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Volume 48, No. 6

B.C. Reg. 103/2005

The British Columbia Gazette,

Part II

March 22, 2005

B.C. Reg. 103/2005, deposited March 18, 2005, pursuant to the FOREST AND RANGE PRACTICES ACT [Sections 209 and 211]. Order in Council 269/2005, approved and ordered March 17, 2005.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Fort St. John Pilot Project Regulation, B.C. Reg. 278/2001, is amended as set out in the attached Schedule.

— M. DE JONG, Minister of Forests ; G. CAMPBELL, Presiding Member of the Executive Council .

Schedule

Section 1 (1) of the Fort St. John Pilot Project Regulation, B.C. Reg. 278/2001, is amended

(

a) in paragraph (

a) of the definition of "participant"

by striking out "in

section 3 (1) (

a) to (c)" and substituting "in

section 3 (1) (

a) to (e)", and

(

b) in the definition of "reforest" by adding "or with a sustainable forest management plan, whichever of them is applicable" after "in accordance with

section 32".

Section 42 is repealed and the following substituted:

Effect of approval on performance requirements

(1) In this section:

"component area" means an area

(

a) that is the subject of

(

i) a forest development plan or forest operations schedule, and

(ii) a site level plan

that are consistent with the applicable sustainable forest management plan,

(

b) for which a participant or minor timber sale licence holder is exempt from

section 12, 16 or 18, or

(

c) for which

(

i) there is a site level plan referred to in

section 9, and

(ii) the holder of the site level plan has submitted to the district manager a statement that the area is subject to the applicable sustainable forest management plan;

"specified" means specified in the sustainable forest management plan.

(2) If Division 5 of

Part 3 conflicts or is inconsistent with this section, this

section prevails.

(3) For each component area, the responsible participant must

(

a) achieve the specified targets within the specified range of variance,

(

b) carry out forest operations in a manner consistent with the specified landscape level strategies,

(

c) ensure that stocking in coniferous areas in the component area conforms with the specified mean stocked quadrant value,

(

d) ensure that the retention of wildlife trees conforms with the specified wildlife tree retention requirements, and

(

e) ensure that the retention of coarse woody debris conforms with the specified coarse woody debris retention requirements.

(4) For each component area on which the holder of a minor timber sale licence carries out forest operations, the holder must ensure that the operations are consistent with

(

a) the specified targets within the specified range of variance,

(

b) the specified landscape level strategies, and

(

c) the reforestation requirements described in

section 32 and

Schedule F.

Section 45 is amended by adding the following:

(3) A forest operations

schedule is effective on the date it is submitted to the district manager under subsection (2).

Section 49 (1) is amended by striking out "or holder of a minor timber sale licence".

Section 51 (3) is amended by adding the following:

(e.1) a

summary of any amendments that were made to

(

i) a forest development plan, if, under

section 71 (2) or (3), notice of the amendments was not required to be published, and

(ii) a forest operations schedule, if, under

section 83 (2), (3) or (4), notice of the amendments was not required to be published; .

Section 55 is amended

(

a) by repealing subsections (1) and (2) and substituting the following:

(1) For the contravention of an enactment itemized in column 1 of

Schedule G and described in column 2 of that item, the maximum penalty that may be levied under

section 71 (2) of the

Forest and Range Practices Act against a participant or holder of a minor timber sale licence is the amount in column 3 of that item.

(2) The following are prescribed as the considerations referred to in

section 71 (5) (

g) of the

Forest and Range Practices Act for the minister before levying an administrative penalty referred to in

Schedule G against a participant or holder of a minor timber sale licence:

(

a) if the contravention was reported to the district manager by the participant or holder;

(

b) if the participant or holder carried out measures to mitigate the impact of the contravention, and the appropriateness, timeliness and success of those measures;

(

c) if there is any residual damage to the forest resources on the area in which the contravention occurred after the participant or holder carried out the measures referred to in paragraph (b);

(

d) if it is in the public interest to make a determination under

section 7 (2) of the

Forest and Range Practices Act , having considered all of the factors specified in

section 71 (5) of the

Forest and Range Practices Act . , and

(

b) in subsection (6) by striking out "Division 4 of

Part 6 of the Act applies" and substituting "Division 4 of

Part 6 of the Forest and Range Practices Act applies".

Section 59 is repealed and the following substituted:

Declaration of completed obligations

(1) A participant who in respect of

(

a) a road,

(

b) timber harvesting activities in a cutblock, or

(

c) reforestation in a cutblock or in an identifiable portion of a cutblock,

considers that the participant

(

d) has fully met the requirements, or

(

e) has met the requirements to the fullest extent practical

may submit to the district manager a written declaration to the effect set out in paragraph (

d) or (e), whichever is applicable.

