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

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE DAVID ZIRNHELT

MINISTER OF FORESTS

BILL 56 – 1999

FOREST LAND RESERVE AMENDMENT ACT, 1999

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

Province of British Columbia, enacts as follows:

Section 1 (1) of the Forest Land Reserve Act, R.S.B.C. 1996, c. 158, is amended

(

a) by repealing the definition of "forest management plan" , and

(

b) by adding the following

definitions:

"critical wildlife habitat" means critical

wildlife habitat as defined by regulation;

"identified land" means private land that is

(

a) forest reserve land, other than land included in any of the

following:

(

i) a tree farm licence area;

(ii) a woodlot licence area;

(iii) a community forest agreement area, or

(

b) agricultural reserve land that is managed forest land;

"management commitment" means a management

commitment submitted under

section 17.3 that meets the prescribed requirements;

"official" means a member of the commission, or a

person employed under the Public Service Act , who is authorized by the commission

and is designated by name or title to be an official for the purpose of a specified

provision of this Act or of the regulations;

"reforest" means to restock and establish, in

accordance with the regulations, a stand of trees on areas where timber has been harvested

or destroyed; .

Section 4 is repealed and the following substituted:

Object of the commission

4 The object of the commission is to work with owners,

local governments, first nations and other communities of interest to achieve all of the

following:

(

a) protect the integrity of the working forest land base by

minimizing the impact of urban development and rural area settlement on forest reserve

land;

(

b) encourage responsible forest management practices on forest

land;

(

c) promote conditions favourable for investment in private land

forest management.

Section 11 (6) (

a) is amended by striking out "a forest management

plan" and substituting "a management commitment" .

4 The following

Part is added:

Part 3.1 – Management Requirements on Identified Land

Compliance with environmental requirements

17.1 Subject to

section 17.4, an owner of identified land

must comply with prescribed requirements and constraints on the owner's land respecting

each of the following:

(

a) soil conservation;

(

b) management of water quality and fish habitat;

(

c) management of critical wildlife habitat.

Reforestation

17.2 Subject to

section 17.4, an owner, in accordance with

the regulations, must reforest the following areas:

(

a) areas of identified land that meet the prescribed requirements

and were or are harvested by the owner before or after the coming into force of this

section;

(

b) areas of land that meet the prescribed requirements and were

harvested before the land became identified land;

(

c) areas of identified land that meet the prescribed requirements

if the timber was destroyed.

Management commitment

17.3

(1) Before identified land may be classified as

managed forest land under the Assessment Act , an owner must submit to the chief

officer, in writing, a management commitment that meets the prescribed requirements.

(2) An owner, at any time, may submit to the chief officer, in

writing, an amendment to a management commitment if the amendment meets the prescribed

requirements.

(3) The chief officer must

(

a) review the management commitment or amendment to determine if

the management commitment or amendment complies with this Act and the regulations, and

(

b) notify the owner of his or her determination under paragraph

(

a) and provide reasons if the management commitment or amendment does not meet the

requirements of paragraph (a).

(4) A management commitment that the chief officer determines

meets the requirements of subsection (3) (

a) is ineffective to the extent that it

conflicts with a requirement of this Act or the regulations in effect on the date of the

chief officer's determination.

Variances

17.4

(1) An owner of identified land may, in accordance

with the regulations, submit a proposed variance from a requirement of

section 17.1 or

17.2 to the following:

(

a) an official, if the variance meets the prescribed requirements

for a minor variance;

(

b) the chief officer, if the variance meets the prescribed

requirements for a significant variance;

(

c) the commission, if the variance meets the prescribed

requirements for a major variance.

(2) The official, chief officer or commission may approve a

proposed variance, with or without conditions, if

(

a) the request for the variance meets the prescribed

requirements, and

(

b) the official, chief officer or commission is satisfied that

the proposed variance will adequately manage the matters referred to in sections 17.1 and

17.2 for the area affected by the variance.

(3) The person who makes a decision under subsection (2) must

notify the owner in writing of the decision, including the specification of any

conditions, and provide reasons if the proposed variance is not accepted.

(4) The owner who receives notice under subsection (3) that a

proposed variance has been accepted must comply with the variance and any conditions

specified in the notice.

(5) A variance under this

section does not affect any fine,

imprisonment, fee, charge or penalty to which a person may be liable under this Act or the

regulations if the offence or contravention occurred before the variance.

Records and reports

17.5

(1) The chief officer may request an owner of

identified land to submit records in the possession of the owner if the chief officer

considers it necessary in determining whether there is compliance with this Act and the

regulations.

(2) An owner that receives a request under subsection (1) must

comply with the request.

(3) Without limiting subsection (1), an owner of identified land

must submit to the commission, at prescribed times, a declaration in writing specifying

(

a) the location of harvesting activities on the identified land

that have occurred since the preceding declaration, if any,

(

b) the timing, location, nature and success of reforesting of

areas carried out since the preceding declaration, if any, and

(

c) other prescribed matters.

Section 22 (3) is amended by striking out "to which a forest

management plan applies:" and substituting "classed as forest

land as defined in the Assessment Act :" .

