Forest Practices Code of BC Act Contents Forest Practices Code of BC Act Regulations Legislation & Regulations Amendments Search the Legislation & Regulations Compendium Legislation & Regulations Feedback Form

Forest Practices Code of BC Act

PART 10.1 - PILOT PROJECTS TO IMPROVE THE REGULATORY FRAMEWORK FOR FOREST PRACTICES

NOTE: This is not the current version of the Forest Practices Code. This document is available only as a reference for those sections repealed when the Forest and Range Practices Act came into force January 31, 2004.

For the current version click here



221.1 Pilot projects

221.1 (1) The Lieutenant Governor in Council may make regulations respecting pilot projects to experiment with ways to improve the regulatory framework for forest practices.

(2) Without limiting subsection (1), the Lieutenant Governor in Council, for the purposes of a pilot project, may order by regulation that provisions pertaining to specified subject matter, or specified provisions, of this Act, the regulations made under this Act, the Forest Act, the regulations made under that Act, the Range Act or the regulatios made under that Act do not apply

(a) in relation to the small business forest enterprise program, to a district manager or the government, or

(b) to the holder of an agreement under the Forest Act or the Range Act.

(3) The lieutenant Governor in Council may make a regulation under this section, including a regulation made under a regulation making power referred to in subsection (8), only if satisfied that the regulation is for the purposes of a pilot project and

(a) the district manager, or if the holder of an agreement under the Forest Act or the Randge Act proposes the pilot project, the holder of the agreement,

(i) has subjected the proposed pilot project to public review and comment, and

(ii) has submitted to the ministers a summary of the comments received and any actions taken or proposed to address issues raised in the comments,

(b) in accordance with subsection (3.1), the Lieutenant Governor in Council considers that the proposed pilot project

(i) will provide at least the equivalent protection for forest resources and resource features as that provided by this Act and the regulations made under this Act,

(ii) will be consistent with the preamble to this Act, and

(iii) will provide for adequate management and conservation of forest resources,

(c) the regulations adequately provide for public review and comment respecting forest practices to be carried out under the proposed pilot project,

(d) the regulations adequately provide for monitoring and for evaluation criteria of the proposed pilot project,

(e) the role of the board as set out in section 128 and Part 8 is maintained with respect to the proposed pilot project, and

(f) under the regulations, there is public access to the following, except in circumstances in which the Lieutenant Governor in Council considers that such public access would jeopardize cultural heritage resources:

(i) planning documents and assessments used in the proposed pilot project;

(ii) records that the regulations require to be prepared for the proposed pilot project.

NEW(3.1) The Lieutenant Governor in Council may consider that a proposed pilot project meets the requirements of subsection (3) (b) (i), if

(a) the Lieutenant Governor in Council makes that determination, or

(b) the minister notifies the Lieutenant Governor in Council in writing that the minister considers that the planning processes provided for in the proposed pilot project, once completed, will provide at least the equivalent protection for forest resources and resource features as that provided by this Act and the regulations made under this Act.NEW

(4) All pilot projects, in a forest region, must not account for more than

(a) 10% of the total of all allowable annual cuts in effect in the forest region on the coming into force of this section, and

(b) 10% of the total of all animal unit months in effect in the forest region on the coming into force of this section.

(5) A pilot project may be established only in an area that is subject to a higher level plan, or an area subject to a regulation made under subsection (7) (f) for balancing competing values and interests.

(6) For a pilot project, the ministers may establish a committee, to be known as a local public advisory committee, to do the following in accordance with the ministers' directions:

(a) to review comments made by the public under subsection (3) (a) (i);

(b) to review the summary of the comments and actions taken or proposed under subsection (3) (a) (ii);

(c) to report to the ministers as to the public acceptability of the proposed pilot project.

(7) Without limiting subsection (1), the Lieutenant Governor in Council, for the purposes of a pilot project, may make regulations repsecting the following:

(a) conditions, including providing that all or part of a regulation made under subsection (2) is subject to a condition and requiring that a person to whom the regulation applies comply with the condition;

(b) the suspension or cancellation of a pilot project;

(c) the regulation or prohibition of forest practices;

(d) the protection of forest resources and of resource features;

(e) compliance and enforcement;

(f) the balancing of competing values and interests for the purposes of subsection (5);

(g) planning;

(h) monitoring and evaluation of pilot projects;

(i) public review and comment related to pilot projects;

(j) public access to

(i) planning documents and assessments used in the pilot project, and

(ii) records that the regulations require to be prepared for the pilot project.

(8) Without limiting subsection (1), the Lieutenant Governor in Council may exercise all the regulation making powers in this Act, the Forest Act and the Range Act for the purposes of a pilot project, and may make regulations that are contrary to a provision of those Acts if that provision is inapplicable because of a regulation made under subsection (2).

(9) A regulation under subsection (7) (f) may be made only with the consent of the ministers.

(10) A regulation under this Part with respect to a pilot project does not apply to a holder of an agreement under the Forest Act or the Range Act until the holder has consented to take part in the pilot project.

(11) If a regulation under subsection (2) provides that, for the purposes of a pilot project, a provision of an Act does not apply to a district manager or to the holder of an agreement under the Forest Act or the Range Act, the provision is also inapplicable, for the purposes of the pilot project, to their

(a) employees or agents, or

(b) contractors, as defined in section 152 of the Forest Act.




221.2 Annual reports

221.2 In accordance with the regulations

(a) the holder of an agreement under the Forest Act or the Range Act who is the subject of a pilot project must report annually to the ministers on the pilot project,

(b) the district manager must report annually to the ministers on any pilot project in the district manager's district that is not referred to in paragraph (a), and

(c) the ministers must make the reports publicly available.




221.3 Penalty revenue to be paid in accordance with section 117.2

221.3 All revenue payable from penalties imposed under this Part must be paid in accordance with section 117.2.


NEW NEW indicate most recent changes to this page