BILL 18 – 2007
FORESTS AND RANGE STATUTES AMENDMENT ACT, 2007

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

 
Forest Act

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

"allowable annual cut available" means the portion of the allowable annual cut in respect of a tree farm licence area that is accessible by the holder of the tree farm licence after taking the following into account in accordance with the regulations or in accordance with an agreement authorized under section 151 (2) (a.2):

(a) a reservation referred to in section 35 (1) (h) or (n);

(b) a deletion of Crown land from the tree farm licence area under section 39.1 of the Act respecting a reduction under paragraph (d) or a reservation under paragraph (a);

(c) except for the purposes of sections 69 and 70, a reduction under one or both of those sections;

(d) a reduction under section 3 (3) of the Forestry Revitalization Act; .

2 Section 1 (1) is amended

(a) in the definition of "major licence" by repealing paragraph (a) and substituting the following:

(a) a timber sale licence that was issued under section 23 (1) (a) before its repeal, , and

(b) by repealing the definition of "management plan".

3 The following section is added:

Delegation

1.1 (1) Subject to a regulation made under section 151 (2) (b.1), the minister, in writing, may

(a) delegate a power or duty of the minister under this Act, including a quasi-judicial power or duty, to

(i) a person employed in a ministry,

(ii) a class of persons employed in a ministry, or

an agent of the Crown,

(b) provide directions that are binding on the delegate respecting the exercise of the power or the performance of the duty, and

(c) vary or revoke a delegation or direction.

(2) In respect of a power or duty delegated under this section, this Act and the regulations apply to the delegate as they apply to the minister.

(3) A delegate, if not prohibited by a direction of the minister under subsection (1) (b), may subdelegate the power or duty to

(a) a person employed in a ministry,

(b) a class of persons employed in a ministry, or

(c) an agent of the Crown.

4 The following section is added:

Adjusting the allowable annual cut

8.1 (1) The allowable annual cut is adjusted as prescribed in the regulations as follows:

(a) for the Crown land in a timber supply area, excluding tree farm licence areas, community forest agreement areas and woodlot licence areas,

(i) if the minister makes an order under section 7 (b) respecting the timber supply area, or

(ii) in other prescribed circumstances;

(b) for a tree farm licence area

(i) if the minister replaces or amends the tree farm licence under section 39 (2) or (3), subject to section 39 (6),

(ii) if the minister changes the boundary or area of the tree farm licence under section 39.1, or

(iii) in other prescribed circumstances.

(2) An adjustment to the allowable annual cut referred to in subsection (1) is effective until the next allowable annual cut determination is made under section 8 for the timber supply area or tree farm licence area.

5 Section 13 is amended

(a) in subsection (1) (a) by striking out "and" at the end of subparagraph (i), by adding "and" at the end of subparagraph (ii) and by adding the following subparagraph:

(iii) who is in a category of applicants established by regulation, if the application is for a non-replaceable forest licence and the minister has specified that applications for those licences must only be accepted from one or more categories of applicants established by regulation as set out in subsection (2.1), , and

(b) by adding the following subsection:

(2.1) The minister may specify that applications for a non-replaceable forest licence must only be invited, under subsection (2), from one or more categories of applicants as established by regulation.

6 Sections 14 (h), 15 (3) (e), 30 (g), 35 (1) (o), 36 (3) (d), 41 (1) (g), 45 (1) (f) (iii) (B), 46 (3) (d), 49 (2) (f) and 50 (1) (c) are amended by striking out "this Act and the regulations, the Forest and Range Practices Act and the regulations and the standards made under that Act," and substituting "this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts,".

7 Section 15 is amended

(a) by repealing subsection (1.1) and substituting the following:

(1.1) During the period beginning 6 months after the fourth anniversary of a forest licence and ending on the ninth anniversary, the minister or a person authorized by the minister may offer the holder of the forest licence a replacement for it, after first giving the holder at least 2 months' notice of intent to offer the replacement. ,

(b) in subsection (2) by striking out "Despite subsection (1)," and substituting "Despite subsection (1.2),",

(c) by repealing subsection (3) (a) (i) and substituting the following:

(i) if the forest licence is replaced under subsection (1.1), on the earlier of

(A) the next anniversary of the existing forest licence being replaced under the offer, and

(B) the immediate past anniversary of the existing forest licence being replaced under the offer, if the minister or a person authorized by the minister and the holder of the forest licence agree in writing,

(i.1) if the forest licence is replaced under subsection (1.2), on the tenth anniversary of the existing forest licence being replaced under the offer, or , and

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

(4) A notice of intent to offer a replacement referred to in subsection (1.1) and an offer of replacement made under subsection (1.2) must be published in the prescribed manner.

8 Sections 15 (2) (b) (iv) and (c) (iii) (D), 36 (2) (b) (iv) and (c) (iii) (D) and 46 (2) (b) (iv) and (c) (iii) (D) are amended by striking out "requirement of the Forest and Range Practices Act or the regulations or the standards made under that Act" and substituting "requirement under this Act, the Forest and Range Practices Act or the Wildfire Act".

9 Section 16 (4) is amended by striking out "the chief forester approves" and by adding "is approved under section 35.2" after "the proposed tree farm licence".

10 Sections 22 (g), 43.8 (h) and 47.7 (h) are amended by striking out "this Act and the regulations," and substituting "this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts,".

