BILL 7 – 2010
FORESTS AND RANGE STATUTES
AMENDMENT ACT, 2010

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 8 (5) of the Forest Act, R.S.B.C. 1996, c. 157, is amended

(a) by adding "that" before "portions" and by striking out "attributable to" and substituting "are attributable to one or more of the following:",

(b) in paragraphs (a) and (b) by striking out "timber and terrain" and substituting "timber or terrain", and

(c) by striking out ", and" at the end of paragraph (a.1).

2 Section 59.1 is amended

(a) in subsection (3) (a) by striking out "not exceeding 15 years," and substituting "not exceeding the term prescribed in a regulation made under subsection (4) (c),",

(b) in subsection (4) by striking out "specifying" and substituting "as follows:",

(c) in subsection (4) (a) by adding "specifying" before "the innovative" and by striking out "subsection (1), and" and substituting "subsection (1);",

(d) in subsection (4) (b) by adding "specifying" before "the agreements", and

(e) by adding the following paragraph:

(c) prescribing the maximum term of an agreement under subsection (1).

3 The following Division is added to Part 4:

Division 3.01 — Allowable Annual Cut Partition

Definitions

75.01  (1) In this Division:

"allowable annual cut partition" means a portion of the allowable annual cut for a timber supply area or tree farm licence area that is specified by the chief forester under section 8 (5);

"base-level allowable annual cut" means the allowable annual cut that is prescribed for the purposes of this Division;

"exempted licence" means a forest licence that

(a) specifies an allowable annual cut that is less than the base-level allowable annual cut, or

(b) is a non-replaceable forest licence that meets prescribed conditions;

"harvested volume", in relation to a licence to which an order made under section 75.02 applies, means the total of the timber volumes attributed to the licence in statements issued on behalf of the government to the holder of the licence during the term of the order, less prescribed downward adjustments, if any, to those volumes.

(2) In the definition of "harvested volume" in subsection (1), "timber volumes" means the following volumes:

(a) if the timber volume is reported by scale under Part 6 of the Act,

(i) the volume of timber cut under the licence and under road permits associated with the licence, and

(ii) the volume of timber estimated to be wasted or damaged under the licence and under road permits associated with the licence;

(b) if the timber volume is calculated using information from a cruise of the timber before the timber is cut, the volume of timber calculated to have been cut under the licence and under road permits associated with the licence;

(c) the volume of timber attributed to the licence by the regional manager or district manager under a regulation made under section 75.1 (3) (b) or 75.11 (2) (a).

Partition order

75.02  (1) In subsections (2) and (3), "forest licence" means a forest licence that is not an exempted licence.

(2) If the chief forester specifies an allowable annual cut partition for a timber supply area, the minister, by order, may, if he or she considers it necessary to ensure the attribution specified in the partition is carried out, specify a limit on the harvested volume for each forest licence in the timber supply area in respect of one or more of the following:

(a) a type of timber or terrain in parts of Crown land within the timber supply area;

(b) different areas of Crown land within the timber supply area.

(3) If the chief forester specifies an allowable annual cut partition for a tree farm licence area, the minister, by order, may, if he or she considers it necessary to ensure the attribution specified in the partition is carried out, specify a limit on the harvested volume for

(a) the tree farm licence, in respect of one or more of the following:

(i) a type of timber or terrain in parts of Crown land within the tree farm licence area;

(ii) different areas of Crown land within the tree farm licence area;

(iii) a type of timber or terrain in different parts of private land within the tree farm licence area, and

(b) each forest licence in the tree farm licence area, in respect of one or more of the following:

(i) a type of timber or terrain in parts of Crown land within the tree farm licence area;

(ii) different areas of Crown land within the tree farm licence area.

(4) A limit on the harvested volume for a forest licence or tree farm licence must be determined in accordance with the regulations.

(5) An order made under this section must specify

(a) a term not exceeding 5 years,

(b) the allowable annual cut partition relating to the order, and

(c) the harvested volume limit that each licence holder may not exceed during the term of the order.

(6) The regional manager must serve a copy of an order made under this section on the holder of a licence to which the order relates, but the order is not invalid only because it is not served.

(7) Subject to an increase or waiver under section 75.03, the holder of a licence to which an order made under this section applies must ensure that the harvested volume under the licence does not exceed the harvested volume limit specified for that licence in the order.

Increase or waiver of harvested volume limit in order

75.03  (1) On request of the holder of a licence to which an order made under section 75.02 applies, the minister may increase or waive the harvested volume limit specified for that licence if the minister is satisfied that the reasons for the increase or waiver meet prescribed criteria.

(2) A request under subsection (1) must

(a) be signed by, or on behalf of, the requesting person, and

(b) specify the reasons for the request.

Consolidation, subdivision or replacement
of licences subject to an order

75.04  (1) In this section, "original licence" means a forest licence or tree farm licence to which an order made under section 75.02 applies.

(2) If an original licence is replaced under section 19 or 39 by 2 or more other licences, the harvested volume that, before the replacement, was charged to the original licence must be charged to the other licences by allocating that volume among the other licences by the method set out in subsection (3).

