BILL 31 – 2008
GREENHOUSE GAS REDUCTION (EMISSIONS STANDARDS) STATUTES
AMENDMENT ACT, 2008
HER
MAJESTY, by and with the advice and consent of the Legislative
Assembly of the Province of British Columbia, enacts as follows:
Environmental
Management
Act
1
Section 1 (1) of the Environmental Management Act, S.B.C.
2003, c. 53, is amended by adding the following definition:
"greenhouse
gas" has the same meaning as in the Greenhouse
Gas Reduction Targets Act; .
2
The following Part is added:
Part 6.1
— Greenhouse Gas Reduction
Division 1
— Definitions
Definitions
76.1
For the purposes of this Part:
"attributable",
in relation to greenhouse gas emissions, means attributable
under the regulations;
"carbon
dioxide equivalent" means the mass of carbon dioxide
that would produce the same global warming impact as a given
mass of another greenhouse gas, as determined in accordance with
the regulations;
"coal-based
generating
facility" means a facility that is prescribed by
regulation as a coal-based generating facility;
"compliance
period" means the period prescribed by regulation for
the purposes of section 76.4 [electricity generation
must have net zero emissions];
"electricity
generating
facility" means a facility that is prescribed by
regulation as an electricity generating facility;
"emission
offset" means an emission offset, as established,
approved or recognized under the regulations for the purpose of
(a) reducing
or avoiding greenhouse gas emissions into the atmosphere, or
(b) removing
greenhouse gas from the atmosphere;
"existing
electricity
generating facility" means an electricity generating
facility that is prescribed by regulation as an existing
electricity generating facility;
"new
electricity generating facility" means an electricity
generating facility that is not an existing electricity
generating facility;
"operator",
in relation to a coal-based generating facility or an
electricity generating facility, means the person considered
under the regulations to be the operator of the facility;
"use of
coal for the generation of electricity" includes the
use of coal for the production of an energy source that is
reasonably expected to be used for the generation of
electricity.
Division 2
— Waste Management Facilities
Management of greenhouse
gases at
waste management facilities
76.2
The owner or operator of a waste management facility of a
prescribed class must manage, in accordance with the
regulations, specified greenhouse gases produced from wastes
handled at the waste management facility.
Regulations for purposes of
Division 2
76.21
(1) Without limiting section 138 (1) [general authority to
make regulations], the Lieutenant Governor in Council may
make regulations as follows:
(a) specifying
greenhouse gases for the purposes of this Division;
(b)
prescribing actions that must be taken in relation to either or
both of the following:
(i) the
management or reduction of specified greenhouse gases;
(ii) the
recovery of energy potential from specified greenhouse gases;
(c) regulating
and imposing requirements and prohibitions in relation to
actions required under paragraph (b);
(d) regulating
and imposing requirements and prohibitions for the design,
siting and operation of any works, activities or operations
related to the management of, or the recovery of energy
potential from, greenhouse gases;
(e) exempting
any works, activities or operations or any class of persons,
works, activities or operations from any or all of the
provisions of the regulations in circumstances or on conditions
that the Lieutenant Governor in Council prescribes;
(f) imposing
monitoring and reporting requirements in relation to
(i)
greenhouse gases or the recovery of energy potential from
greenhouse gases,
(ii)
handling, treating, transporting, discharging or storing
greenhouse gases or energy potential recovered from greenhouse
gases, and
(iii) places
and things that the Lieutenant Governor in Council considers may
be affected by the handling, treatment, transportation,
discharge or storage of greenhouse gases or energy potential
recovered from greenhouse gases,
including.
without limitation, prescribing requirements for the publication
of information and respecting to whom reports are to be
submitted and the timing, form, content, supporting evidence,
verification, certification and manner of submission of the
reports;
(g)
establishing requirements respecting the retention of records
that support reports and information required to be provided to
the director under this Division;
(h) defining
words or expressions used but not defined in this Division.
(2) Section 139
[regulations — general rules] applies for the
purpose of making regulations under this Division.
Division
3 — Coal-based Electricity Generation
Coal-based generating
facilities — greenhouse
gases must be stored or sequestered
76.3
(1) Subject to subsection (2), the operator of a coal-based
generating facility must not introduce or cause or allow to be
introduced into the environment emissions of prescribed
greenhouse gases from the facility that are attributable to the
use of coal for the generation of electricity.
(2) The
prohibition in subsection (1) does not apply if an amount of
greenhouse gas emissions from the facility that is at least
equal to the amount of the emissions referred to in subsection
(1), as determined in accordance with the regulations on a
carbon dioxide equivalent basis, is captured and stored, or
captured and sequestered, in accordance with the regulations.
Compliance reports
76.31
(1) The operator of a coal-based generating facility must submit
a report to the director, in accordance with the regulations,
respecting
(a) the
attributable greenhouse gas emissions referred to in
section 76.3 (1), as determined in accordance with the
regulations,
(b) if
applicable, the capture and storage, or capture and
sequestration, of an amount of emissions from the facility under
section 76.3 (2), and
(c) any other
matter prescribed for the purposes of this Division.
(2) The
operator of a coal-based generating facility must submit a
supplementary report to the director within the prescribed
period after the operator becomes aware that
(a)
information in a previous report under this section did not
completely and accurately disclose the required information, or
(b)
information required to be reported in a previous report has
changed.
(3) A
supplementary report under this section must be made in
accordance with the regulations or, if no specific direction is
prescribed, in accordance with the regulations applicable to the
report under subsection (1).
(4) The
director may
(a) require a
report under this section to be audited in accordance with the
directions of the director, or conduct or authorize a person to
conduct such an audit, and
(b) require
the operator of a coal-based generating facility to provide
additional information in support of a report under this
section.