(2) A participant must ensure that a written declaration under subsection (1)

(

a) identifies the roads or cutblocks,

(

b) specifies the requirements of the Act and the regulations to which the declaration applies, and

(

c) in the case of a declaration under subsection (1) (e), explains why the requirements were not fully met, giving particulars.

(3) A written declaration submitted under subsection (1) by a participant to the district manager is sufficient evidence as of the date of its submission that the participant has met the requirements, unless

(

a) within 15 months after receiving the written declaration, the district manager gives notice to the participant that

(

i) in the case of a declaration under subsection (1) (d), the participant has not fully met the requirements, or

(ii) in the case of a declaration under subsection (1) (e), the participant has not met the requirements to the fullest extent practical, or

(

b) the participant

(

i) in the declaration, materially misrepresented or misstated a fact in relation to the requirement, or

(ii) omitted information from the declaration that the participant knew or ought to have known was material to determining whether the requirement had been fulfilled.

(4) Before giving notice under subsection (3) (

a) to a participant, the district manager

(

a) must give the participant an opportunity to be heard, and

(

b) may require the participant to submit information that the district manager reasonably requires in order to make the determination.

Section 69 (1) (b) (vii) is repealed.

Section 71 (3) is repealed and the following substituted:

(3) Despite subsection (1), notice is not required under that subsection if

(

a) the amendment increases the size of a cutblock,

(

b) the amount of the increase does not exceed

(i) 1 ha or 25% of the area of the cutblock, whichever is greater, if the cutblock is less than 20 ha before the increase, or

(ii) 10 ha or 25% of the area of the cutblock, whichever is less, if the cutblock is at least 20 ha before the increase,

(

c) the cutblock size remains consistent with

section 65, and

(

d) none of the area being added to the cutblock as a result of the proposed amendment will result in harvesting within

(

i) a riparian management zone of a stream that has a classification of S1, S2, S3 or S4,

(ii) a known forest ecosystem network,

(iii) a wildlife tree patch,

(iv) a known old growth management area, or

(

v) a known ungulate winter range.

Section 81 (1) is amended

(

a) by repealing paragraph (

c) and substituting the following:

(

c) the following known items:

(

i) protected areas;

(ii) designated areas under

Part 13 of the Forest Act ;

(iii) wilderness areas;

(iv) established sensitive areas;

(

v) wildlife habitat areas, except in a case to which subparagraph (vi) of this paragraph applies;

(vi) the name of any identified wildlife protected by wildlife habitat areas if the district manager or a designated environment official makes it known that the location of the wildlife habitat area is not to be included;

(vii) forest ecosystem networks;

(viii) old growth management areas;

(ix) scenic areas;

(

x) ungulate winter ranges;

(xi) community water supply intakes and related water supply infrastructures;

(xii) fish streams;

(xiii) riparian class of streams, wetlands and lakes; , and

(

b) by repealing paragraphs (

i) to (

m) and substituting the following:

(

i) the approximate location of cutblocks proposed that are not the subject of an authorization under

section 23;

(

j) for each cutblock that is currently the subject of an authorization under

section 23,

(

i) the approximate location of the cutblock, and

(ii) if the areas within the cutblock are to be reforested as coniferous areas, deciduous areas or mixedwood areas.

Section 83 is amended

(

a) by repealing subsection (3) (

c) and substituting the following:

(

c) does not materially change the objectives or results of the schedule.

(

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

(4) Despite subsection (1), notice is not required under that subsection if the amendment increases the size of a cutblock provided that

(

a) the amount of the increase does not exceed

(i) 1 ha or 25% of the area of the cutblock, whichever is greater, if the cutblock is less than 20 ha before the increase, or

(ii) 10 ha or 25% of the area of the cutblock, whichever is less, if the cutblock is at least 20 ha before the increase,

(

b) the cutblock size remains consistent with the sustainable forest management plan, and

(

c) none of the area being added to the cutblock as a result of the proposed amendment will result in harvesting within

(

i) a riparian management zone of a stream that has a classification of S1, S2, S3 or S4,

(ii) a known forest ecosystem network,

(iii) a wildlife tree patch,

(iv) a known old growth management area, or

(

v) a known ungulate winter range.

