|
|
|
| Copyright © 2003: Queen's Printer, Victoria, British Columbia, Canada |
IMPORTANT INFORMATION |
|
|
|
| Effective August 3rd, the Forest Land Reserve Act, Private Land Forest Practices Regulation (BC Reg 318/99) and Forest Land Reserve Procedure Regulation (BC Reg 176/2002) have been repealed. |
1 (1) In this Act:
"agricultural reserve land" means land that is or is part of an agricultural land reserve under the Agricultural Land Commission Act;
"approving officer" means an approving officer as defined in the Land Title Act;
"assessment commissioner" means the assessment commissioner under the Assessment Authority Act;
"chief executive officer" means the chief executive officer appointed under the Agricultural Land Commission Act;
"commission" means the commission established under the Agricultural Land Commission Act;
"critical wildlife habitat" means critical wildlife habitat as defined by regulation;
"Crown land" means Crown land as defined in the Land Act;
"Crown licence land" means private land to which a tree farm licence under the Forest Act applies;
"first nation" means an aboriginal governing body, however organized and established by aboriginal people within their traditional territory in British Columbia;
"forest reserve land" means land designated under section 10;
"identified land" means private land that is
(a) forest reserve land, other than land included in any of the following:
(i) a tree farm licence area;
(ii) a woodlot licence area;
(iii) a community forest agreement area, or
(b) agricultural reserve land that is managed forest land;
"local government" means,
(a) in relation to land within a municipality, the municipal council,
(b) in relation to land within an electoral area, the board of the regional district, and
(c) in relation to land within a local trust area under the Islands Trust Act, the local trust committee or the executive committee acting as local trust committee for that area;
"managed forest land" means managed forest land as defined in section 24 of the Assessment Act;
"management commitment" means a management commitment submitted under section 17.3 that meets the prescribed requirements;
"official" means a member of the commission, or a person employed under the Public Service Act, who is authorized by the commission and is designated by name or title to be an official for the purpose of a specified provision of this Act or of the regulations;
"private" means, in relation to land, land other than Crown land;
"reforest" means to restock and establish, in accordance with the regulations, a stand of trees on areas where timber has been harvested or destroyed;
"removal" means, in relation to land that is forest reserve land, removal of that land from the reserve in accordance with Part 4;
"reserve" means the Forest Land Reserve referred to in section 9.
(2) Words and expressions not defined in this Act have the meaning given to them in the Forest Act unless the context indicates otherwise.
2 Despite section 14 (2) of the Interpretation Act, this Act binds the government.
2.1 The object of the commission under this Act is to work with owners, local governments, first nations and other communities of interest to encourage responsible forest management practices on identified land.
3 to 8 [Repealed 1999-14-29.]
9 (1) The Forest Land Reserve consists of
(a) private land that is designated as forest reserve land by section 10, and
(b) additional private land that was designated as forest reserve land by or under this Act before February 12, 2002.
(2) Land that is designated as forest reserve land remains forest reserve land unless the land is removed from the reserve in accordance with Part 4.
(3) The commission must maintain records of
(a) the amount and quality of land within the reserve,
(b) the amount and quality of land added to the reserve in each year, and
(c) the amount and quality of land removed from the reserve in each year.
10 (1) Land that, on July 8, 1994, is
(a) Crown licence land, or
(b) land described in subsection (2),
is designated as forest reserve land effective that date.
(2) Private land, other than agricultural reserve land and land referred to in subsection (1) (a) or (3), is designated as forest reserve land under subsection (1) (b) if
(a) it was classified under the Assessment Act as managed forest land for the purposes of taxation in the 1993 taxation year
(i) on the applicable assessment roll authenticated under section 37 (11) of that Act, or
(ii) by way of supplementary assessment roll or in accordance with an order of the Assessment Appeal Board, or
(b) the owner of the land applied before October 31, 1993 to have the land classified under the Assessment Act as managed forest land and that classification was approved under that Act for the 1994 taxation year.
(3) Private land is not designated under subsection (1) (b) as forest reserve land if
(a) before the 1994 taxation year, the owner of the land notified the assessment commissioner that the land would cease to be managed under a forest management plan for that taxation year, and
(b) on the basis of this notice the land was not classified as managed forest land for the purposes of taxation in the 1994 taxation year on the applicable assessment roll authenticated under section 37 (11) of the Assessment Act, as it read before its repeal under the Assessment Amendment Act, 1998.
11 (1) Private land becomes designated as forest reserve land if it
(a) becomes Crown licence land, or
(b) is designated by the commission under this section.
(2) On application of the owner of private land made in accordance with section 26, the commission may designate the land as forest reserve land.
(3) With the agreement of the owner, the commission may designate as forest reserve land only part of the land for which an application under subsection (2) was made.
(4) [Repealed 2002-11-01.]
(5) [Repealed 2002-11-01.]
(6) In order for a designation under subsection (2) or (3) to be effective, a management commitment must apply to the land.
12 [Repealed 2002-11-01.]
12.1 (1) In this section "registrar" means the registrar defined in section 1 of the Land Title Act.
(2) This Act governs the use of forest reserve land whether or not notice under subsection (3) is filed in the land title office.
(3) The chief executive officer may file a notice in the land title office stating that the forest reserve land described in the notice is governed by this Act.
(4) A notice under subsection (3) must contain a description of the land that is sufficient for the registrar to identify the land in the records.
(5) On receipt of a notice under subsection (3), the registrar must endorse, on the title of the land affected, a notation stating that the title may be affected by this Act.
(6) In the event of any delay, omission, mistake or misfeasance by the registrar, or an employee described in section 10 of the Land Title Act, in relation to making a notation under subsection (5),
(a) the registrar is not liable nor is the government liable vicariously, and
(b) the assurance fund of the Attorney General as a nominal defendant is not liable under Part 20 of the Land Title Act
for any loss or damage sustained by any person because of this delay, omission, mistake or misfeasance.
13 [Repealed 2002-11-01.]
14 [Repealed 2002-11-01.]
15 [Repealed 2002-11-01.]
16 [Repealed 2002-11-01.]
17 (1) A local government must not
(a) adopt a bylaw under any enactment, or
(b) issue a permit under Part 21 or 26 of the Local Government Act
that would have the effect of restricting, directly or indirectly, a forest management activity relating to timber production or harvesting
(c) on land that is forest reserve land, or
(d) on managed forest land other than forest reserve land, so long as the managed forest land continues to be used only for that purpose.
(2) For certainty, this section applies if the bylaw or permit would have the effect described in subsection (1) even though the bylaw or permit does not directly apply to land referred to in that subsection.
Part 3.1 Management Requirements on Identified Land
17.1 Subject to section 17.4, an owner of identified land must comply with prescribed requirements and constraints on the owner's land respecting each of the following:
(a) soil conservation;
(b) management of water quality and fish habitat;
(c) management of critical wildlife habitat.
17.2 Subject to section 17.4, an owner, in accordance with the regulations, must reforest the following areas:
(a) areas of identified land that meet the prescribed requirements and were or are harvested by the owner before or after the coming into force of this section;
(b) areas of land that meet the prescribed requirements and were harvested before the land became identified land;
(c) areas of identified land that meet the prescribed requirements if the timber was destroyed.
17.3 (1) Before identified land may be classified as managed forest land under the Assessment Act, an owner must submit to the chief executive officer, in writing, a management commitment that meets the prescribed requirements.
(2) An owner, at any time, may submit to the chief executive officer, in writing, an amendment to a management commitment if the amendment meets the prescribed requirements.
(3) The chief executive officer must
(a) review the management commitment or amendment to determine if the management commitment or amendment complies with this Act and the regulations, and
(b) notify the owner of his or her determination under paragraph (a) and provide reasons if the management commitment or amendment does not meet the requirements of paragraph (a).
(4) A management commitment that the chief executive officer determines meets the requirements of subsection (3) (a) is ineffective to the extent that it conflicts with a requirement of this Act or the regulations in effect on the date of the chief executive officer's determination.
17.4 (1) An owner of identified land may, in accordance with the regulations, submit a proposed variance from a requirement of section 17.1 or 17.2 to the following:
(a) an official, if the variance meets the prescribed requirements for a minor variance;
(b) the chief executive officer, if the variance meets the prescribed requirements for a significant variance;
(c) the commission, if the variance meets the prescribed requirements for a major variance.
(2) The official, chief executive officer or commission may approve a proposed variance, with or without conditions, if
(a) the request for the variance meets the prescribed requirements, and
(b) the official, chief executive officer or commission is satisfied that the proposed variance will adequately manage the matters referred to in sections 17.1 and 17.2 for the area affected by the variance.
(3) The person who makes a decision under subsection (2) must notify the owner in writing of the decision, including the specification of any conditions, and provide reasons if the proposed variance is not accepted.
(4) The owner who receives notice under subsection (3) that a proposed variance has been accepted must comply with the variance and any conditions specified in the notice.
(5) A variance under this section does not affect any fine, imprisonment, fee, charge or penalty to which a person may be liable under this Act or the regulations if the offence or contravention occurred before the variance.
17.5 (1) The chief executive officer may request an owner of identified land to submit records in the possession of the owner if the chief executive officer considers it necessary in determining whether there is compliance with this Act and the regulations.
(2) An owner that receives a request under subsection (1) must comply with the request.
(3) Without limiting subsection (1), an owner of identified land must submit to the commission, at prescribed times, a declaration in writing specifying
(a) the location of harvesting activities on the identified land that have occurred since the preceding declaration, if any,
(b) the timing, location, nature and success of reforesting of areas carried out since the preceding declaration, if any, and
(c) other prescribed matters.
Part 4 Removal of Land from the Reserve
18 (1) On application of the owner in accordance with section 26, the commission may approve the removal of private land from the reserve in accordance with this Part.
(2) Subject to the regulations, the commission may make a removal subject to conditions specified by the commission.
(3) If a removal is approved by the commission, the designation of land as forest reserve land is removed when any applicable conditions under subsection (2) have been met.
