Copyright (

c) Queen's Printer,

Victoria, British Columbia, Canada

License

Disclaimer

1998/99 Legislative Session: 3rd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE DAVID ZIRNHELT

MINISTER OF FORESTS

BILL 34 – 1998

FORESTS STATUTES AMENDMENT ACT, 1998

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province

of British Columbia, enacts as follows:

Forest Act

Section 1 (1) of the Forest Act, R.S.B.C. 1996, c. 157, is amended by adding the following

definitions:

"community forest agreement" means a community forest agreement entered into

under

Part 3, Division 7.1, and includes a probationary community forest

agreement, long-term community forest agreement and community forest pilot

agreement;

"community forest agreement area" means the area of land subject to a

community forest agreement; .

Section 8 is repealed and the following substituted:

Allowable annual cut

(1) The chief forester must determine an allowable annual cut at least once every

5 years after the date of the last determination, for

(

a) the Crown land in each timber supply area, excluding tree farm licence

areas, community forest agreement areas and woodlot licence areas, and

(

b) each tree farm licence area.

(2) If the minister

(

a) makes an order under

section 7 (

b) respecting a timber supply area, or

(

b) amends or enters into a tree farm licence to accomplish a result set out under

section 39 (1) (

a) to (d),

the chief forester must make an allowable annual cut determination under

subsection (1) for the timber supply area or tree farm licence area

(

c) within 5 years after the order under paragraph (

a) or the amendment or

entering into under paragraph (b), and

(

d) after the determination under paragraph (c), at least once every 5 years after

the date of the last determination.

(3) If

(

a) the allowable annual cut for the tree farm licence area is reduced under

section 9 (3), and

(

b) the chief forester subsequently determines, under subsection (1) of this

section, the allowable annual cut for the tree farm licence area,

the chief forester must determine an allowable annual cut at least once every

5 years from the date the allowable annual cut under subsection (1) of this

section

is effective under

section 9 (6).

(4) If the allowable annual cut for the tree farm licence area is reduced under

section 9 (3), the chief forester is not required to make the determination under

subsection (1) of this

section at the times set out in subsection (1) or (2) (

c) or (d),

but must make that determination within one year after the chief forester

determines that the holder is in compliance with

section 9 (2).

(5) In determining an allowable annual cut under subsection (1) the chief forester

may specify portions of the allowable annual cut attributable to

(

a) different types of timber and terrain in different parts of Crown land within

a timber supply area or tree farm licence area,

(

b) different types of timber and terrain in different parts of private land within

a tree farm licence area, and

(

c) gains in timber production on Crown land that are attributable to silviculture

treatments funded by the government of British Columbia, the federal

government, or both.

(6) The regional manager or district manager must determine a volume of timber to

be harvested from each woodlot licence area during each year or other period of

the term of the woodlot licence, according to the licence.

(7) The regional manager or the regional manager's designate must determine a

volume of timber to be harvested from each community forest agreement area

during each year or other period, in accordance with

(

a) the community forest agreement, and

(

b) any directions of the chief forester.

(8) In determining an allowable annual cut under subsection (1) the chief forester,

despite anything to the contrary in an agreement listed in

section 12, must

consider

(

a) the rate of timber production that may be sustained on the area, taking into

account

(

i) the composition of the forest and its expected rate of growth on the

area,

(ii) the expected time that it will take the forest to become re-established

on the area following denudation,

(iii) silviculture treatments to be applied to the area,

(iv) the standard of timber utilization and the allowance for decay, waste

and breakage expected to be applied with respect to timber harvesting

on the area,

(

v) the constraints on the amount of timber produced from the area that

reasonably can be expected by use of the area for purposes other than

timber production, and

(vi) any other information that, in the chief forester's opinion, relates to

the capability of the area to produce timber,

(

b) the short and long term implications to British Columbia of alternative rates

of timber harvesting from the area,

(

c) the nature, production capabilities and timber requirements of established

and proposed timber processing facilities,

(

d) the economic and social objectives of the government, as expressed by the

minister, for the area, for the general region and for British Columbia, and

(

e) abnormal infestations in and devastations of, and major salvage programs

planned for, timber on the area.

Section 10 (1) is amended by adding ", community forest agreement area" after "not in a

tree farm licence area" .

Section 12 is amended by adding the following paragraph:

(e.1) community forest agreement, .

Part 3 is amended by adding the following Division:

Division 7.1 – Community Forest Agreements

Definitions and

interpretation

43.1 In this Division:

"botanical forest product" means a botanical forest product as defined in the Forest

Practices Code of British Columbia Act ;

"community forest pilot agreement" means a community forest pilot agreement

entered into under

section 43.5;

"long-term community forest agreement" means a long-term community forest

agreement entered into under

section 43.4;

"probationary community forest agreement" means a probationary community

forest agreement entered into under

section 43.2.

Applications

43.2

(1) On request or on the minister's own initiative the minister or a person authorized

by the minister, by advertising in the prescribed manner, may invite applications

for a probationary community forest agreement.

(2) In advertising under subsection (1) the minister or authorized person may

describe the area of Crown land that is proposed for the community forest

agreement.

(3) The regional manager or the regional manager's designate must not enter into a

community forest agreement unless it has been advertised under subsection

(1) and a public hearing has been held on the applications.

(4) An application for a community forest agreement must be made to the minister

or a person authorized by the minister and must

(

a) be in the form specified by the minister or by a person authorized by the

minister,

(

b) if an area of Crown land was not described in the advertising, describe the

area of Crown land proposed for inclusion in the community forest

agreement area,

(

c) if land, other than Crown land, is proposed for inclusion in the community

forest agreement area and the land is

(

i) in a reserve as defined in the Indian Act (Canada), or

(ii) other private land

include a description of that land,

(

d) include a business plan prepared in the manner, presented in the format and

meeting the specifications required by the minister or a person authorized

by the minister,

(

e) include, according to the specifications required by the minister or a person

authorized by the minister, a

summary of the submissions received in, and

the results of, the public review of the application, and

(

f) include other information, prepared in the manner, presented in the format

and meeting the specifications required by the minister or a person

authorized by the minister.

