November 21, 2002

1198514681/02069/tlc02069_f

E4tlc02069

statreg_vsis_solo

Definitions and

Interpretation

Definitions

In this Act:

agreement under the Forest Act means an agreement in the form of a licence, a permit or an agreement referred to in

section 12 of the Forest Act or a pulpwood agreement;

agreement under the Range Act means an agreement in the form of a licence or permit referred to in

section 3 of the Range Act ;

area of catastrophic damage means an area designated under

section 108.2 as an area of catastrophic damage;

board means the Forest Practices Board continued under

section 136;

commission means the Forest Appeals Commission continued under

section 140.1;

council means the Forest Practices Advisory Council referred to in

section 170;

deactivate , in relation to a road, means to deactivate the road in accordance with the prescribed requirements;

determination means any act, decision, procedure, levy, finding, order or other determination made under this Act by the minister or an official;

ecological community means a group of different species occupying a particular area;

forest landscape area , in relation to a forest landscape plan, means the area of land specified in the plan as the forest landscape area;

forest landscape plan means a forest landscape plan under

section 2.21;

forest operations area , in relation to a forest operations plan, means the area of land specified in the plan as the forest operations area;

forest practice means a prescribed activity that is carried out by

the government,

a holder of an agreement under the Forest Act , or

a person in a prescribed category of persons

on private land, subject to a tree farm licence, a community forest agreement or a woodlot licence, or on Crown forest land;

free growing stand means a stand of healthy trees of a commercially valuable species, the growth of which is not impeded by competition from plants, shrubs or other trees;

interpretive forest site means an interpretive forest site established under

section 56 of this Act or

section 6 of the Forest Practices Code of British Columbia Act or designated under the Forest Act ;

minister includes the minister's delegate;

ministry website means a publicly accessible website maintained by or on behalf of the ministry of the minister;

objectives set by government means

objectives prescribed under

section 149 (1),

objectives established under

section 93.4 of the Land Act by the minister responsible for the administration of the Land Act , or

objectives established by the Haida Gwaii Management Council under

section 4 (1) of the Haida Gwaii Reconciliation Act ;

official means an employee in the

ministry of the minister responsible for the administration of this Act, which employee is designated by name or title to be an official by that minister for the purpose of that provision,

ministry of the minister responsible for the Wildlife Act , which employee is designated by name or title to be an official by that minister for the purpose of that provision, or

British Columbia Energy Regulator who is designated by name or title to be an official by the commissioner under the Energy Resource Activities Act for the purpose of that provision;

operational plan means a forest operations plan, forest stewardship plan, woodlot licence plan, range use plan or range stewardship plan;

planning guideline means a guideline included under

section 2.28 (2) in a forest landscape plan;

range development , in relation to the management for range purposes of range land or livestock, means

a structure,

an excavation,

a livestock trail indicated in a range use plan or a range stewardship plan as a range development, or

an improvement to forage quality or quantity on an area that results from

the application of seed, fertilizer or prescribed fire to the area, or

the cultivation of the area;

range practice means

a prescribed activity that is carried out on Crown range by

the holder of an agreement under the Range Act , or

a person in a prescribed category of persons, and

the activities related to constructing, modifying or maintaining a range development that are carried out on Crown range by a person other than the holder of an agreement under the Range Act ;

recreation feature means a biological, physical, cultural or historic feature that has recreational significance or value;

recreation resource means

a recreation feature,

a scenic or wilderness feature or setting that has recreational significance or value, or

a recreation facility;

recreation site means a recreation site established under

section 56 of this Act or

section 6 of the Forest Practices Code of British Columbia Act or designated under the Forest Act ;

recreation trail means a recreation trail established under

section 56 of this Act,

section 6 of the Forest Practices Code of British Columbia Act or designated under the Forest Act ;

seed means any part of a forest tree represented, sold or used to grow a plant;

special use permit means a special use permit under the Forest Practices Code of British Columbia Act ;

standard means a standard established by the chief forester under

section 169;

trail-based recreation area means a trail-based recreation area established under

section 56;

wildlife means

vertebrates, other than fish, that are wildlife within the meaning of the Wildlife Act ,

fish from or in the non-tidal waters of British Columbia, including

vertebrates of the order Petromyzoniformes (lampreys) or class Osteichthyes (bony fishes), or

invertebrates of the subphylum Crustacea (crustaceans) or phylum Mollusca (mollusks), and

invertebrates or plants listed by the minister responsible for the administration of the Wildlife Act as endangered, threatened or vulnerable species,

and includes the eggs and juvenile stages of these vertebrates, invertebrates and plants.

Words and expressions not defined in this Act have the meaning given to them in the Forest Act and the Range Act unless the context indicates otherwise.

Interpretation

A reference in this Act to the minister or his or her designate, or to the minister or a person authorized by the minister, or any similar reference, does not mean that a reference to the minister alone requires the minister to deal with the matter personally, and a reference to the minister alone means a reference to the minister or an appropriate official of the ministry of the minister responsible for the administration of this Act.

2) and (3

[Repealed 2007-18-75.]

Section 14 (2) of the

Interpretation Act does not apply to this Act.

Division 3 of

Part 6 and

section 87 of this Act do not apply to the government.

Interpretation — forest landscape plans and planning guidelines

2.01

For the purposes of this Act, a forest landscape plan applies to a forest operations plan if any portion of the forest operations area is within the forest landscape area.

For the purposes of this Act, a planning guideline applies to a forest operations plan if the forest landscape plan that includes the planning guideline applies to the forest operations plan.

Application of Act to first nations woodland licences

2.1

Subject to a regulation made under

section 153 (3), this Act and the regulations and standards made under this Act apply to or in respect of a first nations woodland licence described in subsection (2) as if

the first nations woodland licence were a community forest agreement,

the first nations woodland licence area were a community forest agreement area, and

the holder of the first nations woodland licence were a holder of a community forest agreement.

Subsection (1) applies to or in respect of a first nations woodland licence if

the size of the Crown land in the first nations woodland licence area is more than

800 ha, if the area is located in the Coast Forest Region, or

1200 ha, if the area is not located in the Coast Forest Region, or

the licence specifies that it is to be treated as if it were a community forest agreement for the purposes of this Act.

Subject to a regulation made under

section 153 (3), this Act and the regulations and standards made under this Act apply to or in respect of a first nations woodland licence described in subsection (4) as if

the first nations woodland licence were a woodlot licence,

the first nations woodland licence area were a woodlot licence area, and

a holder of the first nations woodland licence were a holder of a woodlot licence.

Subsection (3) applies to or in respect of a first nations woodland licence if the size of the Crown land in the first nations woodland licence area is equal to or less than

800 ha, if the area is located in the Coast Forest Region, or

1200 ha, if the area is not located in the Coast Forest Region.

A woodlot licence plan for a first nations woodland licence to which subsection (3) applies expires on the date the size of the Crown land in the first nations woodland licence area increases from a size described in subsection (4) to a size described in subsection (2) (a).

1.1

Forest Landscape Plan, Forest Operations Plan and Site Level Plan

Definitions and

interpretation for

Part 1.1

2.2

In this Part:

agreement means any of the following agreements under the Forest Act :

a forest licence;

a tree farm licence;

a community forest agreement if the community forest agreement area

is located inside the Coast Forest Region and includes Crown land of more than 800 ha, or

is located outside the Coast Forest Region and includes Crown land of more than 1 200 ha;

a first nations woodland licence if the first nations woodland licence area

is located inside the Coast Forest Region and includes Crown land of more than 800 ha, or

is located outside the Coast Forest Region and includes Crown land of more than 1 200 ha;

a timber licence;

a forestry licence to cut that is a major licence;

Indigenous governing body has the same meaning as in

section 1 (1) of the Declaration on the Rights of Indigenous Peoples Act ;

Indigenous peoples has the same meaning as in

section 1 (1) of the Declaration on the Rights of Indigenous Peoples Act ;

proposed cutblock means a proposed cutblock referred to in

section 2.36 (2) (

a) or (3) (

a) that is shown in a forest operations plan;

proposed road means a proposed road referred to in

section 2.36 (2) (

b) or (3) (

b) that is shown in a forest operations plan.

Despite

section 2.1, that

section does not apply to this Part.

Forest Landscape Plan

Chief forester may establish forest landscape plan

2.21

The chief forester may, by order, establish a forest landscape plan for the following land:

Crown land;

private land that is subject to an agreement under the Forest Act .

Notice of an order establishing a forest landscape plan must be published in the Gazette.

A forest landscape plan established by order of the chief forester takes effect on the later of the following:

the date on which notice of the order is published in the Gazette;

the date, if any, specified in the order as the effective date of the plan.

A forest landscape plan does not apply in relation to a woodlot licence.

Preparation of forest landscape plan

2.22

The chief forester, in preparing a forest landscape plan, must consider the following objectives:

supporting the production and supply of timber in the forest landscape area;

supporting the protection and conservation of the environment;

managing the values placed on forest ecosystems by Indigenous peoples;

managing the values placed on forest ecosystems by local communities;

preventing, mitigating and adapting to impacts caused by significant disturbances to forests and forest health, including wildfire, insects, disease and drought.

Consultation and cooperation with Indigenous peoples

2.23

Before establishing a forest landscape plan, the chief forester must consult and cooperate with Indigenous peoples whose rights could be affected by the establishment of the forest landscape plan.

Consultation and cooperation with Indigenous governing body

2.24

For the purposes of

section 2.23, the chief forester must, before preparing a forest landscape plan, provide notice to any Indigenous governing body that is authorized to act on behalf of Indigenous peoples whose rights could be affected by the establishment of the forest landscape plan.

On providing notice under subsection (1) to an Indigenous governing body, the chief forester must attempt to establish, with the Indigenous governing body, a process for consultation and cooperation in the preparation of the forest landscape plan.

If a process for consultation and cooperation is established under subsection (2) with an Indigenous governing body within 60 days of the provision of notice under subsection (1) to the Indigenous governing body, the chief forester must implement the process before establishing the forest landscape plan.

Consultation and cooperation with Indigenous governing body if process not established

2.25

If a process for consultation and cooperation in the preparation of a forest landscape plan is not established under

section 2.24 (2) with an Indigenous governing body referred to in that subsection within 60 days of the provision of notice, the chief forester must,

before preparing the forest landscape plan, provide the information proposed to be used by the chief forester for the purposes of preparing the forest landscape plan to the Indigenous governing body, and

on completing a proposed forest landscape plan, provide the proposed forest landscape plan to the Indigenous governing body.

An Indigenous governing body may, within 60 days after receiving the information referred to in subsection (1) (

a) or the proposed forest landscape plan referred to subsection (1) (b), provide comments to the chief forester.

The chief forester must,

after considering any comments received from an Indigenous governing body under subsection (2), make the proposed forest landscape plan publicly available for review and comment, and

after considering any comments received from the public under paragraph (a), provide the proposed forest landscape plan to the Indigenous governing body.

An Indigenous governing body may, within 60 days after receiving a proposed forest landscape plan under subsection (3) (b), provide notice to the chief forester of its consent or lack of consent to the proposed forest landscape plan.

