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2008 Legislative Session: 4th Session, 38th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE RICH COLEMAN

MINISTER OF FORESTS AND RANGE AND

MINISTER RESPONSIBLE FOR HOUSING

BILL 30 – 2008

RESOURCE ROAD ACT

This Bill requires that permits be held for all industrial uses, and prescribed commercial uses, of roads in British Columbia other than highways. It establishes a Resource Road Authority and allows that authority and its delegates to issue, amend and transfer road authorizations. The Bill provides for particular users of resource roads to be tasked with the maintenance and deactivation of those roads, while at the same time allowing the government to remediate and close roads where necessary.

It provides that resource roads are only to be constructed, modified, maintained or deactivated under appropriate road authorizations and establishes the ability to set the standards by which that construction, modification, maintenance and deactivation is to be performed. It provides for the manner in which resource roads are to be used, and contemplates that additional directions can be given for roads that have a high level of traffic.

It also provides for the authority to enforce the provisions of road authorizations, this Act and the regulations, and establishes an enforcement regime that provides for both reviews and appeals of authority determinations.

Section

Part 1 –

Interpretation

Definitions

Part 2 – Resource Road Authority

Establishment of Resource Road Authority

Organization of Resource Road Authority

Fiscal year of Resource Road Authority

Resource Road Authority staff

Authority may delegate

Mandate of authority

Reporting requirements

Part 3 – Limitations on Construction, Modification, Maintenance and Use of Resource Roads

Restrictions on construction, modification or maintenance of resource roads

Restrictions on use of resource roads for industrial purposes

When compensation for use may be payable

No works on resource road right of way without authorization

Restrictions on connecting roads

Part 4 – Resource Road Permits

Division 1 – Obtaining Resource Road Permits

Applications

Eligibility

Issuing resource road permit

Content of resource road permit

Notification to designated maintainer

Division 2 – Amendment of Road Authorizations

Applying for amendment of road authorization

Amendment of road authorization

Request for modifications

Amendment of road authorization to surrender rights

Division 3 – Transfer of Road Authorization

Circumstances in which transfer may occur

Part 5 – Construction, Modification and Use of Resource Roads

Division 1 – Construction and Modification of Resource Roads

Construction and modification of resource roads

Construction and modification requirements applicable to all resource roads

Requirement to construct resource road if new application for constructionpermit is sought

If designated maintainer does not make requested modifications to resource road

Division 2 – Use of Resource Roads

Resource roads must be used safely

Power to temporarily close resource road, restrict access or remove motor vehicles or animals

Power to discontinue resource road

Right of access

Changing level of use of resource road

Resolving non-compatible uses

High traffic roads

Part 6 – Maintenance of Resource Roads

Division 1 – Who Must Maintain Resource Road

Person responsible for maintenance of resource road

Division 2 – What Maintenance Entails

Maintenance requirements

Additional maintenance or modification requirements

Division 3 – Contribution to Maintenance and Capital Costs

Non-maintaining users must contribute maintenance fees

User may contribute to recovery of capital costs

Division 4 – Imposing and Transferring Maintenance Conditions

When maintenance conditions are attached

Attaching maintenance conditions

General transfer of maintenance condition from one user to another by agreement

Transfer of maintenance condition from one user to another by order

Power of authority

Part 7 – Deactivation of Resource Roads

Deactivation of resource road

Deactivation requirements

Requirement to maintain when road is under deactivation

Notice of deactivation

Part 8 – Retention and Extinguishment of Liability

Division 1 – No Release by Expiry or Cancellation

Continuing liability

Offences or penalties not affected

Division 2 – Exceptions, Exemptions and Declarations

No contravention if required to conform with other enactments

Exemptions by authority

Declarations

Part 9 – Inspections

Definition

Entry and inspection

Inspection of motor vehicles

Inspection of records of holder of road authorization

Inspection of records held by others

Purpose of inspection

Proof of identity

Obligation of person inspected

Part 10 – Administrative Remedies

Division 1 – Stop Orders and Intervention Orders

Stop order

Intervention order

Peace officers may accompany

Division 2 – Consent Agreements

Consent agreements

Division 3 – Contraventions

Contravention orders

Extended contravention

Remedies

Orders may be combined

Suspension or cancellation

Limitation period

Defences to administrative proceedings

Liability if no contravention

Division 4 – Remediation

Remediation

If authority performs remediation

Remedial action does not affect offences or penalties

Division 5 – Limitations on Liability

Liability protection

No obligation to exercise power

Personal liability

Part 11 – Reconsiderations

Division 1 – Corrections, Rescissions or Amendments of Orders

Correction or clarification of determination

Division 2 – Reviews

Review of determination

Board may require review of determination

Division 3 – Resource Road Appeal Tribunal

Establishment of Resource Road Appeal Tribunal

Organization of appeal tribunal

Appeal tribunal staff

Mandate of appeal tribunal

Division 4 – Appeal Process

Appeal to appeal tribunal by person who is subject of determination

Appeal to appeal tribunal by board

Appeal

Powers of appeal tribunal

Division 5 – Stays of Determination

Stay on review

Stay on appeal

Part 12 – Offences

Offences established

Penalties on conviction established

Penalty for monetary benefit

Court orders

Employer liability

Offence by directors and officers

Remedies preserved

Defences to prosecution

Extended offence

Limitation on proceedings

Limitation period

Part 13 – Powers and Duties of Authority

Process respecting orders

Order for compliance

Extension of time

Powers cumulative

Part 14 – General

Division 1 – Access to Materials

Designated maintainer may access materials

Division 2 – Disclosure

Confidentiality and disclosure

Protection against libel and slander

Whistle-blower protection

Division 3 – Miscellaneous

Section 42 of Transportation Act does not apply

Power to assign resource road

Assignment does not affect offences, penalties, fees or costs

Conflict

How records may be given

Means of giving opportunity to be heard

Interference, non-compliance and misleading statements

Payments to government

Part 15 – Forest Practices Board

Audits and special investigations

Complaints from public

Provisions of Forest and Range Practices Act apply

Part 16 – Regulations

Division 1 – General

Power to make regulations

Words and forms

Applications

Information and records

Fees or charges

Security

Recovery of money

Exemptions

Criteria for exercise of authority’s powers

Regulations respecting entering Crown land to fulfill requirements

Recovery of costs of remedial measures

Government objectives

Division 2 – Performance Requirements

Resource road requirements

Deactivated resource road requirements

Construction, modification, use, maintenance and deactivation of resource roads

Works and connections

Falling of Crown timber on resource road rights of way

Closures of resource roads or restrictions on their use

Application to private land

Materials used for resource roads

Use of resource roads

Maintenance fees and capital costs

Road use plans

High traffic roads

Streams, wetlands and lakes

Notification requirements

Declarations

Division 3 – Compliance and Enforcement

Administrative remedies

Orders

Suspension and cancellation

Reconsideration

Appeals and appeal tribunal

Forest Practices Board

Part 17 – Transitional Provisions and Consequential Amendments

Implementation regulations

Exemptions and conditions remain in effect

Transition – road authorizations

Transition – maintenance agreements

Transition – appeal tribunal

Transition – no compensation

163-261

Consequential Amendments

Commencement

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Part 1 –

Interpretation

Definitions

1 In this Act:

"administrative penalty" means a penalty referred to in

section 68 (1) (a);

"agreement with government" includes

(

a) a permit, licence or other authorization issued or granted by the government, and

(

b) a Forest Act agreement;

"all-terrain vehicle" has the same meaning as "all terrain vehicle" in the Motor Vehicle (All Terrain) Act ;

"appeal tribunal" means the Resource Road Appeal Tribunal established under

section 83;

"applicable ministers" means the following ministers:

(

a) the minister charged with the administration of this Act;

(

b) the minister charged with the administration of the Forest Act ;

(

c) the minister charged with the administration of the Land Act ;

(

d) the minister charged with the administration of the Mines Act ;

(

e) the minister charged with the administration of the Oil and Gas Commission Act ;

"authority" means the Resource Road Authority established under

section 2, and, when used in relation to circumstances to which a delegation or subdelegation under

section 6 applies, includes the delegate;

"authorized right of way" , in relation to a resource road that has been or may be constructed or modified under a road authorization, means

(

a) the area that is shown or described in the road authorization as the right of way within which the resource road may be constructed or modified, or

(

b) if the road authorization applicable to a resource road that was constructed before the coming into force of

section 14 does not show or describe the area within which the resource road may be constructed or modified, the area that is the prescribed distance on either side of the centre line of the resource road;

"board" means the Forest Practices Board continued under the Forest and Range Practices Act ;

"Crown land" has the same meaning as in the Land Act , but does not include land owned by an agent of the government;

"Crown timber" means timber on Crown land, and, if Crown land is disposed of but the timber on that land is, despite the disposition of the land, reserved to the government, includes that reserved timber;

"cutting permit" means a permit issued under a Forest Act agreement that authorizes timber harvesting activities;

"dated deactivation condition" means a term or condition referred to in

section 40 (1) (a), and includes a requirement referred to in

section 35 (1) (b) (

i) or (iv) that is deemed under

section 35 (2) (

a) or (d) (ii) to be a dated deactivation condition;

"deactivate" , in relation to a resource road, means deactivate in accordance with

section 46 (1) and (2);

"deactivation condition" means a term or condition referred to in

section 40 (1) (

b) or (c) (i), and includes a requirement referred to in

section 35 (1) (b) (ii) or (iv) that is deemed under

section 35 (2) (

b) or (d) (

i) to be a deactivation condition;

"designated maintainer" means, in relation to a resource road, the person who, under

section 35 (1), is required to maintain the resource road;

"determination" means any act, decision, procedure, levy, finding, authorization, direction, order or other determination made under this Act by the authority;

" Forest Act agreement" means

(

a) an agreement referred to in

section 12 of the Forest Act , or

(

b) an agreement entered into before April 1, 2003 under Division 7 of

Part 3 of the Forest Act ;

"forest holder" means a person who holds

(

a) a Forest Act agreement, and

(

b) a road authorization;

"forest service road" means a road on Crown land that, immediately before the coming into force of

section 14, was a forest service road under the Forest Act ;

"highway" has the same meaning as in the Transportation Act ;

"industrial purpose" means

(

a) the extraction, development or production of natural resources,

(

b) the conduct of a prescribed commercial operation or activity,

(

c) the construction of facilities to be used for, or the maintenance or removal of facilities used for,

(

i) the extraction, development or production of natural resources, or

(ii) the conduct of a prescribed commercial operation or activity,

(

d) reclamation, site rehabilitation or silviculture activities that

(

i) involve the use of heavy equipment, and

(ii) are associated with areas from which natural resources have been extracted or on which natural resources have been produced or developed,

(

e) any other use, activity or purpose included in this definition by regulation, or

(

f) the provision of access to an area or site for any of the uses, activities or purposes referred to in paragraph (a), (b), (c), (

d) or (e),

but does not include any use, activity or purpose excluded from this definition by regulation;

"maintain" , in relation to a resource road, means maintain in accordance with

section 36;

"maintenance condition" means

(

a) a dated deactivation condition,

(

b) a deactivation condition, or

(

c) a surrender condition;

"minister" means a member of the Legislative Assembly who is appointed to the Executive Council of British Columbia;

"motor vehicle" means a vehicle that is

(

a) intended to be self propelled, and

(

b) designed primarily for travel on land on surfaces other than rails;

"natural resources" does not include produce, crops, game or prescribed resources;

