Statutes and Regulations

Part 9 – Regulations And Standards
	Power to make regulations
	141	(1)	The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
		(2)	The Lieutenant Governor in Council may make regulations respecting matters that are
			(a)	referred to in a provision of this Act as having to be in accordance with the regulations, or
			(b)	indicated by a provision of this Act as being a matter for a regulation.
		(3)	Without limiting subsections (1) and (2), the Lieutenant Governor in Council may make regulations as follows:
			(a)	defining a word or expression used but not defined in this Act;
			(b)	for the purposes of section 120.1 (1), specifying which powers and duties of a minister under this Act must not be delegated.
		(4)	In making a regulation under this Act, the Lieutenant Governor in Council may do one or more of the following:
			(a)	delegate a matter to a person;
			(b)	confer a discretion on a person;
			(c)	make different regulations for different persons, places, things or transactions;
			(d)	adopt the provisions of a publication or adopt them as they are amended from time to time.
	Forms
	142	(1)	The Lieutenant Governor in Council may prescribe forms for this Act.
		(2)	The Lieutenant Governor in Council may make regulations respecting the furnishing of information, to the minister or to an employee in the ministry of the minister responsible for the administration of this Act, including but not limited to regulations concerning matters related to
			(a)	agreements under the Forest Act, and
			(b)	agreements under the Range Act.
		(3)	Without limiting subsections (1) and (2) the Lieutenant Governor in Council may make regulations respecting
			(a)	the furnishing of information on request or at specified times, and
			(b)	in a specified format including electronically.
	Fees or charges
	143	(1)	The Lieutenant Governor in Council may make regulations respecting fees or charges for the provision under this Act to any person by the government, or by the board, commission or council, if any, under this Act, of a service or any property or use of property.
		(2)	For the purpose of this section , the preparation of a range use plan or an amendment to a range use plan by the minister is a service provided by the government to the person required to follow the plan.
		(3)	Subsection (1) applies whether or not there is an obligation on the government to provide the service, property or use of property.
	Security
	144	(1)	The Lieutenant Governor in Council may make regulations respecting deposits and security of any kind, including but not limited to money, to be provided by the holder of an agreement under the Forest Act or the Range Act to ensure the performance of an obligation under this Act, the Forest Act, the Range Act or an agreement entered into under any of those Acts.
		(2)	Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting the following:
			(a)	the type of security that is acceptable or unacceptable;
			(b)	the form and content of the security;
			(c)	the circumstances under which the security may be realized.
	Recovery of money
	145		The Lieutenant Governor in Council may make regulations respecting the recovery of money that is required to be paid to the government under this Act.
	Exemptions
	146	(1)	The Lieutenant Governor in Council may make regulations respecting the exemption of a person, place, thing or transaction from a provision of this Act, the regulations or the standards.
		(2)	In making a regulation under subsection (1), the Lieutenant Governor in Council may make the exemption subject to conditions.
		(3)	The Lieutenant Governor in Council may make regulations restricting the minister's authority to exempt a person from a provision under this Act.
	Criteria for exercise of discretionary powers
	147	(1)	The Lieutenant Governor in Council may make regulations respecting the criteria that a person must use in exercising a discretionary power conferred on the person under this Act.
		(2)	Criteria prescribed under subsection (1) are in addition to any criteria required by this Act.
	Interpretive forest sites, recreation sites and recreation trails
	148		The Lieutenant Governor in Council may make regulations respecting interpretive forest sites, recreation sites and recreation trails, including but not limited to regulations that restrict, prohibit or attach conditions to the use of the interpretive forest sites, recreation sites and recreation trails.
	Objectives set by government
	149		The Lieutenant Governor in Council may make regulations prescribing objectives in relation to one or more of the following subjects:
			(a)	soils;
			(b)	visual quality;
			(c)	timber;
			(d)	forage and associated plant communities;
			(e)	water;
			(f)	fish;
			(g)	wildlife;
			(h)	biodiversity;
			(i)	recreation resources;
			(j)	resource features;
			(k)	cultural heritage resources.