11 Section 30 (d) is amended by striking out "management plan approved under it," and substituting "management plan for the tree farm licence approved under section 35.2,".

12 Section 33 (10) is amended by striking out "the chief forester approves" and by adding "is approved under section 35.2" after "the proposed tree farm licence area".

13 Section 35 (1) is amended

(a) by repealing paragraph (d), and

(b) in paragraph (f) by striking out "the portion of".

14 Section 35 (1) (h) (iv) is amended by striking out "forest licences, timber sale licences" and substituting "timber sale licences".

15 The following section is added:

Management plan for tree farm licence

35.2 (1) A management plan for a tree farm licence may be approved in accordance with the regulations if the management plan

(a) is submitted in accordance with the regulations, and

(b) conforms to prescribed requirements.

(2) A management plan approved under subsection (1)

(a) is effective for the period of time specified in the regulations, and

(b) may be replaced or extended in accordance with the regulations.

(3) The tree farm licence holder must comply with a management plan approved under subsection (1) or replaced or extended under subsection (2).

(4) The requirements in a tree farm licence respecting the content of a management plan do not apply to a management plan approved under subsection (1) or replaced or extended under subsection (2).

(5) A management plan for a tree farm licence that is in effect when this section comes into force

(a) is deemed to be approved under subsection (1), and

(b) despite subsection (4), must comply with the requirements in the tree farm licence respecting management plans until the management plan is replaced under subsection (2).

16 Section 36 is amended

(a) by repealing subsection (1.1) and substituting the following:

(1.1) During the period beginning 6 months after the fourth anniversary of a tree farm licence and ending on the ninth anniversary, the minister may offer the holder of the tree farm licence a replacement for it, after first giving the holder at least 2 months' notice of intent to offer the replacement. ,

(b) in subsection (2) by striking out "Despite subsection (1)," and substituting "Despite subsection (1.2),",

(c) by repealing subsection (3) (b) (i) and substituting the following:

(i) if the tree farm licence is replaced under subsection (1.1), on the earlier of

(A) the next anniversary of the existing tree farm licence being replaced under the offer, and

(B) the immediate past anniversary of the existing tree farm licence being replaced under the offer, if the minister or a person authorized by the minister and the holder of the tree farm licence agree in writing,

(i.1) if the tree farm licence is replaced under subsection (1.2), the tenth anniversary of the existing tree farm licence being replaced under the offer, or , and

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

(4) A notice of intent to offer a replacement referred to in subsection (1.1) and an offer of replacement made under subsection (1.2) must be published in the prescribed manner.

17 Section 39 (5) (e) and (6) is repealed and the following substituted:

(6) If the minister makes a replacement or amendment referred to in subsection (2) or (3), the total of the allowable annual cuts, after the replacements, amendments or both, of all of the tree farm licences involved must remain the same as it was before any replacements or amendments under this section.

18 Section 43.1 is amended in the definition of "probationary community forest agreement" by adding "or 43.51" after "section 43.2".

19 Sections 43.3 (h) and 43.4 (5) (c) are amended by striking out "this Act and the regulations, the Forest and Range Practices Act and the regulations and standards under that Act." and substituting "this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts."

20 Section 43.51 is amended

(a) in subsection (1) by striking out "minister, without accepting applications from other persons, may direct the regional manager or district manager to enter" and substituting "regional manager or district manager may enter", and

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

(2) Before entering into a probationary community forest agreement under subsection (1) with the representative of a first nation, the regional manager or district manager must be satisfied that the intended holder of the probationary community forest agreement is a person or other legal entity and has been appointed by the first nation as its representative.

(2.1) After a probationary community forest agreement has been entered into under subsection (1) with a first nation or its representative, the regional manager or district manager may, if it furthers the objectives set out in subsection (1) (a), and with the consent of the holder of the probationary community forest agreement, do one or both of the following:

(a) increase the area covered by the probationary community forest agreement;

(b) extend the term of the probationary community forest agreement, but the total term of the agreement must not exceed 10 years.

21 Section 43.6 is amended by adding "and in section 47.3" after "In this Division".

22 Sections 44 (5) (a) and 46.1 are repealed.

23 Section 45 (1) (g) is amended by striking out "this Act and the regulations, the Forest and Range Practices Act and the regulations and the standards made under that Act," and substituting "this Act, the Forest and Range Practices Act, the Forest Practices Code of British Columbia Act, the Wildfire Act and any regulations or standards made under those Acts,".

24 Section 47.3 is repealed and the following substituted:

Direct award of specified licences

47.3 (1) The regional manager or district manager may enter into a forest licence, community salvage licence, woodlot licence or forestry licence to cut if the licence

(a) provides that it is entered into with a first nation or its representative to implement or further an agreement between the first nation and the government respecting treaty-related measures, interim measures or economic measures, or

(b) is entered into with a person to mitigate the effects on that person of

(i) a treaty,

(ii) a specification of a designated area under Part 13, or

(iii) an agreement with a first nation and the government respecting treaty-related measures, interim measures or economic measures.

(2) Before entering into a licence under subsection (1) with the representative of a first nation, the regional manager or district manager must be satisfied that the intended holder of the licence is a person or other legal entity and has been appointed by the first nation as its representative.