The chief forester must

offer to meet with an Indigenous governing body that provides notice of its lack of consent under subsection (4), and

attempt to achieve consensus with the Indigenous governing body respecting the proposed forest landscape plan.

Dispute resolution facilitation

2.26

In this section, facilitator means an individual appointed under subsection (2).

If a dispute arises between the chief forester and an Indigenous governing body to which notice was provided under

section 2.24 (1) relating to a matter described in

section 2.25 (5) and the chief forester and the Indigenous governing body cannot resolve the dispute, the chief forester must appoint an individual to facilitate the resolution of the dispute.

Before appointing a facilitator, the chief forester must consider any comments of the Indigenous governing body referred to in subsection (2) respecting the appointment.

The chief forester must participate in a dispute resolution facilitation in respect of a dispute referred to in subsection (2).

A facilitator must provide a report on a completed dispute resolution facilitation to each participant.

The chief forester must not take further action in respect of a decision or matter that is the subject of a dispute resolution facilitation until after the facilitator provides a report.

A report of a facilitator does not limit the power of the chief forester in respect of the decision or matter that is the subject of the report.

This

section and

section 2.27 do not apply in respect of a dispute between the chief forester and an Indigenous governing body if a process for consultation and cooperation referred to in

section 2.24 (3) established with the Indigenous governing body provides for the resolution of disputes.

This

section and

section 2.27 are not to be taken as limiting any right an Indigenous governing body may have to seek a remedy from a court.

For certainty, this

section and

section 2.27 must be construed in accordance with

section 35 of the Constitution Act, 1982 .

Alternative dispute resolution process

2.27

Despite

section 2.26, the chief forester and an Indigenous governing body to which notice is provided under

section 2.24 (1) may agree to participate in an alternative dispute resolution process other than a dispute resolution facilitation referred to in

section 2.26 if the participants are satisfied that the alternative dispute resolution process gives due consideration to the customs, traditions, rules and legal systems of the Indigenous governing body.

The conclusion of an alternative dispute resolution process referred to in subsection (1) does not limit the power of the chief forester in respect of the decision or matter that was the subject of the alternative dispute resolution process.

Content of forest landscape plan

2.28

A forest landscape plan must include the following:

a map that shows the forest landscape area;

outcomes in relation to the objectives referred to in

section 2.22;

a description of how the objectives referred to in

section 2.22 were taken into consideration in establishing the outcomes referred to in paragraph (

b) of this subsection.

For the purposes of achieving the outcomes referred to in subsection (1) (b), a forest landscape plan may include planning guidelines for forest operations plans in relation to one or more of the following matters:

areas in which new cutblocks or roads should not be located;

limits that should apply to the sizes or configurations of cutblocks;

requirements relating to forest practices, silvicultural systems or stocking standards that should be included in the forest operations plans.

A forest landscape plan must be consistent with any objectives established under

section 93.4 of the Land Act .

Term of forest landscape plans

2.29

The term of a forest landscape plan is 10 years.

Despite subsection (1), when the term of a replacement forest landscape plan begins, the forest landscape plan that is being replaced ceases to apply to the forest landscape area of the replacement plan.

Extension of forest landscape plan

2.3

The chief forester may, by order, extend the term of a forest landscape plan on one or more occasions.

Each extension under subsection (1) may be for a period of up to 5 years.

Report on forest landscape plans

2.31

In this section, reporting period , in relation to a forest landscape plan, means each successive 5-year period during the term of the plan, beginning on the effective date of the plan.

Within 2 years after the end of a reporting period for a forest landscape plan, the chief forester must publish a report on a ministry website setting out the extent to which the outcomes identified in the plan have been achieved during the reporting period.

Plans, studies, analyses and information

2.32

The chief forester may, by order, for the purposes of preparing or amending a forest landscape plan or preparing a report under

section 2.31 in relation to a forest landscape plan, require a person referred to in subsection (2) of this

section to take one or more of the following actions, as the chief forester considers adequate:

prepare and submit to the chief forester plans, studies or analyses;

obtain and submit to the chief forester information.

The following persons may be the subject of an order under subsection (1):

the holder of an agreement that authorizes timber harvesting in the forest landscape area;

the holder of a forest operations plan to which the forest landscape plan applies or will apply, as applicable.

A plan, study or analysis or information required under subsection (1) must be prepared, submitted or obtained within the time and in the form and manner specified in the order.

Notice of decisions in relation to forest landscape plans

2.33

The chief forester must give notice to the holder of an agreement that grants rights to harvest timber in a forest landscape area if, in relation to the forest landscape plan, the chief forester makes an order that

amends the plan,

extends the term of the plan, or

cancels the plan.

Subject to subsection (3), if the holder of an agreement submits a forest operations plan or amendment for approval under Division 2 of this Part before the chief forester gives notice to the holder of an order under subsection (1), that Division applies to the submission for approval as though the order were not made.

Subsection (2) does not apply if the holder of the agreement waives the right to be given notice of the order.

Requirement to keep records of forest landscape plans

2.34

The chief forester must keep a record of each forest landscape plan and of each of the following, as applicable, that relates to the plan:

the order establishing the plan;

an order that

amends the plan,

extends the term of the plan, or

iii

cancels the plan;

a report published under

section 2.31.

The chief forester must, in a manner the chief forester considers adequate, make available to a person on request a copy of each record referred to in subsection (1).

During the term of a forest landscape plan, the chief forester must publish on a ministry website

the plan, and

the records referred to in subsection (1) (a), (b) (

i) and (ii) and (

c) that relate to the plan.

Forest Operations Plan

Forest operations plan

2.35

In this section:

approved forest operations plan means a forest operations plan that is approved by the minister;

forest landscape area includes an area of land that was formerly a forest landscape area.

If land subject to an agreement is located inside a forest landscape area, the holder of the agreement must not do any of the following unless the holder holds an approved forest operations plan that applies to the land:

apply for a cutting permit to harvest timber on the land;

apply for a road permit to construct a road on the land;

harvest timber on the land;

construct a road on the land.

A timber sales manager may not do any of the following in relation to land located inside a forest landscape area unless the timber sales manager holds an approved forest operations plan that applies to the land:

invite applications for, or enter into, a timber sale licence that grants rights to harvest timber on the land;

issue to the holder of a timber sale licence or contract logging authorization a road permit to construct a road on the land;

construct a road on the land for access to an area to be harvested under a timber sale licence or contract logging authorization ;

issue a contract logging authorization.

The holder of an agreement is exempt from subsection (2) (

c) and (

d) if the holder harvests timber or constructs roads in an area of land that is subject to a cutting permit or road permit issued before

the expiry of a forest operations plan that applied to the area subject to the permit, or

the removal of the holder as a party to a forest operations plan that applied to the area subject to the permit.

The holder of an agreement is exempt from subsection (2) if the holder only does one or more of the following on land subject to the agreement:

harvests timber to eliminate a safety hazard;

harvests timber to facilitate the collection of seed, leaving an opening not greater than 1 ha;

removes felled trees from landings and road rights of way;

harvests timber not exceeding a volume of 500 m 3 that, in the opinion of the minister,

is in danger of being significantly reduced in value, lost or destroyed, by insect infestation, fire or disease, or

has been treated or will be treated by the holder to facilitate the entrapment or elimination of pests;

harvests timber or constructs roads for a prescribed purpose.

A timber sales manager is exempt from subsection (3) in prescribed circumstances.

Content of forest operations plan

2.36

A forest operations plan must do the following:

specify the forest operations area;

include requirements for the forest operations area in respect of forest practices, silvicultural systems and stocking standards;

meet the prescribed requirements.

A forest operations plan held by the holder of an agreement must include a map, in a scale and form satisfactory to the minister, that shows the following:

the approximate location of each proposed cutblock that is to be the subject of a cutting permit that the holder intends to apply for during the term of the forest operations plan;

the approximate location of each proposed road that is to be the subject of a road permit that the holder intends to apply for during the term of the forest operations plan;

the location of each existing cutblock

that is within a prescribed distance of a proposed cutblock referred to in paragraph (a), and

in which the holder has harvested or started harvesting timber under the agreement;

the location of each existing road

that is continuous to or within a prescribed distance of a proposed road referred to in paragraph (b), and

that has been constructed by the holder under a cutting permit or road permit or that is authorized under a cutting permit or road permit held by the holder;

the location of each area that is subject to a cutting permit or road permit held by the holder of the agreement.

A forest operations plan held by a timber sales manager must include a map, in a scale and form satisfactory to the minister, that shows the following:

the approximate location of each proposed cutblock that the timber sales manager intends to include in timber sale licences for which the timber sales manager will invite applications during the term of the forest operations plan;

the approximate location of each proposed road that the timber sales manager intends to construct during the term of the forest operations plan;

the location of each area that is subject to a timber sale licence;

the location of each existing road that has been constructed for access to an area that is subject to a timber sale licence or contract logging authorization ;

the approximate location of each proposed area to be subject to contract logging authorizations that the timber sales manager intends to issue during the term of the forest operations plan;

the location of each area that is subject to a contract logging authorization.

For the purposes of complying with subsection (1) (b), a forest operations plan may incorporate by reference a requirement described in a planning guideline that applies to the forest operations plan.

A requirement in a planning guideline that is incorporated by reference in a forest operations plan under subsection

(4) is deemed to be included in the forest operations plan, and

is incorporated as it read in the planning guideline on the date on which the forest operations plan is approved or amended to include the requirement, as applicable.

Additional requirements if forest operations plan is inconsistent with planning guidelines

2.37

If either of the following shown in a forest operations plan is inconsistent with a planning guideline under

section 2.28 (2) (

a) or (

b) that applies to the forest operations plan, the forest operations plan must include a statement of the reasons for the inconsistency:

the location, size or configuration of a proposed cutblock;

the location of a proposed road.

If a forest operations plan does not include a requirement respecting forest practices, silvicultural systems or stocking standards described in a planning guideline under

section 2.28 (2) (

c) that applies to the forest operations plan, the forest operations plan must include one of the following:

a statement setting out why the requirement in the planning guideline is not included in the forest operations plan;

a substitution for the requirement in the planning guideline, together with a statement setting out

why the substituted requirement is included in the forest operations plan, and

how the substituted requirement will achieve an outcome similar to the outcome to which the requirement in the planning guideline relates.

Engagement on and review of forest operations plans

2.38

A person must not submit to the minister for approval a forest operations plan or an amendment to a forest operations plan unless the person has done the following, in accordance with the regulations:

made reasonable efforts to engage with Indigenous nations affected by the plan;

made the plan publicly available for review and comment.

In submitting a forest operations plan or amendment to the minister for approval, the person submitting the plan or amendment must include the following:

a

summary of the engagement referred to in subsection (1) (

a) and a description of any changes made to the plan to address matters raised by Indigenous nations;

a

summary of the public review and comment referred to in subsection (1) (

b) and a description of any changes made to the plan to address comments received from the public.

If the minister requests a person to resubmit a forest operations plan or amendment to address changes requested by the minister, the minister may relieve the person from the requirements under subsections (1) and (2) for the purposes of resubmitting the plan or amendment.

