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Volume 52, No. 5

B.C. Reg. 70/2009

The British Columbia Gazette,

Part II

March 10, 2009

B.C. Reg. 70/2009 , deposited March 6, 2009, pursuant to the FORESTS AND RANGE STATUTES AMENDMENT ACT, 2008 [Section 36] and the WILDFIRE ACT [Sections 4 and 69]. Order in Council 194/2009, approved and ordered March 5, 2009.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that

(

a) sections 33 and 35 of the Forest and Range Statutes Amendment Act, 2008 , S.B.C. 2008, c. 4 are brought into force, and

(

b) the Wildfire Regulation, B.C. Reg 38/2005, is amended as set out in the attached schedule.

— P. BELL, Minister of Forests and Range ; S. BOND, Presiding Member of the Executive Council .

Schedule

1 The Wildfire Regulation, B.C. Reg. 38/2005, is amended by adding the following sections:

Prescribed municipalities

2.1 For the purposes of

section 4 (2) of the Act, a prescribed municipality is one of the following municipalities:

(

a) District of Hudson's Hope;

(

b) Resort Municipality of Whistler;

(

c) District of Tumbler Ridge;

(

d) District of Stewart;

(

e) City of Revelstoke;

(

f) District of Wells;

(

g) District of Mackenzie;

(

h) Town of Fort Nelson.

Prescribed criteria for bylaw

2.2 For the purposes of

section 4 (2) of the Act, the prescribed criteria for a bylaw that relates to the lighting, fueling or use of open fires are as follows:

(

a) the bylaw provides for fire prevention and forest protection;

(

b) the bylaw applies to an area that is

(

i) serviced by a fire department or other type of organized fire response, and

(ii) subject to a system for the public to report fires.

Prescribed circumstances respecting private managed forest land

2.3 For the purposes of

section 4 (3) of the Act, the prescribed circumstances in respect of which sections 5 and 6 of the Act do not apply to an area that is private managed forest land are as follows:

(

a) if the area is within the boundaries of a municipality that is not a prescribed municipality referred to in

section 4 (2) of the Act and there is a bylaw applicable to the area that

(

i) relates to the lighting, fueling or use of open fire, and

(ii) provides for fire prevention and forest protection;

(

b) if the area is within the boundaries of a prescribed municipality referred to in

section 4 (2) of the Act, or a local government that is a local government under paragraphs (

c) to (

f) of the definition of "local government" in

section 1 of the Act, and

(

i) there is a bylaw applicable to the area that

(

A) relates to the lighting, fueling or use of open fires, and

(

B) provides for fire prevention and forest protection, and

(ii) the area to which the bylaw applies is

(

A) serviced by a fire department or other type of organized fire response, and

(

B) subject to a system for the public to report fires.

Section 3 is repealed and the following substituted:

Application of this regulation

3 If sections 5 and 6 of the Act do not apply to an area, sections 4 to 13, 16 and 18 to 27 of this regulation do not apply to the area.

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