(3) After a licence has been entered into under subsection (1) with a first nation or its representative, the regional manager or district manager may, if it furthers the objectives set out in subsection (1) (a), and with the consent of the holder of the licence, do one or both of the following:

(a) increase

(i) the allowable annual cut or the maximum harvestable volume, or both, specified in the licence, if the licence is a forest licence,

(ii) the maximum volume of qualifying timber and the maximum harvestable volume, if the licence is a community salvage licence,

(iii) the maximum harvestable volume, if the licence is a forestry licence to cut,

(iv) the area covered by the licence if the licence is a community salvage licence or a forestry licence to cut, or

(v) subject to section 45 (1) (b) (ii), the area covered by the licence if the licence is a woodlot licence;

(b) extend the term of the licence, if the licence is a forest licence, community salvage licence or forestry licence to cut.

(4) The extension of the term of a licence under subsection (3) (b) must not result in the total term of the licence exceeding

(a) 10 years, if the licence is a community salvage licence or a forestry licence to cut, or

(b) 20 years, if the licence is a forest licence.

25 Section 47.5 is amended

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

(ii) are consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts. , and

(b) by repealing subsection (2) (d) (ii) and substituting the following:

(ii) are consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts.

26 Section 47.8 is amended by adding "available" after "portions of the allowable annual cut".

27 Section 47.8 (c) is amended by adding "or (3)" after "section 47.6 (2)".

28 Section 49 (2) (f) is amended by striking out "must contain" and substituting "may contain".

29 Section 52 (2) (b) is amended by striking out "must include" and substituting "may include" and by striking out "this Act and the regulations, and the Forest and Range Practices Act and the regulations and the standards under that Act." and substituting "this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts."

30 Section 54.2 (1) is amended by striking out "21 days" and substituting "7 days".

31 Section 54.7 (4) (a) is amended by striking out "to the disposition of the licence," and substituting "to the disposition of the private land or the disposition of the interest in the private land,".

32 Section 58.1 is amended

(a) by repealing subsections (1) and (2) and substituting the following:

(1) The holder of a timber sale licence that

(a) has a term of less than 4 years, and

(b) was entered into on or after November 4, 2003

may apply in writing to the timber sales manager for an extension of the term of the licence for a period that

(c) does not exceed one year, and

(d) does not result in a term of more than 4 years for that licence.

The holder of a cutting permit that

(a) has a term of less than 4 years,

(b) is not issued under a licence to cut, and

(c) was entered into on or after November 4, 2003

may apply in writing to the district manager for an extension of the term of the permit for a period that

(d) does not exceed one year, and

(e) does not result in a term of more than 4 years for that permit. ,

(b) in subsection (3) (c) by striking out "subsection (5)." and substituting "subsection (5) and, if applicable, subsection (5.1).",

(c) in subsection (5) (c) by striking out "in accordance with a prescribed formula." and substituting "in accordance with one or more prescribed formulas.",

(d) by adding the following subsection:

(5.1) If the holder of a timber sale licence harvested timber under the licence before applying to extend the term of the licence under subsection (1), the fee payable under subsection (5) (a) or (b) is reduced, to a maximum of 90%, by the percentage derived from the following formula:

(e) by repealing subsection (9) and substituting the following:

(9) The term of a timber sale licence or cutting permit to which this section applies must not be extended except in accordance with this section.

33 Section 58.2 is amended

(a) in subsection (1) by striking out "before the coming into force of this section," and substituting "before November 4, 2003,", and

(b) by repealing subsection (4).

34 The following section is added:

Postponement of operation of cutting permits

58.21 (1) On application by the holder of a cutting permit that was issued on or after November 4, 2003, the minister, for a forest management reason specified in the regulations, may postpone the operation of the cutting permit for a period of up to 2 years.

(2) The effective date of a postponement under subsection (1) is the date determined by the minister that is on or after the date of application for the postponement.

(3) Despite subsection (2), the effective date of a postponement under subsection (1) for a cutting permit

(a) that was issued on or after November 4, 2003 and before June 1, 2007, and

(b) that has less than 2 years' time remaining on its term from the date of the application for the postponement to the expiration date of the cutting permit,

is the date that is the later of

(c) the date that timber harvesting under the cutting permit ceased, if harvesting under the cutting permit took place, and

(d) the date that is 2 years before the expiration date of the cutting permit, if no harvesting under the cutting permit took place during that 2 year period.

(4) On application by the holder of a cutting permit that had its operation postponed under subsection (1), the minister, in accordance with subsection (1), may grant further extensions to the period of postponement, each for a period not exceeding 2 years.

(5) The holder of a cutting permit that had its operation postponed under subsection (1) must not exercise any of the rights granted by the cutting permit during the period of postponement, including any extensions to the period of postponement granted under subsection (4).

(6) Despite subsection (5), the holder of a cutting permit that had its operation postponed under subsection (1) is liable to perform all obligations imposed under this Act, the Forest and Range Practices Act, the Forest Practices Code of British Columbia Act or the Wildfire Act in respect of the cutting permit that were incurred before the operation of the cutting permit was postponed.

(7) On application by the holder of a cutting permit that had its operation postponed under subsection (1), the minister must rescind the postponement of the cutting permit.

