British Columbia Gazette Part II — B.C. Reg. 350/2002
B.C. Reg. 350/2002
British Columbia — Gazette
Copyright © Queen's Printer,
Victoria, British Columbia, Canada
Licence
Disclaimer
Volume 45, No. 23
B.C. Reg. 350/2002
The British Columbia Gazette,
Part II
December 17, 2002
B.C. Reg. 350/2002, deposited December 13, 2002, pursuant to the FOREST PRACTICES CODE OF BRITISH COLUMBIA ACT [Sections 198, 199, 201, 203, 204,
207, 208, 209, 211.1, 212.1, 213, 214 and 221.1]. Order in Council 1101/2002, approved and ordered December 13, 2002.
On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective December 17, 2002,
(
a) the Administrative Remedies Regulation, B.C. Reg. 182/98, is amended as set out in the attached
Schedule
(
b) the Bark Beetle Regulation, B.C. Reg. 286/2001, is amended as set out in the attached
Schedule
(
c) the Community Forest Agreement Regulation, B.C. Reg. 384/2000, is amended as set out in the attached
Schedule
(
d) the Forest Service Road Use Regulation, B.C. Reg. 173/95, is amended as set out in the attached
Schedule
(
e) the Fort St. John Pilot Project Regulation, B.C. Reg.
278/2001, is amended as set out in the attached
Schedule E,
(
f) the Operational Planning Regulation, B.C. Reg. 107/98, is amended as set out in the attached
Schedule
(
g) the Range Practices Regulation, B.C. Reg. 177/95, is amended as set out in the attached
Schedule
(
h) the Security for Forest Practice Liabilities Regulation, B.C. Reg. 178/95, is amended as set out in the attached
Schedule
(
i) the Stillwater Pilot Project Regulation, B.C. Reg. 96/2001, is amended as set out in the the attached
Schedule
(
j) the Strategic Planning Regulation, B.C. Reg. 180/95, is amended as set out in the attached
Schedule
(
k) the Woodlot Licence Forest Management Regulation, B.C. Reg. 325/98, is amended as set out in the attached
Schedule
K, and
(
l) the 4 month periods referred to in
section 10 (1) (d) (ii) and 12 (b) (ii) of the
Forest Practices Code of British Columbia Act do not apply for the purposes of paragraphs (
a) to (k). — M. de JONG, Minister of Forests; G. CAMPBELL, Presiding Member of the Executive Council.
Schedule A
Section 4 (1) and (2) of the Administrative Remedies Regulation, B.C. Reg. 182/98, is amended by striking out "senior official" and substituting "official".
Section 5 is amended by striking out everything after "the Act" and substituting "for each contravention of each provision in Column 2 opposite the penalty, of the corresponding statute or regulation in Column 1.
3 The
Schedule is repealed and the following substituted:
Schedule
Column 1
Column 2
Column 3
Forest Practices Code of
British Columbia Act
45 (1)
47 (1) or (3.1)
69.1 (3)
70 (3)
100 000
45 (3)
46 (1), (1.1), (3) or
(4) 47 (5) or (6.1)
48 (1)
50 (3)
58 (2)
62 (1)
63 (1), (2) or (3)
64 (1) or (2)
67 (1) or (2) (c)
69.1 (4) (a), (b), (c), (
d) or (e)
70 (4) (a), (b), (c), (d), (e), (
f) or (g)
74 (1)
248 (1) or (2)
250 (1)
50 000
45 (4) or (5)
50 (1)
51 (2) (
a) or (b)
64 (2) or (3)
74 (2) (c)
79 (1) (a)
106 (1)
20 000
27 (1)
35 (1) (a)
36 (2) (b)
52 (2)
54 (1), (2) or (3)
55 (3) (a)
60 (1) (b)
64 (5)
67 (2) (c)
68 (1)
70 (6)
74 (1)
74 (2) (
a) or (b)
79 (1)
97 (1) or (2)
99 (1)
101 (1) (a), (1.2) or (2)
10 000
17 (1)
21.1 (3), (5) or (6)
27 (7)
35 (1) (
b) or (2)
36 (2) (
a) or (4)
42.1 (4)
50 (2)
55 (3)
56 (1) or (2)
60 (1) (
a) or (3)
64 (10)
69.1 (
f) or (g)
70 (4) (
h) or (i)
74 (4)
76 (1)
78 (2)
79 (1) (b)
84 (2) or (4)
85 (2)
87 (1) or (2)
88 (2)
92 (1) (a)
94 (2)
97 (1) or (2)
99 (2), 225(1)
252 (1) (a)
5 000
96 (1) or
(2) The greater of
200 per m 3
of timber
affected or
100 000 per
ha of timber
affected
80 (1), (2), (3) or (4)
1 000 per ha
Bark Beetle Regulation
5 (1) or (3)
7 (2)
100 000
5 (4) (b)
50 000
4 (5)
7 (3) or (4)
20 000
5 (4)(a)
7 (6), (7) or (8)
5 000
Forest Fire Prevention and
Suppression Regulation
34 (1)
36 (2)
20 000
20 (1)
26 (1) (a)
26 (1) (b)
26 (2)
26 (3)
34 (2)
35 (1) or (2)
36 (1)
10 000
4 (1) (
c) or (3)
5 (1) or (2)
9 (1) or (2) (
a) or (b)
9.1
10 (2), (4) or (5)
11 (1)
12 (1), (2) or (3)
13 (1), (2) or (3)
14 (1) or (2)
18 (1) or (2)
20 (2) or (4)
29 (1)
30 (2)
30 (3)
34 (3)
36 (3)
5 000
Forest Road Regulation
8 (1) (
e) or (o) (iii)
13 (2)
15 (1) (f)
100 000
4 (3)
6 (4)
8 (1) (o) (ii)
9 (1) (h) (
i) or (ii)
12 (1)
15 (1) (g)
50 000
4 (1) (
b) or 4 (2)
6 (1) or (3)
8 (1) (a), (b), (c), (d), (f), (g), (h), (j), (k), (
l) or (m)
8 (2) (a)
9 (1) (a), (b), (c), (d), (e), (
f) or (g)
12 (2)
13 (1)
15 (1) (a), (b), (c), (d), (e), (
h) or (i)
20 000
4 (1) (a)
7 (1) or (2)
8 (2) (b)
9 (1) (i)
10 (
a) or (b)
11 (1) (
a) or (
b) or 11 (2)
10 000
8 (1) (i), (
n) or (o) (i)
8 (3)
9 (1) (j), (
k) or (l), or 9 (2)
11 (3)
15 (2) or (3)
5 000
Operational and Site
Planning Regulation
36.1
36.2 (1), (2) or (3)
10 000
Range Practices Regulation
7 (1)
100 000
3 (a), (b), (
c) or (d)
5.2 (1)
7 (3)
50 000
6 (1) or (3)
20 000
4 (1) (
a) or (b)
5 (1)
5.5 (1) or (2)
5.6
7 (4)
7.1
8 (2), (3) or (4)
5 000
Security for Forest Practice
Liabilities Regulation
1 (4)
2 (4)
5 000
Timber Harvesting and
Silviculture Practices
Regulation
3 (1)
4 (6)
43 (2) (b) (iii)
100 000
4 (2), (3), (4), (5) or (6)
5 (2) or (3)
8 (1)
9 (1) or (2)
12 (1) or (2)
14 (1) or (2)
21 (a)
23 (1)
26 (2), (3) or (4)
27 (
a) or (d)
28 (1) or (2)
39 (f)
43 (2) (a), (b) (
i) or (b) (ii)
50 000
6 (1)
8 (3)
11 (1) or (3)
14 (3) or (4)
15 (1) or (2)
16 (1) or (2)
21 (b)
22 (1) or (2)
23 (2) or (3)
24 (1), (2) or (4)
27 (b), (c), (
e) or (f)
39 (a), (
b) or (c)
43 (1)
44 (1) or (3)
20 000
39 (e)
40 (1) or (2)
42 (1)
10 000
7 (1) or (3)
30 (4)
39 (d)
45 (
c) or (d)
46 (3)
48 (1)
5 000
Woodlot Licence Forest
Management Regulation
36 (c)
38 (3)
48 (1) (
e) or (o) (iii)
53 (2)
55 (1) (f)
76 (1)
86 (2) (b) (iii)
100 000
32 (
a) or (b)
37 (2) or (3) (b)
38 (4) (b)
44 (3)
46 (4)
48 (1) (o) (ii)
49 (1) (h) (
i) or (ii)
52 (1)
55 (1) (g)
60 (2), (3), (4), (5) or
(6) 61 (2), (3), (4) or
(5) 62 (2) (a), (3) or (5)
62.1 (1)
62.2 (1) (c)
63 (1)
66 (b) (i)
68 (
b) or (c)
77 (1) or (4)
79 (1)
82 (2) (a), (b), (c), (
d) or (g)
81 (3) or (4)
84 (2)
86 (2) (a), (b) (
i) or (ii)
50 000
34 (1) or (2)
44 (1) (
b) or (2)
46 (1) or (3)
48 (1) (a), (b), (c), (d), (f), (g), (h), (j), (k), (
l) or (m)
48 (2) (a)
49 (1) (a), (b), (c), (d), (e), (
f) or (g)
52 (2)
53 (1)
55 (1) (a), (b), (c), (d), (e), (
h) or (i)
62 (2) (b), (c), (
d) or (e)
62 (6)
62.1 (2) (a), (b), (c), (
d) or (e)
62.2 (1) (
a) or (b)
63 (2)
66 (b) (ii)
68 (d)
72 (
a) or (b)
73 (1) or (2)
84 (1) (
a) or (b)
86 (1)
20 000
36 (
a) or (b)
44 (1) (a)
47 (1) or (2)
48 (2) (b)
49 (1) (i)
50 (
a) or (b)
51 (1) (
a) or (
b) or 51 (2)
80 (1)
82 (2) (f)
84 (1) (d)
10 000
18 (1)
19 (2)
22.02 (1)
24 (1) or (2)
24.2 (6)
48 (1) (i), (
n) or (o) (i)
48 (3)
49 (1) (j), (
k) or (
l) or 49 (2)
51 (3)
55 (2) or (3)
58 (1) or (2)
82 (2) (e)
84 (1) (c)
88 (1) (
a) or (b), (2), (3), (4) or (5) (a), (b), (
c) or (d)
5 000
Schedule B
Section 1 of the Bark Beetle Regulation, B.C. Reg. 286/2001, is amended
(
a) in the definition of "exempted area" by striking out "section 4 (1)" and substituting "section 4 (1) or (1.1)" , and
(
b) in the definition of "exempted person" by striking out "section 4 (1)" and substituting "section 4 (1) or (1.1)" .
Section 4 (1) is repealed and the following substituted:
(1) The district manager
(
a) may exempt a person from the requirement to prepare a site plan under
section 21.1 of the Act for an area in an emergency management unit, if the district manager is satisfied that the criteria in subsection (2) are met, and
(
b) is exempt from the requirement to prepare a site plan under
section 21.1 of the Act for an area in an emergency management unit, if the district manager is satisfied that the criteria under subsection (2) (
b) and (
c) are met.
