was given to the person who is the subject of

the determination.

(3) To obtain a review of a failure to make a determination under

subsection (1) (b), the board must deliver a request for review to the review official

referred to in paragraph (

b) of the definition of "review official" in

section

125.1, and to the person who would be subject to the determination, not later than 6

months after the occurrence of the event that would have been the subject of the

determination.

(4) To obtain a review of a determination under subsection (1)

(c), the board must deliver a request for review to the review official referred to in

paragraph (

b) of the definition of "review official" in

section 125.1, and to

the person who is the subject of the determination, not later than the prescribed period

after the approval of the plan or amendment was given to the person who is the subject of

the determination.

(5) The board must ensure that the request for review complies

with the content requirements of the regulations.

(6) A time limit referred to in subsection (2) or (4) may be

extended, before or after its expiry, by

(

a) the regional manager, for the time limit in subsection (2),

and

(

b) the deputy minister of the Ministry of Forests, for the time

limit in subsection (4).

(7) If the board does not deliver the request for review within

the time specified, the board loses the right to a review.

Section 143 is amended

(

a) in subsection (2) by striking out "78 (2)," , and

(

b) in subsection (3) by striking out "54 (1), (2), (3) or

(6)," and substituting "54 (1), (2) or (6)," .

33 The following

section is added:

Panels of the Board

190.1

(1) The board may organize itself into panels, each

comprised of one or more members.

(2) The members of the board may sit as a board or as a panel of

the board, and 2 or more panels may sit at the same time.

(3) A panel of the board has the jurisdiction of the board and may

exercise and perform the powers and duties of the board.

(4) A report, recommendation or action of a panel of the board is

a report, recommendation or action of the board.

Section 197 (1) is amended by repealing paragraphs (

a) to (

c) and substituting

the following:

(

a) hear appeals under Division 4 of

Part 6 and under

the Forest Act and the Range Act ,

(

b) provide

(

i) the ministers with an annual evaluation of the manner in which

reviews and appeals under this Act and the regulations are functioning and identify

problems that may have arisen under their provisions, and

(ii) the Minister of Forests with an annual evaluation of the

manner in which reviews and appeals under the Forest Act and the Range Act

and the regulations relating to those reviews and appeals are functioning and identify

problems that may have arisen under their provisions, and

(

c) annually, and at other times it considers appropriate, make

recommendations

(

i) to the ministers concerning the need for amendments to this

Act and the regulations respecting reviews and appeals,

(ii) to the Minister of Forests concerning the need for amendments

to the Forest Act and the Range Act and related regulations respecting

reviews and appeals under those Acts, and .

Section 208 (2) is amended by adding the following paragraph:

(

g) the retention of an operational plan, road layout and design,

road deactivation prescription, assessment, survey, report or any record required to be

prepared under the Act or the regulations.

36 The following

Part is added:

Part 10.1 – Pilot Projects to Improve the Regulatory Framework for

Forest Practices

Pilot projects

221.1

(1) The Lieutenant Governor in Council may make

regulations respecting pilot projects to experiment with ways to improve the regulatory

framework for forest practices.

(2) Without limiting subsection (1), the Lieutenant Governor

in Council, for the purposes of a pilot project, may order by regulation that

provisions pertaining to specified subject matter, or specified provisions,

of this Act, the regulations made under this Act, the Forest Act , the

regulations made under that Act, the Range Act or the regulations made

under that Act do not apply

(

a) in relation to the small business forest enterprise program,

to a district manager or the government, or

(

b) to the holder of an agreement under the Forest Act or

the Range Act .