(4) [Repealed 2002-11-01.]
(5) The commission, by resolution, may establish criteria under which applications for exclusion from the reserve may be approved by the chief executive officer.
(6) An approval of an application by the chief executive officer under subsection (5) is a decision of the commission for the purposes of this Act.
19 (1) The commission may approve a removal if the commission is satisfied that the removal is in the public interest.
(2) The commission must give the applicant and the local government written notice of its decision regarding an application under this section.
20 [Repealed 2002-11-01.]
21 [Repealed 2002-11-01.]
22 [Repealed 2002-11-01.]
23 [Repealed 2002-11-01.]
24 [Repealed 2002-11-01.]
25 (1) The Lieutenant Governor in Council may, by order, remove Crown land from the reserve.
(2) [Repealed 2002-11-01.]
(3) [Repealed 2002-11-01.]
Part 5 Procedures for Applications to the Commission
26 (1) An application to which this section applies must be made in writing and include the following:
(a) the name and address of the owner of the land who is making the application;
(b) if the address referred to in paragraph (a) is inappropriate, an address at which legal and other documents relating to the application may be served on the owner;
(c) a statement of the nature of the application;
(d) an identification of the land in relation to which the application is made, in a form satisfactory to the commission;
(e) a statement of the reasons for the application;
(f) any other information required to be included by regulation.
(2) If applicable, an application must be in the prescribed form.
(3) The application must be delivered to the commission together with any applicable fee established by regulation.
27 The commission may refer any application under this Act to one or more of the following for information or comment:
(a) a local government;
(b) a first nation;
(c) an organization recognized by the commission as representing a community of interests that may be affected by the application.
28 (1) Subject to any requirements of the regulations, the commission may decide an application on the basis of written submissions only or on the basis of a hearing.
(2) [Repealed 2002-11-01.]
(3) [Repealed 2002-11-01.]
(4) [Repealed 2002-11-01.]
28.1 (1) If the commission determines, on the written request of a person affected or on the commission's own initiative, that
(a) evidence not available at the time of a decision of the commission under this Act has become available, or
(b) a decision of the commission under this Act was based, in whole or in part, on evidence that was in error or was false,
the commission may reconsider that decision and may confirm, reverse or vary it.
(2) The commission must give notice of its intention to reconsider a decision under subsection (1) to any person that the commission considers is affected by the reconsideration.
29 (1) Subject to subsection (2), a member of the commission may take up and carry on to completion all proceedings commenced under this Act but not completed before the member's appointment.
(2) A member of the commission who was not present at the hearing of an application or other matter under this Act may vote on the application or matter only if a record of the hearing is given to the member before the vote.
Part 5.1 Remedies, Orders and Appeals
Division 1 Inspections and Investigations
29.1 (1) For any purpose related to the administration of this Act or of the regulations, including the application of administrative remedies under this Part, an official may enter,
(a) at any reasonable time, on identified land if the official has reasonable grounds to believe that the identified land is the site of an activity regulated under this Act or the regulations, and
(b) at any reasonable time and upon reasonable notice, the business premises of the owner of identified land where records are kept, unless the business premises is a private residence, for the purpose of inspecting or copying records that are required to be kept under this Act and the regulations.
(2) An official who enters on land or premises under this section
(a) may inspect any thing or activity that is reasonably related to the purpose for which the official entered the identified land or premises,
(b) may require production for inspecting or copying either or both of the following:
(i) a plan or authorization that is required for the activity;
(ii) a record required to be kept in relation to a requirement of this Act or the regulations, and
(c) on the request of the person who has apparent custody or control of the property or activity being inspected, must provide proof of identity to that person.
(3) A justice of the peace may issue a warrant under section 21 or 22 of the Offence Act to an official to enter premises and search for and seize evidence of a contravention of this Act or the regulations.
(4) The provisions of the Offence Act apply to the search and seizure under subsection (3).
(5) An official exercising powers or duties under this section may be accompanied by a peace officer.
Division 2 Administrative Remedies
29.11 (1) The chief executive officer, in accordance with the regulations, may levy a penalty against an owner of identified land, up to the prescribed amount and in the prescribed manner, if the chief executive officer determines that this Act or the regulations have been contravened by
(a) the owner, or
(b) the owner's employee, agent or contractor, if the contravention occurred in the course of carrying out the employment, agency or contract.
(2) If a corporation contravenes this Act or the regulations, a director or officer of it who authorized, permitted or acquiesced in the contravention also commits the contravention.
(3) The time limit for levying a penalty against a person under subsection (1) is 3 years after the facts on which the penalty is based first came to the knowledge of the chief executive officer.
29.2 (1) If the chief executive officer determines that an owner of identified land or the owner's employee, agent or contractor, in the course of carrying out the employment, agency or contract, has contravened this Act or the regulations, the chief executive officer, in accordance with the regulations, may order the owner to remedy the contravention by
(a) carrying out a requirement of this Act or the regulations that the owner has failed to carry out, or
(b) repairing or mitigating damage caused to identified land by the contravention.
