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Volume 48, No. 6

B.C. Reg. 101/2005

The British Columbia Gazette,

Part II

March 22, 2005

B.C. Reg. 101/2005, deposited March 18, 2005, pursuant to the FOREST AND RANGE PRACTICES ACT [Sections 71, 141 and 163]. Order in Council 267/2005, approved and ordered March 17, 2005.

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

(

a) the Administrative Remedies Regulation, B.C. Reg. 13/2004, is repealed, and

(

b) the attached Administrative Orders and Remedies Regulation is made.

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

ADMINISTRATIVE ORDERS AND REMEDIES REGULATION

Contents

Part 1 —

Interpretation

Interpretation

Prescribed category of persons

Part 2 — Administrative Orders and Procedures

Stop work orders not stayed

Rescinding stop work orders

Dealing with seized timber, seed, hay and botanical forest products

Intervention orders

Payment of expenses related to orders

Part 3 — Administrative Penalties

Division 1 — Penalties under the

Forest Act

Penalties — Forest Act

Penalties — Log Salvage Regulation for the Vancouver Log Salvage District

Penalties — Scaling Regulation

Penalties — Timber Marking and Transportation Regulation

Division 2 — Penalties under the

Forest and Range Practices Act

Penalties — Forest and Range Practices Act

Penalties — unauthorized forest or range activities

Penalties — Forest Planning and Practices Regulation

Penalties relating to alternative results and strategies

Penalties — Range Planning and Practices Regulation

Penalties — Woodlot Licence Planning and Practices Regulation

Penalties — Security for Forest Practice Liabilities Regulation

Division 3 — Penalties under the Forest Practices Code of British Columbia Act

Penalties — Forest Practices Code of British Columbia Act

Penalties — Forest Fire Prevention and Suppression Regulation

Division 4 — Penalties under the Forest and Range Practices Act

— Transitional

Penalties — Forest Practices Code of British Columbia Act , transitional

Penalties — unauthorized forest or range activities, transitional

Penalties — Bark Beetle Regulation, transitional

Penalties — Forest Road Regulation, transitional

Penalties — Operational and Site Planning Regulation, transitional

Penalties — Range Practices Regulation, transitional

Penalties — Security for Forest Practice Liabilities Regulation, transitional

Penalties — Timber Harvesting and Silviculture Practices Regulation, transitional

Penalties — Woodlot Licence Forest Management Regulation, transitional

Part 1 —

Interpretation

Interpretation

(1) Unless otherwise indicated, words and expressions not defined in this regulation have the meaning given to them in

section 1 of the Forest Planning and Practices Regulation.

(2) In the Act, except

section 109, and in this regulation, "contractor" does not include a person

(

a) to whom an obligation has been transferred under

section 29.1 of the Act, or

(

b) who is

(

i) authorized under

section 51 (2) of the Act to maintain a range development, and

(ii) not the holder of an agreement under the Range Act .

Prescribed category of persons

(1) For the purposes of sections 74 (1) (

b) and 77 (1) of the Act, the following are prescribed categories of persons:

(

a) persons to whom obligations have been transferred under

section 29.1 of the Act;

(

b) persons who

(

i) are authorized under

section 51 (2) of the Act to maintain range developments, and

(ii) are not the holders of agreements under the Range Act ;

(

c) persons who, after the expiry, surrender, suspension or cancellation of agreements under the Forest Act , remain liable under

section 79 of the Forest Act to perform obligations referred to in paragraph (

c) of that section.

(2) For the purpose of

section 107 (1) of the Act, the requirements that a person must meet in order to submit a written declaration under that

section are that

(

a) the person is one to whom an obligation has been transferred under

section 29.1 of the Act,

(

b) the person

(

i) is authorized under

section 51 (2) of the Act to maintain a range development, and

(ii) is not the holder of an agreement under the Range Act , or

(

c) the person is the timber sales manager.

Part 2 — Administrative Orders and Procedures

Stop work orders not stayed

Section 66 of the Act is a prescribed

section for the purposes of

section 78 (3) of the Act.

Rescinding stop work orders

(1) The circumstances in which, under

section 66 (6) of the Act, an official or the minister may rescind an order made against the holder of an agreement or another person under

section 66 (1) of the Act are that the order is no longer required or is no longer appropriate.

(2) Even if an order referred to in subsection (1) against the holder of an agreement is rescinded, the rescinded order is part of the holder's performance record for the purposes of

section 85 of the Act and is to be noted in that record, together with the particulars of the rescission.

