Forest Practices Code of BC Act

PART 5 - PROTECTION OF FOREST RESOURCES: GENERAL

DIVISION 3 - FIRE CONTROL AND SUPPRESSION

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 This document is available only as a reference for those sections repealed when the Forest and Range Practices Act came into force January 31, 2004.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

83. In this Division:

"person's area of operation" means the area on which or within 500 m of which the person is carrying out an industrial activity;

"initial fire suppression" means action that is appropriate to take when a fire is first discovered, to contain or limit the spread of the fire, and, if possible, extinguish the fire;

"restricted area" means an area of land designated by the designated forest official as a restricted area under section 84.

84. (1) A designated forest official may, in a notice personally given, or in a notice that is published or broadcast in or near the area, order that for the period specified in the notice, the area is a restricted area, if the designated forest official considers it appropriate in a specified area

(a) as a preventive measure to limit the risk of a forest fire starting,

(b) as a public safety measure to protect the public from an actual or potential fire or from fire control or suppression operations, or

(c) to avoid interference with fire control or suppression operations.

(2) If an order made under subsection (1) is in effect, subject to subsection (3), a person must not enter a restricted area except with the written consent of the designated forest official.

(3) An order under subsection (1) does not prevent a person from

(a) travelling to and from or occupying his or her residence,

(b) using a highway, as defined in the Highway Act, or

(c) carrying on or travelling to and from an operation of a type authorized under the order.

(4) A person entering a restricted area must comply with the regulations.

85.(1) A designated forest official may, by order, require a person to leave an area specified in the order if the government is engaged in fire control or suppression operations.

(2) A person who receives an order under subsection (1) must immediately comply with the requirements of the order.

(3) A designated forest official may make an order under subsection (1) whether or not the area specified in the order has been declared a restricted area.

86. A person who sees a fire burning in or within 1 km of a forest, that appears to be unattended or burning without any precautions taken to extinguish or prevent its spread, must immediately report the fire to a regional manager, district manager, designated forest official, peace officer or person who answers a forest fire reporting telephone number.

87. (1) Except for the purpose of starting a fire in accordance with this Act, a person must not drop a burning substance in or within 1 km of a forest.

(2) A person who contravenes subsection (1) must immediately take all reasonable steps to extinguish the burning substance.

88. (1) A person must take the actions required under subsection (2) if the person does any of the following things in or within 1 km of a forest:

(a) starts or causes a fire, otherwise than as permitted by this Act and the regulations;

(b) starts or causes an open fire that spreads beyond the area authorized or intended for burning or that otherwise becomes out of control.

(2) A person to whom subsection (1) applies must

(a) immediately take all reasonable steps to extinguish the fire, if the fire can be extinguished, and after that to report the fire, or

(b) if it appears the fire cannot be extinguished by the person, immediately report the fire.

(3) A fire is reported when it is made known to a regional manager, district manager, a designated forest official, peace officer or person answering a forest fire reporting telephone number.

89. (1) The government may carry out a fire control and suppression operation

(a) on any land, wherever located, if a designated forest official determines that

(i) the operation is necessary to control or extinguish a fire, and

(ii) forest resources on Crown land or private land are threatened by the fire, or

(b) on land within a local government's jurisdiction if the local government or a person authorized by the local government requests that the operation be carried out.

(2) If the government causes fire control or suppression operations to be carried out on private land under subsection (1), the reasonable cost of the operations is a debt due the government by the owner of the land, payable on demand.

90. (1) A person acting on behalf of the government may enter on private land for the purpose of carrying out fire control or suppression operations on adjoining land.

(2) The government must compensate the owner and any tenant for damage caused to private land by the government under subsection (1).

91.(1) A person carrying out an industrial activity in or within 300 m of a forest must

(a) do so in accordance with the regulations, and

(b) at all times have

(i) the tools and equipment in the quantity and of the type required by the regulations, and

(ii) the prescribed number of personnel who meet the prescribed training qualifications.

(2) A person engaged in a prescribed category of industrial activity must submit to a designated forest official a fire preparedness plan that

(a) specifies proposed fire detection and initial fire suppression for the person's area of operation, and

(b) meets the requirements of the regulations.

92. (1) If a person is carrying out an industrial activity and a fire occurs in or within 1 km of a person's area of operation, that person

(a) must report the fire to the regional manager, district manager, designated forest official or person answering a forest fire reporting telephone number, and

(b) carry out initial fire suppression in accordance with the regulations.

(2) A person is not relieved of a responsibility under subsection (1) by the government carrying out a fire control and suppression activity in the person's area of operation.

93. (1) A designated forest official may hire temporary employees for the purposes of carrying out fire suppression operations.

(2) The Public Service Act does not apply to a person hired as a temporary employee under subsection (1).

(3) A temporary employee hired under subsection (1) must be compensated by the government in accordance with the regulations.

(4) A designated forest official may, in writing, authorize a temporary employee to exercise, within the limits provided in the authorizations, the powers conferred on

(a) a designated forest official under section 77, 78 (1) (b), 85, 89 or 94, or

(b) a person acting on behalf of the government under section 90 (1).

94. (1) A designated forest official may, for the purposes of carrying out fire control or suppression operations,

(a) order a person

(i) to provide facilities and equipment that the person owns or has use of, and

(ii) if an employee of the person is trained to fight forest fires or has skills that can be used to fight forest fires, and is ordered to assist in controlling or extinguishing a fire under paragraph (b), to release an employee from his or her duties and to pay the employee his or her usual wages while fighting the fire, and

(b) order a person who is 19 or older to assist in controlling or extinguishing a forest fire if the person

(i) is physically capable of doing so, and

(ii) is trained to fight forest fires or possesses skills that can be used to fight forest fires.

(2) A person who is the subject of an order under subsection (1) must comply with the order without delay.

95. (1) Subject to subsections (2), (4), (5) and (7), a person who carries out initial fire suppression under section 92 or who complies with an order issued under section 94 must be compensated by the government in an amount determined by a designated forest official in accordance with the regulations.

(2) Despite subsection (1), a designated forest official may make a determination that a person, or that person's employee,

(a) caused a fire,

(b) failed to comply with section 92, or

(c) failed to comply with the regulations and that failure contributed to the cause or spread of a fire.

(3) If a designated forest official makes a determination under subsection (2), a designated forest official must give the person a notice of determination under section 120.

(4) The government is not liable to compensate a person who is determined under subsection (2) to have caused a fire or failed to comply, for an expense incurred in complying with an order issued under section 94 for

(a) equipment brought to a forest fire from within 30 km by road of the person's area of operation, including, for example, crawlers, tractors, trucks, excavators and skidders,

(b) any facilities or vehicles that serve the person's area of operation including, for example, camps, first aid offices, warehouses, machine shops, trucks and crew buses,

(c) wages payable to employees referred to in section 94 (1) (a) (ii), and

(d) prescribed expenses.

(5) The government is not liable to compensate a person for carrying out initial fire suppression activities under section 92 if a designated forest official has determined under subsection (2) of this section that the person or the person's employee

(a) caused the fire,

(b) failed to comply with section 92, or

(c) failed to comply with the regulations and that failure contributed to the cause or spread of the fire.

(6) In accordance with the regulations the government may compensate a person who incurs expense, other than on private land owned or occupied by the person, in voluntarily attempting to control or extinguish a fire burning in or within 1 km of a forest.

(7) Compensation is not payable under subsection (1) or (6) to a person in respect of expenses that relate to a fire on private land that the person owns, rents or leases.

indicate most recent changes to this page