6 The following Parts are added:

Part 5.1 – Remedies, Orders and Appeals

Division 1 – Inspections and Investigations

Entry on land and premises

29.1

(1) For any purpose related to the administration of

this Act or of the regulations, including the application of administrative remedies under

this Part, an official may enter,

(

a) at any reasonable time, on identified land if the official has

reasonable grounds to believe that the identified land is the site of an activity

regulated under this Act or the regulations, and

(

b) at any reasonable time and upon reasonable notice, the

business premises of the owner of identified land where records are kept, unless the

business premises is a private residence, for the purpose of inspecting or copying records

that are required to be kept under this Act and the regulations.

(2) An official who enters on land or premises under subsection

(1) (

a) may inspect any thing or any activity that is reasonably

related to the purpose of the inspection,

(

b) may require production for the purpose of inspection or

copying of

(

i) a plan or authorization that is required for the activity, and

(ii) a record required to be kept, related to a requirement under

this Act or the regulations, and

(

c) must, on the request of the person who has apparent custody or

control of the property or activity being inspected, provide proof of identity to that

person.

(3) A justice of the peace may issue a warrant under

section 21 or

22 of the Offence Act to an official to enter premises and search for and seize

evidence of a contravention of this Act or the regulations.

(4) The provisions of the Offence Act apply to the search

and seizure under subsection (3).

(5) An official exercising powers or duties under this

section may

be accompanied by a peace officer.

Division 2 – Administrative Remedies

Penalties

29.11

(1) The chief officer, in accordance with the

regulations, may levy a penalty against an owner of identified land, up to the prescribed

amount and in the prescribed manner, if the chief officer determines that this Act or the

regulations have been contravened by

(

a) the owner, or

(

b) the owner's employee, agent or contractor, if the

contravention occurred in the course of carrying out the employment, agency or contract.

(2) If a corporation contravenes this Act or the regulations, a

director or officer of it who authorized, permitted or acquiesced in the contravention

also commits the contravention.

(3) The time limit for levying a penalty against a person under

subsection (1) is 3 years after the facts on which the penalty is based first came to the

knowledge of the chief officer.

Remediation orders

29.2

(1) If the chief officer determines that an owner of

identified land or the owner's employee, agent or contractor, in the course of carrying

out the employment, agency or contract, has contravened this Act or the regulations, the

chief officer, in accordance with the regulations, may order the owner to remedy the

contravention by

(

a) carrying out a requirement of this Act or the regulations that

the owner has failed to carry out, or

(

b) repairing or mitigating damage caused to identified land by

the contravention.

(2) The time limit for making an order under subsection (1) is 3

years after the facts on which the order is based first came to the knowledge of the chief

officer.

(3) Subject to subsection (4), if an owner fails to comply with an

order under subsection (1), the chief officer, in accordance with the regulations, may do

one or more of the following:

(

a) in a notice given to the owner, restrict or prohibit the owner

from carrying out the work referred to in the order;

(

b) require security to be provided in accordance with

section 35

and realize on that security;

(

c) carry out all necessary work.

(4) Subsection (3) does not apply to an order under subsection

(1) that was issued for a failure to comply with the requirements of

section 17.2.

(5) The owner is liable to the commission for costs incurred by

the commission under subsection (3).

Stop work order

29.21

(1) If an official considers that a person is

contravening a provision of this Act or the regulations, the official, in accordance with

the regulations may order that the contravention cease, or cease to the extent specified

by the order.

(2) An order under this

section may be made to apply generally or

to one or more persons named in the order.

Loss of managed forest land classification

29.3

(1) If the chief officer determines that an owner of

managed forest land or the owner's employee, agent or contractor, in the course of

carrying out the employment, agency or contract, has contravened

Part 3.1 or the

regulations under that Part with respect to the managed forest land, the chief officer may

notify the assessment commissioner that the requirements of this Act and the regulations

have not been met.

(2) If, after the assessment commissioner is notified under

subsection (1) of the chief officer's determination,

(

a) the chief officer, on further consideration under

section

29.41,

(

i) rescinds the determination, or

(ii) varies the determination to the extent that it impacts the

decision to notify the assessment commissioner, or

(

b) the commission, on appeal under

section 29.7,

(

i) rescinds or varies the determination, or

(ii) refers the determination back to the chief officer,

the chief officer must notify the assessment commissioner of the

decision under paragraph (

a) or (b).

Advisory panel review

29.31

(1) The chief officer may refer the following to an

advisory panel established under and in accordance with the regulations:

(

a) an application for a variance under

section 17.4 (1) (b);

(

b) contravention information if the chief officer considers that

an owner of identified land may have contravened

Part 3.1 or the regulations under that

Part.

(2) If the chief officer refers the application or information to

an advisory panel under subsection (1), the advisory panel must conduct a review in

accordance with the regulations.

(3) The chief officer may, at any time, suspend the review by the

advisory panel.

(4) At the conclusion of the review, the advisory panel, in

accordance with the regulations, must submit to the chief officer a report that meets the

prescribed requirements.

(5) The chief officer may consider the report of the advisory

panel

(

a) with respect to a variance application referred to in

subsection (1) (

a) when making a decision under

section 17.4 (2), and

(

b) with respect to contravention information under subsection (1)

(

b) when

(

i) determining a penalty under

section 29.11,

(ii) making a remediation order under

section 29.2, or

(iii) making a notification under

section 29.3 (1).

Power of an official to rescind or vary orders or decisions

29.4

(1) An official may rescind an order or decision made

by the official under this Act or the regulations if the official determines that there

were insufficient grounds for making the order or decision.