(5) A community forest agreement must be entered into only with

(

a) a band as defined in the Indian Act (Canada),

(

b) a municipality or regional district, or

(

c) any of the following if prescribed requirements are met:

(

i) a society incorporated under the Society Act ;

(ii) an association as defined in the Cooperative Association

Act ;

(iii) a corporation;

(iv) a partnership.

(6) After a date specified in the advertising, the minister or the person authorized by

the minister

(

a) may reject all of the applications, or

(

b) if all of the applications are not rejected, must

(

i) convene a public hearing in which any person may make submissions

respecting one or more of the applications, and

(ii) determine the procedures for the public hearing.

(7) After the public hearing, the minister or a person authorized by the minister must

evaluate each application, taking into account its potential for

(

a) providing long-term opportunities for achieving a range of community

objectives, including employment, forest related education and skills

training and other social, environmental and economic benefits,

(

b) balancing uses of forest resources,

(

c) meeting the objectives of government in respect of environmental

stewardship and the management of timber, water, fisheries, wildlife and

cultural heritage resources,

(

d) enhancing the use of and benefits derived from the community forest

agreement area,

(

e) encouraging co-operation among stakeholders,

(

f) providing social and economic benefits to British Columbia, and

(

g) other factors that the minister or person authorized by the minister specifies

in the advertising.

(8) After the evaluation under subsection (7), the minister or a person authorized by

the minister may

(

a) approve one or more applications,

(

b) agree with one or more applicants that the community forest agreement will

(

i) cover a portion of the land that was applied for, and

authorized by the minister considers necessary, or

(

c) reject any or all applications.

(9) The regional manager or the regional manager's designate must not enter into a

community forest agreement until a management plan is approved by the regional

manager or designate for the proposed community forest agreement area.

(10) Subject to subsections (5) and (9), the regional manager or the regional manager's

designate must enter into a probationary community forest agreement with every

band, municipality, regional district, society, association, corporation or

partnership whose application is approved under subsection (8).

Content of community forest agreement

43.3 A community forest agreement

(

a) must be for a term

(

i) of 5 years if it is a probationary community forest agreement, or

(ii) of not less than 25 years and not more than 99 years if it is a long-

term community forest agreement,

(

b) must describe a community forest agreement area, determined by the

minister or a person authorized by the minister, comprising Crown land and,

if the area so determined includes land that is

(

i) in a reserve as defined in the Indian Act (Canada), or

(ii) private land

also comprising that land,

(

c) subject to this Act and the agreement,

(

i) must give to its holder the exclusive right to harvest timber on the

Crown land referred to in paragraph (b), for the term of the

agreement, and

(ii) may give to its holder the right to harvest, manage and charge fees for

botanical forest products and other prescribed products,

(

d) must require its holder to pay to the government in addition to other

amounts payable under the agreement, this Act and the regulations,

stumpage under

Part 7 in respect of Crown timber,

(

e) must provide for cutting permits to be issued by the

district manager, or a forest officer authorized by the district manager, within

the limits provided in the community forest agreement and subject to this Act

and the Forest Practices Code of British Columbia Act , to authorize the

holder of the community forest agreement to harvest timber from specified areas

of land within the community forest agreement area,

(

f) must require its holder to

(

i) submit for the approval of the regional manager or the regional

manager's designate, at the times specified in the agreement, a

management plan that meets the requirements of the community

forest agreement, and

(ii) implement management plans approved by the regional manager or

the regional manager's designate,

(

g) must require its holder, in accordance with the community forest agreement,

(

i) carry out audits and make and submit reports concerning the holder's

performance under the agreement, and

(ii) make information available to the public and carry out consultation

activities with the public concerning matters relating to the

community forest agreement, and

regional manager's designate determines are consistent with any proposal

made in the application for the community forest agreement, this Act and

the regulations, the Forest Practices Code of British Columbia Act and the

regulations and standards under that Act.

Replacement of probationary and long-term community forest agreements

43.4

(1) The minister or a person authorized by the minister must assess a probationary

community forest agreement at the time and in the manner specified in the regulations.

(2) After the assessment, the minister or a person authorized by the minister may

(

a) grant one extension of the term of the probationary community forest

agreement for a period not exceeding 5 years,

(

b) offer the holder of the probationary community forest agreement a

replacement for the agreement in the form of a long-term community forest

agreement, or

(

c) refuse to offer to replace the probationary community forest agreement.

(3) If

(

a) the minister or person authorized by the minister does not grant an extension

of the term of, or offer to replace, a probationary community forest

agreement, or

(

b) an offer to replace the probationary community forest agreement is not

accepted

the probationary community forest agreement continues in force until its term

expires, after which it has no further effect.

(4) During the 6 month period following the ninth anniversary of a long-term

community forest agreement, the minister or a person authorized by the minister

must offer the holder a replacement long-term community forest agreement.

(5) A long-term community forest agreement offered under subsection (2) (

b) or (4)

must

(

a) be for a term of not less than 25 years and not more than 99 years,

commencing on

(

i) in the case of a long-term agreement offered under subsection (2) (b),

the expiry of the probationary community forest agreement, or

(ii) in the case of a long-term agreement offered under subsection (4), the

tenth anniversary of the existing long-term community forest

agreement,

(

b) describe as a community forest agreement area the area subject to the

existing community forest agreement and any change to the boundary or

area made by the minister or person authorized by the minister under

subsection (6), and

consistent with this Act and the regulations, the Forest Practices Code of

British Columbia Act and the regulations and standards under that Act.

(6) In accordance with the regulations and with the consent of the person to whom a

community forest agreement is offered under this section, the minister or a person

authorized by the minister, may change the boundary or area in the offered

agreement from the boundary or area of the probationary community forest

agreement or existing long term community forest agreement, as the case may be.

(7) Notice of an offer made under this

section to replace a community forest

agreement must be published in the prescribed manner.

(8) An offer made under this

section may be

(

a) amended, and

(

b) accepted by written notice to the minister or a person authorized by the

minister, not later than 3 months after the offer is served.

(9) If an offer made under this

section is accepted

(

a) an agreement in the form of a long-term community forest agreement

amendments, must be entered into by the regional manager or the regional

manager's designate and the holder of the probationary or long-term

community forest agreement, and

(

b) the probationary or long-term community forest agreement expires on the

commencement of the replacement agreement.

