| PART 7 Regulations |
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Power to make regulations |
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69 |
(1) |
The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act. |
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(2) |
Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows: |
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(a) |
defining a word or expression used but not defined in this Act; |
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(b) |
for the purposes of section 58 (1) (a), specifying which powers and duties of the minister under this Act must not be delegated. |
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(3) |
In making a regulation under this Act, the Lieutenant Governor in Council may do one or more of the following: |
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(a) |
delegate a matter to a person; |
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(b) |
confer a discretion on a person; |
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(c) |
make different regulations for different circumstances, persons, places, things or transactions; |
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(d) |
adopt the provisions of a publication or adopt them as they are amended from time to time. |
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Exemptions |
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70 |
(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 or the regulations. |
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(2) |
In making a regulation under subsection (1), the Lieutenant Governor in Council may make the exemption subject to conditions. |
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(3) |
The Lieutenant Governor in Council may make regulations restricting an official's authority to exempt a person from a provision under this Act. |
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Criteria for exercise of discretionary powers |
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71 |
(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. |
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(2) |
Criteria prescribed under subsection (1) are in addition to any criteria required by this Act. |
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Protection of forest resources |
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72 |
(1) |
The Lieutenant Governor in Council may make regulations respecting fire control and the protection of forest land resources or grass land resources. |
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(2) |
Without limiting subsection (1), the Lieutenant Governor in Council may make regulations, applicable on forest land or grass land and other land within 1 km of any forest land or grass land, |
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(a) |
respecting fire use, fire prevention and fire rehabilitation, |
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(b) |
respecting high risk activities in relation to fire control, fire prevention and the protection of forest land resources or grass land resources, |
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(c) |
requiring the submission of fire emergency information to an official, |
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(d) |
respecting fire precautions in relation to timber harvesting, timber processing facilities, railways, utilities and other facilities, machinery and equipment, |
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(e) |
respecting tools and equipment, |
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(f) |
respecting the assessment of fire hazards, |
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(g) |
respecting the abatement of fire hazards, |
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(h) |
prohibiting the use of open fires, and |
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(i) |
governing the compensation that is required or authorized to be paid under a provision of this Act. |
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(3) |
An official may exempt a person from all or part of a regulation made under subsection (2), subject to conditions or alternative requirements the official may specify. |
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Notification requirements |
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73 |
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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 this Act. |
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Administrative remedies |
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74 |
(1) |
The Lieutenant Governor in Council may make regulations respecting administrative remedies. |
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(2) |
Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting fees and administrative penalties in cases in which a person does not comply with this Act or the regulations. |
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Reconsideration |
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75 |
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The Lieutenant Governor in Council may make regulations respecting the review or correction of an order under this Act. |
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Forms and furnishing of information |
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76 |
(1) |
The Lieutenant Governor in Council may prescribe forms for this Act. |
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(2) |
The Lieutenant Governor in Council may make regulations respecting the furnishing of information to the minister or to an employee in the ministry. |
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(3) |
Without limiting subsections (1) and (2), the Lieutenant Governor in Council may make regulations respecting the furnishing of information |
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(a) |
on request or at specified times, and |
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(b) |
in a specified format, including electronic format.
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Fees for service |
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77 |
(1) |
The Lieutenant Governor in Council may make regulations respecting fees for the provision, under this Act, of a service by the government to any person. |
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(2) |
Subsection (1) applies whether or not there is an obligation on the government to provide the service. |
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Security |
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78 |
(1) |
The Lieutenant Governor in Council may make regulations requiring security of any kind, including but not limited to money, to be provided to ensure the performance of an obligation arising under this Act by |
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(a) |
the holder of an agreement of one or more of any of the types of agreement referred to in section 12 of the Forest Act or in section 3 of the Range Act, or |
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(b) |
persons in one or more categories of persons that may be prescribed. |
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(2) |
Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting the following: |
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(a) |
the type of security that is acceptable or not acceptable; |
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(b) |
the form and content of the security; |
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(c) |
the circumstances under which the security may be realized. |
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Recovery of money |
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79 |
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The Lieutenant Governor in Council may make regulations respecting |
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(a) |
the recovery of money that is required to be paid to the government under this Act, and |
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(b) |
damage caused by persons to Crown assets and the recovery of those damages. |
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Forest Practices Board |
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80 |
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The Lieutenant Governor in Council, for purposes under this Act, may exercise the regulation making powers in relation to the board that are set out in section 167 of the Forest and Range Practices Act. |
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