(3) The part of the harvested volume to be allocated among each of the other licences must be determined by multiplying that volume by the fraction obtained by dividing the allowable annual cut of that other licence by the allowable annual cut of the original licence.

(4) If 2 or more licences are replaced under section 19 or 39 by one other licence, the harvested volume that, before the replacement, was charged to the original licences must be charged to the other licence.

(5) The minister must amend an order made under section 75.02 to account for an allocation of volume under subsection (2) of this section or a charging of volume under subsection (4) of this section.

(6) If an original licence is a forest licence that is replaced by another forest licence under section 15 or if an original licence is a tree farm licence that is replaced by another tree farm licence under section 36,

(a) the harvested volume that, before the replacement, was charged to the original licence must be charged to the replacement licence, and

(b) the order made under section 75.02 in respect of the original licence applies to the replacement licence as if the replacement licence were the original licence.

Penalty for non-compliance with minister's order

75.05  (1) If the harvested volume limit specified for a licence in an order made under section 75.02 is exceeded, the licence holder must pay to the government the penalty determined under subsection (2) of this section.

(2) The penalty under subsection (1) is the product of

(a) the volume of harvested timber that exceeds the harvested volume limit, and

(b) the prescribed rate.

(3) A penalty under this section is in addition to stumpage payable or another penalty under this Act or another enactment.

Relief from penalty

75.06  (1) On request of the holder of a licence to which an order made under section 75.02 applies, the minister may grant relief from a penalty imposed under section 75.05 if the minister is satisfied that the reasons for the relief meet prescribed criteria.

(2) A request under subsection (1) must

(a) be submitted within 90 days after the date the penalty is imposed under section 75.05 (1),

(b) be signed by, or on behalf of, the requesting person, and

(c) specify the reasons for the request.

Regulation making powers

75.07  (1) Without limiting Division 3 of Part 12, the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing the allowable annual cut referred to in the definition of "base-level allowable annual cut" in section 75.01;

(b) prescribing conditions for the purposes of paragraph (b) of the definition of "exempted licence" in section 75.01;

(c) prescribing percentages or amounts by which the timber volumes attributed to a licence in statements referred to in the definition of "harvested volume" in section 75.01 (1) must be adjusted downward to take into account grades of timber included in the timber volumes described in section 75.01 (2) (a);

(d) specifying the criteria, circumstances, rules, methods or formulas to be used to determine limits on harvested volume under section 75.02;

(e) prescribing criteria for increasing or waiving a harvested volume limit for the purposes of section 75.03;

(f) prescribing penalty rates for the purposes of section 75.05;

(g) prescribing criteria for relief from penalty for the purposes of section 75.06.

(2) A percentage prescribed under subsection (1) (c) may be any percentage within the range of 0% to 100%.

(3) A rate prescribed under subsection (1) (f) may be different for different portions of the volume referred to in section 75.05 (2) (a).

4 Section 75.1 (2) (a) and (b) is repealed and the following substituted:

(a) if the timber volume is reported by scale under Part 6 of the Act,

(i) the volume of timber cut under the licence and under road permits associated with the licence, and

(ii) the volume of timber estimated to be wasted or damaged under the licence and under road permits associated with the licence;

(b) if the timber volume is calculated using information from a cruise of the timber before the timber is cut, the volume of timber calculated to have been cut under the licence and under road permits associated with the licence; .

5 Section 80 (3) is amended by striking out "under section 75.1," and substituting "under section 75.02, 75.1,".

6 Section 93 is amended by repealing the definition of "scale" and substituting the following:

"scale" means to do one or more of the following:

(a) determine the volume or quantity of timber;

(b) classify the quality of timber.

7 Section 94 is amended

(a) in subsection (1) by striking out "A person" and substituting "Subject to section 94.1, a person",

(b) by repealing subsection (3), and

(c) by repealing subsection (5) and substituting the following:

(5) The minister may exempt timber or a person from subsection (1) or (4).

(6) The minister may attach conditions to an exemption under subsection (5) and may attach, remove or alter a condition at any time.

(7) A person who

(a) is subject to an exemption under subsection (5), or

(b) whose timber is subject to an exemption under subsection (5)

must comply with a condition attached to the exemption.

8 Sections 94 (1) and (2), 97 (5) and (6) and 100 (3) are amended by striking out "regional manager, district manager or a forest officer authorized by either of them" wherever it appears and substituting "minister".

9 The following section is added:

Scaling of special forest products

94.1  (1) In this section, "waste assessment" means an assessment, for determining the volumes of merchantable timber and waste left on a harvested area, conducted in accordance with the procedures set out in the publication of the Ministry of Forests and Range, Provincial Logging Residue and Waste Measurement Procedures Manual, as amended from time to time.

(2) If timber is to be manufactured into a special forest product at the place where the timber is felled, the special forest product may be scaled instead of the timber.

(3) A person may, for timber that is cut from Crown land and that under the terms of the authority to cut is required to be scaled,

(a) transport the timber to a place other than the place where it is required to be sent for scaling if the timber is to be manufactured into a special forest product at that place, or

(b) at a place other than the place where the timber is felled, manufacture timber into a special forest product before it is scaled,

if all of the following apply:

(c) the person is authorized to do so by the minister;

(d) a waste assessment for the timber has been approved by the minister;

(e) the person scales the special forest product at a scale site designated by the minister, which may include the site at which the timber is manufactured into the special forest product.