Approval of forest operations plans

2.39

Subject to

section 2.4, the minister may approve a forest operations plan or an amendment to a forest operations plan if satisfied of all of the following:

the plan or amendment meets the requirements set out in sections 2.36 and 2.37, as applicable;

the person who submitted the plan or amendment has complied with

section 2.38 (1) and (2);

the person who submitted the plan or amendment has given sufficient consideration to

matters raised by Indigenous nations during engagement under

section 2.38 (1) (a), and

comments received from the public under

section 2.38 (1) (b).

Subject to subsection (3), the minister may, in approving a forest operations plan or amendment, impose a condition under

section 112 (1) that the holder, by the date specified by the minister, deactivate a road authorized under a road permit or cutting permit held by the holder, including a road that is located outside of the forest operations area.

A condition under subsection (2) may be imposed only in prescribed circumstances.

Except to the extent provided in subsection (3), nothing in subsection (2) limits the discretion of the minister under

section 112 to attach a condition to the approval of a forest operations plan or amendment.

Approval of forest operations plans that are inconsistent with forest landscape plans

2.4

If a forest operations plan is inconsistent with a forest landscape plan, or would be inconsistent with a forest landscape plan as a result of an amendment to the forest operations plan, the minister may not approve the forest operations plan or amendment unless the minister is satisfied of all of the following:

the part of the forest operations plan or amendment that is inconsistent with the forest landscape plan nevertheless supports the outcomes included in the forest landscape plan;

the forest operations plan or amendment supports the proper management and conservation of forests and forest ecosystems;

the prescribed criteria, if any, are met.

For the purposes of this section, a forest operations plan is deemed to be inconsistent with a forest landscape plan if any of the following applies:

a proposed cutblock is located in an area, or has a size or configuration, contrary to a planning guideline under

section 2.28 (2) (

a) or (b);

a proposed road is located in an area contrary to a planning guideline under

section 2.28 (2) (a);

the forest operations plan does not include, under

section 2.36 (1) (b), a requirement relating to forest practices, silvicultural systems or stocking standards that is described in a planning guideline under

section 2.28 (2) (c).

Subsection (2) does not limit the circumstances in which a forest operations plan may be considered to be inconsistent with a forest landscape plan.

Limited protection of certain roads and cutblocks

2.41

A proposed forest operations plan or an amendment to a forest operations plan must be considered to have received the minister's approval under

section 2.39 for the parts of the plan, if any, that relate to a cutting permit, road permit, timber sale licence or contract logging authorization that is in effect on the date on which the proposed forest operations plan is submitted for approval.

In prescribed circumstances, a forest operations plan or amendment must be considered to have received the minister's approval under

section 2.39 for the parts of the plan that relate to prescribed matters or things.

Term of forest operations plan

2.42

The term of a forest operations plan

is the period, not exceeding 5 years, that the person submitting the plan for approval specifies at the time of submission, and

begins on the date specified in writing by the minister in approving the plan.

Despite subsection (1), when the term of a replacement forest operations plan begins, the forest operations plan that is being replaced ceases to apply to the forest operations area of the replacement plan.

Extension of term of forest operations plan

2.43

In this section, original expiry date , in relation to a forest operations plan, means the date on which the term of the plan would expire if no extension were made under this section.

Subject to subsection (3), the minister, by giving written notice to the holder of a forest operations plan, may extend the term of the plan as follows:

in prescribed circumstances, for a period of one year or less on one or more occasions;

for a period of 2 years or less on one or more occasions if the minister considers that the government, before the plan expires, is unlikely to complete consultations with Indigenous nations in relation to a replacement forest operations plan.

The term of a forest operations plan may not be extended

under subsection (2) (

a) to a date later than one year after the plan's original expiry date, and

under subsection (2) (

b) to a date later than 2 years after the plan's original expiry date.

The term of a forest operations plan may be extended under this

section before or after the plan expires.

A forest operations plan that is extended under this

section may include changes to the extent provided in the regulations.

Amendments to forest operations plan not effective unless approved

2.44

Unless the regulations provide otherwise, an amendment to a forest operations plan is not effective unless the amendment is approved by the minister under

section 2.39.

Mandatory amendments to forest operations plan

2.45

Unless the regulations provide otherwise, the holder of a forest operations plan must propose and submit, for approval by the minister under

section 2.39 and in accordance with this section, an amendment to the plan if any of the following applies:

the area specified in the plan as the location of a proposed cutblock or proposed road is affected by an amendment to any of the following enactments:

this Act;

the regulations;

iii

a prescribed enactment;

the holder is required by the regulations to propose and submit the amendment to the plan.

An amendment required under this

section must address the following, as applicable:

an amendment to an enactment referred to in subsection (1) (a);

a regulation referred to in subsection (1) (b).

An amendment required under this

section must be submitted within the following period, as applicable:

in the case of a plan amendment required under subsection (1) (a), the longer of

6 months from the date that the enactment referred to in subsection (1) (

a) is amended, and

the period, if any, specified in the enactment referred to in subsection (1) (a);

in the case of a plan amendment required by a regulation referred to in subsection (1) (b), a period of 6 months or longer specified in the regulation.

In prescribed circumstances, the minister may exempt a person from a requirement to amend a plan under subsection (1).

Annual forest development

schedule

2.46

On or before December 31 of each calendar year, the holder of a forest operations plan, other than a timber sales manager, must make publicly available, in accordance with the regulations, a forest development

schedule that shows each location in the forest operations area where the holder intends to start harvesting timber or constructing roads in the next calendar year.

On or before December 31 of each calendar year, a timber sales manager who holds a forest operations plan must publish on a ministry website a forest development

schedule that shows each location in the forest operations area that will be included in either of the following:

a timber sale licence for which the timber sales manager intends to invite applications in the next calendar year;

a contract logging authorization that the timber sales manager intends to issue in the next calendar year.

A forest development

schedule must be consistent with the forest operations plan to which the

schedule relates.

A forest development

schedule must meet the prescribed requirements, if any.

Site Level Plans

Site level plans for cutblocks and roads

2.47

Unless the regulations provide otherwise, the holder of a forest operations plan must prepare a site level plan

for a cutblock, before the holder starts harvesting timber on the cutblock, and

for a road, before the holder starts harvesting timber for the purposes of constructing the road.

A site level plan must do the following:

identify the approximate locations of cutblocks and roads;

be consistent with the forest landscape plan and forest operations plan that applies to the plan area of the site level plan;

meet the prescribed requirements.

A site level plan may apply to one or more cutblocks and roads whether the cutblocks and roads are located within one forest operations area or more than one forest operations area.

Exemptions Relating to Forest Stewardship Plans

Exemption from requirement to hold forest operations plan — activities under forest stewardship plans in new forest landscape areas

2.48

In this section:

new forest landscape area has the meaning given to it in subsection (2);

related forest landscape plan means the forest landscape plan that establishes a new forest landscape area.

For the purposes of this section, an area of land is a new forest landscape area if, immediately before the establishment of a forest landscape plan that applies to the area, the area has never been included in a forest landscape area.

Subject to subsection (4), the holder of a forest stewardship plan is exempt from

section 2.35 (2) and (3) in relation to a portion of a forest development unit included in the plan if the portion is within a new forest landscape area and either of the following applies:

the forest stewardship plan is approved by the minister before the date on which the related forest landscape plan takes effect;

the forest stewardship plan, or an amendment to the forest stewardship plan to add the portion to the forest development unit,

is submitted to the minister for approval before the date on which the related forest landscape plan takes effect, and

is approved by the minister on or after the date on which the related forest landscape plan takes effect.

The exemption under subsection (3) ceases to apply to the person on the following date, as applicable:

unless paragraph (

b) of this subsection applies, the date that is one year after the date on which the related forest landscape plan takes effect;

if the holder, within 6 months after the date on which the related forest landscape plan takes effect, submits to the minister for approval a forest operations plan that applies to the portion, the date on which the forest operations plan is approved or rejected by the minister.

Despite

section 16 (1.02), that

section does not apply to a forest stewardship plan or amendment referred to in subsection (3) (

b) of this

section that is submitted to the minister for approval before the date on which the related forest landscape plan referred to in subsection (3) (

b) of this

section takes effect.

Exemption from requirement to hold forest operations plan — activities under cutting permits or road permits issued in relation to forest stewardship plans

2.49

The holder of an agreement is exempt from

section 2.35 (2) (

c) and (

d) if the holder harvests timber or constructs roads in an area of land that is subject to a cutting permit or road permit issued before

the expiry of a forest stewardship plan that included a forest development unit containing the area subject to the permit, or

the removal of the holder as a party to a forest stewardship plan that included a forest development unit containing the area subject to the permit.

Agreement with Indigenous Governing Body

Decision-making agreement

2.5

In this Division:

decision-making agreement means an agreement entered into under

section 7 of the Declaration on the Rights of Indigenous Peoples Act by the minister, on behalf of the government, and an Indigenous governing body relating to one or both of the following:

the exercise of a statutory power of decision under this Part jointly by

the Indigenous governing body, and

the minister or the chief forester;

the consent of the Indigenous governing body before the exercise of a statutory power of decision of the minister or the chief forester under this Part;

statutory power of decision has the same meaning as in

section 1 (1) of the Declaration on the Rights of Indigenous Peoples Act .

The definition of "agreement" in

section 2.2 does not apply for the purposes of the definition of "decision-making agreement" in subsection (1) of this section.

This Division applies despite Divisions 1 and 2 of this Part and sections 79 to 83.1 and 84 (1).

Decision-making agreement — statutory power of decision of chief forester

2.51

This

section applies in respect of the power of the chief forester to make the following orders:

an order under

section 2.21 (1) establishing a forest landscape plan;

an order under

section 2.3 (1) extending the term of a forest landscape plan;

an order amending or cancelling a forest landscape plan.

Subject to subsections (3) to (7), if a decision-making agreement has been entered into in respect of the power of the chief forester to make an order referred to in subsection (1),

the power must be exercised in accordance with the decision-making agreement, and

a reference in this Act or the regulations to the order is to be read as a reference to the order as made in accordance with the decision-making agreement.

A decision-making agreement may establish objectives in addition to those set out in

section 2.22 that must be considered in the preparation of a forest landscape plan.

Subject to subsection (5), sections 2.23 to 2.27 apply in respect of the preparation of a forest landscape plan to be established by an order made in accordance with a decision-making agreement.

If a decision-making agreement so provides, sections 2.23 to 2.27 do not apply in respect of an Indigenous governing body that is a party to the decision-making agreement in relation to a forest landscape plan to be established by an order made in accordance with the decision-making agreement.

Section 2.28 applies to a forest landscape plan established by an order made in accordance with a decision-making agreement.

The term of a forest landscape plan established by an order made in accordance with a decision-making agreement is the period of not less than 5 years and not more than 10 years specified in the order.

Decision-making agreement — statutory power of chief forester

2.52

This

section applies in respect of the power of the chief forester under

section 2.32 (1) to, by order, require the submission of plans, studies, analyses or information for the purposes of preparing or amending a forest landscape plan or preparing a report under

section 2.31.