Dealing with seized timber, seed, hay and botanical forest products

5 For the purpose of

section 67 (3) (

a) of the Act, before dealing with seized timber, seed, hay or botanical forest products referred to in that section, the minister must give an opportunity to be heard to the person from whom the timber, seed, hay or botanical forest products were seized.

Intervention orders

(1) For the purposes of

section 77 (1) and (2) and

section 77.1 of the Act, an order given by the minister to a person described under either

section must specify

(

a) the measures or actions that must be taken,

(

b) the date by which the measures or actions must be taken,

(

c) the grounds for requiring the measures or actions to be taken,

(

d) notice of the person's right under

(

i) section 80 of the Act to a review, or

(ii)

section 82 of the Act to an appeal,

(

e) an address to which a request for a review may be delivered, and

(

f) whether the holder may recover all or part of the amount reasonably incurred in taking the specified measures or actions.

(2) The minister may take action under

section 77 (1) of the Act if

an act or omission of the person who is the subject of the order will likely result in

(

a) a substantial non-conformance with the stocking requirements described in

section 44 (1) (

b) or 45 (2) of the Forest Planning and Practices Regulation,

(

b) a significant delay in meeting the stocking requirements by the dates described in

section 44 (1) (

b) or 45

(2) Forest Planning and Practices Regulation, or

(

c) a fundamental and adverse alteration of an ecosystem.

(3) Before taking an action under

section 77 (1) or 77.1 (1) of the Act in respect of a person, the minister must give the person an opportunity to be heard.

Payment of expenses related to orders

(1) The expenses of the holder of an agreement under the Forest Act in carrying out a measure other than timber harvesting, as required by order under

section 26 or 27 of the Forest and Range Practices Act , are to be paid by the government to the extent that the minister is satisfied that the expenses were reasonably incurred.

(2) The expenses of the holder of an agreement under the Forest Act, in carrying out a measure as required by order under

section 77.1 of the Forest and Range Practices Act , that are greater than the expenses the holder would have incurred if the order had not been made are to be paid by the government to the extent that the minister is satisfied that the expenses were reasonably incurred.

(3) The condition on which a person who has taken measures under

section 77 (1) or (2) of the Act may recover direct costs referred to in

section 77 (3) of the Act is that those costs were in fact reasonably incurred.

Part 3 — Administrative Penalties

Division 1 — Penalties under the

Forest Act

Penalties — Forest Act

8 The maximum amount that the minister may levy against a person under

section 71 (2) of the Forest and Range Practices Act is

(a) $500 000 for a contravention of

section 105.1 of the Forest Act ,

(b) $100 000 for a contravention of any of the following sections of the Forest Act : 84 (1), (3), (4) or (6); 86 (3.1) or (4); 89 (1) (a) (

i) or (ii) or (b) (

i) or (ii) or (2); 90 (1) or (2); 94 (1) or (4); 95 (1) or (7); 97 (1); 126 (2); 127; 136 (1); 163.1; 165.1,

(c) $50 000 for a contravention of any of the following sections of the Forest Act : 9 (2); 10.1 (1) or (2); 10.5; 97 (6),

(d) $20 000 for a contravention of

section 84 (2) of the Forest Act ,

(e) $10 000 for a contravention of any of the following sections of the Forest Act : 93.1; 96 (1); 124 (1); 125; 132 (2), and

(f) $5 000 for a contravention of

section 86 (1) or (2) of the Forest Act .

Penalties — Log Salvage Regulation for the Vancouver Log Salvage District

9 The maximum amount that the minister may levy against a person under

section 71 (2) of the Forest and Range Practices Act is $2 000 for a contravention of any of the following sections of the Log Salvage Regulation for the Vancouver Log Salvage District: 5 (1), (2), (3) (

a) or (b), (5) (

a) or (b), (6) (

a) or (b), (7) or (8); 7 (1) (

a) or (b), (3), (4) or (5); 8 (1); 9 (1) (

a) or (b), (2), (2.1), (2.2), (3), (4) or (5); 10 (1) (

a) or (b), (4) or (6); 11 (1), (2) or (3); 12 (1), (3), (4) (

a) or (

b) or (5); 13 (1) (

a) or (b), (2) (a), (

b) or (

c) or (3); 14 (

a) or (b); 15 (1) (a), (

b) or (c), (2) or (3) (

a) or (b); 16 (1), (2), (3) (

a) or (b), (4) (a), (b), (

c) or (d), (5) or (6); 17; 18 (1); 20 (2).

