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1997 Legislative Session: 2nd Session, 36th Parliament

THIRD READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 29th day of July, 1997

Ian D. Izard, Law Clerk

HONOURABLE DAVID ZIRNHELT

MINISTER OF FORESTS

BILL 47 – 1997

FORESTS STATUTES AMENDMENT ACT, 1997

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

(

a) in the definition of "small business forest enterprise revenue" by repealing paragraphs (

b) and (

c) and substituting the following:

(

b) timber sale licences granted under

section 21,

(

c) timber sale licences granted under

(i) sections 23 (1) (c), (d), (

e) and (f), (2), (3) and 24 (7), and

(ii)

section 24 (2) that have an allowable annual cut of 10 000 m3 or less,

and

(

d) forest licences granted under

section 13 to small business forest enterprises

within any of the categories referred to in

section 13 (1.1), , and

(

b) by adding the following

definitions:

"Forest Appeals Commission or commission" means the Forest Appeals

Commission continued under the Forest Practices Code of British Columbia Act ;

"higher level plan" means a higher level plan under the Forest Practices Code of

British Columbia Act ;

"operational plan" means an operational plan under the Forest Practices Code of

British Columbia Act ;

"range use plan" means a range use plan under the

Forest Practices Code of British Columbia Act ; .

Section 13 is amended by adding the following subsection:

(1.1) The minister or a person authorized by the minister may specify that applications

for forest licences are to be accepted only from one or more categories of small

business forest enterprises as established by regulation.

3 Sections 14 (e), 22 (d), 30 (e), 35 (1) (

f) and 45 (

e) are amended by adding ", or a forest

officer authorized by the district manager" after "by the district manager" .

Section 23 is amended

(

a) by repeal ing subsection (1) (

c) and substituting the following:

(

c) timber, in the opinion of the regional manager or district manager,

(

i) is in danger, as a result of an insect infestation, fire, disease or

windthrow, of being significantly reduced in value, lost or destroyed,

and

(ii) must be removed to prevent the reduction in value, loss or

destruction, ,

(

b) in subsection (1) by striking out "or" at the end of paragraph (

d) and by adding the

following paragraphs:

(

f) the timber sale licence is with a person that, in conjunction with the small

business forest enterprise program, is contracted by the government to

construct major works, for example, a forest access road, and in the opinion

of the regional manager or district manager, it is desirable to remove timber

from the contract area in coordination with the works contract, or

(

g) the timber sale licence is with a person carrying

out activities under a range use plan or under a consent under

section 101 or

102 of the Forest Practices Code of British Columbia Act . , and

(

c) by repealing subsection (3) and substituting the following:

(3) Despite this Division, the regional manager, a district manager or a forest officer

authorized by either of them, without advertising or accepting applications from

other persons, may enter into an agreement in the form of a timber sale licence,

if the estimate of the volume of timber to be harvested under the licence is not

greater than 500 m3.

5 The following

section is added:

Inventories

35.1

(1) In this section, "forest resources" and "recreation resources" have the same

meaning as in the Forest Practices Code of British Columbia Act .

(2) If, having regard to the factors listed in subsection (5), the chief forester

determines that a management plan for a tree farm licence does not satisfactorily

provide for an inventory of the forest, recreation and cultural heritage resources

of the tree farm licence area, the chief forester may give a notice to the holder of

the licence requiring the holder of the licence to compile and submit the

inventories set out in the notice.

(3) The notice given under subsection (2) may specify the following requirements:

(

a) the manner in which the inventories are prepared;

(

b) the format in which the inventories are presented;

(

c) the specifications the inventories must meet;

(

d) the date the inventories must be submitted to the chief forester.

(4) In addition to compiling any inventories required under the management plan, the

holder of the tree farm licence must compile and submit the inventories required

in the notice given under subsection (2) and comply with any requirements

referred to in subsection (3) that are set out in the notice.

(5) The chief forester may determine that a management plan for a tree farm licence

does not satisfactorily provide for an inventory of the forest, recreation and

cultural heritage resources of the tree farm licence area if, in the opinion of the

chief forester, inventories prepared in accordance with the management plan

would not provide sufficient information to adequately

(

a) establish and carry out higher level plans,

(

b) prepare and carry out operational plans,

(

c) manage and conserve the forest, recreation and cultural heritage resources

of the tree farm licence area, and

(

d) assess the impact that managing the resources referred to in paragraph (

c) would have on the timber supply for the tree farm licence area.

Section 44 is amended

(

a) in subsection (4) (

a) by striking out "or leased" , and

(

b) in subsection (7) (

b) by striking out "or held under lease" .

Section 49 is amended

(

a) in subsection (3) by striking out "appeal the decision to the regional manager" and

substituting "require a review of the decision by the regional manager" , and

(

b) by repealing subsection (4) and substituting the fo llowing:

(4) Only sections 143 (3) and (4), 144 and 145 apply to a review under

subsection (3).

Section 51 is amended

(

a) by repealing subsection (2) and substituting the following:

(2) A licence to cut entered into under this Act

(

a) if it is a licence to cut in the form of a master agreement must

(

i) be for a term not exceeding 3 years, and

(ii) provide that the district manager, or a forest officer

authorized by the district manager, is to issue, subject to the licence, this

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

permits that authorize the licence holder to harvest Crown timber from specified

areas of land within the area or areas of land specified in the licence,

(

b) subject to

section 104, must require payment of stumpage, and

with this Act and the regulations and the Forest Practices Code of British

Columbia Act , and the regulations and standards made under that Act, determined

by the regional manager or district manager or by a forest officer authorized

by either of them. , and

(

b) by adding the following subsections:

(3) A licence to cut may be, but is not required to be, in the form of a master

agreement that applies to all timber harvested for one or more of the following

purposes by the holder of the agreement in all or part of a forest district, whether

or not the holder has the right to occupy the area to which the master agreement

applies:

(

a) geophysical exploration, under the Petroleum and

Natural Gas Act ;

(

b) development activities associated with well sites or pipelines under the

Pipeline Act or the Petroleum and Natural Gas Act ;

(

c) roads associated with activities referred to in paragraph (

a) or (b).

(4) The district manager or the forest officer authorized by the district manager must

not issue a cutting permit to the holder of a licence to cut in the form of a master

agreement described in subsection (3) unless the holder has written authority

from the government to occupy the Crown land covered by the cutting permit.

Section 56 (11) is amended by striking out "subsection (1)" and substituting

"subsections (1) and (5)" .

Section 67 (3) is amended by striking out "or" at the end of paragraph (a), by adding ", or"

at the end of paragraph (

b) and by adding the following paragraph:

(

c) the minister or a person authorized by the minister under

section 13, by way

of a forest licence referred to in

section 13 (1.1) .

Section 78 is amended

(

a) by renumbering the

section as

section 78 (1),

(

b) by repealing subsection (1) (

d) and substituting the following:

(

d) disqualify that person, indefinitely or for a specified period, from being

registered as a small business forest enterprise, , and

(

c) by adding the following subsections:

(2) The regional manager or the district manager may impose conditions that a

person referred to in subsection (1) (

d) must comply with before a disqualification under that

section is lifted.

(3) Sections 76 and 77 do not apply to a cancellation or suspension under subsection

(1) (

f) or (g).

Section 81 is amended

(

a) by repealing subsections (1) (b) (

i) and (2) (c) (i), and

(

b) by repealing subsection (3) and substituting the following:

(3) To the extent provided in the regulations, the minister, regional manager or

district manager, as the case may be, may reject an application for any of the

following on either of the grounds set out in subsection (4):

(

a) an agreement listed in

section 12;

(

b) a permit not listed in

section 12 that is issued under this Act or under an

agreement;

(

c) a permit under the Forest Practices Code of British Columbia Act .

(4) The grounds for rejection referred to in subsection (3) are that the applicant is the

holder of an agreement or permit listed in that subsection and

(

a) rights under the agreement or permit so held are under suspension, or

(

b) the applicant, in respect of the agreement or permit so held has failed to

provide, perform or comply as referred to in subsection (1) (b) (ii), (iii) or

(iv).

(5) An application for any of the following may be refused on either of the grounds

set out in subsection (6):

(

a) an agreement listed in

section 12;

(

b) a permit not listed in

section 12 that is issued under this Act or under an

agreement;

(

c) a scale site authorization under

section 95 of this Act;

(

d) a permit under the Forest Practices Code of British Columbia Act .

(6) The grounds for refusal referred to in subsection (5) are that the applicant, or a

person not at "arm's length", as defined in the Income Tax Act (Canada), from the

applicant

(

a) has not paid stumpage or other money payable to the government by the due

date under

section 130, or

(

b) has not made arrangements satisfactory to the regional manager or district

manager to pay the stumpage or other money.

Section 84 is amended

(

a) in subsection (1) by adding "or transported" after "removed" ,

(

b) by repealing subsection (3) and substituting the following:

(3) A person must not remove or transport timber from Crown land or from private

land unless the timber has been conspicuously marked in the prescribed manner

with a timber mark. , and

(

c) by adding the following subsection:

(6) Each of the following must ensure compliance with the conditions attached to an

exemption under subsection (5):

(

a) the holder of a timber mark;

(

b) a person acting with the consent of the holder of a timber mark;

(

c) a person removing or transporting timber from Crown land or from private

land.

Section 86 is amended

(

a) in subsection (1) by adding "or transported" after "removed" ,

(

b) by repealing subsection (2) and substituting the following:

(2) A person must not

(

a) remove or transport scaled timber from a scale site unless the timber has

been conspicuously marked in the prescribed manner with a scaled timber

brand, or

(

b) apply a scaled timber brand to timber except at

(

i) the scale site to which the scaled timber brand applies, or

(ii) another location approved by the district manager. , and

(

c) by adding the following subsection:

(3.1) Each of the following must ensure compliance with the conditions attached to an

exemption under subsection (3):

(

a) the holder of a scaled timber brand;

(

b) a person acting with the consent of the holder of a scaled timber brand;

(

c) a person removing or transporting scaled timber from a scale site.

Section 87 is amended

(

a) in subsection (2) by striking out "regional manager may cancel" and substituting

"regional manager or district manager may suspend" , and

(

b) by adding the following subsections:

(3) On application of the holder of the scaled timber brand, the person who

suspended the certificate and the scaled timber brand described in it must give the

holder an opportunity to be heard and must rescind the suspension if

(

a) the holder is no longer in contravention of the provision that gave rise to the

suspension, or

(

b) the suspension was for sufficient cause under subsection (2) (b), and the

holder has remedied the circumstances that gave rise to the suspension.

(4) If a certificate and the scaled timber brand described in it are under suspension,

the person who suspended them may cancel them.

Section 95 is amended

(

a) by repealing subsection (3) (b) (

i) and (ii) and substituting the following:

(

i) Part 5, 6, 7, 9, 10 or 11,

(ii) a regulation made under

section 151 (2) (c), (d), (h), (

i) or (n), or , and

(

b) by repealing subsection (6) (

a) and (

b) and substituting the following:

(

a) Part 5, 6, 7, 9, 10 or 11,

(

b) a regulation made under

section 151 (2) (c), (d), (h), (

i) or (n), or .

Section 96 is amended by adding the following subsection:

(3) A person whose timber is scaled under this Part must ensure that a complete and

accurate scale of the timber is performed.

Section 97 (4) is amended by striking out "If," and substituting "Subject to

section 99 (5),

if," .

Section 98 is repealed and the following substituted:

Scaling charges, costs and expenses

(1) A person whose timber is scaled by an employee of the government must pay to

the government the charges, costs and expenses incurred by the government in

respect of

(

a) making and recording the scale measurements,

(

b) preparing and submitting the scale return, and

(

c) the scale computation, summarization and billing.