Regulations for purposes of
Division 3
76.32
(1) Without limiting section 138 (1) [general authority to
make regulations], the Lieutenant Governor in Council may
make regulations in relation to this Division as follows:
(a)
prescribing facilities within a prescribed class, or prescribing
specified facilities, as being coal-based generating facilities,
including, without limitation, facilities that
(i)
generate electricity in part from coal and in part from another
energy source,
(ii) from
time to time generate electricity from coal,
(iii) do
other things in addition to the generation of electricity from
coal,
(iv)
produce an energy source from coal that is used to generate
electricity, including the generation of electricity by another
person or at another facility, or
(v) use an
energy source referred to in subparagraph (iv) to generate
electricity;
(b) respecting
who is to be considered the operator of a coal-based generating
facility;
(c)
establishing the greenhouse gas emissions that are deemed to be
attributable to the use of coal for the generation of
electricity;
(d) respecting
the methodology by which greenhouse gas emissions referred to in
paragraph (c) are to be determined;
(e)
establishing
(i)
acceptable methods and standards, and
(ii)
monitoring, reporting and other requirements
in relation to
the capture, storage and sequestration of greenhouse gases;
(f) respecting
reports under this Division, including, without limitation,
prescribing requirements respecting to whom the reports are to
be submitted and the timing, form, content, supporting evidence,
verification, certification and manner of submission of the
reports;
(g)
establishing requirements and standards respecting quality
assurance of the information provided in the reports under this
Division and the data that support the reports, including,
without limitation, requirements and standards respecting
(i)
monitoring protocols and equipment,
(ii)
sampling protocols and equipment, and
(iii)
analytical protocols and equipment
that must be
used for the purposes of reports under this Division;
(h)
establishing requirements respecting the retention of records
that support reports and information required to be provided to
the director under this Division;
(i)
prescribing information that must or may be made public in
relation to this Division, other than information referred to in
paragraph (a) of the definition of "protected information" in
section 76.52 [confidentiality in relation to
Divisions 3 and 4];
(j) defining
words or expressions used but not defined in this Division.
(2) Section 139
[regulations — general rules] applies for the
purpose of making regulations under this Division.
Division 4
— Greenhouse Gas Emissions from Electricity Generation
Electricity generation must
have net zero emissions
76.4
For each compliance period, the operator of an electricity
generating facility must, in accordance with the regulations,
(a) determine
the greenhouse gas emissions attributable to the generation of
electricity by the facility for the compliance period, excluding
any emissions that are captured and stored, or captured and
sequestered, in accordance with the regulations, and
(b) if there
are attributable greenhouse gas emissions referred to in
paragraph (a) after any applicable exclusion under that
provision, no later than the prescribed time after the end of
that compliance period, apply emission offsets in accordance
with the regulations to net those emissions to zero.
Compliance reports
76.41
(1) The operator of an electricity generating facility must
submit a report to the director, in accordance with the
regulations, respecting
(a) the
attributable greenhouse gas emissions referred to in
section 76.4 (a), as determined in accordance with the
regulations, including, if applicable, any exclusion referred to
in that provision,
(b) compliance
with the obligation under section 76.4 (b), and
(c) any other
matter prescribed for the purposes of this Division.
(2) The
operator of an electricity generating facility must submit a
supplementary report to the director within the prescribed
period after the operator becomes aware that
(a)
information in a previous report under this section did not
completely and accurately disclose the required information, or
(b)
information required to be reported in a previous report has
changed.
(3) A
supplementary report under this section must be made in
accordance with the regulations or, if no specific direction is
prescribed, in accordance with the regulations applicable to the
report under subsection (1).
(4) The
director may
(a) require a
report under this section to be audited in accordance with the
directions of the director, or conduct or authorize a person to
conduct such an audit, and
(b) require
the operator of an electricity generating facility to provide
additional information in support of a report under this
section.
Application of Division 4
76.42
This Division applies to
(a) new
electricity generating facilities,
(b) subject to
paragraph (c), existing electricity generating facilities,
beginning with the first compliance period that includes all or
part of the 2016 calendar year, and
(c) before the
compliance period referred to in paragraph (b), existing
electricity generating facilities in relation to greenhouse gas
emissions that are attributable under the regulations to an
expansion of the capacity of a facility where that expansion
first generated electricity after February 27, 2007
and meets the prescribed threshold.
Regulations for purposes of
Division 4
76.43
(1) Without limiting section 138 (1), the Lieutenant
Governor in Council may make regulations in relation to this
Division as follows:
(a)
prescribing facilities within a prescribed class, or prescribing
specified facilities, as being electricity generating
facilities, including, without limitation, facilities that do
other things in addition to the generation of electricity;
(b)
prescribing facilities within a prescribed class, or prescribing
specified facilities, as being existing electricity generating
facilities on the basis that they were generating electricity on
February 27, 2007 or that they generated electricity within a
reasonable time period before that date;
(c)
prescribing a threshold, by capacity or by generation of
electricity, or both, for the purposes of
section 76.42 (c);
(d) respecting
who is to be considered the operator of an electricity
generating facility;
(e)
establishing the greenhouse gas emissions that are deemed to be
attributable to an electricity generating facility;
(f) respecting
the methodology by which greenhouse gas emissions referred to in
paragraph (e) are to be determined;
(g) respecting
emission offsets for the purposes of this Division, including,
without limitation,
(i)
establishing one or more systems of emission offsets,
(ii)
providing authority for projects or actions to be approved as
the basis for emission offsets, including authority to establish
the parameters of emission offsets related to projects or
actions,
(iii)
recognizing as emission offsets for the purposes of this
Division
(A) emission
offsets under the Greenhouse Gas Reduction Targets Act,
(B)
compliance units under the Greenhouse Gas Reduction (Cap
and Trade) Act, or
(C) units of
systems established by other jurisdictions or organizations, and
(iv)
providing when, how and to what extent emission offsets may or
must be applied;
(h) respecting
reports under this Division, including, without limitation,
prescribing requirements respecting to whom the reports are to
be submitted and the timing, form, content, supporting evidence,
verification, certification and manner of submission of the
reports;
(i)
establishing requirements and standards respecting quality
assurance of the information provided in the reports under this
Division and the data that support the reports, including,
without limitation, requirements and standards respecting
(i)
monitoring protocols and equipment,
(ii)
sampling protocols and equipment, and
(iii)
analytical protocols and equipment
that must be
used for the purposes of reports under this Division;
(j)
establishing requirements respecting the retention of records
that support reports and information required to be provided to
the director under this Division;
(k)
prescribing information that must or may be made public in
relation to this Division, other than information referred to in
paragraph (a) of the definition of "protected information" in
section 76.52 [confidentiality in relation to
Divisions 3 and 4];
(l) defining
words or expressions used but not defined in this Division.
