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Volume 54, No. 10

B.C. Reg. 96/2011

The British Columbia Gazette,

Part II

May 31, 2011

B.C. Reg. 96/2011 , deposited May 26, 2011, pursuant to the WILDFIRE ACT [Section 72 (2) (

f) and (g)]. Order in Council 193/2011, approved and ordered May 26, 2011.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that the Wildfire Regulation, B.C. Reg. 38/2005, is amended as set out in the attached Schedule.

— S. THOMSON, Minister of Forests, Lands and Natural Resource Operations ; S. CADIEUX, Presiding Member of the Executive Council .

Schedule

Section 1 (1) of the Wildfire Regulation, B.C. Reg. 38/2005, is amended

(

a) in the definition of " fire suppression system " by striking out " and includes a water delivery system; " and substituting " and may include a water delivery system; ", and

(

b) by adding the following definition:

"qualified holder" means a person, other than the government,

(

a) who is a party to a cost sharing agreement or service agreement, as defined in

section 28 of this regulation, or

(

b) who

(

i) is the holder of an agreement or licence referred to in

section 12 (1) (a), (c), (d), (

e) and (

g) and (2) (

a) of the Forest Act , and

(ii) is not in arrears under the Annual Rent Regulation for the annual rent payable respecting the agreement or licence; .

Section 11 is amended

(

a) in subsections (2) and (3) by striking out " The prescribed intervals, " and substituting " Subject to subsection (3.1) of this section, the prescribed intervals, ", and

(

b) by adding the following subsection:

(3.1) The prescribed intervals, at which a person described in

section 7 (1) of the Act who is a qualified holder must conduct fire hazard assessments, are the intervals

(

a) set out in subsection (2) or (3) of this section, as applicable, or

(

b) specified by a professional forester or a registered forest technologist.

Section 12 is amended

(

a) in subsection (1) by striking out " the persons are aware: " and substituting " the persons are aware or ought reasonably to be aware: ", and

(

b) by adding the following subsection:

(3) This

section does not apply to a person who is a qualified holder.

4 The following

section is added to Division 2 of

Part 2:

Hazard abatement: qualified holders

12.1

(1) In this section, "abatement area" means each area within which the industrial activity or prescribed activity takes place in each consecutive 12 month period that occurs after the date the activity begins.

(2) The following periods are prescribed as the periods in which a person described in

section 7 (2) of the Act who is a qualified holder must abate fire hazards of which the person is aware or ought reasonably to be aware:

(

a) for each abatement area within an area described in

section 11 (2) (

a) of this regulation, a period of 24 months, beginning on the date the industrial activity or prescribed activity begins in the abatement area;

(

b) for each abatement area within an area other than an area described in

section 11 (2) (

a) of this regulation,

(

i) a period of 30 months, beginning on the date the industrial activity or prescribed activity begins in the abatement area, or

(ii) the period specified by a professional forester or registered forest technologist under the Foresters Act .

(3) A person required to abate a fire hazard under

section 7 (2) of the Act who is a qualified holder must reduce the fuel hazard on the site of the industrial activity or prescribed activity

(

a) as necessary to ensure that carrying out the activity

(

i) does not increase the risk of a fire starting on the site, and

(ii) if the fire were to start, would not increase the fire behaviour or fire suppression associated with the fire, or

(

b) as specified by a professional forester or registered forest technologist under the Foresters Act .

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