Statutes and Regulations

Part 7 – General
Division 1 – Liability and Privilege
	Liability of government – Repealed
	104		Repealed. [2003-55-45]
	Protection against libel and slander
	105		For the purposes of any Act or law respecting libel or slander,
			(a)	anything said, all information supplied and all records and things produced in the course of an investigation, an inquiry or proceedings before the board, commission or council, if any, under this Act are privileged to the same extent as if the investigation, inquiry or proceedings were proceedings in a court, and
			(b)	a report made by the board and a fair and accurate account of the report in a newspaper, periodical publication or broadcast is privileged to the same extent as if the report of the board were the order of the court.
	Liability of persons to government
	106	(1)	A person is liable to the government
			(a)	for costs incurred by the government in controlling or disposing of insects, diseases, animals or abiotic factors, and
			(b)	the value of Crown timber damaged or destroyed or of forage damaged or destroyed,
			directly or indirectly, as a result of the person's non-compliance with an order under section 26 or 27.
		(2)	A person is liable to the government for the market value of any
			(a)	timber cut, damaged or destroyed without authorization under this Act, or
			(b)	forage or hay cut, damaged or destroyed without authorization under this Act.
		(3)	A person is liable to the government for an economic gain that results, directly or indirectly, from the person's act or omission that would have been a contravention or an offence under this Act if it were not for the defence of due diligence, mistake of fact or officially induced error.
	Definition for sections 107 and 108
	106.1		In sections 107 and 108, "operational plan" includes
			(a)	a forest development plan,
			(b)	a logging plan,
			(c)	a range use plan, and
			(d)	a site level plan
			to which Part 11 of this Act applies.
	Limitation on liability of persons to government
	107	(1)	A person who is the holder of an agreement under the Forest Act or the Range Act or who meets the prescribed requirements may submit to the district manager a written declaration specifying
			(a)	obligations under this Act, or under an operational plan, permit or other authorization, that have been fulfilled, and
			(b)	any of the following things to which the fulfillment of the obligations is relevant:
				(i)	cutblocks and roads;
				(ii)	operational plans;
				(iii)	permits.
		(2)	The declaration under subsection (1) must
			(a)	be signed by the person referred to in that subsection or on that person's behalf by an individual or the individuals authorized in that regard, and
			(b)	specify the date on which the declaration is made.
		(3)	Subject to subsections (4) to (6), on the date of the declaration submitted and signed in accordance with subsections (1) and (2), the person who submitted the declaration is deemed to have fulfilled the specified obligations that are referred to in subsection (1) (a).
		(4)	If
			(a)	within the prescribed period after receiving a declaration submitted by a person under subsection (1), and
			(b)	after giving the person an opportunity to be heard,
			the minister determines by order that an obligation specified in the declaration has not been fulfilled, the minister must give written notice of the order to the person, including with the notice the reasons for the order.
		(5)	The minister must not give written notice under subsection (4) of an order to the effect that an obligation in respect of establishing a free growing stand on an area has not been fulfilled unless the minister has determined that
			(a)	a free growing stand has not been established, or
			(b)	a free growing stand has been established and the following circumstances apply:
				(i)	at the time the declaration was made, the stand was under threat from
					(A)	competing plants, shrubs or other trees established on the area, or
					(B)	factors adverse to forest health in the area;
				(ii)	as a result of the threats referred to in subparagraph (i), the stand is unlikely to remain a free growing stand without further treatment.
		(6)	A person who submits a declaration under subsection (1) remains responsible for fulfilling an obligation that under subsection (1) (a) was specified as having been met if
			(a)	the minister has determined by order under subsection (4), of which notice has been given in accordance with that section, that the obligation has not been fulfilled, or
			(b)	the person
				(i)	made a material misrepresentation or misstatement of fact in the declaration in relation to the obligation, or
				(ii)	omitted information from the declaration that the person knew or ought to have known was material to determining whether the obligation had been fulfilled.