(2) The time limit for making an order under subsection (1) is 3 years after the facts on which the order is based first came to the knowledge of the chief executive officer.
(3) Subject to subsection (4), if an owner fails to comply with an order under subsection (1), the chief executive officer, in accordance with the regulations, may do one or more of the following:
(a) in a notice given to the owner, restrict or prohibit the owner from carrying out the work referred to in the order;
(b) require security to be provided in accordance with section 35 and realize on that security;
(c) carry out all necessary work.
(4) Subsection (3) does not apply to an order under subsection (1) that was issued for a failure to comply with the requirements of section 17.2.
(5) The owner is liable to the commission for costs incurred by the commission under subsection (3).
29.21 (1) If an official considers that a person is contravening a provision of this Act or the regulations, the official, in accordance with the regulations may order that the contravention cease, or cease to the extent specified by the order.
(2) An order under this section may be made to apply generally or to one or more persons named in the order.
29.3 (1) If the chief executive officer determines that an owner of managed forest land or the owner's employee, agent or contractor, in the course of carrying out the employment, agency or contract, has contravened Part 3.1 or the regulations under that Part with respect to the managed forest land, the chief officer may notify the assessment commissioner that the requirements of this Act and the regulations have not been met.
(2) If, after the assessment commissioner is notified under subsection (1) of the chief executive officer's determination,
(a) the chief executive officer, on further consideration under section 29.41,
(i) rescinds the determination, or
(ii) varies the determination to the extent that it impacts the decision to notify the assessment commissioner, or
(b) the commission, on appeal under section 29.7,
(i) rescinds or varies the determination, or
(ii) refers the determination back to the chief executive officer,
the chief executive officer must notify the assessment commissioner of the decision under paragraph (a) or (b).
29.31 (1) The chief executive officer may refer the following to an advisory panel established under and in accordance with the regulations:
(a) an application for a variance under section 17.4 (1) (b);
(b) contravention information if the chief executive officer considers that an owner of identified land may have contravened Part 3.1 or the regulations under that Part.
(2) If the chief officer refers the application or information to an advisory panel under subsection (1), the advisory panel must conduct a review in accordance with the regulations.
(3) The chief executive officer may, at any time, suspend the review by the advisory panel.
(4) At the conclusion of the review, the advisory panel, in accordance with the regulations, must submit to the chief officer a report that meets the prescribed requirements.
(5) The chief executive officer may consider the report of the advisory panel
(a) with respect to a variance application referred to in subsection (1) (a) when making a decision under section 17.4 (2), and
(b) with respect to contravention information under subsection (1) (b) when
(i) determining a penalty under section 29.11,
(ii) making a remediation order under section 29.2, or
(iii) making a notification under section 29.3 (1).
29.4 (1) An official may rescind an order or decision made by the official under this Act or the regulations if the official determines that there were insufficient grounds for making the order or decision.
(2) An official may vary an order or decision made by the official under this Act or the regulations
(a) on new information being provided to the official, and
(b) with the consent of the person who was the subject of the order or decision.
(3) Despite subsections (1) and (2), an official may not rescind or vary an order or decision that is the subject of an administrative review under section 29.6 after the conclusion of the administrative review.
29.41 (1) The chief executive officer may rescind an order, decision or determination made by the chief executive officer under this Act or the regulations if the chief executive officer determines that there were insufficient grounds for making the order, decision or determination.
(2) The chief executive officer may vary an order, decision or determination made by the chief executive officer under this Act or the regulations
(a) on new information being provided to the chief executive officer, and
(b) with the consent of the person who was the subject of the order, decision or determination.
(3) Despite subsections (1) and (2), the chief executive officer may not rescind or vary an order, decision or determination that is the subject of an appeal under section 29.7 after the conclusion of the appeal.
(4) The chief executive officer may rescind an order of an official under section 29.21 if the chief executive officer determines that there were insufficient grounds for making the order.
29.5 (1) The commission may rescind an order, decision or determination made by the commission under this Act or the regulations if the commission determines that there were insufficient grounds for making the order, decision or determination.
(2) The commission may vary an order, decision or determination made by the commission under this Act or the regulations
(a) on new information being provided to the commission, and
(b) with the consent of the person who was the subject of the order, decision or determination.
(3) Despite subsections (1) and (2), the commission may not rescind or vary an order, decision or determination that is the subject of an appeal under section 29.71 after the conclusion of the appeal.
29.51 (1) If the commission considers that a person is not complying, or has not complied, with
(a) an order, decision or determination under section 29.11, 29.21, 29.4, 29.41, 29.5, 29.6, 29.7 or 29.97 (3), or
(b) an order under section 29.2 unless the order is for failing to comply with the requirements of section 17.2,
the commission may apply to the Supreme Court for either or both of the following:
(c) an order directing the person to comply with the order, decision or determination or restraining the person from violating the order, decision or determination;
(d) an order directing the directors and officers of the person to cause the person to comply with or to cease violating the order, decision or determination.
(2) On application of the commission under this section, the Supreme Court may make an order it considers appropriate.