Penalties — Scaling Regulation

10 The maximum amount that the minister may levy against a person under

section 71 (2) of the Forest and Range Practices Act is

(a) $10 000 for a contravention of any of the following sections of the Scaling Regulation: 5 (1), (1.1), (3) or (5); 6 (a), (b), (c), (d), (e), (f), (g), (

h) or (k); 7; 8; 9 (1); 10,

(b) $5 000 for a contravention of

section 6 (

i) or (

j) of the Scaling Regulation, and

(c) $2 000 for a contravention of any of the following sections of the Scaling Regulation: 2; 4 (1) or (4).

Penalties — Timber Marking and Transportation Regulation

11 The maximum amount that the minister may levy against a person under

section 71 (2) of the Forest and Range Practices Act is $50 000 for a contravention of any of the following sections of the Timber Marking and Transportation Regulation: 2; 10 (1), (2), (3) or (4).

Division 2 — Penalties under the

Forest and Range Practices Act

Penalties — Forest and Range Practices Act

12 The maximum amount that the minister may levy against a person under

section 71 (2) of the Forest and Range Practices Act is

(a) $500 000 for a contravention of

section 112 (3) of that Act,

(b) $100 000 for a contravention of any of the following sections of that Act: 29 (1) or (3); 46 (1); 66 (1); 97 (2) (a), (

b) or (c); 119,

(c) $50 000 for a contravention of any of the following sections of that Act: 3 (1); 12 (1); 21 (1); 22 (2); 31; 38 (1); 45 (1) (

a) or (b); 50 (1); 51 (7); 54 (2) (

a) or (b); 57 (4); 77 (1) or (2) (

a) or (b); 77.1 (1) or (2),

(d) $20 000 for a contravention of any of the following sections of that Act: 22.1 (6); 23; 26 (3) (a); 26 (5) or (6); 27 (2); 27.3 (a); 32 (1) (

a) or (b); 46 (2) (a), (

b) or (

c) or (3); 47; 48; 51 (8); 58 (1) (

a) or (b); 61 (1); 63 (1) or (2) (e), (

f) or (g),

(e) $10 000 for a contravention of any of the following sections of that Act: 8 (1); 10 (1); 11; 15 (2); 18; 20 (2); 22.1 (1), (2) or (5); 22.2 (3) (b) (

i) or (ii); 26 (3) (

b) or (c); 27.2 (6); 38 (2), (3), (4) or (5); 41 (1); 43 (1) or (2); 44; 51 (1) (

a) or (b), (2) or (6); 53 (1) or (2); 54 (1); 57 (1) or (3); 171, and

(f) $5 000 for a contravention of any of the following sections of that Act: 22.1 (7); 22.3 (4); 27.3 (b); 45 (2) (

a) or (b); 58 (4); 70; 175 (1).

Penalties — unauthorized forest or range activities

(1) The maximum amount that the minister may levy against a person under

section 71 (2) of the Forest and Range Practices Act for a contravention of

section 50 (2) of that Act is an amount equal to the product of

(

a) the area, expressed in hectares, that contained the hay that was the subject of the contravention, and

(b) $1 000 per ha.

(2) The maximum amount that the minister may levy against a person under

section 71 (2) of the Forest and Range Practices Act for a contravention of

section 52 (1) or (3) of that Act is the greatest of the following amounts:

(

a) an amount equal to the product of

(

i) the volume, expressed in cubic metres, of the Crown timber that was the subject of the contravention, and

(ii) $200 per m 3 ;

(

b) an amount equal to the product of

(

i) the area, expressed in hectares, that contained the timber that was the subject of the contravention, and

(ii) $100 000 per ha;

(

c) an amount equal to the sum of

(

i) the stumpage and bonus bid that in the opinion of the minister would have been payable if the volume of timber that was the subject of the contravention had been sold under a BC timber sales agreement at the time of the contravention,

(ii) twice the market value of logs and special forest products that in the opinion of the minister were, or could have been, produced from the timber that was the subject of the contravention,

(iii) the costs that have been or will be incurred by the government in re-establishing a free growing stand on the area, and

(iv) the costs that were incurred by the government for silviculture treatments to the area that were rendered ineffective because of the contravention.