(2) A person whose timber is scaled by a person who is not an employee of the

government must pay to the government the charges, costs and expenses incurred

by the government in respect of preparing, compiling and submitting the scale

return.

(3) A person is not required to pay charges, costs and expenses under subsection

(2) that total less than a prescribed amount.

Section 99 is amended

(

a) in subsection (2) by striking out everything before paragraph (a) (ii) and substituting

the following:

(2) If the volume or value of the timber computed from the second scale return

(

a) varies by more than a prescribed percentage from the volume or value

computed from the original scale return,

(

i) the second scale return governs for all purposes of this Act and the

regulations, ,

(

b) in subsection (2) (

b) by striking out everything before subparagraph (ii) and substituting the following:

(

b) does not vary by more than a prescribed percentage from the volume or

value computed from the original scale return,

(

i) the original scale return governs for all purposes of this Act and the

regulations, and , and

(

c) by adding the following subsections:

(3) A scaler whose scale has been replaced by a check scale under

section 97 (4) may

request a second check scale, by notice served on the regional manager, district

manager or forest officer.

(4) The regional manager, district manager or forest officer must have a second check

scale performed, if feasible.

(5) If the volume or value of the timber computed from the second check scale details

(

a) varies from the volume or value of the timber computed from the original

scale details by more than a prescribed percentage,

(

i) the second check scale governs for all purposes of this Act and the

regulations, and

(ii) the scaler who requested the second check scale must pay to the

government the charges, costs and expenses incurred by the

government in respect of the second check scale, or

(

b) does not vary from the volume or value of the timber computed from the

original scale details by more than a prescribed percentage,

(

i) the original scale governs for all purposes of this Act and the regulations, and

(ii) no charges, costs and expenses are payable to the government.

Section 105 (1) is amended by striking out "a regional manager or forest officer authorized

by the regional manager," and substituting "an employee of the ministry identified in the

policies and procedures referred to in subsection (1) (b)," .

Section 109 (3) is amended

(

a) in paragraph (a) (

i) by striking out ", access management plans" , and

(

b) in paragraph (

b) by striking out "section 22 (1) (a)" and substituting "section 22

(1) (

a) and (1.1)" .

Section 114 is repealed and the following substituted:

Definition

114 In this Part, "forest development plan" means a forest development plan under the

Forest Practices Code of British Columbia Act .

Section 115 is amended

(

a) in subsection (2) by striking out "or an access management plan" , and

(

b) in subsections (3) (

b) and (4) by striking out "or access management plan" .

Section 117 (2) (

e) is amended by striking out "or access management plan" .

Section 118 (

b) is repealed and the following substituted:

(

b) authorize its holder to

(

i) use the road, and

(ii) if applicable,

(

A) construct or modify the road, or

(

B) on Crown land that is in a Provincial forest and is in the area

covered by the road permit, manage and use that land for sand

pits, gravel pits, rock quarries or other quarries that are adjacent

to the road covered by the road permit and provide materials for

the construction, modification or maintenance of the road,

in accordance with the road permit, this Act and the regulations and the

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

standards made under that Act, .

Section 120 (10) is amended by striking out "an appeal board." and substituting "the

Forest Appeals Commission."

Section 129 is amended by deleting "section 136" and substituting "section 128" .

Section 142 (

f) is repealed and the following substituted:

(

f) member of the Forest Appeals Commission or an arbiter or a person

exercising a power or performing a duty in connection with a mediation,

arbitration or appeal provided for by regulation .

Section 143 is amended

(

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

(1) A review may be required under this Division of

(

a) a determination, order or decision of a district manager under paragraph (

d) of the definition in

section 53 (1) of "volume of timber harvested during a

calendar year" or under

section 76 (1), (2) or (6), 77 (1) (c), 78 or 112 (2),

(

b) a determination, order or decision of a regional manager under

paragraph (

d) of the definition in

section 53 (1) of "volume of timber

harvested during a calendar year" or under

section 59, 59.1 (9) or (10), 66

(6) (b), 70 (2) or (4), 71(1) (d), 75, 76 (1), (2) or (6), 77 (1) (

b) or 112 (2),

and

(

c) a determination of an employee of the ministry under

section 105 (1). ,

(

b) in subsection (2) (

a) by striking out "(1) (

a) and (b)" and substituting "(1) (

a) and

(c)" , and

(

c) in subsection (2) (

b) by striking out "(1) (c)" and substituting "(1) (b)" .

Section 144 is amended

(

a) in subsection (1) by striking out "written request for review" and substituting "request

for review" , and

(

b) by repealing subsections (2) and (3) and substituting the following:

(2) The person must ensure that the request for review meets the content requirements of the regulations.

(3) The person must serve the request for review on the person responsible for

conducting the review under

section 143 (2) not later than 3 weeks after the date

the notice of determination, order or decision is served on the person.

(3.1) After the request for review is served under subsection (1), the person requesting

the review and the government must disclose the facts and law on which the

person or government will rely at the review if required by the regulations and in

accordance with the regulations.

Section 145 is repealed and the following substituted:

Powers on review

(1) The person responsible for conducting a review under

section 143 (2) or (3) may

decide the matter based on one or more of the following:

(

a) the request for review and a review of the ministry's files;

(

b) the request for review, the ministry's files and any other communication

with persons that the person conducting the review considers necessary to

decide the matter, including communication with the person requesting the

review and with the person who made the determination, order or decision;

(

c) an oral hearing.

(2) The person responsible for conducting the review may confirm, vary or rescind

the determination, order or decision or refer it back to the person who made it,

with or without directions.

(3) A written decision must be served on the person who requested the review within

(

a) the prescribed period after the request for review was received by the person

responsible for conducting the review under

section 143 (2), or

(

b) another period agreed to by the person who requested the review and the

government.

(4) Despite subsection (3), if the person conducting the review determines that the

request for review does not comply with the content requirements of the regulations, or that there was a failure to disclose facts and law required under

section

144 (3.1), the prescribed period referred to in subsection (3) of this

section does

not begin until a request for review that does comply with the content requirements of the regulations is served on the person conducting the review, or the

facts and law are disclosed as required under

section 144 (3.1).

(5) A person conducting a review of a determination made under

section 105 must

apply the policies and procedures approved by the minister under

section 105 that

were in effect at the time of the initial determination.

(6) Unless the minister orders otherwise, a review of a determination, order or

decision does not operate as a stay or suspend the operation of the determination,

order or decision.

Section 146 is amended

(

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

(1) Subject to subsection (3), an appeal may be made to the Forest Appeals

Commission from a determination, order or decision of

(

a) a district manager or regional manager, under the provisions referred to in

section 143 (1) (

a) and (b),

(

b) an employee of the ministry, under

section 105 (1),

(

c) the chief forester, under

section 60 (2), 68, 70 (1), 77 (1) (

a) or 112 (1), and

(

d) the chief forester, by way of a determination under

section 66 (4) (

b) or

(5) (b), of the area of Crown land described in that section. ,

(

b) in subsection (2) by striking out "subsection (1) (a)" and substituting "subsection

(1) (

a) and (b)" ,

(

c) in subsection (3) by striking out "the appeal board" and substituting "the commission" , and

(

d) in subsection (4) by striking out "or an agreement entered into under this Act" .

Section 147 is amended

(

a) by repealing subsection (1) (

c) and (

d) and substituting the following:

(

c) serving a notice of appeal on the commission

(

i) in the case of a determination, order or decision that has been

reviewed, not later than 3 weeks after the date the written decision is

served on the person under

section 145 (3), and

(ii) in the case of a determination, order or decision that has not been

reviewed, not later than 3 weeks after that date the determination,

order or decision is served on the person under the provisions referred

to in

section 146 (1) (

c) and (d), and

(

d) enclosing a copy of the determination, order or decision appealed from. ,

(

b) by repealing subsection (2) and substituting the following:

(2) If the appeal is from a determination, order or decision as varied under

section 145, the appellant must include a copy of the review decision with the

notice of appeal served under subsection (1). ,

(

c) by adding the following subsection:

(3.1) After the notice of appeal is served under subsection (1), the appellant and the

government must disclose the facts and law on which the appellant or government

will rely at the appeal if required by the regulations and in accordance with the

regulations. , and

(

d) in subsection (4) by striking out "the minister" and substituting "the chair or a

member of the commission" .

Section 148 is repealed and the following substituted:

Appeal

(1) The commission, after receiving the notice of appeal, must

(

a) promptly hold a hearing, or

(

b) hold a hearing within the prescribed period, if any.

(2) Despite subsection (1), if the commission determines that the notice of appeal

does not comply with the content requirements of the regulations, or that there

was a failure to disclose facts and law required under

section 147 (3.1), the

commission need not hold a hearing within the prescribed period referred to in

subsection (1) of this section, but must hold a hearing within the prescribed

period after service of a notice of appeal that does comply with the content

requirements of the regulations, or the facts and law are disclosed as required

under

section 147 (3.1).

(3) Only the appellant and the government are parties to the appeal.

(4) The parties may

(

a) be represented by counsel,

(

b) present evidence, including but not limited to evidence that was not

presented in the review under Division 1 of this Part,

(

c) if there is an oral hearing, ask questions, and

(

d) make submissions as to facts, law and jurisdiction.

(5) A person who gives oral evidence may be questioned by the commission or the

parties to the appeal.

36 The following sections are added:

Order for written submissions

148.1

(1) The commission or a member of it may order the parties to an appeal to deliver

written submissions.

(2) If the appellant does not deliver a written submission ordered under

subsection (1) within the time specified in the order, the commission may dismiss

the appeal.

(3) The commission must ensure that each party to the appeal has the opportunity to

review written submissions from the other party and an opportunity to rebut the

written submissions.

Interim orders

148.2 The commission or a member of it may make an interim order in an appeal.

Open hearings

148.3 Hearings of the commission are open to the public.

Witnesses

148.4 The commission or a member of it has the same power as the Supreme Court has for

the trial of civil actions

(

a) to summon and enforce the attendance of witnesses,

(

b) to compel witnesses to give evidence on oath or in any other manner, and

(

c) to compel witnesses to produce records and things.

Contempt

148.5 The failure or refusal of a person

(

a) to attend,

(

b) to take an oath,

(

c) to answer questions, or

(

d) to produce the records or things in his or her custody or possession,

makes the person, on application to the Supreme Court, liable to be committed for

contempt as if in breach of an order or judgment of the Supreme Court.

Evidence

148.6

(1) The commission may admit as evidence in an appeal, whether or not given or

proven under oath or admissible as evidence in a court,

(

a) any oral testimony, or

(

b) any record or other thing

relevant to the subject matter of the appeal and may act on the evidence.

(2) Nothing is admissible in evidence before the commission or a member of it that

is inadmissible in a court because of a privilege under the law of evidence.

(3) Subsection (1) does not override

an Act expressly limiting the extent to or

purposes for which evidence may be admitted or used in any proceeding.

(4) The commission may retain, call and hear an expert witness.

Section 149 is repealed and the following substituted:

Powers of commission

(1) On an appeal, whether or not the person who conducted the review confirmed,

varied or rescinded the determination, order or decision being appealed, the

commission may consider the findings of

(

a) the person who made the initial determination, order or decision, and

(

b) the person who conducted the review.

(2) On an appeal, the commission may

(

a) confirm, vary or rescind the determination, order or decision, or

(

b) refer the matter back to the person who made the initial determination, order

or decision with or without directions.

(3) If the commission decides an appeal of a determination made under

section 105,

the commission must, in deciding the appeal, apply the policies and procedures

approved by the minister under

section 105 that were in effect at the time of the

initial determination.

(4) The commission may order that a party pay any or all of the actual costs in respect

of the appeal.