Division 3 Administrative Reviews and Appeals
29.6 (1) If a person is the subject of a decision of an official under section 17.4 (2) or receives a stop work order under section 29.21, the person, in accordance with the regulations, may require a review of the order by serving on the chief executive officer a request for review that meets the prescribed requirements.
(2) A review of the stop work order is to be conducted in accordance with the regulations by a person who meets the prescribed requirements.
(3) On a review, the person who carries out the review may
(a) by order, confirm, vary or rescind the order, decision or determination, or
(b) refer the matter back to the person who made the initial order, decision or determination, with or without directions.
29.61 (1) A person who is the subject of
(a) an order or decision of an official under section 17.4 (2) or 29.21, or
(b) an order, decision or determination of the chief executive officer under section 17.3 (3), 17.4 (2), 29.11, 29.3, 29.41 or 29.6
may appeal the order, decision or determination to the commission by serving on the commission a notice of appeal that meets the prescribed requirements.
(2) An appeal may not be made under subsection (1) (a) unless the order has first been reviewed under section 29.6.
(3) If an order or decision under subsection (1) (a) is varied on a review under section 29.6, the appeal to the commission is from the order as varied.
29.7 (1) If a notice of appeal served under section 29.61 (1) meets the prescribed requirements, the commission must
(a) carry out an appeal in accordance with the regulations, and
(b) notify the parties in accordance with the regulations of the results of the appeal.
(2) On an appeal, the commission may
(a) by order, confirm, vary or rescind the order, decision or determination, or
(b) refer the matter back to the person who made the initial order, decision or determination, with or without directions.
(3) An order under subsection (2) that is filed in the court registry has the same effect as an order of the court for the recovery of a debt in the amount stated in the order against the person named in it, and all proceedings may be taken as if the order were an order of the court.
(4) Unless the commission orders otherwise, a review or an appeal under this Division does not operate as a stay or suspend the operation of the order, decision or determination under appeal.
29.71 (1) In accordance with the regulations, a person who has appealed under section 29.61 to the commission may appeal the decision of the commission to the Supreme Court on a question of law or jurisdiction.
(2) An appeal from a decision of the Supreme Court lies to the Court of Appeal with leave of a justice of the Court of Appeal.
29.8 (1) The time limit for laying an information respecting an offence under this Act or the regulations is 3 years after the facts on which the information is based first came to the knowledge of the chief executive officer.
(2) A document purporting to have been issued by the chief executive officer, certifying the day on which he or she became aware of the facts on which an information is based, is admissible without proof of the signature or official character of the individual appearing to have signed the document and, in the absence of evidence to the contrary, is proof of the matter certified.
29.81 (1) A person who contravenes the following sections commits an offence and is liable on conviction to a fine not exceeding $1 000 000 or to imprisonment for not more than 6 months or to both:
(a) section 17.1;
(b) section 17.4 (4) with respect to a variance
(i) from a requirement of section 17.1, or
(ii) from a requirement of a regulation under section 17.1;
(c) section 29.91.
(2) A person who contravenes section 17.5 (2) or (3) or an order under section 29.2 (1) or 29.21 commits an offence and is liable on conviction to a fine not exceeding $500 000 or to imprisonment for not more than 6 months or to both.
(3) The maximum fine to which a person is liable on a second or subsequent conviction for the same offence
(a) under subsection (1) is double the amount set out in that subsection, and
(b) under subsection (2) is double the amount set out in that subsection.
(4) The Lieutenant Governor in Council may, by regulation, provide that
(a) a contravention of a regulation made under section 17.1 or a contravention under section 17.4 with respect to a variance from a requirement of a regulation made under section 17.1 is an offence, and
(b) a person convicted of an offence for a contravention of
(i) a regulation made under section 17.1, or
(ii) section 17.4 with respect to a variance from a requirement of a regulation made under section 17.1
is liable to a fine not exceeding $1 000 000 or to imprisonment for not more than 6 months or to both.
(5) If the maximum fine or imprisonment provided by a regulation under subsection (4) (b) is less than that provided by a provision of this Act, the regulation prevails.
29.9 (1) A proceeding, conviction or penalty for an offence under this Act does not relieve a person from any other liability.
(2) The provisions of this Part are in addition to the provisions of any other enactment or rule of law under which
(a) a remedy or right of appeal or objection is provided, or
(b) a procedure is provided for inquiry into or investigation of a matter,
and nothing in this Act limits or affects that remedy, right or procedure.
29.91 A person commits an offence who
(a) without lawful excuse intentionally interferes with,
(b) without lawful excuse intentionally fails to comply with a lawful requirement of, or
(c) intentionally makes a false statement to or misleads or attempts to mislead
another person who is
(d) an official, a member of the commission or a person appointed under section 29.31 or 29.97, and
(e) exercising a power or duty under this Act or the regulations.