(3) The Lieutenant Governor in Council may make a regulation under

this section, including a regulation made under a regulation making power referred to in

subsection (8), only if satisfied that the regulation is for the purposes of a pilot

project and

(

a) the district manager, or if the holder of an agreement under

the Forest Act or the Range Act proposes the pilot project, the holder of

the agreement,

(

i) has subjected the proposed pilot project to public review and

comment, and

(ii) has submitted to the ministers a

summary of the comments

received and any actions taken or proposed to address issues raised in the comments,

(

b) the Lieutenant Governor in Council considers that the proposed

pilot project

(

i) will provide at least the equivalent protection for forest

resources and resource features as that provided by this Act and the regulations made

under this Act,

(ii) will be consistent with the

preamble to this Act, and

(iii) will provide for adequate management and conservation of

forest resources,

(

c) the regulations adequately provide for public review and

comment respecting forest practices to be carried out under the proposed pilot project,

(

d) the regulations adequately provide for monitoring and for

evaluation criteria of the proposed pilot project,

(

e) the role of the board as set out in

section 128 and

Part 8 is

maintained with respect to the proposed pilot project, and

(

f) under the regulations, there is public access to the

following, except in circumstances in which the Lieutenant Governor in Council considers

that such public access would jeopardize cultural heritage resources:

(

i) planning documents and assessments used in the proposed pilot

project;

(ii) records that the regulations require to be prepared for the

proposed pilot project.

(4) All pilot projects, in a forest region, must not account for

more than

(a) 10% of the total of all allowable annual cuts in effect in the

forest region on the coming into force of this section, and

(b) 10% of the total of all animal unit months in effect in the

forest region on the coming into force of this section.

(5) A pilot project may be established only in an area that is

subject to a higher level plan, or an area subject to a regulation made under subsection

(7) (

f) for balancing competing values and interests.

(6) For a pilot project, the ministers may establish a committee,

to be known as a local public advisory committee, to do the following in accordance with

the ministers' directions:

(

a) to review comments made by the public under subsection (3) (a)

(i);

(

b) to review the

summary of the comments and actions taken or

proposed under subsection (3) (a) (ii);

(

c) to report to the ministers as to the public acceptability of

the proposed pilot project.

(7) Without limiting subsection (1), the Lieutenant Governor in

Council, for the purposes of a pilot project, may make regulations respecting the

following:

(

a) conditions, including providing that all or part of a

regulation made under subsection (2) is subject to a condition and requiring that a person

to whom the regulation applies comply with the condition;

(

b) the suspension or cancellation of a pilot project;

(

c) the regulation or prohibition of forest practices;

(

d) the protection of forest resources and of resource features;

(

e) compliance and enforcement;

(

f) the balancing of competing values and interests for the

purposes of subsection (5);

(

g) planning;

(

h) monitoring and evaluation of pilot projects;

(

i) public review and comment related to pilot projects;

(

j) public access to

(

i) planning documents and assessments used in the pilot project,

and

(ii) records that the regulations require to be prepared for the

pilot project.

(8) Without limiting subsection (1), the Lieutenant Governor in

Council may exercise all the regulation making powers in this Act, the Forest Act

and the Range Act for the purposes of a pilot project, and may make regulations

that are contrary to a provision of those Acts if that provision is inapplicable because

of a regulation made under subsection (2).

(9) A regulation under subsection (7) (

f) may be made only with

the consent of the ministers.

(10) A regulation under this Part with respect to a pilot project

does not apply to a holder of an agreement under the Forest Act or the Range Act

until the holder has consented to take

part in the pilot project.

(11) If a regulation under subsection (2) provides that, for the

purposes of a pilot project, a provision of

an Act does not apply to a district manager or

to the holder of an agreement under the Forest Act or the Range Act, the

provision is also inapplicable, for the purposes of the pilot project, to their

(

a) employees or agents, or

(

b) contractors, as defined in

section 152 of the Forest

Act .

Annual reports

221.2 In accordance with the regulations

(

a) the holder of an agreement under the Forest Act or the Range

Act who is the subject of a pilot project must report annually to the ministers on the

pilot project,

(

b) the district manager must report annually to the ministers on

any pilot project in the district manager's district that is not referred to in paragraph

(a), and

(

c) the ministers must make the reports publicly available.