(1.1) An exemption in effect under subsection (1) as that subsection was immediately before the coming into force of this
section continues in effect on and after that date.
Section 7 is amended
(
a) by repealing subsection (5) and substituting the following:
(5) Sections 38, 41 and 46 of the Timber Harvesting and Silviculture Practices Regulation apply to an exempted person who is required to establish a free growing stand in an opening, as if the opening were an area to be reforested under
section 69.1 or 70 of the Act. , and
(
b) in subsection (8) by striking out "section 4 (1)" and substituting "section 4 (1) or (1.1)".
Schedule C
1 The Community Forest Agreement Regulation, B.C. Reg. 384/2000, is amended by adding the following section:
Exemption from requirement for a road permit or road layout and design
(1) A holder of a community forest agreement is exempt from the requirement of
section 58 (3) of the Act.
(2) A holder of a community forest agreement is exempt from the requirement of
section 60 (1) (
a) of the Act to prepare a road layout and design unless the holder is required under
section 43 (3) of the Woodlot Regulation to prepare, and to obtain the district manager's approval for, the road layout and design.
Schedule D
Section 3 of the Forest Service Road Use Regulation, B.C. Reg. 173/95, is amended by adding the following subsection:
(4) Despite subsections (1) to (3), snowmobiles that operate on the Gold Rush Snowmobile Trail may use ploughed forest service roads, subject to:
(
a) the drivers licence and insurance provisions in this regulation for other motor vehicles,
(
b) the implementation of the safety and risk management plan for the trail, and
(
c) the use of a helmet by the driver and passengers of the snowmobile.
Section 6 (4) is amended by striking out "regional or".
Schedule E
Section 3 of the Fort St. John Pilot Project Regulation, B.C. Reg. 278/2001, is amended
(
a) in subsection (2) by striking out "Subject to subsection (3), for the purposes of the pilot project," and substituting "For the purposes of the pilot project," ,
(
b) by repealing subsection (3), and
(
c) in subsection (4)
(
i) by striking out "The following are the listed enactments referred to in subsections (1) to (3)" and substituting "The following are the listed enactments referred to in subsections (1) and (2)" ,
(ii) in paragraph (
c) by striking out "Operational Planning Regulation" and substituting "Operational and Site Planning Regulation" , and
(iii) by repealing paragraphs (
e) and (
f) and substituting the following:
(
e) the Timber Harvesting and Silviculture Practices Regulation.
Section 6 is amended
(
a) by repealing subsection (3) (
a) and substituting the following:
(
a) the approval of the application is consistent with subsection (4), and , and
(
b) by adding the following subsection:
(4) The pilot project is exempt from the requirements of
section 221.1 (4) (
a) of the Act on the condition that the pilot project not account for more than 12% of the total of all allowable cuts in effect in the Prince George forest region on July 15, 1999.
Section 98 (1) of
Schedule F — Reforestation is amended by repealing Table A and substituting the following:
TABLE A
Type of Area
Type of Site
Min. No. of Trees per ha
Minimum Height (
m) Coniferous
Xeric-Subxeric
ESSF/SWB Pl 1.2 Other .6;
BWBS Pl 2.0 Other 1.0
Coniferous
Submesic-Mesic
ESSF/SWB Pl 1.6 Other .8
BWBS Pl 2.0 Other 1.0
Coniferous
Subhygric
ESSF/SWB Pl 1.6 Other .8
BWBS Pl 2.0 Other 1.0
Coniferous
Hygric-Subhydric
ESSF/SWB Pl 1.2 Other 0.6
BWBS Pl 1.4 Other 0.8
Deciduous
All Sites
4 000 (with a maximum
component of 15% of birch
and cottonwood)
All Species 1.5
Schedule G is amended in Column 1 by striking "28 (1) (a), (b), (c), (
d) or (f)" and substituting "28 (1) (a), (b), (c), (d), (
f) or (g)" .
Schedule F
1 The title of the Operational Planning Regulation, B.C. Reg. 107/98, is amended by adding "and SITE" after "OPERATIONAL".
Section 1 is amended
(
a) by repealing the definition of "adjacent" and replacing it with the following:
"adjacent" means an area contiguous to, or in close proximity to,
(
a) a road or proposed road, or
(
b) a cutblock
that due to its location could directly impact on, or be impacted by, a forest practice carried out within the area of the road or cutblock; ,
(
b) by adding the following definition:
"applicable performance standard" has the same meaning as in the Timber Harvesting and Silviculture Practices Regulation; ,
(
c) by repealing the definition of "community watershed" ,
(
d) in paragraph (
b) of the definition of "known" by striking out "or designated environment official" ,
(
e) in the definition of "person" by adding the following:
(b.1)
Part 4.1, a person who is required to prepare a site plan under
section 21.1 of the Act; ,
(
f) in the definition of "person", in paragraph (c), by striking out "or 23" ,
(
g) by repealing the definition of "preferred and acceptable" and substituting the following:
"preferred and acceptable" means for an area under
(
a) a forest development plan, if the holder has incorporated information under
section 18.1 or 18.2, or
(
b) a silviculture prescription,
a species of tree that the district manager has determined will adequately manage and conserve the forest resources on the area; ,
(
h) in the definition of "qualified registered professional", in paragraph (b), by striking out "or licensees" ,
(
i) by adding the following
definitions:
"earliest free growing assessment date" means the earliest date that a person who is required to establish a free growing stand on an area may declare the requirement met, as measured from the "commencement date" as defined in
section 69.1 (1) of the Act;
"site plan" means a site plan required under
section 21.1 of the Act unless the context indicates otherwise;
"standards unit" means an area that
(
a) is under a silviculture prescription or a site plan , and
(
b) is subject to the same
(
i) regeneration date, free growing date and stocking requirements, or
(ii) soil disturbance limits;
"stocking requirements" means
(
a) for an area under a site plan, the attributes specified in
section 18.1 for a free growing stand required under
section 69.1 of the Act, and
(
b) for an area under a silviculture prescription, the attributes specified in
section 39 for a free growing stand required under
section 70 of the Act; ,
(
j) by repealing the definition of "ungulate winter range" and substituting the following:
"ungulate winter range" means an area that is identified as being necessary for the winter survival of an ungulate species by any of the following:
(
a) a higher level plan;
(
b) the Deputy Minister of Water, Land and Air Protection under
section 69;
(
c) a wildlife management plan or strategy approved before October 15, 1998
(
i) by
(
A) the district manager or regional manager, and
(
B) the designated environment official,
(ii) by the chief forester, or
(iii) by the ministers authorized to approve such plans,
but a wildlife management plan or strategy approved under this paragraph expires on October 15, 2003, unless
(iv) modified under paragraphs (
a) or (b), or
(
v) confirmed before that date under
section 69; ,
(
k) in the definition of "wildlife habitat feature" by repealing paragraph (
c) and substituting the following:
(
c) any other localized feature identified by a designated environment official; , and
(
l) by repealing the definition of "wildlife tree" and substituting the following:
"wildlife tree" means a tree or group of trees that are to be reserved or retained to provide wildlife habitat.
Section 1 (2) is amended in the definition of "compacted area" by repealing paragraph (
b) and substituting the following:
(
b) has a moderate, high or very high soil compaction hazard or, except on areas harvested using cable or aerial systems, an assessment of its soil compaction hazard has not been done, .
Section 1 (3) is amended
(
a) by repealing the definition of "dispersed trail" and substituting the following:
"dispersed trail" means an area that is not a compacted area but that, due to equipment traffic on the soil, has the following attributes:
(
a) impressions or ruts in the soil that are at least
(i) 30 cm wide, 2 m long and a minimum of 15 cm deep where depth is measured from the surface of the undisturbed forest floor to the deepest point in the cross-section over the entire length of 2 m, or
(ii) if the area has a high or very high soil compaction hazard or, except on areas harvested using cable or aerial systems, the assessment of the soil compaction hazard has not been done, 30 cm wide, 2 m long and a minimum of 5 cm deep where depth is measured from the surface of the undisturbed mineral soil to the deepest point in the cross-section over the entire length of 2 m;
(
b) on an area of soil, at least 1 m x 2 m, that
(
i) either
(
A) has a moderate, high or very high soil compaction hazard, or
(
B) except on areas harvested using cable or aerial systems, has not been subject to a soil compaction hazard assessment, and
(ii) has one or more of the following:
(
A) altered soil structure or increased density relative to the surrounding undisturbed soil;
(
B) soil puddling;
(
C) compacted deposits of forest floor, fine slash, and woody debris overlying or crushed into the mineral soil; , and
(
b) in the definition of "scalp" by repealing paragraph (b) (iv) and substituting the following:
(iv) was not harvested using cable or aerial systems and has not been assessed for hazards relating to soil compaction, soil erosion or soil displacement; .
Section 1.1 is amended by striking out " Forest Practices Code of British Columbia Act " and substituting "Act".
6 Sections 3 and 4 are repealed.
7 Sections 5 and 6 are amended by adding "or site plan" after "operational plan".
8 The following sections are added:
Minor amendments to operational plans
7.1 For the purposes of
section 42.1 (1) (
b) of the Act, a proposed amendment to an operational plan meets the prescribed requirements if the proposed amendment will not increase the adverse impact on forest resources and is limited to one or more of the following:
(
a) deletions of previously approved cutblocks or roads, or portions of the cutblocks or roads, provided that
(
i) the amendment does not deleteriously impact the forest health of the area, and
(ii) the cutblock or road is not subject to a cutting permit;
(
b) minor mapping changes in cutblock or road location resulting from a traverse, using a Global Positioning Satellite system, having more accurately ascertained the geographic location of the cutblock or road;
(
c) changes in the area of a harvested cutblock as a result of a traverse using a Global Positioning Satellite system;
(
d) changes in the year or season of harvest or road building, providing that the timing is not critical to the management of non-timber forest resources;
(
e) changes in the harvesting
schedule from the current proposed year of harvest to another year, provided the cutblock is under a cutting permit;
(
f) changes in the amount of road construction, including temporary roads, provided that the construction of the proposed road would not result in any of the following:
(
i) a road exceeding 300 m in length;
(ii) a road in a riparian management area;
(iii) a road in an area with greater than 60% side slope;
(iv) the operational plan exceeding the maximum limits referred to in
section 47 of the Act for the proportion of the cutblock that may be occupied by soil disturbance;
(
g) changes to the locations of roads or cutblocks that are consistent with the approximate location shown in the forest development plan;
(
h) changes that increase cutblock size by a maximum of 1 hectare, provided that the additional area is outside
(
i) riparian management zones,
(ii) known forest ecosystem networks,
(iii) wildlife tree patches,
(iv) known old growth management areas, and
(
v) known ungulate winter ranges;
(
i) changes in the silvicultural system from a clearcut system to a partial cut system, provided that the changes do not require an increase in the maximum limits referred to in
section 47 of the Act for the proportion of the cutblock that may be occupied by soil disturbance;
(
j) changes to harvesting systems from ground to aerial or cable provided that the changes do not require an increase in the maximum limits referred to in
section 47 of the Act for the proportion of the cutblock that may be occupied by soil disturbance;
(
k) changes in proposed roads, provided that the changes
(
i) maintain the general pattern and intent of proposed road development access,
(ii) are to roads within approved cutblocks,
(iii) are to roads outside of a community watershed, or
(iv) are to roads that are outside areas with greater than 60% side slopes, unstable terrain or high likelihood of landslides;
(
l) changes that increase the net area to be reforested provided that the increase does not exceed the size constraints referred to in
section 11.
