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"Point in Time" Regulation Content

Forest Practices Code of British Columbia Act

Provincial Forest Use Regulation

B.C. Reg. 176/95

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 1 December 10, 2018
Section 3 November 27, 2009
March 11, 2024
Section 7 November 27, 2009
December 10, 2018
March 11, 2024
July 15, 2024
Section 8 March 11, 2024
Section 9 March 11, 2024
April 1, 2024
Section 9.1 March 11, 2024
Section 9.2 March 11, 2024
Section 12 March 11, 2024
Section 13 March 11, 2024
July 15, 2024
Section 14 March 11, 2024
Section 15 March 11, 2024
Section 16 March 11, 2024
April 1, 2024
July 15, 2024
Part 4 Section 17 to 20 March 11, 2024

 Section 1 BEFORE renumbered and (2) was added by BC Reg 262/2018, effective December 10, 2018.

Definitions

1   In this regulation:

"Act" means the Forest Practices Code of British Columbia Act;

"special use permit" means a permit issued under section 9.

 Section 3 (l) and (m) were added by BC Reg 281/2009, effective November 27, 2009.

 Section 3 (part) BEFORE amended by BC Reg 57/2024, effective March 11, 2024.

Primary uses authorized under the Land Act

3   Crown land in a Provincial forest, described in an agreement under the Range Act or described in a woodlot licence may be managed or used for any of the following purposes if carried out by the government or authorized in an instrument granted or issued under the Land Act:

 Section 3 (e) BEFORE amended by BC Reg 57/2024, effective March 11, 2024.

(e) commercial film production;

 Section 3 (h) (v) and (n) to (q) were added by BC Reg 57/2024, effective March 11, 2024.

 Section 7 (1) (l) was added by BC Reg 281/2009, effective November 27, 2009.

 Section 7 (1) (e.1), (m) and (n) were added by BC Reg 262/2018, effective December 10, 2018.

 Section 7 (1) (l) BEFORE repealed by BC Reg 262/2018, effective December 10, 2018.

(l) sequestration of carbon.

 Section 7 (1) BEFORE amended by BC Reg 57/2024, effective March 11, 2024.

(1) In addition to the purposes set out in section 2 of the Act or under this regulation, Crown land in a Provincial forest, described in an agreement under the Range Act or described in a woodlot licence may be managed or used for any of the following ancillary purposes if carried out by the government or authorized in a special use permit:

(a) construction and maintenance of a road, including construction and maintenance of bridges and other drainage structures;

(b) sand pits, gravel pits, rock quarries and other quarries that provide materials for road construction, modification or maintenance authorized under the Forest Act;

(c) a communications site;

(d) a logging camp and associated facilities, including a waste disposal site;

(e) a log dump or dry land sort;

(e.1) disposal of organic debris from a remote log dump or dry land sort;

(f) a temporary timber processing site;

(g) a lookout;

(h) a weather station;

(i) an airstrip, helipad or other air transportation landing site;

(j) educational or research purposes;

(k) weigh scales;

(l) Repealed. [B.C. Reg. 262/2018, Sch. 1, s. 2 (b).]

(m) silviculture treatments and associated facilities, including camps and waste disposal sites;

(n) wildlife habitat enhancement and associated facilities, including camps and waste disposal sites.

 Section 7 (1.1) and (1.2) were added by BC Reg 57/2024, effective March 11, 2024.

 Section 7 (1) BEFORE amended by BC Reg 223/2024, effective July 15, 2024.

(1) In addition to the purposes set out in section 2 of the Act and in this regulation, Crown land in a Provincial forest, Crown land described in an area-based licence as defined in section 1 (1) of the Forest Act or Crown range as defined in section 1 (1) of the Range Act may be managed or used for any of the purposes described in subsection (1.1) of this section if the purpose is carried out by the government or authorized in a special use permit.

 Section 8 BEFORE re-enacted by BC Reg 57/2024, effective March 11, 2024.

Application for special use permit

8   If a person wishes to

(a) use or manage, in a manner referred to in section 7 (1), a portion of Crown land described in an agreement under the Range Act or described in a woodlot licence, or

(b) use or manage, in a manner referred to in section 7, a portion of Crown land in a Provincial forest or wilderness area

and has not been authorized under another enactment to use or manage the portion of Crown land in that manner, the person may apply in writing to the district manager for a special use permit.

[en. B.C. Reg. 347/97, s. 4.]

 Section 9 (1) (b) (i) BEFORE amended by BC Reg 57/2024, effective March 11, 2024.

(i) the issuance of the special use permit would not impair the proper management and conservation of forest resources on Crown land in the Provincial forest, described in an agreement under the Range Act or described in a woodlot licence, and

 Section 9 (2.1) and (3) (c) were added by BC Reg 57/2024, effective March 11, 2024.

 Section 9 (4) BEFORE amended by BC Reg 57/2024, effective March 11, 2024.

(4) On expiry or cancellation of the special use permit, the remainder of the deposit must be returned to the holder of the permit.

 Section 9 (2.01) was added by BC Reg 62/2024, effective April 1, 2024.

 Section 9.1 was enacted by BC Reg 57/2024, effective March 11, 2024.

 Section 9.2 was enacted by BC Reg 57/2024, effective March 11, 2024.

 Section 12 BEFORE re-enacted by BC Reg 57/2024, effective March 11, 2024.

Replacement

12   On the expiry of a special use permit, the district manager may issue a replacement permit if the district manager is satisfied

(a) with the holder's performance of the conditions of the permit, and

(b) that the conditions set out in section 9 (1) (b) will still be met.

 Section 13 (1.1) was added by BC Reg 57/2024, effective March 11, 2024.

 Section 13 (1) BEFORE amended by BC Reg 223/2024, effective July 15, 2024.

(1) Subject to subsection (2), sections 76 and 77 of the Forest Act, except section 77 (5), apply to the cancellation or suspension of a special use permit.

 Section 13 (1.1) (part) BEFORE amended by BC Reg 223/2024, effective July 15, 2024.

(1.1) The minister may suspend or cancel a special use permit if any of the following applies:

 Section 14 was enacted by BC Reg 57/2024, effective March 11, 2024.

 Section 15 was enacted by BC Reg 57/2024, effective March 11, 2024.

 Section 16 was enacted by BC Reg 57/2024, effective March 11, 2024.

 Section 16 (3) was added by BC Reg 62/2024, effective April 1, 2024.

 Section 16 (2) BEFORE amended by BC Reg 223/2024, effective July 15, 2024.

(2) The minister may impose on the holder or former holder of a special use permit who enters onto Crown land for a purpose described in subsection (1) any condition that the minister considers necessary or desirable.

 Part 4, sections 17 to 20 were enacted by BC Reg 57/2024, effective March 11, 2024.