Statutes and Regulations

Part 11 – Transitional
Division 1 – General
	Definitions and interpretation
	177	(1)	In this Part, except section 216:
			"Code" means the Forest Practices Code of British Columbia Act as it was immediately before the effective date;
			"Code regulations" means
			(a)	the regulations under the Code, and
			(b)	the standards under the Code
			as they were immediately before the effective date;
			"effective date" means the date this section comes into force;
			"site level plan" means
			(a)	a silviculture prescription under section 22.1 of the Code,
			(b)	a pre-harvest silviculture prescription or silviculture prescription that was prepared or approved by the district manager under the Forest Act and that was in effect on June 15, 1995,
			(c)	a site plan prepared under
				(i)	section 21.1 of the Code, or
				(ii)	a regulation made under section 217.1 of the Code, including site plan information specified in a forest development plan whether or not that plan has expired,
			(d)	a road layout and design prepared under section 60 of the Code, and
			(e)	a plan prepared under section 189 (3) or 201 (1) of this Act.
		(2)	In this Part, a reference in the Code or the Code regulations to
			(a)	a district manager preparing a forest development plan or a site plan is deemed to be a reference to a timber sales manager preparing the forest development plan or the site plan, and
			(b)	a district manager approving or giving effect to a plan, granting an exemption, providing an authorization or attaching a condition is deemed to be a reference to the minister approving or giving effect to the plan, granting the exemption, providing the authorization or attaching the condition, as the case may be.
		(3)	In this Part,
			(a)	a reference to the Operational and Site Planning Regulation is a reference to the Operational and Site Planning Regulation as it was immediately before the effective date, and
			(b)	a reference to the Forest Road Regulation is a reference to the Forest Road Regulation as it was immediately before the effective date.
	Applicability of certain provisions of Part 6 of this Act for the Code
	177.1	(1)	Sections 59 to 70, 71 (1), (2), (5) and (6), 72 to 86 and 88 to 103 of this Act apply to and in respect of the Code and the Code regulations.
		(2)	A person to whom the Code and the Code regulations apply who contravenes a requirement, the contravention of which is an offence under the Code or the Code regulations, commits that offence under the Code or the Code regulations and is liable on conviction
			(a)	to a fine not exceeding the maximum amount specified in the Code or the Code regulations for that offence,
			(b)	to imprisonment not exceeding the maximum amount specified in the Code or the Code regulations for that offence, or
			(c)	to both.
		(3)	For contraventions of the Code or the Code regulations, the maximum administrative penalties are as provided for under the Code and the Code regulations.
		(4)	For the purposes of this section,
			(a)	the references in section 67 of this Act to sections 52, 50 (2) and 51 must be read as references to sections 96, 100 and 101, respectively, of the Code,
			(b)	the reference in section 68 (1) of this Act to section 50 (1) must be read as a reference to section 98 of the Code,
			(c)	the reference in section 71 (2) (a) (i) of this Act to an administrative penalty in an amount that does not exceed a prescribed amount must be read as a reference
				(i)	to
					(A)	the penalty provided for under section 117 (1) of the Code, up to and including the amount provided for under that provision, or
					(B)	that penalty plus the additional penalty provided for in section 119 (3) of the Code, up to and including the amount referred to in that provision, or
				(ii)	to
					(A)	the penalty provided for in section 119 (1) of the Code, up to and including the amount referred to in that provision, or
					(B)	that penalty plus the additional penalty provided for in section 119 (3) of the Code, up to and including the amount referred to in that provision,
			(d)	the references in section 90 of this Act to sections 26 (2), 51 (7), 54 (2), 57 (4), 66 (1) and 74 (1) must be read as references to sections 106 (1), 101 (2), 99 (2), 102 (3), 123 and 118, respectively, of the Code,
			(e)	the reference in section 93 of this Act to section 46 (1) must be read as a reference to section 45 (1), (3) or (4), as applicable, of the Code,
			(f)	the references in section 93 of this Act to sections 50 (1), 54 (1), 55 and 57 (1) must be read as references to sections 98, 99 (1), 103 and 102 (1), respectively, of the Code,
			(g)	the references in section 94 of this Act to sections 52 and 53 must be read as references to sections 96 and 97, respectively, of the Code,
			(h)	the reference in section 95 of this Act to section 50 must be read as a reference to section 100 of the Code, and
			(i)	the reference in section 96 of this Act to section 57 must be read as a reference to section 102 of the Code.
