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Forest Practices > Forest Health > Legislation >
Forest Planning and Practices Regulation
Forest Health and Forest Legislation
Forest Planning and Practices Regulation
August 29, 2007
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NOTE: The text for the entire section has been
provided to maintain context with the portions applicable to forest health
are highlighted in green text. This
summary is to be used only as a quick reference.
Consult the official version of the legislation for actual wording and complete context.
The official version is available through the Queen's Printer. An unofficial version is available
on-line. Only statutory decision-makers and a court of law can
legally interpret legislation and regulations or determine their
intent.
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FPC Operational Planning Regulation
PART 1 -
INTERPRETATION
Definitions
1 (1) In this regulation:
"forest health factors" means
biotic and abiotic influences on a forest that have an adverse
effect on the health of trees and other plants;
"silviculture treatment"
includes:
(a) site preparation for the purposes of
reforestation,
(b) planting trees,
(c) brushing, including grazing for the
purposes of brushing,
(d) juvenile spacing,
(e) fertilization,
(f) pruning,
(g) sanitation treatments associated with a
silviculture treatment, and
(h) pest management treatments, other than
sanitation treatments
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Objectives set by government
for timber
6 The objectives set by government for
timber are to
(a) maintain or enhance an economically
valuable supply of commercial timber from British Columbia's
forests,
(b) ensure that delivered wood costs, generally, after
taking into account the effect on them of the relevant provisions of
this regulation and of the Act, are competitive in relation to
equivalent costs in relation to regulated primary forest activities in
other jurisdictions, and
(c) ensure that the provisions of this
regulation and of the Act that pertain to primary forest activities
do not unduly constrain the ability of a holder of an agreement
under the Forest Act to exercise the holder's rights under
the agreement.
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Specifying results and
Strategies
12 Specifying results and strategies
| (8) |
A person who is required to prepare
a forest stewardship plan is exempt from the requirement to
prepare results or strategies for an objective set by government
for timber. |
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| Stocking standards |
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16 |
(1)
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A person required to prepare a forest
stewardship plan must ensure that the plan specifies the situations
or circumstances that determine when section 44 (1) [free growing
stands generally] or section 45 [free growing stands
collectively across cutblocks] will apply to an area. |
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(2) |
In specifying a stocking standard under
this section, a person who prepares a forest stewardship plan may
consider the factors set out in section 6 [factors relating to
stocking standards] of Schedule 1. |
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(3) |
A person required to prepare a forest
stewardship plan must ensure that the plan specifies, for each of
the situations or circumstances specified under subsection (1) where |
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(a) |
section 44 (1) (a) will apply, the
regeneration date and stocking standards, |
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(b) |
section 44 (1) (b) will apply, the free
growing height and stocking standards, |
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(c) |
section 45 (1) will apply, the
regeneration date and the stocking standards, and |
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(d) |
section 45 (2) will apply, the free
growing date and the stocking standards, as approved by the chief
forester. |
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(4) |
A person required to prepare a forest
stewardship plan must ensure that the plan specifies stocking
standards for areas referred to in section 44 (4), and the
situations or circumstances that determine when the stocking
standards will be applied. |
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(5) |
A holder of a major licence that is a
forestry licence to cut entered into under section 24.8 of the
Forest Act or converted into a forestry licence to cut under
section 24.9 of the Forest Act is exempt from this section. |
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| Providing notice |
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20 |
(1)
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Before a person submits to the minister
for approval a forest stewardship plan or an amendment to one, the
person must publish a notice at least once in a newspaper, and may
publish the notice more frequently, stating |
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(a) |
that the plan or amendment is publicly
available for review and for written comment at the person's place
of business or at another place specified in the notice, |
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(b) |
persons may attend at that place during
business hours to review the plan or amendment, and |
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(c) |
the address of the person proposing the
plan or amendment to which address persons may submit written
comments about the plan by mail or in person. |
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(2) |
For the purposes of subsection (1), the
period during which persons have the opportunity to review a forest
stewardship plan or an amendment to one begins on the date the
notice is first published and ends |
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(a) |
60 days after that date, if no greater
or lesser number of days is determined under paragraph (b) or (c)
and paragraph (d) is inapplicable, |
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(b) |
a greater number of days after that
date that the minister may determine if paragraph (d) is
inapplicable and he or she considers that the greater number of days
is necessary to provide an adequate opportunity for review and
comment under section 21, |
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(c) |
a lesser number of days that the
minister may determine if paragraph (d) is inapplicable and he or
she considers that the lesser number of days will provide an
adequate opportunity for review and comment under section 21, or |
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(d) |
10 days after that date if all or a
substantial part of the timber to which the plan pertains |
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(i) |
is dead, infested with pests or
otherwise damaged, or is required to be harvested to facilitate the
removal of dead, infested or damaged timber, and |
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(ii) |
must be harvested expeditiously to
prevent |
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(A) |
the spread of pests, or |
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(B) |
a significant reduction in the economic value of
the timber due to a deterioration in the quality of the timber. |
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(3) |
The minister by order may grant an
exemption to a person who proposes a forest stewardship plan or an
amendment to one from the requirement to publish a notice under
subsection (1). |
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(4) |
If the minister makes an order under
subsection (3) and the forest stewardship plan or amendment is
approved, the person exempted under the order must publish in a
newspaper a notice specifying |
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(a) |
that the forest stewardship plan or the
amendment has been approved without having been made publicly
available for review and comment, and |
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(b) |
the date on which operations under the
plan have been authorized to begin. |
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(5) |
Despite subsection (1), a person who
proposes an amendment to a forest stewardship plan in respect of
section 16 is not required to publish a notice in a newspaper.