"non-maintaining user" means, in relation to a resource road, a person who

(

a) holds a road authorization applicable to the resource road, and

(

b) is not the designated maintainer of that resource road;

"petroleum development road" has the same meaning as in the Petroleum Development Road Regulation, B.C. Reg. 356/1998, as that regulation read immediately before the coming into force of

section 14;

"resource road" means a road or portion of a road on Crown land if

(

a) the road or portion of a road is used or required for an industrial purpose,

(

b) the road or portion of a road was constructed before the coming into force of

section 14 under

(

i) a road permit granted under

section 115 of the Forest Act ,

(ii) a cutting permit,

(iii) a special use permit,

(iv) a timber sale licence, within the meaning of Division 3 of

Part 3 of the Forest Act , that does not provide for cutting permits, or

(

v) an authorization granted under the Land Act , other than an authorization granted for a prescribed purpose,

(

c) immediately before the coming into force of

section 14, the road or portion of a road was

(

i) a forest service road,

(ii) a petroleum development road,

(iii) authorized under

section 7 of the Petroleum and Natural Gas Act , or

(iv) an access road within the meaning of the Mining Right of Way Act , or

(

d) the road or portion of a road is prescribed for the purposes of this definition,

and includes bridges, culverts, fords and other structures and works associated with a road or portion of a road referred to in paragraph (a), (b), (

c) or (

d) but does not include

(

e) a highway,

(

f) any road or portion of a road that is excluded from this definition by regulation, or

(

g) any road within a class of roads or any portion of a road within a class of portions of roads, if that class of roads or class of portions of roads is excluded from this definition by regulation;

"resource road permit" means a permit issued under

section 16 (1), (2) or (3);

"reviewable determination" means a determination other than a prescribed determination;

"road authorization" means

(

a) a resource road permit,

(

b) that portion of a special use permit that relates to a resource road if the special use permit was in effect immediately before the coming into force of

section 14 of this Act,

(

c) that portion of a permit, under

section 14 (1) (

c) of the Land Act , that relates to a resource road if the permit was in effect immediately before the coming into force of

section 14 of this Act,

(

d) that portion of a licence of occupation, issued under

section 39 of the Land Act , that relates to a resource road if the licence of occupation was in effect immediately before the coming into force of

section 14 of this Act,

(

e) a road permit or road use permit, granted under the Forest Act , if the road permit or road use permit was in effect immediately before the coming into force of

section 14 of this Act,

(

f) an application for a petroleum development road granted under

section 5 of the Petroleum Development Road Regulation, B.C. Reg. 356/1998, if the granted application was in effect immediately before the coming into force of

section 14,

(

g) an authorization under

section 22.1 of the Forest and Range Practices Act to use a resource road if the authorization was in effect immediately before the coming into force of

section 14 of this Act, or

(

h) any other prescribed agreement with government,

but does not include any agreement with government that is excluded from this definition by regulation;

"road prism" , in relation to a road, means an area consisting of the road surface and any cut slope, ditch and road fill;

"special use permit" means a permit issued under

section 9 of the Provincial Forest Use Regulation, B.C. Reg. 176/1995;

"specified holder" means a person who holds

(

a) a prescribed agreement with government that is not a Forest Act agreement, and

(

b) a road authorization;

"surrender condition" means a term or condition referred to in

section 40 (1) (c) (ii), and includes a requirement referred to in

section 35 (1) (b) (iii) that is deemed under

section 35 (2) (

c) to be a surrender condition;

"timber" means trees, whether standing, fallen, living, dead, limbed, bucked or peeled;

"written" or "in writing" includes written messages transmitted electronically.

Part 2 – Resource Road Authority

Establishment of Resource Road Authority

(1) The Resource Road Authority is established consisting of the persons appointed under subsection (2).

(2) The Resource Road Authority consists of a chair, one or more vice-chairs and other persons the Lieutenant Governor in Council may appoint.

(3) Appointments of the members of the Resource Road Authority under subsection (2) may be for a term of up to 3 years and may be renewed for one or more additional terms.

(4) Subject to any Treasury Board Directives, the minister charged with the administration of this subsection may determine the remuneration, reimbursement of expenses and other conditions of employment of the members of the Resource Road Authority.

Organization of Resource Road Authority

(1) The chair of the Resource Road Authority may organize the Resource Road Authority into panels, each composed of one or more members.

(2) Subject to subsection (4), the members of the Resource Road Authority may sit

(

a) as the Resource Road Authority, or

(

b) as a panel of the Resource Road Authority,

and 2 or more panels may sit at the same time.

(3) Subject to subsection (4), if one or more members of the Resource Road Authority sit as a panel,

(

a) the panel has the jurisdiction of, and may exercise the powers and perform the duties of, the authority, and

(

b) a determination of the panel is a determination of the authority.

(4) The powers of the Resource Road Authority under

section 6 (1) must be exercised by the Resource Road Authority and, without limiting this, a panel organized under subsection (1) of this

section

(

a) has no jurisdiction to exercise any power that may be exercised by the Resource Road Authority under

section 6,

(

b) must not exercise any power or perform any duty that may be exercised or performed by the Resource Road Authority under

section 6, and

(

c) must not make any determination that may be made by the Resource Road Authority under

section 6.

Fiscal year of Resource Road Authority

4 The fiscal year of the Resource Road Authority is the period beginning on April 1 and ending on the following March 31.

Resource Road Authority staff

(1) The Resource Road Authority may appoint officers and employees that the Resource Road Authority considers necessary to exercise the powers and perform the duties of the authority and may define their duties and determine their remuneration.

(2) The Public Service Act and the Public Service Labour Relations Act do not apply to the Resource Road Authority or to its officers or employees.

(3) Despite subsection (2), the Public Service Pension Plan, continued under the Public Sector Pension Plans Act , applies to the Resource Road Authority and to its officers and employees.

(4) In accordance with the regulations, the Resource Road Authority may engage or retain specialists, consultants and auditors that the Resource Road Authority considers appropriate to exercise the powers and perform the duties of the authority and may determine their remuneration.

(5) The Public Service Act does not apply to the engagement, retention or remuneration of specialists, consultants and auditors engaged or retained under subsection (4).

Authority may delegate

(1) The Resource Road Authority may, in writing, do one or more of the following:

(

a) delegate a power or duty of the authority under this Act, including a quasi-judicial power or duty but excluding a prescribed power or duty, to one or more of the following or to a panel composed of one or more of the following:

(

i) a minister;

(ii) a person or class of persons employed under the Public Service Act ;

(iii) a person or class of persons appointed under

section 5 (1) of this Act;

(iv) an agent of the government;

(

v) the commissioner appointed under the Oil and Gas Commission Act ;

(vi) a prescribed person or class of persons;

(

b) provide directions that are binding on the delegate respecting the exercise of the power or the performance of the duty;

(

c) vary or revoke a delegation or direction.

(2) A delegation under subsection (1) may be made generally or in relation to one of more of the following:

(

a) particular circumstances;

(

b) particular periods;

(

c) particular geographic areas;

(

d) particular persons or classes of persons.

(3) In prescribed circumstances, a person or a panel of persons to whom a power or duty has been delegated under subsection (1) may, unless restricted by that delegation from doing so, subdelegate the power or duty to one or more of the following or to a panel composed of one or more of the following:

(

a) a minister;

(

b) a person or class of persons employed under the Public Service Act ;

(

c) a person or class of persons appointed under

section 5 (1) of this Act;

(

d) an agent of the government;

(

e) the commissioner appointed under the Oil and Gas Commission Act ;

(

f) a prescribed person or class of persons.

(4) A record, purporting to have been signed by a person in the person's capacity

(

a) as the authority,

(

b) if the authority is the Resource Road Authority, as a member of the Resource Road Authority, or

(

c) if the authority is a panel of persons, as a member of that panel,

that certifies that a delegation or subdelegation has been effected under this section,

(

d) is admissible as evidence of the delegation or subdelegation without proof of the signature or official character of the person appearing to have signed the record, and

(

e) is proof of the matter certified.

Mandate of authority

7 The authority must administer this Act in accordance with the powers and duties applicable to it as set out in this Act.

Reporting requirements

(1) Promptly after the end of a fiscal year of the Resource Road Authority, the chair of the Resource Road Authority must give to the applicable ministers an annual report summarizing the authority's activities, including the authority's enforcement activities, in that fiscal year.

(2) The applicable ministers must ensure that the report referred to in subsection (1) is laid before the Legislative Assembly promptly after its receipt.

Part 3 – Limitations on Construction, Modification, Maintenance and Use of Resource Roads

Restrictions on construction, modification or maintenance of resource roads

(1) A person must not construct, modify or maintain a resource road unless the person is

(

a) the government,

(

b) a holder of a road authorization that authorizes or requires the construction, modification or maintenance,

(

c) otherwise authorized in writing to do so, or ordered to do so, by the authority, or

(

d) otherwise authorized to do so under this Act.

(2) For the purposes of subsection (1) (b), if a road authorization authorizes its holder to maintain a resource road, the holder is authorized to modify the resource road within the authorized right of way unless

(

a) the authority amends the holder's road authorization under

section 27 (

b) to remove the authorization to modify the resource road, or

(

b) the authority, by order under another provision of this Act, removes that authorization to modify the resource road.

Restrictions on use of resource roads for industrial purposes

10 Except in prescribed circumstances, a person must not use a resource road for an industrial purpose unless the person is

(

a) the government,

(

b) the holder of a road authorization that authorizes the person to use the resource road for the industrial purpose,

(

c) otherwise authorized in writing to do so, or ordered to do so, by the authority, or

(

d) otherwise authorized to do so under this Act.

When compensation for use may be payable

11 A holder of a road authorization applicable to a resource road must not request or obtain money or any other benefit or compensation from any person using or wishing to use the resource road unless,

(

a) in the case of a person using or wishing to use the resource road for a purpose that is not an industrial purpose, the regulations otherwise provide, or

(

b) in the case of a person using or wishing to use the resource road for an industrial purpose,

(

i) the money, benefit or compensation is sought in accordance with

section 38 or 39, or

(ii) the regulations otherwise provide.

No works on resource road right of way without authorization

(1) A person must not create, on any part of a resource road's authorized right of way, works that are not authorized by a road authorization applicable to the resource road unless

(

a) the person is the government,

(

b) the authority has given its prior written authorization to the creation,

(

c) the person is ordered to do so by the authority,

(

d) the works are created in relation to a prescribed circumstance, or

(

e) the person

(

i) is authorized to do so under this Act, or

(ii) was, immediately before the coming into force of this section, authorized to do so under another enactment.

(2) To obtain an authorization referred to in subsection (1) (b), a person must

(

a) submit an application

(

i) in a form approved by the authority, and

(ii) that contains the information and records referred to in subsection (3), and

(

b) submit with the application

(

i) the prescribed fee, if any, and

(ii) the prescribed type and amount of security, if any.

(3) A person making an application for an authorization referred to in subsection (1) (

b) must include the following in the application:

(

a) a description of the works to be created;

(

b) a map satisfactory to the authority that indicates the location of the works in relation to the resource road;

(

c) information respecting when the creation of the works is to begin and the date by which creation of the works is to be completed;

(

d) any other prescribed information and records.

(4) After receiving an application for an authorization referred to in subsection (1) (b), the authority may authorize the applicant to create the works referred to in the application if the authority is satisfied that the application

(

a) is consistent with the prescribed criteria, if any,

(

b) meets the requirements of subsections (2) (

a) and (3), and

(

c) is accompanied by the fee, if any, and the security, if any, required under subsection (2) (b).