(3) For a contravention of

section 52 of the Forest and Range Practices Act , the minister, in a penalty levied under

section 71 (2) of that Act, may not include any amount for the value of the timber, if any, that is recoverable under

section 103 of the Forest Act .

Penalties — Forest Planning and Practices Regulation

14 The maximum amount that the minister may levy against a person under

section 71 (2) of the Forest and Range Practices Act is

(a) $100 000 for a contravention of any of the following sections of the Forest Planning and Practices Regulation: 35 (3); 36 (1) or (2); 37; 38; 44 (1) (

b) or (2); 45 (2); 46.1 (2); 46.2 (5); 54; 56 (1), (2) or (3); 57; 59; 60 (1) or (2); 61; 62 (2); 106.2 (1),

(b) $50 000 for a contravention of any of the following sections of the Forest Planning and Practices Regulation: 39 (1) or (2); 43 (4), (7) (

b) or (8); 44 (1) (

a) or (4); 45 (1); 46.1 (1); 46.2 (1); 50 (3); 51 (1), (2) or (3) (a), (

b) or (c); 52 (1) (

a) or (b); 58 (b); 63 (1) (

c) or (d); 72; 75 (a), (

b) or (c); 94 (6),

(c) $20 000 for a contravention of any of the following sections of the Forest Planning and Practices Regulation: 35 (6) (a), (

b) or (

c) or (7); 36 (4); 41; 42; 50 (1) or (2); 52 (2); 53; 55 (1) or (2); 58 (a); 64; 65 (2); 66 (1) or (2); 67; 68 (1); 69; 70 (1) or (2); 73; 74 (1), (2) or (3); 75 (d); 76; 77 (1) (

a) or (b); 78; 79 (1), (2), (6), (7) or (8); 79.1 (5) or (9); 82 (1) (a), (b), (

c) or (

d) or (4); 83,

(d) $10 000 for a contravention of any of the following sections of the Forest Planning and Practices Regulation: 12 (3); 14 (3) (a), (b), (c), (d), (e), (f), (g), (h), (i), (

j) or (k); 16 (1), (3) (a), (b), (

c) or (

d) or (4); 17; 18; 20 (1) or (4); 21 (1) (a), (b), (

c) or (d); 22 (1) (a); 22 (2) (a), (b), (

c) or (d); 29; 32.2; 34 (1); 40; 106.2 (3), and

(e) $5 000 for a contravention of the following sections of the Forest Planning and Practices Regulation: 34 (2); 77 (1) (c), (2) or (3); 79.1 (4); 80.1 (1); 84; 85 (1) (

a) or (b); 86 (2) (

a) or (b); 86 (3) (a), (b), (c), (

d) or (

e) or (4); 86.1 (3) (a); 87 (1), (2) or (3); 88 (1); 97.

Penalties relating to alternative results and strategies

15 If the minister makes a determination under

section 71 (2) of the Act that the holder of a forest stewardship plan that specifies intended results and strategies, included in the plan in accordance with any of sections 12.2 to 12.5 of the Forest Planning and Practices Regulation, has contravened

section 21 (1) of the Act in relation to those intended results or strategies, the maximum penalty for which the holder is liable is the maximum amount applicable to the provision from which the holder became exempt on receiving the minister's approval to the plan.

Penalties — Range Planning and Practices Regulation

16 The maximum amount that the minister may levy against a person under

section 71 (2) of the Forest and Range Practices Act is

(a) $100 000 for a contravention of any of the following sections of the Range Planning and Practices Regulation: 32 (1) (

a) or (b); 33 (1) or (2); 34 (1) or (3) (

a) or (b); 35 (

a) or (b); 44 (1) (

a) or (b),

(b) $50 000 for a contravention of any of the following sections of the Range Planning and Practices Regulation: 30; 31; 36 (1); 37 (1),

(c) $20 000 for a contravention of

section 38 (1) of the Range Planning and Practices Regulation,

(d) $10 000 for a contravention of any of the following sections of the Range Planning and Practices Regulation: 3 (3); 14 (1) (

b) or (3) (

a) or (b); 15; 16; 17 (2); 18 (1) (a) (

i) or (ii) or (

b) or (2) (

a) or (b) (

i) or (ii); 20; 22 (1) or (3); 26 (5); 28 (1) or (2); 29 (1) (a), (

b) or (

c) or (2), and

(e) $5 000 for a contravention of any of the following sections of the Range Planning and Practices Regulation: 40 (1); 41 (1); 42 (2) (

a) or (b).