		(2)	In case of an inconsistency between
			(a)	an objective set by government prescribed under this section, and
			(b)	an objective referred to in paragraph (b) of the definition of "objectives set by government" in section 1 (1),
			the latter objective prevails to the extent of the inconsistency.
	Ungulate winter range, wildlife habitat areas and general wildlife measures
	149.1	(1)	The Lieutenant Governor in Council may make regulations
			(a)	authorizing the minister responsible for the Wildlife Act to establish one or more of the following:
				(i)	an area as an ungulate winter range and objectives for the ungulate winter range;
				(ii)	an area as a wildlife habitat area and objectives for the wildlife habitat area;
				(iii)	a general wildlife measure;
				(iv)	categories of wildlife for the purposes of subparagraphs (i) to (iii), and
			(b)	prescribing the circumstances in which the discretion conferred in the authorization may be exercised.
		(2)	The minister responsible for the Wildlife Act may not establish an objective referred to in subsection (1) (a) (i) or (ii) for an area unless the objective is consistent with the objectives set by government that pertain to the area.
	Community watersheds
	150	(1)	The Lieutenant Governor in Council may make regulations
			(a)	authorizing
				(i)	the minister responsible for the Land Act to designate an area of land in a watershed as a community watershed, or
				(ii)	the minister responsible for the Water Act to establish water quality objectives in relation to a community watershed, and
			(b)	prescribing the circumstances in which the discretion conferred in the authorization may be exercised.
		(2)	The Lieutenant Governor in Council may make regulations respecting community watersheds, including but not limited to prescribing requirements in relation to community watersheds.
	Watersheds with significant downstream fisheries values and significant watershed sensitivity
	150.1	(1)	The Lieutenant Governor in Council may make regulations authorizing the minister responsible for the Wildlife Act to
			(a)	identify an area of land in a watershed that has
				(i)	significant downstream fisheries values, and
				(ii)	significant watershed sensitivity, and
			(b)	specify objectives in relation to the areas of land identified under this section.
		(2)	The minister responsible for the Wildlife Act may not specify an objective referred to in subsection (1) (b) for an area unless the objective is consistent with the objectives set by government that pertain to the area.
	Lakeshore management zones and objectives
	150.2	(1)	The Lieutenant Governor in Council may make regulations
			(a)	authorizing the minister to designate an area of land as a lakeshore management zone,
			(b)	authorizing the minister to establish objectives in relation to lakeshore management zones,
			(c)	prescribing the circumstances in which the discretion conferred in the authorization may be exercised, and
			(d)	respecting lakeshore management zones.
		(2)	The minister may not specify an objective referred to in subsection (1) (b) for an area unless the objective is consistent with the objectives set by government that pertain to the area.
	Scenic areas and visual quality objectives
	150.3	(1)	The Lieutenant Governor in Council may make regulations
			(a)	authorizing the minister responsible for the Land Act to designate an area of land as a scenic area,
			(b)	authorizing the minister to establish visual quality objectives in relation to a scenic area,
			(c)	prescribing the circumstances in which the discretion conferred in the authorization may be exercised, and
			(d)	respecting scenic areas.
		(2)	The minister may not specify an objective referred to in subsection (1) (b) for an area unless the objective is consistent with the objectives set by government that pertain to the area.
	Consistency among objectives
	150.4		The Lieutenant Governor in Council may make regulations respecting objectives set by government and other objectives that are established under this Act, including but not limited to regulations
			(a)	respecting procedures and criteria that are to be followed in establishing objectives
				(i)	referred to in paragraph (b) of the definition of "objectives set by government" in section 1 (1), or
				(ii)	other objectives that are established under this Act or the regulations, and
			(b)	resolving inconsistencies among those objectives by varying or limiting the application of
				(i)	objectives set by government, or
				(ii)	other objectives that are established under this Act or the regulations.