	Government may fund extra expense or waive obligation
	108	(1)	The minister must grant the relief described in subsection (3) to a person who has an obligation under this Act or an operational plan, other than
			(a)	an obligation to establish a free growing stand, or
			(b)	a prescribed obligation, and
			who satisfies the minister that
			(c)	because of an event causing damage, the obligation on the area cannot be met without significant extra expense than would have been the case if the damage had not occurred, and
			(d)	the person
				(i)	did not cause or contribute to the cause of the damage,
				(ii)	exercised due diligence in relation to the cause of the damage, or
				(iii)	contributed to the cause of the damage but only as a result of an officially induced error.
		(2)	The minister must grant
			(a)	the relief described in subsection (3), or
			(b)	the funding described in subsection (4)
			to a person having an obligation to establish a free growing stand if the person satisfies the minister that
			(c)	because of an event causing damage, the obligation to establish the free growing stand cannot be met without significant extra expense than would have been the case if the damage had not occurred, and
			(d)	the person
				(i)	did not cause or contribute to the cause of the damage,
				(ii)	exercised due diligence in relation to the cause of the damage, or
				(iii)	contributed to the cause of the damage but only as a result of an officially induced error.
		(3)	The relief, that must be granted under subsection (1) or that may be granted under subsection (2) (a), from an obligation by the minister to a person is relief from
			(a)	the person's obligation to the extent only that the obligation cannot be met without significant extra expense related to the damage referred to in subsection (1) or (2), or
			(b)	the person's obligation in full if the minister considers that the remaining obligation, after taking paragraph (a) of this subsection into account, is inconsequential.
		(4)	The funding for an obligation, that may be granted under subsection (2) (b) by the minister to a person, is funding to the extent only that is required for the purpose of restoring the stand of trees on the area affected by the event referred to in subsection (2)
			(a)	to the stage the stand had reached at the time of the damage caused by the event, or
			(b)	to the stage that is consistent with an agreement between the person and the minister.
		(5)	A decision in any proceedings, that a person having an obligation referred to in subsection (1) or (2) did or did not do any of the things referred to in subsection (1) (d) or (2) (d), is binding on the minister.
		(6)	The minister may not under this section grant relief or funding in respect of an event causing damage if the event occurred before December 17, 2002.
		(7)	The Lieutenant Governor in Council may make regulations for the purposes of this section resolving any doubt as to what constitutes an event or as to when an event occurred.
Division 2 – Miscellaneous
	Confidentiality and disclosure to government
	109	(1)	In this section :
			"information" includes a record;
			"person" means
			(a)	the government, board, commission or council, if any,
			(b)	an employee, agent and independent contractor of the government, board, commission or council, if any, or
			(c)	a member of the board, commission or council, if any.
		(2)	Each of the following persons must take an oath that he or she will not disclose information obtained under this Act except as permitted by this section and under the Freedom of Information and Protection of Privacy Act:
			(a)	a member of the board, commission or council, if any;
			(b)	an employee of the board, commission or council, if any;
			(c)	a person appointed to carry out an audit referred to in section 122;
			(d)	a specialist or consultant retained by the board, commission or council, if any.
		(3)	A person must not disclose any information obtained in the exercise of a power or the performance of a duty or function under this Act except
			(a)	as required for the performance of his or her duties under this Act, or
			(b)	as permitted in this section or under the Freedom of Information and Protection of Privacy Act.
		(4)	A person may disclose to the government any information obtained in the exercise of a power or the performance of a duty or function under this Act.
		(5)	A person must not disclose, or be compelled to disclose in proceedings before a court any information obtained in the exercise of a power or the performance of a duty or function under this Act, the regulations or the standards except in the following matters:
			(a)	a trial of a person for perjury;
			(b)	a proceeding to enforce powers of investigation under this Act;
			(c)	a prosecution for an offence under section 97;
			(d)	a review or appeal under this Act.