(2) An official may vary an order or decision made by the official

under this Act or the regulations

(

a) on new information being provided to the official, and

(

b) with the consent of the person who was the subject of the

order or decision.

(3) Despite subsections (1) and (2), an official may not rescind

or vary an order or decision that is the subject of an administrative review under

section

29.6 after the conclusion of the administrative review.

Power of the chief officer to rescind or vary

orders, decisions or determinations

29.41

(1) The chief officer may rescind an order, decision

or determination made by the chief officer under this Act or the regulations if the chief

officer determines that there were insufficient grounds for making the order, decision or

determination.

(2) The chief officer may vary an order, decision or determination

made by the chief officer under this Act or the regulations

(

a) on new information being provided to the chief officer, and

(

b) with the consent of the person who was the subject of the

order, decision or determination.

(3) Despite subsections (1) and (2), the chief officer may not

rescind or vary an order, decision or determination that is the subject of an appeal under

section 29.7 after the conclusion of the appeal.

(4) The chief officer may rescind an order of an official under

section 29.21 if the chief officer determines that there were insufficient grounds for

making the order.

Power of the commission to rescind or vary

orders, decisions or determinations

29.5

(1) The commission may rescind an order, decision or

determination made by the commission under this Act or the regulations if the commission

determines that there were insufficient grounds for making the order, decision or

determination.

(2) The commission may vary an order, decision or determination

made by the commission under this Act or the regulations

(

a) on new information being provided to the commission, and

(

b) with the consent of the person who was the subject of the

order, decision or determination.

(3) Despite subsections (1) and (2), the commission may not

rescind or vary an order, decision or determination that is the subject of an appeal under

section 29.71 after the conclusion of the appeal.

Order for compliance

29.51

(1) If the commission considers that a person is not

complying, or has not complied, with

(

a) an order, decision or determination under

section 29.11,

29.21, 29.4, 29.41, 29.5, 29.6, 29.7 or 29.97 (3), or

(

b) an order under

section 29.2 unless the order is for failing to

comply with the requirements of

section 17.2,

the commission may apply to the Supreme Court for either or both

of the following:

(

c) an order directing the person to comply with the order,

decision or determination or restraining the person from violating the order, decision or

determination;

(

d) an order directing the directors and officers of the person to

cause the person to comply with or to cease violating the order, decision or

determination.

(2) On application of the commission under this section, the

Supreme Court may make an order it considers appropriate.

Division 3 – Administrative Reviews and Appeals

Reviews

29.6

(1) If a person is the subject of a decision of an

official under

section 17.4 (2) or receives a stop work order under

section 29.21, the

person, in accordance with the regulations, may require a review of the order by serving

on the chief officer a request for review that meets the prescribed requirements.

(2) A review of the stop work order is to be conducted in

accordance with the regulations by a person who meets the prescribed requirements.

(3) On a review, the person who carries out the review may

(

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

determination, or

(

b) refer the matter back to the person who made the initial

order, decision or determination, with or without directions.

Right of appeal from certain orders, decisions and determinations

29.61

(1) A person who is the subject of

(

a) an order or decision of an official under

section 17.4 (2) or

29.21, or

(

b) an order, decision or determination of the chief officer under

section 17.3 (3), 17.4 (2), 29.11, 29.3, 29.41 or 29.6

may appeal the order, decision or determination to the commission

by serving on the commission a notice of appeal that meets the prescribed requirements.

(2) An appeal may not be made under subsection (1) (

a) unless the

order has first been reviewed under

section 29.6.

(3) If an order or decision under subsection (1) (

a) is varied on

a review under

section 29.6, the appeal to the commission is from the order as varied.

Appeals

29.7

(1) If a notice of appeal served under

section 29.61

(1) meets the prescribed requirements, the commission must

(

a) carry out an appeal in accordance with the regulations, and

(

b) notify the parties in accordance with the regulations of the

results of the appeal.

(2) On an appeal, the commission may

(

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

determination, or

(

b) refer the matter back to the person who made the initial

order, decision or determination, with or without directions.

(3) An order under subsection (2) that is filed in the court

registry 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 the order were an order of the court.

(4) Unless the commission orders otherwise, a review or an appeal

under this Division does not operate as a stay or suspend the operation of the order,

decision or determination under appeal.

Appeal to the courts

29.71

(1) In accordance with the regulations, a person who

has appealed under

section 29.61 to the commission may appeal the decision of the

commission to the Supreme Court on a question of law or jurisdiction.

(2) 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.

Division 4 – Offences

Limitation period

29.8

(1) The time limit for laying an information

respecting an offence under this Act or the regulations is 3 years after the facts on

which the information is based first came to the knowledge of the chief officer.

(2) A document purporting to have been issued by the chief

officer, certifying the day on which he or she became aware of the facts on which an

information is based, is admissible without proof of the signature or official character

of the individual appearing to have signed the document and, in the absence of evidence to

the contrary, is proof of the matter certified.

Offence and penalty

29.81

(1) A person who contravenes the following sections

commits an offence and is liable on conviction to a fine not exceeding $1 000 000 or to

imprisonment for not more than 6 months or to both:

(

a) section 17.1;

(

b) section 17.4 (4) with respect to a variance

(

i) from a requirement of

section 17.1, or

(ii) from a requirement of a regulation under

section 17.1;

(

c) section 29.91.