	Streams, wetlands and lakes
	150.5		The Lieutenant Governor in Council may make regulations
			(a)	establishing criteria for classifying streams, wetlands and lakes,
			(b)	respecting the classification of streams, wetlands and lakes,
			(c)	establishing riparian reserve zones, riparian management zones and riparian management areas for different classes of streams, wetlands and lakes,
			(d)	respecting
				(i)	streams, wetlands and lakes, and
				(ii)	riparian reserve zones, riparian management zones and riparian management areas, and
			(e)	authorizing the Minister of Water, Land and Air Protection, in prescribed circumstances, to designate streams as temperature sensitive streams.
	Plans and practices
	151	(1)	The Lieutenant Governor in Council may make regulations respecting operational plans, including but not limited to regulations prescribing
			(a)	their form and content,
			(b)	the form and content of maps included in the plans,
			(c)	the manner of, and time for, submitting the plans for approval,
			(d)	Repealed. [2003-55-57]
			(e)	Repealed. [2003-55-57]
			(f)	respecting the extension of the term for an operational plan,
			(g)	amendments to plans including specifying what amendments are not minor amendments,
			(h)	respecting balancing objectives or other plan contents when approving a plan, and
			(i)	how a forest stewardship plan must take into account other currently existing or future forest stewardship plans.
		(2)	The Lieutenant Governor in Council may make regulations respecting surveys, records and reports required or permitted under this Act.
		(3)	The Lieutenant Governor in Council may make regulations respecting the transfer of obligations to establish a free growing stand, including but not limited to prescribing
			(a)	stocking requirements that must be met, and
			(b)	security that must be provided as part of the transfer of the obligation.
	Review and comment and sharing with first nations – Repealed
	152		Repealed. [2003-55-58]
	Practices and planning – community forest agreements, woodlot licences
	153	(1)	The Lieutenant Governor in Council may make regulations respecting
			(a)	woodlot licences, woodlot licence areas and holders of woodlot licences, and
			(b)	community forest agreements, community forest agreement areas and holders of community forest agreements.
		(2)	Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting the following:
			(a)	establishing requirements and restrictions regarding the planning and forest practices, including the establishment of a free growing stand on a community forest agreement area or a woodlot licence area;
			(b)	establishing conditions that must be complied with by the holder of a community forest agreement or a woodlot licence before, during and after forest practices;
			(c)	requiring site plans to be prepared by the holder of a community forest agreement or a woodlot licence and approved by the minister before forest practices are carried out on the community forest agreement area or a woodlot licence area;
			(d)	requiring that authority to carry out a forest practice on a community forest agreement area or a woodlot licence area be obtained before the forest practice begins;
			(e)	requiring persons to carry out actions for maintaining or improving forest health;
			(f)	establishing requirements for wildlife tree retention for areas within woodlot licence areas that apply despite any objective set by government with respect to wildlife tree retention;
			(g)	establishing or varying objectives for ungulate winter range to reduce the impact to the allowable annual cut of a woodlot licence.
	Forest and range resources
	154	(1)	The Lieutenant Governor in Council may make regulations respecting forest resources and range resources.
		(2)	Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting
			(a)	resource features, including but not limited to
				(i)	authorizing the minister to identify resource features other than a resource feature that is a wildlife habitat feature, and
				(ii)	authorizing the Minister of Water, Land and Air Protection to identify a resource feature that is a wildlife habitat feature, and
			(b)	forest health, including but not limited to forest health emergency management areas designated under section 27 (1).
	Roads and rights of way
	155	(1)	The Lieutenant Governor in Council may make regulations respecting the following:
			(a)	the use of forest service roads and rights of way;
			(b)	the regulation or prohibition of the use and operation of vehicles or classes of vehicles on forest service roads or rights of way;
			(c)	the regulation or prohibition of road construction, maintenance or deactivation;
			(d)	the transfer of an obligation to maintain or deactivate a road.