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| Minister's consideration of
stocking standards |
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26 |
(1)
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If, in specifying stocking standards
under section 16, a person satisfies the minister that the person
addressed only those factors contained in section 6 of Schedule 1,
the minister must not require the person to address other factors. |
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(2)
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The minister may request information
under section 16 (2.1) of the Act in respect of stocking standards
if the information is
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(a) |
relevant to the factors in section 6 of
Schedule 1 that were applied, if any, |
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(b) |
relevant to any factor that the person
addressed that is not a factor listed in section 6 of Schedule 1,
and |
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(c) |
either available to the person or in
the control or possession of the person. |
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(3) |
The minister must approve the
regeneration date, free growing height and stocking standards
referred to in section 16 (3) if the minister is satisfied that
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(a) |
the regeneration date and the standards
will result in the area being stocked with ecologically suitable
species that address immediate and long-term forest health issues on
the area, to a density or to a basal area that, in either case, |
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(i) |
is consistent with maintaining or
enhancing an economically valuable supply of commercial timber from
British Columbia's forests, and |
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(ii) |
is consistent with the timber supply
analysis and forest management assumptions that apply to the area
covered by the plan on the date that the plan is submitted for
approval, and |
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(b) |
the free growing height is of
sufficient height to demonstrate that the tree is adapted to the
site, and is growing well and can reasonably be expected to continue
to do so. |
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(4)
|
The minister must approve the stocking
standards referred to in section 16 (4) if the minister is satisfied
that the standards will result in the area being stocked with
ecologically suitable species that address immediate and long-term
forest health issues on the area, to a density or to a basal area
that, in either case, is consistent with |
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(a) |
maintaining or enhancing an
economically valuable supply of commercial timber from British
Columbia's forests, and |
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(b) |
the timber supply analysis and forest
management assumptions that apply to the area covered by the plan on
the date that the plan is submitted for approval. |
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(5) |
The minister may approve the stocking
standards referred to in section 16 (3) or (4), even though they do
not conform to subsection (3) or (4) of this section, if the
minister is satisfied that the regeneration date and stocking
standards are reasonable, having regard to the future timber supply
for the area.
[Back to Table of Contents] |
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| Division 2 -
Timber and Forest Health |
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Modification of insect
behaviour |
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41 |
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An agreement holder or a timber sales
manager who uses trap trees or pheromones to concentrate insect
populations must ensure that the insect brood is destroyed before
the insects emerge.
[Back to Table of Contents] |
| Free growing stands
generally |
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44 |
(1)
|
A person who has an obligation to
establish a free growing stand must establish, for areas that have
been identified under section 16 (1) [stocking standards] as
areas to which this section will apply, a stand that |
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(a) |
meets the applicable
stocking standards set out in the forest stewardship plan for the
area, by the applicable regeneration date specified for the area,
and |
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(b) |
meets the applicable
stocking standards and free growing height set out in the forest
stewardship plan for the area by a free growing date that is no more
than 20 years from the commencement date, unless the minister
permits a later free growing date. |
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(2) |
If an agreement holder contravenes
section 52 (1) [unauthorized timber harvesting] of the Act,
the holder must establish, on the area on which the contravention
occurred, a stand that meets the requirements specified in the
holder's forest stewardship plan for an area with similar
attributes, as if the area on which the contravention occurred had
been identified under section 16 (1) as being subject to this
section. |
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(3) |
A person is exempt from the
requirements of section 29 (1) and (2) [free growing stands]
of the Act in respect of an area if timber harvesting is restricted
to one or more of the following: |
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(a) |
harvesting timber to
eliminate a safety hazard; |
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(b) |
harvesting timber to
facilitate the collection of seed, leaving an opening not greater
than 1 ha; |
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(c) |
removing felled trees from
landings and road rights of way; |
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(d) |
harvesting trees on land
that is, or will be, exclusively used for harvesting hay or grazing
livestock in accordance with an agreement under the Range Act; |
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(e) |
harvesting timber for
experimental purposes if, in the opinion of the minister, the
harvesting will be carried out under controlled scientific or
investigative conditions; |
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(f) |
clearing areas for or
within a recreation site or recreation trail; |
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(g) |
felling and removing trees that have been or will be treated to
facilitate the entrapment of pests; |
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(h) |
commercial thinning,
removal of individual trees, or a similar type of intermediate
cutting; |
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(i) |
harvesting special forest
products. |
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(4) |
A person who harvests timber for the
reasons referred to in subsection (3) (h) and (i) must ensure that,
for a period of 12 months after completion of harvest, the area on
which timber harvesting was carried out conforms to the stocking
standards specified in section 16 (4) for the area.
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| Requirements if free growing
stand cannot be established |
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46.2 |
(1)
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Subject to section 108 of the Act and
section 97.1 of this regulation, a person who |
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(a) |
is required to establish a free growing
stand under section 44 to 46.1 of this regulation, and |
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(b) |
knows that the requirements of section
44 to 46.1 of this regulation, as applicable, cannot be met, must |
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(c) |
give notice to the minister that the
requirements to establish a free growing stand cannot be met, giving
the reasons, and |
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(d) |
submit to the minister a proposal for
establishing a free growing stand on the area, including the
stocking standards, the free growing height and the latest date by
which the stocking standards and free growing height will be
achieved. |
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(2) |
The minister must approve a proposal
submitted under subsection (1) if the minister considers that the
proposal is consistent with section 26 (3). |
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(3) |
The minister must give notice to the
person who submitted the proposal if the proposal has been approved
or rejected and, if rejected, must provide written reasons. |
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(4) |
The rejection under subsection (3) is
reviewable as set out in sections 80 and 81 of the Act and those
sections and sections 82 to 84 of the Act apply in respect of the
review. |
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(5) |
A person who is notified under
subsection (3) that the proposal has been approved, must ensure that
a free growing stand is established that conforms to the approved
proposal.
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| Relief or funding |
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96 |
(1)
|
For the purpose of section 108 (1) (b)
the minister must not relieve an agreement holder from the
requirements of sections 37 to 40, 46, 46.1 or 74 of this regulation
unless satisfied that extraordinary circumstances exist which, due
to their nature, would make it unjust if the agreement holder were
not relieved. |
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(1.1) |
For the purpose of section 108 (2) and
(6) of the Act, "an event causing damage", in relation to an
area in which a person has an obligation to establish a free growing
stand, means |
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(a) |
a wildfire, |
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(b) |
an outbreak of Dothistroma in a
lodgepole pine plantation, if the plantation was established before
July 31, 2006, or |
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(c) |
a landslide, or a flood, that makes it
impossible to establish within 20 years of the commencement date a
free growing stand on the area affected by the flood or landslide. |
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(2) |
A person claiming, under section 108 of
the Act, relief from, or funding for, the obligation to establish a
free growing stand, must provide to the minister the following
information: |
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(a) |
the nature of the relief sought and why
the person is entitled to it; |
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(b) |
if the relief sought is funding under
section 108 (4) of the Act, a proposal for returning the stand to
the condition referred to in that subsection; |
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(c) |
an estimate of the extra expense
involved in carrying out the course of action, as described in
section 108 (3) of the Act. |
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(3) |
If the minister is satisfied that
relief or funding is required, the minister must, within one year of
receiving the information referred to in subsection (2), |
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(a) |
grant the relief, |
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(b) |
determine whether or not to provide the
funds necessary for the proposal under subsection (2) (b), or |
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(c) |
provide and fund an alternate course of
action to that proposed under subsection (2) (b), if the minister
determines that |
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(i) |
the obligation to establish a free
growing stand should continue, and |
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(ii) |
either |
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(A) |
the person has not provided a proposed course of
action under subsection (2) (b), or |
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(B) |
the proposed course of action under subsection (2)
(b) is unacceptable. |
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(4) |
During the period of one year described
in subsection (3), a person who makes a request is not required to
meet a requirement of the Act or this regulation that relates to the
request. |
| Bark beetle management
powers |
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109 |
(1)
|
The power of the minister to designate
an emergency bark beetle management area under section 2
[designation of an emergency bark beetle management area] of the
Bark Beetle Regulation, B.C. Reg. 286/2001, as it was immediately
before its repeal, is continued under this regulation. |
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(2)
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The power of the coordinator to
designate an emergency bark beetle management area as an emergency
management unit under section 3 [designation of an emergency
management unit] of the Bark Beetle Regulation, as it was
immediately before its repeal, is continued under this regulation.
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SCHEDULE 1
FACTORS |
[sections 12, 16, 24, 25,
26]
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| Factors relating to stocking
specifications |
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6 |
(1) |
In this section: |
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"even-aged stand" means a stand
of trees consisting of only one or two age classes; |
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"uneven-aged stand" means a
stand of trees consisting of three or more age classes. |
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(2)
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The following factors apply to the
development of stocking standards, generally: |
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(a) |
the long term forest health risks that
are relevant to species selection for the purposes of establishing a
free growing stand under section 29 [free growing stands] of
the Act; |
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(b) |
the occurrence and extent of forest
health factors. |
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September 25, 2008
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