District manager actions if amendments wrongly made
7.2
(1) The district manager may take the action specified in this section, if
(
a) the holder of a forest development plan or silviculture prescription has made an amendment to the plan or prescription under
section 42.1 (1) of the Act without the approval of the district manager, and
(
b) the district manager considers that the determination by the holder that the amendment met the requirements of that
section was wrongly made.
(2) The district manager, in a written notice to the holder who made the amendment referred to in subsection (1), may order the holder to suspend any operations on the area that are subject to the amendment to the extent that the operations are materially affected by the amendment.
(3) An order under subsection (2) remains in effect until the earlier of
(
a) the approval of the amendment under
section 41 of the Act, and
(
b) the district manager rescinding the order.
(4) An amendment made under
section 42.1 of the Act that is subject to an order under subsection (2) is without effect.
Circumstances where minor amendments may not be made without approval
7.3 A holder of a forest development plan or silviculture prescription may not make an amendment to the plan or prescription under
section 42.1 (1) of the Act if
(
a) the holder has been subject to an order under
section 7.2 (2) and the order remains in effect under
section 7.2 (3),
(
b) for areas under a site plan, the amendment to the forest development plan is with respect to
(
i) the requirements of sections 18.1 (2) or 18.2, or
(ii) matters referred to in
section 69.1 (4) (
c) and (
d) of the Act,
(
c) for areas under a silviculture prescription, the amendment is with respect to the regeneration date, the free growing assessment period, the stocking requirements or matters referred to in
section 70 (4) (
d) and (
e) of the Act,
(
d) the amendment affects the limits for the amount of permanent access structures and soil disturbance permitted under sections 46 and 47 of the Act, or
(
e) the amendment affects the retention of wildlife trees.
Prescribed forest resources
17.1 For the purposes of
section 10 (1) (c) (ii) of the Act, the prescribed forest resources are those forest resources that
(
a) are located in the area under the forest development plan,
(
b) may be adversely impacted by the proposed activity, and
(
c) are made known to the person required to prepare the forest development plan.
Section 18 (1) is repealed and the following substituted:
(1) A person must ensure that a forest development plan includes the following information for the area under the plan:
(
a) forest cover;
(
b) the topography of the area, and the location of those streams, wetlands and lakes that are shown on forest cover maps or fish and fish habitat inventory maps or terrain resource inventory maps;
(
c) for terrain stability
(
i) one of the following:
(
A) areas mapped on terrain stability hazard maps as having a moderate or high likelihood of landslides;
(
B) if no terrain stability hazard mapping has been done, areas identified on reconnaissance terrain stability maps as having unstable or potentially unstable terrain;
(
C) if no terrain stability hazard mapping or reconnaissance terrain stability mapping has been carried out, areas with a slope gradient greater than 60%, and
(ii) any areas identified by the district manager as having unstable or potentially unstable terrain;
(
d) if required by the district manager, the operability line;
(
e) the following known items:
(
i) protected areas;
(ii) designated areas under
Part 13 of the Forest Act;
(iii) wilderness areas;
(iv) sensitive areas established in accordance with the Act;
(
v) wildlife habitat areas, but the location of the wildlife habitat area must not be shown if the designated environment official requires that the location of the wildlife habitat area is not to be included in operational plans, in which case only the name of the identified wildlife protected by the wildlife habitat area must be included;
(vi) forest ecosystem networks;
(vii) old growth management areas;
(viii) scenic areas;
(ix) ungulate winter ranges;
(
x) community watersheds;
(xi) community water supply intakes and related water supply infrastructures;
(xii) fish streams;
(xiii) riparian class of streams, wetlands and lakes;
(xiv) lake class;
(
f) the following public utilities on Crown land:
(
i) transmission lines;
(ii) gas and oil pipelines;
(iii) railways;
(
g) if mapping is required under
section 12, the location of areas within a community watershed that have a high or very high soil erosion potential;
(
h) the approximate location of
(
i) construction of a road, including construction of a bridge or major culvert that is part of the road, if the road is a proposed forest service road or is proposed to be authorized by a road permit, and
(ii) construction of a bridge or major culvert proposed to be authorized by a cutting permit, or timber sale licence that does not provide for cutting permits, and
the year the work is proposed to take place if the timing is critical to the management of non-timber forest resources, and the riparian class of streams, wetlands and lakes that could directly impact on or be impacted by the proposed construction or replacement, if a riparian assessment is required under
section 15;
(
i) the location of a road that has been included on the most recently approved forest development plan, and whether the assessments under
section 5 of the Forest Road Regulation have been completed for the road;
(
j) the forest operations for which road construction or modification is required, for operations other than harvesting;
(
k) for any proposed bridges, whether the bridge will be a permanent bridge, as defined in the Forest Road Regulation;
(
l) with respect to an existing road that both provides access to the area, and is required by the Act to be maintained by the person, the following information:
(
i) its approximate location;
(ii) whether it is intended to be for seasonal use only;
(iii) a description or map of how it links up with a public road system, processing plant or log dump;
(
m) a list or map notation indicating the roads that must be maintained by the person under
(i)
section 63 (1) of the Act, because the person has a road permit for the road,
(ii)
section 63 (5) or (7) of the Act because the district manager requires the person to maintain the road, or
(iii)
section 63 (6) of the Act because the person is the government;
(
n) the following road deactivation operations that have been, or are to be conducted by the person on the area under the plan:
(
i) roads that are deactivated;
(ii) roads that are to be deactivated, and the year the work is proposed to take place, if the timing is critical to the management of non-timber forest resources;
(
o) the known location of roads that are proposed by other persons;
(
p) the known location of temporary or permanent barricades to restrict vehicle access;
(
q) the approximate size, shape and location of cutblocks proposed to achieve category A status if the proposed forest development plan is approved;
(
r) the approximate location of a cutblock that has been included as an approved category A cutblock on the most recently approved forest development plan, and for the cutblock
(
i) whether the assessments under sections 16, 17 and 37 have been completed, and
(ii) whether a cutting permit has been approved;
(
s) the location of cutblocks that have been harvested, but are not yet greened-up and that are adjacent to cutblocks referred to in paragraph (
q) or (r);
(
t) if significant risks to forest resources are recorded or disclosed by the forest health assessment required under
section 13, measures to reduce those risks, that do not, themselves, cause new or significantly increased risks;
(
u) the general objectives respecting the target levels of retention for coarse woody debris and wildlife trees;
(
v) the general objectives for riparian management zones, including the range of basal area retention by riparian class;
(
w) the known objectives for known ungulate winter ranges;
(
x) for community watersheds, the known water quality objectives;
(
y) a statement
(
i) that the forest development plan is consistent with the results and recommendations of a watershed assessment required under
section 14, or
(ii) if the forest development plan is inconsistent with the results and recommendations of the watershed assessment, that explains the reason for the inconsistency and the reason the person believes it should be approved in spite of the inconsistency.
10 The following sections are added:
Stocking requirements for areas under a site plan
18.1
(1) In this section, "stocking requirements" means
(
a) for areas that will be managed as even-aged stands, all of the following:
(
i) the preferred and acceptable species of trees;
(ii) the minimum allowable horizontal distance between trees of the preferred and acceptable species required for the trees to be considered to be well spaced;
(iii) the target number of healthy, well spaced trees of the preferred and acceptable species per hectare;
(iv) the minimum number of healthy, well spaced trees of the preferred and acceptable species required per hectare;
(
v) the minimum number of healthy, well spaced trees of the preferred species required per hectare;
(vi) the maximum number of coniferous trees allowed per hectare in a free growing stand;
(vii) the maximum and minimum number of healthy, coniferous trees allowed per hectare in a free growing stand after a spacing treatment has been carried out;
(viii) the required standards that must be met by a healthy, well spaced tree of a preferred or acceptable species in a free growing stand, including
(
A) the minimum height, and
(
B) the height of the tree relative to competing vegetation within a radius of one metre of the tree trunk;
(ix) other performance standards necessary to produce or measure the achievement of a free growing stand;
(
x) minimum characteristics of any leave trees, including form, health and vigour, and
(
b) for areas that will be managed as uneven-aged stands, all of the following:
(
i) leave tree standards for each layer of trees to be retained;
(ii) preferred and acceptable species to be retained;
(iii) minimum basal area and or minimum density to be retained;
(iv) minimum leave tree characteristics including form, health and vigour;
(
v) applicable regeneration standards, if any;
(vi) other performance standards necessary to produce or measure the achievement of a free growing stand.
(2) Before a holder of an agreement under the Forest Act harvests timber from an area in which
(
a) a site plan is required under
section 21.1 of the Act, and
(
b) the person required to prepare the site plan has not been exempted from that requirement,
the person who is required to prepare the forest development plan for the area must ensure that the forest development plan contains all of the following for the area:
(
c) the stocking requirements;
(
d) the minimum allowable horizontal distance;
(
e) the regeneration date;
(
f) the earliest free growing assessment date;
(
g) the free growing date.
(3) For the purposes of
section 69.1 (4) and (5) of the Act, the prescribed stocking standards are the stocking requirements referred to in subsection (2) (
c) that is approved by the district manager.
(4) For the purposes of the definition of "well spaced trees" in
section 69.1 (1) of the Act, the prescribed minimum allowable horizontal distance is the distance referred to in subsection (2) (
d) that is approved by the district manager.
(5) For the purposes of the definition of "regeneration date" in
section 69.1 (1) of the Act, the prescribed date is the regeneration date referred to in subsection (2) (
e) that is approved by the district manager.
(6) For the purposes of the definition of "free growing date" in
section 69.1 (1) of the Act, the prescribed date is the free growing date referred to in subsection (2) (
g) that is approved by the district manager.
(7) The district manager may only approve
(
a) the stocking requirements referred to in subsection (2) (c),
(
b) the minimum allowable horizontal distance referred to in subsection (2) (d),
(
c) the regeneration date referred to in subsection (2) (e), or
(
d) the free growing date referred to in subsection (2) (
g) if the district manager is satisfied that the information is consistent with
(
e) any higher level plan for the area,
(
f) establishing a healthy, ecologically suitable stand of trees that is commercially valuable, and
(
g) the current and future timber supply for the area.
Post harvest stand structure for areas without regeneration objectives
18.2 Despite
section 18.1, before a holder of an agreement under the
Forest Act harvests timber from an area in which
(
a) a site plan is required under
section 21.1 of the Act,
(
b) the person required to prepare the site plan has not been exempted from that requirement, and
(
c) the proposed harvesting on the area is limited to
(
i) commercial thinning,
(ii) harvesting of poles,
(iii) sanitation treatments, or
(iv) intermediate cuttings, other than referred to in subparagraphs (
i) to (iii), that do not have regeneration objectives
the person who is required to prepare the forest development plan for the area must ensure that the forest development plan contains all of the following for the area:
(
d) the preferred and acceptable species to be retained;
(
e) the minimum basal area or minimum density to be retained;
(
f) the minimum leave tree characteristics including form, health and vigour.