29.92 (1) If a person is convicted of an offence under this Act or the regulations, in addition to any other punishment that may be imposed, the court may order the person to do one or more of the following:
(a) refrain from doing anything that may result in the continuation or repetition of the offence or contravention;
(b) take any action the court considers appropriate to remedy or avoid any harm to the environment that may result from the act or omission that constituted the offence;
(c) publish, at the person's own cost, the facts relating to the conviction;
(d) compensate the commission for all or part of the cost of any remedial or preventative action taken by or caused to be taken on behalf of the commission as a result of the act or omission that constituted the offence;
(e) pay court costs;
(f) pay costs of the investigation;
(g) pay compensation to make restitution.
(2) The court that convicts a person of an offence under this Act or the regulations may increase a fine imposed on the person by an amount equal to the court's estimation of the amount of the monetary benefit acquired by the person as a result of having committed the offence.
(3) A fine under subsection (2)
(a) applies despite any enactment that provides for a maximum fine, and
(b) is in addition to any other fine under this Act or the regulations.
(4) Nothing in this section prevents a court that is determining the amount of a fine from taking into consideration
(a) the payment of an administrative penalty, or
(b) actions taken by the person before, during and after the offence has been committed.
29.93 (1) In a prosecution for an offence under this Act or the regulations it is sufficient proof of the offence to establish that the offence was committed by the defendant's employee, agent or contractor.
(2) Subsection (1) applies even if the employee, agent or contractor has not been identified or prosecuted for the offence.
29.94 If a corporation commits an offence under this Act or the regulations, a director or officer of the corporation who authorized, permitted or acquiesced in the offence also commits the offence.
29.95 Section 5 of the Offence Act does not apply to Parts 3.1, 5.1 and 5.2 of this Act or to the regulations made under any of those Parts.
29.96 The powers in this Act and the regulations for the official, chief executive officer, commission or government to
(a) make an order,
(b) impose a fine or penalty, or
(c) commence a proceeding
may be exercised separately, concurrently or cumulatively and do not affect the powers of the government under this or any other enactment.
29.97 (1) In accordance with the regulations, the commission may appoint auditors that meet the prescribed requirements to carry out audits to determine compliance with this Act and the regulations by an owner of identified land.
(1.1) For any purpose related to carrying out an audit to determine compliance with this Act and the regulations, and at any reasonable time and on reasonable notice, an auditor may enter on
(a) identified land to which the audit pertains, and
(b) the business premises of the owner of identified land, unless the business premises constitute a private residence, for the purpose of inspecting or copying records that are relevant to the audit.
(1.2) An auditor who enters on land or premises under this section
(a) may inspect any thing or activity that is reasonably related to the purpose of the audit,
(b) may require production for inspecting or copying either or both of the following:
(i) a plan or authorization that is required for the activity that is the subject of the audit;
(ii) a record required to be kept in relation to the audit, and
(c) on the request of the person who has apparent custody or control of the property or activity being audited, must provide proof of identity to that person.
(2) Auditors appointed under subsection (1)
(a) must carry out audits in accordance with the regulations, and
(b) must, in accordance with the regulations, submit an audit report that meets the prescribed requirements.
(3) The commission may, by written notice, require an owner to prepare and submit to the commission an action plan to address one or more recommendations specified in the audit report.
(4) An owner who receives a notice under subsection (3) must promptly comply with the requirements of the notice.
(5) On the commission approving an action plan, the owner must carry out the action plan to the satisfaction of the commission.
30 If this Act or the regulations require or authorize the commission to serve a notice or other document on a person, the service may be effected by one of the following:
(a) by personal service, in which case service is effected when the person is served;
(b) by registered mail to the person's last known address, in which case service is deemed to be effected on the 14th day after the document was sent by registered mail;
(c) if the person or address are not known, by publication once in a newspaper having general circulation in the locality in which the land is situated, in which case service is deemed to be effected on the seventh day after the date of publication.
31 [Repealed 1999-11-7.]
32 (1) The only persons who may exercise a power under subsection (2) are members of the commission and persons who are authorized in writing by the commission for the purposes of this section.
(2) A person authorized under subsection (1) may, for the purpose of deciding an application under this Act in relation to private forest reserve land, other than Crown licence land, or ensuring compliance in relation to such land with this Act, a regulation under this Act or an order of the commission, do one or more of the following:
(a) enter any land, other than a dwelling house;
(b) make any surveys, analyses, inspections, examinations or tests that are necessary to determine
(i) the current use of the land,
(ii) the suitability of the land for forest use, or
(iii) the potential impact on forest reserve land of proposed changes to the use of the land;
(c) remove soil and vegetation samples for the purposes of conducting the analyses and tests referred to in paragraph (b).
(3) A person must not hinder, obstruct, impede or otherwise interfere with a person exercising a power under subsection (2).
33 (1) If the commission considers that a present or future activity on or use of private forest reserve land, other than Crown licence land, may contravene this Act, the regulations or a condition imposed by the commission under this Act, the commission may order that, for a specified period not longer than 60 days,
(a) the activity or use must not be continued or commenced on the land by any person, or
(b) the activity or use may be continued or commenced only in accordance with conditions established by the commission.
(2) An order under subsection (1) becomes effective when it is served on the owner or occupant.