(2) A person who contravenes

section 17.5 (2) or (3) or an order

under

section 29.2 (1) or 29.21 commits an offence and is liable on conviction to a fine

not exceeding $500 000 or to imprisonment for not more than 6 months or to both.

(3) The maximum fine to which a person is liable on a second or

subsequent conviction for the same offence

(

a) under subsection (1) is double the amount set out in that

subsection, and

(

b) under subsection (2) is double the amount set out in that

subsection.

(4) The Lieutenant Governor in Council may, by regulation, provide

that

(

a) a contravention of a regulation made under

section 17.1 or a

contravention under

section 17.4 with respect to a variance from a requirement of a

regulation made under

section 17.1 is an offence, and

(

b) a person convicted of an offence for a contravention of

(

i) a regulation made under

section 17.1, or

(ii)

section 17.4 with respect to a variance from a requirement of

a regulation made under

section 17.1

is liable to a fine not exceeding $1 000 000 or to imprisonment

for not more than 6 months or to both.

(5) If the maximum fine or imprisonment provided by a regulation

under subsection (4) (

b) is less than that provided by a provision of this Act, the

regulation prevails.

Remedies preserved

29.9

(1) A proceeding, conviction or penalty for an offence

under this Act does not relieve a person from any other liability.

(2) The provisions of this Part are in addition to the provisions

of any other enactment or rule of law under which

(

a) a remedy or right of appeal or objection is provided, or

(

b) a procedure is provided for inquiry into or investigation of a

matter,

and nothing in this Act limits or affects that remedy, right or

procedure.

Interference, non-compliance and false statements

29.91 A person commits an offence who

(

a) without lawful excuse intentionally interferes with,

(

b) without lawful excuse intentionally fails to comply with a

lawful requirement of, or

(

c) intentionally makes a false statement to or misleads or

attempts to mislead

another person who is

(

d) an official, a member of the commission or a person appointed

under

section 29.31 or 29.97, and

(

e) exercising a power or duty under this Act or the regulations.

Court orders

29.92

(1) If a person is convicted of an offence under this

Act or the regulations, in addition to any other punishment that may be imposed, the court

may order the person to do one or more of the following:

(

a) refrain from doing anything that may result in the

continuation or repetition of the offence or contravention;

(

b) take any action the court considers appropriate to remedy or

avoid any harm to the environment that may result from the act or omission that

constituted the offence;

(

c) publish, at the person's own cost, the facts relating to the

conviction;

(

d) compensate the commission for all or part of the cost of any

remedial or preventative action taken by or caused to be taken on behalf of the commission

as a result of the act or omission that constituted the offence;

(

e) pay court costs;

(

f) pay costs of the investigation;

(

g) pay compensation to make restitution.

(2) The court that convicts a person of an offence under this Act

or the regulations may increase a fine imposed on the person by an amount equal to the

court's estimation of the amount of the monetary benefit acquired by the person as a

result of having committed the offence.

(3) A fine under subsection (2)

(

a) applies despite any enactment that provides for a maximum

fine, and

(

b) is in addition to any other fine under this Act or the

regulations.

(4) Nothing in this

section prevents a court that is determining

the amount of a fine from taking into consideration

(

a) the payment of an administrative penalty, or

(

b) actions taken by the person before, during and after the

offence has been committed.

Employer liability

29.93

(1) In a prosecution for an offence under this Act or

the regulations it is sufficient proof of the offence to establish that the offence was

committed by the defendant's employee, agent or contractor.

(2) Subsection (1) applies even if the employee, agent or

contractor has not been identified or prosecuted for the offence.

Offence by directors and officers

29.94 If a corporation commits an offence under this Act or

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

acquiesced in the offence also commits the offence.

Section 5 Offence Act

29.95

Section 5 of the Offence Act does not apply to

Parts 3.1, 5.1 and 5.2 of this Act or to the regulations made under any of those Parts.

Division 5 – Miscellaneous

Powers cumulative

29.96 The powers in this Act and the regulations for the

official, chief officer, commission or government to

(

a) make an order,

(

b) impose a fine or penalty, or

(

c) commence a proceeding

may be exercised separately, concurrently or cumulatively and do

not affect the powers of the government under this or any other enactment.

Part 5.2 – Audits

Audits may be carried out

29.97

(1) In accordance with the regulations, the

commission may appoint auditors that meet the prescribed requirements to carry out audits

to determine compliance with this Act and the regulations by an owner of identified land.

(2) Auditors appointed under subsection (1)

(

a) must carry out audits in accordance with the regulations, and

(

b) must, in accordance with the regulations, submit an audit

report that meets the prescribed requirements.

(3) The commission may, by written notice, require an owner to

prepare and submit to the commission an action plan to address one or more recommendations

specified in the audit report.

(4) An owner who receives a notice under subsection (3) must

promptly comply with the requirements of the notice.

(5) On the commission approving an action plan, the owner must

carry out the action plan to the satisfaction of the commission.

Section 31 is repealed.

Section 32 (2) is amended by striking out "a regulation under this

Act, a forest management plan or" and substituting "a regulation

under this Act or" .

9 Sections 33 (1) and 34 (1) are amended by striking out "the

regulations, an applicable forest management plan or" and substituting "the

regulations or" .

10 The following sections are added:

Protection against libel and slander

34.1 For the purposes of any Act or law respecting libel or

slander

(

a) anything said, all information supplied and all records and

things produced in the course of an investigation, an inquiry or proceedings before the

commission under this Act are privileged to the same extent as if the investigation,

inquiry or proceedings were proceedings before a court, and

(

b) a report made by the commission and a fair and accurate

account of the report in a newspaper, periodical publication or broadcast is privileged to

the same extent as if the report of the commission were an order of the court.

Confidentiality and disclosure

34.2

(1) Each of the following persons must take an oath

that he or she will not disclose information or records obtained under this Act or the

regulations except as permitted by this

section and the Freedom of Information and

Protection of Privacy Act and the regulations under that Act:

(

a) a member of the commission;

(

b) a specialist or consultant retained by the commission;

(

c) a person who is a member of an advisory panel;

(

d) a person appointed under

section 29.97.

(2) A person referred to in subsection (1)

(

a) must not disclose any information or record obtained in

exercising or performing a power, duty or function under this Act or the regulations

except as required for the performance of his or her duties under this Act or the

regulations or as permitted in this

section or the Freedom of Information and

Protection of Privacy Act and the regulations under that Act,

(

b) may disclose to the government any information or record

obtained in the exercise or performance of a power, duty or function under this Act or the

regulations, and

(

c) must not disclose, or be compelled to disclose, any

information or record obtained in the exercise of a power, duty or function under this Act

or the regulations to a court, or in a proceeding of a judicial nature, except in the

following matters:

(

i) a trial of a person for perjury;

(ii) a proceeding to enforce powers of investigation under this

Act;

(iii) a prosecution for an offence under

section 29.91;

(iv) a review or appeal under this Act.

Designation or delegation

34.3

(1) A document purporting to have been issued by the

commission certifying that the commission has designated a person as an official under

this Act is admissible as evidence of the designation without proof of the signature or

character of the members of the commission purporting to have signed the document.

(2) In this Act or the regulations, a reference to

(

a) the commission includes a reference to a person authorized by

the commission to act on its behalf, and

(

b) the chief officer includes a reference to a person authorized

by the chief officer to act on his or her behalf.

(3) A document purporting to have been issued by the commission

certifying that the commission has delegated a power or duty to a person under this Act or

the regulations is admissible as evidence of the delegation without proof of the signature

or character of the members of the commission purporting to have signed the document.

(4) A document purporting to have been issued by the chief officer

certifying that the chief officer has delegated a power or duty to a person under this Act

or the regulations is admissible as evidence of the delegation without proof of the

signature or character of the chief officer purporting to have signed the document.

(5) A person who exercises a power through a delegation referred

to under subsection (3) or (4) is required to comply with the requirements of this Act and

the regulations in respect of the exercise of that power and a decision of the delegate is

a decision of the person who delegated the power.

Annual notification to the assessment commissioner

34.4 Before October 31 of each calendar year, the chief

officer must submit a report to the assessment commissioner specifying land in respect of

which, during the previous 12 months, the owner of identified land did any of the

following:

(

a) submitted a management commitment or amendment that meets the

requirements of

section 17.3 (3) (a);

(

b) for managed forest land,

(

i) complied with the requirements of this Act and the

regulations, or

(ii) was the subject of a determination under

section 29.3 that

the requirements of this Act and the regulations have not been met.

Section 36 is amended by adding "or because it is identified

land" after "forest reserve land" .

Section 37 is amended

(

a) in subsection (2) by adding the following paragraphs:

(e.1) for the purposes of

section 17.1 (

a) and (b), respecting

requirements and constraints for management of soil conservation, water quality and fish

habitat on identified land;

(e.2) for the purposes of

section 17.1 (c), respecting the

following requirements and constraints for management of critical wildlife habitat on

identified land:

(

i) identification of critical wildlife habitat;

(ii) notification to prescribed persons;

(iii) limitation on carrying out of an activity within critical

wildlife habitat provided that such limitation on activity, unless otherwise agreed to by

the owner, does not exceed

(A) 1% of the total area of identified land owned by that person,

and

(

B) a 1 year time period;

(e.3) for the purposes of

section 17.2, respecting the requirement

to reforest, including, without restriction,

(

i) the attributes that must be attained by a crop of trees on an

area before the area is considered to be reforested, including species, density and

distribution of crop trees as defined by regulation, and

(ii) the time period within which the area must be reforested;

(e.4) for the purposes of

section 17.3, respecting management

commitments, and the form and content of those commitments;

(e.5) for the purposes of

section 17.4, respecting variances,

including, without restriction, establishing the following:

(

i) in what circumstances an owner may apply for a variance;

(ii) the form and content of a variance application;

(iii) the process of evaluating an application for a variance,

including prescribing constraints on where a variance may be granted; ,

(

b) in subsection (2) by repealing paragraph (

m) and substituting the following:

(

m) for the purposes of

Part 5.1,

(

i) establishing administrative remedies, including fees, charges

and penalties in cases where there is a failure to comply with the requirements of this