	How notice may be given
	110	(1)	A notice or another document that the government, board or commission is required or permitted to give to a person under this Act may be given by giving it, or a copy of it, to the person as follows:
			(a)	if the person is an individual,
				(i)	by leaving it with the individual,
				(ii)	by leaving it at the individual's last or most usual place of residence with someone who is or appears to be at least 16 years of age, or
				(iii)	by mailing it by registered mail to the individual's last known postal address;
			(b)	if the person is a corporation,
				(i)	by leaving it with
					(A)	a director, an officer or a manager of the corporation,
					(B)	a receptionist at a place of business of the corporation, or
					(C)	if the corporation is an extraprovincial company within the meaning of the Business Corporations Act, the corporation's attorney, if any, within the meaning of that Act,
				(ii)	by leaving it at the registered office of the corporation if the corporation is a company within the meaning of the Business Corporations Act or, if that office has been eliminated under section 40 of the Business Corporations Act, the address ordered by the court under section 40 (4) (b) of that Act, or
				(iii)	by mailing it by registered mail to
					(A)	the registered office of the corporation or, if that office has been eliminated under section 40 of the Business Corporations Act, the address ordered by the court under section 40 (4) (b) of that Act,
					(B)	if the corporation is an extraprovincial company within the meaning of the Business Corporations Act, the corporation's attorney, if any, within the meaning of that Act, or
					(C)	an address provided by the corporation for service;
			(c)	if the person is a municipal corporation, a regional district or another local government body, by leaving it with or sending it by registered mail to the local government officer assigned responsibility under section 198 of the Local Government Act, the deputy of that officer or some similar local government officer.
		(2)	A notice or another document that is mailed to a person by registered mail under subsection (1) is conclusively deemed to be received by the person on the eighth day after it is mailed.
	Orders
	111		An order of the minister under this Act must be in writing and given to each person to whom the order pertains.
	Power to impose conditions
	112	(1)	Except in prescribed circumstances a person with a discretion under this Act to make an order, grant an exemption, give a consent, grant an approval, or grant an authorization under this Act may
			(a)	impose conditions that the person considers necessary or desirable in respect of the order, exemption, consent or approval, and
			(b)	remove or vary the conditions by own motion or on the application of a person who is the subject of the order, exemption, consent or approval.
		(2)	A condition imposed under subsection (1) is conclusively deemed to be part of the order, exemption, consent or approval in respect of which it is imposed, whether contained in or attached to it or contained in a separate document.
		(3)	If a person is the subject of an order, exemption or condition under this Act, the person must comply with the order, exemption or condition.
	Extension of time
	113		The minister, or a person the minister authorizes in writing, may extend a time required to do anything under this Act other than
			(a)	an appeal of a determination,
			(b)	the time within which a proceeding must or may be commenced,
			(c)	the time within which the minister must give the notice referred to in section 107 (4), or
			(d)	anything under the regulations or standards if the regulations or standards specifically provide otherwise.
	Evidence of designation
	114		A document purporting to have been issued by a minister referred to in the definition of "official" in section 1, certifying that the minister has designated a person as an official under this Act, is admissible as evidence of the designation without proof of the signature or official character of the minister purporting to have signed the document.
	Powers cumulative
	115		A power under this Act of the minister or an official to
			(a)	make an order,
			(b)	impose a fine or penalty, or
			(c)	commence a proceeding
			may be exercised separately, concurrently or cumulatively, and does not affect the exercise of any other powers of the minister, official or both under this or another enactment.
	Amendment or remedial action does not affect offences or penalties
	116	(1)	An amendment to an operational plan does not affect any fine, imprisonment, fee, charge or penalty to which a person may be liable under this Act, if the offence or contravention occurred before the amendment.
		(2)	Repealed. [2004-36-111]
	Right of proceeding - Repealed
	117		Repealed. [2004-31-93 (B.C. Reg. 38/2005)]
	Power to enter into agreements
	118	(1)	The government may enter into agreements to assist in ensuring that forest resources and range resources are properly managed and conserved.
