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Definitions |
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1 |
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In this Act: |
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"board" means the Forest Practices Board continued under section 136 of the Forest and Range Practices Act; |
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"commission" has the same meaning as in the Forest and Range Practices Act; |
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"forest land" includes land that previously supported trees and is not in other use, but does not include land excluded from this definition by regulation; |
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"free growing stand" has the same meaning as in the Forest and Range Practices Act; |
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"grass land" includes land that |
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(a) |
previously supported grass and is not in other use, or |
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(b) |
is in use for the production of forage or is lying fallow, having previously been used for the production of forage, |
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but does not include land excluded from this definition by regulation; |
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"industrial activity" includes |
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(a) |
land clearing, and |
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(b) |
other activities included in this definition by regulation,
but does not include activities excluded from this definition by regulation; |
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"local government" means |
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(a) |
the City of Vancouver, |
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(b) |
a municipality, |
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(c) |
a regional district, |
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(d) |
an improvement district, |
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(e) |
a water improvement district, or |
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(f) |
a prescribed organization; |
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"official" means a person |
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(a) |
employed in the ministry of the minister responsible for the administration of this Act, who is designated by name or title to be an official by the minister for the purpose of a provision of this Act or of the regulations that is specified in the designation, |
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(b) |
employed in the Oil and Gas Commission and designated, by the minister responsible for the Oil and Gas Commission Act, by name or title to be an official for the purpose of a provision of this Act or of the regulations that is specified in the designation, or |
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(c) |
who is a conservation officer designated by the minister responsible for the Environmental Management Act, by name or title to be an official for the purpose of a provision of this Act or of the regulations that is specified in the designation; |
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"private land" means land other than Crown land. |
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| PART 1 – Forest and Range Protection Requirements |
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General duty to report fire |
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2 |
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A person, other than a person acting in accordance with section 5 (2) or 6 (3), who sees an open fire that is burning in forest land or grass land or within 1 km of forest land or grass land and that appears to be burning unattended or uncontrolled must immediately report the fire |
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(a) |
to an official employed in the ministry, |
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(b) |
to a peace officer, or |
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(c) |
by calling a fire emergency response telephone number. |
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Mishandling burning substances |
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3 |
(1) |
Except for the purpose of starting a fire in accordance with this Act or another enactment, a person must not risk starting an open fire in forest land or grass land, or within 1 km of forest land or grass land, by dropping, releasing or mishandling |
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(a) |
a burning substance, or |
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(b) |
any other thing that the person reasonably ought to know is likely to cause a fire. |
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(2) |
A person who does not comply with subsection (1) must immediately extinguish, if practicable, |
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(a) |
the burning substance, and |
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(b) |
any fire that results from dropping, releasing or mishandling the burning substance or the other thing, as the case may be. |
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Use of open fires - application |
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4 |
(1) |
Sections 5 and 6 do not apply inside the boundaries of the City of Vancouver or of a municipality. |
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(2) |
Sections 5 and 6 do not apply inside the boundaries of a local government that |
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(a) |
is a local government under paragraphs (c) to (f) of the definition of local government, and |
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(b) |
has a bylaw that relates to the lighting, fueling or use of open fires. |
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Non-industrial use of open fires |
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5 |
(1) |
Except in prescribed circumstances, a person, other than a person carrying out an industrial activity, must not light, fuel or use an open fire in forest land or grass land or within 1 km of forest land or grass land. |
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(2) |
A person who does not comply with subsection (1) must |
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(a) |
immediately carry out fire control and extinguish the fire, if practicable, and |
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(b) |
as soon as practicable, report the open fire as described in section 2. |
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Industrial activities |
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6 |
(1) |
Except in prescribed circumstances, a person carrying out an industrial activity must not light, fuel or use an open fire in forest land or grass land or within 1 km of forest land or grass land. |
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(2) |
A person who carries out an industrial activity must do so |
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(a) |
at a time, and |
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(b) |
in a manner |
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that can reasonably be expected to prevent fires from starting because of the industrial activity. |
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(3) |
If, except in the prescribed circumstances referred to in section 5 (1) or subsection (1) of this section, a fire starts at, or within 1 km of, the site of the industrial activity, the person carrying out the industrial activity must |
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(a) |
immediately carry out fire control and extinguish the fire, if practicable, |
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(b) |
continue with fire control for the fire until |
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(i) |
the fire is extinguished, |
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(ii) |
it becomes impracticable to continue with fire control, or |
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(iii) |
an official relieves the person in writing from continuing, |
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(c) |
as soon as practicable, report the fire as described in section 2, and |
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(d) |
in accordance with prescribed requirements, rehabilitate the land damaged by fire control carried out by the person. |
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Hazard assessment and abatement |
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7 |
(1) |
In prescribed circumstances and at prescribed intervals, a person carrying out an industrial activity or a prescribed activity on forest land or grass land or within 1 km of forest land or grass land must conduct fire hazard assessments. |
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(2) |
A person carrying out an industrial activity or a prescribed activity must abate within a prescribed period a fire hazard of which the person is aware or ought reasonably to be aware. |
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(3) |
Despite subsection (2), if an official identifies circumstances that the official considers constitute a fire hazard in relation to |
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(a) |
an industrial activity, or |
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(b) |
a prescribed activity referred to in subsection (2), |
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the official by written order may require the person to abate the fire hazard by a specified date. |
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(4) |
A person who is the subject of an order under subsection (3) and to whom written notice of the order has been given must comply with the order. |
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| [ TOC | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 ] |
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