(2) Section 139
[regulations — general rules] applies for the
purpose of making regulations under this Division.
Division 5
— General
This Part does not affect
authority under other Parts
76.5
Nothing in this Part affects the authority to deal with
greenhouse gases under any other Part of this Act.
Inspection powers for
purposes of Divisions 3 and 4
76.51
(1) Without limiting the powers of an officer under any other
provision of this Act, for the purposes of ensuring compliance
with Division 3 [Coal-based Electricity Generation]
or 4 [Greenhouse Gas Emissions from Electricity Generation]
of this Part, and the regulations under either of those
Divisions, an officer may enter land or premises, except
premises or a part of premises occupied solely as a private
residence, at any reasonable time to conduct an inspection
related to
(a) the
capture and storage, or capture and sequestration, of greenhouse
gas emissions under either of those Divisions,
(b) the
production of electricity that may be subject to either of those
Divisions, or
(c) a project
or action approved as the basis for emission offsets under
section 76.43 (1) (g) [regulations in relation to
emission offsets].
(2) An officer
who enters on land or premises under subsection (1) may do any
of the following:
(a) examine
and take away copies of records relating to a matter referred to
in subsection (1) (a) to (c);
(b) inspect,
analyze, measure, sample or test the land or premises, or any
article or substance located on or in the land or premises, in
relation to a matter referred to in subsection (1) (a)
to (c);
(c) take away
samples of land, premises, articles or substances;
(d) require
that anything related to a matter referred to in
subsection (1) (a) to (c) be operated, used or
set in motion under conditions specified by the officer;
(e) use a
computer system at the place that is being inspected to examine
data, contained in or available to the computer system, related
to a matter referred to in subsection (1) (a) to (c);
(f) record or
copy by any method any information related to a matter referred
to in subsection (1) (a) to (c);
(g) use any
machine, structure, material or equipment in the place that is
being inspected as is necessary to carry out the inspection;
(h) use
copying equipment located at the place that is being inspected
to make copies to take away;
(i) take
photographs or make audio or video records.
(3) An officer
who enters land or premises in accordance with this section
(a) may take
along the persons and equipment that the officer considers may
be necessary for the purposes of the inspection, and
(b) on
request, must provide proof of identity to a person present on
the land or premises entered.
(4) A person
who is the subject of an inspection under this section, or who
is or was a director, receiver, receiver manager, officer,
employee, banker, auditor or agent of a person who is the
subject of an inspection under this section, on request of an
officer, must
(a) produce,
without charge or unreasonable delay, for examination by the
officer any record relating to a matter referred to in
subsection (1) (a) to (c), and
(b) provide
the officer with information relevant to the purposes of the
inspection.
Confidentiality in relation
to Divisions 3 and 4
76.52
(1) In this section:
"protected
information" means information that would reveal
(a) trade
secrets of a third party, or
(b)
commercial, financial, labour relations, scientific or technical
information of or about a third party;
"third
party" has the same meaning as in the Freedom of
Information and Protection of Privacy Act;
"trade
secret" has the same meaning as in the Freedom
of Information and Protection of Privacy Act.
(2) Subject to
this section, a person who has access to protected information
that is in the custody or under the control of the government
through
(a) reports
required to be provided by an operator under Division 3 [Coal-based
Electricity Generation] or 4 [Greenhouse Gas
Emissions from Electricity Generation] of this Part, or
(b) the
exercise of powers under section 76.51 [inspection powers
for purposes of Divisions 3 and 4] or Part 9 [Compliance]
in relation to Division 3 or 4 of this Part,
must not
disclose the protected information to any other person.
(3) The
prohibition in subsection (2) does not apply to disclosure of
the following information:
(a)
information that is publicly available;
(b)
information respecting the matters referred to in section 76.31
(1) (a) and (b) [Division 3 compliance reports];
(c)
information respecting the matters referred to in section 76.41
(1) (a) and (b) [Division 4 compliance reports];
(d)
information that is required or authorized to be made public
under this Act.
(4) The
prohibition in subsection (2) does not apply to disclosure in
the following circumstances:
(a) if
required under Part 2 [Freedom of Information] of the
Freedom of Information and Protection of Privacy Act;
(b) in the
course of administering or enforcing this Act or a prescribed
enactment;
(c) for the
purpose of court proceedings;
(d) with the
consent of the person, group of persons or organization that is
the third party in relation to the protected information.
3
Section 99 is amended by striking out "and"
at the end of paragraph (f), by adding ", and"
at the end of paragraph (g) and by adding the following
paragraph:
(h)
determining non-compliance under section 115.2 [imposed
administrative penalties — failure to apply emission
offsets] and the extent of that non-compliance.
4
Section 100 (2) is repealed and the following substituted:
(2) For
certainty,
(a) a decision
under this Act of the Lieutenant Governor in Council or the
minister is not appealable to the appeal board, and
(b) for the
purposes of this Division, there is no decision under section
115.1 [automatic administrative penalties — failure
to apply emission offsets].
5
Section 109 (6) is amended by striking out "A
person who is or was" and substituting "A
person who is the subject of an inspection under this section or
who is or was".
6
Section 114 is repealed and the following substituted:
Restraining orders
114
(1) If a person, by carrying on an activity or operation,
contravenes any of the following, the activity or operation may
be restrained in a proceeding brought by the minister in the
Supreme Court:
(a) section 6
[waste disposal];
(b) section 9
[hazardous waste storage and disposal];
(c) section 10
[transportation of hazardous waste];
(d) a
suspension or cancellation made under section 18 [suspension
or
cancellation of permits and approvals];
(e) an order
made under Part 4 [Contaminated Site Remediation];
(f) section
76.2 [management of greenhouse gases at waste management
facilities];
(g) section
76.3 (1) [coal-based generating facilities —
greenhouse gases must be stored or sequestered].