		(2)	Without limiting subsection (1), on behalf of the government,
			(a)	the chief forester or a person authorized by the chief forester may enter into agreements in respect of
				(i)	the growing and disposing of seed and tree gene resources, and
				(ii)	intellectual property associated with seed and tree gene resources that is owned by the government,
			(a.1)	an official designated by the minister may enter into an agreement with a person to develop, maintain or remove a range development,
			(b)	an official designated by the minister may enter into agreements for the control and disposal of insects, diseases, animals and abiotic factors on forest land and for sharing costs of control and disposal,
			(c)	the minister or an official designated by the minister may enter into agreements under which the government provides forest or range protection, forest or range health services, or
			(d)	an official designated by the minister may enter into an agreement with a person to develop, expand, maintain, repair or close an interpretive forest site, a recreation site or a recreation trail.
		(3)	An amount equal to any money paid to the government under an agreement referred to in subsection (2) (c) for a purpose specified in that subsection
			(a)	is appropriated for that purpose,
			(b)	is in addition to any other amount appropriated for that purpose, and
			(c)	is to be paid out of the consolidated revenue fund without any other appropriation other than this subsection .
	Whistle-blower protection
	119		A person must not evict, discharge, suspend, expel, intimidate, coerce, impose any pecuniary or other penalty on, or otherwise discriminate against, a person because that person complains or is named in a complaint, gives evidence or otherwise assists in respect of a prosecution, a complaint or another proceeding under this Act.
	Costs of performing obligations
	120	(1)	If this Act, a regulation or a standard requires a person to perform an obligation or otherwise comply with this Act, the regulations or the standards, the person must do so at the person's own expense unless another provision of this Act or the regulations specifically provides otherwise.
		(2)	If a person is required under this Act to submit an operational plan for approval to a person acting on behalf of the government, any implementation of the plan is at the person's own expense unless another provision of this Act or the regulations specifically provides otherwise.
Division 3 – Delegation
	Delegation power
	120.1	(1)	Subject to a regulation made under section 141 (3) (b), each of the ministers responsible, respectively, for this Act, Part 7.1 of the Land Act and the Wildlife Act, in writing, may delegate a power or duty of that minister under this Act, including a quasi-judicial power or duty, to
			(a)	a person employed in a ministry,
			(b)	a class of persons employed in a ministry, or
			(c)	an agent of the Crown.
		(2)	Despite subsection (1), a minister authorized by a regulation of the Lieutenant Governor in Council under section 149.1 (1) (a), 150 (1) (a), 150.1 (1), 150.2 (1) (a) or (b), 150.3 (1) (a) or (b), 150.5 (e), 154 (2) (a) or 157 (2) (d) to exercise a power or perform a duty may delegate that power or duty only to
			(a)	a person employed in a ministry, or
			(b)	a class of persons employed in a ministry.
		(3)	In respect of a power or duty delegated under this section, this Act and the regulations and standards apply to the delegate as if the delegate were the minister who made the delegation.
		(4)	A minister referred to in subsection (1) or (2) may
			(a)	provide directions that are binding on the delegate respecting the exercise of the power or the performance of the duty, and
			(b)	vary or revoke a delegation or direction.
	Subdelegation
	120.2	(1)	Except in prescribed circumstances, a delegate under section 120.1 (1) may subdelegate the power or duty to
			(a)	a person employed in a ministry,
			(b)	a class of persons employed in a ministry, or
			(c)	an agent of the Crown.
		(2)	Except in prescribed circumstances, a delegate under section 120.1 (2) may subdelegate the power or duty to
			(a)	a person employed in a ministry, or
			(b)	a class of persons employed in a ministry.
	Evidence of delegation
	120.3		A document purporting to have been issued by a minister referred to in section 120.1 (1) or (2), certifying that the minister has made a delegation under this Act, is admissible as evidence of the delegation without proof of the signature or official character of the minister purporting to have signed the document.
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