Optional content for a forest development plan
18.3
(1) A person required to prepare a forest development plan or an amendment may include information in respect of the requirements of sections 16, 30, 31 or 32 of the Timber Harvesting and Silviculture Practices Regulation.
(2) If the information referred to in subsection (1) is contained in a forest development plan or amendment that is
(
a) given effect under
section 40 of the Act, or
(
b) approved under
section 41 of the Act,
the information is an applicable performance standard under the Timber Harvesting and Silviculture Practices Regulation.
Review and comment not required for sections 18.1 to 18.3
18.4 Despite any other provision of this regulation, the information referred to in sections 18.1 to 18.3 is not subject to sections 24 to
Section 20 is amended
(
a) by repealing subsection (1) (b) (vi), and
(
b) by repealing subsection (3) and substituting the following:
(3) In addition to the requirements of
section 19 (1) of the Act, if a terrain stability field assessment is required for a cutblock under
section 16 or 17, the holder of an agreement is eligible to apply for a cutting permit only if
(
a) the cutblock
(
i) is included as a category A cutblock, in a forest development plan given effect or approved, and
(ii) is consistent with the assessment's results and recommendations, and
(
b) either
(
i) if the cutblock is
(
A) within a community watershed, it complies with
section 4 (3) (
a) of the Timber Harvesting and Silviculture Practices Regulation, or
(
B) outside a community watershed, it complies with
section 5 (2) (
a) of the Timber Harvesting and Silviculture Practices Regulation, or
(ii) if the requirements of subparagraph (
i) have not been met, the forest development plan contains a statement giving the reason
(
A) the requirements have not been met, and
(
B) the plan should be given effect or approved in spite of the failure to meet those requirements.
Section 21 (1) (
d) is repealed and the following substituted:
(
d) a wildlife habitat area is established over any area of the proposed forest development plan, and the deputy minister of the Ministry of Water, Land and Air Protection has specified that the cutblock cannot be harvested as planned or the road cannot be located, constructed, modified or deactivated as planned; .
Section 22 (2) (
b) is amended by striking out "sections 4 and 5" and substituting "section 5".
Section 27 (5) is repealed and the following substituted:
(5) Despite subsection (4) (
a) the district manager may,
(
a) by notice in writing given before the expiry of the 60 day period under subsection (4) (
a) to a person required to provide a review under this section, extend the period for review under subsection (4) (
a) and, with respect to the extension, is not required to provide an opportunity to be heard or to give reasons, or
(
b) reduce the period for review under subsection (4) (
a) if the district manager determines that the shorter period would provide adequate opportunity for review by persons interested in or affected by operations under an amendment.
Section 32 is amended
(
a) in paragraph (a) (iv) by striking out "district manager or", and
(
b) by repealing paragraph (b) (
i) and substituting the following:
(
i) mappable reserves, including reserves for the retention of wildlife trees, and .
16 The following
Part is added:
Part 4.1 — Site Plans
Information that must be obtained before a site plan may be prepared
36.1
(1) Subject to subsections (3) and (4), a person preparing a site plan must carry out the following assessments and make available to the district manager, upon request, the following information:
(
a) if the cutblock is in a known scenic area, a visual impact assessment that demonstrates that the timber harvesting operations are consistent with the established visual quality objectives for that area;
(
b) an assessment of a gully in a cutblock located on the Coast, carried out in accordance with the Ministry of Forests publication titled, "Gully Assessment Procedure Guidebook", as amended from time to time, if a person is proposing to carry out timber harvesting in the gully;
(
c) a pest incidence survey, if required by the district manager, to determine the nature and extent of the forest health factors in the cutblock;
(
d) an archaeological impact assessment that meets the requirements of the minister responsible for the
Heritage Conservation Act if the district manager is satisfied that the assessment is necessary to adequately manage and conserve archaeological sites in the area.
(2) Information required by this
section is not part of the site plan.
(3) For a minor salvage operation or an expedited major salvage operation, a visual impact assessment is not required unless requested by the district manager in writing.
(4) For an emergency harvesting operation, no assessments are required.
Content of site plans
36.2
(1) A person must ensure that a site plan referred to in
section 11.1 of the Act, for each cutblock under the plan, identifies
(
a) the total area under the plan,
(
b) the net area to be reforested,
(
c) for each cutblock, the requirements of sections 16, 30 and 32 of the Timber Harvesting and Silviculture Practices Regulation,
(
d) the standards units, and for each standards unit,
(
i) the matters referred to in
section 18.1 or 18.2, and
(ii) the requirements of
section 31 of the Timber Harvesting and Silviculture Practices Regulation,
(
e) the date the site plan was signed by the professional forester referred to in
section 11.1 (1) (
c) of the Act, and
(
f) critical site conditions that affect the timing of operations and how they affect them.
(2) A person must ensure, for the area under a site plan and the area adjacent to that area, that the plan is accompanied by a map that illustrates the following items:
(
a) the approximate size, shape and location of each cutblock;
(
b) mappable reserves, including
(
i) reserves for the retention of wildlife trees, and
(ii) riparian management areas;
(
c) all streams, wetlands, lakes, and
(
i) their riparian class, and
(ii) if they are streams in a community watershed, whether they are fish streams;
(
d) known resource features, other than domestic water supply intakes;
(
e) the approximate location of permanent access structures other than gravel or rock pits;
(
f) areas of rock, wetland or other area that in the area's natural state is not capable of supporting a stand of trees that meets the stocking requirements referred to in
section 18.1;
(
g) areas of non-commercial forest cover that do not require the establishment of a free growing stand;
(
h) reserve areas and forest cover polygons that do not require the establishment of a free growing stand;
(
i) the location of each standards unit within the cutblock.
(3) A site plan must contain a statement that, with respect to an assessment referred to in
section 36.1,
(
a) procedures required by this regulation have been followed for any assessment that is required under
section 36.1, and
(
b) the site plan is consistent with the results or recommendations of any assessment required under
section 36.1.
(4) The material specified in subsection (1) (
c) and (
d) is presented for information purposes only.
Exemptions from site plans
36.3
(1) The district manager may exempt a person referred to in
section 21.1 of the Act from the requirement for a site plan if the district manager determines that the proposed timber harvesting on the area is limited to one or more of the following:
(
a) harvesting timber on land that is, or will be, used for
(
i) harvesting hay or grazing livestock in accordance with an agreement under the
Range Act ,
(ii) an experimental purpose,
(iii) growing Christmas trees, or
(iv) any use that is incompatible with the establishment of a free growing stand;
(
b) activities referred to in
section 28 (1) (
a) of the Act;
(
c) the felling and removal of timber that is damaged or in danger of being significantly reduced in value, lost or destroyed, if the volume does not exceed 500 m3;
(
d) removal of special forest products.
(2) If an area is to be clearcut, the district manager may only exempt a person in respect of activities referred to in subsection (1) (b), (
c) or (
d) if, as a result of the activity, the area, together with any adjoining cutblock that has been clearcut and is subject to an exemption under this section, will result in a contiguous clearcut not exceeding 1 ha.
(3) If an area is to be harvested by a method other than clearcut, the district manager may only exempt a person in respect of activities referred to in subsection (1) (b), (
c) or (
d) if the area is not adjacent to land that is subject to an exemption under subsection (1).
(4) For the purposes of subsections (2) and (3), an area ceases to be subject to an exemption under this
section when a free growing stand has been established on it.
(5) The district manager may exempt a person referred to in
section 21.1 of the Act from the requirement for a site plan if the district manager determines that
(
a) the requirement for the plan results from Crown timber being cut, removed, damaged or destroyed in contravention of
section 96 of the Act, and
(
b) the use of the area is incompatible with the establishment of a free growing stand.
(6) If the district manager exempts a person from the requirement for a site plan under
section 29.1 of the Act,
(
a) the district manager may place conditions on the person, and
(
b) the person must comply with the conditions.
Section 37 (1) (b) (
i) is repealed.
Section 38 (
c) is repealed and the following substituted:
(
c) the proposed silviculture prescription complies with
section 4 (2), 26 (2) and (3) of the Timber Harvesting and Silviculture Practices Regulation, with respect to the prohibition against constructing excavated or bladed trails.
Section 39 is amended
(
a) in subsection (1) in the definition of "stocking requirements" in paragraphs (a) (vii) and (d) (vii) by striking out "section 13 of the Silviculture Practices Regulation" and substituting "section 41 of the Timber Harvesting and Silviculture Practices Regulation",
(
b) in subsection (2) by repealing paragraph (
d) and substituting the following:
(
d) mappable reserves, including
(
i) reserves for the retention of wildlife trees, and
(ii) riparian reserve zones. ,
(
c) in subsection (4) (a) (iv) by striking out "district manager or", and
(
d) by repealing subsection (7).
20 The title to Division 3 is repealed and the following substituted:
Division 3 — Reforestation for Non-replaceable Licences
21 The following
section is added:
Application
41.1 Nothing in this Division applies to a silviculture prescription or site plan prepared by the holder of a woodlot licence.
Section 52.1 (
c) is repealed and the following substituted:
(
c) known wildlife habitat areas, but the location of a wildlife habitat area must not be shown if the designated environment official is satisfied that showing it would threaten identified wildlife; .
Section 52.2 is amended
(
a) in paragraph (b) (ii) by adding "a" after "maintain", and
(
b) in paragraph (
c) by striking out "to be used as a monitoring site".
Section 52.4 is repealed and the following substituted:
Information respecting a range use plan prepared by the district manager
52.4 If the district manager, under
section 27 (3) of the Act, prepares or amends a range use plan for the holder of an agreement under the
Range Act , the district manager must give the holder a copy of the plan or amendment.
Section 53 (
b) is repealed and the following substituted:
(
b) for a plan prepared under
section 27 (1) of the Act, the signature of
(
i) the holder of the agreement under the Range
Act , or
(ii) a person who has authority to sign the plan on behalf of the holder, and .
Section 69 is amended
(
a) in subsection (1) by striking out "chief forester and the",
(
b) in subsection (2) by striking out "chief forester and" , and
(
c) in subsection (3) by striking out "district manager and".
Section 70 is amended
(
a) by repealing subsection (1) and substituting the following:
(1) The Deputy Minister of Water, Land and Air Protection, or a person authorized by the Deputy Minister, may, by written order,
(
a) classify a species at risk as identified wildlife, if satisfied that the species needs to be managed through a higher level plan, wildlife habitat area or general wildlife measure,
(
b) establish a mapped area of land as a wildlife habitat area, if satisfied that the mapped area is necessary to meet the habitat requirements of identified wildlife,
(
c) establish a management practice, that applies inside wildlife habitat areas, as a general wildlife measure, if satisfied that the management practice is necessary to maintain the identified wildlife within those areas, and
(
d) establish a management practice, that applies within a specified ecosystem unit as a general wildlife measure, if satisfied that the management practice is necessary to maintain a specified habitat. ,
(
b) by repealing subsection (2) and substituting the following:
(2) The classification of a species at risk as identified wildlife, and the establishment of a general wildlife measure and a wildlife habitat area, may be varied or cancelled by a written order signed by the Deputy Minister of Water, Land and Air Protection or a person authorized by the Deputy Minister. , and
(
c) by repealing subsections (4) and (5) and substituting the following:
(4) An order made under subsection (1) (
c) or (
d) may delegate the authority to vary some or all management practices in the order to the regional environmental stewardship manager in the Ministry of Water, Land and Air Protection.