(10) A community forest agreement is not renewable.

Community forest pilot agreement

43.5

(1) The minister may

(

a) invite applications for a community forest pilot agreement, and

(

b) direct the regional manager or district manager to enter into a community

forest pilot agreement with one or more of the applicants for the pilot

agreement.

(2) Sections 43.2 and 43.3 (

a) do not apply to a community forest pilot agreement.

(3) The term of a community forest pilot agreement must not exceed 5 years.

(4) Section 43.4 applies to a community forest pilot agreement as if the pilot

agreement is a probationary community forest agreement.

(5) This section, except subsection (4), is repealed on January 1,

Section 45 (f) (iv), (

v) and (vii) is repealed and the following substituted:

(iv) it proposes management objectives, in accordance with the woodlot

licence, regarding

(

A) utilization of the timber resources in the woodlot licence area,

(

B) protection and conservation of the non-timber values and

resources in the woodlot licence area,

(

C) forest fire prevention and suppression,

(

D) forest health, including pest management,

(

E) silviculture, and

(

F) road construction, maintenance and deactivation,

(

v) it includes proposals, in accordance with the woodlot licence, for

meeting the proposed management objectives under

subparagraph (iv), including measures to be taken and specifications

to be followed by the holder of the woodlot licence,

(vii) it includes any other inventories and information regarding the development,

management and use of the woodlot licence area that the

district manager, in accordance with the woodlot licence, requires,

and .

7 The following

section is added:

Timber processing facility

46.1

(1) This

section applies despite

section 44 (6) (a).

(2) The district manager may enter into a woodlot licence with a person, corporation

or band that owns or leases, or controls a corporation that owns or leases, a timber

processing facility in British Columbia if the production capacity of the facility

is less than the prescribed production capacity and the person, corporation or

band

(

a) meets the prescribed requirements, and

(

b) complies with any conditions imposed by the district manager.

(3) The district manager may offer a replacement woodlot licence under

section 46

to a person, corporation or band that owns or leases, or controls a corporation that

owns or leases, a timber processing facility in British Columbia if the production

capacity of the facility is less than the prescribed production capacity and the

person, corporation or band

(

a) meets the prescribed requirements, and

(

b) complies with any conditions imposed by the district manager.

(4) On application in writing by the holder of a woodlot licence, the district manager

may permit the holder to own or lease, or control a corporation that owns or

leases, a timber processing facility in British Columbia if the production capacity

of the facility is less than the prescribed production capacity and the holder of the

licence

(

a) meets the prescribed requirements, and

(

b) complies with any conditions imposed by the district manager.

(5) If the district manager approves an application under subsection (4), the approval

takes effect when the district manager and the holder of the woodlot licence enter

into an agreement amending the woodlot licence in a manner that the district

manager considers to be consistent with

(

a) the holder of the woodlot licence owning or leasing, or controlling a

corporation that owns or leases, a timber processing facility in British

Columbia,

(

b) the prescribed requirements, and

(

c) any conditions imposed by the district manager.

(6) The Lieutenant Governor in Council may make regulations prescribing

(

a) criteria that the district manager must consider before

(

i) entering into a woodlot licence with a person who owns or leases, or

control a corporation that owns or leases, a timber processing facility

in British Columbia,

(ii) offering a replacement woodlot licence under

section 46 to a person,

corporation or band that owns or leases, or controls a corporation that

owns or leases, a timber processing facility in British Columbia, or

(iii) permitting the holder of a woodlot licence to own or lease, or control

a corporation that owns or leases, a timber processing facility in

British Columbia, and

(

b) the types of conditions the district manager may impose for the purposes of

this section.

Section 53 is amended

(

a) in subsection (1) by adding the following definition:

"undercut carry forward" means the volume of timber that a holder of an

agreement is granted approval to harvest in a calendar year as determined under

section 67 (4); ,

(

b) in subsection (1) by repealing the definition of "volume of timber harvested during

a calendar year" and substituting the following:

"volume of timber harvested during a calendar year" means, in relation to an

agreement, the total of the volumes listed in subsection (1.1) (

a) to (

e) minus the

undercut carry forward for that calendar year. , and

(

c) by adding the following subsection:

(1.1) The volumes listed for the purpose of the definition of "volume of timber

harvested during a calendar year" in subsection (1) are those of the following

volumes that are charged to the holder of the agreement in that calendar year in

statements issued on behalf of the government:

(

a) the volume of timber cut under the agreement and under road permits issued

under the agreement;

(

b) the volume of timber estimated to be wasted or damaged under cutting

permits and road permits issued under the agreement;

(

c) the volume of timber cut by the holder of the agreement anywhere in the

timber supply area or tree farm licence area, as the case may be, otherwise

than under and in compliance with this Act or an agreement entered into

under this Act;

(

d) the volume of timber credited in respect of the agreement by the regional

manager or the district manager;

(

e) the part of the volume of timber harvested under the agreement during the

immediately preceding 5 year cut control period in excess of the total of the

allowable annual cuts in effect under the agreement during that 5 year cut

control period, that is carried forward to that calendar year under

section 65 (5).

Section 56 (1) is amended by repealing paragraph (

a) and substituting the following:

(

a) in respect of a replaceable agreement that is

(

i) a forest licence, or

(ii) a timber sale licence that has an allowable annual cut of greater

than 10 000 m3

the allowable annual cut specified in the licence is reduced by 5%, and .

10 The following

section is added:

Disposition of allowable annual cut reduction

56.1

(1) In this section, a reference to "agreement" means an agreement that on or after

June 19, 1997 is subject to the minister's prior written consent under

section 54.

(2) If the allowable annual cut of an agreement is reduced under

section 56 (1), the

holder of the agreement may apply to have the allowable annual cut of the

agreement increased by the amount of the reduction by serving a written notice

on the minister requesting the increase and enclosing a job creation plan.

(3) The written notice and job creation plan must be served on the minister not later

than 3 months after the consent was given under

section 54 in respect of the

agreement.