Schedule G is repealed and the following substituted:

Schedule G — Maximum Administrative Penalties

(Section 55)

Item

Column 1

Enactment

Column 2

Description

Column 3

Penalty

(2) Did not prepare a site level plan where required

$5 000

Did not prepare a site level plan where required

$5 000

(1) Did not ensure that a site level plan met the specified requirements

$5 000

(2) Did not ensure that a site level plan met the specified requirements

$5 000

(4) Did not notify the district manager as required

$5 000

(5) Did not comply with a request to forward assessments to

resource agencies

$2 000

(6) Did not comply with specified review and comment requirements

$2 000

(9) Carried out a forest practice contrary to

section 20 (9)

$10 000

Did not carry out a required archaeological impact assessment

$5 000

(1) Did not prepare a site level plan where required

$20 000

(2) Used a specified road for the purposes of timber harvesting and

related purposes without having met the specified requirements

$20 000

(2) Carried out harvesting under an authorization before specified

appraisal data submitted

$20 000

Did not comply with the requirements of any notice, authorization or

condition specified by the district manager

$20 000

28 (1) (a),

(b), (c), (d),

(

f) or (

g) Did not ensure that a forest practice met the prescribed requirements

$50 000

28 (1) (

e) Did not ensure that a forest practice met the prescribed requirements

$100 000

(2) Did not take reasonable measures to mitigate any damage to the

environment resulting from a contravention of

section 28 (1)

$100 000

(1) Did not ensure maintenance of the required amount of area in cutblocks

in wildlife trees or wildlife tree patches

$20 000

(2) Did not ensure maintenance of the required proportion of pre-harvesting

coarse woody debris in cutblocks

$20 000

(1) Exceeded the specified limit for the area that may be occupied by

permanent access structures

$50 000

(2) Did not deactivate permanent access structures where required

$50 000

30.1

Exceeded the specified limit for the area that may be occupied by

soil disturbance

$50 000

(1) Did not ensure that roads provide for safe usage by the types and levels

of traffic for which the road was intended

$2 000

(2) Did not maintain a specified road until the deactivation of the road or

the notification referred to in

section 31 (2)

$50 000

(3) Did not reforest specified areas in accordance with the specified

requirements

$100 000

(8) Did not carry out silviculture regimes that are designed to achieve the

specified target stocking requirements

$5 000

Did not ensure the destruction of insect broods within the specified time

when using trap trees or pheromones to concentrate insect populations

$5 000

Did not prepare a sustainable forest management prescription during

the prescribed period

$10 000

42 (3) (

a) Did not achieve targets specified in a sustainable forest management plan

within the applicable range of variance specified in the plan.

$50 000

42 (3) (

b) Did not carry out forest operations in a manner that is consistent with any

applicable landscape level strategies specified in the plan.

$5 000

42 (3) (

c) Did not ensure that the stocking in coniferous areas conforms to any

applicable mean stocked quadrant value specified in the plan.

$100 000

42 (3) (

d) Did not ensure that the retention of wildlife trees conforms to any applicable

wildlife tree retention requirements specified in the plan.

$20 000

42 (3) (

e) Did not ensure that the retention of coarse woody debris conforms to any

applicable coarse woody debris retention requirements specified in the plan.

$20 000

42 (4) (

a) Did not ensure that the operations are consistent with targets specified in

a sustainable forest management plan within the applicable range of

variance specified in the plan.

$20 000

42 (4) (

b) Did not ensure that the operations are consistent with any applicable landscape

level strategies specified in the plan.

$20 000

42 (4) (

c) Did not ensure that the operations are consistent with the reforestation

requirements described in

section 32 and

Schedule F.

$50 000

(1) Did not submit the required assessment and proposal within the specified time

where a higher level plan has come into effect after the approval of a

sustainable forest management plan

$20 000

(3) Did not implement a proposal approved by the regional manager

$20 000

(1) Did not establish and maintain a public advisory group

$10 000

46 (2) (

a) Did not confirm membership to the public advisory group as required

$2 000

46 (2) (

b) Did not publish a notice specifying the membership of the public advisory

group as required

$2 000

(1) Did not maintain records and plans as required

$5 000

(2) Did not produce records and plans as required

$5 000

(1) Did not submit to and pay for a periodic independent audit as required

$10 000

(1) Did not submit an annual report as required

$10 000

(2) Did not submit an annual report as required

$10 000

(4) Did not provide a copy of the annual report to the district manager and the

public advisory group as required

$2 000

(3) Did not comply with the minister's request related to an evaluation of

the pilot project

$5 000

(3) Did not take the measures specified by the district manager to

rehabilitate the area

$50 000

(4) Did not take the measures specified by the district manager to

rehabilitate the area

$50 000

(1) Did not make copies of all plans and assessments available as required

$10 000

(2) Did not make a copy of a proposed sustainable forest management plan

available to the public as required

$5 000

(3) Did not make the specified information available for review by the public

$5 000

(5) Did not comply with a condition imposed by the minister

$10 000

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