(8) If the postponement of a cutting permit is rescinded under subsection (7),

(a) all rights under the cutting permit are exercisable by the holder of the cutting permit,

(b) despite any contrary information in the cutting permit, the period of time remaining on the term of the cutting permit on the date the postponement is rescinded is equal to the period of time that remained on the term of the cutting permit on the effective date of the postponement under subsection (1), and

(c) the operation of the cutting permit must not be postponed again under subsection (1), nor the period of postponement extended under subsection (4).

35 Section 68 is amended by striking out ", in an approved management plan," and substituting ", in a management plan approved under section 35.2,".

36 Section 69 (1) (a) is amended by striking out "or a management plan approved under it".

37 Section 69 (3) is amended by striking out "or a management plan approved under it," and by striking out "or in the management plan approved under it".

38 Section 72 (3) (b) is amended by striking out "500 m³." and substituting "2 000 m³."

39 Sections 72 (7) and 73 (6) are amended by striking out "this Act or the Forest and Range Practices Act." and substituting "this Act, the Forest and Range Practices Act or the Wildfire Act."

40 The following section is added:

Cut control period for short term licences that are extended

75.22 (1) In this section, "licence" means a forest licence originally having a term ending 5 years or less after its commencement date.

(2) On the date the term of a licence is extended under section 47.3 (3) (b) beyond 5 years from the commencement date,

(a) if the licence specifies an allowable annual cut greater than 10 000 m3, section 75.4 (2) to (7) applies to the licence,

(b) if the licence specifies an allowable annual cut of 10 000 m3 or less, section 75.5 (2) to (5) applies to the licence, and

(c) the first cut control period for a licence described in paragraph (a) or (b) as determined under section 75.4 (2) or 75.5 (2), as the case may be, is based on the commencement date of the term of the licence.

41 Section 75.4 is amended

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

(a.1) a woodlot licence that has a term of more than 5 years, or ,

(b) in subsection (1) by repealing paragraph (b),

(c) in subsection (2) by striking out "The first cut control period for a licence that is" and substituting "The first cut control period for a licence, other than a woodlot licence, that is",

(d) by adding the following subsections:

(2.1) The first cut control period for a licence that is a woodlot licence, and is not a replacement for another woodlot licence, is 5 years beginning on

(a) the first day of a month designated by the district manager, or

(b) if the district manager does not designate a month under paragraph (a), January 1

of the calendar year in which the term of the woodlot licence begins.

(4.1) The holder of a licence that is a woodlot licence may terminate

(a) the first cut control period for the licence, and

(b) any subsequent cut control period for the licence determined under this section

by written notice to the district manager or another person authorized by the district manager, delivered between the last anniversary date of the beginning of the cut control period for the licence and 6 months after that date.

(5.1) If the holder of a licence that is a woodlot licence terminates a cut control period under subsection (4.1),

(a) the termination takes effect on the day immediately preceding the last anniversary date of the beginning of the cut control period for the licence, and

(b) a new cut control period of 5 years for the licence begins on the last anniversary date. ,

(e) in subsection (3) by striking out "section 15 or 36" and substituting "section 15, 36 or 46",

(f) in subsection (4) by striking out "The holder of a licence may terminate" and substituting "The holder of a licence, other than a woodlot licence, may terminate",

(g) in subsection (5) by striking out "If the holder of a licence terminates" and substituting "If the holder of a licence, other than a woodlot licence, terminates", and

(h) in subsection (6) by adding "or (4.1)" after "subsection (4)".

42 Section 75.41 (1) is amended

(a) by striking out "that for that period are",

(b) in paragraph (a) by adding "for that period" after "authorized for the licence", and

(c) in paragraph (b) by adding "for that period" after "under the licence".

43 Section 75.41 is amended

(a) in subsection (1) by adding ", other than a woodlot licence," after "The holder of a licence",

(b) in subsection (1) (a) by striking out "timber sale licence or",

(c) by adding the following subsection:

(1.1) The holder of a licence that is a woodlot licence must ensure that the volume of timber harvested during its cut control period does not exceed 120% of the sum of the allowable annual cuts that for that period are authorized for the licence. ,

(d) in subsection (2) by adding "or (1.1)" after "Despite subsection (1)",

(e) in subsection (2) (a) by striking out "timber sale licence or forest licence," and substituting "forest licence or woodlot licence,", and

(f) in subsection (4) by striking out "subsection (1) or (2)" and substituting "subsection (1), (1.1) or (2)".

44 Section 75.5 is amended

(a) in subsection (1) by repealing the definition of "woodlot licence",

(b) by repealing subsection (3),

(c) in subsection (3.1) by striking out "For a licence that is a replacement under section 15 or 46 for another licence," and substituting "For a forest licence that is a replacement under section 15 for another forest licence,", and

(d) in subsections (4) and (5) by striking out "forest licence, timber sale licence or woodlot licence" and substituting "forest licence or timber sale licence".

45 Section 75.51 is amended

(a) in subsections (1) and (2) by striking out "timber sale licence, forest licence or woodlot licence" and substituting "timber sale licence or forest licence", and

(b) in subsection (3) by adding "or" at the end of paragraph (a), by striking out ", or" at the end of paragraph (b) and by repealing paragraph (c).

46 Section 75.6 (1) (a) is amended by striking out "section 75.4, or" and substituting "section 75.4, excluding a woodlot licence, or".

47 Section 75.7 is amended

(a) by striking out "for that period that are",

(b) in paragraph (a) by adding "for that period" after "authorized for the licence", and

(c) in paragraph (b) by adding "for that period" after "under the licence".

48 Sections 75.7, 75.8 (1), 75.9 (1) (a) and 75.91 (1) are amended by striking out "a forest licence, as defined in section 75.5, a timber sale licence, as defined in section 75.5 or a woodlot licence, as defined in section 75.5," and substituting "a forest licence, as defined in section 75.5, or a timber sale licence, as defined in section 75.5,".

49 Section 75.8 is amended

(a) in subsection (1) by striking out "for that period that are",

(b) in subsection (1) (a) by adding "for that period" after "authorized for the licence", and

(c) in subsection (1) (b) by adding "for that period" after "available to the holder".

50 Section 75.8 is amended

(a) in subsection (2) (a) by adding "forestry" before "licence", and

(b) in subsection (2) by adding ", or" at the end of paragraph (b) and by adding the following paragraph:

(c) a non-replaceable forest licence.

51 Section 75.92 is amended by striking out "that is".

52 The following section is added to Division 3.1 of Part 4:

Transitional -- woodlot licence cut control and carry forward

75.96 (1) In this section, "original cut control period" means the cut control period that, under section 75.5 (3), (3.1) or (4), was in effect for a woodlot licence immediately before the repeal of section 75.5 (3) by the Forests and Range Statutes Amendment Act, 2007.

(2) The original cut control period for the woodlot licence is deemed to be the first cut control period under section 75.4 (2.1) having the same beginning date as the original cut control period.

(3) A volume of timber harvested under the woodlot licence in the original cut control period is deemed to be timber harvested in the first cut control period under section 75.4 (2.1).

(4) A volume of timber that was deemed to be timber harvested in the original cut control period under section 75.7 or 75.93 (2) is deemed to be harvested in the first cut control period for the woodlot licence under section 75.4 (2.1).

(5) A volume of timber approved in accordance with section 75.94 for harvesting under the woodlot licence in the original cut control period

(a) is approved for harvesting in the first cut control period under section 75.4 (2.1),

(b) may be harvested only in the first cut control period under section 75.4 (2.1), and

(c) is, for the purposes of the definition of "volume of timber harvested" in section 75.1, not charged to the woodlot licence.

53 Section 76 (1) (d) is amended by striking out "of this Act or the regulations or the Forest and Range Practices Act or the regulations or the standards made under that Act." and substituting "under this Act, the Forest and Range Practices Act, the Forest Practices Code of British Columbia Act or the Wildfire Act."

54 Section 78 (2) (c) is amended by striking out "or" at the end of subparagraph (ii) and by adding the following subparagraph:

(ii.1) the Forest Practices Code of British Columbia Act or a regulation made under that Act, or .

55 Section 78.1 (1) (b) (ii) is amended by striking out "the Forest Practices Code of British Columbia Act or a regulation or standard made under either of them." and substituting "the Forest Practices Code of British Columbia Act, the Wildfire Act or any regulations or standards made under those Acts."

56 Section 79 (1) (c) is amended by striking out "by or under this Act or the regulations or the Forest and Range Practices Act or the regulations or the standards made under that Act" and substituting "under this Act, the Forest and Range Practices Act, the Forest Practices Code of British Columbia Act or the Wildfire Act".

57 Section 80 (2) is amended

(a) by striking out "reduction, deletion or deeming," and substituting "reduction, refusal, deletion or deeming,", and

(b) in paragraph (a) by striking out "68 to 70 and 72 to 74;" and substituting "68 to 70, 72 to 74 and 81.1;".

58 Section 81 (1) (b) (iv) and (2) (c) (iv) is amended by striking out "requirement of the Forest and Range Practices Act or the regulations or the standards made under that Act" and substituting "requirement under this Act, the Forest and Range Practices Act, the Forest Practices Code of British Columbia Act or the Wildfire Act".

59 The following section is added to Part 4:

Refusal of cutting permit or road permit

81.1 If the minister determines that the issuance of a cutting permit or road permit would compromise government objectives as specified by regulation, the person who under this Act has discretion to issue the permit must refuse the application for the permit.

60 Section 83 is amended

(a) in subsections (2) and (3) by adding ", other than a certificate issued in respect of private land that is subject to a tree farm licence, woodlot licence or community forest agreement," after "certificate issued under section 85", and

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

(4) A timber mark held under a certificate or renewal certificate issued under section 85 that is in respect of private land subject to a tree farm licence, woodlot licence or community forest agreement does not expire but

(a) is suspended if, under this Act, the licence or agreement is suspended,

(b) is cancelled if, under this Act, the licence or agreement expires or is surrendered or cancelled, or

(c) subject to subsection (5) of this section, is cancelled if the private land is otherwise no longer subject to the licence or agreement.

(5) If

(a) a certificate or renewal certificate issued under section 85 is in respect of private land subject to a tree farm licence, woodlot licence or community forest agreement, and

(b) subsequently that private land is no longer subject to the licence or agreement but the owner of the land remains the same,

the timber mark held under the certificate expires on the fifth anniversary of the date the private land is no longer subject to the licence or agreement.

61 Section 87 (2) (a) is amended by striking out "section 163 (b) or".

62 Section 118 (d) is amended by striking out "this Act and the regulations and the Forest and Range Practices Act and the regulations and the standards made under that Act." and substituting "this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts."

