Ministry constituted

1.  (1) There shall be a ministry of the public service of the Province called the Ministry of Forests.

(2) The minister shall preside over and be responsible to the Lieutenant Governor in Council for the direction of the ministry.

(3) The minister

(a) shall continue a forest service; and

(b) may establish other branches or divisions as he considers advisable.

Historical Note(s): 1978-27-2.

Deputy and employees

2.  (1) There may be appointed pursuant to the Public Service Act

(a) a deputy minister;

(b) a chief forester;

(c) a regional manager for a forest region established under the Forest Act and a range district established under the Range Act;

(d) a district manager for a forest district established under the Forest Act and the part of a range district established under the Range Act that covers the same area as the forest district; and

(e) other employees required to carry out the functions of the ministry.

(2) [Repealed 1985-15-34, effective March 2, 1987 (B.C. Reg. 248/86).]

(3) The minister

(a) may, notwithstanding the Public Service Act, engage and retain consultants, experts or specialists and fix their remuneration; and

(b) shall establish a forest research council and one or more logging contractor clause advisory committees and may establish other committees or councils to advise him with respect to any matter included in his duties, powers and functions, and a person serving on a committee or council shall be paid his necessary and reasonable travelling and living expenses while performing his duties and in addition may be paid remuneration as the minister determines.

(4) The minister may designate one or more employees of the Ministry of Forests to act temporarily in the place of the chief forester or a regional manager.

(5) The regional manager may designate one or more employees of the Ministry of Forests to act temporarily in the place of a district manager.

Historical Note(s): 1978-27-3; 1980-14-50; 1982-72-11, proclaimed effective February 24, 1983; 1985-15-34, effective March 2, 1987 (B.C. Reg. 248/86).

Minister's duties

3.  The duties, powers and functions of the minister extend to and include all matters relating to forest and range resources in the Province that are not, by law or by order of the Lieutenant Governor in Council, assigned to another minister, ministry, branch or agency of the government.

Historical Note(s): 1978-27-4.

Purposes and functions of ministry

4.  The purposes and functions of the ministry are, under the direction of the minister, to

(a) encourage maximum productivity of the forest and range resources in the Province;

(b) manage, protect and conserve the forest and range resources of the Crown, having regard to the immediate and long term economic and social benefits they may confer on the Province;

(c) plan the use of the forest and range resources of the Crown, so that the production of timber and forage, the harvesting of timber, the grazing of livestock and the realization of fisheries, wildlife, water, outdoor recreation and other natural resource values are coordinated and integrated, in consultation and cooperation with other ministries and agencies of the Crown and with the private sector;

(d) encourage a vigorous, efficient and world competitive timber processing industry in the Province; and

(e) assert the financial interest of the Crown in its forest and range resources in a systematic and equitable manner.

Historical Note(s): 1978-27-5.

Acquisition and disposition of land

5.  (1) To carry out the duties, powers and functions of the minister, on behalf of the Crown, the minister may acquire land.

(2) The minister may dispose of an interest in land, other than the fee simple, and may dispose of Crown rights under a licence to occupy or permit to use land if

(a) the interest or rights, as the case may be, have previously been acquired by the minister,

(b) the land has located on it, or was acquired with the intention of locating on it, improvements, and

(c) the disposition of the interest or rights, as the case may be, is necessary for the management of land remaining under the management of the minister.

(3) Notice of an acquisition of land or disposition of Crown land under this section must be given to the Surveyor General within 30 days after completion.

Historical Note(s): 1992-77-6.

Agreements and grants

6.  The minister may

(a) enter into an agreement or arrangement with any person or province or Canada relating to a matter included in the minister's duties, powers and functions; and

(b) grant money to organizations engaged in forest research or education.

Historical Note(s): 1978-27-7.

Resource analysis every 10 years

7.  Not later than September 30, 1979, September 30, 1984 and September 30 of every 10th year after that the minister shall prepare and submit to the Lieutenant Governor in Council a forest and range resource analysis containing

(a) a description of the inventory of the forest and range resources in the Province;

(b) a description of the location and extent of areas of forest land in the Province that

(i)  have been denuded of timber through harvesting or otherwise and that, in the opinion of the chief forester, have not become either restocked or established with a free growing crop of commercially valuable species of timber; or

(ii)  are producing timber at a rate that, in the opinion of the chief forester, is substantially lower than their potential;

(c) a description of the programs of the ministry respecting public and private forest and range management, protection, conservation, investment and research;

(d) an analysis of trends in and a forecast of

(i)  domestic and international demand for and uses of the forest and range resources in the Province and products manufactured from them; and

(ii)  the supply of the forest and range resources in the Province and products manufactured from them, in relation to the supply from areas outside the Province; and

(e) a summary of developments in and questions of public policy that are expected to influence significantly and to affect the use, ownership, licensing and management of forest and range resources.

Historical Note(s): 1978-27-8; 1987-54-21.

Five year resource program

8.  Not later than September 30, 1979 and September 30 of each year afterward the minister shall submit to the Lieutenant Governor in Council a forest and range resource program containing

(a) a presentation of the alternatives available for carrying out basic silviculture on forest land, for increasing the productivity of forest and range land and for otherwise improving forest and range resources in the Province, identifying

(i)  estimated capital and current expenditures associated with each alternative;

(ii)  the estimated effect of each alternative on the productivity of the resources;

(iii)  estimated direct and indirect economic and social benefits and costs associated with each alternative; and

(iv)  an assessment of the priorities that should be given to each alternative; and

(b) a program recommended to be implemented by the ministry during the 5 year period beginning April 1 of the year following the date it is submitted, for carrying out basic silviculture on forest land, increasing the productivity of forest and range land and otherwise improving forest and range resources in the Province, including

(i)  a schedule for implementing the program;

(ii)  the method to be used and priorities adopted for implementing the program; and

(iii)  the roles to be played by the Crown and the private sector in implementing the program.

Historical Note(s): 1978-27-9; 1987-54-22.

Analysis and program to be laid before Assembly

9.  A forest and range resource analysis and a forest and range resource program shall be laid before the Legislative Assembly no later than 15 days after commencement of the first session in the calendar year following its submission to the Lieutenant Governor in Council under sections 7 and 8.

Historical Note(s): 1978-27-10.

Annual report

10.  (1) The minister shall submit to the Lieutenant Governor in Council an annual report of the work performed by the ministry which shall be laid before the Legislative Assembly within 15 days after commencement of the first session in the year following the end of the year for which it is made.

(2) The annual report shall include

(a) a review of the forest and range program then in effect, with

(i)  a statement of the expenditures incurred to implement it;

(ii)  an assessment of the effect it has had on the productivity of forest and range resources in the Province;

(iii)  an analysis of the direct and indirect economic and social benefits and costs associated with its implementation; and

(iv)  a statement of the audits made in respect of basic silviculture carried out under the Forest Act; and

(b) a summary of forest land in the Province, showing

(i)  areas denuded of forest during the year;

(ii)  areas restocked and areas established with a free growing crop during the year; and

(iii)  areas the productivity of which has been improved during the year.

Historical Note(s): 1978-27-11; 1987-54-23.

Regulations

11.  The Lieutenant Governor in Council may make regulations.

Historical Note(s): 1978-27-12.