If a decision-making agreement provides for the exercise of the power of the chief forester to make an order referred to in subsection (1),

the power must be exercised in accordance with the decision-making agreement, and

a reference in this Act or the regulations to the order is to be read as a reference to the order as made in accordance with the decision-making agreement.

Decision-making agreement — statutory power of minister

2.53

This

section applies in respect of the following powers of the minister:

the power under

section 2.38 (3) to relieve a person from the requirements under

section 2.38 (1) and (2) for the purposes of resubmitting a forest operations plan or an amendment to a forest operations plan;

the power under

section 2.45 (4) to exempt a person from a requirement under

section 2.45 (1) to amend a forest operations plan.

If a decision-making agreement provides for the exercise of a power of the minister referred to in subsection (1),

the power must be exercised in accordance with the decision-making agreement, and

a reference in this Act or the regulations to the power exercised by the minister is to be read as a reference to the power as exercised in accordance with the decision-making agreement.

Decision-making agreement — statutory power of decision of minister

2.54

This

section applies in respect of the following powers of the minister:

the power under

section 2.39 to approve a forest operations plan or an amendment to a forest operations plan;

the power under

section 2.43 to extend the term of a forest operations plan;

the power under

section 112 to impose, remove or vary conditions in respect of an approval of a forest operations plan or of an amendment to a forest operations plan.

Subject to subsection (3), if a decision-making agreement has been entered into in respect of a power of the minister referred to in subsection (1),

the power must be exercised in accordance with the decision-making agreement, and

a reference in this Act or the regulations to the power exercised by the minister is to be read as a reference to the power as exercised in accordance with the decision-making agreement.

The criteria set out in sections 2.39 (1) (

a) to (

c) and 2.4 (1) (

a) to (

c) apply to the granting of an approval of a forest operations plan or of an amendment to a forest operations plan in accordance with a decision-making agreement.

Section 2.39 (2) to (4) applies, with the necessary changes, to the imposition of conditions in respect of an approval of a forest operations plan or of an amendment to a forest operations plan in accordance with a decision-making agreement.

Section 79 applies to a correction of an approval granted under

section 2.39 (1) in accordance with a decision-making agreement, except that the reference in that

section to the person who made the determination is to be read as a reference to the minister.

A review required under

section 80 (1) of an approval granted under

section 2.39 (1) in accordance with a decision-making agreement must be conducted in accordance with the decision-making agreement.

A review referred to in subsection (6) may be conducted only if there is evidence that was not available at the time of the original determination.

Section 80 (2), (3) and (5) applies, with the necessary changes, to a review referred to in subsection (6).

The minister may extend the time limit for requiring a review referred to in subsection (6) before or after its expiry.

Unless a decision-making agreement so provides, sections 81 to 83.1 and 84 (1) do not apply with respect to

an approval granted under

section 2.39 (1) in accordance with the decision-making agreement, and

a decision made after completion of a review of the approval.

If a decision-making agreement provides that

section 81 applies with respect to an approval referred to in subsection (10) (

a) of this section,

a review required by the board under

section 81 (1) must be conducted in accordance with the decision-making agreement, and

the minister may extend the time limit for requiring a review referred to in paragraph (

a) of this subsection before or after its expiry.

Forest Stewardship Plan, Site Plan and Woodlot Licence Plan

Forest Stewardship Plan

Forest stewardship plan required

0.1

In this section:

agreement means any of the following agreements under the Forest Act :

a forest licence;

a tree farm licence;

a community forest agreement;

a timber licence;

a forestry licence to cut that is a major licence;

approved forest stewardship plan means a forest stewardship plan that is approved by the minister;

forest landscape area includes an area of land that was formerly a forest landscape area.

If land subject to an agreement is located outside a forest landscape area, the holder of the agreement must not do any of the following unless the holder holds an approved forest stewardship plan that includes a forest development unit that contains the land:

apply for a cutting permit to harvest timber on the land;

apply for a road permit to construct a road on the land;

harvest timber on the land;

construct a road on the land.

1.1

The holder of an agreement is exempt from subsection (1) (

c) and (

d) if the holder harvests timber or constructs roads in an area of land that is subject to a cutting permit or road permit issued before

the expiry of a forest stewardship plan that included a forest development unit containing the area subject to the permit, or

the removal of the holder as a party to a forest stewardship plan that included a forest development unit containing the area subject to the permit.

A timber sales manager may not do any of the following in relation to land located outside a forest landscape area unless the timber sales manager holds an approved forest stewardship plan that includes a forest development unit that contains the land:

invite applications for, or enter into, a timber sale licence that grants rights to harvest timber on the land;

a.1

issue a contract logging authorization;

issue to the holder of a timber sale licence or contract logging authorization a road permit to construct a road on the land;

construct a road on the land for access to an area to be harvested under a timber sale licence or contract logging authorization .

[Repealed 2008-4-15.]

A forest stewardship plan may apply to one or more of each of the following:

holders of agreements under the Forest Act ;

agreements under the Forest Act ;

areas of land located outside a forest landscape area that are, or will be, subject to an agreement under the Forest Act .

Exemption from forest stewardship plans

If a forest stewardship plan held by the holder of an agreement referred to in

section 3 (1) or by the timber sales manager referred to in

section 3 (2) does not apply to an area outside the forest development unit to which the plan pertains, in which area the holder or timber sales manager will harvest timber or construct a road, the holder or timber sales manager, as the case may be, is exempt in respect of the outside area from the requirement for a forest stewardship plan, but only for the following purposes:

harvesting timber to eliminate a safety hazard;

harvesting timber to facilitate the collection of seed, leaving an opening not greater than 1 ha;

removing felled trees from landings and road rights of way;

harvesting timber not exceeding a volume of 500 m 3 that, in the opinion of the minister,

is in danger of being significantly reduced in value, lost or destroyed, by insect infestation, fire or disease, or

has been treated or will be treated by the holder or timber sales manager to facilitate the entrapment or elimination of pests;

other prescribed purposes.

A person is not required to prepare a forest stewardship plan under

section 3 (1) or (2) for timber to be harvested or roads to be constructed if the timber harvesting or the road construction

is only for one or more of the purposes referred to in subsection (1) (

a) to (

e) of this section, or

is to be carried out in prescribed circumstances or under prescribed conditions.

Content of forest stewardship plan

A forest stewardship plan must

include a map that

uses a scale and format satisfactory to the minister, and

shows the boundaries of all forest development units,

specify intended results or strategies, each in relation to

objectives set by government,

i.1

if a portion of a forest development unit is within an area prescribed by the minister under

section 168.1, the objectives prescribed by the minister under that

section for prescribed resources and features in that area, and

other objectives that are established under this Act and that pertain to all or part of the area subject to the plan, and

conform to prescribed requirements.

1.1

The results and strategies referred to in subsection (1) (

b) must be consistent to the prescribed extent with objectives set by government and with the other objectives referred to in subsection (1) (b) (ii).

A forest stewardship plan must be consistent with timber harvesting rights granted by the government for any of the following to which the plan applies:

the timber supply area;

the community forest agreement area;

the tree farm licence area;

the pulpwood area.

A forest stewardship plan or an amendment to a forest stewardship plan must be signed by the person required to prepare the plan, if an individual or, if a corporation, by an individual or the individuals authorized to sign on behalf of the corporation.

Term of forest stewardship plan

The term of a forest stewardship plan

is the period, not exceeding 5 years, that the person submitting the plan for approval specifies at the time of submission, and

begins on the date specified in writing by the minister in approving the plan.

The minister by written notice given to the holder may extend the term of a forest stewardship plan, before or after it expires for an additional period not exceeding 5 years in the circumstances specified by regulation.

The extended forest stewardship plan may include changes to the extent authorized by regulation.

Repealed

[Repealed 2019-25-5.]

Mandatory amendments

The holder of a forest stewardship plan must propose and submit, for approval by the minister and in accordance with this section, an amendment to the plan if any of the following apply:

a forest development unit included in the plan is affected by any of the following events:

an amendment to this Act, the regulations or a prescribed enactment;

the establishment, variation or cancellation of an objective set by government or, if specified by regulation, another objective that is established under this Act;

the holder is required by either of the following to propose and submit an amendment to the plan:

the regulations;

an order made under subsection (2).

The minister may order the holder of a forest stewardship plan to propose and submit for approval an amendment to the plan if the minister considers that timber in or within the vicinity of a forest development unit included in the plan has suffered catastrophic damage.

An amendment required under this

section must address the following, as applicable:

an event referred to in subsection (1) (a);

a regulation referred to in subsection (1) (b);

a minister's order referred to in subsection (2).

An amendment required under this

section must be submitted within the following period, as applicable:

in the case of a plan amendment required under subsection (1) (a), the longer of

6 months from the date of the event referred to in that subsection, and

the period, if any, specified in the enactment or objective that relates to the event;

in the case of a plan amendment required by a regulation referred to in subsection (1) (b) (i), a period of 6 months or longer specified in the regulation;

in the case of a plan amendment required by an order referred to in subsection (2), the longer of

6 months from the date the order is made, and

the period, if any, specified in the order.

Proportional objectives

In prescribed circumstances, the minister may establish targets, in specified proportions between or among the holders of forest stewardship plans, for sharing the responsibility to obtain results consistent with objectives set by government.

Site Plans

Site plans for cutblocks and roads

Except in prescribed circumstances, the holder of a forest stewardship plan must prepare a site plan in accordance with prescribed requirements for any

cutblock before the start of timber harvesting on the cutblock, and

road before the start of timber harvesting related to the road's construction.

A site plan must

identify the approximate locations of cutblocks and roads,

be consistent with the forest stewardship plan, this Act and the regulations, and

identify how the intended results or strategies described in the forest stewardship plan apply to the site.

A site plan may apply to one or more cutblocks and roads whether within the area of one or more forest stewardship plans.

Repealed

[Repealed 2021-37-38.]

Woodlot Licence Plan

Woodlot licence plan required

0.1

In this section, approved woodlot licence plan means a woodlot licence plan that is approved by the minister.

The holder of a woodlot licence must not do any of the following on land within the woodlot licence area unless the holder holds an approved woodlot licence plan that includes the land:

apply for a cutting permit to harvest timber on the land;

apply for a road permit to construct a road on the land;

harvest timber on the land;

construct a road on the land.

1.1

The holder of a woodlot licence is exempt from subsection (1) (

c) and (

d) if the holder harvests timber or constructs roads in an area of land that is subject to a cutting permit or road permit issued before the expiry of a woodlot licence plan that included the area subject to the permit.

The holder of a woodlot licence may obtain a cutting permit or road permit only if it is consistent with a woodlot licence plan.

Despite subsections (1) and (2), the minister, in the circumstances and on the conditions, if any, that are prescribed may authorize the holder of a woodlot licence to obtain a cutting permit or road permit

to deal with a forest health emergency, or

to harvest timber that has been damaged and is in danger of being significantly reduced in value, lost or destroyed.