(5) A delegation under subsection (4) may
(
a) confer a discretion on the regional environmental stewardship manager, and
(
b) provide differently for different persons, places or transactions.
Section 71 is amended
(
a) in subsection (1) by striking out ", and the chief forester," , and
(
b) in subsection (2) by striking out ", and the district manager," .
Schedule G
Section 1 of the Range Practices Regulation, B.C. Reg. 177/95, is amended by repealing the definition of "community watershed".
Schedule H
Section 1 (1) of the Security for Forest Practice Liabilities Regulation, B.C. Reg. 178/95, is repealed and the following substituted:
(1) The district manager or regional manager may, in a notice given the holder of a major licence that is not replaceable, require the holder to provide security of any kind for the performance of the holder's duty to establish a free growing stand under
section 69.1 or 70 of the Act.
(1.1) The district manager or regional manager may, in a notice given the holder of a woodlot licence, require the holder to provide security of any kind for the performance of the holder's duty to establish a free growing stand under
(
a) section 70 of the Act, or
(
b) Division 2 of
Part 6 of the Woodlot Licence Forest Management Regulation.
(1.2) The district manager or regional manager may, in a notice given the holder of a community forest agreement, require the holder to provide security of any kind for the performance of the holder's duty to establish a free growing stand under Division 2 of
Part 6 of the Woodlot Licence Forest Management Regulation.
Schedule I
Section 3 (1) of the Stillwater Pilot Project Regulation, B.C. Reg. 96/2001, is repealed and the following substituted:
(1) During the term of a forest stewardship plan the following provisions of the Act and regulations do not apply to the licensee within the Stillwater area:
(
a) of the Act: sections 21.1, 34, 41 (1) to (3) and (5), 43, 54 (1), 58, 60 (1), 63 (1), (2) and (5), 64 (1), (2), (3) and (5);
(
b) of the Operational and Site Planning Regulation:
section 7;
(
c) of the Timber Harvesting and Silviculture Practices Regulation:
section 12 (1).
Schedule J
Section 2 (1) of the Strategic Planning Regulation, B.C. Reg. 180/95, is amended by striking out "Before the ministers establish, vary or cancel" and substituting "Before the minister establishes, varies or cancels".
Section 3 is amended as follows:
(
a) in subsection (1) by striking out "When the ministers are" and substituting "When the minister is" , and
(
b) in subsection (3) by striking out "if the ministers are" and substituting "if the minister
is" .
Section 4 (1) is amended by striking out "the district manager" and substituting "the minister" .
Section 5 is amended by striking out "the district manager" and substituting "the minister" .
Section 6 (1) and (3) is amended by striking out "the district manager" and substituting "the minister" .
Section 7 (1) is amended by striking out "the district manager" and substituting "the minister" .
Schedule K
Section 1 (1) of the Woodlot Licence Forest Management Regulation, B.C. Reg. 325/98, is amended
(
a) by repealing the definition of "adjacent" and substituting the following:
"adjacent" means an area contiguous to, or in close proximity to,
(
a) a road or a proposed road, or
(
b) a cutblock
that due to its location could directly impact on, or be impacted by, a forest practice carried out within the area of the road or cutblock; ,
(
b) by repealing the
definitions of "area to be treated", "greened-up" and "soil erosion potential" ,
(
c) in the definition of "comprehensive plan for wildlife tree retention" by striking out "plan" and substituting "strategy" and, in paragraph (a), by adding "or forest cover polygons" after "wildlife tree patches" ,
(
d) by adding the following definition:
"field traverse" means a traverse carried out in the field using a hip chain, a tight chain or a Global Positioning Satellite system; ,
(
e) by repealing the definition of "harvesting of bark beetle infested timber" and substituting the following:
"harvesting of bark beetle infested timber" means harvesting timber that
(
a) is infested with larvae or adult bark beetles,
(
b) has been recently killed by bark beetles, or
(
c) must be removed incidentally to facilitate the removal of timber described in paragraphs (
a) and (b); ,
(
f) by amending the definition of "known" by striking out "or designated environment official",
(
g) in the definition of "stocking requirements" by adding "the preferred and acceptable species and" after "no silviculture prescription," ,
(
h) by repealing the definition of "ungulate winter range" and substituting the following:
"ungulate winter range" means an area that is identified as being necessary for the winter survival of an ungulate species by any of the following:
(
a) a higher level plan;
(
b) the Deputy Minister of Water, Land and Air Protection under
section 97.3;
(
c) a wildlife management plan or strategy approved before October 15, 1998
(
i) by
(
A) the district manager or regional manager, and
(
B) the designated environment official,
(ii) by the chief forester, or
(iii) by the ministers authorized to approve such plans
but a wildlife management plan or strategy approved under this paragraph expires on October 15, 2003, unless
(iv) modified under paragraphs (
a) or (b), or
(
v) confirmed before that date under
section 97.3; , and
(
i) by amending the definition of "wildlife habitat feature" by striking out "agreed to by the district manager and a designated environment official;" and substituting "identified by a designated environment official;" .
Section 1 (2) is amended
(
a) by adding the following definition:
"deactivation" means closure and stabilization of a road that will no longer be used by the person who is required to deactivate it under
section 64 of the Act, so that the area over which the road was constructed will be stable and will not adversely impact other resources; , and
(
b) in the definition of "dispersed disturbance" by striking out "or stand management prescription" in paragraphs (
a) and (b).
Section 2 (4) is repealed.
Section 2 (5) is repealed and the following substituted:
(5) For the purposes of
section 96 (1) (e), (f), (f.1) and (
g) of the Act, a person is authorized to cut, damage or destroy Crown timber in the course of carrying out
(
a) duties as a land surveyor,
(
b) fire control or suppression operations,
(
c) silviculture treatments or forest health treatments, if the treatments are approved by the district manager or funded under the Forest Investment Vote in the estimates of the ministry,
(
d) any other purpose that is ancillary to the purposes of this Act and authorized in writing by the district manager, or
(
e) any activities that are authorized in writing by the district manager and are incidental to or required to carry out activities authorized or approved under the
Forest Act or the Range Act .
Section 3 is amended
(
a) by repealing subsection (2) and substituting the following:
(2) The Forest Road Regulation, the Operational and Site Planning Regulation and the Timber Harvesting and Silviculture Practices Regulation do not apply to a person referred to in subsection (1), despite any provision in those regulations to the contrary. , and
(
b) by repealing subsection (3).
Section 7 is amended
(
a) in subsection (2) (
b) by striking out "resource agencies or other",
(
b) by repealing subsection (3) and substituting the following:
(3) Despite subsection (2) (a), a holder of a woodlot licence need not publish a notice of an amendment to a forest development plan before the amendment is submitted for approval unless the holder received written comments from the public under subsection (5) with respect to the approval of the plan. , and
(
c) in subsection (5) by striking out "professional forester who signed" and substituting "professional forester who signs" .
Section 9 (2.1) is repealed.
Section 10 (2) is amended
(
a) by striking out "and resource agencies",
(
b) by repealing paragraph (
a) and substituting the following:
(
a) the topography, unless exempted by the district manager, , and
(
c) in paragraph (
b) by repealing subparagraphs (iii) and (iv) and substituting the following:
(iii) bridge and major culvert construction within a cutblock, and .
Section 11 is amended
(
a) in subsection (3) (
b) by striking out "district manager or" ,
(
b) in subsection (3) (
l) by striking out "barriers to vehicle access" and substituting "barricades to restrict vehicle access" ,
(
c) in subsection (5) by striking out "comprehensive plan for wildlife tree retention" and substituting "comprehensive strategy for wildlife tree retention" , and by repealing paragraph (
a) and substituting the following:
(
a) referred to any persons specified by the district manager, ,
(
d) in subsection (6) by striking out "does not form" and substituting "or a comprehensive strategy for wildlife tree retention does not form" , and
(
e) by adding the following subsection:
(8) A holder of a woodlot licence must ensure that a forest development plan specifies measures that will be carried out to protect the following forest resources:
(
a) water quality, if harvesting, road construction, road modification or road deactivation
(
i) may occur in a community watershed, or
(ii) may deleteriously impact water quality at a licensed domestic water supply intake;
(
b) recreation, if a recreation resource is located in or adjacent to the woodlot licence area;
(
c) wildlife or fisheries, if the district manager makes known a significant wildlife or fisheries value that requires measures to protect;
(
d) any other forest resource value that the district manager makes known as requiring measures for protection.
Section 12 (1) is amended
(
a) in paragraph (
a) by striking out "the location of" and substituting "the approximate location of" ,
(
b) by repealing paragraph (b),
(
c) in paragraph (d.1) by striking out ", addition or replacement" , and
(
d) by repealing paragraph (
g) and substituting the following:
(
g) the road deactivation operations that have been conducted or are to be conducted under the plan, including a description of roads that are currently deactivated or are to be deactivated under the plan.
Section 13 (4) and (5) are repealed.
Section 14 is amended
(
a) in subsection (1) by adding the following paragraph:
(c.1) any reserve areas or areas of non-commercial forest cover where the establishment of a free growing stand is not required; ,
(
b) in subsection (2.1) by adding "or a comprehensive strategy for wildlife retention" after "for wildlife tree retention" ,
(
c) by repealing subsection (4) (a) ,
(
d) in subsection (6) by striking out "the characteristics, species and function" and substituting "the characteristics and species" , and
(
e) by repealing subsection (11).
Section 18 (3) is amended by striking out "district manager or" .
Section 19 is amended
(
a) by repealing subsection (1) and substituting the following:
(1) For a proposed cutblock, minor salvage operation or minor harvesting operation, for which a cutting permit has not been issued, the district manager may require the holder of the woodlot licence to prepare and obtain the district manager's approval of a site plan that contains information listed in subsection (2) required by the district manager, if the district manager is of the opinion that additional site level information is necessary to adequately manage and conserve the forest resources within that area. , and
(
b) in subsection (2) by adding the following paragraph:
(a.1) maps indicating the location of proposed roads based on a field traverse; .
Section 22 (2) (
a) is repealed and the following substituted:
(
a) an area not greater than 1 ha, unless the change in area is the result of a field traverse that provides more accurate areas for a harvested cutblock, or .
Section 22.1 is amended
(
a) in subsection (3) (
c) by adding ", any areas of non-commercial forest cover" after "non-productive areas",
(
b) in subsection (3) (
l) by adding "any areas of non-commercial forest cover," after "non-productive areas,",
(
c) in subsection (4) by repealing paragraphs (
d) and (e), and
(
d) by repealing subsections (8) and (9).
