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| Part 10 – Pilot Projects for Forest Practices or Range Practices |
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Public review and comment required before a pilot project may proceed |
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171 |
(1)
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Before a pilot project is approved under this Part, the person who proposes the pilot project must |
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(a) |
make the proposed pilot project publicly available for |
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(i) |
review, and |
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(ii) |
comment, |
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in accordance with the regulations, and |
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(b) |
submit to the minister a summary of the comments received and any actions taken or proposed to address issues raised in the comments. |
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(2)
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Before a regulation is made under this Part, the minister may establish a public advisory committee with terms of reference the minister considers advisable to make recommendations respecting the proposed pilot project. |
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Tests for making a pilot project regulation |
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172 |
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The Lieutenant Governor in Council may make regulations under section 173 only if the Lieutenant Governor in Council is satisfied that the proposed pilot project |
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(a) |
is in the public interest, |
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(b) |
will be consistent with the objectives set by government, |
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(c) |
maintains the role of the board as set out in sections 81 and 83 and Part 8, |
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(d) |
provides 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: |
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(i) |
planning documents and assessments used in the proposed pilot project; |
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(ii) |
records that the regulations require to be prepared for the proposed pilot project, and |
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(e) |
if the area in which a pilot project is proposed does not have a higher level plan, adequately provides for balancing competing values and interests in the area. |
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Regulation making powers respecting pilot projects |
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173 |
(1)
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The Lieutenant Governor in Council may make regulations respecting pilot projects to experiment with ways to improve the regulatory framework for forest practices or range practices. |
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(2)
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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 Forest
Act, the Range Act or the regulations made under any of those Acts do not apply |
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(a) |
to a timber sales manager, or |
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(b) |
to the holder of an agreement under the Forest Act or the Range
Act. |
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(3)
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Without limiting subsection (1), the Lieutenant Governor in Council, for the purposes of a pilot project, may make regulations respecting the following: |
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(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; |
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(b) |
the suspension or cancellation of a pilot project; |
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(c) |
the regulation or prohibition of forest practices or range practices; |
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(d) |
the protection of forest resources and of resource features; |
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(e) |
compliance and enforcement; |
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(f) |
the balancing of competing values and interests; |
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(g) |
planning; |
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(h) |
monitoring and evaluation of pilot projects; |
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(i) |
public review and comment related to pilot projects; |
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(j) |
public access to |
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(i) |
planning documents and assessments used in the pilot project, and |
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(ii) |
records that the regulations require to be prepared for the pilot project. |
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(4)
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Without limiting subsection (1), the Lieutenant Governor in Council |
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(a) |
may exercise for the purposes of a pilot project, all the regulation making powers in this Act, the Forest Act and the Range
Act, and |
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(b) |
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) or (3). |
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Application |
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174 |
(1)
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A regulation under this Part with respect to a pilot project does not apply to a timber sales manager or holder of an agreement under the Forest Act or the Range Act until the timber sales manager or holder has consented to take part in the pilot project. |
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(2)
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If a regulation under section 173 (2) provides that a provision of an Act does not apply to the holder of an agreement under the Forest Act or the Range Act, or to a timber sales manager or the government, the provision is also inapplicable to their |
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(a) |
employees or agents, or |
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(b) |
contractors, as defined in section 152 of the Forest
Act. |
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Annual reports |
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175 |
(1)
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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 minister on the pilot project. |
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(2)
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The timber sales manager who is the subject of a pilot project must report annually to the minister on the pilot project. |
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(3)
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The minister must make the reports publicly available. |
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Commencement – Repealed |
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176 |
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Repealed. [2003-55-65] |
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