Content of woodlot licence plan

A woodlot licence plan must

include a map that

uses a scale and format satisfactory to the minister,

provides prescribed information about forest resources, and

iii

shows the boundaries of areas for which the woodlot licence plan specifies intended results or strategies,

except in prescribed circumstances, specify intended results or strategies, each in relation to

objectives set by government, and

other objectives that are established under this Act and that pertain to all or part of the area subject to the plan, and

conform to prescribed requirements.

A woodlot licence plan must be consistent with the objectives referred to in subsection (1) (b).

A woodlot licence plan need not be consistent with objectives set by government to the extent that those objectives pertain to

retention of old forest,

seral stage distribution,

landscape connectivity, or

temporal and spatial distribution of cutblocks.

A woodlot licence plan or an amendment to a woodlot licence plan must be signed by the person required to prepare the plan, if an individual or, if a corporation or band as defined in the Indian Act (Canada), by an individual or the individuals authorized to sign on behalf of the corporation or band.

Term of woodlot licence plan

The term of a woodlot licence plan

is 10 years, and

begins on the date specified in writing by the minister in approving the plan.

The minister must extend the term of a woodlot licence plan that conforms to prescribed requirements for an additional period of 10 years unless the holder, by written notice given to the minister at least 6 months before the expiry of the initial term, requests an extension for a specified shorter period, in which case the minister must extend the term for that shorter period.

Before or after the expiration of a woodlot licence plan that does not conform to the prescribed requirements referred to in subsection (2), the minister may extend the term of the plan for a period or periods not exceeding 2 years in total.

The extended woodlot licence plan may include changes to the extent authorized by regulation.

Amendments to a woodlot licence plan

In this section:

amendment means an amendment to a woodlot licence plan to make it consistent with an objective;

objective means

an objective set by government, and

an objective that is established under this Act

but does not include an objective referred to in

section 13 (3).

No later than 5 years after the date an objective is established, the holder of a woodlot licence plan that becomes inconsistent with an objective must submit an amendment to the minister for approval.

Despite subsection (2), the holder of a woodlot licence plan need not submit an amendment that pertains to a portion of the plan that is subject to

a cutting permit, or

a road permit

in effect immediately before the establishment of the objective.

3.1

Forest Operations Map

Publication of forest operations maps by forest stewardship plan holders

15.1

Subject to subsection (4) of this

section and

section 15.3, the holder of a forest stewardship plan may apply for a cutting permit or a road permit to construct a road only if the requirements under subsections (2) and (3) have been met.

Before applying for a cutting permit or a road permit to construct a road, the holder of a forest stewardship plan must do all of the following:

prepare a forest operations map that

shows, as applicable, the approximate location of the cutblock that is to be harvested or the proposed road that is to be constructed under the permit, and

conforms to prescribed requirements;

make the forest operations map publicly available, in accordance with the regulations, for review and comment;

prepare and submit to the government, in accordance with the regulations, a report on the public review and any comments made under paragraph (b).

If the holder of a forest stewardship plan intends to rely on a forest operations map under subsection (2) for the purposes of applying for a cutting permit or road permit, the holder must apply for the cutting permit or road permit, as applicable, within the longer of the following periods after making the forest operations map publicly available under subsection (2) (b):

2 years;

a prescribed period, if any.

Subsections (1) to (3) do not apply to an application for a cutting permit or road permit if timber is to be harvested under the cutting permit or roads are to be constructed under the road permit, as applicable, only for the following purposes:

a purpose set out in

section 4 (1) (

a) to (

c) or (d) (ii);

a prescribed purpose.

Publication of forest operations maps by timber sales managers

15.2

In this section, operating period means a period in a series of consecutive periods that is the longer of the following:

2 years;

a prescribed period, if any.

Subject to

section 15.3, a timber sales manager must do the following before the start of each operating period:

prepare a forest operations map that

shows the approximate locations of cutblocks that are to be harvested under timber sale licences for which the timber sales manager intends to invite applications during the operating period,

shows the approximate locations of areas that are to be subject to contract logging authorizations that the timber sales manager intends to issue during the operating period,

iii

shows the approximate locations of roads that the timber sales manager intends to construct during the operating period in order to access timber to be harvested under timber sale licences or contract logging authorizations, and

conforms to prescribed requirements;

make the forest operations map publicly available, in accordance with the regulations, for review and comment.

Nothing in this

section is intended to limit the authority of a timber sales manager

to invite applications for or issue a timber sale licence,

to issue a contract logging authorization, or

to construct a road.

Exemption from requirement to publish a forest operations map

15.3

The minister, in writing, may exempt a person from

section 15.1 or 15.2 if the minister considers that timber should be harvested without delay because the timber is in danger of being

damaged,

significantly reduced in value, or

lost or destroyed.

General

Approval of forest stewardship plan, woodlot licence plan or amendment

Subject to subsection (1.02), the minister must approve a forest stewardship plan or an amendment to a forest stewardship plan if satisfied of all of the following:

the plan meets the requirements set out in

section 5;

the person who submitted the plan has complied with

section 18 (1) and (2);

the person who submitted the plan has given sufficient consideration to

matters raised by Indigenous nations during engagement under

section 18 (1) (a), and

comments received from the public under

section 18 (1) (b).

1.01

[Repealed 2019-25-11.]

1.02

The minister may not under subsection (1) approve the following:

a forest stewardship plan if a portion of a forest development unit included in the plan would be within a forest landscape area or an area of land that was formerly a forest landscape area;

an amendment to a forest stewardship plan if, as a result of the amendment, a portion of a forest development unit included in the plan would be within a forest landscape area or an area of land that was formerly a forest landscape area.

1.1

The minister must approve a woodlot licence plan or an amendment to a woodlot licence plan if it conforms to

section 13.

1.2

[Repealed 2019-25-11.]

A forest stewardship plan, a woodlot licence plan or an amendment to either that is submitted to the minister for approval must be considered to have conformed to this Act, the regulations, the standards and the objectives set by government if the plan or amendment conforms to the relevant provisions of this Act, the regulations, the standards and the objectives as they were 4 months before the date of the submission of the plan or amendment to the minister.

2.01

The Lieutenant Governor in Council, by order, may declare that a forest stewardship plan, a woodlot licence plan or an amendment to either that is submitted to the minister for approval, despite subsection (2), must immediately conform to some or all of this Act, the regulations, the standards and the objectives set by government as set out in the order.

2.1

Except in prescribed circumstances, before approving a plan or amendment, the minister may require the holder of a proposed plan or amendment to submit information that the minister reasonably requires in order to determine if the proposed plan or amendment conforms to subsection (1) or (1.1), whichever is applicable.

The minister must give written reasons for refusing to approve a forest stewardship plan, a woodlot licence plan or an amendment to either.

4) and (5

[Repealed 2019-25-11.]

Approval in emergency cases

If the minister determines that timber subject to a forest stewardship plan, a woodlot licence plan, or an amendment to either should be harvested without delay because it is in danger of being damaged, significantly reduced in value, lost or destroyed, the minister, in prescribed circumstances, may approve the plan or amendment even though the plan or amendment does not comply with

section 16.

Engagement on and review of forest stewardship plans

A person must not submit to the minister for approval a forest stewardship plan, or an amendment to a forest stewardship plan, unless the person has done the following, in accordance with the regulations:

made reasonable efforts to engage with Indigenous nations affected by the plan;

made the plan publicly available for review and comment.

In submitting a forest stewardship plan or amendment to the minister for approval, the person submitting the plan or amendment must include the following:

a

summary of the engagement referred to in subsection (1) (

a) and a description of any changes made to the plan to address matters raised by Indigenous nations;

a

summary of the public review and comment referred to in subsection (1) (

b) and a description of any changes made to the plan to address comments received from the public.

If the minister requests a person to resubmit a forest stewardship plan or amendment to address changes requested by the minister, the minister may relieve the person from the requirements under subsections (1) and (2) for the purposes of resubmitting the plan or amendment.

Repealed

[Repealed 2021-37-42.]

Minor amendments to forest stewardship and woodlot licence plans

Despite

section 16, except in prescribed circumstances, an approval is not required to amend a forest stewardship plan or a woodlot licence plan if its holder determines that

the proposed amendment

conforms to

section 5, for an amendment to a forest stewardship plan, or to

section 13, for an amendment to a woodlot licence plan, and

does not materially change the intended results or strategies specified in the plan, or

the proposed amendment conforms to prescribed requirements.

The holder of a forest stewardship plan or a woodlot licence plan must provide the district manager with a copy of the amendment as soon as practicable after it has been incorporated in the plan.

The minister may take action in accordance with the regulations if the minister considers that the decision under subsection (1) was wrongly made.

Repealed

20.1

[Repealed 2021-37-42.]

2.1

General Provisions Relating to Forest Operations Plans, Forest Stewardship Plans and Woodlot Licence Plans

Definitions

Definitions for

Part 2.1

20.2

In this Part:

licence area , in relation to a timber sale licence, means the area of land subject to the licence;

permit area , in relation to a cutting permit or road permit, means the area of land subject to the permit;

plan area means,

in relation to a forest operations plan, the forest operations area, and

in relation to a forest stewardship plan or woodlot licence plan, the area to which the plan applies.

Compliance with Plans

Compliance with forest operations plans

20.21

The holder of a forest operations plan must do the following:

comply with the requirements included in the plan;

comply with any other provision in the plan that relates to a requirement referred to in paragraph (a).

Subject to subsection (4), if a forest operations plan expires, the obligation under subsection (1) continues to apply to the person who held the expired plan in relation to the requirements and other provisions in the plan as they read immediately before the plan expired.

Subject to subsection (4), if a forest operations plan is amended to remove a person as a holder of the plan, the obligation under subsection (1) continues to apply to the person in relation to the requirements and other provisions in the plan as they read immediately before the person was removed as a holder.

A person is not required to comply with an obligation that continues under subsection (2) or (3) if

the person holds another forest operations plan that applies to the same area to which the obligation relates, and

the other forest operations plan includes a requirement or other provision that is identified as being a replacement for the requirement or other provision to which the obligation relates.

For the purposes of an obligation that continues under subsection (2) or (3), a requirement or other provision referred to in subsection (1) may, as applicable, be amended as if

the forest operations plan had not expired, or

the person had not been removed as a holder of the forest operations plan.

Compliance with forest stewardship plans and woodlot licence plans

20.22

The holder of a forest stewardship plan or woodlot licence plan must do the following:

ensure that the intended results specified in the plan are achieved;

carry out the strategies described in the plan;

comply with any other provision in the plan that relates to a result or strategy referred to in paragraph (

a) or (b).

Subject to subsection (4), if a forest stewardship plan or woodlot licence plan expires, the obligation under subsection (1) continues to apply to the person who held the expired plan in relation to the results, strategies and other provisions in the plan as they read immediately before the plan expired.

Subject to subsection (4), if a forest stewardship plan is amended to remove a person as the holder of the plan, the obligation under subsection (1) continues to apply to the person in relation to the results, strategies and other provisions in the plan as they read immediately before the person was removed as a holder.

A person is not required to comply with an obligation that continues under subsection (2) or (3) if

the person holds another forest stewardship plan or woodlot licence plan, or a forest operations plan, that applies to the same area to which the obligation relates, and

that other plan includes a provision that is identified as being a replacement for the result, strategy or other provision to which the obligation relates.

For the purposes of an obligation that continues under subsection (2), a result, strategy or other provision referred to in subsection (1) may be amended as if the forest stewardship plan or woodlot licence plan had not expired.

Protection of Cutting Permits, Road Permits and Timber Sale Licences

Plans that apply to issued permits, licences and authorizations

20.23

If a forest operations plan, forest stewardship plan or woodlot licence plan applies to a portion of the permit area of a cutting permit or road permit on the following date, the plan, as it read on that date, continues to apply in relation to the activities carried out under the permit in the portion despite any subsequent amendment, replacement or expiration of the plan:

unless paragraph (

b) applies, the date on which the permit is issued;

if the portion was added to the permit area by an amendment to the permit, the date on which the permit was amended.

If a forest operations plan or forest stewardship plan applies to the licence area of a timber sale licence on the date the licence is advertised, the plan, as it read on that date, continues to apply to the licence area despite any subsequent amendment, replacement or expiration of the plan.

If a forest operations plan or forest stewardship plan applies to a portion of an area that is subject to a contract logging authorization on either of the following dates, as applicable, the plan, as it read on the applicable date, continues to apply in relation to the activities carried out under the authorization in the portion despite any subsequent amendment, replacement or expiration of the plan:

unless paragraph (

b) applies, the date on which the authorization is issued;

if the portion was added to the area by an amendment to the authorization, the date on which the authorization was amended.

Exemption from requirement to amend operational plan

20.24

The requirement under

section 2.45 (1), 8 (1) or 15 (2) to propose and submit amendments to a forest operations plan, forest stewardship plan or woodlot licence plan, as applicable, does not apply to a portion of the plan area if

the portion is

a permit area of a cutting permit or road permit,

a licence area of a timber sale licence, or

iii

an area subject to a contract logging authorization,

a road referred to in

section 20.27 exists on the portion, or

the portion conforms to prescribed criteria.

Miscellaneous

Planning documents made available to the public

20.25

In this section, plan means any of the following:

a forest operations plan;

a forest stewardship plan;

a woodlot licence plan;

a site level plan referred to in

section 2.52;

a site plan referred to in

section 10.

A person, other than a timber sales manager, who holds a plan must make the plan publicly available in accordance with the regulations.

A timber sales manager who holds a plan must publish the plan on a ministry website.

Additional parties to plans

20.26

Subject to subsections (2) and (3), if a forest operations plan, forest stewardship plan or woodlot licence plan has been approved by the minister, a person may be added or removed as a party to the plan only if an amendment to add or remove the person as a party to the plan is approved by the minister.

Unless the regulations provide otherwise, a forest operations plan may be held only by one person.

A woodlot licence plan may be held only by the holder of the woodlot licence to which the plan relates.

Roads constructed by minister for accessing timber sale licences and contract logging authorizations

20.27

An approval or refusal to approve a forest operations plan, a forest stewardship plan or an amendment to a forest operations plan or forest stewardship plan does not affect the minister's discretion under

section 121 of the Forest Act to construct a road to provide access to an area to be harvested under a timber sale licence or contract logging authorization .

Forest Practices

Repealed

[Repealed 2021-37-44.]

Roads

Definitions for Division 2

21.1

In this Division:

construct , in relation to a road, includes to modify the road;

forest resource road means a road, other than a road referred to in subsection (2), that is

on Crown land in a Provincial forest,

outside a Provincial forest and for the purpose of providing access to timber on Crown land,

on private land that is subject to an agreement under the Forest Act , or

subject to a requirement for a special use permit;

major culvert has the prescribed meaning;

modify , in relation to a road, includes

to widen the running surface of the road,

to realign or reconstruct a portion of the road, and

to install or replace a bridge or major culvert associated with the road;

natural resource development purpose , in relation to a road, means use of the road for any of the following purposes:

developing a natural resource other than timber;

transporting a natural resource other than timber;

transporting equipment, materials or personnel associated with an activity referred to in paragraph (

a) or (b);

right of way , in relation to a road, means one of the following:

unless paragraph (

b) applies, the Crown land in the area that is

the length of the road, and

37.5 metres on each side of the centre line of the road;

if a road permit shows or describes the road corridor in which the road may be constructed, the Crown land in that road corridor;

road prism , in relation to a road, means the area consisting of

the road surface, and

any cut slope and road fill;

significant road work , in relation to a forest service road, means the following:

modifying the forest service road;

constructing works in the road prism or right of way of the forest service road;

connecting a road to the forest service road;

silviculture purpose , in relation to a road, means use of the road for either of the following purposes:

providing access for tree planting that requires more than 12 months to complete;

transporting machinery associated with silviculture treatments;

timber harvesting purpose , in relation to a road, means use of the road for any of the following purposes:

timber harvesting;

transporting timber;

transporting equipment, materials or personnel associated with an activity referred to in paragraph (

a) or (b).

The following roads are excluded from the definition of "forest resource road" in subsection (1):

a forest service road;

a road authorized under the Land Act ;

a provincial public highway within the meaning of the Transportation Act ;

a road constructed or maintained under the Community Charter ;

a road constructed or maintained under the Pipeline Act , before the repeal of that Act.

Restriction on use, construction, maintenance and deactivation of roads

[Repealed 2021-37-48.]

A person must not use, construct, maintain or deactivate a road except in accordance with this Act, the regulations, the standards and any forest operations plan, forest stewardship plan or woodlot licence plan, if the road is

a forest service road, or

a forest resource road.

c) and (d

[Repealed 2021-37-48.]

Use of forest service roads for timber harvesting, silviculture or natural resource development purposes

22.1

A person must not use a forest service road for a timber harvesting purpose, silviculture purpose or natural resource development purpose unless one of the following applies:

the person is authorized to use the road under a road use permit;

the person is granted an exemption under subsection (2).

The minister may grant an exemption to a person for the purposes of subsection (1) (

b) if satisfied that the person's use of the forest service road will not

unnecessarily impact forest resources,

materially affect the use of the road by others, or

materially increase the need for road maintenance.

A person granted an exemption under subsection (2) must comply with any conditions of the exemption imposed by the minister.

Subsection (1) does not apply to a person if the person's use of the forest service road is related to operations associated with an agreement under the Range Act .

Use of forest resource roads for timber harvesting, silviculture or natural resource development purposes

22.11

A person must not use a forest resource road for a timber harvesting purpose or silviculture purpose unless one of the following applies:

the person is authorized to use the road under

a road permit,

a cutting permit,

iii

a woodlot licence,

a timber sale licence, or

a forestry licence to cut;

the road is authorized under any of the following held by another person:

a permit or licence referred to in paragraph (a) (

i) to (iv);

a special use permit;

the person is granted an exemption under subsection (3).

A person must not use a forest resource road for a natural resource development purpose unless one of the following applies:

the person is authorized to use the road under a special use permit;

the road is authorized under any of the following held by another person:

a road permit;

a woodlot licence;

iii

a special use permit;

the road

was constructed under the authority of the Coal Act , Mineral Tenure Act , Mines Act or Mining Right of Way Act ,

is located within the boundary of a claim, lease, permit or other authorization granted or issued under

an Act specified in subparagraph (i), and

iii

is being used for the purposes of developing a natural resource, other than timber, under the applicable authorization specified in subparagraph (ii);

the road is authorized under the Geothermal Resources Act or Petroleum and Natural Gas Act ;

the person is granted an exemption under subsection (3).

The minister may grant an exemption to a person for the purposes of subsection (1) (

c) or (2) (

e) if satisfied that the person's use of the forest resource road will not unnecessarily impact forest resources.

A person who is granted an exemption under subsection (3) must do the following:

maintain the road, for the duration of the person's use of the road, in accordance with the regulations and any applicable forest operations plan, forest stewardship plan or woodlot licence plan;

comply with any conditions of the exemption imposed by the minister.

Subsection (1) does not apply to a person if the person's use of the forest resource road is for a timber harvesting purpose related to operations associated with an agreement under the Range Act .

Notice of use of forest service road or road authorized under permit or licence

22.12

A person who intends to use a forest service road for a timber harvesting purpose, silviculture purpose or natural resource development purpose must provide notice to the following, in accordance with subsection (3):

the minister;

if applicable, the holder of a road use permit to whom the obligation to maintain the forest service road has been transferred.

If a road is authorized under any of the following permits or licences, a person who intends to use the road for a timber harvesting purpose, silviculture purpose or natural resource development purpose must provide notice to the holder of the permit or licence, in accordance with subsection (3):

a road permit;

a cutting permit;

a woodlot licence;

a timber sale licence;

a special use permit.

A notice required under subsection (1) or (2) must

be given on or before the earlier of the following:

the date that is 6 days before the date on which the person will begin to use the road;

the prescribed date, if any,

be given in the prescribed form and manner, if any, and

specify the date on which the person will begin using the road.

Subsections (1) and (2) do not apply to a person if the person's use of the road is related to operations associated with an agreement under the Range Act .

Non-industrial use of a road

22.2

Subject to subsections (2) to (4) and to regulations respecting roads made under the Industrial Roads Act , a road that is

a forest service road, or

authorized under a road permit or a woodlot licence

may be used by any person without charge for a purpose other than a timber harvesting purpose, silviculture purpose or natural resource development purpose.

The

district manager, for a forest service road, or

holder of a road permit or a woodlot licence, for a road under the permit or licence,

may take action under subsection (3) if

use of the road under subsection (1) would likely

cause significant damage to the road,

cause significant sediment delivery, or

iii

endanger property, public health or public safety, or

the presence on the road of a vehicle or animal would likely cause damage to the road or environment or endanger life or property.

In the circumstances described in subsection (2),

the district manager, for a forest service road, may

close the road or restrict its use, or

remove a vehicle or an animal from the road at the expense of the owner of the vehicle or animal, and

the holder of a road permit or a woodlot licence, for a road under the permit or licence,

with the prior consent of the minister, may close the road or restrict its use, or

may remove a vehicle or an animal from the road at the expense of the owner of the vehicle or animal.

The minister, in accordance with the regulations, may specify types of expenses that must be paid to

government for a road referred to in subsection (1) (a),

a holder of a permit or licence referred to in subsection (1) (b), or

other persons who meet prescribed requirements

by a person who uses a road or class of roads for a purpose other than a timber harvesting purpose, silviculture purpose or natural resource development purpose.

Notice of requirement for payment by user of road

22.3

0.1

In this section, person responsible for maintaining a road means the following:

in relation to a road authorized under a road permit, the holder of the permit;

in relation to a road authorized under a woodlot licence, the holder of the licence;

in relation to a forest service road, the holder of a road use permit to whom the obligation to maintain the forest service road has been transferred, if applicable;

in relation to a prescribed forest service road, the minister.

By written notice in accordance with this section, the person responsible for maintaining a road may require payment, within the limits imposed under subsection (2) (b), from a person who uses the road for

a timber harvesting purpose, silviculture purpose or natural resource development purpose, or

a prescribed purpose.