Section 22.2 is repealed.
Section 24 is amended by adding the following subsection:
(4) The holder of a woodlot licence is exempt from the requirements
(
a) to submit a new operational plan under
section 35 (1) of the Act,
(
b) to prepare a site plan under
section 35 (2) (
b) of the Act, or
(
c) to prepare a site plan under
section 36 (4) (
b) of the Act.
19 The following sections are added:
Minor amendments to operational plans
24.1
(1) For the purposes of
section 42.1 (1) (
b) of the Act, a proposed amendment to an operational plan meets the prescribed requirements if the proposed amendment will not increase the adverse impact on forest resources and is limited to one or more of the following:
(
a) deletions of proposed cutblocks or roads, or portions of proposed cutblocks or roads, provided that the amendment does not deleteriously impact the forest health of the area;
(
b) minor mapping changes in cutblock or road location resulting from a field traverse having ascertained a more accurate geographic location;
(
c) changes in the areas of a harvested cutblock as a result of a field traverse that provides more accurate areas;
(
d) changes in the year or season of harvest or road construction provided that the timing is not critical to the management of non-timber forest resources;
(
e) changes in the harvesting
schedule from current proposed year of harvest to another year, provided the cutblock is under a cutting permit;
(
f) increases in the amount of road construction, including temporary roads, provided that the construction of the proposed road would not result in any of the following:
(
i) a road exceeding 300 m in length;
(ii) a road in a riparian reserve zone or a riparian management zone;
(iii) a road in an area having sensitive slopes;
(iv) exceeding the maximum limits for the proportion of the cutblock that may be occupied with soil disturbance;
(
g) changes to the locations of roads or cutblocks that are consistent with the approximate location shown in the forest development plan;
(
h) increases in the area of a cutblock, provided that the additional area is outside a riparian reserve zone or an area referred to in
section 65 and does not exceed the greater of
(i) 10% of the cutblock area, or
(ii) 1 hectare;
(
i) changes in the silvicultural system from a clearcut system to a partial cut system, provided that the changes do not result in
(
i) an increase in the maximum limits for the proportion of the cutblock that may be occupied with soil disturbance,
(ii) a change to the stocking requirements for the area, or
(iii) the retention of low value or poor quality timber that will significantly impede the establishment of vigorous regeneration;
(
j) changes to harvesting systems from ground to aerial or cable provided that the changes do not result in an increase in the maximum limits for the proportion of the cutblock that may be occupied by soil disturbance;
(
k) changes in proposed roads provided that the changes
(
i) maintain the general pattern and intent of proposed road development,
(ii) are made to roads within approved cutblocks, and
(iii) are made to roads that are outside of areas having sensitive slopes.
District manager actions where amendments wrongly made
24.2
(1) The district manager may take the action specified in this section, if
(
a) the holder of a forest development plan, silviculture prescription or site plan has made an amendment to the plan or prescription under
section 42.1 (1) of the Act without the approval of the district manager, and
(
b) the district manager considers that the determination by the holder that the amendment met the requirements of that
section was wrongly made.
(2) The district manager, in a written notice to the holder who made the amendment referred to in subsection (1), may request the holder to suspend any operations on the area that are subject to the amendment to the extent that the operations are materially affected by the amendment.
(3) If the district manager makes a request under subsection (2), the district manager must include reasons for considering that the determination by the holder was wrongly made.
(4) A request under subsection (2) remains in effect until the earlier of
(
a) the approval of the amendment under
section 41 of the Act, and
(
b) the district manager rescinding the request.
(5) An amendment made under
section 42.1 of the Act that is subject to a request under subsection (2) is without effect.
(6) A holder of a woodlot licence who amends a silviculture prescription under
section 42.1 (1) of the Act must provide the district manager with a copy of the amendment to the prescription.
Section 30 (
c) is amended by striking out "or designated environment official" .
Section 32 is amended
(
a) in paragraph (
a) by striking out "or designated environment official", and
(
b) by repealing subparagraph (b) (ii) and substituting the following:
(ii) the Deputy Minister of Water, Land and Air Protection specifies that the general wildlife measures apply, and causes the measures to be made available to the holder.
Section 35 is repealed and the following substituted:
Restrictions on harvesting or modification of trees in riparian reserves
35 A holder of a woodlot licence who carries out harvesting or silviculture treatments must not harvest, fell or modify trees in an area that is a riparian reserve zone unless the harvesting, felling or modification
(
a) is authorized under
section 2 (5), or
(
b) has been specified in an operational plan or otherwise authorized by the district manager and is for one or more of the following purposes:
(
i) undertaking recreational facility management;
(ii) reducing windthrow potential by topping or pruning;
(iii) creating corridors for full suspension yarding;
(iv) removing trees for stream crossings, including roads;
(
v) removing trees for the construction or modification of a road;
(vi) carrying out constructing, modifying or maintaining a range development;
(vii) removing any tree that is hazardous to workers because of location, direction of lean, physical damage, overhead hazards, deterioration of limbs, stems or root system or a combination of these;
(viii) recovering trees that have been windthrown or have been damaged by fire, insects, disease or other causes;
(ix) carrying out sanitation treatments;
(
x) managing fisheries values or wildlife values;
(xi) any other similar purpose.
Section 36 (c) (ii) is amended by striking out "a designated environment official and made available to the holder in writing" and substituting "the Ministry of Water, Land and Air Protection and made available to the holder" .
Section 38 is amended
(
a) by repealing subsection (2), and
(
b) in subsections (3) and (4) by striking out "subsection (1) or (2)" and substituting "subsection (1)".
Section 39 is amended
(
a) by repealing the
definitions of "overlanding", "qualified inspector", "road subgrade width", "soil erosion field assessment" and "surface soil erosion hazard", and
(
b) by adding the following
definitions:
"cross-drain culvert" means a culvert used to carry ditch water from one side of the road to the other;
"drainage system" means a system designed to control the flow of water within a road prism;
"endhaul" means the act of moving excavated material from one
section of the road to another or to a disposal site, during road construction or modification, unless the modification consists of replacing or adding a stream culvert or a bridge, or providing structural repairs to a bridge or major culvert;
"ford" means a dip in a road constructed to facilitate crossing a stream;
"safe fish passage" means safe passage of fish for the purposes of spawning, rearing or migration;
"wilderness road" means a forest service road, or a road that is subject to a road permit or road use permit, that is not being used for any of the purposes set out in
section 54 (1) and (2) of the Act.
Section 41 (1) is repealed.
Section 41.1 (2) is repealed and the following substituted:
(2) A holder of a woodlot licence is exempt from the requirement of
section 60 (3) (
b) of the Act to make a road layout and design publicly available.
Section 42 is repealed.
Section 43 is amended
(
a) by repealing subsection (3) and substituting the following:
(3) The prescribed circumstances under
section 60 (1) (
b) of the Act in which a holder of a woodlot licence must obtain the district manager's approval of a road layout and design are:
(
a) except for crossings, the road is proposed to be located within a riparian reserve zone or riparian management zone;
(
b) the road is proposed to be located in a community watershed and within 100 m upslope of a known licensed community water supply intake;
(
c) the road is proposed to be located on unstable or potentially unstable terrain and the design measure will not result in the least likelihood of a landslide. ,
(
b) in subsection (4) by striking out "or designated environment official", and
(
c) by repealing subsections (5) to (9).
30 Sections 44 to 57 are repealed and the following substituted:
Selecting road location
(1) A holder of a woodlot licence required to prepare a road layout and design must
(
a) locate the road to be consistent with higher level plans, any approved operational plan, cutting permit, road permit or special use permit, and
(
b) select and locate stream crossings so that
(
i) channel and bank disturbances at the crossing, or immediately upstream and downstream, can be prevented or mitigated, and
(ii) any bridge or culvert will be stable.
(2) A road and related works and activities must be located outside a riparian reserve zone or riparian management zone, except for crossings, unless in the opinion of the district manager,
(
a) no other practicable option exists, or
(
b) locating the road outside the riparian reserve zone or riparian management zone will create a higher risk of sediment delivery to a stream.
(3) A road in a community watershed must not
(
a) be located within a 100 m radius upslope of a licensed community water supply intake, unless the district manager agrees that the road may be located closer to the intake, or
(
b) interfere with the subsurface flow path of a drainage area that contributes to a spring if the information concerning the subsurface flow is made available by the district manager 4 months before the commencement of road construction or modification.
(4) Subsection (3) (
a) does not apply to a road servicing a licensed community water supply intake.
Content of road layout and design
45 A holder of a woodlot licence must ensure that a road layout and design
(
a) includes a map showing the location of the road, as determined by a field traverse, with the stream or lake crossings indicated on the map,
(
b) incorporates measures to provide a stable road prism or other landslide risk mitigation strategies, if a reasonable, knowledgeable person determines that such measures are required, following a site inspection that must be carried out if the road is proposed to be located on a sensitive slope,
(
c) includes a written statement described under
section 48 (1) (
i) if the road crosses an area with unstable or potentially unstable terrain, and the person preparing measures described in paragraph (
b) determines that either the proposed work is complex, or the extent and nature of the work actually carried out leading up to completion is not readily discernible after completion, and
(
d) includes a written rationale for the road layout and design.
Drainage design
(1) Subject to subsections (2) to (4), a holder of a woodlot licence must design new bridges, their approaches, and stream culvert structures to meet the peak flow criteria set out in the following table:
Period of use at site
Minimum design peak flow
Bridges and culverts up to 3 years
10 year return period
Bridges from 3 to 15 years
50 year return period
Bridges over 15 years and culverts over 3 years
100 year return period
(2) Despite subsection (1), a stream culvert may be constructed at a stream crossing to meet the expected flows for the period of use, if all of the following requirements are met:
(
a) the stream is not a fish stream;
(
b) a reasonable, knowledgeable person would expect that the installation and use will be in a period of low stream flows;
(
c) there will be no crossings in this location after the period of use;
(
d) the culvert is removed before the period of high stream flows.
(3) Despite subsection (1), if the components of a bridge that are vulnerable to damage at times of peak stream flow are removed at times of risk, the bridge must be designed to pass expected stream flows for the period of use.
(4) Despite subsection (1), stream culverts in community watersheds must be designed to pass the peak flow referred to in subsection (1) without the stream surface rising above the top of the culvert inlet, unless a professional engineer has designed inlet and outlet protection measures.
Requirements for designs of bridges, culverts, etc.
(1) A design and fabrication for a bridge must
(
a) be in accordance with the requirements of
(
i) the Canadian Standards Association, Design of Highway Bridges, CAN/CSA-S6, and
(ii) the Canadian Foundation Engineering Manual
in effect at the time the design is done, and
(
b) take into account logging trucks with unbalanced loads and off-centre driving.
(2) A holder of a woodlot licence must obtain a professional engineer's written structural analysis of portable bridge superstructures that are being reused at a new site, unless
(
a) the bridge superstructure was originally designed by a professional engineer,
(
b) the bridge superstructure will be reused at the new site to carry the original design loads or lighter loads, and
(
c) an inspection of the bridge at the new site before the first use of the bridge is unable to detect any damage or deterioration in the bridge.
