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Forest Health and Forest Legislation

Forest and Range Practices Act of British Columbia

Sections Relevant to Forest Health (in green text); other sections retained to maintain context.

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Table of Contents

Forest and Range Practices Act

Part 2 -- Forest Stewardship Plan, Site Plan and Woodlot Licence Plan

Division 1 -- Forest Stewardship Plan

Exemption from forest stewardship plans 

4 (1) If a forest stewardship plan held by the holder of a licence or an agreement referred to in section 3 (1) or by the timber sales manager referred to in section 3 (2) does not apply to an area outside the forest development unit to which the plan pertains, in which area the holder or timber sales manager will harvest timber or construct a road, the holder or timber sales manager, as the case may be, is exempt in respect of the outside area from the requirement for a forest stewardship plan, but only for the following purposes:

(a) harvesting timber to eliminate a safety hazard;

(b) harvesting timber to facilitate the collection of seed, leaving an opening not greater than 1 ha;

(c) removing felled trees from landings and road rights of way;

(d) harvesting timber not exceeding a volume of 500 m³ that, in the opinion of the minister,

(i) is in danger of being significantly reduced in value, lost or destroyed, by insect infestation, fire or disease, or

(ii) has been treated or will be treated by the holder or timber sales manager to facilitate the entrapment or elimination of pests;

(e) other prescribed purposes.

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Content of forest stewardship plan 

5 (1) A forest stewardship plan must

(a) include a map that

(i) uses a scale and format satisfactory to the minister, and

(ii) shows the boundaries of all forest development units,

(b) specify intended results or strategies, and

(c) conform to prescribed requirements.

(2) A forest stewardship plan must be consistent with

(a) objectives set by government in relation to the following subject matter:

(i) soils;

(ii) visual quality;

(iii) timber;

(iv) forage and associated plant communities;

(v) water;

(vi) fish;

(vii) wildlife;

(viii) biodiversity;

(ix) resource features;

(x) cultural heritage resources, and

(b) timber harvesting rights granted by the government for any of the following to which the plan applies:

(i) the timber supply area;

(ii) the community forest agreement area;

(iii) the tree farm licence area;

(iv) the pulpwood area.

(3) A forest stewardship plan or an amendment to a forest stewardship plan must be signed by the person required to prepare the plan, if an individual or, if a corporation, by an individual or the individuals authorized to sign on behalf of the corporation.

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Limited protection for forest development units 

7 (1) The minister may not refuse to approve a proposed forest stewardship plan that carries forward an existing forest development unit solely on the basis that, as a result of carrying forward that unit, the proposed plan would not conform to section 16 (1) because

(a) during the period specified in subsection (2),

(i) an enactment applicable to the forest development unit has been made or amended, or

(ii) an objective set by government is established or varied

and the minister considers that the proposed forest stewardship plan is inconsistent with the enactment or objective, or

(b) during the period specified in subsection (2),

(i) catastrophic damage or destruction of timber has occurred in the vicinity of the forest development unit so that harvesting the forest development unit under the proposed forest stewardship plan would not achieve the results specified in the existing forest stewardship plan,

(ii) an area of land is designated by regulation as a community watershed or a fisheries sensitive watershed, or

(iii) an area of land that is a community watershed or a fisheries sensitive watershed is varied by regulation and the watershed as varied is applicable to the forest development unit.

(2) The specified period under subsection (1) begins 4 months before the date the existing plan was submitted for approval and ends 4 months before the date the proposed plan was submitted for approval.

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Mandatory amendments 

8 (1) Subject to subsection (2), within 2 years after the occurrence of an event described in section 7 (1) (a) or (b) that affects an area under a forest stewardship plan, the holder of the plan must submit to the minister an amendment to the plan in accordance with the regulations to take into account that event.

(2) If a different period than that described in subsection (1) is specified in relation to a forest stewardship plan for the purposes of this section in any

(a) enactment, or

(b) objective set by government,

that different period applies to the forest stewardship plan instead of the period mentioned in subsection (1).

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Division 3 -- Woodlot Licence Plan

Woodlot licence plan required 

12 (1) Before the holder of a woodlot licence harvests timber or constructs a road on land to which the licence applies, the holder must prepare, and obtain the minister's approval of, a woodlot licence plan that includes the area on which the timber is to be harvested and the roads are to be constructed.

(2) The holder of a woodlot licence may obtain a cutting permit or road permit only if it is consistent with a woodlot licence plan.

(3) Despite subsections (1) and (2), the minister, in the circumstances and on the conditions, if any, that are prescribed may authorize the holder of a woodlot licence to obtain a cutting permit or road permit

(a) to deal with a forest health emergency, or

(b) to harvest timber that has been damaged and is in danger of being significantly reduced in value, lost or destroyed.