(4) The minister may attach conditions to an authorization granted under subsection (3), and may attach, remove or alter a condition at any time.

(5) A person who is subject to a condition imposed under subsection (4) must comply with the condition.

10 Section 95 (2) is amended by striking out "a regional manager, district manager or forest officer" and substituting "the minister".

11 Sections 95 (3) (b) and (4) and 99 (4) are amended by striking out "regional manager, district manager or forest officer" and substituting "minister".

12 Sections 95 (6), 99 (1) and 102 (1) (a) are amended by striking out "regional manager or district manager" and substituting "minister".

13 Sections 96 and 100 to 102 are amended by striking out "chief forester" wherever it appears and substituting "minister".

14 Section 97 (7) is amended by striking out "regional manager" and substituting "minister".

15 Section 103 (1) (c) is repealed and the following substituted:

(c) the rate of stumpage applicable to the timber under section 105, and .

16 Section 105 is amended

(a) in subsection (1) (c) by striking out "for the forest region", and

(b) by repealing subsections (2) and (5) and substituting the following:

(2) Rates, policies and procedures under subsection (1) may be different for different timber, places, transactions or holders of agreements entered into under this Act, and the policies and procedures referred to in subsection (1) may, for stumpage paid or payable in respect of timber cut under a cutting authority issued after July 31, 2005, provide that the determination, redetermination or variation of a rate of stumpage is effective at any date, including, without limitation, at any date before or after

(a) the harvesting or scaling of the timber in respect of which the stumpage has been or is to be paid, or

(b) the payment of stumpage based on any earlier determined, redetermined or varied rate of stumpage.

(2.1) For the purposes of subsection (2), "cutting authority" has the same meaning as in the policies and procedures approved under subsection (1) (c).

(5) Within 30 days after the minister approves the policies and procedures referred to in subsection (1) (c), they must be posted on a publicly accessible government website or published in any other manner that the minister considers will allow the public to have access to those policies and procedures.

Forest and Range Practices Act

17 Section 67 of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is amended

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

(ii) is being or has been manufactured, sold or transported contrary to section 94 or 94.1 of the Forest Act, ,

(b) by repealing subsection (1) (d), and

(c) in subsection (3) (b) by striking out ", (d)".

Greenhouse Gas Reduction (Emissions Standards) Statutes Amendment Act, 2008

18 Sections 26 and 28 of the Greenhouse Gas Reduction (Emissions Standards) Statutes Amendment Act, 2008, S.B.C. 2008, c. 20, are repealed.

19 Section 29, as it enacts section 94 (3.1) of the Forest Act, R.S.B.C. 1996, c. 157, is amended by striking out "specified by the regional manager or district manager or a forest officer authorized by either of them." and substituting "specified by the minister."

20 Section 30, as it amends section 96 (1) (b) of the Forest Act, is amended by repealing subparagraph (ii) and substituting the following:

(ii) for processed timber referred to in section 94 (3.1) or special forest products referred to in section 94.1 (2) or (3), in the unit of metric measure required by the minister.

Wildfire Act

21 Section 3 (1) of the Wildfire Act, S.B.C. 2004, c. 31, is amended by adding "start or" before "risk starting an open fire".

22 Section 17 is amended

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

(3.1) Either before or after compensation is paid under subsection (1) or (2), the minister, after giving a person referred to in subsection (1) or (2) an opportunity to be heard, may by order determine that the person, or a person acting on the person's behalf, caused or contributed to a fire or to the spread of a fire.

(4) If the minister determines by order under subsection (3.1) that a person or a person acting on the person's behalf caused or contributed to a fire or to the spread of a fire, compensation is not payable under subsection (1) or (2) to that person in respect of that fire.

(4.1) If the minister determines by order under subsection (3.1) that a person or a person acting on the person's behalf caused or contributed to a fire or to the spread of a fire and the government has already paid compensation to that person under subsection (1) or (2), the person must repay to the government the amount paid by the government. , and

(b) in subsection (5) by striking out "subsection (4) to the person who is the subject of the order, accompanied by a copy of the order and informing the person of" and substituting "subsection (3.1) to the person who is the subject of the order, accompanied by a copy of the order and informing the person of the following:", by striking out "and" at the end of paragraph (a), and by adding the following paragraph:

(a.1) if the order is made after compensation has been paid to the person under subsection (1) or (2),

(i) the amount of compensation that was paid by the government under subsection (1) or (2) and must be repaid by the person to the government, and

(ii) the person's liability under section 130 of the Forest Act to pay to the government the amount described under subparagraph (i) of this paragraph; .

23 Section 30 (1) is amended by striking out "If" and substituting "Subject to section 29, if".

24 Sections 33 (1) and 42 (1) are amended by striking out "2 years" and substituting "3 years".

25 Sections 35 (1) (a) and 37 (1) are amended by striking out "17 (4)" and substituting "17 (3.1)".

Commencement

26  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: