British Columbia Order in Council — Order under Forest Statutes Amendment, 1999 Effective March 1, 2000: a) section 15 of the Act into force, b) the Forest Road Regulation, BC Reg (O.C. 196/2000)

O.C. 196/2000

British Columbia — Orders in Council

Minister of PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council Numbei. 196 , Approved and Ordere FEB 17 2000 Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective March 1, 2000, (

a) section 15 of the Forests Statutes Amendment Act, 1999, S.B.C. 1999, c. 34, is brought into force, (

b) the Forest Road Regulation, B.C. Reg. 106/98, is amended as set out in the attached

schedule 1, and (

c) the Administrative Remedies Regulation, B.C. Reg. 182/98, is amended as set out in the attached

schedule 2. Presiding Member of the Executive Council (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section: Forests Statutes Amendment Act, 1999, S.B.C. 1999, c. 34, s. 39 and Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, ss 198, 213 and 218 Other (specify): Ws 425/98 and 706/98 Page 1 of 12 211100113

SCHEDULE 1 1 The heading of

Part 1 of the Forest Road Regulation, B.C. Reg. 106/98, is repealed and the following is substituted:

PART 1 —

DEFINITIONS AND APPLICATION 2

Section 1 (1) is amended (

a) in the definition of "endhaul" by adding ", unless the modification consists of replacing or adding a stream culvert or a bridge, or providing structural repairs to a bridge or major culvert" at the end, (

b) by repealing the definition of "modification", and (

c) by repealing the definition of "overianding" and substituting the following: "overlanding" means placing road construction fill over unstripped organic soil, stumps or other -!egetative materials for the purpose of distributing vertical loads over soft ground, whether or not the fill is supported by corduroy or geotextiles; 3 The following

section is added in

Part 1:

Section 54 of Act does not apply to range use 2.1

(1) In

section 54 (1) (

a) of the Act, "timber harvesting" does not include operations authorized by a licence or permit under the Range Act.

(2) In

section 54 (2) of the Act, "developing natural resources other than timber" does not include operations authorized by a licence or permit under the Range Act. 4 The following sections are added in

Part 2: Exemptions from Act requirement for road permit and road use permit 2.2 (1 ) A person using a road on Crown land for a minor salvage operation is exempt from

section 54 (1) of the Act, if (

a) the road has not been deactivated, (

b) the road is not modified to allow the use, and (

c) the road is used for a period of less than 60 days.

(2) Despite subsection (1), a person is not exempt under that subsection, if the district manager notifies the person that the district manager has reasonable grounds to believe that the use of the road will (

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

b) adversely impact forest resources.

(3) A person who is exempt under subsection (1) must, with respect to their use of the road, Page 2 of 12

(

a) notify any holders of road permits and road use permits for the road of the start date of road use at least 48 hours before the start of the road use, (

b) if the road is not subject to a road permit, road use permit, special use permit, cutting permit, or timber sale licence without a cutting permit, maintain the road as if they were using the road under the authority of a road permit, until they stop using the road for the minor salvage operation, and (

c) if the road is subject to a road permit, road use permit, special use permit, cutting permit, or timber sale licence without a cutting permit, (

i) contribute a reasonable amount for the routine maintenance of the road, and (ii) pay for, or repair, damage to the road caused by their use. Exemption from district manager approval of road layout and design for construction 2.3 A person referred to in

section 60 (1) of the Act who prepares a road layout and design is exempt from the requirement in that

section to obtain the district manager's approval of the road layout and design, if all the following requirements are met: (

a) the road is wholly contained in a cutblock, and is authorized in a road permit, a cutting permit or a timber sale licence that does not provide for a cutting permit; (

b) the road is located in a community watershed, and (

i) a soil erosion field assessment carried out in accordance with

section 5 does not indicate a high or very high surface soil erosion hazard, or (ii) soil erosion potential mapping carried out under

section 12 of the Operational Planning Regulation indicates that the area does not have a high or very high soil erosion potential; (

c) the road will not be in areas with a moderate or high likelihood of landslides as determined by a terrain stability field assessment under

section 4 of this regulation; (

d) the district manager does not give notice to the person before the commencement of the construction, requiring the road layout and design to be submitted for approval. Exemption from district manager approval of road layout and design for modification 2.4