(2) The making
of an order by the court under subsection (1) in relation to a
matter does not interfere with the imposition of a penalty in
respect of an offence in relation to the same contravention.
7
Section 115 (8) is repealed.
8
The following sections are added:
Automatic administrative
penalties —
failure to apply emission offsets
115.1
(1) If a report under section 76.41 [compliance
reports in relation to electricity generation] indicates
that the operator of the electricity generating facility has not
complied with the obligation under section 76.4 (b) [obligation
to
have net zero emissions] within the prescribed time, the
operator is subject to the administrative penalty established by
the regulations.
(2) An
administrative penalty under this section must be paid to the
government on or before the date on which the applicable report
under section 76.41 is due.
Imposed administrative
penalties —
failure to apply emission offsets
115.2
(1) The director must take action under this section, in
accordance with the regulations,
(a) if the
director is satisfied on a balance of probabilities that
(i) the
greenhouse gas emissions attributable to an electricity
generating facility for the compliance period were different
from those reported under section 76.41 [compliance reports
in relation to electricity generation], and
(ii) as a
consequence, the operator has not complied with the obligation
under section 76.4 (b) [obligation to have net zero
emissions] within the prescribed time, or
(b) if
(i) the
operator of an electricity generating facility fails to submit a
report in accordance with section 76.41, and
(ii) the
director is satisfied on a balance of probabilities that the
operator has not complied with the obligation under
section 76.4 (b) [obligation to have net zero
emissions] within the prescribed time.
(2) In the
circumstances referred to in subsection (1), the director must
serve the operator with an administrative penalty notice
(a)
identifying the operator's non-compliance as determined by the
director, and
(b) requiring
the operator to pay the administrative penalty established by
the regulations for the purposes of section 115.1 and
specified in the notice.
(3) An operator
served with an administrative penalty notice under subsection
(2) is subject to an administrative penalty as follows:
(a) if the
operator admits in writing the non-compliance and its extent as
determined by the director, the penalty indicated in the notice
is imposed at the time of that admission;
(b) if the
time for appealing the determination of non-compliance or its
extent under section 101 [time limit for commencing
appeal] has elapsed and no appeal has been commenced, the
penalty indicated in the notice is imposed at the end of the
time for appealing;
(c) if the
non-compliance or its extent as determined by the director is
appealed and under the final determination of the appeal the
operator is subject to an administrative penalty, the penalty
specified in the final determination is imposed at the time of
that final determination.
(4) An
administrative penalty imposed under this section must be paid
within the prescribed time after the penalty is imposed and in
accordance with any other prescribed requirements.
9
Sections 116 and 117 are repealed and the following
substituted:
Relationship between
administrative penalties and offences
116
(1) Subject to subsections (2) and (4),
(a) if a
director issues an administrative penalty notice to a person in
respect of a contravention or failure referred to in section 115
(1), a prosecution for an offence under this Act in respect of
the same contravention or failure may not be brought against the
person, and
(b) a person
who has been charged with an offence under this Act may not be
subject to an administrative penalty in respect of the
circumstances that gave rise to the charge.
(2) A person
may be prosecuted under this Act for a contravention or failure
in relation to any of the following, even though an
administrative penalty has been imposed under section 115 in
respect of the same contravention or failure:
(a)
section 76.3 [coal-based generating facilities —
greenhouse gases must be stored or sequestered];
(b)
section 76.31 (1), (2) or (3) [compliance reports
in relation to coal-based generating facilities];
(c) a
regulation under section 76.32 [regulations for
purposes of Division 3 of Part 6.1];
(d)
section 76.41 (1), (2) or (3) [compliance reports
in relation to electricity generation];
(e) a
regulation under section 76.43 [regulations for
purposes of Division 4 of Part 6.1].
(3) In imposing
a sentence for an offence under this Act, the court may consider
an administrative penalty imposed in relation to the same
matter.
(4) An
administrative penalty under section 115 may not be imposed
on a person for a contravention or failure referred to in
subsection (2) of this section in relation to which the
person has been convicted of an offence.
Recovery of administrative
penalties
117
(1) Subject to a decision of the appeal board cancelling a
determination under section 115 (1) [administrative
penalties] or 115.2 [imposed administrative
penalties — failure to apply emission offsets], an
administrative penalty under this Act may be recovered as a debt
due to the government.
(2) If a person
fails to pay an administrative penalty as required under this
Act, a director may file a certificate in a court that has
jurisdiction and, on filing, the certificate has the same force
and effect, and all proceedings may be taken on it, as if it
were a judgment of the court with which it is filed.
(3) A
certificate under subsection (2) may be in the prescribed form,
must be signed by the director filing the certificate and must
contain
(a) the name
of the person who is liable for the administrative penalty,
(b)
particulars of the administrative penalty, and
(c) the amount
of the administrative penalty.
10
Section 119 (1) is amended by adding the following
paragraphs:
(b.1) in
relation to administrative penalties under section 115.1 [automatic
administrative penalties — failure to apply emission
offsets],
(i)
prescribing the administrative penalty, or the manner of
calculating the administrative penalty,
(ii)
respecting the manner and process for paying an administrative
penalty, and
(iii)
prescribing the consequences of failing to pay an administrative
penalty, which may include, but are not limited to, the
imposition of additional administrative penalties;
(b.2) in
relation to administrative penalties under section 115.2 [imposed
administrative penalties — failure to apply emission
offsets],
(i)
respecting the time limit, manner and process for paying an
administrative penalty,
(ii)
prescribing the form and content of an administrative penalty
notice,
(iii)
prescribing a limitation period for imposing an administrative
penalty and evidentiary matters in relation to that period,
(iv)
prescribing procedures to be applied by the director in making a
determination of non-compliance,
(v)
establishing procedures for providing a person on whom a notice
of an administrative penalty has been served with an opportunity
to make representations, which may include opportunities that do
not involve an oral hearing,
(vi)
prescribing the consequences of failing to pay an administrative
penalty, which may include, but are not limited to, the
imposition of additional administrative penalties, and
(vii)
providing for the publication of information respecting the
imposition of an administrative penalty.
