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2011 Legislative Session: 4th Session, 39th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE STEVE THOMSON

MINISTER OF FORESTS, LANDS AND

NATURAL RESOURCE OPERATIONS

BILL 6 – 2011

FORESTS, LANDS AND NATURAL

RESOURCE OPERATIONS STATUTES

AMENDMENT ACT, 2011

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Forest Act

SECTION 1: [Forest Act,

section 1] adds

definitions that are being moved by this Bill from

section 13.1 of the Act.

Section 1 (1) of the Forest Act, R.S.B.C. 1996, c. 157, is amended by adding the following

definitions:

"bioenergy" means energy derived from Crown timber;

"bioenergy supply contract" means an energy supply contract as defined in

section 68 of the Utilities Commission Act

(

a) under which bioenergy is sold to the British Columbia Hydro and Power Authority, and

(

b) that is designated by the minister under

section 13.2 (

a) as a bioenergy supply contract;

"commercial operation date" means the date determined under a bioenergy supply contract as the commercial operation date;

"eligible bioenergy application" means an application for a non-replaceable forest licence under

section 13.1 that

(

a) is made by an applicant

(

i) who is the seller of bioenergy under a bioenergy supply contract, and

(ii) whom the minister or a person authorized by the minister considers to be qualified to perform the obligations specified under

section 13.1 (2) (c),

(

b) conforms to

section 13.1 (2), and

(

c) is not rejected under

section 81 (3) or refused under

section 81 (5); .

SECTION 2: [Forest Act,

section 13.1] repeals

definitions that are being moved by this Bill

section 1 (1) of the Act.

Section 13.1 (1) is repealed.

SECTION 3: [Forest Act,

section 45] clarifies the minister's discretion to include private

land in a woodlot licence area.

Section 45 (1) (b) (

i) is amended by striking out " , if any, " and by adding " if so determined by the minister, " after " (Canada), ".

SECTION 4: [Forest Act,

section 47.1] provides the minister with the discretion to add or

remove private lands from a woodlot licence area.

Section 47.1 is repealed and the following substituted:

Change in area or boundary

47.1

(1) In accordance with the regulations, if any, and with the consent of the holder of the woodlot licence, the minister may change the boundary or area of a woodlot licence.

(2) The discretion of the minister under subsection (1)

(

a) is subject to

section 45 (1) (b) (ii), and

(

b) includes the discretion to change the boundary or area of the woodlot licence with the consent of its holder by

(

i) adding private land owned or leased by the holder to the woodlot licence area, or

(ii) removing private land from the woodlot licence area.

SECTION 5: [Forest Act,

section 47.3] implements amendments intended under the Greenhouse

Gas Reduction (Emissions Standards) Statutes Amendment Act, 2008

that were rendered inoperative.

Section 47.3 is amended

(

a) in subsection (1) by striking out " woodlot licence or forestry licence to cut " and substituting " woodlot licence, forestry licence to cut or fibre supply licence to cut ", by striking out " or " at the end of paragraph (a), by adding " , or " at the end of paragraph (

b) and by adding the following paragraph:

(

c) the applicant of an eligible bioenergy application approved under

section 13.1 (3), if the licence is a fibre supply licence to cut and, in the opinion of the minister, Crown timber is required for the purpose of

(

i) achieving the commercial operation date as set out in the bioenergy supply contract associated with the application, or

(ii) supplying Crown timber to the power plant described in the bioenergy supply contract associated with the application until timber is obtained under the forest licence entered into under

section 13.1 (5). ,

(

b) in subsection (3) (

b) by striking out " community salvage licence or forestry licence to cut. " and substituting " community salvage licence, forestry licence to cut or fibre supply licence to cut. ",

(

c) in subsection (4) (

a) by striking out " community salvage licence or a forestry licence to cut, " and substituting " community salvage licence, forestry licence to cut or fibre supply licence to cut, ", and

(

d) by adding the following subsections:

(5) Despite

section 47.72 (1) (a), after a fibre supply licence to cut has been entered into under subsection (1) (

c) of this section, the minister may, if it furthers the objectives set out in subsection (1) (c) (

i) or (ii), and with the consent of the holder of the licence to cut, extend the term of that licence to cut.

(6) The extension under subsection (5) of the term of a fibre supply licence to cut must not result in the total term of the licence to cut exceeding 10 years.

SECTION 6: [Forest Act,

section 47.5]

replaces references to the regional manager, district manager or forest officer with references to the minister;

extends from 5 years to 10 years the maximum term of a master licence to cut;

provides that a cutting permit issued under an expired master licence to cut must be assigned to a new master licence to cut if the new master licence to cut is issued to the same holder and other specified requirements are met.

Section 47.5 is amended

(

a) in subsections (1) (b) (

i) and (2) (d) (

i) by striking out " the regional manager or district manager or by a forest officer authorized by either of them " and substituting " the minister ",

(

b) in subsection (2) (

a) by striking out " not exceeding 5 years " and substituting " not exceeding 10 years ", and

(

c) by adding the following subsection:

(4) If a master licence to cut expires and the minister enters into a new master licence to cut with the same holder, a cutting permit issued under the expired master licence to cut must be assigned to the new master licence to cut if

(

a) the holder consents to the assignment,

(

b) the areas of land specified in the cutting permit are within the area or areas of Crown land specified in the new master licence to cut, and

(

c) no changes are made to the cutting permit, other than the assignment of that permit to the new master licence to cut.

SECTION 7: [Forest Act,

section 49]

extends from 1 year to 5 years the maximum term of a free use permit issued in relation to a mineral claim or coal licence;

replaces a reference to a forest officer with a reference to the minister.

Section 49 (2) is amended

(

a) by repealing paragraph (

a) and substituting the following:

(

a) must be for a term not exceeding

(i) 1 year, if the permit is entered into with an applicant described in

section 48 (1), other than an applicant described in paragraph (

e) or (

f) of that section, and

(ii) 5 years, if the permit is entered into with an applicant described in

section 48 (1) (

e) or (f), , and

(

b) in paragraph (

d) by striking out " the forest officer " and substituting " the minister ".

SECTION 8: [Forest Act,

section 76] makes amendments to correct references to the minister.

Section 76 is amended

(

a) in subsection (2) by striking out " a minister " and substituting " the minister ", and

(

b) in subsections (4) to (6) by striking out " minister, minister " and substituting " minister ".

SECTION 9: [Forest Act,

section 77] removes references to the chief forester, regional

manager and district manager.

Section 77 (2) and (3) is amended by striking out " , chief forester, regional manager or district manager, as the case may be, ".

SECTION 10: [Forest Act,

section 103] is consequential to amendments made to

section 106

by this Bill.

Section 103 (1) (

b) is repealed and the following substituted:

(

b) calculated using the information required to be submitted to the government under

section 106 (2) .

SECTION 11: [Forest Act,

section 106] authorizes the minister to require agreement holders

to submit information to the government for the purposes of calculating the

amount of stumpage payable when using information provided by a timber

cruise.

Section 106 is amended by renumbering the

section as

section 106 (1) and by adding the following subsections:

(2) For the purposes of calculating the amount of stumpage payable using information provided by a cruise of the timber conducted before the timber is cut, the minister may require the holder of an agreement to submit the following information to the government:

(

a) some or all of the information provided by the cruise of the timber;

(

b) an estimate, in hectares, of the size of the area from which the timber is cut;

(

c) any other information the minister considers necessary.

(3) The holder of an agreement who is required under subsection (2) to submit information to the government must submit the information in the manner and at the times required by the minister.

Foresters Act

SECTION 12: [Foresters Act,

section 1] adds to the Act

definitions for "certificate holder"

and "certificate of accreditation".

Section 1 of the Foresters Act, S.B.C. 2003, c. 19, is amended

(

a) by adding the following

definitions:

"certificate holder" means a person who holds a certificate of accreditation;

"certificate of accreditation" means a certificate of accreditation granted under

section 16.1; , and

(

b) in the definition of "practice of professional forestry" by striking out " enrolled member or a special permit holder, " and substituting " enrolled member, a special permit holder or a certificate holder, ".

SECTION 13: [Foresters Act,

section 2] repeals a provision that is spent.

Section 2 (4) is repealed.

SECTION 14: [Foresters Act,

section 4] specifies the objects of the association respecting

certification and removes the requirement that certification schemes be voluntary.

Section 4 (2) (

f) is repealed and the following substituted:

(

f) to establish and administer certification schemes for technical occupations related to the practice of professional forestry, including establishing, monitoring and enforcing standards of education and qualifications for certification.

SECTION 15: [Foresters Act,

section 9]

removes the power to make bylaws establishing quality assurance programs for continuing education and peer or practice review, consequential to amendments made by this Bill that authorize the council to establish these programs by way of resolution;

authorizes the council to make bylaws regulating the issuance, display and return of certificates of accreditation;

removes the power to make bylaws to set annual membership fees, consequential to amendments made by this Bill that authorize the council to set these fees by way of resolution.

Section 9 (1) is amended

(

a) in paragraph (a) (iii) by striking out " in areas such as " and substituting " in areas other than ",

(

b) in paragraph (

c) by adding " certificates of accreditation, " after " certificates of registration, ", and

(

c) by repealing paragraph (f).

SECTION 16: [Foresters Act,

section 9] authorizes the council to make bylaws respecting

the rejection of applications for certificates of accreditation.

Section 9 (2) (a) (ii) is amended by striking out " registration or a special permit " and substituting " registration, a special permit or a certificate of accreditation ".

SECTION 17: [Foresters Act,

section 10] specifies the requirements for ratifying bylaws.

Section 10 is repealed and the following substituted:

Procedure for bylaws

10 Bylaws come into force when ratified by 2/3 of the members who

(

a) are eligible to vote, as specified in the bylaws, and

(

b) cast votes by ballot in accordance with the bylaws.

SECTION 18: [Foresters Act,

section 11]

authorizes the council to make resolutions to establish and administer quality assurance programs for continuing education and peer or practice review;

authorizes the council to make resolutions to set annual membership fees;

authorizes the council to make resolutions to establish certification schemes and removes the requirement that such schemes be voluntary.

Section 11 (1) is amended

(

a) by adding the following paragraph:

(a.1) the establishment and administration of quality assurance programs in areas of continuing education and peer or practice review, including

(

i) the requirements that must be met in order to participate in and complete a quality assurance program, and

(ii) the development of quality assurance programs in concert with the governing bodies for other professions; ,

(

b) in paragraph (

c) by striking out " other than the annual membership fees, " and substituting " including the annual membership fees, ", and

(

c) by repealing paragraph (

m) and substituting the following:

(

m) the establishment and administration of certification schemes for technical occupations related to the practice of professional forestry, including establishing, monitoring and enforcing

(

i) standards, policies and procedures for certification, and

(ii) qualifications of candidates for certification, including the subjects of study, the examinations to be passed, and the experience in forestry required of applicants for certification; .

SECTION 19: [Foresters Act,

section 11] repeals a spent provision.

Section 11 (2) is repealed.

SECTION 20: [Foresters Act,

section 16.1] authorizes the council to grant certificates of

accreditation.

20 The following

section is added:

Certificate of accreditation

(

a) is a member of a class listed in

section 13 (a), (b), (

d) or (e), and

(

b) meets the relevant requirements of the resolutions.

(2) A certificate of accreditation must conspicuously state

(

a) the title and designation that the certificate holder is entitled to use, and

(

b) any limitations on practice specified in the granting of the certificate.

SECTION 21: [Foresters Act,

section 17] authorizes the council to cancel a person's certificate

of accreditation if the person fails to pay fees or other charges.

Section 17 (2) is amended by striking out " or " at the end of paragraph (

c) and by adding the following paragraph:

(c.1) a certificate holder, cancel the person's certificate of accreditation, or .

SECTION 22: [Foresters Act,

section 18] requires the registrar to issue certificates of accreditation

and makes those certificates subject to the same requirements that

apply to certificates of registration under this section.

Section 18 (2) is amended

(

a) by striking out " Certificates of registration, " and substituting " Certificates of registration, certificates of accreditation, ",

(

b) in paragraph (

b) by striking out " of registration " and substituting " of registration or certification ", and

(

c) by repealing paragraph (

c) and substituting the following:

(

c) must be returned to the association on demand if,

(

i) in the case of a registered member, the registered member ceases to practise or has their registration suspended or cancelled, and

(ii) in the case of a certificate holder, the certificate holder ceases to practise or has their certificate of accreditation suspended or cancelled.

SECTION 23: [Foresters Act,

section 19] changes the formatting of the

section and adds the

titles "accredited timber cruiser" and "accredited timber evaluator" and the

corresponding designations "ATC" and "ATE".

Section 19 is amended

(

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

(2) Only members of the association who are acting as authorized by the bylaws or the resolutions may use or assume the following titles or designations, either alone or in combination with other words:

(a) "professional forester", "registered professional forester", or "RPF";

(b) "transferring professional forester";

(c) "visiting professional forester";

(d) "registered forest technologist" or "RFT";

(e) "forester in training" or "FIT";

(f) "forestry pupil" or "FP";

(g) "trainee forest technologist" or "TFT";

(h) "accredited timber cruiser" or "ATC";

(i) "accredited timber evaluator" or "ATE". , and

(

b) in subsection (3) by striking out " an enrolled member or the holder of a special permit granted under this Act " in both places and substituting " an enrolled member, a special permit holder or a certificate holder " and by adding " or permit to be assumed, used or advertised in any manner, " after " in any manner, ".

SECTION 24: [Foresters Act,

section 20]

adds the following to the list of persons in

section 20 (1) who are authorized to practice professional forestry: a registered forest technologist, a certificate holder and an enrolled member who is acting under the supervision of a registered forest technologist or a special permit holder;

authorizes certificate holders to independently carry out aspects of the practice of professional forestry if carrying out functions authorized under the bylaws.

Section 20 is amended

(

a) by repealing subsection (1) (

a) to (

c) and substituting the following:

(

a) admitted under

section 14 as a professional forester,

(

b) a registered forest technologist acting in accordance with subsection (2) of this section,

(

c) the holder of a special permit allowing the person to engage in the practice of professional forestry,

(

d) a certificate holder acting in accordance with subsection (3) of this section, or

(

e) an enrolled member acting under the supervision of

(

i) a person described in paragraph (

a) or (

c) of this subsection, or

(ii) a registered forest technologist who is acting in accordance with subsection (2) (

a) of this section. , and

(

b) by adding the following subsection:

(3) A certificate holder may engage independently in aspects of the practice of professional forestry if carrying out functions described in the bylaws for this purpose.

SECTION 25: [Foresters Act,

section 27] makes certificates of accreditation subject to the

same discipline actions that apply to an enrollment, a registration or a special

permit.

Section 27 (4) (c), (

d) and (

e) is amended by striking out " registration or special permit " and substituting " registration, special permit or certificate of accreditation ".

SECTION 26: [Foresters Act,

section 32] makes it an offence for a non-certificate holder to

use the title "accredited timber cruiser" or "accredited timber evaluator" or the

corresponding designation "ATC" or "ATE".

Section 32 is amended

(

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

(1) A person who contravenes

section 19 (2) or (3) commits an offence. ,

(

b) in subsection (2) by striking out " an enrollment or a special permit under this Act " and substituting " an enrollment, a special permit or a certificate of accreditation ", and

(

c) in subsection (3) by striking out " an enrollment or a special permit " and substituting " an enrollment, a special permit or a certificate of accreditation ".

Greenhouse Gas Reduction (Emissions Standards)

Statutes Amendment Act, 2008

SECTION 27: [Greenhouse Gas Reduction (Emissions Standards) Statutes Amendment

Act, 2008,

section 13] repeals unnecessary

definitions.

Section 13 (

a) of the Greenhouse Gas Reduction (Emissions Standards) Statutes Amendment Act, 2008, S.B.C. 2008, c. 20, is repealed.

Miscellaneous Statutes Amendment Act (No. 2), 2000

SECTION 28: [Miscellaneous Statutes Amendment Act (No. 2), 2000, sections 13 and 14]

repeals not-in-force amendments to sections 48 and 49 of the Forest Act .

28 Sections 13 and 14 of the Miscellaneous Statutes Amendment Act (No. 2), 2000, S.B.C. 2000, c. 26, are repealed.

Miscellaneous Statutes Amendment Act (No. 2), 2011

SECTION 29: [Miscellaneous Statutes Amendment Act (No. 2), 2011, sections 71, 72, 97

and 98] repeals inoperative provisions.

29 Sections 71 (b), 72 (b), 97 and 98 of the Miscellaneous Statutes Amendment Act (No. 2), 2011, S.B.C. 2011, c. 13, are repealed.

Resort Timber Administration Act

SECTION 30: [Resort Timber Administration Act, sections 1, 3 and 4] replaces all references

in the Act to forests and range ministry statutes with forestry statutes.

30 The following provisions of the Resort Timber Administration Act, S.B.C. 2006, c. 30, are amended by striking out " forests and range ministry statutes " wherever it appears and substituting " forestry statutes ":

(

a) section 1, in the

definitions of "forests and range ministry statutes" and "specified enactment" ;

(b)

section 3 (3);

(c)

section 4 (2) (b).

SECTION 31: [Resort Timber Administration Act,

section 1] adds new

definitions and

repeals a definition consequential to amendments made to the Act by this Bill.

Section 1 is amended

(

a) by adding the following

definitions:

"Crown timber" means timber reserved to the government;

"private land" has the same meaning as in the Forest Act ; , and

(

b) by repealing the definition of "tourism minister" .

SECTION 32: [Resort Timber Administration Act,

section 2] authorizes the minister to delegate

powers and duties under the Act to a person in any ministry of the government.

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

(1) The minister, by conditional or unconditional written authority, may delegate the minister's powers and duties under this Act to a person employed in any ministry of the government.

SECTION 33: [Resort Timber Administration Act,

section 3] removes references to tourism.

Section 3 is amended by striking out " tourism " wherever it appears.

SECTION 34: [Resort Timber Administration Act,

section 4] provides authority to designate

private land as a controlled recreation area if the timber on the private land is

reserved to the government.

Section 4 (2) (

a) is repealed and the following substituted:

(

a) designating as a controlled recreation area an area that consists of one or both of the following:

(

i) Crown land;

(ii) private land on which Crown timber is located,

(a.1) cancelling the designation of an area as a controlled recreation area or amending the boundaries of a controlled recreation area, and .

Commencement

35 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item

Column 1

Provisions of Act

Column 2

Commencement

Anything not elsewhere covered by this table

The date of Royal Assent

Sections 3 to 5

By regulation of the Lieutenant Governor in Council

Explanatory Notes

SECTION 1: [Forest Act,

section 1] adds

definitions that are being moved by this Bill from

section 13.1 of the Act.

SECTION 2: [Forest Act,

section 13.1] repeals

definitions that are being moved by this Bill

section 1 (1) of the Act.

SECTION 3: [Forest Act,

section 45] clarifies the minister's discretion to include private

land in a woodlot licence area.

SECTION 4: [Forest Act,

section 47.1] provides the minister with the discretion to add or

remove private lands from a woodlot licence area.

SECTION 5: [Forest Act,

section 47.3] implements amendments intended under the Greenhouse

Gas Reduction (Emissions Standards) Statutes Amendment Act, 2008

that were rendered inoperative.

SECTION 6: [Forest Act,

section 47.5]

replaces references to the regional manager, district manager or forest officer with references to the minister;

extends from 5 years to 10 years the maximum term of a master licence to cut;

provides that a cutting permit issued under an expired master licence to cut must be assigned to a new master licence to cut if the new master licence to cut is issued to the same holder and other specified requirements are met.

SECTION 7: [Forest Act,

section 49]

extends from 1 year to 5 years the maximum term of a free use permit issued in relation to a mineral claim or coal licence;

replaces a reference to a forest officer with a reference to the minister.

SECTION 8: [Forest Act,

section 76] makes amendments to correct references to the minister.

SECTION 9: [Forest Act,

section 77] removes references to the chief forester, regional

manager and district manager.

SECTION 10: [Forest Act,

section 103] is consequential to amendments made to

section 106

by this Bill.

SECTION 11: [Forest Act,

section 106] authorizes the minister to require agreement holders

to submit information to the government for the purposes of calculating the

amount of stumpage payable when using information provided by a timber

cruise.

SECTION 12: [Foresters Act,

section 1] adds to the Act

definitions for "certificate holder"

and "certificate of accreditation".

SECTION 13: [Foresters Act,

section 2] repeals a provision that is spent.

SECTION 14: [Foresters Act,

section 4] specifies the objects of the association respecting

certification and removes the requirement that certification schemes be voluntary.

SECTION 15: [Foresters Act,

section 9]

removes the power to make bylaws establishing quality assurance programs for continuing education and peer or practice review, consequential to amendments made by this Bill that authorize the council to establish these programs by way of resolution;

authorizes the council to make bylaws regulating the issuance, display and return of certificates of accreditation;

removes the power to make bylaws to set annual membership fees, consequential to amendments made by this Bill that authorize the council to set these fees by way of resolution.

SECTION 16: [Foresters Act,

section 9] authorizes the council to make bylaws respecting

the rejection of applications for certificates of accreditation.

SECTION 17: [Foresters Act,

section 10] specifies the requirements for ratifying bylaws.

SECTION 18: [Foresters Act,

section 11]

authorizes the council to make resolutions to establish and administer quality assurance programs for continuing education and peer or practice review;

authorizes the council to make resolutions to set annual membership fees;

authorizes the council to make resolutions to establish certification schemes and removes the requirement that such schemes be voluntary.

SECTION 19: [Foresters Act,

section 11] repeals a spent provision.

SECTION 20: [Foresters Act,

section 16.1] authorizes the council to grant certificates of

accreditation.

SECTION 21: [Foresters Act,

section 17] authorizes the council to cancel a person's certificate

of accreditation if the person fails to pay fees or other charges.

SECTION 22: [Foresters Act,

section 18] requires the registrar to issue certificates of accreditation

and makes those certificates subject to the same requirements that

apply to certificates of registration under this section.

SECTION 23: [Foresters Act,

section 19] changes the formatting of the

section and adds the

titles "accredited timber cruiser" and "accredited timber evaluator" and the

corresponding designations "ATC" and "ATE".

SECTION 24: [Foresters Act,

section 20]

adds the following to the list of persons in

section 20 (1) who are authorized to practice professional forestry: a registered forest technologist, a certificate holder and an enrolled member who is acting under the supervision of a registered forest technologist or a special permit holder;

authorizes certificate holders to independently carry out aspects of the practice of professional forestry if carrying out functions authorized under the bylaws.

SECTION 25: [Foresters Act,

section 27] makes certificates of accreditation subject to the

same discipline actions that apply to an enrollment, a registration or a special

permit.

SECTION 26: [Foresters Act,

section 32] makes it an offence for a non-certificate holder to

use the title "accredited timber cruiser" or "accredited timber evaluator" or the

corresponding designation "ATC" or "ATE".

SECTION 27: [Greenhouse Gas Reduction (Emissions Standards) Statutes Amendment

Act, 2008,

section 13] repeals unnecessary

definitions.

SECTION 28: [Miscellaneous Statutes Amendment Act (No. 2), 2000, sections 13 and 14]

repeals not-in-force amendments to sections 48 and 49 of the Forest Act .

SECTION 29: [Miscellaneous Statutes Amendment Act (No. 2), 2011, sections 71, 72, 97

and 98] repeals inoperative provisions.

SECTION 30: [Resort Timber Administration Act, sections 1, 3 and 4] replaces all references

in the Act to forests and range ministry statutes with forestry statutes.

SECTION 31: [Resort Timber Administration Act,

section 1] adds new

definitions and

repeals a definition consequential to amendments made to the Act by this Bill.

SECTION 32: [Resort Timber Administration Act,

section 2] authorizes the minister to delegate

powers and duties under the Act to a person in any ministry of the government.

SECTION 33: [Resort Timber Administration Act,

section 3] removes references to tourism.

SECTION 34: [Resort Timber Administration Act,

section 4] provides authority to designate

private land as a controlled recreation area if the timber on the private land is

reserved to the government.

Copyright (

c) Queen’s Printer, Victoria, British Columbia, Canada