Division 4 — Construction and Modification
Subgrade construction
(1) A holder of a woodlot licence required to construct or modify a road in compliance with
section 62 (1) of the Act, must, in the course of the activity, comply with all of the following:
(
a) fell all standing trees within the clearing width and fell any danger trees that have the potential to reach the proposed road surface;
(
b) in areas where felled trees could reach streams or lakes;
(
i) directionally fell trees away from the stream or lake, unless that is impracticable, and
(ii) use felling and yarding methods that prevent the stream bank from destabilizing;
(
c) take steps to ensure that the road will remain stable until it is deactivated or a notice is received under
section 64 (11.1) of the Act;
(
d) take steps to ensure that at the completion of the subgrade construction or modification, any borrow pits, quarries, waste areas and endhaul disposal sites are left in a stable condition;
(
e) not deposit slash, debris or soil into a lake, wetland, stream, fisheries-sensitive zone or marine-sensitive zone, if the deposit is capable of
(
i) damaging fish habitat, or
(ii) causing the water to fail to meet water quality objectives established by the Ministry of Water, Land and Air Protection and made available to the holder for at least 4 months;
(
f) not deposit slash and debris in a manner that would increase the likelihood of slope failure;
(
g) establish clearing widths that are the minimum required to accommodate the following:
(
i) road prism;
(ii) user safety;
(iii) subgrade drainage;
(iv) subgrade stability;
(
v) areas for the placement of slash, debris and other waste;
(vi) operation of equipment;
(vii) snow removal;
(viii) fencing and other structures that are ancillary to the road;
(ix) pits or quarries;
(
x) landings;
(
h) construct cut slope angles to remain stable over the expected life of the road, unless
(
i) sliding of soil particles or of thin sheets of soil particles from the cutbank, or
(ii) sloughing of the cut bank
cannot reasonably be expected to contribute to slope failures;
(
i) ensure that a qualified registered professional signs and seals a statement that construction or modification work has been carried out in general conformance with the road layout and design, if such a statement is required by the road layout and design under
section 45 (c);
(
j) use rock drilling and blasting techniques that are scheduled and selected to minimize disturbance to existing improvements and to forest resources identified in the forest development plan;
(
k) locate borrow pits, quarries, waste areas and endhaul disposal sites in areas where eroded soil materials or other harmful materials will be prevented from entering streams;
(
l) keep equipment fueling or servicing fluids controlled or contained to avoid damage to forest resources;
(
m) if the road being constructed or modified is a snow road, minimize ground disturbance by using clean compacted snow and ice as fill material;
(
n) ensure that a professional engineer signs and seals a statement that the structure is in general conformance with the design drawings and specifications prepared by a professional engineer for:
(
i) a retaining wall that is more than 1.5 m high, or
(ii) another specialized structure, the design of which falls within the practice of professional engineering as defined in the Engineers and Geoscientists Act ;
(
o) if the road is in a community watershed,
(
i) notify the holder of a water licence or the holder's representative of the start date of road construction or modification at least 48 hours before the start of road construction or modification,
(ii) ensure that rock that is from an acid generating rock formation is not used for road construction or modification if information concerning the acid generating rock is made available by the district manager 4 months before the commencement of the road construction or modification, and
(iii) ensure that road construction or modification does not cause the quality of water to fail to meet water quality objectives
(
A) established by the Ministry of Water, Land and Air Protection, and
(
B) made available to the holder for at least 4 months.
(2) A holder of a woodlot licence required to construct or modify a road in compliance with
section 62 (1) of the Act, may, in the course of the activity,
(
a) use stumps and logs as retaining structures under or against the fill, if the retaining structures are designed by a qualified, registered professional to provide slope stability, and
(
b) amend a road layout and design without approval if the amendment will not materially change the expected effects of the original approved design on a riparian reserve zone, riparian management zone, licensed community water intake, or terrain stability.
(3) A person required to construct or modify a road in compliance with
section 62 (1) of the Act must submit a map of the constructed or modified road to the district manager, in a form and manner, and with the content, satisfactory to the minister.
Drainage construction
(1) A holder of a woodlot licence required to construct or modify a road in compliance with
section 62 (1) of the Act must do all of the following when constructing the drainage system for the road:
(
a) construct such bridges, culverts, fords and ditches as are necessary to maintain surface drainage patterns, in accordance with any design requirements referred to in sections 46 and 47;
(
b) install bridges, culverts or fords at all crossings of permanent or seasonal streams;
(
c) ensure that the drainage system
(
i) intercepts surface or subsurface drainage from the cut slope,
(ii) drains ditches and controls ditch erosion,
(iii) prevents ponding of water where road stability may be compromised,
(iv) prevents water from being directed onto sensitive slopes or onto soil material, and
(
v) minimizes the amount of sediment entering streams;
(
d) ensure that any stream and cross-drain culverts are structurally sound, functional, and stable;
(
e) prevent road embankment and waste materials from interfering with waterflow at culvert inlets and outlets;
(
f) at culvert outlets, protect fill that is unstable or susceptible to erosion with erosion-resistant materials or drainage structures;
(
g) construct bridges and culverts to prevent or mitigate stream bank disturbance and to avoid adversely affecting downstream water quality;
(
h) construct crossings in fish streams
(
i) in accordance with timing windows and measures made available by a designated environment official in order to adequately manage and conserve aquatic resources, and
(ii) at a time and in a way that provides safe fish passage and protects fish habitat at the crossing and immediately upstream and downstream of the crossing;
(
i) fabricate all permanent bridge and culvert materials according to the standards of the Canadian Standards Association, Design of Highway Bridges, CAN/CSA-S6, in effect at the time of fabrication;
(
j) after construction of a bridge designed by a professional engineer, ensure that a professional engineer signs and seals a statement that the entire bridge is in general conformance with the design drawings and specifications;
(
k) after construction of a bridge designed by a professional forester, ensure that a professional forester or professional engineer signs and seals a statement that the entire bridge is in general conformance with the design drawings and specifications;
(
l) after construction of a bridge not designed by a professional engineer or professional forester, sign a statement that the entire bridge is in general conformance with the design drawings and specifications.
(2) During and at the completion of construction activities, the person responsible for the construction or modification of the road must, for bridges and major culverts,
(
a) obtain and retain any pile driving records and, for new materials, mill test certificates, in-plant steel fabrication drawings, concrete test results, compaction results, and other pertinent field and construction data, and
(
b) prepare as-built drawings and retain them for the life of the structure.
Revegetation
50 A holder of a woodlot licence who is required to construct or modify a road in compliance with
section 62 (1) of the Act, or to deactivate a road under
section 64 of the Act, must
(
a) unless vegetation will naturally recur, apply seed in the first growing season after completion of construction, modification or deactivation to all exposed soil that will support vegetation in all of the following areas:
(
i) inactive borrow pits;
(ii) waste areas;
(iii) road cuts;
(iv) fill slopes;
(
v) other disturbed areas within the clearing width, and
(
b) ensure that areas described in paragraph (
a) are revegetated within 2 years of the completion of construction, modification or deactivation, as applicable.
Division 5 — Maintenance
Bridge and major culvert inspection, evaluation and maintenance
(1) A holder of a woodlot licence required to maintain a road under
section 63 of the Act must carry out an inspection of bridges and major culverts, and make a record of the inspection, at least once every 3 years after they are constructed, unless
(
a) a longer period is specified by a professional engineer as part of the inspection record, in which case the record must be produced within that longer period, or
(
b) the stringers or any portion of the structural components of the bridge substructure are untreated wood, in which case the inspection must be carried out at least once every 2 years after construction.
(2) Without limiting subsection (1), a holder of a woodlot licence required to maintain a road under
section 63 of the Act must make an inspection record concerning a bridge or major culvert
(
a) after the occurrence of an event that could have caused damage to the structure, and
(
b) more often than is required under subsection (1) and at a level of frequency that a professional engineer determines in writing to be adequate for the continuing safe use of the bridge, if an inspection detects structural defects or if the defects are otherwise evident.
(3) A holder of a woodlot licence required to maintain a road under
section 63 of the Act must retain a copy of the inspection record for one year beyond the actual life of the structure at the site.
Follow up to inspection of bridge and major culverts
(1) A holder of a woodlot licence required to maintain a road under
section 63 of the Act must, if the bridge has structural deficiencies,
(
a) correct the deficiencies,
(
b) close, remove or replace the bridge before users or downstream improve-ments and forest resources are placed at risk,
(
c) restrict traffic loads to a safe level, or
(
d) ensure that a professional engineer evaluates the bridge according to the requirements of the Canadian Standards Association, Design of Highway Bridges, CAN/CSA-S6, as amended up to the date of the evaluation.
(2) If a professional engineer determines that a bridge is unable to carry its original design load, the person required to maintain the road under
section 63 of the Act must place a sign on each bridge approach stating the actual capacity of the bridge.
Road inspection and maintenance
(1) A holder of a woodlot licence who maintains a road under
section 63 of the Act must inspect and repair the road to ensure that
(
a) the structural integrity of the road prism and clearing width are protected,
(
b) the drainage systems of the road are functional,
(
c) the transport of sediment from the road prism and its effects on other forest resources are minimized,
(
d) safe passage for fish is provided at fish stream crossings constructed or modified after June 15, 1995, and
(
e) the road can safely be used for purposes referred to in
section 54 (1) or (2) of the Act.
(2) The holder of a woodlot licence must ensure that, for the purposes of subsection (1) (c), road maintenance activities in a community watershed do not cause the quality of water to fail to meet the water quality objectives established by the Ministry of Water, Land and Air Protection and made available for at least 4 months.
(3) Despite subsection (1), if a road is a wilderness road,
(a) subsection (1) (
e) does not apply to the holder of a woodlot licence required to maintain the road, and
(b) subsection (1) (
a) and (
b) applies only with respect to the risk to the environment.
Division 6 — Deactivation
Timing windows for road deactivation
54 A holder of a woodlot licence who deactivates a road, must conform with timing windows and measures for works in and around stream crossings developed and made available by a designated environment official.
Road deactivation
(1) A holder of a woodlot licence who carries out road deactivation under
section 64 of the Act must ensure that the deactivation work provides for, or addresses, all of the following requirements:
(
a) removal of bridge and log culvert superstructures;
(
b) if failure of a bridge or log culvert substructure would adversely affect downstream forest resources or property, removal of the bridge or log culvert substructure;
(
c) removal of all stream pipe culverts;
(
d) stabilization of the road prism and clearing width;
(
e) restoration or maintenance of the surface drainage patterns, consistent with natural drainage patterns;
(
f) deactivation works in community watersheds that do not cause the quality of water to fail to meet the water quality objectives established by the Ministry of Water, Land and Air Protection and made available for at least 4 months;
(
g) safe fish passage and protection of fish habitat at stream crossings immediately upstream and downstream of the stream crossing structure, and the timing and description of the work to achieve these objectives;
(
h) minimization of the impact of silt and sediment transport on other forest resources;
(
i) closure of the road to further motor vehicle use by erecting a barricade.