(5) After filing in the court registry, an order under subsection (4) has the same effect

as an order of the court for the recovery of a debt in the amount stated in the order

against the person named in it, and all proceedings may be taken as it if were an

order of the court.

(6) Unless the minister orders otherwise, an appeal under this Division does not

operate as a stay or suspend the operation of the determination, order or decision

under appeal.

38 The following sections are added:

Decision of commission

149.1

(1) The commission must make a decision promptly after the hearing and serve

copies of the decision on the appellant and the minister.

(2) On request of the appellant or the minister, the commission must provide written

reasons for the decision.

(3) The commission must serve a decision within the prescribed period, if any.

Order for compliance

149.2 If it appears that a person has failed to comply with an order or decision of the

commission or a member of it, the commission, minister or appellant may apply to the

Supreme Court for an order

(

a) directing the person to comply with the order or decision, and

(

b) directing the directors and officers of the person to cause the person to

comply with the order or decision.

Section 150 is repealed and the following substituted:

Appeal to the courts

(1) The appellant or the minister, within 3 weeks after being served with the decision

of the commission, may appeal the decision of the commission to the Supreme

Court on a question of law or jurisdiction.

(2) On an appeal under subsection (1), a judge of the Supreme Court, on terms he or

she considers appropriate, may order that the decision of the commission be

stayed in whole or in part.

(3) An appeal from a decision of the Supreme Court lies to the Court of Appeal with

leave of a justice of the Court of Appeal.

Section 151 (2) is amended

(

a) by repealing paragraph (

e) and substituting the following:

(

e) the payment of deposits to the government and the circumstances under

which deposits may be realized;

(e.1) the imposition of fees payable to the government; ,

(

b) by repealing paragraph (

q) and substituting the following:

(

q) the practice, procedure and forms for reviews and appeals; , and

(

c) by adding the following paragraphs:

(

s) the circumstances under which a review or appeal may be dismissed on the

basis that the request for review or notice of appeal does not meet the

content requirements of the regulations, or that there was a failure to

disclose facts and law as required by the regulations;

(

t) the costs of reviews and appeals and the apportionment of those costs

between the government and the appellant;

(

u) the number of members of the commission that constitutes a quorum of the

commission or a panel of the commission;

(

v) fees and deposits respecting applications for reviews and appeals;

(

w) the period in which the commission must hold a hearing after receiving a

notice of appeal;

(

x) the period in which the commission must serve a decision after hearing an

appeal.

Section 163 (

a) is amended by striking out "84 (1), (2), (3) or (4), 86 (1), (2) or (4)," and

substituting "84 (1), (2), (3), (4) or (6), 86 (1), (2), (3.1) or (4)," .

42 Sections 2 (

a) and 6 of the Supplement to the Forest Act are repealed.

Forest Practices Code of British Columbia Act

43 The

preamble to the Forest Practices Code of British Columbia Act, R.S.B.C. 1996,

c. 159, is amended by repealing paragraph (

c) and substituting the following:

(

c) balancing economic, productive, spiritual, ecological and recreational

values of forests to meet the economic, social and cultural needs of peoples

and communities, including First Nations, .

Section 1 (1) is amended

(

a) in the definition of "commission" by striking out "established" and substituting

"continued" ,

(

b) in the definition of "cutblock" by adding "or a cutting permit issued under a master

licence to cut" after "licence to cut" ,

(

c) by repealing the definition of "designated energy, mines and petroleum resources

official" and substituting the following:

"designated employment and investment official" means a person employed in

the Ministry of Employment and Investment who is designated by name or title

to be a designated employment and investment 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; ,

(

d) by repealing the definition of "determination" and substituting the following:

"determination" means any act, decision, procedure, levy, finding, order or other

determination made under this Act, the regulations or the standards by a

reviewer, official or senior official; ,

(

e) in paragraph (b) (

i) of the definition of "forest practice" by adding the following

clause:

(A.1) under an agreement with Forest Renewal BC, ,

(

f) in paragraph (b) (i) (

C) of the definition of "forest practice" by adding ", (A.1)" after

"clause (A)" ,

(

g) by repealing the definition of "higher level plan" and substituting the following:

"higher level plan" means an objective

(

a) for a resource management zone,

(

b) for a landscape unit or sensitive area,

(

c) for a recreation site, recreation trail or interpretive forest site, and

(

d) established under

section 7.1 from a management plan; ,

(

h) by adding the following

definitions:

"master licence to cut" means a licence to cut in the form of a master agreement

referred to in

section 51 (3) of the Forest Act ;

"minor salvage operation" means minor salvage operation as defined by

regulation; ,

(

i) in the definition of "net area to be reforested" by striking out "or" at the end of

paragraph (b), by adding ", or" at the end of paragraph (

c) and by adding the

following paragraph:

(

d) an area indicated on the silviculture prescription as a reserve area where the

establishment of a free growing stand is not required; ,

(

j) in paragraph (

c) of the definition of "official" by striking out "energy, mines and

petroleum resources" and substituting "employment and investment" ,

(

k) by repealing the definition of "operational plan" and substituting the following:

"operational plan" means a forest development plan, logging plan, access

management plan, range use plan, silviculture prescription and stand

management prescription; ,

(

l) by repealing the definition "permanent access structure" and substituting the

following:

"permanent access structure" means permanent access structure as defined by

regulation; ,

(

m) by repealing paragraph (

a) of the definition of "range development" and substituting the following:

(

a) if related to the management, for range purposes,

of range land or livestock, a structure, excavation or constructed livestock

trail, and , and

(

n) by adding the following definition:

"reviewer" means the person or majority of persons assigned by a review official for

the purpose of a review of a determination under

section 129; .

Section 1 is amended

(

a) in subsection (5) by striking out "Sections 117, 119, 143" and substituting "Sections

116.2, 143 to 145" , and

(

b) by adding the following subsection:

(10) For the purposes of a provision that refers to a higher level plan or an operational

plan being consistent or inconsistent,

(

a) an operational plan is deemed to be consistent with higher level plans and

other operational plans if the operational plan does not materially conflict

with them, and

(

b) a higher level plan is deemed to be consistent with other higher level plans

if the higher level plan does not materially conflict with them.

Section 2 (1) and (4) to (6) is repealed and the following substituted:

(1) Private land in a tree farm licence or in a woodlot licence and Crown land that is

(

a) in a Provincial forest, other than Crown land in a wilderness area,

(

b) described in an agreement under the Range Act , or

(

c) described in a woodlot licence

must be managed and used in a way that is consistent with one or more of the

following:

(

d) timber production, utilization and related purposes;

(

e) forage production and grazing by livestock and wildlife and related

purposes;

(

f) recreation, scenery and wilderness purposes;

(

g) water, fisheries, wildlife, biological diversity and cultural heritage resource

purposes;

(

h) any purpose permitted by or under the regulations.

(4) Despite subsections (1) to (3), under the Coal

Act , the Geothermal Resources Act , the Mineral Tenure Act

or the Petroleum and Natural Gas Act , a person may use or occupy Crown

land that is

(

a) in a Provincial forest or in a wilderness area, if the person does so in

accordance with the regulations and, if required by the regulations, with a

special use permit,

(

b) described in an agreement under the Range Act , or

(

c) described in a woodlot licence.

(5) A person must obtain a special use permit, if required to do so by the regulations,

if the person uses or occupies Crown land that is

(

a) in a Provincial forest or in a wilderness area,

(

b) described in an agreement under the Range Act ,

(

c) described in a woodlot licence.

(6) Subsection (5) does not apply to a person who uses

or occupies Crown land described in an agreement under the Range Act

or in a woodlot licence if the use or occupation is under the Coal Act ,

the Geothermal Resources Act , the Mineral Tenure Act or the Petroleum

and Natural Gas Act .

Section 3 is repealed and the following substituted:

Resource management zones and objectives

(1) The ministers, by written order, may establish as a resource management zone an

area of Crown land or an area of private land in a tree farm licence or woodlot

licence, and may vary the boundaries of the zone or cancel the zone.

(2) The ministers, by written order, must establish objectives for a resource

management zone and may vary or cancel an objective.

(3) Before establishing, varying or cancelling a resource management zone or

objective in a way that significantly affects the public, the ministers must provide

for review and comment in accordance with the regulations.

(4) The ministers may delegate in writing to a regional manager of the Ministry of

Forests and a regional director of the Ministry of Environment, Lands and Parks,

the authority to jointly establish, vary or cancel a resource management zone or

objective, and the ministers may limit or cancel the delegation.

(5) The persons making an order under this

section must file the order with the

regional manager.

(6) The establishment, variance or cancellation of a resource management zone or

objective takes effect

(

a) subject to paragraph (b), 6 months after the order is filed with the regional

manager, or

(

b) if authorized by the regulations and in accordance with the regulations, on

a date specified in the order.

(7) The regional manager must make available to the public

(

a) the order, and

(

b) a map showing the boundaries of the resource management zone.

(8) A plan or agreement declared to be a higher level plan for the purposes of this Act

by the ministers before June 15, 1997 is continued and

(

a) the area to which the plan or agreement applies is deemed to be a resource

management zone,

(

b) the provisions of the plan or agreement are deemed to be objectives,

(

c) the plan or agreement does not have to meet any content requirements or

any public review requirements that are prescribed under this Act, and

(

d) the plan or agreement remains in effect until the first to happen of the

following:

(

i) the plan or agreement expires and is not replaced under this section,

(ii) the plan or agreement is replaced with a resource management zone

and objectives in accordance with this section.

Section 4 is amended

(

a) by repealing subsection (2),

(

b) in subsection (8) (

a) by adding "subject to paragraph (b)," before "6 months" , and

(

c) in subsection (8) (

b) by striking out "at an earlier time" and substituting "on a date" .

Section 5 is amended

(

a) by repealing subsection (2),

(

b) in subsection (8) (

a) by adding "subject to paragraph (b)," before "6 months" , and

(

c) in subsection (8) (

b) by striking out "at an earlier time" and substituting "on a date" .

Section 6 is amended

(

a) by striking out "licence to cut, silviculture prescription or stand management prescription," and substituting "silviculture prescription, stand management prescription,

special use permit or licence to cut, other than a master licence to cut," , and

(

b) by adding the following subsection:

(3.1) The establishment of an area under subsection (1) or of an objective under

subsection (3) takes effect on the date the order is made or on a later date specified

in the order.

51 The following

section is added:

Objective from a management plan

7.1

(1) The chief forester, by written order, may establish an objective contained in a

management plan for a tree farm licence as a higher level plan for an area under

the licence if the chief forester is of the opinion that the establishment is

necessary to ensure that the land is managed and used in accordance with

section 2 and the regulations.

(2) In accordance with the directions, if any, of the chief forester, the regional

manager, by written order, may establish an objective contained in a management

plan, other than a management plan for a tree farm licence, as a higher level plan,

for an area to which the management plan applies if the regional manager is of

the opinion that the establishment is necessary to ensure that the land is managed

and used in accordance with

section 2 and the regulations.

(3) By written order, the chief forester may vary or cancel an objective established

under subsection (1) and the regional manager may vary or cancel an objective

established under subsection (2).

(4) An order under subsection (1), (2) or (3) must be

(

a) made in accordance with the regulations, and

(

b) filed with the regional manager.

(5) Before establishing, varying or cancelling an objective under subsection (1),

(2) or (3) that will significantly affect the public, the chief forester or regional

manager must provide for review and comment in accordance with the regulations.

(6) The establishment, variance or cancellation of an objective under subsection (1),

(2) or (3) takes effect

(

a) subject to paragraph (b), 6 months after the order is filed with the regional

manager, or

(

b) if authorized by the regulations and in accordance with the regulations, on

a date specified in the order.