(3) In the circumstances referred to in subsection (1), the commission may order the owner or occupant of the land to make written or oral submissions, as required by the commission, addressing the likelihood of impairment of the land for timber production and harvesting.
34 (1) The commission may apply to the Supreme Court for an injunction under this section if the commission considers that a present, past or future activity on or use of private forest reserve land, other than Crown licence land, may contravene this Act, the regulations or an order or condition imposed by the commission under this Act.
(2) On application of the commission, the Supreme Court may grant an injunction ordering one or more of the following:
(a) that a person must not continue or commence an activity or use of the land;
(b) that an activity or use of the land may only be continued or commenced in accordance with conditions established by the court or the commission;
(c) in the case of an activity or use that is present or past, that a person must undertake remediation of the land to return it to its condition before the activity or use was commenced or a condition that will allow the land to be used for timber production and harvesting.
34.1 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 commission under this Act are privileged to the same extent as if the investigation, inquiry or proceedings were proceedings before a court, and
(b) a report made by the commission 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 commission were an order of the court.
34.2 (1) Each of the following persons must take an oath that he or she will not disclose information or records obtained under this Act or the regulations except as permitted by this section and the Freedom of Information and Protection of Privacy Act and the regulations under that Act:
(a) a member of the commission;
(b) a specialist or consultant retained by the commission;
(b.1) [Spent. B.C. Reg. 318/99, s. 61.]
(c) a person who is a member of an advisory panel;
(d) a person appointed under section 29.97.
(2) A person referred to in subsection (1)
(a) must not disclose any information or record obtained in exercising or performing a power, duty or function under this Act or the regulations except as required for the performance of his or her duties under this Act or the regulations or as permitted in this section or the Freedom of Information and Protection of Privacy Act and the regulations under that Act,
(b) may disclose to the government any information or record obtained in the exercise or performance of a power, duty or function under this Act or the regulations, and
(c) must not disclose, or be compelled to disclose, any information or record obtained in the exercise of a power, duty or function under this Act or the regulations to a court, or in a proceeding of a judicial nature, except in the following matters:
(i) a trial of a person for perjury;
(ii) a proceeding to enforce powers of investigation under this Act;
(iii) a prosecution for an offence under section 29.91;
(iv) a review or appeal under this Act.
(3) and (4) [Spent. B.C. Reg. 318/99, s. 62.]
34.3 (1) A document purporting to have been issued by the commission certifying that the commission has designated a person as an official under this Act is admissible as evidence of the designation without proof of the signature or character of the members of the commission purporting to have signed the document.
(2) In this Act or the regulations, a reference to
(a) the commission includes a reference to a person authorized by the commission to act on its behalf, and
(b) the chief executive officer includes a reference to a person authorized by the chief executive officer to act on his or her behalf.
(3) A document purporting to have been issued by the commission certifying that the commission has delegated a power or duty to a person under this Act or the regulations is admissible as evidence of the delegation without proof of the signature or character of the members of the commission purporting to have signed the document.
(4) A document purporting to have been issued by the chief executive officer certifying that the chief executive officer has delegated a power or duty to a person under this Act or the regulations is admissible as evidence of the delegation without proof of the signature or character of the chief executive officer purporting to have signed the document.
(5) A person who exercises a power through a delegation referred to under subsection (3) or (4) is required to comply with the requirements of this Act and the regulations in respect of the exercise of that power and a decision of the delegate is a decision of the person who delegated the power.
34.4 Before October 31 of each calendar year, the chief executive officer must submit a report to the assessment commissioner specifying land in respect of which, during the previous 12 months, the owner of identified land did any of the following:
(a) submitted a management commitment or amendment that meets the requirements of section 17.3 (3) (a);
(b) for managed forest land,
(i) complied with the requirements of this Act and the regulations, or
(ii) was the subject of a determination under section 29.3 that the requirements of this Act and the regulations have not been met.
35 The commission may require an applicant whose application under this Act has been granted on condition or a person who has been ordered under section 34 to undertake remediation, to post a bond in accordance with the Bonding Act to ensure compliance with the condition or order.
36 It is conclusively deemed for all purposes, including for the purposes of the Expropriation Act, that land is not taken or injuriously affected because of its designation by or under this Act as forest reserve land or because it is identified land.
37 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) [Repealed 1999-14-32.]
(b) establishing time periods in which something required or authorized by this Act must be done;
(c) [Repealed 2002-11-01.]
(d) [Repealed 2002-11-01.]
(e) [Repealed 2002-11-01.]