Act or the regulations,

(ii) with respect to advisory panels, prescribing

(

A) the establishment of advisory panels, including their

composition and any remuneration,

(

B) the mandate of the advisory panels,

(

C) the requirements for reports, including their form and

content,

(

D) the cancellation of advisory panels, and

(

E) the reimbursement of expenses incurred by an advisory panel

during a review, and

(iii) with respect to reviews and appeals, prescribing

(

A) the circumstances in which a review or appeal may be made,

(

B) who may be parties to an appeal,

(

C) the content of a request for a review and appeal,

(

D) the practice, procedure and form for reviews and appeals,

(

E) the forms of evidence that are admissible,

(

F) the requirements to make written submissions,

(

G) the making of interim orders,

(

H) requirements for the attendance of witnesses, the conduct of

witnesses and compelling of witnesses to give evidence under oath or some other manner,

and

(

I) the costs of reviews and appeals and the apportionment of

those costs between the parties;

(

n) for the purposes of

Part 5.2, with respect to audits,

establishing

(

i) the appointment of auditors and the qualifications of

auditors,

(ii) the manner of conducting an audit, including

(

A) the power of the auditor to obtain information,

(

B) requirements for consultation with the owner that is the

subject of the audit and the making of representations, and

(

C) the form, content and submission of audit reports,

(iii) the commission response to audit reports, including

requiring action plans to be developed and implemented by the owner of identified land,

and

(iv) the dissemination of audit results. , and

(

c) by adding the following subsections:

(4) The Lieutenant Governor in Council may make regulations

respecting matters that are

(

a) referred to in this Act as having to be in accordance with the

regulations, or

(

b) indicated by this Act as being a matter for a regulation.

(5) The Lieutenant Governor in Council may make a regulation

defining a word or expression used but not defined in this Act.

(6) In making a regulation under this Act, the Lieutenant Governor

in Council may do one or more of the following:

(

a) delegate a matter to a person;

(

b) confer a discretion on a person;

(

c) make different regulations for different places, things,

transactions or special concerns.

(7) The Lieutenant Governor in Council may make regulations

respecting the criteria that a person must use when exercising a discretionary power

conferred on the person by this Act or the regulations.

(8) If the Lieutenant Governor in Council is satisfied that the

matters referred to in sections 17.1 and 17.2 will be adequately managed, the Lieutenant

Governor in Council may make regulations respecting an exemption of a person, place or

thing from a provision of

Part 3.1 of this Act or the regulations under that Part, and may

make the exemption subject to conditions.

(9) The Lieutenant Governor in Council may make regulations

respecting the recovery of money that is required to be paid to the government under this

Act or the regulations.

13 The following sections are added:

Transitional – environmental and reforestation requirements and

administration

(1) The Lieutenant Governor in Council may make

regulations considered necessary or advisable for the purpose of more effectively bringing

into operation

Part 3.1, 5.1 or 5.2, and amendments to this Act, and to remedy any

transitional difficulties encountered in doing so.

(2) For a period the Lieutenant Governor in Council specifies, a

regulation made under this

section may amend this Act, a regulation made under this Act or

an enactment that amends this Act.

(3) A regulation made under this

section may be made retroactive

to a date not earlier than January 1, 2000.

(4) This

section is repealed on January 1, 2002, and on its repeal

any regulations made under it are also repealed.

Transitional – management commitments and managed forest land

classification

(1) On the coming into force of this section, any parcel

of land that was managed forest land on the current assessment roll is deemed to be

managed forest land without the owner having submitted a management commitment under

section 17.3.

(2) Within one year after the coming into force of this section,

an owner referred to in subsection (1) must submit a management commitment that meets the

requirements of

section 17.3.

(3) If an owner fails to comply with the requirements of

subsection (2), the chief officer may make an order under

section 29.3 notifying the

assessment commissioner that the requirements of this Act and the regulations have not

been met.

Consequential Amendments

Assessment Act

Section 24 of the Assessment Act, R.S.B.C. 1996, c. 20, is repealed and the

following substituted:

Classification and valuation of forest land

(1) In this section:

"forest land" means land, other than farm land,

that

(

a) is forest reserve land, other than forest reserve land that is

not used for the production and harvesting of timber, or

(

b) although not forest reserve land, has as its highest and best

use the production and harvesting of timber;

"forest reserve land" means land that is private

reserve land within the meaning of the Forest Land Reserve Act ;

"managed forest land" means land, other than farm

land,

(

a) that is

(

i) forest reserve land, or

(ii) agricultural reserve land as defined in the Forest

Land Reserve Act ,

(

b) that is being used for the production and harvesting of

timber,

(

c) that is managed in accordance with

(

i) the Forest Land Reserve Act , or

(ii) the Forest Practices Code of British Columbia

Act ,

(

d) with respect to paragraph (c) (i), for which the commissioner

receives, by October 31 of the year in which the assessment roll is completed,

notification under

section 34.4 of the Forest Land Reserve Act that the

requirements of that Act and the regulations made under that Act are being met,

(

e) that is land for which

(

i) a management plan has been approved under the Forest

Act , or

(ii) a management commitment has been submitted that meets

the requirements of the Forest Land Reserve Act, and

(

f) that is classified under subsection (2) as managed forest

land;

"timber" means timber as defined in the Forest

Act ;

"unmanaged forest land" means forest land that is

(

a) other than managed forest land, and

(

b) classified under subsection (3) as unmanaged forest land.

(2) The assessor must classify as managed forest land any land

that meets the requirements of paragraphs (

a) to (

e) of the definition of "managed

forest land" in subsection (1).