	Implementation regulations
	178	(1)	The Lieutenant Governor in Council may make regulations considered necessary or advisable for the purpose of more effectively bringing into operation this Act, and to remedy any transitional difficulties encountered in doing so.
		(2)	A regulation made under this section may be made retroactive to a date not earlier than the effective date.
		(3)	This section is repealed on January 1, 2007, and on its repeal any regulations made under it are also repealed.
		(4)	The Lieutenant Governor in Council by regulation may substitute a date that is no later than January 1, 2008 for the date referred to in subsection (3).
	Immediate application
	179	(1)	Unless otherwise provided in this Part, this Act, the regulations and the standards apply to
			(a)	the government, and
			(b)	a holder of an agreement under the Forest Act or the Range Act or of a special use permit, whether or not the agreement or permit was entered into or issued before on or after the effective date.
		(2)	Subsection (1) applies despite any wording in the agreement or permit to the contrary.
		(3)	If an administrative review has commenced before the effective date, sections 129 and 130 of the Code continue to apply to that review, despite the repeal of those sections.
Division 2 – Grandparenting Designations, Objectives and Measures
	Grandparenting specified designations
	180		Every area established or continued under the Code as
			(a)	an ungulate winter range,
			(b)	a wildlife habitat area,
			(c)	a scenic area,
			(d)	an emergency bark beetle management area,
			(e)	a community watershed,
			(f)	an area with significant downstream fisheries values,
			(g)	an area with significant watershed sensitivity,
			(h)	a lakeshore management zone,
			(i)	an interpretive forest site,
			(j)	a recreation site,
			(k)	a recreation trail, or
			(l)	a forest ecosystem network
			that was in effect immediately before the effective date is continued under this Act.
	Grandparenting objectives
	181		All objectives in respect of areas continued under section 180 that were in effect immediately before the effective date are continued as objectives under this Act.
	General wildlife measures
	182		All general wildlife measures that were
			(a)	established under the Code and the Code regulations, and
			(b)	in effect immediately before the effective date
			are continued as general wildlife measures under this Act.
Division 3 – Grandparenting Permits
	Cutting permits
	183		Every cutting permit, issued under an agreement under the Forest Act, that is in effect immediately before the effective date
			(a)	is deemed to be a cutting permit under this Act and the regulations, and
			(b)	subject to the Forest Act, remains in effect for the term specified in the permit.
	Road permits
	184		Every road permit, issued under the Forest Act, that is in effect immediately before the effective date is deemed to be a road permit under this Act and the regulations.
	Road use permits
	185	(1)	Subject to subsection (2), every road use permit, issued under an agreement under the Forest Act, that is in effect immediately before the effective date is deemed to be a road use permit under this Act and the regulations.
		(2)	On and after the effective date, every road use permit referred to in section 54 (2) (e) of the Code is no longer valid.
Division 4 – Transition for Forest Operational Plans and Practices
	Application
	186		This Division does not apply to or in respect of the holder of a woodlot licence or of a licence to cut.
	Grandparenting forest development plans
	187	(1)	A forest development plan that was approved or given effect under the Code and that was in effect immediately before the effective date remains in effect until whichever happens first,
			(a)	the agreement for which the plan was prepared expires and is not replaced or is cancelled, surrendered or otherwise terminated,
			(b)	the plan is replaced with a forest stewardship plan prepared in accordance with this Act,
			(c)	subject to paragraph (d) and to subsection (3), December 31, 2006, or
			(d)	if the plan is for a community forest agreement, the end of the term specified in the approval of the plan.
		(1.1)	Despite subsection (1) (a), a forest development plan that
			(a)	was approved or given effect under the Code and that was in effect immediately before the effective date, and
			(b)	immediately before the effective date pertained to a pre-existing licence referred to in section 24.2 of the Forest Act
			remains in effect for the forest licence, if any, that replaces the pre-existing licence until whichever of the following happens first:
			(c)	the forest licence expires and is not replaced or is cancelled, surrendered or otherwise terminated;
			(d)	the plan is replaced with a forest stewardship plan prepared in accordance with this Act;
			(e)	subject to subsection (3), December 31, 2006.
		(2)	The holder of a forest development plan must prepare any amendments to the plan or replacement of the plan required under the Code.
		(3)	The Lieutenant Governor in Council by regulation may substitute a date that is no later than December 31, 2007 for the date referred to in subsection (1) (c) or (1.1) (e).
	Preparing a forest development plan during the transition period
	188	(1)	Despite section 3, but subject to subsection (6) (a), on or before December 31, 2005 a timber sales manager or a holder of an agreement under the Forest Act may prepare and submit for the district manager's approval a forest development plan under this section.
		(2)	The Code and the Code regulations apply to forest development plans prepared under subsection (1).
		(3)	For the purposes of sections 21 and 22 of the Operational and Site Planning Regulation,
			(a)	a forest development plan referred to in subsection (1) is deemed to be a "subsequently proposed forest development plan", and
			(b)	the cutblocks and roads referred to in those sections continue to have the same protection afforded to them in respect of the circumstances in which the district manager may or may not refuse to approve a subsequently proposed forest development plan.
		(4)	A forest development plan referred to in subsection (1) remains in effect until whichever happens first,
			(a)	the agreement for which the plan was prepared expires and is not replaced or is cancelled, surrendered or otherwise terminated,
			(b)	the plan is replaced with a forest stewardship plan prepared in accordance with this Act,
			(c)	subject to paragraph (d) and to subsection (6) (b), December 31, 2006, or
			(d)	if the plan is for a community forest agreement, the end of the term specified in the approval of the plan.
		(5)	The holder of a forest development plan referred to in subsection (1) must prepare any amendments to the plan or replacement of the plan required under the Code.
		(6)	The Lieutenant Governor in Council by regulation
			(a)	may substitute a date that is no later than December 31, 2006 for the date referred to in subsection (1), and
			(b)	may substitute a date that is no later than December 31, 2007 for the date referred to in subsection (4) (c).
	Site level planning for cutblocks before the approval of a forest stewardship plan
	189	(1)	A site level plan for a cutblock that was in effect immediately before the effective date remains in effect.
		(2)	The Code and the Code regulations apply to a site level plan referred to in subsection (1).
		(3)	The
			(a)	timber sales manager, or
			(b)	holder of an agreement under the Forest Act
			who has a forest development plan referred to in section 187 or 188, and who has not prepared a site plan under the Code before the effective date, must prepare the site plan in accordance with the Code and the Code regulations.
		(4)	Subsection (3) does not require a site plan if one is not required under the Code.
	Site plans for roads before the approval of a forest stewardship plan
	190	(1)	A road layout and design that was in effect immediately before the effective date remains in effect.
		(2)	The Code and the Code regulations apply to a road layout and design referred to in subsection (1).
		(3)	The
			(a)	timber sales manager, or
			(b)	the holder of an agreement under the Forest Act
			who has a forest development plan referred to in section 187 or 188, and who has not prepared a road layout and design under the Code and the Code regulations before the effective date, must prepare a road layout and design in accordance with the Code and the Code regulations and, if required, obtain approval of the road layout and design.
		(4)	Subsection (3) does not require a road layout and design if one is not required under the Code or the Code regulations.
	Operations in cutblocks begun under the Code
	191	(1)	If the holder of an agreement under the Forest Act, before the effective date, has begun harvesting on an area in a cutblock, the holder must comply with the requirements of the Code and the Code regulations that pertain to the holder for the area.
		(2)	If a timber sales manager, before the effective date,
			(a)	has authorized harvesting in a cutblock, and
			(b)	harvesting has begun on the area
			the timber sales manager must comply with the requirements of the Code and the Code regulations that pertain to the government for the area.
		(3)	The government must comply with the requirements of the Code and the Code regulations that pertain to areas for which the government
			(a)	is required to establish a free growing stand under section 70 (2) of the Code, and
			(b)	has assumed the responsibility for carrying out a prescription or site plan under section 71 (3) of the Code.
	Operations in cutblocks begun after the effective date and before the approval of a forest stewardship plan
	192	(1)	If the holder of an agreement under the Forest Act, on or after the effective date, begins harvesting on an area that
			(a)	is in a cutblock, and
			(b)	is subject to a forest development plan referred to in section 187 or 188,
			the holder must comply with the requirements of the Code and the Code regulations that pertain to the holder for the area.
		(2)	If the timber sales manager, on or after the effective date, authorizes harvesting on an area that
			(a)	is in a cutblock, and
			(b)	is subject to a forest development plan referred to in section 187 or 188,
			the timber sales manager must comply with the requirements of the Code and the Code regulations that pertain to the government for the area.
	Road operations begun under the Code
	193	(1)	If the holder of an agreement under the Forest Act, before the effective date, begins construction, maintenance or deactivation of a road, the holder must comply with the requirements of the Code and the Code regulations that pertain to the holder for the road.
		(2)	If the timber sales manager, before the effective date,
			(a)	has authorized construction, maintenance or deactivation of a road, and
			(b)	the construction, maintenance or deactivation, as the case may be, has begun,
			the timber sales manager must comply with the requirements of the Code and the Code regulations that pertain to the government for the road.
	Road operations begun on or after the effective date and before the approval of a forest stewardship plan
	194	(1)	If, on or after the effective date, the holder of an agreement under the Forest Act begins road construction, maintenance or deactivation on an area that is subject to a forest development plan or site plan, the holder must comply with the requirements of the Code and the Code regulations that pertain to the holder for the road construction, maintenance or deactivation.
		(2)	If, on or after the effective date, the timber sales manager authorizes road construction, maintenance or deactivation on an area that is subject to a forest development plan or site plan, the timber sales manager must comply with the requirements of the Code and the Code regulations that pertain to the timber sales manager for the road construction, maintenance or deactivation.
	Applying for cutting permits and road permits before a forest stewardship plan is approved
	195	(1)	Despite section 3, if a person is
			(a)	the holder of
				(i)	a major licence,
				(ii)	a timber sale licence that requires the holder of the licence to prepare a forest stewardship plan, or
				(iii)	a community forest agreement, and
			(b)	the holder of a forest development plan that is in effect,
			the person may obtain a cutting permit, road permit or licence to cut in accordance with the Forest Act, the Code and the Code regulations.
		(2)	Despite section 3, a timber sales manager who is the holder of a forest development plan that is in effect, in accordance with the Forest Act, the Code and the Code regulations, may
			(a)	invite applications for, or enter into, a timber sale licence to which subsection (1) does not apply, and
			(b)	issue a road permit.
	Protection of cutblocks and roads from a forest development plan into a forest stewardship plan
	196	(1)	Except in prescribed circumstances, a proposed forest stewardship plan must be considered to have received the minister's approval under section 16 (1) for the parts, if any, of the forest stewardship plan that pertain to an area in a forest development unit that is
			(a)	a cutblock, if the cutblock has been included in a forest development plan, with the assessments required in sections 16, 17, 36.1 and 37 of the Operational and Site Planning Regulation shown as completed, and
			(b)	a road, if the road has been included in a forest development plan, with the assessments required in section 5 of the Forest Road Regulation shown as completed.
		(2)	A proposed forest stewardship plan must be considered to have received the minister's approval under section 16 (1) for the parts, if any, of the plan that pertain to a cutblock or road that has been included as part of a forest development plan that is in effect on the date of the submission of the forest stewardship plan to the minister, unless
			(a)	one or more of the following events have occurred during the period specified in subsection (3):
				(i)	an enactment applicable to the forest development unit has been made or amended;
				(ii)	an objective set by government has been established or varied;
				(iii)	an area of land has been designated by regulation as a community watershed;
				(iv)	an area of land that was a community watershed has been varied by regulation and the watershed as varied is applicable to the forest development unit;
				(v)	timber in the vicinity of the forest development unit has suffered catastrophic damage, and
			(b)	the minister considers that the forest development unit is inconsistent with the events described in paragraph (a) that have occurred.
		(3)	The specified period under subsection (2) (a) begins 4 months before the date the existing forest development plan was submitted for approval and ends 4 months before the date the proposed forest stewardship plan was submitted for approval.
	Effect of approval of a forest stewardship plan
	197	(1)	A forest stewardship plan approved under section 16 replaces any forest development plan that, on the date the forest stewardship plan was approved, was in effect for the part of the area under the forest development plan that is in the area under the forest stewardship plan.
		(2)	Any site level information in a forest development plan at the time of its replacement under subsection (1) by a forest stewardship plan continues to be applicable for cutblocks in the forest stewardship plan area that have been harvested or are subject to a cutting permit.
		(3)	The replacement under subsection (1) of a forest development plan by a forest stewardship plan does not affect a site plan prepared before the replacement.
		(4)	Unless otherwise specified in a forest stewardship plan, the approval of the plan does not affect the requirements that must be met for any area in which timber harvesting or road construction has begun before the approval of the plan.
		(5)	If, before the replacement under subsection (1) of a part of a forest development plan,
			(a)	the holder
				(i)	begins harvesting of a cutblock, and
				(ii)	is required to establish a free growing stand on an area harvested, and
			(b)	the stocking standards specified in the plan apply to the net area to be reforested,
			unless otherwise specified in a forest stewardship plan, the stocking standards in the plan remain in effect until the free growing stand is established.
		(6)	Subject to subsection (7), a person who begins timber harvesting or road construction on an area after the approval of a forest stewardship plan must comply with the requirements of this Act, the regulations, the standards and the forest stewardship plan that pertain to the person for the area.
		(7)	Unless otherwise specified in a forest stewardship plan, the Code and the Code regulations continue to apply to an area that is
			(a)	in a cutblock and subject to a cutting permit or licence to cut in effect on the date the forest stewardship plan was approved,
			(a.1)	described in a timber sale licence in effect on the date the forest stewardship plan was approved, or
			(b)	in a road right of way and subject to a road permit in effect on the date the forest stewardship plan was approved.
		(8)	The holder of a forest stewardship plan may amend the site level information referred to in subsection (2) in accordance with the Code and the Code regulations.
Division 5 – Transition for Woodlot Licences
	Performance standard for existing obligations
	198		If a holder of a woodlot licence has carried out a forest practice in the woodlot licence area before the effective date and the requirements of the Code and the Code regulations that pertain to that area have not been completed before the effective date, the holder must comply with those requirements.
	Grandparenting forest development plans
	199	(1)	A forest development plan that is held by the holder of a woodlot licence, was approved under the Code and was in effect immediately before the effective date is deemed to be a forest development plan under this Act and remains in effect until whichever happens first,
			(a)	the agreement for which the plan was prepared expires and is not replaced or is cancelled, surrendered or otherwise terminated,
			(b)	the plan is replaced with a woodlot licence plan prepared in accordance with this Act, or
			(c)	subject to subsection (2), the later of
				(i)	December 31, 2006, and
				(ii)	the end of the term specified in the approval of the plan.
		(2)	The Lieutenant Governor in Council by regulation may substitute a date that is no later than December 31, 2007 for the date referred to in subsection (1) (c) (i).
	Preparing a forest development plan during the transition period
	200	(1)	Despite section 12, but subject to subsection (4), on or before December 31, 2005, a holder of a woodlot licence may prepare and submit for the district manager's approval a forest development plan under this section.
		(2)	Each of the following apply to forest development plans prepared under subsection (1):
			(a)	Part 3 of the Code;
			(b)	the Code regulations respecting woodlot licences.
		(3)	A forest development plan referred to in subsection (1) remains in effect until whichever happens first,
			(a)	the agreement for which the plan was prepared expires and is not replaced or is cancelled, surrendered or otherwise terminated,
			(b)	the plan is replaced with a woodlot licence plan prepared in accordance with this Act, or
			(c)	subject to subsection (4), the later of
				(i)	December 31, 2006, and
				(ii)	the end of the term specified in the approval of the plan.
		(4)	The Lieutenant Governor in Council by regulation
			(a)	may substitute a date that is no later than December 31, 2006 for the date referred to in subsection (1), and
			(b)	may substitute a date that is no later than December 31, 2007 for the date referred to in subsection (3) (c) (i).
	Areas under a forest development plan
	201	(1)	A holder of a woodlot licence who has a forest development plan referred to in section 199 or 200 must prepare, in accordance with the Code and the Code regulations, any
			(a)	amendments to the plan or replacement of the plan, and
			(b)	site plans
			that are required under the Code.
		(2)	A holder of a woodlot licence who carries out a forest practice on an area under a forest development plan or site plan referred to in subsection (1) must comply with the requirements of the Code and the Code regulations that pertain to the holder for the area.
		(3)	Despite section 12, before a holder of a woodlot licence obtains approval of a woodlot licence plan, the holder may apply for a cutting permit, road permit or road use permit in accordance with the Code and the Code regulations.
	Effect of approval of a woodlot licence plan
	202	(1)	A woodlot licence plan approved under section 16 replaces any forest development plan that, on the date the woodlot licence plan was approved, was in effect for the woodlot licence area.
		(2)	Any site plan information in a forest development plan at the time of its replacement under subsection (1) by a woodlot licence plan continues to be applicable for cutblocks in the woodlot licence area that have been harvested or are subject to a cutting permit.
		(3)	The replacement under subsection (1) of a forest development plan by a woodlot licence plan does not affect a site plan prepared before the replacement.
		(4)	If a performance requirement under this Act conflicts or is inconsistent with a performance requirement in a site plan referred to in subsection (3), the performance requirement in the site plan prevails.
		(5)	The holder of a woodlot licence plan may amend the site plan information referred to in subsection (2) in accordance with the Code and the Code regulations.
Division 6 – Transition for Licences to Cut
	Licences to cut: general
	203	(1)	Subject to section 204, the holder of a licence to cut who harvests timber under a licence to cut entered into before the effective date must comply with the requirements of the Code and the Code regulations that pertain to the licence.
		(2)	Subject to section 204, a holder of a licence to cut entered into on or after the effective date who harvests timber under the licence must comply with the requirements of this Act, the regulations and the standards that pertain to the licence.
		(3)	This section does not apply to a holder of a licence to cut that is granted under a pulpwood agreement.
	Licences to cut that provide for cutting permits
	204	(1)	A holder of a licence to cut who harvests timber on an area under a cutting permit issued under the licence that is in effect on the effective date must comply with the requirements of the Code and the Code regulations that pertain to the area.
		(2)	A holder of a licence to cut who harvests timber on an area under a cutting permit issued under the licence after the effective date must comply with the requirements of this Act, the regulations and the standards that pertain to the area.
		(3)	Despite subsections (1) and (2), a holder of a master licence to cut, as defined in section 1 (1) of the Forest Act, who harvests timber on an area under a cutting permit, whenever issued, must comply with the requirements of the Code and the Code regulations that pertain to the licence.
Division 7 – Range Transition
	Grandparenting range use plans
	205	(1)	A range use plan prepared or approved under the Code that is in effect immediately before the effective date is deemed to be a range use plan under this Act and the regulations and remains in effect until whichever happens first,
			(a)	the agreement for which the plan was prepared expires and is not replaced or is cancelled, surrendered or otherwise terminated,
			(b)	the plan is replaced with a range use plan or a range stewardship plan prepared in accordance with this Act, or
			(c)	subject to subsection (3), December 31, 2006.
		(2)	If the circumstances in subsection (1) (a) to (c) have not occurred, the person who prepared a range use plan referred to in subsection (1), whether the district manager or the holder, remains responsible for preparing
		(3)	The Lieutenant Governor in Council by regulation may substitute a date that is no later than December 31, 2007 for the date referred to in subsection (1) (c).
			(a)	any amendments to the plan, or
			(b)	any replacement of the plan
			required under the Code and the Code regulations.
	Requirements for areas under a grandparented range use plan
	206	(1)	Despite section 32, a holder of an agreement under the Range Act who has a range use plan referred to in section 205 may graze livestock, cut hay or carry out any other range practice on Crown range to which the agreement applies if, on the effective date, that grazing, hay cutting or other range practice was authorized.
		(2)	If a holder of an agreement under the Range Act referred to in subsection (1) carries out grazing, hay cutting or any other range practices on an area, the holder must do so only in accordance with the requirements of the Code and the Code regulations that pertain to the area.
	Effect of approval of a range use plan or range stewardship plan under section 37
	207	(1)	Any
			(a)	range use plan, or
			(b)	range stewardship plan
			approved under section 37 replaces any range use plan referred to in section 205 in effect on the date of the approval for the part of the area under that plan that is in the area under the plan referred to in paragraph (a) or (b).
		(2)	As soon as practicable after the approval under subsection (1) of a range use plan or range stewardship plan, the holder of the plan must graze any livestock on the area under the plan in accordance with section 45.
Division 8 – Pilot Project Transition
	Definitions
	208		In this Division:
			"participant" means a person who has given his or her consent to take part in a pilot project;
			"pilot project regulation" means a Code regulation made under section 221.1 of the Code;
			"proposed pilot project" means a pilot project initiated under Part 10.1 of the Code if, immediately before the effective date,
			(a)	the pilot project had been made subject to review and comment under that Part, and
			(b)	there was not a pilot project regulation associated with the pilot project.
	Pilot projects regulations continued
	209	(1)	A pilot project regulation remains in effect despite the repeal of Part 10.1 of the Code.
		(2)	Subject to this Division, the Code and the Code regulations apply to participants who are subject to a pilot project regulation.
	Proposed pilot projects
	210	(1)	Subject to subsection (2), a regulation may be made for a proposed pilot project as if section 221.1 of the Code were still in force.
		(2)	A regulation may not be made under subsection (1) if any of the participants in the proposed pilot project notifies the minister in writing that the participant no longer consents to the proposed pilot project.
	Pilot project regulation may be transferred from Code
	211	(1)	A pilot project regulation under the Code is deemed to be a pilot project regulation made under this Act.
		(2)	If a pilot project
			(a)	has been proposed under section 221.1 of the Code, and
			(b)	the proposal is still proceeding at the time of the coming into force of this subsection,
			anything done on or before the effective date in furtherance of the proposal is deemed to have been done under this Act and the proposal may be continued under and in conformity with this Act.
		(3)	The Lieutenant Governor in Council may make regulations respecting varying the requirements or the application of this Act or of the regulations, as he or she considers necessary or desirable in order to adapt them for the purposes of
			(a)	a pilot project regulation referred to in subsection (1), or
			(b)	a pilot project that has been proposed, and is proceeding, as described in subsection (2).
Division 9 – Transfer of Code Obligations
	Application
	212		This Division applies despite anything in Divisions 1 to 8.
	Obligations transferred from the Code
	213	(1)	In this section:
			"outstanding requirement" means a requirement under the Code that, on the specified date,
			(a)	is in effect and has not been fulfilled,
			(b)	is an obligation, described in section 162.1 of the Code, of the holder of an agreement under the Forest Act, that is continuing, because it is not among the obligations that, in accordance with that section, the holder was conclusively deemed to have met, or
			(c)	is an obligation that is a "prescribed obligation" referred to in section 162.2 of the Code and is continuing, because the person who has the obligation has not been granted the relief described in that section;
			"specified date" means the date, not earlier than January 1, 2008, that is specified for the purposes of this definition by a regulation made under this section.
		(2)	The Lieutenant Governor in Council may make regulations respecting outstanding requirements, including but not limited to
			(a)	specifying outstanding requirements that continue on and after the specified date to apply to the persons to whom those requirements applied immediately before that date, and
			(b)	varying those requirements or the application of those requirements as he or she considers necessary or desirable to adapt those requirements for the purposes of this Act.
		(3)	The outstanding requirements to which a regulation under this section pertains are conclusively deemed to continue as requirements under this Act and to be administered and enforced as such.
		(4)	Subject to the regulations made under this section or under section 178, a reference in a provision of the Forest Practices Code of British Columbia Act to a repealed provision of that Act is deemed to be a reference to that repealed provision as it was before its repeal.
Division 10 – Forest Practices Board Transition
	Mandate of board re: transition
	214	(1)	In accordance with the regulations, the board must carry out periodic independent audits and may carry out special investigations to determine
			(a)	compliance with the requirements of this Part and the regulations and standards in relation to this Part, and
			(b)	the appropriateness of government enforcement pertaining to this Part.
		(1.1)	In accordance with the regulations, the board must deal with complaints from the public respecting prescribed matters that relate to a person's compliance with Parts 3 to 5 of the Code and with the Code regulations in relation to those Parts.
		(2)	Part 8 applies to an audit or investigation under subsection (1) and a complaint investigation under subsection (1.1) of a person's compliance with the Code and the Code regulations.
		(3)	In accordance with the regulations, the board may request the minister to review the approval of, or the giving effect to, a forest development plan or range use plan or an amendment to either if
			(a)	the approval was made, or the plan or amendment was given effect, after the effective date as defined in section 177, and
			(b)	the request for review was made not later than 45 days after
				(i)	the notice of the approval was given to the holder of the approved plan, or
				(ii)	the date on which the plan or amendment was given effect.
	Mandate of board re: protection
	215	(1)	In accordance with the regulations, the board must carry out periodic independent audits and may carry out special investigations to determine
			(a)	compliance with Part 5 of the Code and with the Code regulations in relation to that Part, and
			(b)	the appropriateness of government enforcement pertaining to that Part.
		(1.1)	In accordance with the regulations, the board must deal with complaints from the public respecting prescribed matters that relate to a person's compliance with Part 5 of the Code and with the Code regulations in relation to those Parts.
		(2)	Part 8 of this Act applies to an audit or investigation under subsection (1) and a complaint investigation under subsection (1.1), of a person's compliance with Part 5 of the Code and with the Code regulations in relation to that Part.
Division 11 – Nisga'a Final Agreement Transition
	Nisga'a Final Agreement
	216	(1)	In this section, "Nisga'a Final Agreement" has the same meaning as in the Nisga'a Final Agreement Act.
		(2)	The Forest Practices Code of British Columbia Act and the regulations and standards under that Act as they were on December 16, 2002 apply to the Nisga'a Final Agreement.
	Commencement
	217		This Act comes into force by regulation of the Lieutenant Governor in Council.
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