(7) If, under another provision of this Part, an objective is established or varied for

an area to which an objective established under this

section applies and the

objective is inconsistent with the objective established under this section, the

objective made under the other provision prevails to the extent necessary to

remedy the inconsistency.

(8) The chief forester, for an order of the chief forester made under subsection (1) or

(3), and the regional manager for an order of the regional manager made under

subsection (2) or (3), must make available to the public the order and a map

showing the area to which the objective applies.

Section 9 (2) to (5) is repealed.

53 The following

section is added:

Higher level plan transition required

9.1 A higher level plan must specify any provision of the plan that will not be

implemented when the plan is established or varied and must specify the date the

provision will be implemented or the circumstances that will enable it to be implemented.

Section 10 is repealed and the following substituted:

Forest development plans: content

(1) Subject to subsections (2) to (5), a forest development plan must comply with the

following:

(

a) it must cover a period of at least 5 years unless otherwise prescribed;

(

b) it must include, for the area under the plan,

(

i) maps and schedules describing

(

A) the size, shape and location of cutblocks proposed for

harvesting during the period referred to in paragraph (a), and the

approximate location of existing and proposed roads that will

provide access to the cutblocks, and

(

B) in accordance with the regulations, the timing of proposed

timber harvesting and related forest practices, including road

construction, modification, maintenance and deactivation, and

(ii) matters required by regulation;

(

c) it must specify

(

i) in accordance with the regulations, and to the extent required by the

regulations, silvicultural systems and harvesting methods that will be

carried out within the cutblocks, and

(ii) measures that will be carried out to protect forest resources;

(

d) it must

(

i) be consistent with any higher level plan, and

(ii) meet the requirements of this Act, the regulations and the standards

in effect 4 months before the date the plan is submitted for the district

manager's approval or given effect by the district manager, unless the higher

level plan or this Act, the regulations or the standards specify otherwise;

(

e) it must be signed and sealed by a professional forester.

(2) Subsection (1) (

d) does not apply to a cutblock to the extent provided in the

regulations made under

section 212.1.

(3) A forest development plan that proposes

(

a) timber harvesting operations, or

(

b) road construction and modification operations

relating to minor salvage operations need not contain, for the minor salvage

operations, the matters referred to in subsection (1) (b) (

i) and (c) (i), but must

otherwise comply with subsection (1).

(4) Subject to subsection (5), a forest development plan need not comply with

subsection (1) (a), (b) (

i) or (

c) if the proposed road construction, modification,

maintenance and deactivation activities under the plan are restricted to

(

a) road construction or modification under

section 62 where the authority is a

special use permit and the work is associated with the silviculture

treatments under

(

i) a silviculture prescription for a backlog area under

section 23 (2) (b),

(ii) a stand management prescription under

section 24 (2) (b), or

(iii)

section 71.1,

(

b) road maintenance under

section 63 (7), or

(

c) road deactivation under

section 64 (1) if the deactivation is under a special

use permit and the activity is the subject of an agreement between the holder

of the permit and Forest Renewal BC.

(5) A forest development plan referred to in subsection (4) must

(

a) include, for the area under the plan, maps and schedules describing the

approximate location of the existing and proposed roads,

(

b) specify the timing of the proposed forest practices, and

(

c) specify measures that will be carried out to protect forest resources.

Section 11 is amended

(

a) by repealing paragraph (b) (ii) and substituting the following:

(ii) how methods for rehabilitation will be carried out for temporary

roads, landings, excavated or bladed trails and other areas where

rehabilitation of soil disturbance is required; , and

(

b) in paragraphs (

c) and (

d) by striking out "approved or given effect under Division 5

of this Part" and substituting "submitted for the district manager's approval or

prepared by the district manager" .

Section 12 is amended

(

a) by repealing paragraphs (

a) and (

b) substituting the following:

(

a) it must include, for the area under the prescription,

(

i) long term management objectives set out

(

A) in a forest development plan or, in the absence of a forest

development plan, in a higher level plan, or

(

B) in the absence of objectives set out in a forest development plan

or a higher level plan, in accordance with the regulations, if any,

(ii) a description of the silvicultural system and post harvesting stand

structure and site condition,

(iii) prescribed stocking requirements,

(iv) a map describing the approximate location of permanent access

structures, temporary roads and landings,

(

v) limits for temporary and permanent access structures and soil

disturbance that may occur on the area, and

(vi) matters required by regulation;

(

b) if it is a silviculture prescription referred to in

section 22, it must

(

i) be consistent, at the date it is submitted for the district manager's

approval or given effect by the district manager,

(

A) with any forest development plan that is in effect, or

(

B) if a forest development plan is not required under this Act for

the area under the prescription, with any higher level plan that

is in effect, and

(ii) meet the requirements of this Act, the regulations and the standards

in effect 4 months before the date the prescription is submitted for the

district manager's approval or given effect by the district manager,

unless this Act, the regulations or the standards specify otherwise; , and

(

b) in paragraph (

c) by striking out "approved or given effect under Division 5 of this

Part;" and substituting "submitted for the district manager's approval or prepared by

the district manager;" .

Section 13 (

b) is amended by striking out "approved or given effect under Division 5 of this

Part;" and substituting "submitted for the district manager's approval or prepared by the

district manager;" .

Section 14 is repealed.

Section 15 is repealed.

Section 17 (1) is amended by adding "required by the regulations" after "must carry out

the assessments" .

Section 18 is amended by adding the following subsection:

(3.1) Subsections (1) and (3) do not apply to a timber sale licence that authorizes minor

salvage operations if, for those operations, there is in effect a forest development

plan that meets the requirements of

section 10 (3).

Section 19 is amended by adding the following subsection:

(1.1) Subsection (1) does not apply to a major licence, woodlot licence or pulpwood

agreement that authorizes minor salvage operations if, for those operations, a

forest development plan meeting the requirements of

section 10 (3) has been

approved by the district manager.

63 The following

section is added:

Forest development plans if road activities

are funded by Forest Renewal BC

19.1

(1) Before carrying out

(

a) road construction or modification described in

section 10 (4) (a),

(

b) road maintenance described in

section 10 (4) (b), or

(

c) road deactivation described in

section 10 (4) (c),

a person who is the holder of a major licence or woodlot licence or who meets the

prescribed requirements must prepare and obtain the district manager's approval

of a forest development plan that complies with

section 10 (4).

(2) A forest development plan under this

section

(

a) takes effect on the date specified in the approval of the plan under

Division 5 of this Part, and

(

b) expires after a prescribed period following the date specified in the approval

of the plan under Division 5 of this Part.

(3) Before or after a forest development plan under this

section expires, the district

manager may extend the term of the plan for a prescribed period in accordance

with the regulations.

(4) If the term of a forest development plan is extended under this section, the holder

or person who prepared the plan must promptly amend the plan to the extent

necessary to ensure compliance with the current requirements of this Act, the

regulations and the standards.

Section 20 is repealed.

Section 21 is repealed and the following substituted:

Logging plans: generally

21 The district manager may require the holder of

(

a) a road permit, unless the holder also holds a major licence, timber sale

licence or woodlot licence, or

(

b) a licence to cut or a cutting permit under a master licence to cut

to prepare and obtain the district manager's approval of a logging plan before

harvesting timber under the permit or licence if the district manager determines that

the logging plan is necessary to adequately manage and conserve the forest resources

of the area to which it applies.

Section 22 is amended

(

a) by adding the following subsection:

(1.1) The district manager need not prepare a silviculture prescription under subsection

(1) (

a) if the timber sale licence specifies that the holder of the licence must

prepare and obtain the district manager's approval of a silviculture prescription

for the area to be harvested under the timber sale licence. ,

(

b) by repealing subsection (2) and substituting the following:

(2) A person must not harvest timber from an area referred to in

(a) subsection (1) (

a) until the district manager prepares the silviculture

prescription for the area, or

(b) subsection (1.1) until the holder of the timber sale

licence prepares and obtains the district manager's approval of a silviculture

prescription for the area to be harvested under the timber sale licence.

(

c) in subsections (3) and (4) by striking out "or woodlot licence" , and

(

d) in subsection (5) by striking out ", timber licence or a woodlot licence" and substituting "or a timber licence" .

Section 23 (2) is repealed and the following substituted:

(2) Before a person who is a holder of a major licence or woodlot licence or who

meets the prescribed requirements carries out a silviculture treatment on a

backlog area to establish a free growing stand

(

a) as a requirement of the major licence or woodlot licence, or

(

b) under an agreement with Forest Renewal BC,

the person must prepare and obtain the district manager's approval of a silviculture prescription for the area.

Section 24 is amended

(

a) by repealing subsection (2) and substituting the following:

(2) Before a person who is a holder of a major licence or woodlot licence or who

meets the prescribed requirements carries out a silviculture treatment on a free

growing stand

(

a) as a requirement of the major licence or woodlot licence, or

(

b) under an agreement with Forest Renewal BC

the person must prepare and obtain the district manager's approval of a stand

management prescription for the area. , and

(

b) by adding the following subsection:

(2.1) Despite subsection (1) or (2), the district manager may prepare or approve a stand

management prescription that covers more than one distinct treatment area, if

(

a) the district manager is of the opinion that the prescription would adequately

manage and conserve the forest resources on each of the areas that are to be

treated, and

(

b) the treatments, and the objectives for the treatments, meet the prescribed

requirements.

Section 25 is repealed.

Section 26 is repealed.

Section 27 (3) is repealed and the following substituted:

(3) If the district manager gives the holder a notice under subsection (2),

(

a) the district manager must prepare the range use plan, and

(

b) the holder must supply information requested by the district manager that is

known to the person and is needed to prepare the range use plan.

Section 28 is amended

(

a) by adding the following subsection:

(1.1) Unless the regulations specify otherwise, the district manager may exempt a

person referred to in

section 19.1 from the requirement for a forest development

plan if the district manager determines that any construction, modification,

maintenance or deactivation of the roads that will take place does not affect the

public in a material way. , and

(

b) by repealing subsection (2) and substituting the following:

(2) Despite subsection (1) or (1.1), if the timber harvesting activity referred to in

subsection (1) or the road construction, modification, maintenance or deactivation referred to in subsection (1.1) is in an area referred to in

section 41 (6), the

district manager may not exempt a person from the requirement for a forest

development plan without the approval of a designated environment official.

Section 29 is repealed.

Section 30 (1) (

c) is repealed and the following substituted:

(

c) the felling and removal of timber that is damaged or in danger of being

significantly reduced in value, lost or destroyed, if the volume does not

exceed 500 m 3 ; .

Section 35 is amended

(

a) by repealing subsection (1) (

b) and substituting the following:

(

b) must not carry out, on any parts of the plan area that would be materially

affected by the proposed amendment or new plan, any operation under the

plan, unless the plan is a range use plan, until the amendment or new plan

has been approved or given effect under Division 5 of this Part. , and

(

b) by repealing subsection (2) (

b) and substituting the following:

(

b) must not carry out, on any parts of the plan area that would be materially

affected by the proposed amendment or new plan, any operation under the

plan until the amendment or new plan has been prepared.

Section 36 is amended

(

a) by repealing subsection (2) (

b) and substituting the following:

(

b) if an amendment or new prescription is needed to ensure

the requirements referred to in paragraph (

a) are met, must not carry out on

any parts of the area covered by the silviculture prescription that would be

materially affected by the amendment or new prescription, any operation under

the prescription until an amendment to the silviculture prescription or a new

silviculture prescription has been approved under Division 5 of this Part. ,

and

(

b) by repealing subsection (3) (

b) and substituting the following:

(

b) if an amendment or new prescription is needed to ensure the requirements

referred to in paragraph (

a) are met, must not carry out on any parts of the

area covered by the silviculture prescription that would be materially

affected by the amendment or new prescription, any operation under the

prescription until such time as an amendment to the silviculture prescription

or a new silviculture prescription has been prepared.

