Forest Practices Code of BC Act

PART 5 - PROTECTION OF FOREST RESOURCES: GENERAL

DIVISION 2 - FIRE USE AND PREVENTION

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 This document is available only as a reference for those sections repealed when the Forest and Range Practices Act came into force January 31, 2004.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

• TABLE OF CONTENTS
• PART 1 - DEFINITIONS
• PART 2 - STRATEGIC PLANNING, OBJECTIVES AND STANDARDS
• PART 3 - OPERATIONAL PLANNING REQUIREMENTS FOR GOVERNMENT AND FOR FOREST AND RANGE TENURE AGREEMENTS
• PART 4 - FOREST PRACTICES SPECIFIC TO FOREST AND RANGE TENURE AGREEMENTS AND THE GOVERNMENT
• PART 5 - PROTECTION OF FOREST RESOURCES: GENERAL
  • DIVISION 1 - DEFINITIONS
  • DIVISION 2 - FIRE USE AND PREVENTION
  • DIVISION 3 - FIRE CONTROL AND SUPPRESSION
  • DIVISION 4 - UNAUTHORIZED TIMBER HARVESTING AND TRESPASS
  • DIVISION 5 - BOTANICAL FOREST PRODUCTS
  • DIVISION 6 - RECREATION
  • DIVISION 7 - CONTROL OF DESTRUCTIVE AGENTS
• PART 6 - COMPLIANCE AND ENFORCEMENT
• PART 7 - GENERAL
• PART 8 - FOREST PRACTICES BOARD
• PART 9 - FOREST APPEALS COMMISSION
• PART 10 - REGULATIONS
• PART 10.1 - PILOT PROJECTS TO IMPROVE THE REGULATORY FRAMEWORK FOR FOREST PRACTICES
• PART 11 - TRANSITIONAL PROVISIONS

76. (1) A person must not light, fuel or make use of an open fire in or within 1 km of a forest except in compliance with

(a) this Act and the regulations, and

(b) any notice or order published, broadcast or given under section 78 (1).

(1.1) Subsection (1) applies depsite any provision to the contrary in an operational plan.

(2) [Repealed]

(3) Despite subsection (1), a person acting for the government may light, fuel or make use of an open fire if the fire is for fire control or suppression purposes.

(4) The Lieutenant Governor in Council may, by order, exempt an area or class of areas from subsection (1) and may, by regulation, regulate burning in the exempted area.

78. (1) A designated forest official, if he or she considers it necessary to limit the risk of a forest fire starting or to address a public health or safety concern,

(a) in a notice published or broadcast, or both, in or near an area, including an area exempted under section 76 (4), may

(i) restrict, with or without conditions, or prohibit the lighting, fueling or use of an open fire in an area, or

(ii) order that a person who is lighting, fueling or making use of an open fire in an area to extinguish the fire, and

(b) in a notice given to a person who is lighting, fueling or making use of an open fire in an area, including an area exempted under section 76 (4), may

(i) restrict, with or without conditions, or prohibit the person from lighting, fueling or making use of the fire, or

(ii) order the person to extinguish the fire.

(2) An order made under this section may be different for different

(a) types, categories or subcategories of open fires, or

(b) persons, places or things.

79. (1) If required by the regulations, a person who engages in a prescribed activity related to timber harvesting must, in accordance with the regulations,

(a) assess the fire hazard, and

(b) submit the results of the fire hazard assessment to a designated forest official.

(2) In accordance with the regulations, a designated forest official may assess whether a fire hazard exists on any land in or within 1 km of a forest, and for this purpose may enter onto private land.

(3) If a designated forest official makes an assessment under subsection (2), he or she must provide the results of that assessment to a person carrying out an industrial activity on the land, and, if the land is private land, the owner or any tenant.

(4) An assessment under subsection (1) is effective to the extent it does not conflict with an assessment under subsection (2).

80. (1) If a fire hazard exists on Crown land in or within 1 km of a forest as a result of an industrial activity, the person carrying out the activity and the person causing the activity to be carried out must abate, remove or both abate and remove, the fire hazard as required by, and in accordance with, the regulations.

(2) If a fire hazard exists on private land, in or within 1 km of a forest as a result of an industrial activity, the following persons must abate and remove the fire hazard in accordance with the regulations:

(a) the landowner;

(b) the tenant;

(c) the person carrying out the activity;

(d) the person causing the activity to be carried out.

(3) In accordance with the regulations, a landowner and tenant must abate and remove a fire hazard that exists on private land as a result of insects, disease, wind, fire or other causes.

(4) Without limiting subsections (2) and (3), if a fire hazard exists on private land as a result of activities or conditions referred to in subsection (2) or (3), and a corporation is the landowner, tenant, person carrying out the activity or person causing the activity to be carried out, the following persons must abate and remove the fire hazard in accordance with the regulations:

(a) the landowner;

(b) the tenant;

(c) the person carrying out the activity;

(d) the person causing the activity to be carried out;

(e) the directors and officers of the corporation;

(f) a person who controls the corporation;

(g) 2 or more persons not dealing at arm's length with each other who control the corporation.

82. If a designated forest official determines that a fire hazard has not been removed as required by this Act and the regulations, he or she may, in a notice of determination given to a person under section 118 (2), require the person to remove or abate the fire hazard and the person must comply.

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