(e.1) for the purposes of section 17.1 (a) and (b), respecting requirements and constraints for management of soil conservation, water quality and fish habitat on identified land;
(e.2) for the purposes of section 17.1 (c), respecting the following requirements and constraints for management of critical wildlife habitat on identified land:
(i) identification of critical wildlife habitat;
(ii) notification to prescribed persons;
(iii) limitation on carrying out of an activity within critical wildlife habitat provided that such limitation on activity, unless otherwise agreed to by the owner, does not exceed
(A) 1% of the total area of identified land owned by that person, and
(B) a 1 year time period;
(e.3) for the purposes of section 17.2, respecting the requirement to reforest, including, without restriction,
(i) the attributes that must be attained by a crop of trees on an area before the area is considered to be reforested, including species, density and distribution of crop trees as defined by regulation, and
(ii) the time period within which the area must be reforested;
(e.4) for the purposes of section 17.3, respecting management commitments, and the form and content of those commitments;
(e.5) for the purposes of section 17.4, respecting variances, including, without restriction, establishing the following:
(i) in what circumstances an owner may apply for a variance;
(ii) the form and content of a variance application;
(iii) the process of evaluating an application for a variance, including prescribing constraints on where a variance may be granted;
(f) [Repealed 2002-11-01.]
(g) [Repealed 2002-11-01.]
(h) [Repealed 1998-22-18.]
(i) [Repealed 2002-11-01.]
(j) [Repealed 2002-11-01.]
(k) for the purposes of section 26,
(i) prescribing information that must be included in a class of applications,
(ii) prescribing the form that must be used for a class of applications, and
(iii) establishing fees that must be paid to the commission in respect of an application of a particular class, which may be different for different sizes of land to which an application relates;
(l) for the purposes of section 28,
(i) establishing procedures that must be followed by the commission in deciding applications,
(ii) [Repealed 2002-11-01.]
(iii) [Repealed 2002-11-01.]
(m) for the purposes of Part 5.1,
(i) establishing administrative remedies, including fees, charges and penalties in cases where there is a failure to comply with the requirements of this Act or the regulations,
(ii) with respect to advisory panels, prescribing
(A) the establishment of advisory panels, including their composition and any remuneration,
(B) the mandate of the advisory panels,
(C) the requirements for reports, including their form and content,
(D) the cancellation of advisory panels, and
(E) the reimbursement of expenses incurred by an advisory panel during a review, and
(iii) with respect to reviews and appeals, prescribing
(A) the circumstances in which a review or appeal may be made,
(B) who may be parties to an appeal,
(C) the content of a request for a review and appeal,
(D) the practice, procedure and form for reviews and appeals,
(E) the forms of evidence that are admissible,
(F) the requirements to make written submissions,
(G) the making of interim orders,
(H) requirements for the attendance of witnesses, the conduct of witnesses and compelling of witnesses to give evidence under oath or some other manner, and
(I) the costs of reviews and appeals and the apportionment of those costs between the parties;
(n) for the purposes of Part 5.2, with respect to audits, establishing
(i) the appointment of auditors and the qualifications of auditors,
(ii) the manner of conducting an audit, including
(A) the power of the auditor to obtain information,
(B) requirements for consultation with the owner that is the subject of the audit and the making of representations, and
(C) the form, content and submission of audit reports,
(iii) the commission response to audit reports, including requiring action plans to be developed and implemented by the owner of identified land, and
(iv) the dissemination of audit results.
(3) In addition to the variations permitted by subsection (2), a regulation under this section may be different for the following:
(a) different classes of applications as established by the regulations;
(b) Crown land, Crown licence land and other forest reserve land;
(c) different classes of forest land as established by the regulations.
(4) The Lieutenant Governor in Council may make regulations respecting matters that are
(a) referred to in this Act as having to be in accordance with the regulations, or
(b) indicated by this Act as being a matter for a regulation.
(5) The Lieutenant Governor in Council may make a regulation defining a word or expression used but not defined in this Act.
(6) 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 places, things, transactions or special concerns.
(7) The Lieutenant Governor in Council may make regulations respecting the criteria that a person must use when exercising a discretionary power conferred on the person by this Act or the regulations.
(8) If the Lieutenant Governor in Council is satisfied that the matters referred to in sections 17.1 and 17.2 will be adequately managed, the Lieutenant Governor in Council may make regulations respecting an exemption of a person, place or thing from a provision of Part 3.1 of this Act or the regulations under that Part, and may make the exemption subject to conditions.
(9) 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 or the regulations.
38 [Repealed 2002-11-01.]
39 (1) The Lieutenant Governor in Council may, by regulation, remove specified land from the reserve if it is land that
(a) is forest reserve land under section 10 (2), and
(b) was reclassified under the Assessment Act for the 1994 taxation year as other than managed forest land.
(2) Subsection (1) applies as an exception to Part 4 and no approval by the commission is required for a removal under this section.
40 [Repealed 2002-11-01.]
41 [Repealed RS1996-158-41 (4).]
42 (1) On the coming into force of this section, any parcel of land that was managed forest land on the current assessment roll is deemed to be managed forest land without the owner having submitted a management commitment under section 17.3.
(2) Within one year after the coming into force of this section, an owner referred to in subsection (1) must submit a management commitment that meets the requirements of section 17.3.
(3) If an owner fails to comply with the requirements of subsection (2), the chief executive officer may make an order under section 29.3 notifying the assessment commissioner that the requirements of this Act and the regulations have not been met.
Copyright © 2003: Queens Printer, Victoria, British Columbia, Canada