63 Section 119 (b) is amended by striking out "this Act and the regulations and the Forest and Range Practices Act and the regulations and standards made under that Act." and substituting "this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts."

64 Section 121 (1) is amended by striking out "this Act or the Forest and Range Practices Act" and substituting "this Act, the Forest and Range Practices Act or the Wildfire Act".

65 Section 130 (1.1) (c) is amended by striking out "the Forest and Range Practices Act or the regulations made under that Act," and substituting "the Forest and Range Practices Act, the Forest Practices Code of British Columbia Act or the Wildfire Act,".

66 Section 151 is amended

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

(a.1) for the purpose of the definition of "allowable annual cut available", specifying the criteria, circumstances, rules, methods or formulas to be used in relation to the reservations, deletions or reductions respecting a tree farm licence;

(a.2) authorizing the minister to enter into agreements with one or more tree farm licence holders to offset, in whole or in part, a reduction under section 3 (3) of the Forestry Revitalization Act, or a reservation referred to in section 35 (1) (h) of this Act, with a deletion of Crown land from the tree farm licence area under section 39.1 of this Act;

(b.2) for the purposes of section 8.1,

(i) prescribing the formulas or methods to be used to adjust the allowable annual cut, and

(ii) prescribing additional circumstances in respect of which the allowable annual cut is adjusted;

(i.1) for the purposes of section 35.2, the requirements relating to management plans for tree farm licences, including

(i) the approval of management plans,

(ii) the content of management plans,

(iii) the time limits for submission of management plans or portions of management plans,

(iv) the persons to whom the management plans must be submitted,

(v) public review of and comment on management plans,

(vi) the effective time period of management plans or portions of management plans, and

(vii) matters relating to the replacement or extension of management plans;

(k.3) for the purposes of section 58.21, specifying forest management reasons in respect of which the minister may postpone the operation of a cutting permit; , and

(b) by adding the following subsection:

(10) Without limiting subsection (1.1), the Lieutenant Governor in Council, in respect of regulations under subsection (2) (i.1), may make different regulations for different management plans, including management plans

(a) that relate to different licences or agreements, or

(b) that were in effect when section 35.2 came into force.

67 Section 151 (2) is amended by adding the following paragraphs:

(b.1) for the purposes of section 1.1 (1) (a), specifying which powers and duties of the minister under this Act must not be delegated;

(b.3) for the purposes of section 13 (1) (a) (iii) and (2.1), establishing categories of applicants from whom applications for a non-replaceable forest licence must only be invited;

(m.4) for the purposes of section 81.1, specifying government objectives; .

68 The following section is added:

Criteria for exercise of discretionary powers

151.01 (1) The Lieutenant Governor in Council may make regulations respecting the criteria that a person must use in exercising a discretionary power conferred on the person under this Act.

(2) Criteria prescribed under subsection (1) are in addition to any criteria required by this Act.

69 Section 163 (1) is amended by striking out "94 (1), 105.1," and substituting "94 (1), 105 (5.2), 105.1,".

70 Section 170 (2) (b) and (5) is amended by striking out "this Act or the Forest and Range Practices Act," and substituting "this Act, the Forest and Range Practices Act or the Forest Practices Code of British Columbia Act,".

71 Section 170 (3) is amended

(a) in paragraph (b) by adding "or road use permit" after "a road permit", and

(b) in paragraph (h) by adding "for a tree farm licence, pulpwood agreement or woodlot licence" after "a management plan".

72 Section 174 (a) is amended by striking out "or a regulation under this Act or that Act," and substituting ", the Forest Practices Code of British Columbia Act, the Wildfire Act or any regulations or standards made under those Acts,".

 
Forest and Range Practices Act

73 Section 1 (1) of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is amended by repealing the definitions of "forest practice" and "range practice" and substituting the following:

"forest practice" means a prescribed activity that is carried out by

(a) the government,

(b) a holder of an agreement under the Forest Act, or

(c) a person in a prescribed category of persons

on private land, subject to a tree farm licence, a community forest agreement or a woodlot licence, or on Crown forest land;

"range practice" means

(a) a prescribed activity that is carried out on Crown range by

(i) the holder of an agreement under the Range Act, or

(ii) a person in a prescribed category of persons, and

(b) the activities related to constructing, modifying or maintaining a range development that are carried out on Crown range by a person other than the holder of an agreement under the Range Act; .

74 Section 1 (1) is amended in paragraph (b) of the definition of "objectives set by government" by striking out "under section 93.4" and substituting "objectives established under section 93.4".

75 Section 2 (2) and (3) is repealed.

76 Section 13 (4) is amended by adding "or band" after "on behalf of the corporation".

77 Section 16 is amended

(a) in subsection (2) by striking out "Unless an enactment, whenever enacted, or an objective set by government, whenever established, includes a statement that it applies despite this subsection, a forest stewardship plan" and substituting "A forest stewardship plan" and by adding "that is" after "to either", and

(b) by adding the following subsection:

(2.01) The Lieutenant Governor in Council, by order, may declare that a forest stewardship plan, a woodlot licence plan or an amendment to either that is submitted to the minister for approval, despite subsection (2), must immediately conform to some or all of this Act, the regulations, the standards and the objectives set by government as set out in the order.

78 Section 22.1 (1) (c) (i) is amended by striking out "cutting permit or road permit," and substituting "cutting permit, road permit or forestry licence to cut,".