Section 37 (1) is amended by repealing everything after paragraph (

b) and substituting

the following:

the district manager may

(

c) by written notice, require the holder to submit a new prescription or an

amendment to the prescription, if the prescription is not related to a woodlot

licence, or

(

d) take the action authorized by regulation, if the prescription is related to a

woodlot licence.

Section 38 is amended

(

a) by adding "or is referred to in

section 22 (1.1)," after "section 22 (1) (a)" , and

(

b) by repealing paragraph (b) (ii) and substituting the following:

(ii) the date the district manager prepared or approved the prescription.

Section 41 is amended

(

a) in subsection (1) by striking out "and" at the end of paragraph (a), by adding ", and"

at the end of paragraph (

b) and by adding the following paragraph:

(

c) the district manager is satisfied that the plan or amendment adequately

addresses the government's economic objectives for the area, including any

economic direction for forest resources provided in a higher level plan. ,

(

b) by adding the following subsection:

(6.1) If any portion of a forest development plan or amendment requires the joint

approval of the district manager and a designated environment official under

subsection (6), the district manager

(

a) may approve as a forest development plan any part of the forest

development plan that does not require joint approval, or

(

b) may approve any part of the amendment that does not require joint approval

if the part meets the requirements of subsection (1) and the district manager is

satisfied that the part of the plan or amendment being approved will adequately

manage and conserve the forest resources in the area that requires joint approval. ,

and

(

c) by repealing subsection (7) and substituting the following:

(7) The designated environment official must approve the portion, referred to in

subsection (6), of a forest development plan or amendment if

(

a) the portion was prepared and submitted in accordance with this Act, the

regulations and the standards,

(

b) the designated environment official is satisfied that the portion will

adequately manage and conserve the forest resources of the area to which it

applies, and

(

c) the designated environment official is satisfied that the portion adequately

addresses the government's economic objectives for the area, including any

economic direction for forest resources provided in a higher level plan.

Section 42 is amended

(

a) in subsection (1) by striking out "or an access management plan or amendment" , and

(

b) by repealing subsection (2) (

b) and substituting the following:

(

b) the timber on the area under the plan or prescription should be harvested

without delay because it is in danger of being damaged, significantly

reduced in value, lost or destroyed.

Section 43 (1) (

c) is repealed and the following substituted :

(

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

Section 45 (2) (

a) is repealed and the following substituted:

(

a) the person

(

i) is acting in accordance with an operational plan or a permit issued

under this Act or the regulations, or an approval of the district

manager under

section 48.1 or 71.1, or

(ii) has entered into an agreement described in

section 64 (1.1) and is

acting in the manner described in

section 64 (1.1), or .

Section 46 (2) is amended by striking out ", an access management plan," .

Section 47 (2) is repealed and the following substituted:

(2) Despite subsection (1), a person carrying out timber harvesting operations may,

in accordance with a silviculture prescription, temporarily exceed the maximum

amount of soil disturbance within the net area to be reforested to the extent

necessary to construct temporary access structures approved in the silviculture

prescription if the silviculture prescription provides for soil rehabilitation

measures to be carried out to those temporary access structures.

85 The following

section is added:

Gully and landslide rehabilitation treatment approval required

48.1

(1) Before the government carries out a treatment to rehabilitate a gully area or

landslide area, the district manager must be satisfied that the treatment

(

a) is consistent with any higher level plan in effect when the treatment is

carried out, and

(

b) adequately manages and conserves the forest resources of the area to which

it applies.

(2) Before a person who is the holder of a major licence or woodlot licence or who

meets prescribed requirements carries out a treatment to rehabilitate a gully area

or landslide area under an agreement with Forest Renewal BC, the person must

obtain the district manager's approval of the treatment.

(3) The district manager may

(

a) refuse to approve a rehabilitation treatment proposed under subsection (2),

if the district manager

(

i) determines that the proposed treatment is inconsistent with any

higher level plan in effect when the request for approval was made, or

(ii) is not satisfied that the proposed treatment will adequately manage

and conserve the forest resources of the area to which it applies, or

(

b) approve a rehabilitation treatment proposed under subsection (2) with or

without conditions.

(4) The district manager must advise the person in writing of the district manager's

decision under subsection (3).

(5) In carrying out a treatment to rehabilitate a gully area or a landslide area, the

government must do so in accordance with the regulations and standards.

(6) In carrying out a treatment to rehabilitate a gully area or landslide area, a person

referred to in subsection (2) must do so in accordance with

(

a) any written notice provided by the district manager under subsection (4),

and

(

b) the regulations and standards.

(7) If the government or a person carries out a treatment to rehabilitate a gully area

or landslide area, the government or the person must

(

a) carry out surveys at the times and in the manner specified in the regulations

and standards, and

(

b) submit reports at the times and in the manner specified in the regulations

and standards.

Section 49 (1) is repealed and the following substituted:

(1) The district manager may exempt the government, or the holder of a logging plan,

silviculture prescription or timber sale licence that is not a major licence from

having to rehabilitate areas under

section 46 (4) or 47 (5) to (7).

Section 51 (1) (

c) is amended by striking out "or excavation;" and substituting ", excavation or constructed livestock trail;" .

Section 54 is amended

(

a) by adding the following subsection:

(1.1) Subsection (1) does not apply to a road built under the Coal Act, Geothermal

Resources Act, Mines Act, Mining Right of Way Act, Petroleum and Natural Gas

Act or Mineral Tenure Act, unless the construction, modification or use of the road

is authorized by a special use permit. ,

(

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

(4) The district manager may exempt a person from the requirement to have a road

use permit, on being satisfied that the person's use of the road will not

(

a) materially affect the use of the road by others, or

(

b) unnecessarily disturb the natural environment or cultural heritage

resources. ,

(

c) in subsection (5) by striking out "exempt a person or a type of load" and substituting

"exempt a person" ,

(

d) in subsection (5) (

a) by striking out "or the type of load" , and

(

e) by adding the following subsection:

(5.1) The district manager may make an exemption under subsections (4) and

(5) subject to conditions, and the person exempted must comply with the conditions.

89 Sections 54 (6) (b), 59 (1) and (2), 60 (3), 63 (2), (3) and (6) (

a) and 64 (1) (

a) are amended

by striking out "or access management plan" .

Section 58 is amended

(

a) in subsections (2) (a) (

i) and (3) by striking out "or access management plan" , and

(

b) by repealing subsection (2) (

b) and substituting the following:

(

b) if the road is

(

i) authorized by a cutting permit, or timber sale licence that does not

provide for cutting permits,

(ii) wholly contained in an area covered by a cutting permit, or a timber

sale licence that does not provide for cutting permits, and

(iii) identified on

(

A) a logging plan, or

(

B) a silviculture prescription approved or given effect by the district manager, .

Section 62 (1) (

d) is repealed and the following substituted:

(

d) any forest development plan, access management plan,

silviculture prescription or logging plan; .

Section 63 (6) is amended by striking out "a forest development plan or an access management plan." and substituting "a forest development plan." .

Section 64 is amended

(

a) by adding the following subsection:

(1.1) Subject to subsection (11), a person who

(

a) is the holder of a major licence or woodlot licence, or

(

b) meets the prescribed requirements

and has entered into an agreement with Forest Renewal BC to carry out road

deactivation activities on a specific road, must deactivate the road temporarily,

semi-permanently or permanently, as required by, and in accordance with

(

c) this Act, the regulations and the standards,

(

d) any forest development plan, and

(

e) any road deactivation prescription. ,

(

b) in subsection (5) by adding "referred to in subsections (1) and (1.1)" after "A person" ,

and

(

c) by adding the following subsection:

(5.1) A person referred to in subsection (1.1) must not carry out temporary deactivation

of the road, unless

(

a) the person notifies the district manager in writing of

(

i) the road that the person intends to temporarily deactivate, and

(ii) the nature, timing and implications of the deactivation, and

(

b) the district manager provides written notice that either

(

i) a deactivation prescription is not required for the proposed deactivation activities, or

(ii) a deactivation prescription is required under subsection (6).

Section 67 (2) is amended

(

a) by repealing paragraph (b), and

(

b) in paragraph (c) (

i) by adding "in areas that are not covered by a silviculture prescription," before "forest practices are" .

Section 68 is amended

(

a) in subsection (1) by striking out "identified" and substituting "provided for" ,

(

b) by adding the following subsection:

(1.1) A holder of a woodlot licence may only build an excavated or bladed trail that is

provided for in a site plan or permitted by the regulations. , and

(

c) in subsection (2) by striking out "subsection (1)," and substituting "subsection (1) or

(1.1)," .

Section 70 is amended

(

a) in subsection (1) in paragraph (

a) of the definition of "commencement date" by

striking out "section 22 (1) (

a) or (3)," and substituting "section 22 (1) (a), (1.1) or

(3)," ,

(

b) in subsection (1) in paragraph (

b) of the definition of "commencement date" by

striking out "prepares" and substituting "gives effect to" ,

(

c) in subsection (2) by adding ", or approves a prescription referred to in

section 22 (1.1)"

after "a silviculture prescription" ,

(

d) by adding the following subsections:

(3.1) Despite subsection (3), if a person is required to submit a silviculture prescription

under

section 23 (2) (

b) and the commencement date has occurred,

(

a) the person must establish, in accordance with the regulations and standards

and the prescription, a free growing stand on those portions of the area

under the prescription that are within the net area to be reforested, if the

silviculture activities are the subject of an agreement between Forest

Renewal BC and the person, and

(

b) the government must establish, in accordance with the regulations and

standards and the prescription, a free growing stand on those portions of the

area under the prescription that are within the net area to be reforested, if

the silviculture activities are no longer the subject of an agreement between

Forest Renewal BC and the person required to submit a silviculture

prescription under

section 23 (2) (b).

(3.2) If the government is required to establish a free growing stand under subsection

(3.1) (b), Forest Renewal BC must pay all costs incurred by the government in

meeting the requirements of that subsection. ,

(

e) in subsection (4) by striking out everything before paragraph (

b) and substituting the

following:

(4) Without limiting subsections (2) to (3.1), the person who is required to establish

the free growing stand under the prescription must do all of the following:

(

a) create the post harvest stand structure and site conditions specified in the

prescription; , and

(

f) in subsection (4) (

b) by striking out "or reduction" .

Section 71 (4) is amended by adding "the Silviculture Payments Sub-account of" after

"must be paid into" .

98 The following

section is added:

Silviculture treatments on regenerated but not free growing stands

71.1

(1) In this section, "applicable area" means an area

(

a) from which the timber was harvested, damaged or destroyed before

October 1, 1987,

(

b) that in the district manager's opinion is sufficiently stocked with healthy

well spaced trees of a commercially acceptable species, and

(

c) that is not supporting a free growing stand.

(2) Before the district manager carries out a silviculture treatment on an applicable

area the district manager must be satisfied that the treatment

(

a) is consistent with any higher level plan in effect when the treatment is

carried out, and

(

b) adequately manages and conserves the forest resources of the applicable

area.

(3) Before a person who is a holder of a major licence or woodlot licence or who

meets the prescribed requirements carries out a silviculture treatment on an

applicable area under an agreement with Forest Renewal BC, the person must

obtain the district manager's approval of the silviculture treatment for the area.

(4) The district manager may

(

a) refuse to approve the silviculture treatment proposed under subsection

(3) if the district manager

(

i) determines that the proposed treatment is inconsistent with any

higher level plan in effect when the approval is made, or

(ii) is not satisfied that the proposed treatment will adequately manage

and conserve the forest resources of the applicable area, or

(

b) approve the silviculture treatment proposed under subsection (3) with or

without conditions.