(4) The minister may

(

a) approve the job creation plan,

(

b) with the consent of the holder of the agreement who submitted the plan,

approve an amended job creation plan, or

(

c) reject the job creation plan.

(5) The minister must increase the allowable annual cut of the agreement, effective

the date of the reduction under

section 56 (1) by an amount equal to the reduction

(

a) the minister approves the job creation plan under subsection (4) (

a) or (b),

and

(

b) the increase is consistent with the government's social and economic

objectives for the area affected by the agreement.

(6) The minister may reduce the allowable annual cut of an agreement that was

subject to an increase under subsection (5) by an amount not exceeding the

increase if the holder of the agreement is not complying with the job creation plan

approved under subsection (4).

(7) Despite subsection (3), if the allowable annual cut of an agreement was reduced

before June 10, 1998 and the holder of the agreement wishes to apply under

subsection (2) to have the allowable annual cut of the agreement increased, the

holder of the agreement is not required to serve the written notice and job creation

plan on the minister within 3 months after the consent being given under

section 54 for the agreement but must serve the written notice and job creation

plan on the minister by October 1, 1998.

(8) This subsection and subsection (7) are repealed on October 1, 1998.

Section 64 (1) is amended by adding "or community forest agreement" after "tree farm

licence" .

Section 67 (4) is repealed and the following substituted:

(4) Despite subsection (2), in prescribed circumstances, the minister or a person

authorized by the minister may grant approval to the holder of an agreement to

harvest, during the 5 year cut control period that immediately follows the 5 year

cut control period in which the deficiency occurs, and in the amount each year the

minister or person authorized by the minister determines, a volume of timber

equal to all or a portion of the deficiency referred to in subsection (2).

(5) An approval under subsection (4) may be conditional or unconditional.

Section 78 is amended

(

a) by adding the following subsection:

(0.1) In this section, "small business agreement" means

(

a) a timber sale licence, or

(

b) a forest licence

for which applications were restricted to persons registered in one or more

categories of small business forest enterprises. ,

(

b) in subsection (1) (a) (ii) and (

b) by striking out "timber sale licence" and substituting

"small business agreement" ,

(

c) in subsection (1) (

e) by adding "for a small business agreement" after "making an

application under

Part 3" ,

(

d) in subsection (1) (

f) and (

g) by striking out "timber sale licences" and substituting

"small business agreements" , and

(

e) by adding the following subsections:

(4) Despite subsection (1), and subject to the regulations under subsection (5), if any,

the regional manager or district manager must disqualify a person indefinitely or

for a specified period from being registered as a small business forest enterprise

if the person

(

a) is the successful applicant for a small business agreement and does not enter

into the agreement, or

(

b) is the holder of a small business agreement that has been cancelled because

the person did not comply with the agreement.

(5) For the purposes of subsection (4), the Lieutenant Governor in Council may make

regulations

(

a) specifying periods of disqualification that may differ for different circumstances

set out in the regulations, and

(

b) authorizing the regional manager or district manager to determine, on a case

by case basis, within prescribed limits and according to prescribed criteria,

the period of disqualification.

Section 111 is amended

(

a) in subsection (1) by adding ", community forest agreement" after "tree farm

licence" , and

(

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

(4) In prescribing the rates of annual rent, the Lieutenant Governor in Council may

classify agreements granting rights to harvest Crown timber and set different

rates for different

(

a) classes of agreements,

(

b) forms of agreements, or

(

c) community forest agreements which are identified by the number of a

particular agreement.

15 The following

section is added:

Annual rent for council

112.1

(1) If authorized by the regulations and in accordance with the regulations, the

Lieutenant Governor in Council, in prescribing the rate of annual rent for a

woodlot licence, under

section 111 (1), may allocate a portion of that rate to

represent money payable to the Woodlot Product Development Council by

producers, under the Farming and Fishing Industries Development Act, in

respect of a levy established by the council under that Act.

(2) The revenue from the portion of annual rent payable for woodlot licences that is

attributable to the allocated portion of the rate of annual rent under subsection (1)

(

a) must be paid out of the consolidated revenue fund to the Woodlot Product

Development Council, and

(

b) when so paid, is deemed to have been paid in satisfaction of the levy

referred to in subsection (1).

Section 151 is amended

(

a) by adding the following subsection:

(1.1) In making a regulation under this Act, the Lieutenant Governor in Council may

do one or more of the following:

(

a) delegate a matter to a person;

(

b) confer a discretion on a person;

(

c) make different regulations for different persons, places, things or transactions. ,

(

b) by repealing subsections (4) and (5), and

(

c) by adding the following subsection:

(6) The Lieutenant Governor in Council may make regulations respecting the

following:

(

a) the form and content of a job creation plan referred to in

section 56.1 (2);

(

b) the methods to be used to evaluate job creation proposals in the job creation

plan;

(

c) the requirement to make a job creation plan available for review and

comment before the minister considers the plan;

(

d) the making and submitting of reports concerning the job creation plan and

performance under the plan.

17 The following

section is added:

Community forest agreements – regulations

151.2

(1) The Lieutenant Governor in Council may make regulations considered necessary

or advisable for the purpose of more effectively bringing into operation the

provisions of this Act and the Forest Practices Code of British Columbia Act

related to community forest agreements, and to remedy any difficulties

encountered in doing so.

(2) A regulation made under subsection (1) may, for a period the Lieutenant

Governor specifies in the regulation, amend a provision of

(

a) this Act,

(

b) the Forest Practices Code of British Columbia Act ,

(

c) the regulations made under either Act, or

(

d) an enactment that amends this Act or the Forest

Practices Code of British Columbia Act .

(3) A regulation made under this

section may be made retroactive to a date not earlier

than August 31, 1998.

(4) This

section is repealed on August 31, 2001 and on its repeal any regulations

made under it are also repealed.