(2) Without limiting subsection (1), a qualified registered professional must
(
a) prepare a prescription for deactivation work to reduce the likelihood of landslides in areas that have unstable or potentially unstable terrain, and
(
b) if specified in the prescription, sign and seal a statement that the deactivation work was carried out in general conformance with the prescription.
(3) A holder of a woodlot licence who deactivates a road in a community watershed must notify the holder of a water licence or the holder's representative of the start date of deactivation work at least 48 hours before the start of deactivation work.
Amendment of deactivation prescription
56 A holder of a woodlot licence who deactivates a road under
section 64 of the Act must not amend a prescription prepared in accordance with
section 55 (2) unless the change is agreed to by a person authorized in that
section to prepare such prescriptions.
Hazard warning
57 Before commencement of road deactivation activities, the holder of a woodlot licence who is required to deactivate the road under
section 64 of the Act must erect a sign at a location or locations, containing information
(
a) sufficient to warn users of the road of the hazards that may be expected during deactivation work, if the road is open to motor vehicle traffic, and
(
b) upon completion of deactivation work, sufficient to warn potential users of the road that the road is closed to traffic.
Section 58 is amended
(
a) in subsection (1) by adding "or a comprehensive strategy for wildlife tree retention" after "comprehensive plan for wildlife tree retention", and
(
b) by repealing subsections (2) and (3) and substituting the following:
(2) A holder of a woodlot licence, who receives authority to harvest wildlife trees or trees that are in a wildlife tree patch, must amend
(
a) the comprehensive plan for wildlife tree retention, or
(
b) the comprehensive strategy for wildlife tree retention
to replace the trees that will be harvested with trees of equal or better wildlife tree value.
Section 62 is amended
(
a) in subsection (2) (
a) by striking out "potentially unstable" and substituting "sensitive" ,
(
b) in subsection (6) (a) (
i) by adding the following clause:
(D.1) revegetating exposed mineral soil; , and
(
c) in subsection (7) by adding the following paragraph:
(a.1) the trail is on a proposed road location, .
33 The following
section is added:
Excavated and bladed trails may be constructed
62.01 Subject to sections 13.1, 60 to 62, a holder of a woodlot licence may construct an excavated or bladed trail on an area if
(
a) the area is under a site plan and a cutting permit, and
(
b) constructing the trail will not result in the maximum limit for soil disturbance for the area being exceeded.
Section 63 is amended
(
a) in subsection (1) by adding the following:
(a.1) the landing construction incorporates drainage systems to minimize runoff flowing onto the landing fill and material, , and
(
b) by repealing subsection (2) (b) (vi) and substituting the following:
(vi) scatter woody debris on exposed mineral soil surfaces;
(vii) revegetate exposed mineral soil.
Section 67 is repealed.
Section 68 is amended
(
a) by repealing paragraph (a), and
(
b) in paragraph (
c) by striking out "provided in writing" and substituting "made available".
Section 69 is amended by striking out ", unless authorized by a designated environment official" .
38 The following
section is added to
Part 5:
Protecting the environment
73.1
(1) For the purposes of
section 45 (3) (
b) of the Act,
"inordinate soil disturbance" means soil disturbance that results in the district manager requiring rehabilitation of soil under
(a)
section 48 (1) of the Act, or
(b)
section 38 (4) of this regulation.
(2) For the purposes of
section 45 (3) (
c) of the Act,
"significant damage" means any damage to a lake, stream or other watercourse that results from the deposit of a petroleum product or a fluid used to service logging equipment.
Section 76 (1) is amended by striking out "produce" and substituting "establish" .
Section 77 (4) is repealed and the following substituted:
(4) The holder must maintain the stocking requirements of this
section from the regeneration date referred to in subsection (1) until
(
a) the holder is relieved of the obligation to establish a free growing stand under
section 69.1 of the Act,
(
b) the obligation to establish a free growing stand no longer applies in accordance with
section 162.1 of the Act, or
(
c) the holder is granted relief from the obligation to establish a free growing stand under
section 162.2 (2) of the Act.
Section 81 (12) (
a) is repealed and the following substituted:
(
a) a tree that is at least
(i) 50% of the median height of the preferred and acceptable well spaced trees in the survey plot, if the median height is 2 m or greater, or
(ii) 30% of the median height of the preferred and acceptable well spaced trees in the survey plot, if the median height is less than 2 m; .
42 The following
section is added to Division 3 of
Part 6:
Silviculture obligations for non-replaceable woodlot licences
81.1 For the purposes of
section 71 (1) (
a) of the Act, the prescribed date is November 1, 1994.
Section 82 (2) is amended by striking out "under
section 22.2".
44 Sections 83 and 85 are repealed.
Section 86 (2) is amended
(
a) in paragraph (a) (ii) by striking out "medical health officer" and substituting "Minister of Health or a person authorized by that minister" , and
(
b) by repealing paragraph (b) (iii) (
B) and substituting the following:
(
B) were established by the Ministry of Water, Land and Air Protection and made available to the holder at least 4 months before the application of the fertilizer.
Section 88 is amended
(
a) by repealing subsection (2) and substituting the following:
(2) If the district manager is of the opinion that a holder of a woodlot licence has not met a requirement under
section 70 (4) (
d) of the Act or
section 77 of this regulation on an area, the district manager may, in a notice given to the holder, require the holder to carry out a survey of the number of healthy well spaced trees on the area. , and
(
b) by adding the following subsection:
(3.1) Despite subsection (3), the district manager may exempt the holder of a woodlot licence from the requirement to carry out a free growing survey on an area if
(
a) the district manager is satisfied that a free growing stand has been established on the area, and
(
b) the holder has provided the information referred to in subsection (3) (
a) to (
d) and (
f) for that area.
47 The following sections are added:
Free growing declarations
88.1
(1) The holder of a woodlot licence must not make a declaration under
section 162.1 of the Act that an obligation to establish a free growing stand has been met unless the stand of trees
(
a) meets the requirements of
section 78, if the area is under a site plan, or
(
b) meets the requirements of
section 70 (4) (
e) of the Act and
section 81 of this regulation, if the area is under a silviculture prescription.
(2) For the purposes of
section 162.1 (6) of the Act, for areas under a silviculture prescription, the stand must be within the "free growing assessment period" as defined in
section 70 (1) of the Act.
(3) Despite
section 162.1 (2) of the Act, a declaration under that
section may be signed by the holder of a woodlot licence or a person who has authority to sign on behalf of the holder.
(4) For the purposes of
section 162.1 (3) of the Act, the prescribed period is 15 months.
(5) A holder of a woodlot licence is exempt from the requirements of
section 162.1 (5) of the Act.
(6) A holder of a woodlot licence who makes a declaration under
section 162.1 (1) of the Act in relation to an obligation to establish a free growing stand on an area where a brushing treatment has been carried out, remains responsible for the obligation unless, at the time of the declaration, the period since the brushing treatment was carried out is
(
a) a minimum of
(i) 2 years for a chemical brushing treatment, and
(ii) 3 years for a manual brushing treatment
in the SBS or the BWBS, or
(
b) a minimum of 2 years for any brushing treatment in biogeoclimatic zones other than the SBS or the BWBS.
(7) The district manager may authorize a shorter period than specified in subsection (6) (
a) or (b).
Waiver or funding of free growing obligation
88.2
(1) To claim the relief or funding under
section 162.2 of the Act relating to the establishment of a free growing stand, a holder of a woodlot licence must provide to the district manager the following information:
(
a) the nature of the relief sought and why the holder is entitled to it;
(
b) if the relief sought is funding under
section 162.2 (4) of the Act, a proposal for the course of action and time frame for returning the stand to the condition referred to in that subsection, and an estimate of the extra expense involved in carrying out the course of action.
(2) If the district manager is satisfied that the relief of an obligation or funding is required, then within 1 year of receiving all the information referred to in subsection (1), the district manager must grant the relief or provide the funds.
(3) If the district manager determines that
(
a) the obligation to establish a free growing stand should continue, and
(
b) either
(
i) the holder of a woodlot licence has not provided a proposed course of action, or
(ii) the proposed course of action is unacceptable,
then the district manager must provide and fund an alternate course of action.
(4) For the purposes of
section 22.1 (1) of the Act, a silviculture prescription for an area is without effect if, under
section 162.2 (3) (
b) of the Act, the district manager has relieved the holder of the prescription from the obligation to establish a free growing stand on the area.
Section 90 (1) is amended by striking out ", with the agreement of the designated environment official," .
49 The title to
Part 7.1 is amended by striking out "Green-up," .
50 Sections 97.1 and 97.2 are repealed.
Section 97.3 is amended
(
a) in subsection (1) by striking out "chief forester and the",
(
b) in subsection (2) by striking out "chief forester and", and
(
c) in subsection (3) by striking out "district manager and".
Section 97.4 is repealed and the following substituted:
Identified wildlife and general wildlife measures
97.4
(1) The Deputy Minister of Water, Land and Air Protection, or a person authorized by the Deputy Minister, may, by written order,
(
a) classify a species at risk as identified wildlife, if satisfied that the species needs to be managed through a higher level plan, wildlife habitat area or general wildlife measure,
(
b) establish a mapped area of land as a wildlife habitat area, if satisfied that the mapped area is necessary to meet the habitat requirements of identified wildlife,
(
c) establish a management practice, that applies inside wildlife habitat areas, as a general wildlife measure, if satisfied that the management practice is necessary to maintain the identified wildlife within those areas, and
(
d) establish a management practice, that applies within a specified ecosystem unit as a general wildlife measure, if satisfied that the management practice is necessary to maintain a specified habitat.
(2) The classification of a species at risk as identified wildlife, and the establishment of a general wildlife measure and a wildlife habitat area, may be varied or cancelled by a written order signed by the Deputy Minister of Water, Land and Air Protection or a person authorized by the Deputy Minister.
(3) An order made under subsection (1) or (2) is effective when a notice that the order has been made and the locations where the details of the order may be obtained are published in the Gazette.
(4) An order establishing a wildlife habitat area under subsection (1) may provide that the location of the area is not to be published under subsection (3), in which case subsection (3) does not require the location to be published.
(5) If an order provides that the location of a wildlife habitat area is not to be published, no person may disclose the location of the wildlife habitat area, except in terms that are not precise enough to allow a person to find the area, to anyone other than a person who needs to know the location in order to administer or comply with an enactment of British Columbia or Canada, or a law, or for purposes of protecting or studying the wildlife protected by the wildlife habitat area.
(6) An order made under subsection (1) (
c) or (
d) may delegate the authority to vary some or all management practices in the order to the regional environment stewardship manager in the Ministry of Water, Land and Air Protection.
(7) A delegation under subsection (6) may
(
a) confer a discretion on the regional environment stewardship manager, and
(
b) provide differently for different persons, places or transactions.
Section 97.5 is amended
(
a) in subsection (1) by striking out ", and the chief forester", and
(
b) in subsection (2) by striking out ", and the district manager" .
Section 1 of
Schedule A is amended by adding the following subsection:
(0.1) In this Schedule, "region" means a forest region established under
section 1 of the Forest Regions and Districts Regulation as it was on the coming into force of this subsection.
Copyright © 2002: Queen's Printer, Victoria, British Columbia, Canada