(3) The assessor must classify as unmanaged forest land any land

described in paragraph (

a) of the definition of "unmanaged forest land" in

subsection (1).

(4) The assessor must declassify all or part of a parcel of land

as managed forest land if

(

a) the commissioner receives, by October 31 of the year in which

the assessment roll is completed, notification under

section 29.3 of the Forest Land

Reserve Act that the land is not being managed in accordance with the requirements of

that Act and the regulations made under that Act, or

(

b) the assessor is not satisfied, on October 31 of the year in

which the assessment roll is completed, that the land meets all requirements to be defined

as "managed forest land".

(5) On receipt of a notice under

section 29.3 (2) of the

Forest Land Reserve Act , the commissioner, or an assessor if directed

by the commissioner, must make any amendment to the assessment roll necessary

to give effect to the information contained in the notice.

(6) The actual value of forest land is the total of

(

a) the value that the land has for the purpose of growing and

harvesting trees, but without taking into account the existence on the land of any trees,

and

(

b) a value for cut timber determined in accordance with

subsection (9).

(7) The actual value of forest land must be determined on the

(8) For the purpose of valuing forest land, the commissioner must

prescribe land value schedules for use by assessors in determining the actual value of the

land.

(9) The value of cut timber referred to in subsection (6) (

b) must

be determined by the assessor as follows:

(

a) for the purpose of taxation during an odd numbered year, the

value must be determined on the basis of

(

i) the scale of that timber under the Forest Act during

the last odd numbered year before that taxation year, and

(ii) schedules of timber value prescribed by the commissioner

under subsection (10);

(

b) for the purpose of taxation during an even numbered year, the

value must be determined on the basis of

(

i) the scale of that timber under the Forest Act during

the last even numbered year before that taxation year, and

(ii) schedules of timber value prescribed by the commissioner

under subsection (10).

(10) The commissioner must prescribe schedules of timber values

based on the following factors:

(

a) the species and grade of logs;

(

b) the locality in which the timber is cut;

(

c) in relation to timber cut from a coastal area as defined in

the regulations, the average price for logs in the year of cutting determined on the basis

of the value reported for the Vancouver log market and the distance from Howe Sound of the

parcel on which the cutting occurred;

(

d) in relation to timber cut from an interior area as defined in

the regulations, the average price in the year of cutting for logs delivered to the

nearest sawmill, determined on the basis of the selling prices of timber products, the

costs of milling and the distance from the nearest sawmill of the parcel on which the

cutting occurred.

(11) An owner of forest land must submit to the commissioner the

following information respecting the forest land:

(

a) the volume of timber scaled under the Forest Act ;

(

b) other matters established by regulation of the commissioner;

(

c) other information that the commissioner may require that is

not inconsistent with this Act and the regulations.

Section 74 (2) (

j) is repealed.

Environmental Assessment Act

Section 3 (3) (b) (

i) of the Environmental Assessment Act, R.S.B.C. 1996, c.

119, is repealed and the following substituted:

(

i) the land is identified land, as defined in the Forest Land

Reserve Act , and .

Forest Practices Code of British Columbia Act

Section 217 of the Forest Practices Code of British Columbia Act,

R.S.B.C. 1996, c. 159, is repealed.

Commencement

18 This Act comes into force by regulation of the

Lieutenant Governor in Council.

Explanatory Notes

SECTION 1: [Forest Land Reserve Act, amends

section 1 (1)]

(

a) repeals the definition of "forest management plan",

and

(

b) adds the

definitions "critical wildlife habitat",

"identified land", "management commitment", "official" and

"reforest".

SECTION 2: [Forest Land Reserve Act, re-enacts

section 4] replaces the

object of the Forest Land Commission with a mandate that more clearly reflects the

objective of working with interested parties to protect the forest land base and encourage

forest management, while promoting a favourable investment climate.

SECTION 3: [Forest Land Reserve Act, amends

section 11 (6) (a)] removes

the requirement for a forest management plan in respect of land designated as forest

reserve land.

SECTION 4: [Forest Land Reserve Act, enacts

Part 3.1] adds sections 17.1

to 17.5.

Section 17.1 requires owners of identified land to comply with environmental

constraints established by regulation.

Section 17.2 requires the owner to reforest harvested areas in accordance

with the regulations.

Section 17.3 requires an owner to submit a management commitment that meets

the prescribed requirements before the land is eligible to become managed

forest land under the Assessment Act .

Section 17.4 enables the owner of identified land to propose a variance

from a requirement of the Act or the regulations and, if the proposed variance

is accepted, the owner must comply with it.

Section 17.5 enables the chief officer to require an owner of identified

land to submit relevant records, and requires the owner to submit a declaration

with respect to harvesting activity and other prescribed matters.

SECTION 5: [Forest Land Reserve Act, amends

section 22 (3)] changes land

subject to valuation to that which is classified as forest land.

SECTION 6: [Forest Land Reserve Act, enacts Parts 5.1 and 5.2] adds

sections 29.1 to 29.97.

Section 29.1 establishes the rights of entry and inspection by officials

on identified land and owner's premises associated with the requirements of

Part 3.1.

Section 29.11 enables the chief officer to levy a penalty up to a prescribed

amount if the chief officer determines that the owner of identified land,

or a person for which the owner is responsible, contravenes the Act or regulations.

Section 29.2 enables the chief officer to impose a remediation order if

the chief officer determines that the owner of identified land, or a person

for which the owner is responsible, contravenes the Act or regulations.

Section 29.21 enables an official to issue a stop work order if the official

determines that a person is contravening the Act or regulations.

Section 29.3 enables the chief officer to notify the assessment commissioner

under the Assessment Act if the chief officer determines that the requirements

Part 3.1 or the regulations are not being met respecting managed forest

land, and requires the chief officer to notify the assessment commissioner

respecting any change in the determination of the chief officer.

Section 29.31 allows the chief officer to utilize advisory panels, made

up of landowners, to review proposed variances and potential contraventions

and to consider their findings when making a determination.

Section 29.4 enables an official to rescind and in some cases vary a decision

without the matter having to go to administrative review.

Section 29.41 enables the chief officer to rescind and in some cases vary

a decision without the matter having to go to an appeal before the Forest

Land Commission.

Section 29.5 enables the commission to rescind and in some cases vary a

decision without the matter having to be appealed to court.

Section 29.51 enables the commission to apply to the Supreme Court for orders

of compliance.

Section 29.6 permits the person who receives a decision or order from an

official to request a review of the decision or order by the chief officer.

Section 29.61 permits the person who receives a decision or order from an

official that has been reviewed, or who receives specified determinations,

decisions or orders of the chief officer, to request an appeal before the

commission.

Section 29.7 specifies the broad process by which appeals to the commission

will be conducted.

Section 29.71 provides limited right of appeal to the courts on a question

of law or jurisdiction.

Section 29.8 specifies the limitation period for commencing a prosecution

for an offence under the Act or the regulations.

Section 29.81 specifies the fines to which a person convicted of an offence

may be liable.

Section 29.9 provides that the remedies under this Act and the regulations

are in addition to other forms of remedy and do not affect those other remedies.

Section 29.91 provides that a person must not interfere with a person, or

obstruct a person from, exercising a power or duty under this Act or the regulations.

Section 29.92 provides the courts with a variety of options with respect

to imposing orders on a person who is convicted of an offence.

Section 29.93 provides that the employer is liable for the conduct of its

employee, agent or contractor.

Section 29.94 provides that directors and officers of corporations that

commit an offence also commit the offence.

Section 29.95 provides that

section 5 of the Offence Act does not

apply and therefore only those provisions of this Act and the regulations

that are specified as offences are offences.

Section 29.96 provides that the remedies under this Act and the regulations

may be exercised separately, concurrently or cumulatively and do not affect

other enforcement powers.

Section 29.97 enables the commission to appoint auditors to determine owner

compliance with the Act and the regulations.

SECTION 7: [Forest Land Reserve Act, repeals

section 31] is consequential

to the re- enactment of

section 24 of the Assessment Act .

SECTION 8: [Forest Land Reserve Act, amends

section 32 (2)] removes the

reference to forest management plan.

SECTION 9: [Forest Land Reserve Act, amends sections 33 (1) and 34 (1)]

removes the references to forest management plan.

SECTION 10: [Forest Land Reserve Act, enacts sections 34.1 to 34.4]

Section 34.1 provides a general protection against libel and slander for

information generated during an investigation or in a publication of the commission.

Section 34.2 provides that a person must not disclose information other

than as required under the Freedom of Information and Protection of Privacy

Act or by specified administrative or judicial proceedings.

Section 34.3 enables the commission and chief officer to delegate authority

under the Act and the regulations.

Section 34.4 requires the chief officer to submit an annual report to the

assessment commissioner specifying persons with new or amended management

commitments, and whether existing owners of identified land have complied

with the requirements of the Act and regulations.

SECTION 11: [Forest Land Reserve Act, amends

section 36] adds an

exemption for identified land.

SECTION 12: [Forest Land Reserve Act, amends

section 37]

(

a) provides specific detailed regulation making powers with

respect to environmental constraints and their administration,

(

b) provides specific regulation making powers for the purposes of

Parts 5.1 and 5.2, and

(

c) provides general regulation making power to address the

potential need for clarification of terms, providing a discretion, specifying decision

criteria, exemptions and recovery of money.

SECTION 13: [Forest Land Reserve Act, enacts sections 41 and 42 – transitionals]

Section 41 provides a regulation making power to enable the government to

address transitional difficulties in implementing Parts 3.1, 5.1 and 5.2,

which regulation making power and any regulations made under it will be repealed

on January 1,

Section 42 provides for a 1 year grace period before owners of managed forest

land must submit to the chief officer a management commitment that meets the

prescribed requirements.

Assessment Act

SECTION 14: [Assessment Act, re-enacts

section 24] clarifies the

definition of "managed forest land" and how it is assessed and valued.

SECTION 15: [Assessment Act, repeals

section 74 (2) (j)] removes

regulation making powers with respect to forest management plans.

Environmental Assessment Act

SECTION 16: [Environmental Assessment Act, repeals and replaces

section

3 (3) (b) (i)] is consequential to the repeal of

section 217 of the

Forest Practices Code of British Columbia Act .

Forest Practices Code of British Columbia Act

SECTION 17: [Forest Practices Code of British Columbia Act, repeals

section 217]

removes regulation making powers with respect to private lands.

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