(5) The district manager must advise the person in writing of his or her decision

under subsection (4).

(6) In carrying out a silviculture treatment under this section, the government must

do so in accordance with the regulations and standards.

(7) In carrying out a silviculture treatment under this section, the person referred to

in subsection (3) must do so in accordance with

(

a) any written notice provided by the district manager under subsection (5),

and

(

b) the regulations and standards.

(8) If the government or a person carries out a silviculture treatment on an applicable

area, the government or the person must

(

a) carry out surveys at the times and in the manner specified in the regulations,

and standards, and

(

b) submit reports at the times and in the manner specified in the regulations

and standards.

Section 72 is amended

(

a) in subsection (2) by adding "under

section 24 (2) (a)" after "is required to submit a

stand management prescription" ,

(

b) by adding the following subsection:

(2.1) If a person is required to prepare a stand management prescription under

section

24 (2) (b), and a silviculture treatment that is the subject of an agreement between

the person and Forest Renewal BC is carried out on the area, the person must

ensure that the silviculture treatment is carried out in accordance with the

regulations and standards, and the stand management prescription approved

under Division 5 of

Part 3. , and

(

c) by repealing subsection (3) and substituting the following:

(3) Without limiting subsections (1) to (2.1),

(

a) the district manager, holder of the licence or the person required to prepare

a stand management prescription under

section 24 (2) (

b) must carry out

surveys at the times and in the manner specified in the regulations and

standards, and

(

b) the district manager must prepare, and the holder or the person required to

prepare a stand management prescription under

section 24 (2) (b), must

submit to the district manager, records and reports in accordance with the

regulations.

Section 78 is amended by renumbering the

section as

section 78 (1) and by adding the

following subsection:

(2) A person must comply with a notice or order published, broadcast or given under

this section.

Section 96 is repealed and the following substituted:

Unauthorized timber harvest operations

(1) A person must not cut, damage or destroy Crown timber unless authorized to do

(

a) under an agreement under the Forest Act or under a provision of the Forest

Act ,

(

b) under a grant of Crown land made under the Land Act ,

(

c) under the Mineral Tenure Act for the purpose of locating a claim or for other

prescribed purposes,

(

d) under the Park Act ,

(

e) by the regulations, in the course of carrying out duties as a land surveyor,

(

f) by the regulations, in the course of fire control or suppression operations, or

(

g) by the regulations, in the course of carrying out activities

(

i) under a range use plan or a consent under

section 101 or 102,

(ii) under a silviculture prescription for a backlog area or a stand

management prescription,

(iii) under an approval of the district manager under

section 48.1 or 71.1,

(iv) under an agreement under

section 64 (1.1).

(2) Without limiting subsection (1), a person must not remove Crown timber unless

authorized to do so

(

a) under an agreement under the Forest Act or under a provision of the Forest

Act ,

(

b) under a grant of Crown land made under the Land Act, or

(

c) under the Park Act .

(3) If a person, at the direction of or on behalf of another person,

(

a) cuts, damages or destroys Crown timber contrary to subsection (1), or

(

b) removes Crown timber contrary to subsection (2),

that other person also contravenes subsection (1) or (2).

(4) Despite any other enactment or grant of land from the government, timber on

private land granted by the government after April 6, 1887 and before April 29,

1888 may be harvested without the authority of the government.

Section 101 is amended

(

a) in subsection (1) (

b) by adding "removing," after "maintaining," ,

(

b) by adding the following subsections:

(1.1) The district manager may

(

a) require a person seeking consent under subsection (1) to submit the matter

for which consent is sought to a review in accordance with the regulations,

and for comments by interested parties during the course of the review,

(

b) grant or refuse the consent, depending on the outcome of a review required

under paragraph (a), and

(

c) impose requirements, that the district manager considers necessary or

desirable, to be met by the person seeking the consent as a condition of

obtaining or retaining the consent, including, but not limited to, requiring

that the person provide security.

(1.11) The district manager may only grant a consent under this

section if

(

a) the consent is consistent with any operational plans and higher level plans

in effect for the area covered by the consent, and

(

b) the district manager is satisfied that the consent will adequately manage

and conserve the forest resources of the area to which it applies.

(1.12) If the district manager requires security under subsection (1.1) (c), the district

manager must specify

(

a) when the security must be paid,

(

b) the amount of security that is required,

(

c) the form of the security, and

(

d) the circumstances under which the security may be realized.

(1.2) A person who obtains consent under subsection (1) must comply with any

conditions imposed under subsection (1.1) in respect of the consent. , and

(

c) in subsection (2) by striking out "subsection (1)" and substituting "subsection (1)

or (1.2)" .

Section 106 (1) is amended by striking out "to an extent that the objectives specified in

higher level plans for the area cannot be met" .

Section 109 (

a) is amended by striking out everything after "or the regulations" and substituting "or the Forest Act or the Range Act or the regulations under either Act."

Section 109 (

b) is repealed.

106 The following sections are added to Division 3 of

Part 6:

Definitions

116.1 In this Division:

"agreement holder" means a person who is the holder of an agreement under the

Forest Act or the Range Act ;

"contractor" , except for the purposes of sections 116.2 (3) and 118 (1) (b), means

a contractor as defined in

section 152 of the Forest Act ;

"contravention determination" means a determination in writing made under

section 116.2 (1);

"performance evaluation determination" means a determination in writing made

under

section 116.4 (1);

"subcontractor" means a subcontractor as defined in

section 152 of the Forest Act .

Contravention determinations

116.2

(1) For the purposes of this Division, a senior official

(

a) may determine in writing if a person named in the determination has

contravened this Act, the regulations or the standards, and

(

b) must specify in the determination each provision the senior official

determines the person to have contravened.

(2) If an employee or agent of a person contravenes a provision of this Act, the

regulations or the standards while in the employ of, or while acting as the agent

of the person, the person also contravenes that provision.

(3) If a person acting under a contract with another person contravenes a provision

of this Act, the regulations or the standards while so acting, that other person also

contravenes that provision.

(4) Without limiting subsection (3),

(

a) if a contractor contravenes a provision of this Act,

the regulations or the standards while acting as the contractor of an agreement

holder described in the definition of "contractor" in

section 152 of the Forest

Act , the agreement holder also contravenes that provision,

(

b) if a subcontractor contravenes a provision of this Act, the regulations or the

standards while acting as the subcontractor of a contractor, the contractor

also contravenes that provision, or

(

c) if a subcontractor contravenes a provision of this Act, the regulations or the

standards while acting as the subcontractor of the contractor of an

agreement holder described in the definition of "contractor" in

section 152

of the Forest Act, the agreement holder also contravenes that provision.

(5) If a corporation contravenes a provision of this Act, the regulations or the

standards, a director or officer of the corporation who authorized, permitted or

acquiesced in the contravention also contravenes that provision.

Penalty for contravention

116.3

(1) Subject to subsection (3), a senior official who makes a contravention determination against a person may levy a penalty against the person for the contravention, the amount to be determined under the regulations and this section.

(2) In determining the amount of a penalty to be levied under this section, the senior

official must take into account the following matters:

(

a) any costs to the government to remedy the contravention;

(

b) the pecuniary amount required to compensate the government for lost

values for timber or forage, as the case may be, having regard to the market

value of the timber and forage and the revenue that the government could

have obtained for

(

i) the timber, if the volume of timber had been sold

under

section 20 of the Forest Act , or

(ii) the forage, if the amount of forage had been granted by means of a

grazing permit under the Range Act ;

(

c) the effect of the contravention on the government's ability to adequately

manage and conserve timber, range, soil, water, wildlife, fisheries,

recreation, scenic diversity or other forest resources;

(

d) any economic benefit derived by the person from the contravention.

(3) The senior official may refrain from levying a penalty under this

section if he or

she considers that the nature and extent of the contravention is trifling and that it

is not in the public interest to impose the penalty.

Performance evaluation

116.4

(1) If the person who is the subject of a contravention determination is an agreement

holder, contractor or subcontractor, the senior official who made the contravention determination must make, in accordance with the regulations, a

performance evaluation determination that includes a finding of whether or not

the person exercised due diligence to prevent the contravention.

(2) The onus of proving due diligence is on the person who is the subject of the

performance evaluation determination for the purposes of that determination or a

review or appeal of that determination.

Section 117 is repealed and the following substituted:

Performance penalty – for lack of due diligence

(1) If a senior official makes a performance evaluation determination, in which determination the senior official finds that the person who is the subject of the determination did not exercise due diligence to prevent the contravention, the senior

official may levy a penalty for the contravention against the person, in addition to

any penalty under

section 116.3 against that person, up to the amount prescribed

for the purpose of this section.

(2) In determining the amount of a penalty to be levied under this

section the senior

official must take into account the following matters:

(

a) previous contraventions or convictions of a similar nature contained in the

person's performance record under

section 117.3 (1);

(

b) the gravity and magnitude of the contravention;

(

c) whether the contravention was repeated or continuous;

(

d) whether the contravention was deliberate;

(

e) the person's cooperativeness and efforts to correct the contravention.

Notice

117.1

(1) The senior official who makes a contravention determination against a person

must give written notice of determination to the person setting out all of the

following:

(

a) each provision the senior official determines the person to have contravened

and the nature of the contravention;

(

b) the senior official's reasons for the contravention determination;

(

c) the amount of the penalty, if any, levied under

section 116.3 for a contravention specified in the contravention determination;

(

d) the person's right under this Act to a review and appeal of the contravention

determination, including the title and address of the review official to whom

a request for review may be made.

(2) The senior official who makes a performance evaluation determination against a

person must give a notice of determination to the person setting out all of the

following:

(

a) the contravention determination to which the performance evaluation determination relates;

(

b) the senior official's reasons for the performance evaluation determination;

(

c) the amount of the penalty, if any, levied under

section 117 for a contravention specified in the contravention determination to which the

performance evaluation determination relates;

(

d) the person's right under this Act to a review and appeal of the performance

evaluation determination, including the title and address of the review

official to whom a request for review may be made.

(3) A senior official may combine, in a single notice, notices under subsections

(1) and (2) that relate to the same person and the same contravention determination.

Penalty revenue to be paid into special account

117.2 All revenue payable from penalties imposed under this Division must be paid into the

Environmental Remediation Sub-account of the Forest Stand Management Fund

special account established by the Special Accounts Appropriation and Control Act .

Performance record – agreement holders, contractors and subcontractors

117.3

(1) The government must keep, and make available to the public, a performance

record for every person who is an agreement holder, contractor or subcontractor

and who is

(

a) the subject of a performance evaluation determination that includes a

finding that the person did not exercise due diligence to prevent the contravention, or

(

b) convicted of an offence under this Act or the regulations.

(2) The government must record in a performance record kept under subsection (1)

(

a) each contravention, specified in the contravention determination, for which

there is a finding that the person did not exercise due diligence to prevent

the contravention, and

(

b) each conviction, if any, of the person for an offence under this Act or the

regulations.

(3) Five years after the date of any contravention or conviction recorded in a person's

performance record under this section, the contravention or conviction ceases to

form part of the performance record, and the government must delete from that

record any reference to the contravention or conviction.

(4) The government must keep each performance record under subsection (1) up to

date by amending it as necessary from time to time to take into account

(

a) any decision of a reviewer, on a review, or of the commission, on an appeal,

if the reviewer or the commission, as the case may be, confirms, varies or

rescinds

(

i) a contravention recorded in the performance record, or

(ii) a finding that the person who is the subject of the performance record

did or did not exercise due diligence to prevent a contravention,

(

b) any decision of a reviewer under

section 129 (5) (c), concerning a failure to

make a determination, or of the commission on an appeal of a decision made

by a reviewer under

section 129 (5) (c), if

(

i) the reviewer makes a decision that a person contravened this Act, the

regulations or the standards and did not exercise due diligence to

prevent the contravention, or

(ii) the commission confirms, varies or rescinds the decision of the

reviewer referred to in subparagraph (i), or

(

c) any judgment of a court that confirms, varies or rescinds

(

i) a decision of the commission referred to in paragraphs (

a) and (b), or

(ii) a conviction recorded in the performance record.