11
Section 120 (2) and (3) is repealed and the following
substituted:
(2) A person
who contravenes any of the following commits an offence and is
liable on conviction to a fine not exceeding $200 000 or
imprisonment for not more than 6 months, or both:
(a) section 9
(3) [hazardous waste storage and disposal];
(b) section 10
(1) (a), (b) or (c) or (2) [transportation of hazardous
waste];
(c) section 11
[packaging, product containers and disposable products];
(d) section 72
(1) or (2) [control of air contaminants];
(e) section
76.52 (2) [confidentiality in relation to Divisions 3
and 4 of Part 6.1];
(f) section 79
(5) [spill prevention and reporting];
(g) section
131 (1) [confidentiality];
(h) a
regulation under section 74 (1) (i), (j) or (k) [motor
vehicle and engine emission regulations]
(3) A person
who contravenes any of the following commits an offence and is
liable on conviction to a fine not exceeding
$1 000 000 or imprisonment for not more than 6 months,
or both:
(a)
section 6 (2), (3) or (4) [waste disposal];
(b) section
7 (1) or (2) [hazardous waste — confinement];
(c)
section 8 [hazardous waste disposal facility];
(d) section
9 (1) or (4) [hazardous waste storage and disposal];
(e)
section 76.2 [management of greenhouse gases at waste
management facilities];
(f)
section 76.3 (1) [coal-based generating
facilities — greenhouse gases must be stored or
sequestered];
(g)
section 76.31 (1), (2) or (3) [compliance reports
in relation to coal-based generating facilities];
(h)
section 76.41 (1), (2) or (3) [compliance reports
in relation to electricity generating facilities].
12
Section 131 is amended by adding the following subsection:
(1.1)
Subsection (1) does not apply to information that is
subject to section 76.52 [confidentiality in relation
to Divisions 3 and 4 of Part 6.1].
Forest
Act
13
Section 1 (1) of the Forest Act, R.S.B.C. 1996, c. 157, is
amended
(a)
by
adding the following definitions:
"fibre
recovery permit" means a fibre recovery permit issued
under a fibre supply licence to cut entered into under this Act;
"fibre
supply licence to cut" means a licence to cut entered
into under section 47.3 (1) (b) (ii) or 47.71 (6);
"forestry
licence
to cut" means a licence to cut entered into under
section 47.6 (2), (2.1), (2.11), (2.2), (3), (4), (4.1) or (5);
"master
licence to cut" means a licence to cut entered into
under section 47.4 (2) (b);
"occupant
licence
to cut" means a licence to cut entered into under
section 47.4 (2) (a); , and
(b)
by
repealing the definition of "licence to cut" and
substituting the following:
"licence
to cut" means
(a) a master
licence to cut,
(b) an
occupant licence to cut,
(c) a forestry
licence to cut, and
(d) a fibre
supply licence to cut; .
14
Section 8 (5) is amended by striking out "and"
at the end of paragraph (a) and by adding the following
paragraph:
(a.1)
different areas of Crown land within a timber supply area or
tree farm licence area, and .
15
The following sections are added:
Direct award of forest
licence to produce bioenergy
13.1
(1) In this section and in sections 13.2 and 47.6:
"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 this section 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
subsection (2) (c),
(b) conforms
to subsection (2), and
(c) is not
rejected under section 81 (3) or refused under section 81 (5).
(2) An
application for a non-replaceable forest licence under this
section must
(a) be in the
form required by the minister or a person authorized by the
minister,
(b) specify an
allowable annual cut for the forest licence that is considered
by the minister to be consistent with the maximum allowable
annual cut for a timber supply area specified by the minister
under section 13.2 (b), and
(c) include
any information that the minister or a person authorized by the
minister may require about the applicant's qualifications to
(i) carry
out timber harvesting operations under the licence, or
(ii)
perform specified obligations
(A) under
the licence, or
(B) in
respect of the licence or its holder, under this Act or another
enactment.
(3) On receipt
of an eligible bioenergy application, the minister or a person
authorized by the minister must approve the application.
(4) The
approval of an eligible bioenergy application under subsection
(3) is revoked
(a) if the
British Columbia Hydro and Power Authority or the applicant
terminates the bioenergy supply contract before the commercial
operation date, or
(b) if
(i) an
approved eligible bioenergy application is rejected under
section 81 (3) or refused under section 81 (5), and
(ii) the
applicant has not brought the application into compliance with
section 81 (3) or (5), as applicable, within 90 days following
the commercial operation date.
(5) The
regional manager and the applicant of an approved eligible
bioenergy application must enter into a non-replaceable forest
licence on or after the commercial operation date if, on the
commercial operation date, the application
(a) is not
rejected under section 81 (3) or refused under
section 81 (5), or
(b) is
rejected under section 81 (3) or refused under
section 81 (5) but is brought into compliance with
section 81 (3) or (5), as applicable, within 90 days
following the commercial operation date.
(6) If the
applicant refuses to enter into a forest licence under
subsection (5)
(a) the
approval of the eligible bioenergy application under subsection
(3) is revoked, and
(b) the
minister or a person authorized by the minister may increase the
allowable annual cut specified in an existing forest licence
entered into under this section by the volume of the allowable
annual cut that was to be specified in the forest licence the
applicant refused to enter into under subsection (5).
(7) In addition
to setting out the matters described in section 14, a forest
licence entered into under subsection (5)
(a) must
provide that timber harvested under the licence is restricted to
a type of timber or terrain, or portion of a timber supply area,
and
(b) may
include other terms and conditions that the minister considers
are necessary or desirable in relation to the bioenergy supply
contract.
Designation of bioenergy
supply contracts
and specification of allowable annual cut
13.2
For the purposes of section 13.1, the minister may
(a) designate
an energy supply contract as a bioenergy supply contract, and
(b) specify
the maximum allowable annual cut in a timber supply area that
may be subject to one or more bioenergy supply contracts.