Penalty revenue to be paid in accordance with

section 117.2

221.3 All revenue payable from penalties imposed under this

Part must be paid in accordance with

section 117.2.

Forests Statutes Amendment Act, 1997

Section 145 (

c) of the Forests Statutes Amendment Act, 1997, S.B.C. 1997, c.

48, is repealed and the following substituted:

(

c) by striking out "47 (1), 50, 52 (2), 54 (1), (2) or (6), 60 (1),

72 (2), 74" and substituting "47 (1), 48.1 (6), 50, 52 (2), 54

(1), (2) or (6), 60 (1), 71.1 (7), 72 (2) or (2.1), 74" .

Section 156 is amended

(

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

(1) Except as set out in this section, the following sections of

this Act apply to reviews and appeals of orders, determinations and decisions under the Forest

Act , the Forest Practices Code of British Columbia Act and the Range Act:

(

a) sections 27, 29 to 39, 40 (

b) and (

c) and 44 (

a) and (n);

(

b) that part of

section 112 that enacts the definition

of "review official" in

section 125.1 of the Forest Practices Code of British

Columbia Act ;

(

c) that part of

section 114 (

a) that repeals and substitutes

section 127 (2) of the Forest Practices Code of British Columbia Act ;

(

d) sections 114 (

b) and (c), 115 (

b) to (e), 116 to 119, 125, 129

and 152 (

d) and (e). ,

(

b) in subsections (4) and (5) by striking out "section 112"

and substituting "section 116" , and

(

c) in subsection (5) by adding "in" before "section

129 (5)" .

Commencement

(1) The following come into force by regulation of the

Lieutenant Governor in Council:

(

a) that part of

section 1 that enacts

section 21 (8)

and (9) of the Forest Act ;

(

b) sections 7 to 11 and 13 to 15, 30 (

b) and 31.

(2) Section 38 is deemed to have come into force on April 15, 1999

and is retroactive to the extent necessary to give it effect on and after that date.

Explanatory Notes

Forest Act

SECTION 1: [Forest Act, repeals and replaces

section 21 (4) to (6) and adds

subsections (7) to (9)]

allows applications for timber sale licences to be approved subject to conditions,

and specifies what happens if the conditions are not complied with;

requires the approval of an applicant before the ministry approves an amended

version of the applicant's application;

allows the minister to establish policies and procedures to guide decision

making under

section 21 (1) to (4) of the Act.

SECTION 2: [Forest Act, adds

section 48 (1) (

g) and (3)] enables the

district manager or forest officer to issue a free use permit to allow a person to harvest

Crown timber for traditional and cultural purposes, and establishes application

requirements for these types of free use permits.

SECTION 3: [Forest Act, amends

section 49] ensures consistency of

language in the Act, and otherwise specifies that a free use permit for traditional and

cultural purposes may be for a volume greater than 50 m 3 , but not exceeding 250

m 3 , if the increased volume is needed to carry out the traditional and cultural

activity.

SECTION 4: [Forest Act, re-enacts

section 52] adds to the provision

enabling ministry officials to authorize government employees and agents to harvest timber

clarifying that agents must act in accordance with the terms of their agency;

specifying actions under the authorization that are to be considered forest

practices under the Forest Practices Code of British Columbia Act;

with the Forest Act and the Forest Practices Code of British Columbia

Act;

allowing the authorization to be considered a timber sale licence for the

purposes of the Forest Practices Code of British Columbia Act.

SECTION 5: [Forest Act, amends

section 63 (2)] makes this subsection

subject to the new

section 63.1 enacted by this Bill.

SECTION 6: [Forest Act, enacts

section 63.1] enables

section 63, which

provides a means to reduce the allowable annual cut of licences in a timber supply area,

to apply in cases where the increase to individual licence allowable annual cuts under

section 59.1 is not reflected in the chief forester's allowable annual cut determination

for the timber supply area the licences belong to.

SECTION 7: [Forest Act, amends

section 81]

expands the circumstances for the refusal to issue a cutting permit under

an agreement to infractions of

Part 5 or 6 of the Forest Act and specified

provisions of the Criminal Code , and clarifies that infractions must

occur after the agreement, the cutting permit is in respect of, has been entered

into;

expands the circumstances for the rejection of an application to contraventions

of specified provisions of the Forest Act, the Forest Practices Code of

British Columbia Act or the Criminal Code, and to the failure to

perform an obligation under an agreement while acting as the contractor or

subcontractor under that agreement.

SECTION 8: [Forest Act, re-enacts

section 82] adds a definition of

"unscaled timber" consequential to the amendments to

section 84 of the Act made

by this Bill.

SECTION 9: [Forest Act, amends

section 84] adds a requirement to mark

unscaled timber that is stored in decks or piles in the prescribed manner, and makes

housekeeping amendments to ensure consistent use of the term "unscaled timber".

SECTION 10: [Forest Act, amends

section 89] makes a housekeeping

amendment to ensure consistent use of the term "unscaled timber".

SECTION 11: [Forest Act, amends

section 97]

(

a) enables scale returns to be delivered to persons approved by

regional and district managers,

(

b) replaces subsection (2) to correct a cross-reference and to

allow penalties for late scale returns to be dealt with by regulation, and

(

c) is consequential to the new subsection (2).

SECTION 12: [Forest Act, amends

section 130] expands the scope

of the

section to include debts incurred under the Range Act , agreements

under the Range Act and to goods and services provided by the ministry.

SECTION 13: [Forest Act, adds

section 151 (2) (n.1)] adds a regulation

making power respecting late scale returns, consequential to amendments made to

section 97

of the Act by this Bill.

SECTION 14: [Forest Act, enacts

Part 14] provides a means to reduce the

allowable annual cut of licences affected by the Nisga'a Final Agreement, enables the

government to award forest licences and timber sale licences to holders of agreements,

contractors and subcontractors affected by the Final Agreement, and provides a sunset

provision for the amendments related to the new

section 177 of the Forest Act.

Forest Practices Code of British Columbia Act

SECTION 15: [Forest Practices Code of British Columbia Act, amends

section 1 (1)] adds

definitions of "maintain" and "modify" to clarify when an

action constitutes a "modification" of a road and therefore requires a road

layout and design under

section 60 of the Forest Practices Code of British Columbia

Act.

SECTION 16: [Forest Practices Code of British Columbia Act, amends

section 36

(1)] broadens the application of

section 36 that sets out what must be done when

the requirements of a silviculture prescription cannot be met.

SECTION 17: [Forest Practices Code of British Columbia Act, amends

section 54] replaces

references to "any other industrial purpose" with more precise language.

SECTION 18: [Forest Practices Code of British Columbia Act, amends

section 55

(1)] replaces references to "non-industrial purpose" with more precise

language.

SECTION 19: [Forest Practices Code of British Columbia Act, amends

section 56]

section 56 (1) of the Forest Practices Code of British Columbia Act , replaces

references to "non-industrial use" with more precise language, and adds a holder

of a road use permit as a class of persons to which subsections (2) to (4) apply.

SECTION 20: [Forest Practices Code of British Columbia Act, repeals and replaces

section 57 (1)] replaces references to "non-industrial purpose" with

more precise language.

SECTION 21: [Forest Practices Code of British Columbia Act, amends

section 59

(2)] places the responsibility on the government instead of the regional manager

or district manager to ensure that a road is maintained or deactivated.

SECTION 22: [Forest Practices Code of British Columbia Act, amends

section 63

(6)] places the responsibility for maintaining forest service roads on the

government instead of the district manager.

SECTION 23: [Forest Practices Code of British Columbia Act, amends

section 64 (8)

and (9)] changes references from the district manager to the government for

carrying out the deactivation of roads.

SECTION 24: [Forest Practices Code of British Columbia Act, amends

section 67

(1)] requires timber harvesting and related forest practices to be carried out in

accordance with any operational plan instead of any silviculture prescription or logging

plan.

SECTION 25: [Forest Practices Code of British Columbia Act, amends

section 73] places

the responsibility for carrying out work under

section 73 on the government instead of the

district manager.

SECTION 26: [Forest Practices Code of British Columbia Act, amends

section 78]

applies

section 78 (that allows designated forest officials to restrict burning) to

campfires and allows a designated forest official who makes an order that restricts

burning to order differently for different kinds of open fires or for different persons,

places or things.

SECTION 27: [Forest Practices Code of British Columbia Act, amends

section 93 (4)

(a)] corrects a cross reference.

SECTION 28: [Forest Practices Code of British Columbia Act, amends

section 108] adds

a reference to "peace officer" and clarifies that the inspection power may be

exercised independently of the discretion to stop a vehicle.

SECTION 29: [Forest Practices Code of British Columbia Act, amends

section 109]

adds a reference to "peace officer" and includes the inspection power.

SECTION 30: [Forest Practices Code of British Columbia Act, amends

section 125.1]

allows "ministries" to be defined by regulation;

in the definition of "review official", clarifies the relationship between

paragraphs (

a) and (b), and changes a reference from

section 128 (2) to

section

128 (3) or (4) in paragraph (b).

SECTION 31: [Forest Practices Code of British Columbia Act, re-enacts

section 128] with respect to the approval of a forest development

plan or range use plan, this amendment

specifies the person to whom the Forest Practices Board makes a request

for a review of the approval,

changes the time limit for requesting a review from 3 weeks to a prescribed

period, and

transfers the authority for extending the time limit from the regional manager

to the deputy minister of the Ministry of Forests.

SECTION 32: [Forest Practices Code of British Columbia Act, amends

section 143

(2) and (3)] makes cross reference changes consequential to the amendments made by

this Bill to sections 54 and 78 of the Forest Practices Code of British Columbia Act.

SECTION 33: [Forest Practices Code of British Columbia Act, enacts

section 190.1]

authorizes the Forest Practices Board to organize itself into panels of one or more

members.

SECTION 34: [Forest Practices Code of British Columbia Act, amends

section 197

(1)] extends the mandate of the Forest Appeals Commission to include appeals under

the Forest Act and the Range Act and requires submission of annual reports

for appeals under these Acts.

SECTION 35: [Forest Practices Code of British Columbia Act, adds

section 208 (2)

(g)] provides a regulation making power to require various records to be kept.

SECTION 36: [Forest Practices Code of British Columbia Act, enacts

Part 10.1]

enables regulations to establish pilot projects that will experiment with

ways to improve the regulatory framework for forest practices;

ensures the pilot projects maintain environmental standards, provide for

public review and comment, allow public access to pilot project records, include

monitoring and evaluation provisions, maintain the role of the Forest Practices

Board and are limited to a percentage of existing operations;

enable the ministers to establish a local public advisory committee to report

to the ministers regarding the public acceptability of a proposed pilot project;

requires pilot project proponents to report on the pilots and for those

reports to be publicly available;

ensures all penalty money collected in respect of pilot projects is paid

into the same special account as penalty money collected from other Forest

Practices Code contraventions.

Forests Statutes Amendment Act, 1997

SECTION 37: [Forests Statutes Amendment Act, 1997, repeals and replaces

section

145 (c)] changes a cross reference, consequential to the amendment made by this

Bill to

section 54 of the Forest Practices Code of British Columbia Act.

SECTION 38: [Forests Statutes Amendment Act, 1997, amends

section 156]

amends the transition provisions that apply to the coming into force of the provisions

governing reviews and appeals under the Forest Act, the Forest Practices Code of

British Columbia Act and the Range Act to correct numbering and to reflect the

manner in which the review and appeal provisions were brought into force.

Copyright © 1999: Queen's Printer, Victoria, British Columbia, Canada