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Division 4 -- General

Approval of forest stewardship plan, woodlot licence plan or amendment 

16 (1) The minister must approve a forest stewardship plan, a woodlot licence plan or an amendment to either, if the minister determines that

(a) the plan or an amendment conforms to this Act, the regulations and the standards, and

(b) the minister considers that

(i) the forest stewardship plan's results or strategies are likely to achieve the objectives set by government, or

(ii) the woodlot licence plan's results or strategies are likely to achieve the objectives set by government other than those referred to in section 13 (3).

(2) Unless an enactment, whenever enacted, or an objective set by government, whenever established, includes a statement that it applies despite this subsection, a forest stewardship plan, a woodlot licence plan or an amendment to either submitted to the minister for approval must be considered to have conformed to this Act, the regulations, the standards and the objectives set by government if the plan or amendment conforms to the relevant provisions of this Act, the regulations, the standards and the objectives as they were 4 months before the date of the submission of the plan or amendment to the minister.

(3) The minister must give written reasons for refusing to approve a forest stewardship plan, a woodlot licence plan or an amendment to either.

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Approval in emergency cases 

17 If the minister determines that timber subject to a forest stewardship plan, a woodlot licence plan, or an amendment to either should be harvested without delay because it is in danger of being damaged, significantly reduced in value, lost or destroyed, the minister, in prescribed circumstances, may approve the plan or amendment even though the plan or amendment does not comply with section 16.

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Part 3 -- Forest Practices

Division 3 -- Forest Health

Sanitation exemption 

25 The minister may exempt a person in writing from a specified provision of this Act, the regulations or the standards in an area if the minister establishes conditions the minister considers necessary in the circumstances and is satisfied that the exemption is necessary for the purposes of reducing damage caused by forest pests by harvesting or modifying timber to prevent the spread of the forest pests.

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Control of insects, disease, etc. 

26 (1) If the minister determines that on

(a) private land, or

(b) Crown land that is subject to an agreement under the Forest Act,

there are insects, diseases, animals or abiotic factors that are causing damage to a forest, then, by written notice given to the owner of the private land, to the holder of the agreement under the Forest Act or to the timber sales manager, the minister may request the owner, holder or timber sales manager to propose reasonable measures, within the time specified by the minister, to control or dispose of the insects, diseases, animals or abiotic factors.

(2) If the owner, holder or timber sales manager

(a) does not make a proposal under subsection (1) within the time specified,

(b) makes a proposal under subsection (1) within the time specified, receives the minister's approval to the proposal but does not carry out the proposal, or

(c) makes a proposal under subsection (1) that the minister rejects,

the minister, by order given to the owner, holder or timber sales manager, may require the owner, holder or timber sales manager to carry out measures specified in the order by a date specified in the order.

(3) If the minister approves a proposal under subsection (1) or makes an order under subsection (2), the minister, if he or she considers it necessary or desirable to facilitate the carrying out of the proposal or order, may exempt the owner, holder or timber sales manager from complying with one or more provisions of this Act, the regulations, the standards, an agreement under the Forest Act, a forest stewardship plan or a woodlot licence plan.

(4) If the minister makes an order under subsection (2) that is inconsistent with a provision of this Act, the regulations, the standards, an agreement under the Forest Act, a forest stewardship plan or a woodlot licence plan, the minister, in making an order, must exempt the owner, holder or timber sales manager from that provision.

(5) If a proposal approved, or an order made, by the minister under this section requires the holder of an agreement under the Forest Act to carry out a measure other than timber harvesting, then to the extent provided in the regulations, the expenses of the measure are to be paid by the government.

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Forest health emergency  

27 (1) If the Lieutenant Governor in Council considers that a forest health emergency exists in an area of Crown land or private land, he or she may designate the area by regulation as a forest health emergency management area.

(2) The minister may order

(a) the holder of an agreement under the Forest Act that authorizes timber harvesting in the emergency management area, or

(b) the timber sales manager

to carry out measures in the emergency management area, limited in the case of the holder, to the area of the holders agreement, to prevent, contain or limit the spread of forest health factors.

(3) An order under subsection (2) must specify

(a) the measures to be carried out,

(b) the date by which the measures must be completed, and

(c) the person's right to a review under section 80 or to an appeal under section 82.

(4) A person is exempt from any provisions of this Act, the regulations, the standards, an agreement under the Forest Act, a forest stewardship plan or a woodlot licence plan that, if complied with, would prevent the person from carrying out the measures referred to in subsection (2).

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Division 4 -- Silviculture and Gene Resources

Free growing stands 

29 (1) A holder of a major licence or community forest agreement who harvests timber to which a forest stewardship plan applies must establish in accordance with the plan, the prescribed requirements and the standards, a free growing stand on those portions of the area of the harvest that are in the net area to be reforested.

(2) If the timber sales manager

(a) has authorized the harvesting of timber under a timber sale licence that requires its holder to prepare a forest stewardship plan, or

(b) is the holder of a forest stewardship plan,

he or she must establish in accordance with the plan, the prescribed requirements and the standards, a free growing stand on those portions of the area of the harvest under the plan that are in the net area to be reforested.

(3) A holder of a woodlot licence who harvests timber under the licence must establish a free growing stand on those portions of the area of the harvest that are in the net area to be reforested in accordance with

(a) the woodlot licence plan, if any, that is pertinent to the licence,

(b) the prescribed requirements, and

(c) the standards.

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Part 7 -- General

Division 1 -- Liability and Privilege

Government may fund extra expense or waive obligation 

108 (1) The minister, under subsection (2), must grant relief, except in prescribed circumstances, or, as provided in subsections (3) and (4) must either grant relief or provide funding to a person who satisfies the minister that

(a) because of an event causing damage, an obligation of the person

(i) under an operational plan, other than an obligation under subparagraph (ii), or

(ii) to establish a free growing stand in accordance with a forest stewardship plan, woodlot licence plan, this Act, the regulations or the standards,

cannot be met without significant extra expense than would have been the case if the damage had not occurred, and

(b) the person did

(i) not cause or contribute to the cause of the damage,

(ii) exercise due diligence in relation to the cause of the damage, or

(iii) contribute to the cause of the damage but only as a result of an officially induced error.

(2) The relief to be granted to a person by the minister under subsection (1) for an obligation referred to in subsection (1) (a) (i) is relief from

(a) the person's obligation to the extent that it cannot be met without significant extra expense related to the damage referred to in subsection (1), or

(b) the person's obligation in full if the minister considers that the remaining obligation, after taking paragraph (a) of this subsection into account, is inconsequential.

(3) The relief to be granted to a person by the minister under subsection (1) for an obligation referred to in subsection (1) (a) (ii), as an alternative to providing the funding referred to in subsection (1), is relief from

(a) the person's obligation to establish the free growing stand mentioned in subsection (1) (a) (ii) if the obligation cannot be met without significant extra expense related to the damage referred to in subsection (1), or

(b) the person's obligation in full if the minister considers that the remaining obligation, after taking paragraph (a) into account, is inconsequential.

(4) As an alternative to granting relief as provided under subsections (1) and (3), in relation to a free growing stand, the funding referred to in subsection (1) may be provided to the person who has the obligation, in order to enable that person to fulfill the obligation, unless the minister considers that

(a) the cost to the government of funding the extra expense is out of proportion to the benefit to the public of fulfilling that part of the obligation, or

(b) it is in the public interest that the public money that would be required to fund the extra expense be spent in other ways.

(5) For the purposes of this section, in relation to an obligation to establish a free growing stand, the extra expense is the amount, determined in accordance with the regulations, required to restore the stand of trees on the area affected by the event referred to in subsection (1)

(a) to the stage the stand of trees had reached at the time of the damage caused by the event, or

(b) to the stage that is consistent with the person's obligation in that regard as modified by a regulation under subsection (7), if any.

(6) A decision in any proceeding that a person having an obligation referred to in subsection (1) did any of the things referred to in subsection (1) (b), is binding on the minister.

(7) The Lieutenant Governor in Council by regulation may modify the obligation referred to in subsection (1) (a) (ii).

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Division 2 -- Miscellaneous

Power to enter into agreements 

118 (1) The government may enter into agreements to assist in ensuring that forest resources are properly managed and conserved.

(2) Without limiting subsection (1), on behalf of the government,

(a) the chief forester may enter into agreements for the growing and disposing of seeds, seedlings and vegetative propagules,

(b) an official designated by the minister may enter into agreements for the control and disposal of insects, diseases, animals and abiotic factors on forest land and for sharing costs of control and disposal,

(c) the minister or an official designated by the minister may enter into agreements under which the government provides forest protection, forest health services, or fire control or suppression services, or

(d) an official designated by the minister may enter into an agreement with a person to develop, expand, maintain, repair or close an interpretative forest site, a recreation site or a recreation trail.

(3) An amount equal to any money paid to the government under an agreement referred to in subsection (2) (c) for a purpose specified in that subsection

(a) is appropriated for that purpose,

(b) is in addition to any other amount appropriated for that purpose, and

(c) is to be paid out of the consolidated revenue fund without any other appropriation other than this subsection.

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Costs of performing obligations 

120 (1)If this Act, a regulation or a standard requires a person to perform an obligation or otherwise comply with this Act, the regulations or the standards, the person must do so at the person's own expense unless another provision of this Act or the regulations specifically provides otherwise.