		(2)	The minister may exempt a person from all or part of a regulation made under subsection (1) (a) or (b), subject to conditions or alternative requirements the minister may specify.
	Timber harvesting practices and methods
	156		The Lieutenant Governor in Council may make regulations respecting timber harvesting practices including but not limited to restricting or prohibiting a timber harvesting practice.
	Silvicultural systems and silviculture treatments
	157	(1)	The Lieutenant Governor in Council may make regulations respecting silvicultural systems and silviculture treatments.
		(2)	Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting
			(a)	clearcutting, including but not limited to restricting or prohibiting clearcutting,
			(b)	silviculture treatments, including but not limited to restricting or prohibiting various types of silviculture treatments,
			(c)	rehabilitation of areas,
			(d)	requirements for establishing a free growing stand on an area under an agreement under the Forest Act in which timber has been
				(i)	harvested under an agreement under the Forest Act,
				(ii)	harvested from an area where the holder of the agreement is exempt from the requirement to prepare a forest stewardship plan or a woodlot licence plan,
				(iii)	damaged or destroyed by natural causes, or
				(iv)	harvested other than in accordance with this Act, the regulations and the standards, and
			(e)	exempting persons from the requirements to establish a free growing stand under section 29 or on areas referred to in paragraph (d).
	Gene resources
	158		The Lieutenant Governor in Council may make regulations respecting seed and tree gene resources including but not limited to regulations respecting the collection, processing, storage, registration, transportation, purchase, sale, selection, conservation and use of seed and tree gene resources.
	Terrain stability and soil disturbance
	159		The Lieutenant Governor in Council may make regulations respecting terrain stability and soil disturbance.
	Cutblocks
	160		The Lieutenant Governor in Council may make regulations respecting cutblocks, including but not limited to regulations prescribing
			(a)	the size, including the maximum allowable size of a cutblock,
			(b)	the shape of a cutblock, and
			(c)	the spatial distribution of cutblocks, including green-up.
	Use of Crown range and range developments
	161	(1)	The Lieutenant Governor in Council may make regulations respecting range practices, the use of Crown range and range developments.
		(2)	Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting the following:
			(a)	the use of Crown range for grazing of livestock, hay cutting and other purposes;
			(b)	promoting health of Crown range;
			(c)	the identification of livestock pastured on Crown range;
			(d)	range developments and the payment of costs for range developments.
	Notification requirements
	162		The Lieutenant Governor in Council may make regulations requiring persons to give written notice to an official concerning when, whether or not and to what extent the person has completed or will complete an obligation of the person under an operational plan or this Act.
	Administrative remedies
	163	(1)	The Lieutenant Governor in Council may make regulations respecting administrative remedies under this Act, the Forest Act or the Range Act.
		(2)	Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting charges and penalties in cases in which a person does not comply with one or more of the following:
			(a)	this Act, the regulations or the standards or the Forest Act, the Range Act or a regulation made under the Forest Act or the Range Act;
			(b)	an operational plan;
			(c)	a permit under this Act.
		(3)	Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting the levying of an administrative penalty or of administrative penalties in equal or unequal proportions against 2 or more persons involved in the contravention that gives rise to the penalty or penalties, including regulations prescribing
			(a)	circumstances in which the penalties may be levied, and
			(b)	formulas that may be applied in levying the penalties.
	Intervention, remediation and consultation
	164	(1)	The Lieutenant Governor in Council may make regulations respecting compliance with this Act and remediation related to a forest practice or range practice.
		(2)	Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting
			(a)	the power of the minister to require the holder of an agreement under the Forest Act or the Range Act to take action to achieve a requirement of this Act or the regulations or to prevent damage to the environment if the damage is associated with a forest practice, range practice or range authorization,
			(b)	Repealed. [2003-55-62]
			(c)	stop work orders, and
			(d)	remediation orders.
