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Volume 63, No. 18

229/2020

The British Columbia Gazette,

Part II

September 22, 2020

B.C. Reg. 229/2020 , deposited September 11, 2020, under the FOREST AND RANGE PRACTICES ACT [sections 141, 142, 146, 147, 154 and 163]. Order in Council 501/2020, approved and

ordered September 11, 2020.

On the recommendation of the undersigned, the Lieutenant Governor, by and with

the advice and consent of the Executive Council, orders that

(

a) the Special Tree Protection Regulation as set out in the attached Appendix 1

is made, and

(

b) the Administrative Orders and Remedies Regulation, B.C. Reg. 101/2005, is

amended as set out in the attached Appendix 2.

— D. DONALDSON, Minister of Forests, Lands, Natural Resource Operations and Rural Development ; M. FARNWORTH, Presiding Member of the Executive Council .

Appendix 1

SPECIAL TREE PROTECTION REGULATION

Contents

Part 1 –

Interpretation and Application

Definitions

Application

Part 2 – Protection of Specified and Supporting Trees

Division 1 – Protection

Protection of specified and supporting trees

Exemption by minister

Exception in relation to roads

Division 2 – Reporting

Report about specified tree

Cutting, damaging or destroying specified tree under exemption

Schedule

Part 1 –

Interpretation and Application

Definitions

1 In this regulation:

"Act" means the Forest and Range Practices Act ;

"breast height" , in relation to a tree, means 1.3 m above the higher of

(

a) the high side of the tree, and

(

b) the point of germination for the tree;

"diameter at breast height" , in relation to a tree, means the outside bark diameter of the tree measured at breast

height;

"primary forest activity" has the same meaning as in the Forest Planning and Practices Regulation;

"responsible person" , in relation to a primary forest activity, means

(

a) a holder of an agreement under the Forest Act that authorizes the primary forest activity, and

(

b) a person who is authorized to cut, damage or destroy Crown timber in the course

of carrying out the primary forest activity

(

i) by

section 52 (2) of the Act, or

(ii) by an authorization under

section 52 (1) (

b) of the Act;

"specified tree" means a tree specified in the Schedule;

"supporting tree" means a tree within a horizontal radius of 56 metres around a specified tree.

Application

2 This regulation applies in relation to

(

a) Crown land, and

(

b) private land that is subject to an agreement under the Forest Act .

Part 2 – Protection of Specified and Supporting Trees

Division 1 – Protection

Protection of specified and supporting trees

(1) This

section is subject to

(

a) section 4 [exemption by minister] , and

(

b) section 5 [exception in relation to roads] .

(2) A responsible person for a primary forest activity must ensure that, in the

course of carrying out that activity,

(

a) specified trees are not cut, damaged or destroyed, and

(

b) supporting trees are not felled, topped or destroyed.

(3) For certainty, a tree is cut for the purposes of this regulation if the tree

is felled, topped, limbed, pruned or otherwise cut.

Exemption by minister

4 (1)

Section 3 (2) does not apply in relation to a tree that is cut, damaged or destroyed

in accordance with an order under this section.

(2) On application by a responsible person, the minister may, by written order,

exempt the person from

section 3 (2) in relation to a tree if the minister is satisfied

of one or more of the following:

(

a) the exemption is necessary or advisable for

(

i) forest management,

(ii) protection of humans or property, or

(iii) promotion of traditional or cultural activities;

(

b) a primary forest activity cannot reasonably be carried out without cutting,

damaging or destroying the tree;

(

c) in the case of a supporting tree, the tree is not necessary to protect a specified

tree.

(3) An application under subsection (2) must be made in the form and manner specified

by the minister.

Exception in relation to roads

Section 3 (2) (

b) does not apply in relation to a supporting tree if

(

a) the primary forest activity is maintaining or deactivating a road, and

(

b) supporting trees are felled, topped or destroyed no more than is necessary

to carry out the activity.

Division 2 – Reporting

Report about specified tree

(1) A responsible person for a primary forest activity who is aware of a specified

tree in the area in which that activity is authorized must submit a report about the

tree to the minister within 30 days after the later of the following:

(

a) the tree becomes a specified tree;

(

b) the person becomes aware of the tree.

(2) Subsection (1) does not apply in relation to a tree if a report has previously

been submitted under that subsection about the tree.

(3) A report under subsection (1) must

(

a) be in writing,

(

b) be submitted in the form and manner specified by the minister, and

(

c) set out the following information:

(

i) the authorization for the responsible person to carry out the primary forest

activity and, if applicable, the number of that authorization;

(ii) the date the tree was identified;

(iii) the location of the tree, expressed as a latitude and longitude in decimal

degrees;

(iv) the species and, if applicable, variety of the tree;

(

v) the height and diameter at breast height of the tree.

Cutting, damaging or destroying specified tree under exemption

(1) A responsible person who fells, tops or destroys a specified tree under an exemption

granted under

section 4 (2) must notify the minister within 30 days after doing so.

(2) A notice under subsection (1) must be

(

a) in writing, and

(

b) submitted in the form and manner specified by the minister.

Schedule

Specified Trees – Diameter at Breast Height

Definition

1 In this Schedule, "coastal biogeoclimatic zones" means the Mountain Hemlock, Coastal Douglas-fir and Coastal Western Hemlock biogeoclimatic

zones as shown on the attached maps numbered 1 to 4 and titled "Coastal Biogeoclimatic

Zones".

Specified trees

2 A tree is specified under this

Schedule if the tree

(

a) is standing,

(

b) is described in Column 1 of the Table,

(

c) is located in an area described in Column 2 opposite that description, and

(

d) has a diameter at breast height equal to or greater than the diameter at breast

height specified in Column 3 opposite that description.

Table

Item

Column 1

Tree

Column 2

Location

Column 3

Diameter at

breast height (cm)

Arbutus

Anywhere

Cedar, yellow

Anywhere

Cottonwood, black

In the coastal biogeoclimatic zones

Cottonwood, black

Outside the coastal biogeoclimatic zones

Douglas-fir – coastal

Anywhere

Douglas-fir – interior

Anywhere

Fir, grand

Anywhere

Maple, bigleaf

Anywhere

Oak, garry

Anywhere

Pine, ponderosa

Anywhere

Redcedar, western

In the coastal biogeoclimatic zones

Redcedar, western

Outside the coastal biogeoclimatic zones

Spruce, Sitka

Anywhere

Yew, pacific

Anywhere

Appendix 2

1 The Administrative Orders and Remedies Regulation, B.C. Reg. 101/2005, is amended

in Division 2 of

Part 3 by adding the following section:

Penalties – Special Tree Protection Regulation

18.1 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 3 (2) of the Special Tree Protection Regulation is

$100 000.

Re: B.C. Reg. 229/2020

Pursuant to

section 6 of the Regulations Act , I hereby exempt from publication the maps attached to B.C. Reg. 229/2020.

The maps may be inspected during regular office hours at the following address:

Ministry of Forests, Lands, Natural Resource Operations and Rural Development

4th

Floor, 2975 Jutland Road

Victoria BC V8T 5J9

— Rodney W. Fehr , Registrar of Regulations .

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