Penalties — Woodlot Licence Planning and Practices Regulation

17 The maximum amount that the minister may levy against a person under

section 71 (2) of the Forest and Range Practices Act is

(a) $100 000 for a contravention of any of the following sections of the Woodlot Licence Planning and Practices Regulation: 4 (1) or (2); 25; 26; 27; 34 (1) or (3); 35 (2) (b); 35.1 (5); 41; 44 (1), (2) or (3); 45; 47; 48 (1) or (2); 49; 50 (1) or (2); 57; 57.1 (2); 58, 58.1 (2),

(b) $50 000 for a contravention of any of the following sections of the Woodlot Licence Planning and Practices Regulation: 28 (1) or (2); 32 (4) or (7) (b); 35 (2) (a); 39 (1), (2), (2.1) or (3) (a), (

b) or (c); 40 (3), (4) or (5); 46 (b); 51 (1) (

c) or (d); 64 (a), (

b) or (c),

(c) $20 000 for a contravention of any of the following sections of the Woodlot Licence Planning and Practices Regulation: 30; 31; 40 (1) or (2); 42; 43 (1) or (2); 46 (a); 52 (1) or (2); 53 (1) or (2); 54 (1); 55; 56 (1) (

a) or (

b) or (2); 59; 59.1 (2); 60; 61; 62; 63 (1), (2) or (3); 64 (d); 65; 66 (1) (

a) or (b); 67; 68 (1), (4), (5), (6) or (7); 71 (1) (a), (b), (

c) or (d); 72,

(d) $10 000 for a contravention of any of the following sections of the Woodlot Licence Planning and Practices Regulation: 5 (5) (

a) or (

b) or (c) (

i) or (ii); 6 (2) (

a) or (b); 7; 8 (1) or (3); 9 (3); 11; 12; 14; 15; 17 (1), (3), (3.1), (4) or (5) (a), (b), (

c) or (d); 23 (1) or (2) (

a) or (b); 29; 35.1 (1), and

(e) $5 000 for a contravention of any of the following sections of the Woodlot Licence Planning and Practices Regulation: 32 (8); 33 (2), (3) or (4); 66 (1) (c), (2) or (3); 73; 74 (1) (

a) or (b); 75 (1) (

a) or (b), (3), (5) or (7); 76 (2) or (3) (a), (a.1), (

b) or (c); 84 (3).

Penalties — Security for Forest and Range Practice Liabilities Regulation

18 The maximum amount that the minister may levy against a person under

section 71 (2) of the Forest and Range Practices Act for a contravention of

section 1 (4) of the Security for Forest and Range Practice Liabilities Regulation is twice the amount of the security that was required under that

section but not provided.

Division 3 — Penalties under the

Forest Practices Code of British Columbia Act

Penalties — Forest Practices Code of British Columbia Act

(1) The maximum amount that the minister may levy against a person under

section 71 (2) of the Forest and Range Practices Act is

(a) $20 000 for a contravention of any of the following sections of the Forest Practices Code of British Columbia Act : 79 (1) (a); 82, and

(b) $5 000 for a contravention of any of the following sections of the Forest Practices Code of British Columbia Act : 76 (1); 79 (1) (b); 84 (2) or (4); 85 (2); 86; 87 (1) or (2); 88 (2); 92 (1) (a); 94 (2).

(2) The maximum amount that the minister may levy against a person under

section 71 (2) of the Forest and Range Practices Act for a contravention of

section 80 (1), (2), (3) or (4) of the Forest Practices Code of British Columbia Act is an amount equal to the product of

(

a) the area, expressed in hectares, to which the requirement under

section 80 (1), (2), (3) or (4) of the latter Act pertained, and

(b) $1 000 per ha.

Penalties — Forest Fire Prevention and Suppression Regulation

20 The maximum amount that the minister may levy against a person under

section 71 (2) of the Forest and Range Practices Act is

(a) $100 000 for a contravention of

section 24 (

b) of the Forest Fire Prevention and Suppression Regulation,

(b) $20 000 for a contravention of any of the following sections of the Forest Fire Prevention and Suppression Regulation: 24 (a); 34 (1); 36 (2),

(c) $10 000 for a contravention of any of the following sections of the Forest Fire Prevention and Suppression Regulation: 16; 20 (1); 26 (1) (

a) or (b), (2) or (3); 27; 34 (2); 35 (1) or (2); 36 (1) or (3), and

(d) $5 000 for a contravention of any of the following sections of the Forest Fire Prevention and Suppression Regulation: 4 (1) (a), (b), (

c) or (3); 5 (1) or (2); 6; 7; 8; 9 (1) or (2) (

a) or (b); 9.1; 10 (2), (4) or (5); 11 (1); 12 (1), (2) or (3); 13 (1), (2) or (3); 14 (1) or (2); 15; 17; 18 (1) or (2); 19; 20 (2) or (4); 28; 29 (1); 30 (2) or (3); 31; 34 (3).

Division 4 — Penalties under the

Forest and Range Practices Act

— Transitional

Penalties — Forest Practices Code of British Columbia Act , transitional

21 The maximum amount that the minister may levy under

section 71 (2) of the Forest and Range Practices Act against a person described in

Part 11 of that Act is

(a) $100 000 for a contravention of any of the following sections of the Code: 45 (1); 47 (1) or (3.1); 69.1 (3); 70 (3); 154 (a), (

b) or (c),

(b) $50 000 for a contravention of any of the following sections of the Code: 41 (6); 45 (3); 46 (1), (1.1), (3) or (4); 47 (5) or (6.1); 48 (1); 50 (3); 58 (2); 62 (1); 63 (1), (2) or (3); 64 (1) or (2); 67 (1); 69.1 (4) (a), (b), (c), (

d) or (e); 70 (4) (a), (b), (c), (d), (e), (

f) or (g); 248 (1) or (2); 249; 250 (1),

(c) $20 000 for a contravention of any of the following sections of the Code: 45 (4) or (5); 50 (1); 51 (2) (

a) or (b); 64 (3); 69; 106 (1),

(d) $10 000 for a contravention of any of the following sections of the Code: 27 (1); 35 (1) (a); 36 (2) (b); 52 (2); 54 (1), (2), (3.3) (b), (5.1) or (6); 55 (3) (a); 60 (1) (

b) or (3) (b); 64 (5); 67 (2) (c); 68 (1); 70 (6); 74 (1); 74 (2) (a), (

b) or (c); 97 (1) or (2); 98; 99 (1); 101 (1) (

a) or (b), (1.2) or (2), and

(e) $5 000 for a contravention of any of the following sections of the Code: 17 (1); 21.1 (3), (5) or (6); 27 (7); 35 (1) (

b) or (2); 36 (2) (

a) or (4); 42.1 (4); 50 (2); 54 (3.3) (a); 55 (3) (b); 56 (1) or (2); 60 (1) (

a) or (3) (a); 64 (10); 65; 69.1 (

f) or (g); 70 (4) (

h) or (i); 74 (4); 99 (2); 225 (1); 252 (1) (a).

Penalties — unauthorized forest or range activities, transitional

(1) The maximum amount that the minister may levy against a person under

section 71 (2) of the Forest and Range Practices Act for a contravention of

section 100 of the Code is an amount equal to the product of

(

a) the area, expressed in hectares, that contained the hay that was the subject of the contravention, and

(b) $1 000 per ha.

(2) The maximum amount that the minister may levy against a person under

section 71 (2) of the Forest and Range Practices Act for a contravention of

section 96 (1) or (3) of the Code is the greatest of the following amounts:

(

a) an amount equal to the product of

(

i) the volume, expressed in cubic metres, of the Crown timber that was the subject of the contravention, and

(ii) $200 per m 3 ;

(

b) an amount equal to the product of

(

i) the area, expressed in hectares, that contained the timber that was the subject of the contravention, and

(ii) $100 000 per ha;

(

c) an amount equal to the sum of

(

i) the stumpage and bonus bid that in the opinion of the minister would have been payable if the volume of timber that was the subject of the contravention had been sold under a BC timber sales agreement at the time of the contravention,

(ii) twice the market value of logs and special forest products that in the opinion of the minister were, or could have been, produced from the timber that was the subject of the contravention,

(iii) the costs that will be or have been incurred by the government in re-establishing a free growing stand on the area, and

(iv) the costs that were incurred by the government for silviculture treatments to the area that were rendered ineffective because of the contravention.

(3) For a contravention of

section 96 of the Code, the minister, in a penalty levied under

section 71 (2) of the Forest and Range Practices Act , may not include any amount for the value of the timber, if any, that is recoverable under

section 103 of the Forest Act .

Penalties — Bark Beetle Regulation, transitional

23 The maximum amount that the minister may levy under

section 71 (2) of the Forest and Range Practices Act against a person described in

Part 11 of that Act is

(a) $100 000 for a contravention of any of the following sections of the Bark Beetle Regulation: 5 (1) or (3); 7 (2),

(b) $50 000 for a contravention of any of the following sections of the Bark Beetle Regulation: 4.1; 5 (4) (b),

(c) $20 000 for a contravention of any of the following sections of the Bark Beetle Regulation: 4 (5); 7 (3) or (4),

(d) $10 000 for a contravention of

section 6 (2) of the Bark Beetle Regulation, and

(e) $5 000 for a contravention of any of the following sections of the Bark Beetle Regulation: 5 (4) (a); 7 (6), (7) or (8).

Penalties — Forest Road Regulation, transitional

24 The maximum amount that the minister may levy under

section 71 (2) of the Forest and Range Practices Act against a person described in

Part 11 of that Act is

(a) $100 000 for a contravention of any of the following sections of the Forest Road Regulation: 8 (1) (

e) or (o) (iii); 13 (2) or (3); 15 (1) (f),

(b) $50 000 for a contravention of any of the following sections of the Forest Road Regulation: 4 (3); 8 (1) (o) (ii); 9 (1) (h) (

i) or (ii); 10.1; 12 (1); 14; 15 (1) (g),

(c) $20 000 for a contravention of any of the following sections of the Forest Road Regulation: 4 (1) (

b) or (2); 4.1; 7.1; 8 (1) (a), (b), (c), (d), (f), (g), (h), (j), (k), (

l) or (

m) or (2) (a); 8.1; 9 (1) (a), (b), (c), (d), (e), (

f) or (g); 12 (2); 13 (1); 13.1 (1), (3) or (4); 15 (1) (a), (b), (c), (d), (

e) or (h); 15 (1.1) (

a) or (b); 17,

(d) $10 000 for a contravention of any of the following sections of the Forest Road Regulation: 4 (1) (a); 8 (2) (b); 10 (

a) or (b); 11 (1) (

a) or (

b) or (2), and

(e) $5 000 for a contravention of any of the following sections of the Forest Road Regulation: 2.1 (1) (a); 8 (1) (i), (

n) or (o) (i); 8 (3); 9 (1) (i), (

j) or (k), (2) or (3); 11 (3); 15 (2) or (3); 16; 19; 20.

Penalties — Operational and Site Planning Regulation, transitional

25 The maximum amount that the minister may levy under

section 71 (2) of the Forest and Range Practices Act against a person described in

Part 11 of the Forest and Range Practices Act is $10 000 for a contravention of any of the following sections of the Operational and Site Planning Regulation: 36.1; 36.2 (1), (2) or (3).

Penalties — Range Practices Regulation, transitional

26 The maximum amount that the minister may levy under

section 71 (2) of the Forest and Range Practices Act against a person described in

Part 11 of the Forest and Range Practices Act is

(a) $100 000 for a contravention of

section 7 (1) of the Range Practices Regulation,

(b) $50 000 for a contravention of any of the following sections of the Range Practices Regulation: 3 (a), (b), (

c) or (d); 5.2 (1); 7 (3),

(c) $20 000 for a contravention of

section 6 (1) or (3) of the Range Practices Regulation, and

(d) $5 000 for a contravention of any of the following sections of the Range Practices Regulation: 4 (1) (

a) or (b); 5 (1); 5.5 (1) or (2); 5.6; 7 (4); 7.1; 8 (2), (3) or (4).

Penalties — Security for Forest Practice Liabilities

Regulation, transitional

27 The maximum amount that the minister may levy under

section 71 (2) of the Forest and Range Practices Act against a person described in

Part 11 of the Forest and Range Practices Act for a contravention of

section 1 (4) of the Security for Forest Practice Liabilities Regulation is twice the amount of security that was required under that

section but not provided.

Penalties — Timber Harvesting and Silviculture Practices

Regulation, transitional

28 The maximum amount that the minister may levy under

section 71 (2) of the Forest and Range Practices Act against a person described in

Part 11 of the Forest and Range Practices Act is

(a) $100 000 for a contravention of any of the following sections of the Timber Harvesting and Silviculture Practices Regulation: 3 (1); 4 (6); 43 (2) (b) (iii),

(b) $50 000 for a contravention of any of the following sections of the Timber Harvesting and Silviculture Practices Regulation: 4 (2), (3), (4) or (5); 5 (2) or (3); 8 (1); 9 (1) or (2); 10; 12 (1) or (2); 13; 14 (1) or (2); 18; 19; 20; 21 (a); 23 (1); 26 (2), (3) or (4); 27 (

a) or (d); 28 (1) or (2); 32; 33; 39 (f); 43 (2) (

a) or (b) (

i) or (ii),

(c) $20 000 for a contravention of any of the following sections of the Timber Harvesting and Silviculture Practices Regulation: 6 (1); 8 (3); 11 (1) or (3); 14 (3) or (4); 15 (1) or (2); 16 (1) or (2); 20.1 (2); 21 (b); 22 (1) or (2); 23 (2) or (3); 23.1 (4); 23.2 (1) or (3); 24 (1), (2) or (4); 27 (b), (c), (

e) or (f); 29; 39 (a), (

b) or (c); 43 (1); 44 (1) or (3),

(d) $10 000 for a contravention of any of the following sections of the Timber Harvesting and Silviculture Practices Regulation: 39 (e); 40 (1) or (2); 41; 42 (1), and

(e) $5 000 for a contravention of any of the following sections of the Timber Harvesting and Silviculture Practices Regulation: 7 (1) or (3); 30 (4); 39 (d); 45 (

c) or (d); 46 (a), (a.1), (b), (

c) or (d); 47 (2); 48 (1); 58 (2) or (4).

Penalties — Woodlot Licence Forest Management

Regulation, transitional

29 The maximum amount that the minister may levy under

section 71 (2) of the Forest and Range Practices Act against a person described in

Part 11 of the Forest and Range Practices Act is

(a) $100 000 for a contravention of any of the following sections of the Woodlot Licence Forest Management Regulation: 36 (c); 38 (3); 48 (1) (

e) or (o) (iii); 53 (2); 55 (1) (f); 76 (1); 86 (2) (b) (iii),

(b) $50 000 for a contravention of any of the following sections of the Woodlot Licence Forest Management Regulation: 30; 32 (

a) or (b); 35; 37 (2) or (3) (b); 38 (4) (b); 44 (3); 48 (1) (o) (ii); 49 (1) (h) (

i) or (ii); 52 (1); 54; 55 (1) (g); 60 (2), (3), (4), (5) or (6); 61 (2), (3), (4) or (5); 62 (2) (a), (3) or (5); 62.1 (1); 62.2 (1) (c); 63 (1); 65; 66 (b) (i); 68 (

b) or (c); 69; 70; 71; 77 (1) or (4); 78; 79 (1); 81 (3) or (4); 82 (2) (a), (b), (c), (

d) or (g); 84 (2); 86 (2) (

a) or (b) (

i) or (ii),

(c) $20 000 for a contravention of any of the following sections of the Woodlot Licence Forest Management Regulation: 33; 34 (1) or (2); 44 (1) (

b) or (2); 44.1; 47.1; 48 (1) (a), (b), (c), (d), (f), (g), (h), (j), (k), (

l) or (m); 48 (2) (a); 49 (1) (a), (b), (c), (d), (e), (

f) or (g); 52 (2); 53 (1), (4), (6) or (7); 55 (1) (a), (b), (c), (d), (

e) or (

h) or (1.1); 57; 62 (2) (b), (c), (

d) or (

e) or (6); 62.1 (2) (a), (b), (c), (

d) or (e); 62.2 (1) (

a) or (b); 63 (2); 66 (b) (ii); 68 (d); 72 (

a) or (b); 73 (1) or (2); 84 (1) (

a) or (b); 86 (1),

(d) $10 000 for a contravention of any of the following sections of the Woodlot Licence Forest Management Regulation: 36 (

a) or (b); 44 (1) (a); 48 (2) (b); 50 (

a) or (b); 51 (1) (

a) or (

b) or (2); 80 (1); 82 (2) (f); 84 (1) (d), and

(e) $5 000 for a contravention of any of the following sections of the Woodlot Licence Forest Management Regulation: 18 (1); 19 (2); 22.02 (1); 24 (1) or (2); 24.2 (6); 48 (1) (i), (

n) or (o) (i); 48 (3); 49 (1) (

j) or (k), (2) or (3); 51 (3); 55 (2) or (3); 56; 58 (1) or (2); 82 (2) (e); 84 (1) (c); 88 (1) (

a) or (b), (2), (3), (4) or (5) (a), (b), (

c) or (d); 88.1 (1) (

a) or (b); 89.

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