1.1

The holder of a road use permit to whom the obligation to maintain a forest service road has been transferred may give a notice under subsection (1) in relation to the forest service road only in the prescribed circumstances.

A written notice under subsection (1) must specify

that payment is required, and

the amount of the payment, which amount must be limited to one or more of the following:

a reasonable contribution to the expense of maintaining the road;

the reasonable expense of modifying the road to accommodate the special needs of the person;

iii

the reasonable expense of repairing any damage to the road caused by the person's use of the road.

Subject to subsection (3.1), if a person responsible for maintaining a road who gives a written notice under subsection (1) and the person who receives the notice do not agree on what amount of payment should be required, the person responsible for maintaining the road and the person who received that notice must submit that question for resolution

by an agreed process of dispute resolution, or

by binding arbitration under the Arbitration Act .

3.1

Subsection (3) does not apply in respect of an amount specified in a notice given by the minister in respect of a forest service road.

A person who receives a written notice under subsection (1) is liable to the person who gave the notice for payment of the amount that is

specified in the notice, or

determined under subsection (3) in a case to which that subsection applies.

Repealed

[Repealed 2021-37-55.]

Significant road work in relation to forest service roads

23.1

A person must not carry out significant road work in relation to a forest service road unless one of the following applies:

the person is authorized under subsection (2) by the minister to carry out the significant road work;

the person is authorized under the regulations to carry out the significant road work.

The minister may, on application, authorize a person to carry out significant road work in relation to a forest service road.

The minister, in granting an authorization under subsection (2), may impose under

section 112 (1) one or more of the following conditions:

that the person give an indemnity to the government for losses or damages sustained by the government, or for claims for losses or damages made against the government, arising out of the significant road work;

that the person obtain and maintain insurance.

If a person is authorized under subsection (2) to carry out significant road work in relation to a forest service road, the minister may authorize the person to use sand, gravel, rock or other materials in the road right of way for the purposes of carrying out the significant road work.

Nothing in subsection (3) of this

section limits the discretion of the minister under

section 112 (1) to attach a condition to an authorization granted under subsection (2) of this section.

Order to deactivate road

23.2

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

An order made under subsection (1) must specify the following:

the location of the road;

the date by which the deactivation must be completed.

Exemption from deactivating road

23.3

The minister may exempt the holder of an agreement under the Forest Act from a requirement under this Act or the Forest Act that relates to the deactivation of a road authorized or constructed under the agreement.

In determining whether to exempt a holder under subsection (1), the minister must consider the following:

public safety;

human health and the environment;

social and resource values;

impacts on communities.

Section 42 of Transportation Act does not apply

Section 42 (1) of the Transportation Act does not apply to public money spent on the following:

a forest service road;

a road authorized under an agreement under the Forest Act ;

a road authorized under a special use permit;

a road constructed or maintained under

section 121 of the Forest Act by the minister responsible for that Act;

any other road constructed or maintained under

this Act,

the Forest Act ,

iii

the former Act as defined in

section 1 of the Forest Act , or

the Forest Practices Code of British Columbia Act .

A road referred to in subsection (1) does not become a public highway under the common law as result of public money being spent on the road.

Forest Health

Sanitation exemption

The minister may exempt a person in writing from specified provisions of this Act, the regulations or the standards if the minister considers it necessary or desirable so that the person may follow a course of action specified by the minister for the purposes of limiting or mitigating or both limiting and mitigating the spread of forest pests.

Control of insects, diseases, animals or abiotic factors

If the minister determines that a forested area on private land is being damaged by insects, diseases, animals or abiotic factors, the minister, by written notice given to the owner, may require the owner to submit, for that forested area, a proposal that conforms to subsection (3) to control or dispose of the insects, diseases, animals or abiotic factors.

If the minister determines that on a forested area on Crown land that is subject to

a forest operations plan,

a.1

a forest stewardship plan,

a woodlot licence plan, or

another prescribed operational plan

there are insects, diseases, animals or abiotic factors that are causing damage to the forest, the minister, by written notice given to the holder of the plan, may require the holder to submit, for that forested area, a proposal that conforms to subsection (3) to control or dispose of the insects, diseases, animals or abiotic factors.

An owner required under subsection (1), or a holder required under subsection (2), to submit a proposal must

submit the proposal to the minister within the period specified by the minister,

in the proposal, specify reasonable measures to be carried out for that forested area by the owner or holder, as the case may be, to control or dispose of the insects, diseases, animals or abiotic factors, and

state the time frame within which the measures are to be completed.

The minister may approve or reject a proposal received in response to the minister's written notice given under subsection (1) or (2).

If the minister approves a proposal under subsection (3), the owner or holder who made the proposal must carry out the measures specified in the proposal.

By order, given to

an owner of private land referred to in subsection (1), or

a holder of a plan referred to in subsection

(2) who does not submit a proposal as required under subsection (1) or (2) or who does not comply with subsection (5), the minister may require the owner or holder to carry out measures specified in the order by a date specified in the order.

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

a provision of this Act, the regulations or the standards;

a provision of an agreement under the Forest Act ;

a provision of the Forest Act that requires the owner or holder to

obtain a cutting permit, or

comply with a provision referred to in paragraph (b);

c.1

a provision of a forest operations plan;

a provision of a forest stewardship plan;

a provision of a woodlot licence plan.

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

If a proposal approved, or an order made, by the minister under this

section requires the holder of an agreement under the Forest Act to carry out a measure other than timber harvesting, then to the extent provided in the regulations, the expenses of the measure are to be paid by the government.

Forest health emergency

If the Lieutenant Governor in Council considers that a forest health emergency exists in an area of Crown land or private land, he or she may designate the area by regulation as a forest health emergency management area.

The minister may order

the holder of an agreement under the Forest Act that authorizes timber harvesting in the emergency management area, or

the timber sales manager

to carry out measures in the emergency management area, limited in the case of the holder, to the area of the holder's agreement, to prevent, contain or limit the spread of forest health factors.

An order under subsection (2) must specify

the measures to be carried out,

the date by which the measures must be completed, and

the person's right to a review under

section 80 or to an appeal under

section 82.

A person is exempt from a provision referred to in

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

If an order made by the minister under this

section requires the holder of an agreement under the Forest Act or the timber sales manager to carry out a measure other than timber harvesting, then to the extent provided in the regulations, the expenses of the measure are to be paid by the government.

Silviculture and Gene Resources

Property in trees

Trees established on Crown land under

section 29 or 30 of this Act are the property of the government.

Free growing stands

0.1

The holder of an agreement within the meaning of

section 2.2 who harvests timber to which a forest operations plan applies must establish, in accordance with the plan, the prescribed requirements and the standards, a free growing stand on those portions of the area of the harvest that are in the net area to be reforested.

The holder of an agreement within the meaning of

section 3 who harvests timber to which a forest stewardship plan applies must establish, in accordance with the plan, the prescribed requirements and the standards, a free growing stand on those portions of the area of the harvest that are in the net area to be reforested.

A timber sales manager who is the holder of a forest operations plan or forest stewardship plan must establish, in accordance with the plan, the prescribed requirements and the standards, a free growing stand on those portions of the area of the harvest under the plan that are in the net area to be reforested.

A holder of a woodlot licence who harvests timber under the licence must establish a free growing stand on those portions of the area of the harvest that are in the net area to be reforested in accordance with

the woodlot licence plan, if any, that is pertinent to the licence,

the prescribed requirements, and

the standards.

[Repealed 2003-55-18.]

5) to (10

[Repealed 2004-36-89.]

Transfer of obligation to establish a free growing stand

29.1

A person who, under

section 29 or

Part 11, has an obligation to establish a free growing stand may transfer the obligation to another person by agreement if

the agreement to transfer is in writing,

the transfer meets the prescribed requirements, and

the parties to the agreement submit it to the minister and the minister approves it.

An agreement referred to in subsection (1) has no effect if it does not receive the minister's approval under subsection (1) (c).

A person to whom an obligation to establish a free growing stand was transferred by agreement under this

section may transfer the obligation by agreement to another person if

the latter agreement to transfer is in writing,

the transfer meets the prescribed requirements, and

the parties to the latter agreement submit it to the minister and the minister approves it.

An agreement referred to in subsection (3) has no effect if it does not receive the minister's approval under subsection (3) (c).

Without limiting subsections (1) (

b) and (3) (b), the transfer must include the stocking requirements that pertain to the area.

A person to whom an obligation to establish a free growing stand is transferred under this

section may amend the stocking requirements that pertain to the area.

If the minister approves an agreement under subsection (1) (

c) or (3) (c), the person who transferred the obligation is no longer required, as of the date of the approval, to meet the obligation.

If the minister approves an agreement under subsection (1) (

c) or (3) (

c) and the person to whom the obligation is transferred is the holder of an agreement listed in

section 12 of the Forest Act ,

the transferred obligation is conclusively deemed to be an obligation under the holder's agreement, and

any security provided in respect of the holder's agreement is conclusively deemed to be security for the purposes of the transferred obligation,

except in prescribed circumstances.

Free growing stands for non-replaceable licences

In this section, licence holder means a person who

is the holder of a timber licence, forestry licence to cut, non-replaceable forest licence, non-replaceable woodlot licence or non-replaceable timber sale licence,

is not the holder of a replaceable tree farm licence or a replaceable forest licence,

has an obligation under

section 29 to establish a free growing stand on an area harvested under the timber licence, forestry licence to cut, non-replaceable forest licence, non-replaceable woodlot licence or non-replaceable timber sale licence, and

meets prescribed requirements, if any.

A licence holder may request that the government assume responsibility for carrying out the obligation under

section 29 to establish a free growing stand

by notice given to the district manager, or

by notice given to the timber sales manager if the licence is a

non-replaceable forest licence, or

forestry licence to cut

that is a BC timber sales agreement.

By notice given to a licence holder within a prescribed period after the holder has made a request under subsection (2), the district manager or timber sales manager in the case of a BC timber sales agreement, may assume on behalf of the government the responsibility for establishing the free growing stand if all of the following requirements have been met:

the licence holder has completed timber harvesting on the area and the district manager or a timber sales manager in the case of a BC timber sales agreement, is satisfied with the way the timber harvesting has been carried out;

the district manager or a timber sales manager in the case of a BC timber sales agreement is satisfied that the licence holder

is in compliance with this Act, regulations and standards with respect to the area, or

has remedied any contraventions of this Act, regulations or standards on the area that the minister required to be remedied;

the licence holder has paid the government an amount that the district manager or a timber sales manager in the case of a BC timber sales agreement determines will pay the costs of establishing the free growing stand and any other directly or indirectly associated costs;

other prescribed requirements.

Money collected by the government under subsection (3) must be paid into the Silviculture Payments Sub-account of the Forest Stand Management Fund special account established by the Special Accounts Appropriation and Control Act .

A licence holder to whom notice has been given within the prescribed period referred to in subsection (3) ceases to be responsible for the obligation under

section 29 to establish a free growing stand on the first date, after completion of timber harvesting, as described in subsection (3) (a), on which the requirements set out or referred to in subsection (3) (

b) to (

d) have all been fulfilled.