16
Section 47.3 is amended
(a)
in
subsection (1) by striking out "woodlot
licence or forestry licence to cut if the licence"
and substituting "woodlot licence, forestry
licence to cut or fibre supply licence to cut if",
(b)
in
subsection (1) (a) by adding "the licence"
before "provides that it is entered into",
(c)
in
subsection (1) (b) by adding "the licence"
before "is entered into" and in
subparagraph (iii) by striking out "economic
measures." and substituting "economic
measures, or",
(d)
in
subsection (1) by adding the following paragraph:
(c) in the
case of a fibre supply licence to cut, the licence is entered
into with the applicant of an eligible bioenergy application
approved under section 13.1 (3) on or after the date the
application is approved if, 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). ,
(e)
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.",
(f)
in
subsection (4) (a) by striking out "community
salvage licence or a forestry licence to cut," and
substituting "community salvage licence, a
forestry licence to cut or a fibre supply licence to cut,",
and
(g)
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 regional manager or district manager 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 of the term of a fibre supply licence to cut under
subsection (5) must not result in the total term of the licence
to cut exceeding 10 years.
17
Section 47.4 (1) is repealed.
18
Section
47.6 is amended
(a)
by
repealing subsection (1),
(b)
by
repealing subsection (2) (a),
(c)
by
adding the following subsections:
(2.11) The
district manager may enter into a forestry licence to cut if
(a) the
forestry licence to cut authorizes its holder, in specified
areas within the area or areas of Crown land identified in the
forestry licence to cut, to do any of the following:
(i) remove
Crown timber;
(ii)
process felled Crown timber into chips or other products and
remove those products, and
(b) the
district manager has received notification of harvest completion
for the specified areas referred to in paragraph (a) that are to
be subject to the forestry licence to cut from the holder of an
agreement listed in section 12 who is required to provide
notification in accordance with a regulation made under section
151.6 (2).
(4.1) The
regional manager or district manager may enter into a forestry
licence to cut with the applicant of an eligible bioenergy
application approved under section 13.1 (3) on or after the
date the application is approved if, in the opinion of the
regional manager or district manager, Crown timber is required
for the purpose of
(a) achieving
the commercial operation date as set out in the bioenergy supply
contract associated with the application, or
(b) 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). , and
(d)
in
subsection (2.2) by striking out "subsection
(2) (a) or (c)" and substituting "subsection
(2)
(c) or (d)".
19
Section 47.7 is amended
(a)
by
repealing paragraph (b) and substituting the following:
(b) must
describe one or more areas of land and identify for each area
whether the holder may do one or more of the following:
(i) harvest
Crown timber;
(ii) cut
Crown timber;
(iii) remove
Crown timber;
(iv)
process Crown timber and remove the processed timber, , and
(b)
by
striking out "and" at the end of
paragraph (g) and adding the following paragraph:
(g.1) may
include provisions specifying one or more standard making bodies
and requiring the holder of the licence to conduct its
operations under the licence in accordance with principles,
standards and criteria established by the standard making body
or bodies, and .
20
The following sections are added to Division 8.2 of Part 3:
Applications for fibre
supply licence to cut
47.71
(1) On request or on his or her own initiative the regional
manager or district manager, by advertising in the prescribed
manner, may invite applications for a fibre supply licence to
cut.
(2) An
application for a fibre supply licence to cut must
(a) be made to
the district manager or regional manager, and
(b) meet
prescribed requirements.
(3) The
regional manager or district manager must evaluate applications
for a fibre supply licence to cut in accordance with prescribed
requirements.
(4) After
evaluating applications under subsection (3), the person who
evaluated the applications may
(a) approve an
application, or
(b) decline to
approve all applications.
(5) If an
applicant whose application is approved under subsection (4)
neglects or declines to enter into the fibre supply licence to
cut, the regional manager or district manager may
(a) approve
the next best application, or
(b) at the
discretion of the minister, refuse to approve any of the
applications.
(6) The
regional manager or district manager must enter into a fibre
supply licence to cut with every person whose application is
approved under subsection (4) or (5).
Content of a fibre supply
licence to cut
47.72
(1) A fibre supply licence to cut
(a) must be
for a term not exceeding 5 years,
(b) must
require its holder to pay to the government, in addition to
other amounts payable under this Act, stumpage under
Part 7,
(c) must
provide for fibre recovery permits to be issued by the district
manager, or a forest officer authorized by the district manager,
within the limits provided in the fibre supply licence to cut
and subject to this Act and the Forest and Range Practices
Act, to authorize its holder in specified areas within
the area or areas of land identified in the fibre supply licence
to cut to do any of the following:
(i) remove
Crown timber;
(ii)
process felled Crown timber into chips or other products and
remove those products,
(d) may
include provisions specifying one or more standard making bodies
and requiring the holder of the fibre supply licence to cut to
conduct its operations under the fibre supply licence to cut in
accordance with principles, standards and criteria established
by the standard making body or bodies,
(e) may
include other terms and conditions, consistent with this Act,
the Forest and Range Practices Act, the Wildfire
Act and any regulations or standards made under those
Acts, determined by the regional manager or district manager,
and
(f) may
include other terms and conditions that the regional manager or
district manager considers necessary or desirable respecting
operations under the fibre supply licence to cut as they relate
to the holder of an agreement listed in section 12 who is
required to provide notification in accordance with a regulation
made under section 151.6 (2).
(2) The
district manager or the forest officer authorized by the
district manager must not issue to the holder of a fibre supply
licence to cut a fibre recovery permit for an area described in
subsection (1) (c) unless the district manager has received
notification of harvest completion for the specified areas
referred to in subsection (1) (c) that are to be subject to
the fibre recovery permit from the holder of an agreement listed
in section 12 who is required to provide notification in
accordance with a regulation made under section 151.6 (2).
Volume deemed to be
harvested under
licence for cut control purposes
47.73
(1) Subject to subsection (2) and for the purposes of paragraph
(a) of the definition of "volume of timber harvested" in section
75.1 (1), the amount of timber that
(a) is
merchantable Crown timber, and
(b) is removed
under
(i) a
forestry licence to cut entered into under section 47.6 (2.11),
or
(ii) a
fibre recovery permit issued under a fibre supply licence to cut
is deemed to be
harvested under the agreement of the agreement holder who gave
the notification of harvest completion referred to in
(c) section
47.6 (2.11) (b) in the case of a forestry licence to cut, or
(d) section
47.72 (2) in the case of a fibre supply licence to cut.
(2) Subsection
(1) does not apply if the amount of timber removed or harvested
under the forestry licence to cut or removed under the fibre
recovery permit has already been attributed to the agreement
referred to in subsection (1) for the purposes of paragraph (a)
of the definition of "volume of timber harvested" in section
75.1 (1).
21
The heading to Division 8.3 of Part 3 is repealed and the
following substituted:
Division
8.3 — Disposition of Timber Acquired under Forestry
Revitalization Act or Subject to Waste Assessment .
22
The following section is added to Division 8.3 of Part 3:
Disposition of timber not
harvested or removed under an agreement
47.9
Timber that is not harvested or removed under an agreement
listed in section 12 and in respect of which a notification must
be given in accordance with a regulation made under section
151.6 (2) may be the subject of
(a) a forestry
licence to cut entered into under section 47.6 (2.11), or
(b) a fibre
supply licence to cut.
23
Section 69 (1) is amended by striking out "timber
or
terrain or from different parts of Crown land or private land
within the tree farm licence area" and substituting
"timber or terrain in different parts of Crown
land or private land within the tree farm licence area or from
different areas of Crown land within the tree farm licence area".
24
Section 72 is amended
(a)
in
subsection (1) by striking out "timber licence
or" and substituting "timber licence,
community forest agreement or", and
(b)
by
adding the following subsection:
(10) Subsection
(9) does not apply if the amount of timber harvested under the
forestry licence to cut has already been attributed to the tree
farm licence, community forest agreement or woodlot licence of
the person to whom a notice is sent under subsection (4) for the
purposes of paragraph (a) of the definition of "volume of timber
harvested" in section 75.1 (1).
25
Section 73 is amended by adding the following subsection:
(9) Subsection
(8) does not apply if the amount of timber harvested under the
forestry licence to cut has already been attributed to the
forest licence of the person to whom a notice is sent under
subsection (3) for the purposes of paragraph (a) of the
definition of "volume of timber harvested" in
section 75.1 (1).
26
The following Division is added to Part 4:
Division
3.01 — Allowable Annual Cut Partition
Definitions
75.01
In this Division:
"allowable
annual
cut partition" means the portion of the allowable
annual cut determined under section 8 (1) for a timber supply
area or tree farm licence area that is attributed by the chief
forester under section 8 (5) to
(a) a type of
timber or terrain in parts of Crown land within the timber
supply area or tree farm licence area,
(b) different
areas of Crown land within the timber supply area or tree farm
licence area, and
(c) a type of
timber or terrain in different parts of private land within the
tree farm licence area;
"base-level
allowable
annual cut" means the allowable annual cut that is
prescribed for the purposes of this Division;
"exempted
licence" means a licence that
(a) specifies
an allowable annual cut that is less than the base-level
allowable annual cut,
(b) is a
non-replaceable forest licence that meets prescribed conditions,
or
(c) is
identified as an exempted licence in the regulations by the
number of the particular licence;
"harvested
volume" means the total of the following volumes,
less downward adjustments to those volumes for grade as
prescribed by regulation, other than a downward adjustment
prescribed under section 75.1 (3) (a) (ii), attributed to a
licence referred to in section 75.02 that is not an exempted
licence, in cut control statements issued on behalf of the
government during the period of a minister's order under section
75.02 (1) or (2):
(a) the volume
of timber cut under the licence and under road permits
associated with the licence;
(b) the volume
of timber estimated to be wasted or damaged 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) if the licences subject to the
attribution are within the same timber supply area or tree farm
licence area.
Partition order
75.02
(1) 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 under all forest licences and forestry
licences to cut in the timber supply area that are not exempted
licences for
(a) a type of
timber or terrain in parts of Crown land within the timber
supply area, or
(b) different
areas of Crown land within the timber supply area.
(2) 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 under the tree farm licence and all forest
licences and forestry licences to cut in the tree farm licence
area that are not exempted licences for
(a) a type of
timber or terrain in parts of Crown land within the tree farm
licence area,
(b) different
areas of Crown land within the tree farm licence area, or
(c) a type of
timber or terrain in different parts of private land within the
tree farm licence area.
(3) An order
made under subsection (1) or (2) must
(a) except in
prescribed circumstances, be made within one year of the date
(i) the
allowable annual cut partition relating to the order was
specified by the chief forester under section 8 (5), or
(ii) the
chief forester postpones an allowable annual cut determination
under section 8 (3.1) for which an allowable annual cut
partition was specified,
(b) be for a
term not exceeding 5 years,
(c) specify
the allowable annual cut partition relating to the order, and
(d) specify
the harvested volume limit, as determined in accordance with the
regulations, that licence holders may not exceed.
(4) The
regional manager must serve a copy of an order made under
subsection (1) on the holder of a licence to which the order
relates, but the order is not invalid only because it is not
served.
(5) Subject to
section 75.04, all persons who hold a licence referred to in
subsection (1) or (2) of this section must ensure that the
harvested volume under the licence does not, during the term of
an order under subsection (1) or (2) of this section, whichever
is applicable, exceed the harvested volume limit specified in
the order.
Waiver of order
75.03
(1) On request of the holder of a licence referred to in section
75.02 (1) or (2), the minister may waive the order if the
minister is satisfied that the reasons for the waiver meet
prescribed criteria.
(2) A request
under subsection (1) must
(a) be
submitted within 60 days after the date the minister made the
order,
(b) be signed
by, or on behalf of, the requesting person, and
(c) specify
the reasons for the request.
Revocation or amendment of
order
75.04
The minister may revoke or amend an order made under section
75.02 (1) or (2).
Consolidation or
subdivision of licences subject to an order
75.05
(1) In this section, "licence" means a licence
referred to in section 75.02 (1) or (2) that is not an exempted
licence.
(2) If a
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 replaced 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 replaced
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 replaced licences must be charged to the other
licence.
(5) The
minister must amend an order made under section 75.02 (1) or (2)
to account for an allocation of volume under subsection (2) of
this section or a charging of volume under subsection (4) of
this section.