Forest Practices Code of British Columbia Act

Section 1 (1) of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159,

is amended

(

a) by repealing the definition of "designated employment and investment official"

and substituting the following:

"designated energy and mines official" means a person employed in the Ministry

of Energy and Mines who is designated by name or title to be a designated

energy and mines official by the minister of that ministry for the purpose of a

provision of this Act or the regulations that is set out in the designation; ,

(

b) in paragraph (

a) of the definition of "forest practice" by repealing subparagraph

(iii) and substituting the following:

(iii) private land that is subject to a tree farm licence, community forest

agreement or a woodlot licence, and ,

(

c) in the definition of "ministers" by striking out "Minister of Employment and Investment;"

and substituting "Minister of Energy and Mines;" ,

(

d) in paragraph (

c) of the definition of "official" by striking out "employment and

investment" and substituting "energy and mines" , and

(

e) in paragraph (

d) of the definition of "senior official" by striking out "Ministry of

Employment and Investment," and substituting "Ministry of Energy and Mines," .

Section 2 is amended by adding the following subsection:

(7) In

section 11.1 of the Mineral Tenure Act and

section 12.1 of the Coal Act,

"applicable higher level plan" means an objective for a resource management

zone that specifies that the objective applies to special use permits.

Section 19 is amended

(

a) in subsection (1) by adding ", community forest agreement" after "A holder of a major

licence" ,

(

b) in subsection (1.2) by adding ", community forest agreement" after "A forest development

plan prepared by the holder of a major licence" ,

(

c) in subsection (1.3) by adding "community forest agreement," before "woodlot licence

or pulpwood agreement" ,

(

d) in subsection (2) by adding ", community forest agreement" after "A forest development

plan for a major licence" , and

(

e) in subsection (4) by adding ", community forest agreement" after "holder of a major

licence" .

Section 21 (

a) as enacted by the Forests Statutes Amendment Act, 1997, is amended by

adding ", community forest agreement" after "holds a major licence, timber sale licence" .

Section 23 (2) is amended by adding ", community forest agreement" after "Before the

holder of a major licence" .

Section 24 is amended

(

a) in subsection (2) by adding ", community forest agreement" after "Before the holder

of a major licence" , and

(

b) in subsection (3) by adding "community forest agreement or a" after "Despite subsection

(2), the holder of a" .

Section 39 (1) is amended by adding ", community forest agreement" after "Subject to

sections 42 and 43, before a holder of a major licence" .

Section 50 (1) (

b) is amended by striking out "the conditions of a burning permit and the

regulations and standards." and substituting "this Act and the regulations."

Section 67 (1) (

c) is amended by adding ", community forest agreement" after "private land

that is subject to a tree farm licence" .

Section 68 (1.1) as enacted by the Forests Statutes Amendment Act, 1997, is amended by

adding "community forest agreement or" after "A holder of a" .

Section 72 is amended

(

a) in subsection (2) by adding ", community forest agreement" after "If the holder of a

major licence" , and

(

b) in subsection (3) (

a) by adding "or agreement" after "holder of the licence" .

Section 75 is amended by adding the following definition:

"local government" means the following:

(

a) the trustees of an improvement district;

(

b) the council of a municipality;

(

c) the board of a regional district;

(

d) the council of the City of Vancouver; .

Section 76 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) A person must not light, fuel or make use of an open fire in or within 1 km of a

forest, except in compliance with

(

a) this Act and the regulations, and

(

b) any notice or order published, broadcast or given under

section 78 (1).

(1.1) Subsection (1) applies despite any provision to the contrary in an operational

plan. ,

(

b) by repealing subsection (2), and

(

c) in subsection (3) by striking out "does not require a burning permit to" and

substituting "may" .

Section 77 is repealed.

Section 78 is repealed and the following substituted:

Notice or order respecting restriction, prohibition or extinguishment of an open fire

(1) A designated forest official, if he or she considers it necessary to limit the risk of

a forest fire starting or to address a public health or safety concern,

(

a) in a notice published or broadcast, or both, in or near an area, including an

area exempted under

section 76 (4), may

(

i) restrict, with or without conditions, or prohibit the lighting, fueling or

use of an open fire in an area, or

(ii) order that a person who is lighting, fueling or making use of an open

fire in an area to extinguish the fire, and

(

b) in a notice given to a person who is lighting, fueling or making use of an

open fire in an area, may

(

i) restrict, with or without conditions, or prohibit the person from

lighting, fueling or making use of the fire, or

(ii) order the person to extinguish the fire.

(2) An order made under this

section may be different for different categories of open

fires set out in the regulations.

Section 81 is repealed.

Section 89 (1) is repealed and the following substituted:

(1) The government may carry out a fire control and suppression operation

(

a) on any land, wherever located, if a designated forest official determines that

(

i) the operation is necessary to control or extinguish a fire, and

(ii) forest resources on Crown land or private land are threatened by the

fire, or

(

b) on land within a local government's jurisdiction if the local government or

a person authorized by the local government requests that the operation be

carried out.

Section 124 is repealed.

Section 162 is amended

(

a) in subsection (1) by adding ", or" at the end of paragraph (d),

(

b) by repealing subsection (1) (e), and

(

c) in subsection (2) by striking out ", permit" .

Section 211 is repealed and the following substituted:

Timber harvesting practices and methods

211 The Lieutenant Governor in Council may make regulations respecting timber

harvesting practices and methods, including limiting or prohibiting a timber

harvesting practice or method.

38 The following

section is added

Forest resources

211.1 The Lieutenant Governor in Council may make regulations respecting the protection

of forest resources.

Section 215 (1) is amended by striking out "and" at the end of paragraph (

a) and by

adding the following:

(a.1) regulating or prohibiting burning, and .

Section 217.1 as enacted by the Forests Statutes Amendment Act, 1997, is repealed and

the following substituted:

Forest practices and planning applicable to community

forest agreements and woodlot licences

217.1

(1) The Lieutenant Governor in Council may make regulations respecting

(

a) woodlot licences, woodlot licence areas and holders of woodlot licences,

and

(

b) community forest agreements, community forest agreement areas and

holders of community forest agreements.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make

regulations respecting the following:

(

a) establishing requirements and restrictions regarding the results that must be

achieved through the carrying out of planning and forest practices,

including the establishment of a free growing stand on a community forest

agreement area or woodlot licence area;

(

b) establishing conditions that must be complied with by the holder of a

community forest agreement or woodlot licence before, during and after

forest practices;

(

c) requiring site plans to be prepared by the holder of a community forest

agreement or woodlot licence and approved by the district manager before

forest practices are carried out on the community forest agreement area or

woodlot licence area;

(

d) requiring that authority to carry out a forest practice on a community forest

agreement area or woodlot licence area be obtained before the forest

practice begins.

Section 240 is repealed and the following substituted:

Special use permits

(1) Every special use permit issued under the Forest Act and regulations that is in

effect on June 15, 1995 is deemed to be a special use permit under this Act and

the regulations.

(2) A permit referred to in subsection (1) does not have to comply with the content

requirements of this Act, the regulations or the standards.

(3) Subject to subsection (2), a holder of a permit referred to in subsection (1) must

comply with this Act, the regulations and the standards.

(4) Despite subsection (2), if the district manager determines that a permit referred

to in subsection (1) does not conform with the requirements of the regulations and

the standards, the district manager may

(

a) amend the permit to the extent necessary to comply with the requirements

of the regulations or standards, or

(

b) cancel the permit.

Consequential Amendments

Forests Statutes Amendment Act, 1997

Section 136 of the Forests Statutes Amendment Act, 1997, S.B.C. 1997, c. 48, is amended

(

a) in the part enacting

section 246 (1) and (2) of the Forest Practices Code of British

Columbia Act by striking out "the date this

section comes into force" and substituting

"June 15, 1998" ,

(

b) in the part enacting

section 246 of the Forest Practices Code of British Columbia Act

by repealing subsection (3) and substituting the following:

(3) A logging plan continues to be a requirement for an area if

(

a) before June 15, 1998

(

i) a silviculture prescription for the area is submitted for the approval of

the district manager or given effect by the district manager, or

(ii) the district manager exempts a person from the requirement for a

silviculture prescription for the area, and

(

b) the law in effect immediately before June 15, 1998 requires a logging plan.

(4) The law as it was immediately before June 15, 1998 with respect to logging plans,

including, without limitation, the law respecting offences and administrative

remedies related to logging plans, continues to apply to an area referred to in

subsection (3) and to any logging plan approved or put into effect for the area,

unless an enactment specifically provides otherwise. , and

(

c) in the part enacting

section 247 of the Forest Practices Code of British Columbia Act

by repealing

section 247 and substituting the following:

Silviculture prescriptions continued

(1) Subject to subsection (2), if a silviculture prescription is submitted for the

approval of or put into effect by the district manager before June 15, 1998, the

silviculture prescription remains in effect until a free growing stand is produced

on the area under silviculture prescription or the silviculture prescription is

replaced under this Act or the regulations.

(2) The law respecting the content of silviculture prescriptions, as it was immediately

before June 15, 1998, continues to apply to a silviculture prescription submitted

or given effect by the district manager before June 15, 1998 and to an amendment

to that silviculture prescription.

Special Accounts Appropriation and Control Act

Section 5 of the Special Accounts Appropriation and Control Act, R.S.B.C. 1996, c. 436,

is amended

(

a) in subsection (2) by repealing paragraph (

b) and substituting the following:

(

b) the Environmental Remediation Sub-account for a purpose related to the

following:

(

i) to carry out work under

section 118 (3 (

b) of the

Forest Practices Code of British Columbia Act ;

(ii) to remedy environmental damage to Crown forest land or Crown

range land;

(iii) for expenses directly or indirectly related to the purposes in subparagraph

(

i) or (ii);

(iv) to defray the costs of investigating contraventions of the Forest

Practices Code of British Columbia Act or the regulations and

standards made under that Act;

(

v) to defray fire suppression costs relating to contraventions of the

Forest Practices Code of British Columbia Act or the regulations or

standards made under that Act if a penalty has been levied under that

Act in respect of the contravention. , and

(

b) by adding the following subsection:

(2.1) The amount expended under subsection (2) (b) (

v) must not exceed the amount

in the Environmental Remediation Sub-account that is attributable to penalties

levied under the Forest Practices Code of British Columbia Act and earnings

calculated and attributable to those penalties, in respect of the contraventions

referred to in subsection (2) (b) (v).

Waste Management Act

Section 3 (5) of the Waste Management Act, R.S.B.C. 1996, c. 482, is amended by

repealing paragraph (

h) and substituting the following:

(

h) fires set or controlled by a person

(

i) acting under an order of a local assistant, as defined

in the Fire Services Act , if the local assistant orders the fire

for training purposes, or

(ii) carrying out

(

A) fire control and suppression operations under

section

89 of the Forest Practices Code of British Columbia Act , or

(

B) a resource management open fire, as that term is defined in the

Forest Fire Prevention and Suppression Regulation,

B.C. Reg. 169/95, if the person carries out the fire in

accordance with the Forest Practices Code of British Columbia

Act and the regulations made under that Act; .

Transition for annual rents paid in 1998

45 A person who is required to pay annual rent for a woodlot licence in 1998, calculated

in accordance with the law in force immediately before the coming into force of

section 15 of this Act, must also pay the portion of annual rent that under

section 112.1 (1) of the Forest Act is allocated to represent money payable to the

Woodlot Product Development Council as set out in

section 112.1 (1) of the Forest

Act .

Burning permit transition

(1) Every burning permit issued under the Forest Practices Code of British Columbia

Act and the regulations made under that Act that is in effect when

section 30 of

this Act comes into force remains in effect until it expires in accordance with its

terms or is cancelled.

(2) The law respecting burning permits, as it was immediately before

section 30 of

this Act came into force, continues to apply to a burning permit referred to in

subsection (1).

Commencement

(1) The following come into force by regulation of the Lieutenant Governor in

Council:

(

a) that part of

section 5 that enacts

section 43.2 of the Forest Act ;

(

b) sections 6 to 8, 12, 13 (e), 15, 19, 25, 30 to 33, 35, 36, 41 and 44 to 46.

(2) Sections 37, 38 and 42 are deemed to have come into force on March 31, 1998

and are retroactive to the extent necessary to give them effect on and after that

date.

Explanatory Notes

Forest Act

SECTION 1: [Forest Act, amends

section 1 (1)] adds

definitions for the purposes of the

community forest agreement provisions of this Bill.

SECTION 2: [Forest Act, re-enacts

section 8] adds references to community forest agreements,

establishes the means to determine the harvest level for the agreements

and removes spent references to specific dates.