(2) If a person is required under this Act, the regulations or the standards to submit an operational plan for approval to a person acting on behalf of the government, any implementation of the plan is at the person's own expense.

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Part 9 -- Regulations and Standards

Objectives set by government 

149 The Lieutenant Governor in Council may make regulations respecting objectives set by government, including but not limited to regulations

(a) authorizing the minister to establish objectives set by government in relation to specified subject matter, or

(b) respecting procedures and criteria that are to be followed by the minister when establishing objectives set by government.

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Plans and practices 

151 (1) The Lieutenant Governor in Council may make regulations respecting operational plans, including but not limited to regulations prescribing

(a) their form and content,

(b) the form and content of maps included in the plans,

(c) the manner of, and time for, submitting the plans for approval,

(d) requirements for the making and submitting of assessments, reports or records,

(e) respecting the retention of a record required to be prepared under this Act,

(f) respecting the extension of the term for an operational plan,

(g) amendments to plans including specifying what amendments are not minor amendments,

(h) respecting balancing objectives or other plan contents when approving a plan, and

(i) how a forest stewardship plan must take into account other currently existing or future forest stewardship plans.

(2) The Lieutenant Governor in Council may make regulations respecting forest practices including but not limited to regulations

(a) prescribing requirements in relation to biological diversity, soil conservation and silviculture stocking standards, and

(b) respecting surveys required or permitted under this Act or the regulations.

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Practices and planning -- community forest agreements, woodlot licences 

153 (1) The Lieutenant Governor in Council may make regulations respecting

(a) woodlot licences, woodlot licence areas and holders of woodlot licences, and

(b) community forest agreements, community forest agreement areas and holders of community forest agreements.

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

(a) establishing requirements and restrictions regarding the planning and forest practices, including the establishment of a free growing stand on a community forest agreement area or a woodlot licence area;

(b) establishing conditions that must be complied with by the holder of a community forest agreement or a woodlot licence before, during and after forest practices;

(c) requiring site plans to be prepared by the holder of a community forest agreement or a woodlot licence and approved by the minister before forest practices are carried out on the community forest agreement area or a woodlot licence area;

(d) requiring that authority to carry out a forest practice on a community forest agreement area or a woodlot licence area be obtained before the forest practice begins;

(e) requiring persons to carry out actions for maintaining or improving forest health;

(f) establishing requirements for wildlife tree retention for areas within woodlot licence areas that apply despite any objective set by government with respect to wildlife tree retention;

(g) establishing or varying objectives for ungulate winter range to reduce the impact to the allowable annual cut of a woodlot licence.

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Forest resources 

154 The Lieutenant Governor in Council may make regulations respecting the protection of forest resources.

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Timber harvesting practices and methods 

156 The Lieutenant Governor in Council may make regulations respecting timber harvesting practices including but not limited to restricting or prohibiting a timber harvesting practice.

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Silvicultural systems and silviculture treatments 

157 (1) The Lieutenant Governor in Council may make regulations respecting silvicultural systems and silviculture treatments.

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

(a) clearcutting, including but not limited to restricting or prohibiting clearcutting,

(b) silviculture treatments, including but not limited to restricting or prohibiting various types of silviculture treatments,

(c) rehabilitation of areas,

(d) requirements for establishing a free growing stand on an area under an agreement under the Forest Act in which timber has been

(i) harvested under an agreement under the Forest Act,

(ii) harvested from an area where the holder of the agreement is exempt from the requirement to prepare a forest stewardship plan or a woodlot licence plan,

(iii) damaged or destroyed by natural causes, or

(iv) harvested other than in accordance with this Act, the regulations and the standards, and

(e) exempting persons from the requirements to establish a free growing stand under section 29 or on areas referred to in paragraph (d).

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Chief forester standards for forest practices 

169 (1) In prescribed circumstances, the chief forester may establish, vary or revoke standards respecting

(a) tree gene resources for purposes related to this Act, including without restriction the following:

(i) registration of seed including, without limitation, determination of genetic quality and imposition of conditions on the use of registered seed;

(ii) transfer of seed;

(iii) storage of tree seed with the government;

(iv) parent trees;

(v) forest stands, trees or seed having rare or unique genetic values;

(vi) stocking standards required for a free growing stand,

(b) fire use,

(c) the preparation of an operational plan,

(d) a forest practice, and

(e) a range practice.

(2) In a standard under subsection (1), the chief forester may do one or more of the following:

(a) delegate a matter to a person;

(b) confer a discretion on a person;

(c) make different standards for different persons, places, things or transactions.

(3) A standard takes effect on the date specified in the standard.

(4) A standard is not effective

(a) until notice of the standard and the method for meeting the standard has been published in the Gazette, and

(b) to the extent that it conflicts with this Act or the regulations.

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Last updated on September 05, 2007
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