Penalty for non-compliance
with minister's order
75.06
(1) If the harvested volume limit imposed by an order under
section 75.02 (1) or (2) 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 as
determined in accordance with the regulations, 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
75.07
(1) On request of the holder of a licence referred to in section
75.02 (1) or (2), the minister may grant relief from a penalty
imposed under section 75.06 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 75.06 (1),
(b) be signed
by, or on behalf of, the requesting person, and
(c) specify
the reasons for the request.
27
Section 75.1 (3) (a) is repealed and the following
substituted:
(a)
prescribing percentages or amounts by which the timber volumes
attributed to a licence in statements referred to in that
definition must be adjusted downward to take into account
(i) grades
and species of timber, or
(ii) uses
of timber
included in the
volumes described in subsection (2) (a) and (b), .
28
Section 80 (3) is amended by striking out "under
section
75.1," and substituting "under section
75.02, 75.1,".
29
Section 94 is amended by adding the following subsection:
(3.1) If, at
the place where timber is yarded to a landing or roadside, the
timber is processed under a forestry licence to cut entered into
under section 47.6 (2.11) or a fibre supply licence to cut, the
processed timber may be scaled at a location specified by the
regional manager or district manager or a forest officer
authorized by either of them.
30
Section 96 (1) (b) is repealed and the following
substituted:
(b) must
express the scale
(i) in
cubic metres unless subparagraph (ii) applies, or
(ii) for
special forest products referred to in section 94 (3) or
processed timber referred to in section 94 (3.1), in the unit of
metric measure required by the minister.
31
Section 103.1 is amended by adding the following
subsections:
(4) Despite
subsections (1) to (3), the Lieutenant Governor in Council may
make regulations specifying circumstances under which waste
assessments are payable to the government in respect of
merchantable Crown timber that could have been cut and removed
under the agreement but, at the agreement holder's discretion,
is not cut and removed.
(5) If a
provision in an agreement entered into under this Act conflicts
or is inconsistent with a regulation made under subsection (4),
the regulation prevails.
32
Section
109 (2) (h) is amended by striking out "section
151
(2) (e)" and substituting "section 151
(11) or (12)".
33
Section 151 is amended
(a)
in
subsection (2) (d) by striking out "timber
after harvesting," and substituting "timber
after
harvesting or of timber products,",
(b)
in
subsection (2) (d) (i) and (iii) by adding "or
timber products" after "timber",
(c)
by
repealing subsection (2) (e), and
(d)
by
adding the following subsections:
(11) The
Lieutenant Governor in Council may make regulations respecting
deposits and security of any kind, including but not limited to
money, to be provided by the holder of an agreement listed in
section 12 or a pulpwood agreement, to ensure the performance of
an obligation under this Act or the agreement, the Forest
and Range Practices Act, the Wildfire Act or
the Forest Practices Code of British Columbia Act.
(12) Without
limiting subsection (11), the Lieutenant Governor in Council may
make regulations respecting the following:
(a) the type
of security that is acceptable or unacceptable;
(b) the form
and content of the security;
(c) the
circumstances under which the security may be realized.
34
The following section is added:
Regulation making power for
fibre supply and forestry licence to cut
151.6
(1) The Lieutenant Governor in Council may make regulations he
or she considers necessary or desirable for the purpose of
prescribing requirements for a forestry licence to cut entered
into under section 47.6 (2.11) or a fibre supply licence to cut,
including but not limited to regulations
(a)
prescribing additional provisions to supplement the provisions
of
(i)
Division 8.2 of Part 3 of this Act, or
(ii) the
regulations made for that Division
as the
provisions apply in respect of that licence to cut or its
holder,
(b) varying
provisions of that Division or of regulations made for that
Division as the provisions apply in respect of that licence to
cut or its holder,
(c) providing
that specified provisions of that Division or of regulations
made for that Division do not apply to or in respect of that
licence to cut or its holder, and
(d) imposing
conditions for the purpose of regulations made under this
section.
(2) Without
limiting subsection (1) and for the purposes of sections 47.6
(2.11) (b) and 47.72 (2), the Lieutenant Governor in Council may
make regulations as follows:
(a) requiring
the holder of an agreement listed in section 12 to give written
notification to the district manager respecting harvest
completion;
(b) respecting
time requirements for the notification;
(c) respecting
content requirements for the notification including, without
limitation,
(i) a
declaration in respect of timber that is not harvested or
removed under the agreement indicating the amount of that timber
the agreement holder
(A) plans to
sell, trade or use for commercial purposes, and
(B) does not
plan to sell, trade or use for commercial purposes,
(ii) an
estimate of the amount of timber referred to in
subparagraph (i) (B) that is at all landings or
roadsides,
(iii) a list
of the activities the agreement holder has planned for the site
area that are to be subject to the fibre recovery permit for a
specified period, and
(iv) a
description of any of the agreement holder's forest management
concerns;
(d) if an
agreement holder indicates in accordance with paragraph (c) (i)
that the holder plans to sell, trade or use for commercial
purposes timber that was not harvested or removed, requiring the
holder to sell, trade or use that timber as declared;
(e)
prohibiting an agreement holder from destroying timber referred
to in paragraph (c) (i) in specified circumstances.
Forest
and
Range Practices Act
35
Section 108 (5) of the Forest and Range Practices Act,
S.B.C. 2002, c. 69, is amended by striking out "subsection
(1) (b)" and substituting "subsection
(1) (d)".
36
Section 204 (3) is amended by striking out "section
47.4
(1)" and substituting "section 1 (1)".
Commencement
37
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 |
| 1 |
Anything not elsewhere covered by this table |
The date of Royal Assent |
| 2 |
Sections 1 to 14 |
By regulation of the Lieutenant Governor in Counsel |
| 3 |
Sections 16 to 23 |
By regulation of the Lieutenant Governor in Counsel |
| 4 |
Section 26 |
By regulation of the Lieutenant Governor in Counsel |
| 5 |
Sections 28 to 34 |
By regulation of the Lieutenant Governor in Counsel |
| 6 |
Section 36 |
By regulation of the Lieutenant Governor in Counsel |
|