(1) A person referred to in

section 60 (1) of the Act who prepares a road layout and design is exempt from the requirement in that subsection to obtain the district manager's approval of the road layout and design, if the road layout and design is for a stream culvert that is not a major culvert, and either of the following applies: (

a) the modification is not carried out in a community watershed, a fish stream or a direct tributary to a fish stream; (

b) the modification is carried out in a community watershed, a fish stream or a direct tributary to a fish stream, and (

i) the modification is of an emergency nature, (ii) timing windows and measures described in

section 13 (1) (h) (

i) are in place, or Page 3 of 12

(iii) if no timing windows or measures are in place, the person (

A) in accordance with subsection (2), notifies a designated environment official of the proposed work, including the location of the work, the date the work is estimated to start and the potential impact on forest resources, and (

B) complies with subsection (4).

(2) A person notifying a designated environment official of the timing of the work under subsection (1) (b) (iii) must ensure that the notification is made as soon as practicable , and the timing is realistic bearing in mind all the circumstances.

(3) On receipt of a notice referred to in subsection (2), the designated environment official may give site specific direction setting out measures for the work, and the period of time during which the work may be done, to the person who gave the notice.

(4) The person giving the notice to the designated environment official under subsection (1) (b) (iii) must comply with the designated environment official's direction referred to in subsection (3), if the direction is given before the date the work is estimated, in the notice, to start. (5) Subsection (1) does not apply if, before the commencement of a modification, the district manager gives notice to the person referred to in

section 60 (1) of the Act that a road layout and design for the modification must be submitted for approval. 5

Section 4 is amended (

a) in subsections (5), (7) and (8) by adding "Subject to subsection (8.1)" at the beginning, and (

b) by adding the following subsection: (8.1) Subsections (5) (

a) to (d), (7) and (8) do not apply to a road modification, in relation to the repair of, or physical change to, an existing road, if the modification consists of replacing or adding a stream culvert or a bridge, or providing structural repairs to a bridge or major culvert, unless the person required to prepare the road layout and design knows, or could reasonably be expected to know, that the proposed work may contribute to slope instability, in which case subsections (5) (

a) to (

d) apply, but subsections (7) and (8) do not. 6

Section 6 is amended (

a) by repealing subsections (1) (

c) and (d) (ii), and by adding the following: (

n) with respect to a measure proposed under section (8) (1) (

g) for an area with a moderate or high likelihood of landslides as determined by a terrain stability field assessment under

section 4, either (

i) a statement made by a qualified registered professional, that the measure is the least likely measure to result in a landslide, or (ii) an analysis made by a qualified registered professional, of the likelihood of a landslide, the nature of any remedial actions and the potential consequences of a landslide. Page 4 of 12

(

b) by repealing subsection (3), and (

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

(4) A professional forester, on behalf of the person referred to in subsection (1), must sign and seal a statement (

a) that the assessments under sections 4 (6) to (8) and 5 have been carried out, and (

b) that the road layout and design is consistent with the results and recommendations of those assessments. 7

Section 7 is repealed. 8

Section 8 is amended (

a) by repealing subsections (4) and (5) and substituting the following:

(4) A qualified registered professional must sign and seal a statement that the terrain stability field assessment referred to in subsection (1) (

g) was carried out and that the proposed measures to maintain slope stability referred to in subsection (1) (

g) are included in the geometric road design.

(5) The measures referred to in subsection (3) must state whether or not the resulting road construction or modification work requires a written statement from a qualified registered professional under

section 12 (1) (

c) based on the complexity of the proposed work, or because the extent and nature of the work actually carried out leading up to completion, is not readily discernible after completion., and (

b) in subsection (6) by striking out "section 11 (2) (c)" and substituting "section 11 (2) (

c) or (4.1) (c)". 9

Section 9 (1) is amended by striking out "use site data collected under

section 7 when determining the drainage design specifications for a road layout and design. and must". 10

Section 10 (1) is repealed and the following substituted:

(1) A person required to prepare a road layout and design must ensure that a professional engineer has taken design responsibility for the following: (

a) cattle guard fabrication, and the construction or modification of (

i) retaining walls greater than 1.5 m high, and (ii) other specialized structures the design of which falls within the practice of professional engineering as defined in the Engineers and Geoscientists Act; (

b) bridges, unless (

i) the bridge is single span, between 6 m and 12 In centre to centre of bearings, and a professional engineer or professional forester has determined that all of the following apply: Page 5 of 12

(

A) a professional forester has taken, is taking, or will take design responsibility; (

B) the bridge is located outside the wetted perimeter at design high water; (

C) the channel is historically stable with erosion resistant banks; (

D) the bridge superstructure will be non-composite; (

E) the bridge substructure (

I) bears on the original ground, an excavation below original ground or a shallow ballast layer that assures full bearing of the substructure unit, and (II) consists of cribs up to and including 4 m high, or consists of sills or pads up to and including 1.5 m high; (

F) the person preparing the design is preparing it based on standard drawings, tables, charts and other tools that (

I) are prepared by a professional engineer, (II) individually and together reproduce the specific structure to be used at the site, including member size and connections, and (III) are referenced in the road layout and design, or (ii) the bridge is less than 6 m in span centre to centre of bearings, and the requirements in subparagraph (i) (

B) to (

F) apply; (

c) major culverts. 1.1) A professional engineer must provide a structural analysis of portable bridge superstructures that are being reused at a new site, unless (

a) the bridge superstructure was originally designed by a professional engineer, (

b) the bridge superstructure will be reused at the new site to carry the original design loads or lighter loads, and (

c) a qualified inspector carries out an inspection of the bridge at the new site before the first use of the bridge and is unable to detect any damage or deterioration in the bridge. 11

Section 11 is amended (

a) by adding the following subsection:

(4.1) Despite subsection (1) (c), a person may invert stumps so that the root mats of the stumps support the fill material and may place corduroy or puncheon within the subgrade width to assist in supporting the required vehicle loads, if (

a) the area is not assessed as having a moderate or high likelihood of landslides, (

b) either the road fill is naturally stable or the road is designed and constructed so as to cause the fill to be stable, and (

c) the person has prepared a statement in accordance with

section 8 (6)., and rage 6 of 12

(

b) by repealing subsection (5) and substituting the following: (5) Subsections (1) (

c) and (2) to (4.1) do not apply to overlanding or snow roads. 12

Section 12 is amended (

a) in subsection (1) by repealing paragraph (

c) and substituting the following: (

c) ensure that a qualified registered professional signs and seals a statement that construction or modification work resulting from measures referred to in

section 8 (1) (

g) and (

h) has been carried out in general conformance with the road layout and design, if such a statement is required by the road layout and design under

section 8 (5);, (

b) by repealing subsection (1) (

g) and substituting the following: (

g) if the construction or modification of the subgrade is being carried out on an area that has a moderate or high likelihood of landslides, as determined by a terrain stability field assessment under

section 4, carry out a construction survey that identifies, in the field, the road centre line location and the limits for slope construction, unless (

i) a qualified registered professional inspects the road construction or modification and signs and seals a statement referred to in paragraph (c), in which case the construction survey is not required, or (ii) the modification is replacing or adding a stream culvert or a bridge, or providing structural repairs to a bridge or a major culvert:, and (

c) ty repealing subsection (2) and substituting the following:

(2) A person required to construct or modify a road in compliance with

section 62 (1) of the Act, who constructs or modifies, as part of the road, (

a) a retaining wall that is more than 1.5 m high, or (

b) another specialized structure, the design of which falls within the practice of professional engineering as defined in the Engineers and Geoscientists Act, must ensure that a professional engineer signs and seals a statement that the structure is in general conformance with the design drawings and specifications prepared by a professional engineer. 13

Section 13 (1) is amended by repealing paragraph (

o) and substituting the following: (

o) after construction of a bridge that is described in

section 10 (1) (b) (i), ensure that a professional forester or professional engineer signs and seals a statement that the entire bridge is in general conformance with the design drawings and specifications; (

p) after construction of a bridge that is described in

section 10 (1) (b) (ii), ensure that the person responsible for preparing the design signs a statement that the entire bridge is in general conformance with the design drawings and specifications; (

q) after construction of a major culvert or a bridge other than one referred to in paragraph (

o) or (p), ensure that a professional engineer signs and seals a statement that the entire bridge or culvert is in general conformance with the design drawings and specifications;. Page 7 of 12

Section 16 is amended (

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

(1) A person required to maintain a road under

section 63 of the Act must ensure that a qualified inspector carries out an inspection of bridges and major culverts, and makes a record of the inspection, at least once every 3 years after they are constructed, unless (

a) a longer period is specified by a professional engineer as part of the inspection record, in which case it must be produced within that longer period, or (

b) the stringers or any portion of the structural components of the bridge substructure are untreated wood, in which case the inspection must be carried out at least once every 2 years after construction., (

b) in subsection (2) by striking out "a written inspection report" and substituting "an inspection record", (

c) in subsection (3) by striking out "A written inspection report" and substituting "An inspection record", and in paragraph (

b) by striking out ", and report on,", and (

d) in subsection (4) by striking out "written inspection report" and substituting "inspection record". 15

Section 18 is amended (

a) in subsection (1) (

c) by striking out the last "and", and by repealing paragraph (

d) and substituting the following: (

d) safe passage for fish is provided at fish stream crossings constructed or modified after June 15, 1995, and, (

b) in subsection (1) by adding the following paragraph: (

e) the road can safely be used for purposes referred to in

section 54 (1) or (2) of the Act., and (

c) in subsection (3) by striking out ", as a result of an inspection under subsection (1),", and by repealing paragraph (

b) and substituting the following: (

b) a time specified in an inspection record prepared by the person;. 16

Section 20 is amended (

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

(1) A person who prepares a road deactivation prescription under

section 64 of the Act must ensure that the prescription provides for or addresses all of the following requirements, and a person who carries out road deactivation work whether or not pursuant to a prescription, must ensure that the deactivation work provides for or addresses all of the following requirements: (

a) stabilization of the road prism and clearing width; (

b) restoration or maintenance of the surface drainage patterns, and control of subsurface drainage, consistent with natural drainage patterns; Page 8 of 12

(

c) the types of vehicle usage referred to in the forest development plan under

section 18 (1) (n) (

v) of the Operational Planning Regulation, and integrated resource management and user safety objectives for that vehicle usage; (

d) deactivation at a level commensurate with the period of time during which regular use of the road is to be suspended, and with the risk to other forest resources; (

e) deactivation works in community watersheds that do not cause the quality of water to fail to meet the known water quality objectives; (0 safe fish passage and protection of fish habitat at stream crossings immediately upstream and downstream of the stream crossing structure, and the timing and description of the work to achieve these objectives; (

g) minimization of the impact of silt and sediment transport on other forest resources; (

h) timing windows and measures for deactivation works in and around stream crossings developed and made available by a designated environment official, if the person is exempted under subsection (2) from obtaining the district manager's approval for the prescription; (

i) in the case of permanent deactivation, future access, if the provision of that access (

i) does not adversely affect forest resources, and (ii) can be acconunodated without additional expenditure., (

b) in subsection (2) by adding the following paragraph (a.1) the road will be permanently deactivated, and there are existing pipe culverts at stream crossings along the road, and (

c) in subsection (3) (

b) by striking out "certify" and substituting "sign and seal a statemeii,". 17

Section 22 is repealed and the following substituted: Hazard Warning 22 Before commencement of road deactivation activities, the person who is required to deactivate the road under

section 64 of the Act must erect a sign at a location or locations, containing information (

a) sufficient to warn users of the road of the hazards that may be expected due to deactivation, if the road is open to traffic, and (

b) sufficient to warn potential users of the road that the road is closed to traffic, if that is the case. 18 Sections 23 and 24 are repealed and the following substituted: Page 9 of 12

Inspection and remedial work after temporary or semi-permanent deactivation 23 A person responsible for maintaining the stability of the area that has been temporarily or semi- permanently deactivated must, while the road is deactivated, (

a) carry out inspections of the area, at frequencies commensurate with the risk to the road, its users, and adjacent forest resources, to assess the adequacy of bridges, culverts and ditches, and the need for further drainage work, road surfacing and revegetation, and (

b) remedy inadequacies found as a result of the inspections in paragraph (

a) to satisfy the requirements of

section 20 (1) and the requirements of any prescription. 19

Section 25 (1) is amended by repealing paragraphs (

a) to 0) and substituting the following: (

a) remove bridge and log culvert superstructures; (

b) if failure of a bridge or log culvert substructure would affect downstream values, remove the bridge or log culvert substructure.. 20 The following

section is added: Transition for road layout and design or deactivation prescriptions 27

(1) In this

section "road layout and design or deactivation prescription" means a road layout and design or deactivation prescription that is subject to

section 2.3, 2.4, 6 (1) (n), 23 or 25 (1).

(2) Despite any other provision of this regulation, if a road layout and design or deactivation prescription (

a) is prepared by the district manager and put into force before July 1, 2000, or (

b) is submitted to the district manager for approval before July 1, 2000, the road layout and design or prescription must comply with either (

c) this regulation and the Administrative Remedies Regulation as they were on March 1, 2000, or (

d) the following provisions: (

i) this regulation as it was on March 1, 2000 except for sections 2.3, 2.4 and 6 (1) (n); (ii) sections 10 (1), 23, 24 and 25 (1) of this regulation as they were immediately before March 1, 2000; (iii) the Administrative Remedies Regulation as it was immediately before March 1, 2000.

(3) Until July 1, 2000, a road layout and design or deactivation prescription that is submitted to the district manager for approval or put into force by the district manager must indicate whether it is in accordance subsection (2) (

c) or (2) (d). Page 10 of 12

(4) If a road layout and design or deactivation prescription indicates it is in accordance with subsection (2) (c), this regulation and the Administrative Remedies Regulation, as they were on March 1, 2000, apply.

(5) If a road layout and design or deactivation prescription indicates it is in accordance with subsection (2) (d), the following apply: (

a) this regulation as it was on March 1, 2000 except for sections 2.3, 2.4 and 6 (1) (n); (b) sections 10 (1), 23, 24 and 25 (1) of this regulation as they were immediately before March 1, 2000; (

c) the Administrative Remedies Regulation as it was immediately before March 1, 2000. Page 11 of 12

SCHEDULE 2 1 The Administrative Remedies Regulation, B.C. Reg. 182/98, is amended in the

Schedule to the regulation, under the heading "Forest Road Regulation" as follows: (

a) by repealing the row respecting

section 7 (1); (

b) by striking out the contents of Column 2 in the row respecting

section 10 (1) and substituting "Failure to ensure that a professional engineer or professional forester has taken design responsibility, as required"; (

c) by striking out the contents of Column 2 in the row respecting

section 12 (1) (

c) and substituting "Failure to ensure that a professional engineer signs and seals a statement that the construction or modification is in general conformance with the road layout and design."; (

d) by repealing the rows respecting

section 13 (1) (o) (

i) and (ii), and substituting the following: 13 (1) (

o) Failure to ensure that a professional engineer or professional forester signs and seals a statement as required. 5 000 13 (1)(

p) Failure to ensure that the person preparing the road layout and design signs a statement as required. 5 000 13 (1) (

q) Failure to ensure that a professional engineer signs and seals a statement as required. 5 000 (

e) in Column 2 in the row respecting

section 16 (1) by adding", and made a record of the inspection" after "major culverts"; (

I) in Column 2 in the row respecting

section 18 (3) by striking out "identified by an inspection"; (

g) in Column 2 in the row respecting

section 20 (3) (

a) by striking out ' `an inspection" and substituting "a prescription"; (

h) in Column 2 in the row respecting

section 20 (3) (

b) by striking out ' `certifies" and substituting "signs and seals a statement"; (

i) by repealing the rows respecting sections 23 and 24 and substituting the following: 23 Failure to properly inspect and repair temporarily or semi-permanently deactivated roads. 10 000 Page 12 of 12

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 196/2000
Type	order_in_council
Volume / chapter	arc oic 0196 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	e8c71b7b7a6f7bc424a5f0ce8e11a70f3d71d125

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