(5) In addition to the performance record under subsection (1), for each person who

is an agreement holder, contractor or subcontractor, the government, in

accordance with the regulations, must also keep and make available to the public

a record of

(

a) any performance evaluation determination that includes a finding of the

senior official that the person did exercise due diligence to prevent a contravention, and

(

b) matters required by regulation.

Section 118 is amended

(

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

(1) If a senior official makes a contravention determination against

(

a) an agreement holder including an agreement holder who is the holder of an

agreement with Forest Renewal BC,

(

b) a person acting under a contract with an agreement holder,

(

c) without limiting paragraph (b), the contractor of an agreement holder

described in the definition of "contractor" in

section 152 of the Forest Act ,

(

d) the subcontractor of a contractor described in paragraph (c), or

(

e) an employee or agent of any of them,

the senior official may order the agreement holder to remedy the contravention by

(

f) carrying out an action that is required under this Act, the regulations or the

standards and that the person has failed to carry out, or

(

g) repairing any damage caused by the contravention. ,

(

b) in subsection (2) (

d) by striking out "request for a review" and substituting "request

for review" ,

(

c) by repealing subsection (3) (

c) and substituting the following:

(

c) recover the sum of all direct and indirect costs the senior official determines

were incurred in carrying out the work referred to in subsection (

b) as a debt

due the government, payable on demand;

(

d) levy a penalty up to an amount that is twice the sum of all direct and indirect

costs the senior official determines were incurred in carrying out the work

referred to in paragraph (b);

(

e) for the purpose of recovering the debt referred to in paragraph (

c) and the

penalty referred to in paragraph (d), realize on any security the person was

required to provide under a regulation made under

section 201. ,

(

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

(

e) by repealing subsection (8) and substituting the following:

(8) The senior official must promptly refund to the person any surplus of funds

remaining from the realization of a security under subsection (3) (

e) after

payment of

(

a) the sum of all direct and indirect costs determined under subsection (3) (c),

and

(

b) any penalty levied under subsection (3) (d).

Section 119 is repealed.

Section 122 (1) and (2) is repealed and the following substituted:

(1) The minister may establish, vary or rescind policies and procedures respecting

contravention determinations, performance evaluation determinations, penalties

and remediation orders.

(2) Before a person makes a contravention determination or performance evaluation

determination, levies a penalty under

section 116.3 (1), 117 (1) or 118 (3) (d), or

makes an order under

section 118, the person must consider any applicable policy

or procedure established under this section.

Section 123 is amended by adding the following subsection:

(4) The official who issued an order under subsection (1) or a senior official may

rescind the order if the official or the senior official determines that there were

insufficient grounds for issuing the order.

112 The following

section is added to Division 4 of

Part 6:

Definitions

125.1 In this Division:

"ministries" means the Ministry of Forests, the Ministry of Environment, Lands and

Parks and the Ministry of Employment and Investment;

"review official" means

(

a) a person employed in any of the ministries who is designated by name or

title to be a review official by the deputy minister of that ministry, or

(

b) for a review requested under

section 128 (2), a person employed in the

Ministry of Forests who is designated by name or title to be a review official

by the deputy minister of the Ministry of Forests.

Section 126 (2) is amended by striking out "117 (1), 118 (4) or (5) or 119," and substituting "116.3 (1), 117 (1) or 118 (3) (d)," .

Section 127 is amended

(

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

(1) A person who is the subject of a determination under

section 82, 95 (2), 99 (2),

101 (2), 102 (3), 106 (1), 116.2 (1), 116.3 (1), 116.4 (1), 117, 118 or 120 may

request a review of the determination by delivering a request for review to the

review official named in the notice of determination.

(2) The person must ensure that the request for review complies with the content

requirements of the regulations. ,

(

b) in subsection (3) by striking out "the request" and substituting "the request for

review" , and

(

c) in subsection (5) by striking out "request for a review" and substituting "request for

review" .

Section 128 is amended

(

a) in subsection (1) (

a) and (

b) by striking out "or 117 to 120," and substituting

", 116.2 (1), 116.4 (1), 117, 118 or 120," ,

(

b) by repealing subsection (2) and substituting the following:

(2) To obtain a review of a failure to make a determination, the board must deliver a

request for review to the review official referred to in paragraph (

b) of the

definition of "review official" in

section 125.1, and to the person who would be

subject to the determination, not later than 6 months after the occurrence of the

event that would have been the subject of the determination. ,

(

c) in subsection (3) by striking out "written request for the review" and substituting

"request for review" ,

(

d) by adding the following subsection:

(3.1) The board must ensure that the request for review complies with the content

requirements of the regulations. , and

(

e) in subsection (5) by striking out "request for a review" and substituting "request for

review" .

116 Sections 129 to 131 are repealed and the following substituted:

Review

(1) A review official who receives a request for review must ensure that the review is

conducted by one or more persons who

(

a) are employed under the Public Service Act ,

and

(

b) have not made the determination under review, or are not the persons who

failed to make a determination, if the review is for that reason, or have not

participated in an investigation on which the determination was based.

(2) The reviewer may decide the matter, based on one or more of the following:

(

a) the request for review and the ministries' files;

(

b) the request for review, the ministries' files and any other communication

with persons the reviewer considers necessary to decide the matter,

including communicating with the person or board requesting the review

and with the person who made or failed to make the determination;

(

c) an oral hearing.

(3) After a request for review is delivered under

section 127 or 128,

(

a) the person who is the subject of the determination, or who would be the

subject of a determination, if made,

(

b) the board, if, under

section 128, the board requested a review, and

(

c) the government

must disclose the facts and law on which the person, board and government will

rely at the review, if required by the regulations and in accordance with the

regulations.

(4) If permitted by, and in accordance with, the regulations, the reviewer may refer

to the commission a question of law raised in a review, if there is agreement to

the referral by

(

a) the person who is the subject of the determination or would be the subject

of a determination, if made,

(

b) the board, if, under

section 128, the board requested the review, and

(

c) the government.

(5) The reviewer may make a decision

(

a) confirming, varying or rescinding the determination under review,

(

b) referring a determination or failure to make a determination back to the

person who made it or failed to make it with or without directions, or

(

c) making a determination, if the review concerns the failure to make a determination.

(6) The reviewer must give a written decision to the person who is the subject of the

determination or, for a review of a failure to make a determination, the person

who would be the subject of a determination, if made, and the board within

(

a) the prescribed period after the request for review was received by the review

official, or

(

b) another period agreed to by

(

i) the person who is the subject of the determination, or who would be

the subject of a determination, if made,

(ii) the board, if, under

section 128, the board requested a review, and

(iii) the government.

(7) Despite subsection (6) (a), if the reviewer determines that the request for review

does not comply with the content requirements of the regulations, or that there

was a failure to disclose facts and law required under subsection (3), the

prescribed period under subsection (6) (

a) does not begin until a request for

review is received that does comply with those requirements, or the facts and law

are disclosed as required under subsection (3).

Determinations that may be appealed

(1) Subject to subsection (3), a person who is the subject of a determination referred

to in

(

a) section 127, or

(b)

section 129 (5) (

c) may appeal the determination to the commission.

(2) Subject to subsection (3), the board may appeal to the commission

(

a) a determination referred to in

section 128 (1) (a),

(

b) a failure to make a determination referred to in

section 128 (1) (b),

(

c) if the regulations provide and in accordance with the regulations, a determination under Division 5 of

Part 3 with respect to approval of a forest

development plan, range use plan or amendments to either of those plans,

and

(

d) any determination for which a review decision has been given under

section

129 (6).

(3) No appeal may be made under subsection (1) or (2) unless the determination or

failure to make a determination has first been reviewed under

section 129.

(4) If a determination is varied by the reviewer, the appeal to the commission is from

the determination as varied.

(5) If, as a result of a review of a failure to make a determination, the reviewer makes

a determination, the appeal to the commission is from the determination made by

the reviewer.

Appeal

(1) To initiate an appeal under

section 130, the person referred to in

section 130 (1)

or the board, no later than 3 weeks after receiving the review decision under

section 129 (6), must deliver to the commission a notice of appeal and

(

a) in the case of a determination referred to in

section 130 (1) (

a) or 130 (2) (a),

(

c) or (d), enclose a copy of the determination, and

(

b) in the case of the determination referred to in

section 130 (1) (

b) or (2) (b),

enclose a copy of the reviewer's determination.

(2) If the appeal is from a determination as varied under

section 129, the person or

board bringing the appeal must include a copy of the review decision with the

notice of appeal given under subsection (1).

(3) The person or board bringing the appeal must ensure the notice of appeal given

under subsection (1) complies with the content requirements of the regulations.

(4) Before or after the time limit in subsection (1) expires, the chair or a member of

the commission may extend it.

(5) If the person or the board does not deliver the notice of appeal within the time

specified, the person or board loses the right to an appeal.

(6) On receipt of the notice of appeal, the commission must, in accordance with the

regulations, give a copy of the notice of appeal to the ministers and

(

a) to the board, if the notice was delivered

(

i) by the person who is the subject of the determination, or

(ii) for an appeal of a failure to make a determination, by the person who

would be the subject of a determination, if made,

(

b) to the person who is the subject of the determination, if the notice was

delivered by the board, or

(

c) for an appeal of a failure to make a determination, to the person who would

be the subject of a determination, if made, if the board delivered the notice.

(7) The government, the board, if it so requests, and the person who is the subject of

the determination or would be the subject of a determination, if made, are parties

to the appeal.

(8) At any stage of an appeal the commission or a member of it may direct that a

person who may be affected by the appeal be added as a party to the appeal.

(9) After a notice of appeal is delivered under subsection (1), the parties must

disclose the facts and law on which they will rely at the appeal, if required by the

regulations and in accordance with the regulations.

(10) The commission, after receiving a notice of appeal, must

(

a) promptly give the parties to an appeal a hearing, or

(

b) hold a hearing within the prescribed period, if any.

(11) Despite subsection (10), if the commission determines that the notice of appeal

does not comply with the content requirements of the regulations, or that there

was a failure to disclose facts or law under subsection (9) or (14), the commission

need not hold a hearing within the prescribed period referred to in

subsection (10), but must hold a hearing within the prescribed period after a

notice of appeal that does comply with the content requirements of the

regulations is delivered to the commission, or the facts and law are disclosed as

required under subsection (9) or (14).

(12) A party may

(

a) be represented by counsel,

(

b) present evidence, including but not limited to evidence that was not

presented in the review under

section 129,

(

c) if there is an oral hearing, ask questions, and

(

d) make submissions as to facts, law and jurisdiction.

(13) The commission may invite or permit a person to take

part in a hearing as an

intervenor.

(14) An intervenor may take

part in a hearing to the extent permitted by the

commission and must disclose the facts and law on which the intervenor will rely

at the appeal, if required by the regulations and in accordance with the regulations.

(15) A person who gives oral evidence may be questioned by the commission or the

parties to the appeal.

Referral of questions of law

131.1 A hearing regarding a question of law referred under

section 129 (4) must be

conducted in accordance with the regulations.

Section 138 is repealed and the following substituted:

Powers of commission

(1) On an appeal of a determination or of the confirmation, variance or rescission of

a determination, the commission may consider the findings of

(

a) the person who made the determination that is being appealed, or

(

b) the reviewer.