Compensation is not payable to the government or licence holder for any difference between the amount paid under subsection (3), and the actual costs incurred by the government both directly and indirectly to establish the free growing stand.

A receipt of a request under subsection (2) does not require

the district manager, or

the timber sales manager

to assume, on behalf of government, the obligation under

section 29 to establish a free growing stand.

Seed

A person required to establish a free growing stand must ensure that seed used for that purpose conforms to prescribed requirements.

Stocking standards

31.1

In prescribed circumstances, the chief forester may, by order, require the holder of a forest stewardship plan to comply with stocking standards set out in the order.

In making an order under subsection (1), the chief forester may exempt the holder of the forest stewardship plan from a stocking standard set out in the plan or the regulations on the condition that the holder complies with the stocking standards set out in the order.

Range

Range Use Plan and Range Stewardship Plan

Range use plan and range stewardship plan required

Before the holder of an agreement under the Range Act grazes livestock or cuts hay on Crown range to which the agreement applies, the holder must prepare, and obtain the minister's approval of,

a range use plan, or

if subsection (2) applies, a range stewardship plan

that includes the area on which the grazing or hay cutting will occur.

The minister may authorize the holder of an agreement under the Range Act to prepare a range stewardship plan

that does not include the matters described in

section 35 (2) if satisfied that the holder has demonstrated competence in the management of Crown range for at least 2 years, or

that includes the matters described in

section 35 (2), if satisfied that the holder has demonstrated competence in the management of Crown range for at least 5 years.

Without restricting subsection (2), in determining whether a person has demonstrated competence the minister must consider

the person's performance record,

the condition of the Crown range to which the range stewardship plan would apply, and whether the person has maintained or improved forage quality and quantity on the Crown range, and

prescribed matters.

Unless a holder of an agreement under the Range Act is notified by the minister that he or she is considering matters preliminary to granting an authorization under subsection (2), the minister is deemed to have authorized the holder under subsection (2) in respect of a range stewardship plan for an area if the holder

has a range stewardship plan for the area that is in effect, and

is preparing a range stewardship plan that is consistent with the range stewardship plan in effect in respect of including or not including the matters described in

section 32 (2).

Content of range use plan for grazing

A range use plan for grazing of livestock must

include a map of a scale and format satisfactory to the minister that

shows the area for the agreement under the Range Act that pertains to the plan,

specifies the location and type of range developments in that area, and

iii

specifies the pastures that are in that area,

include a

schedule that describes for each pasture to be used for grazing of livestock,

the livestock class,

the number of livestock, and

iii

the period of use,

specify actions to be carried out in the area under the plan to deal with issues identified by the minister,

conform to prescribed requirements, and

be consistent with objectives set by government and other objectives that are established under this Act and that pertain to all or part of the area subject to the plan.

A range use plan for grazing of livestock or an amendment to a range use plan for grazing of livestock must be signed by the person required to prepare the plan, if an individual or, if a corporation, by an individual or the individuals authorized to sign on behalf of the corporation.

Content of a range use plan for hay cutting

A range use plan for hay cutting, must

include a map of a scale and format satisfactory to the minister that

shows the area for the agreement under the Range Act that pertains to the plan,

specifies the location and type of range developments in that area, and

iii

the areas for hay cutting,

include a

schedule that describes for each area to be used for hay cutting

the average stubble height for the area to be cut, and

the period of hay cutting,

specify actions to be carried out in that area to deal with issues identified by the minister,

conform to prescribed requirements, and

be consistent with objectives set by government and other objectives that are established under this Act and that pertain to all or part of the area subject to the plan.

A range use plan for hay cutting or an amendment to a range use plan for hay cutting must be signed by the person required to prepare the plan, if an individual or, if a corporation, by an individual or the individuals authorized to sign on behalf of the corporation.

Content of range stewardship plan

A range stewardship plan must

include a map of a scale and format satisfactory to the minister that

shows the area for the agreement under the Range Act that pertains to the plan,

specifies the location and type of range developments in that area, and

iii

specifies the pastures that are in that area,

specify actions to be carried out in the area under the plan to deal with issues identified by the minister,

conform to prescribed requirements, subject to subsection (2), and

be consistent with objectives set by government and other objectives that are established under this Act and that pertain to all or part of the area subject to the plan.

If the minister is satisfied as set out in

section 32 (2) (

b) as to the competence of the holder of a range stewardship plan or an amendment to a range stewardship plan the holder of the plan may specify intended results or strategies to achieve them.

The intended results or strategies specified under subsection (2) may differ from the prescribed requirements referred to in subsection (1) as the minister, at the time of approval of the plan, considers to be appropriate in the circumstances.

A range stewardship plan or an amendment to a range stewardship plan must be signed by the person required to prepare the plan, if an individual or, if a corporation, by an individual or the individuals authorized to sign on behalf of the corporation.

Term of range use plan and range stewardship plan

The term of a range use plan or range stewardship plan is the period, not exceeding 5 years, that the minister specifies at the time of approval.

Despite subsection (1), the minister, in the circumstances and on the conditions, if any, that are prescribed may extend the term of a range use plan or range stewardship plan for an additional period not exceeding 5 years.

The extended range use plan or extended range stewardship plan may include changes to the extent authorized by regulation.

Approval of a range use plan or range stewardship plan

The minister must approve a range use plan, a range stewardship plan or an amendment to either if the minister determines that the plan or amendment

is consistent with the agreement under the Range Act that pertains to the plan, and

conforms to this Act, the regulations and the standards.

A range use plan, a range stewardship plan or an amendment to either that is submitted to the minister for approval must be considered to have conformed to this Act, the regulations, the standards and the objectives set by government if the plan or amendment conforms to the relevant provisions of this Act, the regulations, the standards and the objectives as they were 4 months before the date of the submission of the plan or amendment to the minister.

2.1

The Lieutenant Governor in Council, by order, may declare that a range use plan, a range stewardship plan or an amendment to either that is submitted to the minister for approval, despite subsection (2), must immediately conform to some or all of this Act, the regulations, the standards and the objectives set by government as set out in the order.

The minister or the person seeking approval of a range use plan, a range stewardship plan or an amendment to either may refer the plan to an advisory committee for its recommendations, and the minister may consider those recommendations when making a determination under subsection (1).

The minister must give reasons for refusing to approve a range use plan, a range stewardship plan or an amendment to either.

Mandatory amendments

The holder of a range stewardship plan that includes the matters described in

section 35 (2), must ensure that the strategies or actions specified in the plan continue during the term of the plan to be sufficient to achieve the intended results specified in the plan.

The holder of

a range stewardship plan that does not include the matters described in

section 35 (2), or

a range use plan

must ensure that the actions specified in the plan to deal with issues identified by the minister continue during the term of the plan to be sufficient to deal with those issues.

The holder of a range stewardship plan described in subsection (1) who knows or reasonably ought to know that the strategies or actions specified in the plan, are not sufficient to achieve the intended results specified in the plan, must prepare and submit to the minister an amendment to the plan so that the plan, as approved, is sufficient to achieve those intended results.

The holder of a range stewardship plan described in subsection (2) (

a) or a range use plan mentioned in subsection (2) (

b) who knows or reasonably ought to know that the actions specified in the plan are not sufficient to deal with issues identified by the minister must amend the plan so that it is sufficient to deal with those issues.

The holder of a range use plan or range stewardship plan, if and as directed by order of the minister, must prepare and submit an amendment to the plan to take into account prescribed circumstances.

Cumulative impacts require plan amendment

At the request of a holder of an agreement under the Range Act , the minister may determine whether range use plans or range stewardship plans held by other holders of agreements under the Range Act prevent or are likely to prevent the holder making the request from

exercising the holder's rights under the holder's own agreement, or

achieving a requirement of the holder's own range use plan or range stewardship plan.

If the determination under subsection (1) is that the requesting holder is prevented or is likely to be prevented from doing the things described in subsection (1) (

a) or (b), the minister by order may require one or more of the other holders of agreements referred to in subsection (1) to prepare and submit for the minister's approval the appropriate amendments to one or more range use or range stewardship plans so that the holder making the request does not continue to be prevented from doing those things.

Before making a determination under this section, the minister must give the holders of range use plans or range stewardship plans affected an opportunity to be heard.

Minor changes to range use plan or range stewardship plan

Despite

section 37 (1) and unless otherwise prescribed, an approval is not required to amend a range use plan or range stewardship plan if its holder determines that the proposed amendment

otherwise conforms to this Act, the regulations and the standards, and

does not materially affect the likelihood of achieving the intended results specified in the plan.

Review and comment

In prescribed circumstances, before a person submits for approval a range use plan, range stewardship plan or an amendment to either, the person must make the plan or amendment available for

review, and

comment.

Despite subsection (1), the minister may approve a range use plan or an amendment to one that has not been made available for review and comment if

the plan or amendment is for an area that is subject to a temporary grazing permit or temporary hay cutting permit, and

the minister determines that the range use plan, range stewardship plan or amendment otherwise meets the requirements of this Act, the regulations and the standards.

Proportional objectives

In prescribed circumstances, the minister may establish targets for sharing, in specified proportions between or among the holders of range use plans and range stewardship plans, the responsibility to achieve objectives set by government.

Grazing

Schedule

Grazing

schedule required

The holder of a range stewardship plan must prepare a grazing

schedule that includes for each area that will be used for grazing, all of the following:

the livestock class;

the number of livestock;

the period of use.

The grazing

schedule must be submitted each year to the district manager before the holder grazes livestock on Crown range.

Grazing

schedule available to public

A person who has prepared a grazing

schedule must make it available to a person on request.

General

General

A person who grazes livestock, cuts hay or carries out or maintains a range development on Crown range must do so in accordance with

this Act, the regulations and the standards, and

the applicable range use or range stewardship plan.

The holder of an agreement under the Range Act that authorizes grazing of livestock must ensure that all livestock authorized to graze on Crown range under the agreement are

marked with the holder's registered brand or marked in another manner approved by the minister, and

identified by a mark or tag designating them as animals pastured under the agreement, if the minister requires it.

Protection of Resources

General

Protection of the environment

A person must not carry out a forest practice, a range practice or another activity that results in damage to the environment, unless in doing so

the person

is acting in accordance with a plan, authorization or permit under this Act,

is not required to hold a plan or permit because of an exemption under this Act and is acting in accordance with this Act, the regulations and the standards, or

iii

[Repealed 2007-18-80.]

is acting in accordance with another enactment, and

the person does not know and cannot reasonably be expected to know that, because of weather conditions or site factors, the carrying out of the forest practice, range practice or other activity may result, directly or indirectly, in damage specified by regulation.

1.1

A person, other than a person described in subsection (1), must not engage in any activity on Crown land that results in damage to the environment, unless in doing so

the person

is acting in accordance with a plan, authorization or permit under this Act,

is not required to hold a plan or permit because of an exemption under this Act and is acting in accordance with this Act, the regulations and the standards, or

iii

is acting in accordance with another enactment, and

the person does not know and cannot reasonably be expected to know that, because of weather conditions or site factors, engaging in the activity may result, directly or indirectly, in damage specified by regulation.

A person who contravenes subsection (1)