	Reconsideration
	165		The Lieutenant Governor in Council may make regulations respecting the review, correction or clarification of a determination under this Act.
	Appeals and the commission
	166		The Lieutenant Governor in Council may make regulations respecting appeals and the commission.
	Forest Practices Board
	167	(1)	The Lieutenant Governor in Council may make regulations respecting the Forest Practices Board.
		(2)	Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting the following:
			(a)	audits referred to in section 122,
			(b)	complaints to the board, including
				(i)	the manner of making a complaint,
				(ii)	specifying which complaints may be heard,
				(iii)	the manner of dealing with complaints, and
				(iv)	the nature and extent of investigations which may be taken in relation to a complaint;
			(c)	procedures for notifying the board of determinations;
			(d)	reports made by the board;
			(e)	the qualifications of board members;
			(f)	fees with respect to complaint investigations.
	Botanical forest products
	168	(1)	The Lieutenant Governor in Council may make regulations respecting botanical forest products.
		(2)	Without restricting subsection (1), Lieutenant Governor in Council may make regulations respecting:
			(a)	obtaining botanical forest products from Crown land;
			(b)	establishing a licensing scheme for the purposes of regulating botanical forest products;
			(c)	issuing, amending, renewing, suspending or cancelling licences;
			(d)	applications for licences;
			(e)	fees for licences and applications;
			(f)	inspectors and inspections for the purposes of enforcing licensing;
			(g)	appeals.
	Chief forester standards for forest practices
	169	(1)	In prescribed circumstances, the chief forester may establish, vary or revoke standards respecting
			(a)	tree gene resources for purposes related to this Act, including without restriction the following:
				(i)	registration of seed including, without limitation, determination of genetic quality and imposition of conditions on the use of registered seed;
				(ii)	transfer of seed;
				(iii)	storage of tree seed with the government;
				(iv)	parent trees;
				(v)	forest stands, trees or seed having rare or unique genetic values;
				(vi)	stocking standards required for a free growing stand,
			(b)	fire use,
			(c)	the preparation of an operational plan,
			(d)	a forest practice, and
			(e)	a range practice.
		(2)	Repealed. [2003-55-63]
		(3)	A standard takes effect on the date specified in the standard.
		(4)	A standard is not effective
			(a)	until 4 months after the notice of the standard and the method for meeting the standard has been published in the Gazette,
			(b)	to the extent that it conflicts with this Act, the regulations, an agreement under the Forest Act or the Range Act, or a management plan under a tree farm licence, a forest stewardship plan, a range stewardship plan or a range use plan that has been approved before the standard comes into effect, unless the holder of the agreement or plan waives the requirement under this paragraph, and
			(c)	in respect of a proposed management plan under a tree farm licence, a forest stewardship plan, a range stewardship plan or a range use plan, unless
				(i)	the standard comes into effect under paragraph (a) at least 4 months before the plan is submitted for approval, or
				(ii)	the holder of the licence or plan waives the requirement under subparagraph (i).
	Forest Practices Advisory Council
	170	(1)	The Forest Practices Advisory Council is continued and renamed as the Forest and Range Practices Advisory Council
			(a)	to undertake periodic reviews of the requirements that apply to operational planning and forest practices or range practices under this Act, and
			(b)	to make recommendations to the minister on any specific matter relevant to this Act that is referred to the council by the minister,
			and by regulation may be disestablished or re-established.
		(2)	Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting the following:
			(a)	the membership of the council, including
				(i)	the maximum number of persons that may be appointed to the council,
				(ii)	the qualifications of council members,
				(iii)	the terms of appointed members, and
				(iv)	the removal and replacement of members;
			(b)	the annual report that must be prepared by the council;
			(c)	the application of sections 138 and 140 to the council.
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