SECTION 3: [Forest Act, amends

section 10 (1)] adds a reference to community forest

agreement area in the provision that allows the minister to specify allowable

annual cut available to volume based agreements.

SECTION 4: [Forest Act, adds

section 12 (e.1)] adds a reference to community forest

agreement in the provision that authorizes officials to enter into agreements

granting rights to harvest Crown timber.

SECTION 5: [Forest Act, amends

Part 3] establishes a new form of agreement named a

community forest agreement by adding Division 7.1 containing sections 43.1

to 43.5 which

provide

definitions for the purposes of Division 7.1,

set out how an application for a community forest agreement is made and

evaluated, and the process for awarding a community forest agreement to

the successful applicant,

specify the content of a community forest agreement,

set out how probationary and long-term community forest agreements are

replaced, and

provide for community forest pilot agreements.

SECTION 6: [Forest Act, repeals and replaces

section 45 (f) (iv), (

v) and (vii)] requires that

the provisions of a woodlot licence management plan identified in

section 45 (f) (iv), (

v) and (vii) conform to the requirements of the woodlot

licence.

SECTION 7: [Forest Act, enacts

section 46.1] sets out the conditions under which the

government may enter into, offer a replacement agreement for, or amend a

woodlot licence to allow its holder to own or lease a timber processing facility.

SECTION 8: [Forest Act, amends

section 53]

adds a definition of "undercut carry forward" consequential to the amendments

section 67 of the Act made by this Bill;

replaces the definition of "volume of timber harvested during a calendar

year" so that in determining the volume of timber harvested in a calendar

year the "undercut carry forward" volume of timber is subtracted from the

other volumes of timber harvested in that year.

SECTION 9: [Forest Act, repeals and replaces

section 56 (1) (a)] provides that only timber

sale licences with an allowable annual cut of greater than 10 000 m³ are subject

to the 5% allowable annual cut reduction under this section.

SECTION 10: [Forest Act, enacts

section 56.1]

in respect of licences whose allowable annual cut was reduced by 5% under

section 56, enables the minister to increase the allowable annual cut of the

licence by 5% if the holder of the licence requests the increase and submits

a satisfactory job creation plan to the minister, and

enables the minister to take back all or part of the increase if the holder of

the licence is not complying with the job creation plan.

SECTION 11: [Forest Act, amends

section 64 (1)] adds a reference to community forest

agreements to ensure that the cut control provisions of the Act do not apply to

these agreements.

SECTION 12: [Forest Act, amends

section 67] replaces subsection (4) and adds

subsection (5) to

allow volumes of timber that were not harvested in a 5 year cut control

period to be harvested in the cut control period that immediately follows the

one in which the deficiency took place,

enable the minister or a person authorized by the minister to determine how

much of the deficiency is to be harvested in each year of the subsequent cut

control period, and

allow conditions to be placed on the approval.

SECTION 13: [Forest Act, amends

section 78 (1) and adds

section 78 (0.1), (4) and (5)]

adds a definition of "small business agreement" to facilitate the application

of the

section to all forms of small business agreements;

replaces the references to timber sale licences with a references to small

business agreements;

clarifies that subsection (1) (e), which prohibits a person who contravenes

the

section from applying for a Forest Act agreement, only applies to applications

for small business agreements;

requires the regional manager or district manager to disqualify a person

from being registered as a small business enterprise if the person meets the

conditions set out in subsection (4);

enables regulations to be made that specify the period of disqualification or

the criteria the regional manager or district manager must consider when

determining the disqualification period.

SECTION 14: [Forest Act, amends

section 111]

adds a reference to a community forest agreement in the provision which

requires annual rent to be paid to the government,

makes housekeeping changes, and

allows the rate of the annual rent to be different for different community

forest agreements.

SECTION 15: [Forest Act, enacts

section 112.1] adds a new

section which enables a portion

of the annual rent collected for woodlot licences to be remitted to a council

under the Farming and Fishing Industries Development Act and deems that

rent to be a levy under that Act.

SECTION 16: [Forest Act, amends

section 151]

repeals 2 subsections made unnecessary by the

section 151 (1.1), added by

this Bill,

adds a subsection (1.1) expanding the regulation making powers under the

Act to assist with amendments in this Bill, and

establishes a regulation making power consequential to the

section 56.1,

added by this Bill.

SECTION 17: [Forest Act, enacts

section 151.2] provides a regulation making power to

amend specified Acts and regulations, if necessary to more effectively bring

into operation the provisions of the Forest Act and the Forest Practices Code

of British Columbia Act that relate to community forest agreements.

Forest Practices Code of British Columbia Act

SECTION 18: [Forest Practices Code of British Columbia Act, amends

section 1 (1)]

makes housekeeping changes to several

definitions arising out of a reorganization

of government;

amends the definition of "forest practice" to include a reference to a

community forest agreement consequential to the provision for such agreements

in the new Division 7.1 of the Forest Act, added by this Bill.

SECTION 19: [Forest Practices Code of British Columbia Act, adds

section 2 (7)] defines

which higher level plans under the Forest Practices Code of British Columbia

Act must be followed in relation to the issuance of special use permits under

that Act for the purposes of

section 11.1 of the Mineral Tenure Act and

section

12.1 of the Coal Act .

SECTION 20: [Forest Practices Code of British Columbia Act, amends

section 19] adds

references to a community forest agreement consequential to the provision for

such agreements in the new Division 7.1 of the Forest Act, added by this Bill.

SECTION 21: [Forest Practices Code of British Columbia Act, amends

section 21 (a)] adds

a reference to a community forest agreement consequential to the provision for

such agreements in the new Division 7.1 of the Forest Act, added by this Bill.

SECTION 22: [Forest Practices Code of British Columbia Act, amends

section 23 (2)] adds

a reference to a community forest agreement consequential to the provision for

such agreements in the new Division 7.1 of the Forest Act, added by this Bill.

SECTION 23: [Forest Practices Code of British Columbia Act, amends

section 24] adds

references to a community forest agreement consequential to the provision for

such agreements in the new Division 7.1 of the Forest Act, added by this Bill.

SECTION 24: [Forest Practices Code of British Columbia Act, amends

section 39 (1)] adds

a reference to a community forest agreement consequential to the provision for

such agreements in the new Division 7.1 of the Forest Act, added by this Bill.

SECTION 25: [Forest Practices Code of British Columbia Act, amends

section 50 (1) (b)] strikes out a reference to a burning permit and adds a reference to the Act

consequential to the provisions of this Bill which provide for the regulation of

fires without a burning permit.

SECTION 26: [Forest Practices Code of British Columbia Act, amends

section 67 (1) (c)] adds a reference to a community forest agreement consequential to the

provision for such agreements in the new Division 7.1 of the Forest Act, added

by this Bill.

SECTION 27: [Forest Practices Code of British Columbia Act, amends

section 68 (1.1)] adds a reference to a community forest agreement consequential to the

provision for such agreements in the new Division 7.1 of the Forest Act, added

by this Bill.

SECTION 28: [Forest Practices Code of British Columbia Act, amends

section 72] adds

references to a community forest agreement consequential to the provision for

such agreements in the new Division 7.1 of the Forest Act, added by this Bill.

SECTION 29: [Forest Practices Code of British Columbia Act, amends

section 75] defines

"local government" for the purposes of the amendments to

section 89 of the

Forest Practices Code of British Columbia Act, made by this Bill.

SECTION 30: [Forest Practices Code of British Columbia Act, amends

section 76] makes

changes consequential to the provisions of this Bill which provide for the regulation

of fires without a burning permit

replaces the requirement to use fire in accordance with a burning permit and

the regulations with a requirement to use fire in accordance with the Act,

regulations and a notice under the re-enacted

section 78 of the Act, and

clarifies that the requirements of subsection (1) apply despite any operational

plan.

SECTION 31: [Forest Practices Code of British Columbia Act, repeals

section 77] repeals a

section that deals with the issuance of a burning permit consequential to the

provisions of this Bill which provide for the regulation of fires without a

burning permit.

SECTION 32: [Forest Practices Code of British Columbia Act, re-enacts

section 78]

adds the need to address a public health or safety concern as a criteria to act

under the section;

eliminates references to burning permits, and makes changes consequential

to the orders in this

section now applying to burning that is authorized under

the regulations, rather than by a burning permit;

clarifies that designated officials can order a person to extinguish a fire;

ensures orders under the

section can be different for different types of fires.

SECTION 33: [Forest Practices Code of British Columbia Act, repeals

section 81] repeals a

section that deals with burning permits consequential to the provisions of this

Bill which provide for the regulation of fires without a burning permit.

SECTION 34: [Forest Practices Code of British Columbia Act, repeals and replaces

section 89 (1)] eliminates a redundant criteria in subsection (1) and authorizes

the government of the Province to fight fires within a local government's jurisdiction

if requested by the local government.

SECTION 35: [Forest Practices Code of British Columbia Act, repeals

section 124] repeals

a provision that deals with the suspension or cancellation of burning permits

consequential to the provisions of this Bill which provide for the regulation of

fires without a burning permit.

SECTION 36: [Forest Practices Code of British Columbia Act, amends

section 162] repeals

a reference to a burning permit consequential to the provisions of this Bill

which provide for the regulation of fires without a burning permit.

SECTION 37: [Forest Practices Code of British Columbia Act, re-enacts

section 211] provides a regulation making power for timber harvesting practices as well as

methods.

SECTION 38: [Forest Practices Code of British Columbia Act, enacts

section 211.1]

provides a regulation making power to protect forest resources.

SECTION 39: [Forest Practices Code of British Columbia Act, adds

section 215 (1) (a.1)] adds a regulation making power with respect to burning consequential to the

provisions of this Bill which provide for the regulation of fires without a

burning permit.

SECTION 40: [Forest Practices Code of British Columbia Act, re-enacts

section 217.1] adds

references to community forest agreements, holders of community forest

agreements and community forest agreement areas consequential to the

provision for such agreements in the new Division 7.1 of the Forest Act, added

by this Bill.

SECTION 41: [Forest Practices Code of British Columbia Act, re-enacts

section 240] removes references to burning permits consequential to the provisions of this

Bill which provide for the regulation of fires without a burning permit.

Forests Statutes Amendment Act, 1997

SECTION 42: [Forests Statutes Amendment Act, 1997, amends

section 136]

adds a reference to the date that

section 246 of the Forest Practices Code of

British Columbia Act comes into force;

provides that a logging plan may be required for an area if a silviculture

prescription is submitted for approval before June 15, 1998, rather than if

the silviculture prescription is approved before that date;

clarifies that, unless an enactment specifically provides otherwise, the law

with respect to logging plans continues to apply to logging plans required

under

section 246 (3) of the Forest Practices Code of British Columbia Act ;

repeals and replaces

section 247 of the Forest Practices Code of British

Columbia Act to refer to the date the

section comes into force and to make

the

section applicable to silviculture prescriptions submitted for approval

before June 15, 1998, rather than to silviculture prescriptions approved

before that date.

Special Accounts Appropriation and Control Act

SECTION 43: [Special Accounts Appropriation and Control Act, amends

section 5]

adds subparagraphs (iv) and (v), authorizing payment out of the Environmental

Remediation Sub-account to compensate the government for

enforcement costs and fire suppression costs, and makes housekeeping

changes consequential to the new subparagraphs, and

adds subsection (2.1) to cap the amount that can be paid out of the fund in

relation to fire suppression costs.

Waste Management Act

SECTION 44: [Waste Management Act, repeals and replaces

section 3 (5) (h)] makes

changes consequential to the provisions of this Bill which provide for the regulation

of fires without a burning permit, and makes housekeeping changes.

SECTION 45: [Transitional – woodlot licence annual rent] requires all woodlot licence

holders, regardless of the date they pay annual rent, to pay the portion of annual

rent for 1998 that is allocated to a council under the Farming and Fishing

Industries Development Act .

SECTION 46: [Transitional – burning permits] provides a transition respecting existing

burning permits consequential to the provisions of this Bill which provide for

the regulation of fires without a burning permit.

Copyright © 1999: Queen's Printer, Victoria, British Columbia, Canada