(2) On the appeal, the commission may

(

a) confirm, vary or rescind the determination appealed from, or

(

b) refer the matter with or without directions back to the person

(

i) who made the initial determination, or

(ii) in the case of a determination made under

section 129 (5) (c), the

reviewer who made the determination.

(3) On considering a question of law referred to the commission under

section

129 (4), the commission may decide the question of law and the decision is

binding

(

a) on the reviewer for the purposes of the review in question, and

(

b) on the commission for the purposes of an appeal concerning the determination or the failure to make a determination that was subject of the review

in question.

(4) The commission may order that a party or intervenor pay another party or

intervenor any or all of the actual costs in respect of the appeal.

(5) After filing in the court registry, an order under subsection (4) has the same effect

as an order of the court for the recovery of a debt in the amount stated in the order

against the person named in it, and all proceedings may be taken as if it were an

order of the court.

Section 139 is amended by adding the following subsection:

(3) The commission must make a decision within the prescribed period, if any.

Section 141 is repealed and the following substituted:

Appeal to court

(1) The minister or a party to the appeal, within 3 weeks after being served with the

decision of the commission, may appeal the decision of the commission to the

Supreme Court on a question of law or jurisdiction.

(2) On an appeal under subsection (1), a judge of the Supreme Court, on terms he or

she considers appropriate, may order that the decision or order of the commission

be stayed in whole or in part.

(3) An appeal from a decision of the Supreme Court lies to the Court of Appeal with

leave of a justice of the Court of Appeal.

Section 143 is amended

(

a) in subsection (1) by striking out "or 96 (1)," and substituting "or 96 (1) or (2)," ,

(

b) in subsection (2) by adding "78 (2)," after "76 (1)," ,

(

c) in subsection (3) by adding "154," after "112," ,

(

d) in subsection (3) by striking out "112 or 173" and substituting "112, 173, 248 (1) or

(2), 249 or 250 (1)" , and

(

e) in subsection (4) by adding "101 (1.2)," after "97," .

Section 151 is amended by adding "96 or" after "prosecution under section" .

Section 154 is amended by striking out "commits an offence who" and substituting

"contravenes the Act who" .

Section 157 (1) is amended by striking out everything after "agent or contractor" .

Section 174 is amended by adding the following subsection:

(3) Despite subsections (1) and (2), Forest Renewal BC may pay for

(

a) a silviculture treatment under

(

i) a silviculture prescription for a backlog area under

section 23 (2) (b),

(ii) a stand management prescription under

section 24 (2) (b), or

(iii)

section 71.1,

(

b) a rehabilitation treatment for a gully area or landslide area under

section

48.1,

(

c) road construction or modification under a special use permit under

section

62 (1) (

e) if the construction or modification is associated with silviculture

treatments referred to in paragraph (a),

(

d) road maintenance under

section 63 (7), or

(

e) road deactivation of roads referred to in paragraph (

c) or under

section

64 (1.1).

Section 194 (1) is repealed and the following substituted:

(1) The Forest Appeals Commission is continued.

(1.1) The commission is to hear appeals under

(

a) Division 4 of

Part 6, and

(

b) the Forest Act and Range Act and, in relation to appeals under those Acts,

the commission has the powers given to it by those Acts.

Section 208 (2) is amended

(

a) in paragraph (

c) by adding "and timing" after "the making" , and

(

b) by adding the following paragraph:

(

f) for the purposes of

section 41 (1) (

c) and (7) (c), the setting out of economic

objectives for British Columbia or an area within British Columbia, or the

identification of documents or other sources that the district manager or

designated environment official must look to in order to determine

economic objectives.

127 The following sections are added:

Phased approval of cutblocks for purposes of operational plan approval

212.1

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

approval of cutblocks or roads for the purpose of approving an operational plan

or amendment under

section 40 or 41.

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

regulations respecting

(

a) the requirements of this Act and the regulations that a cutblock or road must

meet to be identified as reaching a phase for the purpose of giving effect to

an operational plan or amendment under

section 40 or approving an

operational plan or amendment under

section 41,

(

b) the extent to which a requirement of this Act and the regulations, having

been met in order for a cutblock or road to reach a phase

(

i) must be, may be or must not be, reconsidered under

section 40 or 41,

and

(ii) need not be met for that cutblock or road in a subsequent plan, and

(

c) the extent to which a higher level plan, or a change to this Act or the regulations, affects an operational plan or amendment with respect to that portion

of the plan or amendment that is composed of a cutblock or road that has

reached a prescribed phase.

(3) A regulation made under this

section may provide that it applies despite a

provision of this Act or the regulations.

Woodlots

217.1

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

licences, woodlot licence areas and holders of woodlot licences.

(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 the woodlot licence

area;

(

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

woodlot licence before, during and after forest practices;

(

c) requiring site plans to be prepared by the holder of the woodlot licence and

approved by the district manager before forest practices are carried out on

the woodlot licence area;

(

d) requiring that authority to carry out a forest practice on the woodlot licence

area be obtained before the forest practice begins.

Section 218 (2) is repealed and the following substituted:

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

regulations as follows:

(

a) respecting fees and charges, including establishing fees and charges in cases

where there is a failure to comply with the requirements of

(

i) this Act, the regulations or the standards,

(ii) an operational plan under this Act or the regulations, or

(iii) a permit or licence issued under this Act or the regulations;

(

b) for the purpose of a contravention determination under

section 116.2, or a

performance evaluation determination under

section 116.4, prescribing

criteria that must be used in making the determination;

(

c) respecting penalties, including for the purpose of a determination of the

amount of a penalty levied under

section 116.3 or 117, prescribing amounts,

formulas or methods that may vary according to the nature or type of forest

resources affected by the contravention or according to the nature or type of

contravention;

(

d) respecting performance records, including specifying how and when

contraventions and convictions

(

i) are recorded in a performance record kept under

section 117.3 (1),

(ii) are amended under

section 117.3 (4), or

(iii) cease to form part of the performance record under

section 117.3 (3).

Section 220 (2) is amended

(

a) by repealing paragraphs (

b) and (

c) and substituting the following:

(

b) the practice, procedure and forms for reviews and appeals and for referrals

to the commission of questions of law;

(

c) the content of a request for review or a notice of appeal; , and

(

b) by adding the following paragraphs:

(c.1) the circumstances under which a review or appeal may be dismissed on the

basis that the request for review or notice of appeal does not meet the

content requirements of the regulations, or that there was a failure to

disclose facts and law as required by the regulations;

(f.1) the period in which the commission must hold a hearing after receiving a

notice of appeal;

(f.2) the period in which the commission must deliver a decision after holding a

hearing; .

130 Sections 224 (7) and 229 are repealed.

Section 230 is amended

(

a) in subsection (1) by striking out everything before paragraph (

a) and substituting the

following:

(1) Despite

section 18 or 19, if the district manager prepares a forest development

plan or amendment or approves a forest development plan or amendment

submitted by the holder of an agreement under the Forest Act on or before

December 15, 1995, the plan or amendment , and

(

b) in subsection (3) by striking out everything before paragraph (

a) and substituting the

following:

(3) Despite

section 18 or 19, during the 18 month period that begins on

December 15, 1995, if the district manager prepares or approves a forest

development plan or an amendment to a forest development plan or a designated

environmental official approves a portion of a forest development plan or

amendment under

section 41 (6) and (7), the plan or amendment must .

132 Sections 232 (4), 233 (3), 234 (3), 235 and 236 are repealed.

Section 239 is repealed.

Section 241 (1) is amended by adding "advertised or" after "cutting permits," .

Section 243 is repealed and the following Division is substituted:

Division 6 – Implementation Regulations

Implementation – regulations

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

or advisable for the purpose of more effectively bringing into operation this Act,

and amendments to this Act, and to remedy any difficulties encountered in doing

so.

(2) A regulation made under this

section may, for a period the Lieutenant Governor

in Council specifies in the regulation,

(

a) amend a provision of this Act or of an enactment that amends this Act, and

(

b) suspend the operation of a provision of this Act or of an enactment that

amends this Act,

if that provision would impede the effective operation of this Act.

(3) A regulation made under this

section may be made retroactive to a date not earlier

than June 15, 1995.

(4) This

section is repealed August 31, 1999 and on its repeal any regulations made

under it are also repealed.

136 The following Divisions are added to

Part 11:

Division 7 – Incorporation of Access Management Plans

into Forest Development Plans

Access management plans continued

(1) An access management plan that is in effect before January 5, 1998 remains in

effect until the earlier of

(

a) the date that road information in the access management plan is included in

a forest development plan in accordance with sections 18 (4.1) and (4.2) and

19 (1.2), and

(

b) June 15, 1999.

(2) The law respecting access management plans as it was immediately before

January 5, 1998 including, without limitation, the law respecting offences and

administrative remedies, continues to apply to an access management plan that is

in effect before January 5, 1998, subject to any procedural changes to the law.

Forest development plans

245 Subject to

section 230, if a forest development plan is in effect before January 5, 1998

(a) sections 18 (1) (b), (3) (

b) and (4) (

b) and 19 (1) as they were immediately

before January 1, 1998 apply to that plan until it expires, and

(b) sections 18 (4.1) and (4.2) and 19 (1.2) do not apply to that plan.

Division 8 – Logging Plans and Silviculture Prescriptions

Logging plans continued

(1) Subject to subsection (2), if a logging plan is approved or put into effect by the

district manager before the date this

section comes into force, the logging plan

remains in effect until the first to happen of the following:

(

a) the agreement under the Forest Act for which the plan was prepared expires

and is not replaced, or is cancelled, surrendered or otherwise terminated;

(

b) the district manager notifies the holder of the logging plan that the forest

practices required on the area under the plan have been completed to the

satisfaction of the district manager.

(2) The law respecting logging plans, as it was immediately before the date this

section comes into force, including, without limitation, the law respecting

offences and administrative remedies, continues to apply to a logging plan

referred to in subsection (1), subject to any procedural changes to the law.

(3) If, before the date this

section comes into force, the district manager approves or

puts into effect a silviculture prescription or an exemption from the requirement

for a silviculture prescription, for an area, and the law as it was immediately

before the date this

section comes into force, requires a logging plan for the area,

a logging plan continues to be a requirement for the area and the law as it was

immediately before the date this

section comes into force with respect to logging

plans, including, without limitation, the law respecting offences and administrative remedies, continues to apply to that area and to any logging plan approved

or put into effect for the area, subject to any procedural changes to the law.

Silviculture prescriptions continued

(1) Subject to subsection (2), if a silviculture prescription is approved or put into

effect by the district manager before the date this

section comes into force, the

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

on the area under the 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 the date this

section comes into force, continues to apply to a silviculture

prescription approved or given effect by the district manager before the date this

section comes into force and to an amendment to that silviculture prescription.

Division 9 – Riparian and Terrain Stability Requirements on and after

June 15, 1997

Compliance by operational plans

(1) Despite any provision of an operational plan approved or put into effect by the

district manager before June 15, 1997, on and after that date, a person must not

remove trees from, or modify trees in, an area under the plan that is in a riparian

reserve zone set out under

Part 10 of the Operational Planning Regulation unless

the removal or modification

(

a) before the coming into force of this

section was approved in the operational

plan for one or more of the following purposes:

(

i) recovery of trees that have been windthrown or that have been

damaged by fire, insects, disease or other causes;

(ii) sanitation treatments;

(iii) undertaking recreational facility management;

(iv) managing fisheries and wildlife values;

(

v) establishing a free growing stand in accordance with a silviculture

prescription, this Act and the regulations on an area harvested before

June 15, 1997;

(vi) silviculture treatments under a stand management prescription, or

(

b) is necessary for one or more of the following purposes:

(

i) removal of trees felled before June 15, 1997;

(ii) removal of trees for approved stream crossings;

(iii) removal of trees for the construction or modification of a road under