79 Section 37 (2) is repealed and the following substituted:

(2) A range use plan, a range stewardship plan or an amendment to either that is submitted to the minister for approval must be considered to have conformed to this Act, the regulations, the standards and the objectives set by government if the plan or amendment conforms to the relevant provisions of this Act, the regulations, the standards and the objectives as they were 4 months before the date of the submission of the plan or amendment to the minister.

(2.1) The Lieutenant Governor in Council, by order, may declare that a range use plan, a range stewardship plan or an amendment to either that is submitted to the minister for approval, despite subsection (2), must immediately conform to some or all of this Act, the regulations, the standards and the objectives set by government as set out in the order.

80 Section 46 is amended

(a) in subsection (1) (a) by adding "or" at the end of subparagraph (ii) and by repealing subparagraph (iii),

(b) by adding the following subsection:

(1.1) A person, other than a person described in subsection (1), must not engage in any activity on Crown land that results in damage to the environment, unless in doing so

(a) the person

(i) is acting in accordance with a plan, authorization or permit under this Act,

(ii) is not required to hold a plan or permit because of an exemption under this Act and is acting in accordance with this Act, the regulations and the standards, or

(iii) is acting in accordance with another enactment, and

(b) the person does not know and cannot reasonably be expected to know that, because of weather conditions or site factors, engaging in the activity may result, directly or indirectly, in damage specified by regulation. ,

(c) in subsection (2) by striking out "subsection (1)" and substituting "subsection (1) or (1.1)",

(d) in subsection (3) by adding "or an activity referred to in subsection (1.1)" after "referred to in subsection (1)", and

(e) in subsection (3) (a) by striking out "subsection (1), and" and substituting "subsection (1) or (1.1), as the case may be, and".

81 Section 51 (5) is amended by striking out "the minister must specify" and substituting "the minister may specify".

82 Section 52 (1) (b) is amended by adding ", abating a fire hazard related to wildfires" after "forest health".

83 The following section is added:

Authorization for silviculture, stand tending, forest health or another purpose

52.1 (1) The minister, in respect of an authorization under section 52 (1) (b), may

(a) require the person seeking the authorization to submit the matter for which the authorization is sought for review in accordance with prescribed requirements, and for comments by interested parties during the course of the review,

(b) grant or refuse the authorization, depending on the outcome of a review required under paragraph (a) of this subsection, and

(c) impose pre-conditions or conditions of an authorization that the minister considers necessary or desirable, to be met by the person, including, but not limited to, requiring that the person provide security.

(2) If the minister requires security under subsection (1) (c), the minister may specify

(a) when the security must be paid,

(b) the amount of security that is required,

(c) the form of the security, and

(d) the circumstances under which the security may be realized.

(3) A person who obtains an authorization under section 52 (1) (b) must comply with any conditions of the authorization.

(4) The minister may revoke or vary an authorization under section 52 (1) (b).

84 Section 57 is amended by adding the following subsection:

(2.1) If the minister requires security under subsection (2), the minister may specify

(a) when the security must be paid,

(b) the amount of security that is required,

(c) the form of the security, and

(d) the circumstances under which the security may be realized.

85 Section 74 is amended

(a) in subsection (1) by adding "under section 71" after "If the minister determines", and

by repealing subsection (3) (b) and substituting the following:

carry out the work; .

86 Section 77.1 is amended

(a) in subsection (1) by striking out "and" at the end of paragraph (a), by adding ", and" at the end of paragraph (b) and by adding the following paragraph:

(c) by order given to the holder of a BC timber sales agreement who is operating under the plan, may vary or suspend to the extent the minister considers necessary one or both of the following:

(i) a forest practice;

(ii) a BC timber sales agreement. ,

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

(a) must notify the following of the previously unavailable information:

(i) the holder of the agreement;

(ii) the timber sales manager, if the agreement is a BC timber sales agreement, and ,

(c) in subsection (2) (b) by adding the following subparagraph:

(v) a BC timber sales agreement. , and

(d) in subsection (5) by striking out "section 2 of this Act," and substituting "section 120.1 of this Act,".

87 Section 87 is amended

(a) in subsection (1) by striking out "section 46 (1) or 52 (1) or (3)," and substituting "section 46 (1), 52 (1) or (3) or 112 (3)",

(b) in subsection (3) (a) by striking out "45 (1) or (2), 47," and substituting "45 (1) or (2), 46 (1.1), 47,", and

(c) in subsection (3) (a) by striking out "51 (1), (2) or (6)," and substituting "51 (1), (2) or (6), 52.1 (3),".

88 Section 114 is repealed and the following substituted:

Evidence of designation

114 A document purporting to have been issued by a minister referred to in the definition of "official" in section 1, certifying that the minister has designated a person as an official under this Act, is admissible as evidence of the designation without proof of the signature or official character of the minister purporting to have signed the document.

89 The following Division is added to Part 7:

Division 3 -- Delegation

Delegation power

120.1 (1) Subject to a regulation made under section 141 (3) (b), each of the ministers responsible, respectively, for this Act, Part 7.1 of the Land Act and the Wildlife Act, in writing, may delegate a power or duty of that minister under this Act, including a quasi-judicial power or duty, to

(a) a person employed in a ministry,

(b) a class of persons employed in a ministry, or

(c) an agent of the Crown.

(2) Despite subsection (1), a minister authorized by a regulation of the Lieutenant Governor in Council under section 149.1 (1) (a), 150 (1) (a), 150.1 (1), 150.2 (1) (a) or (b), 150.3 (1) (a) or (b), 150.5 (e), 154 (2) (a) or 157 (2) (d) to exercise a power or perform a duty may delegate that power or duty only to

(a) a person employed in a ministry, or

(b) a class of persons employed in a ministry.

(3) In respect of a power or duty delegated under this section, this Act and the regulations and standards apply to the delegate as if the delegate were the minister who made the delegation.

(4) A minister referred to in subsection (1) or (2) may

(a) provide directions that are binding on the delegate respecting the exercise of the power or the performance of the duty, and

(b) vary or revoke a delegation or direction.

Subdelegation

120.2 (1) Except in prescribed circumstances, a delegate under section 120.1 (1) may subdelegate the power or duty to

(a) a person employed in a ministry,

(b) a class of persons employed in a ministry, or

(c) an agent of the Crown.

(2) Except in prescribed circumstances, a delegate under section 120.1 (2) may subdelegate the power or duty to

(a) a person employed in a ministry, or

(b) a class of persons employed in a ministry.

Evidence of delegation

120.3 A document purporting to have been issued by a minister referred to in section 120.1 (1) or (2), certifying that the minister has made a delegation under this Act, is admissible as evidence of the delegation without proof of the signature or official character of the minister purporting to have signed the document.

90 Section 141 (3) is repealed and the following substituted:

(3) Without limiting subsections (1) and (2), the Lieutenant Governor in Council may make regulations as follows:

(a) defining a word or expression used but not defined in this Act;

(b) for the purposes of section 120.1 (1), specifying which powers and duties of a minister under this Act must not be delegated.

 
Forestry Revitalization Act

91 Section 6 (4) of the Forestry Revitalization Act, S.B.C. 2003, c. 17, is amended by striking out "equal to the value, determined under the regulations, of improvements" and substituting "equal to the value of improvements".

 
Forests Statutes Amendment Act, 1999

92 Section 7 (b) and (d) of the Forests Statutes Amendment Act, 1999, S.B.C. 1999, c. 34, is repealed.

 
Forests Statutes Amendment Act, 2002

93 Section 4 of the Forests Statutes Amendment Act, 2002, S.B.C. 2002, c. 45, is repealed.

 
Range Act

94 Section 1 of the Range Act, S.B.C. 2004, c. 71, is amended

(a) in subsection (2) by striking out "The minister in writing may" and substituting "Subject to a regulation made under section 79 (2) (a.1), the minister, in writing, may",

(b) in subsection (2) (a) by striking out "but not including a prescribed power or duty,",

(c) in subsection (2) (a) by adding "or" at the end of subparagraph (i), by striking out "or" at the end of subparagraph (ii) and by repealing subparagraph (iii), and

(d) in subsection (3) by adding "or" at the end of paragraph (a), by striking out "or" at the end of paragraph (b) and by repealing paragraph (c).

95 Section 79 (2) is amended by adding the following paragraph:

(a.1) for the purposes of section 1 (2) (a), specifying which powers and duties of the minister under this Act must not be delegated; .

 
Wildfire Act

96 Section 1 of the Wildfire Act, S.B.C. 2004, c. 31, is amended by adding the following definition:

"free growing stand" has the same meaning as in the Forest and Range Practices Act; .

97 Section 25 is amended

(a) in subsection (1) by striking out "and" at the end of paragraph (a), by adding ", and" at the end of paragraph (b) and by adding the following paragraph:

(c) determine the costs

(i) that have been or will be incurred by the government in re-establishing a free growing stand as a direct or indirect result of the fire, and

(ii) that have been incurred by the government for silviculture treatments that were rendered ineffective as a direct or indirect result of the fire. , and

(b) in subsection (2) by adding "and the costs determined under subsection (1) (c)" after "amounts determined under subsection (1) (a) and (b)".

98 Section 27 is amended

(a) in subsection (1) by striking out "and" at the end of paragraph (c) and by adding the following paragraph:

(c.1) may determine the costs

(i) that have been or will be incurred by the government in re-establishing a free growing stand as a direct or indirect result of the contravention, and

(ii) that have been incurred by the government for silviculture treatments that were rendered ineffective as a direct or indirect result of the contravention, and ,

(b) in subsection (1) (d) by adding "and the costs determined under paragraph (c.1)" after "amounts determined under paragraphs (b) and (c)", and

(c) in subsection (2) by striking out "and" at the end of paragraph (d) and by adding the following paragraph:

(d.1) any costs determined under subsection (1) (c.1), itemized particulars of those costs and the person's liability under section 130 of the Forest Act to pay those costs, and .

99 Section 28 (3) (b) is repealed and the following substituted:

(b) carry out the work; .

100 Section 52 is repealed.

101 Section 58 is amended

(a) in subsection (1) by striking out "The minister, in writing, may" and substituting "Subject to a regulation made under section 69 (2) (b), the minister, in writing, may", and

(b) in subsection (1) (a) by striking out "but not including a prescribed power or duty".

102 Section 69 (2) is repealed and the following substituted:

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) defining a word or expression used but not defined in this Act;

(b) for the purposes of section 58 (1) (a), specifying which powers and duties of the minister under this Act must not be delegated.

Commencement

103 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: