Statutes and Regulations

Part 3 – Forest Practices
Division 1 – General
	Compliance with plans
	21	(1)	The holder of a forest stewardship plan or a woodlot licence plan must ensure that the intended results specified in the plan are achieved and the strategies described in the plan are carried out.
		(2)	Despite the expiry of a forest stewardship plan or a woodlot licence plan, subsection (1) continues to apply to the holder of the expired plan if, in relation to any result, strategy or other provision of the plan that was in effect immediately before the expiry of the plan, there is no provision in another plan applicable to that holder for the same area to which the expired plan applied, that is identified as being a replacement for the result, strategy or other provision.
		(3)	For the purpose of the continued application of subsection (1) required by subsection (2), a forest stewardship plan or a woodlot licence plan may be amended as if unexpired.
Division 2 – Roads
	Application
	22	(1)	This Division does not apply to roads constructed or maintained under the Highway Act, the Transportation Act, the Land Act, the Local Government Act or the Pipeline Act.
		(2)	A person must not use, construct, maintain or deactivate a road except in accordance with this Act, the regulations, the standards and any forest stewardship plan or a woodlot licence plan, if the road is
			(a)	a forest service road,
			(b)	in a Provincial forest,
			(c)	outside a Provincial forest for the purpose of providing access to timber on Crown land or on private land that is subject to an agreement, or
			(d)	subject to a requirement for a special use permit.
	Industrial use of a road
	22.1	(1)	A person must not use a road for
			(a)	timber harvesting, including the transportation of the timber or associated machinery, materials or personnel, or
			(b)	access for tree planting requiring more than 12 months to complete, or silvicultural treatments requiring transportation of machinery,
			except in one or more of the following circumstances:
			(c)	the person
				(i)	is authorized to do so under a timber sale licence that does not provide for a cutting permit or under a woodlot licence, cutting permit, road permit or forestry licence to cut, or
				(ii)	is exempted under subsection (4);
			(d)	the road is a forest service road, and the person is authorized to use the road under a road use permit or is exempted under subsection (4);
			(e)	the road is one for which another person has a timber sale licence that does not provide for a cutting permit or has a woodlot licence, cutting permit, road permit or special use permit.
		(2)	A person who is developing natural resources other than timber must not use a road for that purpose, including the transportation of the natural resources or associated machinery, materials or personnel, unless
			(a)	the road is located inside the boundary of a claim, lease, permit or other authorization granted or issued under the Coal Act, the Mineral Tenure Act, the Mines Act or the Mining Right of Way Act, and the road was built under the authority of one of those Acts,
			(b)	the road is located outside the boundary of a claim, lease, permit or other authorization granted or issued under an Act referred to in paragraph (a), and the person is authorized to use it by a special use permit or is exempted under subsection (4),
			(c)	the road is authorized under the Geothermal Resources Act, Petroleum and Natural Gas Act or Pipeline Act,
			(d)	the road is a forest service road, and the person is authorized to use the road under a road use permit or is exempted under subsection (4), or
			(e)	the road is one for which another person has a road permit, special use permit or woodlot licence.
		(3)	Subsections (1) (a) and (2) (d) do not apply to operations that are associated with, or are necessary to be carried out under, an agreement under the Range Act.
		(4)	The minister may grant an exemption
			(a)	referred to in subsection (1) (c) (ii) or (2) (b) if satisfied that the person's use of the road will not unnecessarily impact forest resources, or
			(b)	referred to in subsection (1) (d) or (2) (d) if satisfied that the person's use of the road will not
				(i)	unnecessarily impact forest resources,
				(ii)	materially affect the use of the road by others, or
				(iii)	materially increase the need for road maintenance.
		(5)	A person granted an exemption under subsection (4) must comply with any conditions of the exemption.
		(6)	A person who, under subsection (4), is granted an exemption referred to in subsection (1) (c) (ii) or (2) (b) must maintain the road for the duration of the person's use of the road in accordance with the regulations and any applicable forest stewardship plan or woodlot licence plan.
		(7)	A person who uses a road under subsection (1) (d) or (e) or (2) (d) or (e) must give at least 5 clear days notice of the date on which the person will begin to use the road
			(a)	to the holder of the applicable road permit, special use permit or woodlot licence, and
			(b)	for a forest service road,
				(i)	to the minister, and
				(ii)	in prescribed circumstances, to the person required to maintain the forest service road.
	Non-industrial use of a road
	22.2	(1)	Subject to subsections (2) to (4) and to regulations respecting roads made under the Industrial Roads Act, a road that is
			(a)	a forest service road, or
			(b)	constructed or maintained by the holder of a road permit or a woodlot licence
			may be used by any person, other than a person referred to in section 22.1, without charge.
		(2)	The
			(a)	district manager, for a forest service road, or
			(b)	holder of a road permit or a woodlot licence, for a road under the permit or licence,
			may take action under subsection (3) if
			(c)	use of the road under subsection (1) would likely
				(i)	cause significant damage to the road,
				(ii)	cause significant sediment delivery, or
				(iii)	endanger property, public health or public safety, or
			(d)	the presence on the road of a vehicle or animal would likely cause damage to the road or environment or endanger life or property.
		(3)	In the circumstances described in subsection (2),
			(a)	the district manager, for a forest service road, may
				(i)	close the road or restrict its use, or
				(ii)	remove a vehicle or an animal from the road at the expense of the owner of the vehicle or animal, and
			(b)	the holder of a road permit or a woodlot licence, for a road under the permit or licence,
				(i)	with the prior consent of the minister, may close the road or restrict its use, or
				(ii)	may remove a vehicle or an animal from the road at the expense of the owner of the vehicle or animal.
		(4)	The minister, in accordance with the regulations, may specify types of expenses that must be paid to
			(a)	government for a road referred to in subsection (1) (a),
			(b)	holders referred to in subsection (1) (b), or
			(c)	other persons who meet prescribed requirements
			by a person, other than a person referred to in section 22.1, who uses a road or class of roads.
	No payment for use of road except as provided
	22.3	(1)	By written notice under subsection (2), a holder of a road permit or of a woodlot licence, or, in prescribed circumstances, of a road use permit, may require payment, within the limits imposed under subsection (2), from a person who uses a road that is under the permit or licence for
			(a)	a purpose referred to in section 22.1 (1) or (2), or
			(b)	other prescribed purposes.
		(2)	A written notice under subsection (1) must specify
			(a)	that payment is required, and
			(b)	the amount of the payment, which amount must be limited to one or more of the following:
				(i)	a reasonable contribution to the expense of maintaining the road;
				(ii)	the reasonable expense of modifying the road to accommodate the special needs of the person;
				(iii)	the reasonable expense of repairing any damage to the road caused by the person's use of the road.
		(3)	If the holder of the road permit, road use permit or woodlot licence who gives a written notice under subsection (1) and the person who receives the notice do not agree on what amount of payment should be required, the holder and the person must submit that question for resolution
			(a)	by an agreed process of dispute resolution, or
			(b)	by binding arbitration under the Commercial Arbitration Act.
		(4)	A person who receives a written notice under subsection (1) is liable to the holder of the permit or licence who gave the notice for payment of the amount that is
			(a)	specified in the notice, or
			(b)	determined under subsection (3) in a case to which that subsection applies.
	Consent to connect
	23	(1)	A person must obtain the consent of the minister before connecting a road to a forest service road.
		(2)	Subsection (1) does not apply to the government.
	Not a public highway
	24		Despite section 42 of the Transportation Act, a road constructed or maintained under this Act, the Forest Act, the former Act as defined in section 1 of the Forest Act or the Forest Practices Code of British Columbia Act is not a public highway unless the Lieutenant Governor in Council declares it to be by an order in council that he or she may make under this Act.
Division 3 – Forest Health
	Sanitation exemption
	25		The minister may exempt a person in writing from specified provisions of this Act, the regulations or the standards if the minister considers it necessary or desirable so that the person may follow a course of action specified by the minister for the purposes of limiting or mitigating or both limiting and mitigating the spread of forest pests.
	Control of insects, diseases, animals or abiotic factors
	26	(1)	If the minister determines that a forested area on private land is being damaged by insects, diseases, animals or abiotic factors, the minister, by written notice given to the owner, may require the owner to submit, for that forested area, a proposal that conforms to subsection (3) to control or dispose of the insects, diseases, animals or abiotic factors.
		(2)	If the minister determines that on a forested area on Crown land that is subject to
			(a)	a forest stewardship plan,
			(b)	a woodlot licence plan, or
			(c)	another prescribed operational plan
			there are insects, diseases, animals or abiotic factors that are causing damage to the forest, the minister, by written notice given to the holder of the plan, may require the holder to submit, for that forested area, a proposal that conforms to subsection (3) to control or dispose of the insects, diseases, animals or abiotic factors.
		(3)	An owner required under subsection (1), or a holder required under subsection (2), to submit a proposal must
			(a)	submit the proposal to the minister within the period specified by the minister,
			(b)	in the proposal, specify reasonable measures to be carried out for that forested area by the owner or holder, as the case may be, to control or dispose of the insects, diseases, animals or abiotic factors, and
			(c)	state the time frame within which the measures are to be completed.
		(4)	The minister may approve or reject a proposal received in response to the minister's written notice given under subsection (1) or (2).
		(5)	If the minister approves a proposal under subsection (3), the owner or holder who made the proposal must carry out the measures specified in the proposal.
		(6)	By order, given to
			(a)	an owner of private land referred to in subsection (1), or
			(b)	a holder of a plan referred to in subsection (2)
			who does not submit a proposal as required under subsection (1) or (2) or who does not comply with subsection (5), the minister may require the owner or holder to carry out measures specified in the order by a date specified in the order.
		(7)	If the minister
			(a)	approves a proposal submitted under subsection (3), or
			(b)	makes an order under subsection (6),
			and considers it necessary or desirable to facilitate the carrying out of the proposal or order, the minister may exempt the affected owner or holder from complying with one or more provisions of this Act, the regulations, the standards, an agreement under the Forest Act, a forest stewardship plan or a woodlot licence plan.
		(8)	If the minister makes an order under subsection (6) that is inconsistent with a provision of this Act, the regulations, the standards, an agreement under the Forest Act, a forest stewardship plan or a woodlot licence plan, the minister, in making the order, must exempt the owner or holder from that provision.
		(9)	If a proposal approved, or an order made, by the minister under this section requires the holder of an agreement under the Forest Act to carry out a measure other than timber harvesting, then to the extent provided in the regulations, the expenses of the measure are to be paid by the government.
	Forest health emergency
	27	(1)	If the Lieutenant Governor in Council considers that a forest health emergency exists in an area of Crown land or private land, he or she may designate the area by regulation as a forest health emergency management area.
		(2)	The minister may order
			(a)	the holder of an agreement under the Forest Act that authorizes timber harvesting in the emergency management area, or
			(b)	the timber sales manager
			to carry out measures in the emergency management area, limited in the case of the holder, to the area of the holders agreement, to prevent, contain or limit the spread of forest health factors.
		(3)	An order under subsection (2) must specify
			(a)	the measures to be carried out,
			(b)	the date by which the measures must be completed, and
			(c)	the person's right to a review under section 80 or to an appeal under section 82.
		(4)	A person is exempt from any provisions of this Act, the regulations, the standards, an agreement under the Forest Act, a forest stewardship plan or a woodlot licence plan that, if complied with, would prevent the person from carrying out the measures referred to in subsection (2).
		(5)	If an order made by the minister under this section requires the holder of an agreement under the Forest Act or the timber sales manager to carry out a measure other than timber harvesting, then to the extent provided in the regulations, the expenses of the measure are to be paid by the government.
Division 4 – Silviculture and Gene Resources
	Property in trees
	28		Trees established on Crown land under section 29 or 30 of this Act are the property of the government.
	Free growing stands
	29	(1)	A holder of a major licence or community forest agreement who harvests timber to which a forest stewardship plan applies must establish in accordance with the plan, the prescribed requirements and the standards, a free growing stand on those portions of the area of the harvest that are in the net area to be reforested.
		(2)	If the timber sales manager
			(a)	has authorized the harvesting of timber under a timber sale licence that requires its holder to prepare a forest stewardship plan, or
			(b)	is the holder of a forest stewardship plan,
			he or she must establish in accordance with the plan, the prescribed requirements and the standards, a free growing stand on those portions of the area of the harvest under the plan that are in the net area to be reforested.
		(3)	A holder of a woodlot licence who harvests timber under the licence must establish a free growing stand on those portions of the area of the harvest that are in the net area to be reforested in accordance with
			(a)	the woodlot licence plan, if any, that is pertinent to the licence,
			(b)	the prescribed requirements, and
			(c)	the standards.
		(4)	Repealed. [2003-55-18]
		(5)	Repealed. [2004-36-89 (B.C. Reg. 580/2004)]
		(6)	Repealed. [2004-36-89 (B.C. Reg. 580/2004)]
		(7)	Repealed. [2004-36-89 (B.C. Reg. 580/2004)]
		(8)	Repealed. [2004-36-89 (B.C. Reg. 580/2004)]
		(9)	Repealed. [2004-36-89 (B.C. Reg. 580/2004)]
		(10)	Repealed. [2004-36-89 (B.C. Reg. 580/2004)]
	Transfer of obligation to establish a free growing stand
	29.1	(1)	A person who, under section 29 or Part 11, has an obligation to establish a free growing stand may transfer the obligation to another person by agreement if
			(a)	the agreement to transfer is in writing,
			(b)	the transfer meets the prescribed requirements, and
			(c)	the parties to the agreement submit it to the minister and the minister approves it.
		(2)	An agreement referred to in subsection (1) has no effect if it does not receive the minister's approval under subsection (1) (c).
		(3)	A person to whom an obligation to establish a free growing stand was transferred by agreement under this section may transfer the obligation by agreement to another person if
			(a)	the latter agreement to transfer is in writing,
			(b)	the transfer meets the prescribed requirements, and
			(c)	the parties to the latter agreement submit it to the minister and the minister approves it.
		(4)	An agreement referred to in subsection (3) has no effect if it does not receive the minister's approval under subsection (3) (c).
		(5)	Without limiting subsections (1) (b) and (3) (b), the transfer must include the stocking requirements that pertain to the area.
		(6)	A person to whom an obligation to establish a free growing stand is transferred under this section may amend the stocking requirements that pertain to the area.
		(7)	If the minister approves an agreement under subsection (1) (c) or (3) (c), the person who transferred the obligation is no longer required, as of the date of the approval, to meet the obligation.
		(8)	If the minister approves an agreement under subsection (1) (c) or (3) (c) and the person to whom the obligation is transferred is the holder of an agreement listed in section 12 of the Forest Act,
			(a)	the transferred obligation is conclusively deemed to be an obligation under the holder's agreement, and
			(b)	any security provided in respect of the holder's agreement is conclusively deemed to be security for the purposes of the transferred obligation,
			except in prescribed circumstances.
	Free growing stands for non-replaceable licences
	30	(1)	In this section, "licence holder" means a person who
			(a)	is the holder of a timber licence, forestry licence to cut, non-replaceable forest licence, non-replaceable woodlot licence or non-replaceable timber sale licence,
			(b)	is not the holder of a replaceable tree farm licence or a replaceable forest licence,
			(c)	has an obligation under section 29 to establish a free growing stand on an area harvested under the timber licence, forestry licence to cut, non-replaceable forest licence, non-replaceable woodlot licence or non-replaceable timber sale licence, and
			(d)	meets prescribed requirements, if any.
		(2)	A licence holder may request that the government assume responsibility for carrying out the obligation under section 29 to establish a free growing stand
			(a)	by notice given to the district manager, or
			(b)	by notice given to the timber sales manager if the licence is a
				(i)	non-replaceable forest licence, or
				(ii)	forestry licence to cut
			that is a BC timber sales agreement.
		(3)	By notice given to a licence holder within a prescribed period after the holder has made a request under subsection (2), the district manager or timber sales manager in the case of a BC timber sales agreement, may assume on behalf of the government the responsibility for establishing the free growing stand if all of the following requirements have been met:
			(a)	the licence holder has completed timber harvesting on the area and the district manager or a timber sales manager in the case of a BC timber sales agreement, is satisfied with the way the timber harvesting has been carried out;
			(b)	the district manager or a timber sales manager in the case of a BC timber sales agreement is satisfied that the licence holder
				(i)	is in compliance with this Act, regulations and standards with respect to the area, or
				(ii)	has remedied any contraventions of this Act, regulations or standards on the area that the minister required to be remedied;
			(c)	the licence holder has paid the government an amount that the district manager or a timber sales manager in the case of a BC timber sales agreement determines will pay the costs of establishing the free growing stand and any other directly or indirectly associated costs;
			(d)	other prescribed requirements.
		(4)	Money collected by the government under subsection (3) must be paid into the Silviculture Payments Sub-account of the Forest Stand Management Fund special account established by the Special Accounts Appropriation and Control Act.
		(5)	A licence holder to whom notice has been given within the prescribed period referred to in subsection (3) ceases to be responsible for the obligation under section 29 to establish a free growing stand on the first date, after completion of timber harvesting, as described in subsection (3) (a), on which the requirements set out or referred to in subsection (3) (b) to (d) have all been fulfilled.
		(6)	Compensation is not payable to the government or licence holder for any difference between the amount paid under subsection (3), and the actual costs incurred by the government both directly and indirectly to establish the free growing stand.
		(7)	A receipt of a request under subsection (2) does not require
			(a)	the district manager, or
			(b)	the timber sales manager
			to assume, on behalf of government, the obligation under section 29 to establish a free growing stand.
	Seed
	31		A person required to establish a free growing stand must ensure that seed used for that purpose conforms to prescribed requirements.
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