(5) Before creating works on any part of a resource road's authorized right of way, a person who is authorized under subsection (1) (b), (c), (

d) or (

e) to create those works must,

(

a) in the case of a person who receives an authorization under subsection (1) (

b) or (c), give notice to the persons, and in the manner, set out by the authority in the authorization, or

(

b) in the case of

(

i) a person referred to in subsection (1) (

b) or (

c) who receives an authorization or order that does not set out the persons to whom and the manner in which notice is to be given, or

(ii) a person referred to in subsection (1) (

d) or (e),

give notice to the persons, and in the manner, set out in the regulations.

(6) A person who creates works on any part of a resource road's authorized right of way under an authorization referred to in subsection (1) (b), (c), (

d) or (

e) must ensure that

(

a) the works are created in accordance with

(

i) this Act,

(ii) the regulations, and

(

b) the works, or anything held in or carried by the works, do as little damage as possible to the resource road.

Restrictions on connecting roads

(1) A person must not connect a road or driveway to a resource road unless

(

a) the person is the government,

(

b) the authority has given its prior written authorization to the connection,

(

c) the person is authorized to construct the connection by the person's road authorization,

(

d) the resource road is prescribed for the purposes of this section, or

(

e) the person

(

i) is authorized to do so under this Act, or

(ii) was, before the coming into force of this section, authorized to do so under another enactment.

(2) To obtain an authorization referred to in subsection (1) (b), a person must

(

a) submit an application

(

i) in a form approved by the authority, and

(ii) that contains the information and records referred to in subsection (3), and

(

b) submit with the application

(

i) the prescribed fee, if any, and

(ii) the prescribed type and amount of security, if any.

(3) A person making an application for an authorization referred to in subsection (1) (

b) must include the following in the application:

(

a) a map satisfactory to the authority that indicates the road or driveway and the location of its connection to the resource road;

(

b) information regarding the use to which the connected road or driveway will be put;

(

c) any other prescribed information and records.

(4) After receiving an application for an authorization referred to in subsection (1) (b), the authority may

(

a) authorize the applicant to connect the road or driveway to the resource road if the authority is satisfied that the application

(

i) is consistent with the prescribed criteria, if any,

(ii) meets the requirements of subsections (2) (

a) and (3), and

(iii) is accompanied by the fee, if any, and the security, if any, required under subsection (2) (b), and

(

b) without limiting

section 104 or paragraph (

a) of this subsection, authorize the applicant to modify the resource road if and to the extent provided by the authority in the authorization.

(5) A person who connects a road or driveway to a resource road under an authorization referred to in subsection (1) (b), (c), (

d) or (

e) must do so in accordance with

(

a) this Act,

(

b) the regulations, and

(6) Without limiting Division 3 of

Part 4 of the Transportation Act and

section 62 of that Act, a person must not connect a resource road to a highway unless the person has first obtained, from the minister charged with the administration of the Transportation Act , written authorization under

section 62 of that Act for the connection.

Part 4 – Resource Road Permits

Division 1 – Obtaining Resource Road Permits

Applications

(1) To apply for a resource road permit, a person must

(

a) submit an application

(

i) in a form approved by the authority, and

(ii) that contains the information and records referred to in subsection (2), and

(

b) submit with the application

(

i) the prescribed fee, if any, and

(ii) the prescribed type and amount of security, if any.

(2) A person making an application for a resource road permit must include the following in the application:

(

a) for each resource road to which the resource road permit is to apply, information that identifies, in accordance with the regulations,

(

i) the resource road, and

(ii) how the applicant intends to use the resource road, including the nature and extent of that use;

(

b) if

(

i) the application is to authorize the applicant to construct one or more resource roads, or

(ii) the application is to authorize the applicant to modify one or more resource roads and the authorized right of way must be altered to accommodate the modifications,

for each resource road to be constructed or modified, a map satisfactory to the authority that indicates the area the applicant wishes to have shown or described in the resource road permit as the right of way within which the resource road is to be constructed or modified;

(

c) any other prescribed information and records.

Eligibility

15 The authority may determine that a person is ineligible to receive a resource road permit if

(

a) the person is a party to an agreement with government that does or could in some way relate to a resource road,

(

b) one of the following applies:

(

i) one or more rights of the person under the agreement with government are under suspension;

(ii) the person is not in compliance with

(

A) a requirement of the agreement with government, or

(

B) a requirement of the enactment under which the agreement with government was made, and

(

c) the authority is satisfied that, because of the suspension referred to in paragraph (b) (

i) or the nature and extent of the non-compliance referred to in paragraph (b) (ii), it is not appropriate for the person to receive a resource road permit.

Issuing resource road permit

(1) After receiving an application for a resource road permit, the authority, subject to subsection (4), may issue a permit to the applicant if

(

a) the authority is satisfied that the application

(

i) is consistent with the prescribed criteria,

(ii) meets the requirements of

section 14 (1) (

a) and (2), and

(iii) is accompanied by the fee, if any, and the security, if any, required under

section 14 (1) (b),

(

b) the authority is satisfied that the applicant meets the requirements prescribed for the purposes of this subsection,

(

c) the authority has not determined, under

section 15, that the applicant is ineligible to receive a permit, and

(

d) in the case of a permit that authorizes construction of a resource road, the authority is satisfied that

(

i) the applicant is authorized under an agreement with government to pursue an industrial purpose or has a prescribed authorization, and

(ii) the construction of the resource road is necessary to give effect to the authorization referred to in subparagraph (

i) of this paragraph.

(2) Despite subsection (1), after receiving a resource road permit application in relation to one or more resource roads from a holder of one or more prescribed Forest Act agreements, the authority, subject to subsection (4), must issue a permit to the applicant in relation to those resource roads if

(

a) the authority is satisfied that the application

(

i) is consistent with the prescribed criteria, if any,

(ii) meets the requirements of

section 14 (1) (

a) and (2), and

(iii) is accompanied by the fee, if any, and the security, if any, required under

section 14 (1) (b),

(

b) the authority is satisfied that the applicant meets the requirements prescribed for the purposes of this subsection,

(

c) the authority has not determined, under

section 15, that the applicant is ineligible to receive a permit, and

(

d) the authority is satisfied that there is, for each of the resource roads in relation to which the permit is to be issued, a relationship between one or more of the Forest Act agreements and that resource road.

(3) Despite subsection (1), after receiving a resource road permit application in prescribed circumstances, the authority, subject to subsection (4), must issue a permit to the applicant if

(

a) the authority is satisfied that the application

(

i) is consistent with the prescribed criteria, if any,

(ii) meets the requirements of

section 14 (1) (

a) and (2), and

(iii) is accompanied by the fee, if any, and the security, if any, required under

section 14 (1) (b),

(

b) the authority is satisfied that the applicant meets the requirements, if any, prescribed for the purposes of this subsection, and

(

c) the authority has not determined, under

section 15, that the applicant is ineligible to receive a permit.

(4) If the authority determines that the issuance of a resource road permit would compromise government objectives as specified by the regulations, the authority must refuse the application for the resource road permit.

Content of resource road permit

(1) A resource road permit must do the following:

(

a) for each resource road to which the resource road permit applies, specify, in accordance with the regulations, the nature and extent of the use of the resource road that is authorized by the resource road permit;

(

b) if

(

i) the resource road permit is to authorize construction of a resource road, or

(ii) the resource road permit is to authorize modification of a resource road and the authorized right of way must be altered to accommodate the modifications,

show or describe, as the right of way within which the resource road may be constructed or modified, an area that the authority is satisfied is appropriate for the uses for which the resource road permit is issued;

(

c) include any maintenance conditions the authority considers should be or must be attached to the resource road permit;

(

d) except in prescribed circumstances, if the authority is satisfied that Crown timber must be felled in order to enable construction, modification, maintenance or deactivation authorized or required by the resource road permit, authorize the holder to do one or both of the following in accordance with the regulations and the resource road permit:

(

i) fell Crown timber in some or all of the authorized right of way;

(ii) remove the felled Crown timber.

(2) Without limiting

section 104, the authority may, in a resource road permit, set a period during which the resource road permit remains in effect.

(3) If a resource road permit includes an authorization to remove Crown timber from the authorized right of way under subsection (1) (

d) of this section, Parts 5, 6, 7 and 11.1 of the Forest Act apply as if the holder of the resource road permit were the holder of a Forest Act agreement that required payment of stumpage.

Notification to designated maintainer

(1) If the authority issues a resource road permit in relation to a resource road and that resource road permit does not include a maintenance condition in relation to the resource road, the authority must notify the person to whom the resource road permit is issued of the identity of the designated maintainer, if any, of that resource road.

(2) A person to whom a resource road permit referred to in subsection (1) is issued in relation to a resource road must, at least the prescribed number of days before undertaking on the resource road any of the uses authorized for that resource road by the resource road permit, give to the designated maintainer, if any, of that resource road notice of

(

a) the issuance of the resource road permit,

(

b) the nature and extent of the person's proposed use of the resource road,

(

c) the date on which the person intends to begin using the resource road and the anticipated period of that use,

(

d) the term, if any, of the resource road permit,

(

e) any modifications the person wishes the designated maintainer to make to the resource road, and

(

f) any other prescribed information.

(3) Section 27 applies to any modification requested under subsection (2) (

e) of this section.

Division 2 – Amendment of Road Authorizations

Applying for amendment of road authorization

(1) The authority may by order amend a road authorization

(

a) on application by the holder of the road authorization, or

(

b) in a circumstance set out in this Act or the regulations, on the authority's own motion.

(2) To apply for an amendment of a road authorization, a holder must

(

a) submit an application

(

i) in a form approved by the authority, and

(ii) that contains the information and records referred to in subsection (3), and

(

b) submit with the application

(

i) the prescribed fee, if any, and

(ii) the prescribed type and amount of security, if any.

(3) A person making an application for an amendment of a road authorization

(

a) must, in the application,

(

i) indicate the amendment being sought,

(ii) include information that identifies, in the prescribed manner, the resource road to which the amendment applies,

(iii) if

(

A) the amendment is to authorize the applicant to construct one or more resource roads, or

(

B) the amendment is to authorize modification of a resource road and the authorized right of way must be altered to accommodate the modifications,

include, for each resource road to be constructed or modified, a map satisfactory to the authority that indicates the area the applicant wishes to have shown or described in the amended road authorization as the right of way within which the resource road may be constructed or modified, and

(iv) if the amendment is to authorize the applicant to change the use of the resource road that is authorized by the road authorization, include, in accordance with the regulations, information on the use of the resource road that is to be authorized by the road authorization, including the nature and extent of that use, and

(

b) must submit to the authority any other prescribed information and records.

Amendment of road authorization

(1) Subject to subsection (5), after receiving an application to amend a road authorization, the authority may by order amend the road authorization if

(

a) the authority is satisfied that the application

(

i) is consistent with the prescribed criteria,

(ii) meets the requirements of

section 19 (2) (

a) and (3), and

(iii) is accompanied by the fee, if any, and security, if any, required under

section 19 (2) (b),

(

b) the authority is satisfied that the amendment sought is consistent with this Act and the regulations,

(

c) the authority is satisfied that the applicant meets the requirements prescribed for the purposes of this subsection,

(

d) the authority has not determined, under

section 15, that the applicant is ineligible to receive a permit, and

(

e) in the case of an amendment to authorize construction of a resource road, the authority is satisfied that

(

i) the applicant is authorized under an agreement with government to pursue an industrial purpose or has a prescribed authorization, and

(ii) the construction of the resource road is necessary to give effect to the authorization referred to in subparagraph (

i) of this paragraph.

(2) Despite subsection (1), after receiving from a holder of one or more prescribed Forest Act agreements an application to amend the applicant's road authorization, the authority, subject to subsection (5), must by order amend the road authorization if

(

a) the authority is satisfied that the application

(

i) is consistent with the prescribed criteria,

(ii) meets the requirements of

section 19 (2) (

a) and (3), and

(iii) is accompanied by the fee, if any, and security, if any, required under

section 19 (2) (b),

(

b) the authority is satisfied that the amendment sought is consistent with this Act and the regulations,

(

c) the authority is satisfied that the applicant meets the requirements prescribed for the purposes of this subsection,

(

d) the authority has not determined, under

section 15, that the applicant is ineligible to receive a permit, and

(

e) the authority is satisfied that there is, for each of the resource roads in relation to which the amendment is to be made, a relationship between one or more of the Forest Act agreements and that resource road.

(3) Despite subsection (1), after receiving an application to amend a road authorization in prescribed circumstances, the authority, subject to subsection (5), must by order amend the road authorization if

(

a) the authority is satisfied that the application

(

i) is consistent with the prescribed criteria,

(ii) meets the requirements of

section 19 (2) (

a) and (3), and

(iii) is accompanied by the fee, if any, and security, if any, required under

section 19 (2) (b),

(

b) the authority is satisfied that the amendment sought is consistent with this Act and the regulations,

(

c) the authority is satisfied that the applicant meets the requirements, if any, prescribed for the purposes of this subsection, and

(

d) the authority has not determined, under

section 15, that the applicant is ineligible to receive a permit.

(4) If the authority amends a road authorization to authorize the holder of the road authorization to use a resource road that the holder was not, before the amendment, authorized to use and the amended road authorization does not include a maintenance condition applicable to that resource road, the following apply as if the amendment of the road authorization were the issuance of a resource road permit in relation to the resource road:

(a)

section 18 (1) and (3);

(b)

section 18 (2).

(5) If the authority determines that the amendment of a road authorization would compromise government objectives as specified by the regulations, the authority must refuse the application to amend the road authorization.

Request for modifications

21 If a road authorization is amended in relation to a resource road, the holder of the road authorization may give, to the designated maintainer, if any, of the resource road, notice of any modifications the holder wishes the designated maintainer to make to the resource road, and

section 27 applies.

Amendment of road authorization to surrender rights

(1) Without limiting any other power of the authority to amend a road authorization under this Part, the authority, on application, may by order amend a road authorization under this

section in relation to a resource road if

(

a) the holder of the road authorization is a non-maintaining user of the resource road, or

(

b) the holder of the road authorization is the designated maintainer of the resource road and the maintenance condition applicable to the resource road is a surrender condition.

(2) A holder of a road authorization referred to in subsection (1) (

b) must not make an application under this

section unless the resource road meets the condition, if any, described under

section 40 (2).

(3) To apply for an amendment of a road authorization under this section, the holder must submit an application

(

a) in a form approved by the authority, and

(

b) that contains the information and records referred to in subsection (4).

(4) A person making an application for an amendment of a road authorization under this

section

(

a) must include in the application

(

i) information that identifies, in the prescribed manner, the resource road to which the amendment applies, and

(ii) if the person is a designated maintainer referred to in subsection (1) (b), a statement that the resource road meets the condition, if any, described under

section 40 (2), and

(

b) must submit to the authority any other prescribed information and records.

(5) After receiving an application under this

section to amend a road authorization, the authority may by order amend the road authorization if the authority is satisfied that the application meets the requirements of subsections (3) and (4).

(6) An order under this

section amending a road authorization must specify the date on which the amendment is to take effect and, on that date, the road authorization is amended

(

a) to remove all of the authorizations that, under the road authorization, were provided to the holder in relation to the resource road, and

(

b) subject to sections 49 and 50 (

b) and

Part 10, to remove

(

i) all of the holder's obligations in relation to the resource road, including the maintenance condition, if any, and

(7) The specified date referred to in subsection (6) must fall within the period prescribed for the purposes of this subsection.

(8) If the authority amends a road authorization of a non-maintaining user under subsection (1) (a), the non-maintaining user must promptly give notice of that amendment to the designated maintainer of the resource road, if any.

(9) If the authority amends a road authorization of a designated maintainer under subsection (1) (

b) and there are one or more non-maintaining users of that resource road, the authority

(

a) may impose, under

section 43, a maintenance condition in relation to the resource road on one of those non-maintaining users, or

(

b) if a maintenance condition is not imposed, under

section 43, in relation to the resource road on one of those non-maintaining users, must

(

i) notify the non-maintaining users that there is no designated maintainer of the resource road, and

(ii) if

section 38 (2) applies, notify them that that

section applies.

(10) If, as a result of an amendment under subsection (1) of this section, there is no resource road to which the amended road authorization applies, the road authorization is deemed to expire on the specified date referred to in subsection (6).

Division 3 – Transfer of Road Authorization

Circumstances in which transfer may occur

(1) In prescribed circumstances, if a holder of a road authorization wishes to transfer the road authorization to another person, the person wishing to obtain the road authorization must apply to the authority.

(2) To apply for a transfer under subsection (1), a person must

(

a) submit an application in accordance with the regulations

(

i) in a form approved by the authority, and

(ii) that contains the information and records referred to in subsection (3), and

(

b) submit with the application

(

i) the prescribed fee, if any, and

(ii) the prescribed type and amount of security, if any.

(3) A person making an application for a transfer of a road authorization must submit to the authority

(

a) a consent to the transfer from the holder of the road authorization, and

(

b) any other prescribed information and records.

(4) Subject to subsection (8), after receiving an application under subsection (1) for a transfer of a road authorization, the authority may by order transfer the road authorization if

(

a) the authority is satisfied that the application

(

i) meets the requirements of subsections (2) (

a) and (3), and

(ii) is accompanied by the fee, if any, and security, if any, required under subsection (2) (b),

(

b) the authority is satisfied that the applicant meets the requirements prescribed for the purposes of this subsection,

(

c) the authority has not determined, under

section 15, that the applicant is ineligible to receive a resource road permit, and

(

d) in the case of a road authorization that authorizes construction of a resource road, the authority is satisfied that

(

i) the applicant is authorized under an agreement with government to pursue an industrial purpose or has a prescribed authorization, and

(ii) the construction of the resource road is necessary to give effect to the authorization referred to in subparagraph (

i) of this paragraph.

(5) Despite subsection (4), after receiving an application under subsection (1) for the transfer of a road authorization that relates to one or more resource roads to a holder of one or more prescribed Forest Act agreements, the authority, subject to subsection (8), must by order transfer the road authorization to the applicant if

(

a) the authority is satisfied that the application

(

i) meets the requirements of subsections (2) (

a) and (3), and

(ii) is accompanied by the fee, if any, and security, if any, required under subsection (2) (b),

(

b) the authority is satisfied that the applicant meets the requirements prescribed for the purposes of this subsection,

(

c) the authority has not determined, under

section 15, that the applicant is ineligible to receive a resource road permit, and

(

d) the authority is satisfied that there is, for each of the resource roads in relation to which the road authorization applies, a relationship between one or more of the Forest Act agreements and that resource road.

(6) Despite subsection (4), after receiving an application under subsection (1) for a transfer of a road authorization in prescribed circumstances, the authority, subject to subsection (8), must by order transfer the road authorization to the applicant if

(

a) the authority is satisfied that the application

(

i) meets the requirements of subsections (2) (

a) and (3), and

(ii) is accompanied by the fee, if any, and security, if any, required under subsection (2) (b),

(

b) the authority is satisfied that the applicant meets the requirements prescribed for the purposes of this subsection, and

(

c) the authority has not determined, under

section 15, that the applicant is ineligible to receive a resource road permit.

(7) After a transfer of a road authorization under this section, the person to whom the transfer was made must, for each resource road to which the road authorization applies, give notice of the transfer to,

(

a) if the road authorization includes a maintenance condition in relation to the resource road, the non-maintaining users, or

(

b) if the road authorization does not include a maintenance condition in relation to the resource road, the designated maintainer.

(8) If the authority determines that the transfer of a road authorization would compromise government objectives as specified by the regulations, the authority must refuse the application for the transfer.

Part 5 – Construction, Modification and Use

of Resource Roads

Division 1 – Construction and Modification of Resource Roads

Construction and modification of resource roads

24 A person who, being authorized or ordered to do so under

section 9 (1) (b), (

c) or (d), constructs or modifies a resource road must

(

a) construct or modify the resource road in accordance with

(

i) this Act,

(ii) the regulations, and

(iii) the person's road authorization, if any,

(

b) make and keep prescribed records in accordance with the regulations, and

(

c) submit prescribed reports to the authority in accordance with the regulations.

Construction and modification requirements applicable to all resource roads

25 Without limiting

section 24, a person who, being authorized or ordered to do so under

section 9 (1) (b), (

c) or (d), constructs or modifies a resource road must, unless this Act or the regulations otherwise provide, ensure that

(

a) the prescribed requirements respecting the following are complied with in relation to the construction or modification:

(

i) the location of the resource road in relation to natural and other features in the authorized right of way;

(ii) the drainage patterns and revegetation in the authorized right of way;

(iii) the design and building of bridges, culverts, fords and other structures and works associated with the resource road;

(iv) the design and installation of culverts and other drainage structures associated with the resource road,

(

b) the clearing width for the resource road complies with the regulations, and

(

c) the road prism and all access structures related to the resource road are stable.

Requirement to construct resource road if new application for construction permit is sought

(1) In this section:

"applicant" means a person whose application for the issuance or amendment of a road authorization is referred to in subsection (2);

"holder" means a person, referred to in subsection (2), to whom a road authorization has been issued that authorizes construction of a resource road.

(2) If, after a person has been issued a road authorization that authorizes construction of a resource road in the authorized right of way applicable to that resource road, the authority receives an acceptable application from a person for the issuance of a resource road permit, or for the amendment of a road authorization, that is to authorize construction of a resource road in some or all of the same right of way, the authority must, if the holder has not yet completed construction of the resource road, give to the holder a notice that complies with subsection (3).

(3) A notice referred to in subsection (2) must

(

a) advise the holder of the new application,

(

b) indicate the period within which the authority believes construction of the resource road should be completed, and

(

c) request the holder to advise the authority, in writing, within 2 weeks after the holder's receipt of the notice, of

(

i) the date, within the period referred to in paragraph (b), by which the holder intends to complete construction of the resource road, or

(ii) if the holder intends to complete the construction of the resource road by some later date, the date by which the construction is to be completed and the reason that the construction cannot reasonably be completed within the period referred to in paragraph (b).

(4) After expiry of the 2-week period referred to in subsection (3), or after receipt of the holder's advice requested under that subsection, whichever is earlier, the authority may,

(

a) if the holder has advised the authority that the holder will complete construction of the resource road by a specified date within the period referred to under subsection (3) (

b) or by a later date referred to under subsection (3) (c) (ii) that the authority considers reasonable,

(

i) order the holder to complete the construction by that date, and

(ii) do the following:

(

A) if the applicant's application was for the issuance of a resource road permit, issue to the applicant a resource road permit that does not contain an authorization to construct some or all of the resource road;

(

B) if the applicant's application was for the amendment of a road authorization, by order make the amendments sought by the application other than an amendment to include in the applicant's road authorization an authorization to construct some or all of the resource road, or

(

b) if the holder does not provide the advice referred to in paragraph (a),

(

i) do the following:

(

A) if the applicant's application was for the issuance of a resource road permit, issue to the applicant a resource road permit that contains an authorization to construct some or all of the resource road;

(

B) if the applicant's application was for the amendment of a road authorization, by order make the amendments sought by the application including the amendment to include in the applicant's road authorization an authorization to construct some or all of the resource road, and

(ii) order the applicant to complete the construction by the end of the period referred to in subsection (3) (b).

(5) If the authority issues a resource road permit to the applicant under subsection (4) (b) (i) (

A) or amends the applicant's road authorization under subsection (4) (b) (i) (B), the authority must by order amend the holder's road authorization to remove the authorization to construct the portion of the resource road referred to in the applicant's road authorization under subsection (4) (b).

If designated maintainer does not make requested modifications to resource road

27 If a non-maintaining user of a resource road who has given a notice to the designated maintainer of any modifications the person wishes the designated maintainer to make to the resource road under

section 18 (2) (e), 20 (4) (b), 21 or 32 (2) notifies the authority that the designated maintainer has not made the requested modifications,

(

a) the authority, in prescribed circumstances, may by order amend the road authorization of the non-maintaining user to authorize that non-maintaining user, for a specified period, to make, to some or all of the resource road, the modifications requested under

section 18 (2) (e), 20 (4) (b), 21 or 32 (2), and

(

b) if the authority amends the non-maintaining user's road authorization under paragraph (

a) of this section, the authority must by order amend the designated maintainer's road authorization to remove from the designated maintainer's road authorization the authorization, for the specified period, to modify the portion of the resource road referred to under paragraph (a).

Division 2 – Use of Resource Roads

Resource roads must be used safely

(1) A person who uses a resource road must do so

(

a) with due regard for safety, having regard to all circumstances, including

(

i) the nature and condition of the resource road, and

(ii) the use to which it is being put, including the amount of traffic that is, or might reasonably be expected to be, on it, and

(

b) in a manner consistent with

(

i) this Act and the regulations, and

(ii) the person's road authorization, if any.

(2) If a resource road is damaged as a result of a person's contravention of subsection (1), the authority may, in addition to any other remedy available at law, order the person to pay to the designated maintainer of the resource road, or, if none, to the government, the reasonable cost of repairing the damage.

Power to temporarily close resource road, restrict access or remove motor vehicles or animals

(1) In prescribed circumstances, the designated maintainer of a resource road or a prescribed person may, and, at any time, the authority may,

(

a) temporarily close the resource road, or

(

b) restrict persons from using the resource road for specified purposes or for specified activities.

(2) The designated maintainer of a resource road or the authority may remove a motor vehicle, animal or thing from the resource road at the expense of the owner of the motor vehicle, animal or thing if the designated maintainer or the authority believes that the presence on the resource road of the motor vehicle, animal or thing may

(

a) cause damage to the resource road or the environment,

(

b) endanger

(

i) human life, or

(ii) property, or

(

c) prevent or impede a person from using the resource road for an activity authorized under this Act.

(3) A designated maintainer or prescribed person who, under subsection (1), temporarily closes a resource road or restricts its use must

(

a) temporarily close the resource road or restrict its use in accordance with the regulations,

(

b) promptly give notice of that temporary closure or restriction to

(

i) the authority, and

(ii) any prescribed persons specified by the authority, and

(

c) reopen the resource road or remove the restriction promptly after

(

i) the justification for that temporary closure or restriction ceases to apply, or

(ii) the authority orders the reopening or removal.

(4) Unless authorized to do so under this Act or another enactment, a person must not

(

a) use a resource road while the resource road is temporarily closed under this section, or

(

b) use a resource road for a purpose or activity contrary to a restriction imposed under this section.

(5) Nothing in this

section

(

a) affects the right of a peace officer or the government, including without limitation, the authority, to use a resource road at any time, or

(

b) authorizes the removal from a resource road of any motor vehicle, animal or thing of a peace officer or the government, including without limitation, the authority.

Power to discontinue resource road

(1) In prescribed circumstances and with the written approval of the applicable ministers, the authority by order may, in the manner prescribed by the regulations, discontinue all or any part of a resource road.

(2) An order discontinuing all or any part of a resource road takes effect on the date specified in the order, and, on that date, the resource road or

part ceases to be a resource road.

Right of access

(1) A person, other than the government, must not restrict or impair another person's right to access or use a resource road unless

(

a) authorized to do so under this Act or another enactment, or

(

b) the restriction or impairment

(

i) results from any construction, modification, maintenance, use, deactivation or other activity that the person is authorized or required to do under this Act, and

(ii) is reasonable in the circumstances.

(2) A person who is entitled under subsection (1) (

a) or (

b) to restrict or impair the right of a holder of a road authorization applicable to a resource road to access or use the resource road must, if the person expects to restrict or impair that access or use for at least the period prescribed for the purposes of this subsection, give to the holder of the road authorization and to the authority notice, in accordance with the regulations, of the proposed restriction or impairment.

Changing level of use of resource road

(1) If

(

a) a non-maintaining user who is using a resource road in a manner authorized by the non-maintaining user's road authorization proposes to change the level of that use, whether in terms of the frequency of that use, the size or weight of vehicles involved in that use or otherwise, and

(

b) the extent of that change in the level of the use is such that the non-maintaining user knows or ought to know that the new level of use will affect the maintenance or modification obligations of the designated maintainer of the resource road,

the non-maintaining user must, except in prescribed circumstances, give notice of that new level of use, in accordance with the regulations, to the designated maintainer as soon as reasonably practicable before changing the level of use.

(2) A non-maintaining user of a resource road may include in any notice given to the designated maintainer under subsection (1) notice of any modifications the non-maintaining user wishes the designated maintainer to make to the resource road, and

section 27 applies.

Resolving non-compatible uses

(1) If a holder of a road authorization applicable to a resource road believes that, because of the use made of the resource road by other holders of road authorizations applicable to that resource road, the holder cannot fully or effectively make the use of the resource road that the holder is authorized to make by the holder's road authorization, the holder may submit a complaint to that effect to the authority.

(2) After receipt of a complaint under subsection (1) from a holder of a road authorization applicable to a resource road, the authority may request one or more of the other holders of road authorizations applicable to the resource road to provide a response to the complaint.

(3) The authority may make any order to respond to a complaint under this

section that the authority is authorized to make under the regulations.

High traffic roads

(1) At any time, the authority may by order designate an existing or proposed resource road as a high traffic road, generally or for a period specified in the order, if the authority considers that

(

a) there is or may be a large number of persons using the resource road for industrial purposes,

(

b) there is or may be a high level of traffic of motor vehicles using the resource road for industrial purposes, or

(

c) the resource road meets any of the prescribed criteria.

(2) For an existing or proposed resource road designated as a high traffic road, the authority may, in the order referred to in subsection (1),

(

a) establish measures, respecting the use of the high traffic road, to

(

i) improve the flow of traffic on the high traffic road, and

(ii) improve safety of persons using the high traffic road for an industrial purpose, and

(

b) in prescribed circumstances, establish other measures respecting the use of the high traffic road that have been prescribed for the purposes of this paragraph.

(3) After making an order under subsection (1), the authority must give notice of the order to the persons and in the manner prescribed by the regulations, and the order takes effect at the time prescribed.

(4) If measures are established in relation to a resource road by an order referred to in subsection (1), each person who holds a road authorization applicable to the resource road and every other person who is subject to the order must comply with the measures.

(5) A measure established in an order referred to in subsection (1) in relation to a high traffic road remains in effect until the first to occur of the following:

(

a) the period, if any, specified in the order expires;

(

b) the order is rescinded under subsection (6);

(

c) the measure is rescinded under subsection (6).

(6) If the authority by order amends or rescinds

(

a) an order referred to in subsection (1) that designates a resource road as a high traffic road, or

(

b) any measure referred to in subsection (2) in relation to a high traffic road,

the authority must promptly give notice of the amendment or rescission order in accordance with the regulations to the persons and in the manner prescribed by the regulations.

Part 6 – Maintenance of Resource Roads

Division 1 – Who Must Maintain Resource Road

Person responsible for maintenance of resource road

(1) The following person must maintain a resource road until that requirement is removed, or the person is released from that requirement, under this Act:

(

a) if a maintenance condition applicable to the resource road is attached to a person's road authorization, the person holding that road authorization must maintain the resource road;

(

b) if paragraph (

a) does not apply but under the enactment under which a person's road authorization was issued, including under any terms or conditions imposed on that person under that enactment, the person was, immediately before the coming into force of this section, required to do one of the following:

(

i) deactivate the resource road on or before a specified date or within a specified period and to maintain the resource road until its deactivation;

(ii) deactivate the resource road and to maintain the resource road until its deactivation;

(iii) maintain the resource road until the road authorization is surrendered, or amended in a manner comparable to that referred to in

section 22 (6), in relation to that resource road;

(iv) maintain the resource road for an unspecified period,

the person holding that road authorization must maintain the resource road.

(2) For the purposes of this Act and the regulations,

(

a) a requirement referred to in subsection (1) (b) (

i) of this

section is deemed to be a dated deactivation condition,

(

b) a requirement referred to in subsection (1) (b) (ii) is deemed to be a deactivation condition,

(

c) a requirement referred to in subsection (1) (b) (iii) is deemed to be a surrender condition, and

(

d) a requirement referred to in subsection (1) (b) (iv),

(

i) except in prescribed circumstances, is deemed to be a deactivation condition, and

Division 2 – What Maintenance Entails

Maintenance requirements

36 The designated maintainer of a resource road must

(

a) perform the maintenance required by

(

i) this Act,

(ii) the regulations, and

(iii) the designated maintainer's road authorization,

(

b) without limiting paragraph (

a) but subject to

section 27 (b), modify the resource road when and as necessary to ensure that the resource road meets the requirements of this Act and the regulations, and

(

c) without limiting paragraph (

a) or (

b) of this section, except in prescribed circumstances, perform the maintenance and undertake the modifications necessary to ensure that

(

i) the clearing width for the resource road complies with the regulations,

(ii) the road prism and all access structures related to the resource road are stable,

(iii) the bridges, culverts, fords and other structures and works associated with the resource road are appropriate and functional,

(iv) the resource road can be used safely by all holders of road authorizations applicable to the resource road, and

(

v) the resource road otherwise meets the requirements of this Act and the regulations.

Additional maintenance or modification requirements

(1) In prescribed circumstances, the authority by order may, with the written approval of an applicable minister, require the designated maintainer of a resource road to carry out maintenance or modification of that resource road that is additional to the maintenance or modification activities the designated maintainer is otherwise required to perform under this Act.

(2) If the authority requires additional maintenance or modification under subsection (1),

(

a) the designated maintainer must, despite any other provision of this Act or the regulations, promptly carry out the additional maintenance or modification, and

(

b) the applicable minister who gave the approval referred to in subsection (1) must fund that additional maintenance or modification in the amounts and at the times prescribed.

Division 3 – Contribution to Maintenance and Capital Costs

Non-maintaining users must contribute maintenance fees

(1) Subject to subsection (2), each non-maintaining user of a resource road must, unless exempted under this Act, pay to the designated maintainer of that resource road maintenance fees

(

a) in accordance with the terms of any agreement in effect between the non-maintaining user and the designated maintainer respecting the payment of maintenance fees, or

(

b) if there is no agreement under paragraph (a), in the amounts and at the times prescribed.

(2) If there is no designated maintainer of a resource road, each non-maintaining user of the resource road must, except in prescribed circumstances, pay to the government maintenance fees

(

a) in the amounts and at the times agreed between the non-maintaining user and the government, or

(

b) if there is no agreement under paragraph (a), in the amounts and at the times prescribed.

User may contribute to recovery of capital costs

(1) In this section, "road builder" means a holder of a road authorization applicable to a resource road who constructed or modified the resource road.

(2) A road builder may, in prescribed circumstances, require another holder of a road authorization applicable to the resource road constructed or modified by the road builder to reimburse the road builder for capital costs, if those capital costs were incurred by the road builder in relation to that construction or modification and were not reimbursed to the road builder under

section 37 (2) (b),

(

a) in the amounts and at the times agreed between the holder and the road builder, or

(

b) if there is no agreement under paragraph (a), in the circumstances and amounts and at the times prescribed.

(3) If the government constructed or modified a resource road, the government may, in prescribed circumstances, require a holder of a road authorization applicable to the resource road to reimburse the government for capital costs, if those capital costs were incurred by the government in relation to the construction or modification of that resource road,

(

a) in the amounts and at the times agreed between the holder and the government, or

(

b) if there is no agreement under paragraph (a), in the circumstances and amounts and at the times prescribed.

(4) A holder of a road authorization who is required to make a payment under subsection (2) or (3) must make that payment when and as required.

(5) A person must not, under subsection (2) or (3), obtain from holders of road authorizations applicable to a resource road payments that, in total, exceed the capital costs incurred by the person in relation to the construction or modification of the resource road.

Division 4 – Imposing and Transferring Maintenance Conditions

When maintenance conditions are attached

(1) Subject to

section 41 (4), when issuing or amending a road authorization applicable to a resource road, the authority

(

a) must, in prescribed circumstances, attach to the road authorization a term or condition requiring the holder

(

i) to deactivate the resource road on or before a specified date or within a specified period, and

(ii) to maintain the resource road until the holder begins the deactivation of the resource road required under subparagraph (

i) of this paragraph and then to maintain the resource road in accordance with

section 47 (1) until released from that obligation under

section 47 (3),

(

b) must, if paragraph (

a) does not apply and the road authorization authorizes the holder to construct a resource road, attach to the road authorization a term or condition requiring the holder to deactivate the resource road and to do whichever of the following is applicable:

(

i) maintain the resource road in accordance with

section 47 (1) until released from that obligation under

section 47 (3);

(ii) if, under

section 45 (4) (

c) or (5) (b), the holder is released from the obligation to deactivate the resource road, maintain the resource road until the holder's road authorization ceases to apply to the resource road under

section 45 (7) (c), and

(

c) may, in any other circumstance, attach to the road authorization

(

i) a term or condition referred to in paragraph (b), or

(ii) a term or condition requiring the holder to maintain the resource road until the obligation to maintain that resource road is removed under

section 22 (6) (b).

(2) If and to the extent provided in the regulations, the authority may, in accordance with the regulations, include in any surrender condition attached to a road authorization a description of the condition the resource road must be in at the time the road authorization is amended under

section 22 (1).

Attaching maintenance conditions

(1) If the authority receives an application for the issuance or amendment of a road authorization in relation to a resource road and the authority determines that a maintenance condition should or must, in relation to the resource road, be attached to any road authorization that is issued or amended by the authority in response to the application, the authority must, unless the applicant has, in the application or otherwise, already agreed to accept the maintenance condition, do the following before issuing or amending the road authorization:

(

a) give notice of the determination to the applicant, setting out the maintenance condition the authority considers should or must be attached to the road authorization in relation to that resource road;

(

b) obtain the applicant's written acceptance of that maintenance condition.

(2) If an applicant for the issuance or amendment of a road authorization to whom notice is given under subsection (1) (

a) gives to the authority the written acceptance referred to in subsection (1) (

b) or has already agreed to accept the maintenance condition referred to in subsection (1), the authority

(

a) may, and in prescribed circumstances must, issue or amend the road authorization,

(

b) must, subject to this section, attach to that road authorization in relation to the resource road the maintenance condition accepted by the applicant, and

(

c) must give to all non-maintaining users of that resource road notice of

(

i) the issuance or amendment of the road authorization under this section, and

(ii) the maintenance condition attached to it.

(3) If an applicant to whom notice is given under subsection (1) (

a) has not agreed to accept the maintenance condition referred to in subsection (1) in relation to the resource road and does not, within 7 days after receiving the notice, give to the authority the written acceptance referred to in subsection (1) (

b) in relation to the resource road, the applicant's application is deemed to have been withdrawn in relation to that resource road.

(4) If, at the time that the authority attaches to a road authorization a maintenance condition applicable to a resource road, there is a designated maintainer of the resource road, the authority must by order amend the road authorization of the designated maintainer to remove from it the maintenance condition applicable to the resource road.

General transfer of maintenance condition from one user to another by agreement

(1) If a road authorization includes or is subject to a maintenance condition in relation to a resource road, the designated maintainer may enter into an agreement with a non-maintaining user of the resource road under which the designated maintainer's maintenance condition applicable to the resource road is to be transferred to the non-maintaining user.

(2) If a designated maintainer and a non-maintaining user enter into an agreement referred to in subsection (1), written notice of that agreement must be given to the authority.

(3) Notice given to the authority under subsection (2) must

(

a) include the prescribed information and records, if any, and

(

b) except in prescribed circumstances, be accompanied by

(

i) the prescribed fee, if any, and

(ii) the prescribed type and amount of security, if any.

(4) After receiving a notice under subsection (2), the authority may by order amend the road authorizations of each of the parties to the agreement referred to in subsection (1) to reflect the transfer of the maintenance condition if

(

a) the authority is satisfied that the notice

(

i) meets the requirements of subsection (3) (a), and

(ii) is accompanied by the fee, if any, and security, if any, required under subsection (3) (b),

(

b) the authority is satisfied that the non-maintaining user to whom the maintenance condition is to be transferred meets the requirements prescribed for the purposes of this subsection, and

(

c) the authority has not determined, under

section 15, that the non-maintaining user to whom the maintenance condition is to be transferred is ineligible to receive a resource road permit.

(5) After an order is made under subsection (4),

(

a) the authority must promptly identify to the non-maintaining user to whom the maintenance condition is being transferred all of the non-maintaining users of the resource road, and

(

b) the non-maintaining user to whom the maintenance condition is being transferred

(

i) becomes the designated maintainer of the resource road on the effective date of the amendments referred to in subsection (4), and

(ii) must notify the other non-maintaining users of the resource road of the order.

(6) If the authority is not satisfied as required by subsection (4), the authority must so advise the parties to the agreement and the designated maintainer remains the designated maintainer of the resource road.

Transfer of maintenance condition from one user to another by order

(1) If a road authorization includes or is subject to a maintenance condition in relation to a resource road, the authority may by order, in prescribed circumstances and in accordance with the regulations,

(

a) amend the road authorization of the designated maintainer to remove, generally or for a specified period, the maintenance condition applicable to the resource road, and

(

b) amend the road authorization of a non-maintaining user of the resource road to attach, generally or for a specified period, a maintenance condition applicable to the resource road.

(2) If the authority makes an order under subsection (1),

(

a) the authority must give notice of that order and the date that it takes effect (in this subsection, the "transfer date") to the person who will cease to be the designated maintainer and to the person who will become the new designated maintainer,

(

b) the non-maintaining user referred to in subsection (1) (

b) becomes, on the transfer date, the designated maintainer of the resource road generally or for the specified period,

(

c) the authority must identify to the non-maintaining user referred to in subsection (1) (

b) all of the other non-maintaining users, if any, of the resource road, and

(

d) the authority must identify the non-maintaining user referred to in subsection (1) (

b) to all of the other non-maintaining users, if any, of the resource road and indicate the date on which that person became, or will become, the designated maintainer of the resource road.

Power of authority

44 The authority may exercise its powers under this Act to add a maintenance condition to a road authorization, or to remove or transfer a maintenance condition from a road authorization, whether or not

(

a) the road authorization is a resource road permit,

(

b) the maintenance condition is included in a road authorization, or

(

c) the maintenance condition is a requirement referred to in

section 35 (1) (b).

Part 7 – Deactivation of Resource Roads

Deactivation of resource road

(1) A person must not deactivate a resource road unless the person is

(

a) the government,

(

b) the designated maintainer of the resource road whose road authorization includes or is subject to a dated deactivation condition,

(

c) the designated maintainer of the resource road whose road authorization includes or is subject to a deactivation condition that specifies that the designated maintainer may deactivate the resource road without applying under this

section for an authorization to deactivate,

(

d) a designated maintainer, other than a designated maintainer referred to in paragraph (c), whose road authorization includes or is subject to a deactivation condition, or

(

e) a person who is ordered to do so under another provision of this Act.

(2) Before deactivating a resource road,

(

a) the designated maintainer referred to in subsection (1) (

b) or (c)

(

i) may give to the authority a deactivation application in a form satisfactory to the authority, and

(ii) in that event, must, before deactivating the resource road, receive from the authority an authorization under subsection (4) (

b) or (5) (

a) to deactivate the resource road, or

(

b) the designated maintainer referred to in subsection (1) (

d) must

(

i) give to the authority a deactivation application in a form satisfactory to the authority, and

(ii) before deactivating the resource road, receive from the authority an authorization under subsection (4) (

b) or (5) (

a) to deactivate the resource road.

(3) A deactivation application under subsection (2) (a) (

i) or (b) (

i) must

(

a) identify, in the manner provided by the regulations, the resource road to be deactivated, and

(

b) include any other prescribed information and records.

(4) After receiving a deactivation application under subsection (2) that complies with subsection (3), the authority must, in accordance with the regulations, do one of the following:

(

a) give public notice of the deactivation application and provide, in accordance with the regulations, an opportunity for public review of and comments on the deactivation application;

(

b) by order, authorize the designated maintainer to deactivate the resource road;

(

c) by order, release the designated maintainer from the requirement to deactivate the resource road.

(5) After any public consultation process instituted under subsection (4) (

a) is complete, the authority must, in accordance with the regulations, do one of the following by order:

(

a) authorize the designated maintainer to deactivate the resource road;

(

b) release the designated maintainer from the requirement to deactivate the resource road.

(6) If the authority authorizes a designated maintainer to deactivate a resource road under subsection (4) (

b) or (5) (a), the authority must give notice of that order to the designated maintainer and may, in that notice, set a date, which date must fall within the period prescribed for the purposes of this subsection, before which the designated maintainer must not undertake any deactivation activities.

(7) If, under subsection (4) (

c) or (5) (b), the authority makes an order releasing the designated maintainer from the requirement to deactivate the resource road,

(

a) the authority must give notice of that order to the designated maintainer,

(

b) in prescribed circumstances, the designated maintainer must pay to the government, within the period prescribed for the purposes of this paragraph, the prescribed deactivation-release fee,

(

c) the road authorization of the designated maintainer ceases to apply to the resource road,

(

i) subject to subparagraph (ii) of this paragraph, on the later of

(

A) the date specified in the order, and

(

B) the date on which notice of the order is given to the designated maintainer, or

(ii) if the designated maintainer is required under paragraph (

b) to pay a deactivation-release fee, on the latest of

(

A) the date specified in the order,

(

B) the date on which notice of the order is given to the designated maintainer, and

(

C) the date on which the payment is made,

(

d) if there are one or more non-maintaining users of the resource road, the authority by order may, in accordance with the regulations, amend the road authorization of one of those non-maintaining users to attach to it a maintenance condition in relation to the resource road, and

(

e) one of the following applies:

(

i) if the designated maintainer's road authorization applies to one or more other resource roads in addition to the resource road in relation to which the release is provided (in this paragraph, the "released resource road"), the authority must by order amend the designated maintainer's road authorization to do the following effective on the date on which the road authorization of the designated maintainer ceases under paragraph (

c) to apply to the released resource road:

(

A) remove all of the authorizations that under the road authorization were provided to the designated maintainer in relation to the released resource road;

(

B) without limiting sections 49 and 50 (

b) and

Part 10, remove

(

I) all of the designated maintainer's obligations in relation to the released resource road, including the maintenance condition, if any, and

(ii) if the designated maintainer's road authorization applies to no resource roads other than the released resource road, the road authorization is deemed to expire on the date on which the road authorization of the designated maintainer ceases under paragraph (

c) of this subsection to apply to the released resource road.

Deactivation requirements

(1) In order to deactivate a resource road, the designated maintainer

(

a) must deactivate the resource road in accordance with

(

i) this Act,

(ii) the regulations, and

(iii) the designated maintainer's road authorization,

(

b) without limiting paragraph (a), must, except in prescribed circumstances,

(

i) barricade the road surface width in a clearly visible manner to prevent access by motor vehicles, other than all-terrain vehicles,

(ii) remove stream pipe culverts and other prescribed culverts,

(iii) remove bridge and culvert superstructures, and

(iv) remove bridge and culvert substructures, if the failure of those substructures would have a material adverse effect on downstream property, improvements or forest resources, and

(

c) without limiting paragraph (a), must, in prescribed circumstances, stabilize the road prism and the clearing width of the road.

(2) A resource road is deactivated when it meets the condition prescribed for the purposes of this subsection.

(3) If the road authorization of a person who is authorized or required to deactivate a resource road does not include an authorization to fell Crown timber for that purpose, the person may apply to the authority to amend that person's road authorization to obtain that authorization, and the authority may, if satisfied that Crown timber must be felled in order to allow the authorized deactivation of the resource road, by order amend the road authorization to authorize the designated maintainer to do one or both of the following in accordance with the regulations and the resource road permit:

(

a) fell Crown timber in some or all of the authorized right of way;

(

b) remove the felled Crown timber.

(4) If a person is authorized under subsection (3) (

b) to remove Crown timber from the authorized right of way, Parts 5, 6, 7 and 11.1 of the Forest Act apply as if the person were the holder of a Forest Act agreement that required payment of stumpage.

Requirement to maintain when road is under deactivation

(1) A designated maintainer who is authorized under

section 45 (1) (

b) or (c), (4) (

b) or (5) (

a) to deactivate a resource road must

(

a) maintain any portion of the resource road that is not under deactivation, and

(

b) for any portion of the resource road that is under deactivation, maintain the portion but only to the extent necessary to ensure that the portion meets the requirements prescribed for the purposes of this paragraph.

(2) For the purposes of subsection (1), a portion of a resource road is under deactivation when the designated maintainer has

(

a) begun but not completed on that portion of the resource road

(

i) activities referred to in

section 46 (1), or

(ii) activities identified in the regulations as deactivation activities, and

(

b) posted, in accordance with the regulations, signage that indicates, in the prescribed manner, that the resource road beyond the signage is under deactivation.

(3) A designated maintainer of a resource road is released from the requirement to maintain the resource road once it has been deactivated.

Notice of deactivation

(1) In this section, "notification" means a record prescribed for the purposes of this section.

(2) After a designated maintainer deactivates a resource road, the designated maintainer must give to the authority a notification that includes notice of that deactivation.

(3) If the authority receives a notification referred to in subsection (2), one of the following applies:

(

a) if the designated maintainer's road authorization applies to one or more other resource roads in addition to the deactivated resource road, the authority must by order amend the designated maintainer's road authorization to

(

i) remove from the road authorization all of the authorizations that, under that road authorization, were provided to the designated maintainer in relation to the deactivated resource road, and

(ii) without limiting sections 49 and 50 (

b) and

Part 10, remove from that road authorization, effective on the date on which rights are removed under subparagraph (

i) of this paragraph,

(

A) all of the designated maintainer's obligations in relation to the deactivated resource road, including the maintenance condition, if any, and

(

b) if the designated maintainer's road authorization applies to no resource roads other than the deactivated resource road, the road authorization is deemed to expire on the authority's receipt of the notification.

Part 8 – Retention and Extinguishment of Liability

Division 1 – No Release by Expiry or Cancellation

Continuing liability

(1) If a road authorization expires in relation to a resource road or is cancelled in relation to a resource road,

(

a) the person who held the road authorization must, after the date of the expiry or cancellation, do the following in accordance with the regulations:

(

i) pay to the government any money owing by the person to the government under this Act in relation to the resource road;

(ii) pay to the designated maintainer, if any, of the resource road any unpaid maintenance fees payable under

section 38 in respect of that resource road by the person and any unpaid capital contribution payable under

section 39 in respect of that resource road by the person, and

(

b) the authority may in respect of any requirement, under this Act or under the road authorization, that the holder was obligated to fulfill but had not fulfilled in relation to the resource road before the expiry or cancellation, order the person who held the road authorization to fulfill that requirement.

(2) Subject to subsection (3) of this section, a person who has been ordered to fulfill a requirement under subsection (1) (

b) may enter on Crown land for the purposes of fulfilling the requirement.

Offences or penalties not affected

50 None of the following events affects, or relieves a person from the consequences of, any offence or contravention or any related fine, imprisonment, fee, charge or administrative remedy, if the offence or contravention occurred before the event:

(

a) the issuance of a resource road permit to the person;

(

b) the amendment of the person's road authorization;

(

c) a transfer of the person's road authorization;

(

d) a transfer under Division 4 of

Part 6 of a maintenance condition from the person's road authorization;

(

e) a release of the person under

section 45 (4) (

c) or (5) (

b) from the requirement to deactivate a resource road;

(

f) a release of the person under

section 47 (3) from the requirement to maintain a resource road;

(

g) an order of the authority under

section 52 exempting the person from complying with a requirement under this Act;

(

h) the expiry or cancellation of the person's road authorization.

Division 2 – Exceptions, Exemptions and Declarations

No contravention if required to conform with other enactments

51 A person does not contravene this Act or the regulations by doing or omitting to do something if the act or omission is necessary to conform with the requirements under the Workers Compensation Act or any other prescribed enactment.

Exemptions by authority

52 On application or on its own motion, the authority may by order exempt a person from complying with one or more requirements under this Act, other than a requirement prescribed for the purposes of this section, if the authority is satisfied that, in the circumstances,

(

a) it is not reasonably practicable to require the person to comply with the requirement, or

(

b) the exemption is authorized by the regulations.

Declarations

(1) If one or more requirements under this Act are prescribed for the purposes of this section, a holder of a road authorization may submit to the authority a written declaration stating that a prescribed requirement, identified in the declaration, has been fulfilled.

(2) A declaration under subsection (1) must

(

a) be signed

(

i) by the holder, or

(ii) on the holder's behalf by an individual authorized in that regard, and

(

b) specify the date on which the declaration is made.

(3) Subject to subsections (4) and (5), on the date the authority receives the declaration submitted and signed in accordance with subsections (1) and (2), the holder who submitted the declaration is deemed to have fulfilled the requirement specified in the declaration.

(4) If

(

a) within the period, prescribed for the purposes of this subsection, after receiving a declaration submitted by a holder under subsection (1), and

(

b) after giving the holder an opportunity to be heard,

the authority determines by order that the requirement specified in the declaration has not been fulfilled, the authority must give written notice of the order to the holder and must include with the notice the reasons for the order.

(5) A holder who submits a declaration under subsection (1) remains responsible for fulfilling the requirement referred to in the declaration if

(

a) the authority determines, by order under subsection (4), that the requirement has not been fulfilled and gives notice of that determination in accordance with that subsection, or

(

b) the authority, after giving the holder an opportunity to be heard, determines that the holder

(

i) made a material misrepresentation or misstatement of fact in the declaration in relation to the requirement, or

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

Part 9 – Inspections

Definition

54 In this Part, "road authorization records" , in relation to a resource road, means

(

a) a road authorization applicable to the resource road, and

(

b) any other record relating to the resource road that is required to be kept under this Act.

Entry and inspection

(1) The authority may, at any reasonable time, enter on land or premises, other than a dwelling house or a room being used as a dwelling, if the authority has reasonable grounds to believe that

(

a) the land or premises is an authorized right of way or is otherwise the site of an activity

(

i) for which a road authorization or other authorization under this Act is required,

(ii) that is otherwise regulated under this Act, or

(iii) that may affect a resource road or the health or safety of any person using a resource road,

(

b) it is necessary to inspect the land or premises in order to determine if

(

i) construction, modification, maintenance, deactivation, temporary closure, restriction on use or use of a resource road is being or has been carried out in accordance with this Act, the regulations and an applicable road authorization, or

(

c) it is necessary to inspect the land in order to determine the consequences of

(

i) the construction, modification, maintenance, deactivation, temporary closure, restriction on use or use of the resource road, or

(ii) an activity referred to in paragraph (b) (ii).

(2) If the authority enters on land or premises under subsection (1), the authority may

(

a) inspect any thing or activity that is reasonably related to the purpose of the inspection, and

(

b) require production of road authorization records for the purposes of inspection or copying.

Inspection of motor vehicles

(1) The authority or a peace officer may

(

a) require a person operating a motor vehicle to stop the motor vehicle, and

(

b) carry out an inspection of the motor vehicle and any records required under this Act that are in the person's possession or control,

if the authority or peace officer has reasonable grounds to believe that the person is contravening or has contravened one or more provisions of this Act or the regulations.

(2) A person operating a motor vehicle must stop the motor vehicle when required to do so by the authority or a peace officer under subsection (1) if the authority or peace officer

(

a) is in uniform,

(

b) displays his or her official identification, or

(

c) is in or near a motor vehicle that is readily identifiable as a motor vehicle of the authority or peace officer.

Inspection of records of holder of road authorization

(1) The authority may order a holder of a road authorization to produce to the authority records, specified by the authority, related to

(

a) any application for a road authorization or other authorization under this Act, or

(

b) any matter for which a road authorization or other authorization under this Act is or may be required under this Act.

(2) At any reasonable time, the authority may, for the purpose of inspecting or copying road authorization records, enter the business premises, other than a dwelling house or a room being used as a dwelling, of a holder of a road authorization.

Inspection of records held by others

(1) The authority may order a person who is not the holder of a road authorization applicable to a resource road to produce to the authority specified road authorization records applicable to the resource road that are in the person's possession or control.

(2) At any reasonable time, the authority may enter the business premises, other than a dwelling house or a room being used as a dwelling, of a person who is not the holder of a road authorization applicable to a resource road for the purpose of inspecting or copying road authorization records applicable to the resource road that are in the person's possession or control.

Purpose of inspection

59 The authority may exercise a power under

section 55, 57 or 58, and the authority or a peace officer may exercise a power under

section 56, for any purpose related to the administration or enforcement of this Act or the regulations.

Proof of identity

60 A person who under this Part enters on land or premises, conducts an inspection, requests records or stops a motor vehicle must provide proof of identity if requested to do so by the person who

(

a) is in possession or apparent possession of land or premises being inspected,

(

b) has apparent possession or control of records or property being sought or inspected,

(

c) is in charge of an activity being inspected, or

(

d) is operating a motor vehicle stopped under

section 56.

Obligation of person inspected

61 A person who

(

a) is in possession or apparent possession of land or premises being inspected,

(

b) has apparent possession or control of records or property being sought or inspected,

(

c) is in charge of an activity being inspected, or

(

d) is operating a motor vehicle stopped under

section 56

must produce, if and as required by the person conducting the inspection, one or more of

(

e) proof of identity, and

(

f) road authorization records in the person's possession or control.

Part 10 – Administrative Remedies

Division 1 – Stop Orders and Intervention Orders

Stop order

(1) Without limiting any other actions that may be taken under this Part, if the authority has reasonable grounds to believe that a person is contravening this Act or the regulations, the authority may order the person to stop the contravention or to stop the contravention to the extent specified by the order.

(2) An order under subsection (1) takes effect immediately unless the order states otherwise.

(3) An order under subsection (1) may, but need not, be directed to one or more specified persons.

(4) An order under subsection (1) must be in writing and must include all of the following:

(

a) the nature of the contravention;

(

b) the extent to which the contravention or activity must cease;

(

c) the date by which, or the circumstances in which, all or part of the order is to terminate;

(

d) notice that there is a right to a review under

section 81 or to an appeal under

section 87, including the address to which a request for a review or a notice of appeal is to be delivered.

(5) In addition to the methods of giving notice under

section 117, if the authority makes an order under subsection (1) of this section, the authority may give the order to a corporation or partnership by giving it to an individual who is working on behalf of the corporation or partnership at the site at which the contravention is or may be occurring.

(6) If an order is given to a corporation or partnership in the manner provided for in subsection (5), the authority must, within a reasonable time, also give a copy of the order to the corporation or partnership in accordance with

section 117.

(7) After making an order under subsection (1), the authority must rescind all or part of the order if the authority determines that there were insufficient grounds for making the rescinded portion of the order.

(8) Section 105 does not apply to an order made under this section.

Intervention order

(1) Without limiting any other actions that may be taken under this Part, the authority may order a person to

(

a) stop, in the manner and to the extent that the authority considers reasonable in the circumstances,

an act or omission of the person if the authority reasonably believes that

(

i) the act or omission, if not stopped, will result in a contravention of this Act or the regulations, and

(ii) the contravention referred to in subparagraph (

i) will or probably will cause prescribed adverse effects, or

(

b) undertake, in the manner and to the extent that the authority considers reasonable in the circumstances, an action if the authority reasonably believes that

(

i) the action will avoid a contravention of this Act or the regulations, and

(ii) the contravention referred to in subparagraph (

i) will or probably will cause prescribed adverse effects.

(2) An order under subsection (1) must include all of the following:

(

a) the nature of the contravention that the authority believes will result if

(

i) the act or omission referred to in subsection (1) (

a) is not stopped, or

(ii) the action referred to in subsection (1) (

b) is not undertaken;

(

b) the activities that must be stopped or undertaken;

(

c) the date by which, or the circumstances in which, the order under subsection (1) is to terminate;

(

d) notice of the person's right to a review under

section 81 or to an appeal under

section 87, including the address to which a request for a review or a notice of appeal is to be delivered.

(3) If the authority determines that all or part of an order under subsection (1) is no longer necessary, the authority must rescind the order except those aspects, if any, that the authority determines are still necessary.

(4) The Lieutenant Governor in Council may prescribe the circumstances in which and the conditions on which a person who has stopped

an act or omission under subsection (1) (

a) or undertaken an action under subsection (1) (

b) may recover all or part of the direct costs incurred in doing so.

Peace officers may accompany

64 The authority exercising powers or performing duties under this Division or

Part 9 may be accompanied by a peace officer.

Division 2 – Consent Agreements

Consent agreements

(1) If the authority and a holder of a road authorization or other authorization under this Act agree that the holder or an employee, contractor or agent of the holder may be contravening or may have contravened this Act or the regulations, the authority and the holder may enter into a consent agreement under which

(

a) the holder agrees to do one or more of the following:

(

i) carry out remedial measures specified in the agreement;

(ii) act, or cease from acting, in the manner specified in the agreement;

(iii) take any measures specified in the agreement to prevent

(

A) the event that may be or may have been a contravention from continuing, or

(

B) a similar event from occurring in the future;

(iv) pay to the government an amount of money that is specified in the agreement, whether or not that amount includes, is or may be considered to be or to include

(

A) a penalty,

(

B) payment for costs or expenses incurred by the authority, or

(

C) any other amount, and

(

b) the authority agrees not to make any determinations under Division 3 with respect to the event that may be or may have been a contravention unless the holder does not comply with the agreement.

(2) A holder of a road authorization or other authorization under this Act who enters into a consent agreement under subsection (1) must comply with the agreement.

Division 3 – Contraventions

Contravention orders

(1) If the authority believes that a person may have contravened this Act or the regulations, the authority may give to the person a notice in accordance with subsection (2).

(2) A notice referred to in subsection (1) must

(

a) identify the alleged contravention,

(

b) if the authority believes that, if the alleged contravention is found, the authority may consider suspending or cancelling, under

section 68, some or all of the authorizations in the person's road authorization or other authorization under this Act, indicate that fact,

(

c) offer the person an opportunity to be heard in relation to the alleged contravention, and

(

d) indicate that the authority may, by order under subsection (3) of this section, find that the contravention has occurred and impose an administrative remedy for that contravention unless, within 30 days after the person's receipt of the notice, the person arranges with the authority a satisfactory date and manner for the offered opportunity to be heard.

(3) If a person who is given a notice under subsection (1) does not, within 30 days after the receipt of the notice, arrange with the authority a satisfactory date and manner for the offered opportunity to be heard, the authority may

(

a) by order find that the contravention has or has not occurred, and

(

b) if a contravention is found,

(

i) refrain from imposing an administrative remedy under

section 68, or

(ii) subject to subsection (5) of this section, by order impose one or more of the administrative remedies referred to in

section 68 for the contravention.

(4) If a person who is given a notice under subsection (1) does, within 30 days after the receipt of the notice, arrange with the authority a satisfactory date and manner for the offered opportunity to be heard, the authority may, after that date,

(

a) by order find that a contravention has or has not occurred, and

(

b) if a contravention is found,

(

i) refrain from imposing an administrative remedy under

section 68, or

(ii) subject to subsection (5) of this section, by order impose one or more of the administrative remedies referred to in

section 68 for the contravention.

(5) Unless, under subsection (2) (

b) of this section, the authority indicated in the notice referred to in subsection (1) that the authority may consider a suspension or cancellation, the authority must not impose a suspension or cancellation under

section 68.

(6) If under subsection (3) or (4) of this

section the authority finds that a person has contravened this Act or the regulations, the authority must give to the person an order that

(

a) sets out that finding,

(

b) subject to

section 68 (2) and subsection (5) of this section, imposes one or more of the administrative remedies referred to in

section 68, and

(

c) gives notice of the person's right to a review under

section 81 or to an appeal under

section 87, including the address to which a request for a review or a notice of appeal is to be delivered.

Extended contravention

(1) If

an act or omission of an employee, contractor or agent of a holder of a road authorization or other authorization under this Act while acting within the scope of the person's employment, contract or agency

(

a) is contrary to a requirement imposed on the holder, or on the employee, contractor or agent, under this Act, or

(

b) otherwise results in the holder being in breach of a requirement of this Act or the regulations,

the holder of the road authorization or other authorization under this Act may be found liable for the contravention arising from that act or omission.

(2) If a corporation contravenes a provision of this Act or the regulations, a director or an officer of the corporation who authorized, allowed or acquiesced in the contravention also contravenes the provision.

(3) If a person's act or omission may be a contravention of a provision of this Act or the regulations, one or more of the following may be found liable for a contravention in relation to that act or omission:

(

a) the person;

(

b) any person directly or indirectly responsible for the act or omission who is the employee, contractor or agent of any person who, under this paragraph or paragraph (a), may be found liable for a contravention in relation to that act or omission.

(4) Nothing in this

section overrides

section 72.

Remedies

(1) Subject to subsection (3) of this section, if the authority sets out, in an order under

section 66 (6), its finding that a person has contravened this Act or the regulations, the authority by order

(

a) may impose a penalty on the person in an amount that does not exceed the amount prescribed for the contravention,

(

b) may determine the amount that is equal to the dollar value of any property of the government, including, without limitation,

(

i) Crown timber,

(ii) other prescribed forest land resources, and

(iii) prescribed grass land resources,

that was damaged or destroyed as a result, directly or indirectly, of the contravention,

(

c) except in prescribed circumstances, may order the person to pay, in addition to any administrative penalty imposed under paragraph (a), the amount determined under paragraph (b),

(

d) subject to

section 66 (5), may suspend or cancel the person's road authorization or other authorization under this Act, if any, or any or all of the authorizations under that road authorization or other authorization under this Act,

(

e) may, if the person is a holder or a former holder of a road authorization or other authorization under this Act, order the person to

(

i) do one or both of

(

A) if the contravention arose as a result of the person failing to comply with a provision of this Act or the regulations, comply with the provision, and

(

B) perform the remedial measures the authority considers are reasonably necessary to remedy one or both of the contravention and the effects of the contravention, and

(ii) except in prescribed circumstances, provide security, if any, that the authority considers appropriate respecting the compliance or remedial measures, and

(

f) if work necessary to remedy the effects of the contravention has been or may be undertaken under

section 74 (1) by the authority, may order the person to pay, in addition to any administrative penalty imposed under paragraph (

a) of this subsection and any amount ordered under paragraph (c), the reasonable costs directly or indirectly incurred to perform that work.

(2) If the authority finds that a person has contravened this Act or the regulations, the authority need not impose an administrative remedy on the person if the authority considers that the contravention is trifling or that it is not in the public interest to impose an administrative remedy.

(3) Before imposing an administrative penalty on a person under subsection (1) (

a) in relation to a contravention, the authority must consider the following:

(

a) previous contraventions of a similar nature by the person;

(

b) the gravity and magnitude of the contravention;

(

c) whether the contravention was repeated or continuous;

(

d) whether the contravention was deliberate;

(

e) any economic benefit derived by the person from the contravention;

(

f) the person's cooperativeness and efforts to correct the contravention;

(

g) any other prescribed matters.

(4) If the authority by order under this

section imposes an administrative remedy on a person, the authority must give a copy of that order to the person, which order must set out

(

a) the amount of any administrative penalty imposed on the person,

(

b) if the order includes an order under subsection (1) (c), the amount determined under subsection (1) (

b) and itemized particulars of that amount,

(

c) the effective date, term and duration of any suspension ordered under this section,

(

d) the effective date of any cancellation ordered under this section,

(

e) if the order includes an order under subsection (1) (e),

(

i) the remedial measures required by the authority,

(ii) the date by which the remedial measures must be completed,

(iii) the form and amount of security, if any, required under subsection (1) (e) (ii),

(

v) the authority's right under

section 74 to carry out the remedial measures,

(

f) if the order includes an order under subsection (1) (

f) of this section,