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"Point in Time" Regulation Content

Wildfire Act

Wildfire Regulation

B.C. Reg. 38/2005

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 June 25, 2010
May 26, 2011
June 25, 2012
October 24, 2014
March 22, 2018
June 26, 2020
Section 4 June 9, 2011
Section 11 May 26, 2011
June 25, 2012
Section 12 May 26, 2011
Section 12.1 May 26, 2011
Section 12.2 June 25, 2012
Section 15 June 26, 2020
Section 19 June 26, 2020
Section 20 June 25, 2010
June 26, 2020
Section 21 June 26, 2020
Section 22 June 26, 2020
Section 23 June 26, 2020
Section 28 June 26, 2020
Section 29 June 26, 2020
Section 30 June 30, 2014
June 26, 2020
Section 31 June 26, 2020
Section 33 June 25, 2012
March 22, 2018
Section 34 March 22, 2018
Schedule 3 June 26, 2020
Schedule 4 June 24, 2019

 Section 1 (1) definition of "category 1 open fire" BEFORE repealed by BC Reg 206/2010, effective June 25, 2010.

"category 1 open fire" means an open fire that burns piled material no larger than 1m in height and 1 m in diameter and includes a campfire that burns such material;

 Section 1 (1) definition of "category 2 open fire" BEFORE amended by BC Reg 206/2010, effective June 25, 2010.

"category 2 open fire" means an open fire that

(a) burns material in one pile not exceeding 2 m in height and 3 m in width,

(b) burns material concurrently in 2 piles each not exceeding 2 m in height and 3 m in width, or

(c) burns stubble or grass over an area that does not exceed 0.2 ha;

 Section 1 (1) definition of "resource management open fire" paragraph (b) BEFORE amended by BC Reg 206/2010, effective June 25, 2010.

(b) is not a category 1, 2 or 3 open fire and is lit, fuelled or used for silviculture treatment, forest health management, wildlife habitat enhancement, fire hazard abatement, ecological restoration or range improvement;

 Section 1 (1) definition of "fire suppression system" BEFORE amended by BC Reg 96/2011, effective May 26, 2011.

"fire suppression system" means a system for suppressing fire by delivering

(a) water,

(b) a suppressant,

(c) a surfactant, or

(d) any combination of the substances listed in paragraphs (a) to (c)

and includes a water delivery system;

 Section 1 (1) definition of "qualified holder" was added by BC Reg 96/2011, effective June 9, 2011.

 Section 1 (1) definition of "fibre recovery tenure holder" was added by BC Reg 157/2012, effective June 25, 2012.

 Section 1 (1) definition of "qualified holder" BEFORE amended by BC Reg 190/2014, effective October 24, 2014.

(ii) is not in arrears under the Annual Rent Regulation for the annual rent payable respecting the agreement or licence;

 Section 1 (1) definition of "engine", paragraph (a) BEFORE amended by BC Reg 60/2018, effective March 22, 2018.

(a) an engine on or in a watercraft that is in the water,

 Section 1 (1) definition of "engine", paragraph (b) BEFORE repealed by BC Reg 60/2018, effective March 22, 2018.

(b) an engine in or on a vehicle primarily used for the transportation of people, or

 Section 1 (1) definition of "direct fire control cost" BEFORE amended by BC Reg 157/2020, effective June 26, 2020.

"direct fire control cost" means a cost of the government for fire control activities that is recoverable under section 25 (1) (a) or 27 (1) (b) of the Act;

 Section 1 (1) definition of "drought code value" BEFORE repealed by BC Reg 157/2020, effective June 26, 2020.

"drought code value" means the value of the drought code determined in accordance with the Canadian Forest Service's publication, the Canadian Forest Fire Weather Index System, as amended from time to time;

 Section 1 (1) definition of "qualified holder", paragraph (a) BEFORE amended by BC Reg 157/2020, effective June 26, 2020.

(a) who is a party to a cost sharing agreement or service agreement, as defined in section 28 of this regulation, or

 Section 1 (5) (c) BEFORE repealed by BC Reg 157/2020, effective June 26, 2020.

(c) drought code value exceeds 15.

 Section 4 (e) was added by BC Reg 104/2011, effective June 9, 2011.

 Section 11 (2) and (3) BEFORE amended by BC Reg 96/2011, effective May 26, 2011.

(2)  The prescribed intervals, at which persons described in section 7 (1) of the Act must conduct fire hazard assessments, are

(a) 3 month intervals during the period in which the persons are carrying on the industrial activity or the prescribed activity in an area inside, or within 2 km of, the boundaries of

(i)  a local government under paragraphs (d) to (f) of the definition of "local government" in section 1 of the Act, or

(ii)  a fire protection district in a regional district, and

(b) the shorter interval between the most recent 3 month interval and the date on which the activity ceases for an expected period of 3 months or more.

(3)  The prescribed intervals, at which persons described in section 7 (1) of the Act must conduct fire hazard assessments, are

(a) 6 month intervals during the period during which the persons, in any area other than the area described in subsection (2), are carrying on the industrial activity or the prescribed activity, and

(b) the shorter interval between the most recent 6 month interval and the date on which the activity ceases for an expected period of 6 months or more.

 Section 11 (3.1) was added by BC Reg 96/2011, effective June 9, 2011.

 Section 11 (5) was added by BC Reg 157/2012, effective June 25, 2012.

 Section 12 (1) BEFORE amended by BC Reg 96/2011, effective May 26, 2011.

(1)  The following periods are prescribed as the periods in which persons described in section 7 (2) of the Act must abate fire hazards of which the persons are aware:

(a) for an area described in section 11 (2) (a) of this regulation, each of the 6 month periods beginning on the dates on which the persons are required under section 7 (1) of the Act to conduct fire hazard assessments;

(b) for an area other than an area described in section 11 (2) (a) of this regulation, each of the 12 month periods beginning on the dates on which the persons are required under section 7 (1) of the Act to conduct fire hazard assessments.

 Section 12 (3) was added by BC Reg 96/2011, effective June 9, 2011.

 Section 12.1 was added by BC Reg 96/2011, effective May 26, 2011.

 Section 12.2 was added by BC Reg 157/2012, effective June 25, 2012.

 Section 15 (1) (e) BEFORE repealed by BC Reg 157/2020, effective June 26, 2020.

(e) foreseeable losses.

 Section 15 (3) was added by BC Reg 157/2020, effective June 26, 2020.

 Section 19 (3) BEFORE amended by BC Reg 157/2020, effective June 26, 2020.

(3) If an open fire referred to in subsection (1) becomes out of control, the person who lit, fueled or used the open fire

 Section 20 BEFORE amended by BC Reg 206/2010, effective June 25, 2010.

 Category 1 open fire

20  (1)  The circumstances in which a person described in section 5 (1) or 6 (1) of the Act may light, fuel or use a category 1 open fire in or within 1 km of forest land or grass land are as follows:

(a) the person is not prohibited from doing so under another enactment;

(b) to do so is safe and is likely to continue to be safe;

(c) the person takes reasonable precautions to ensure the fire is contained in the burn area;

(d) while the fire is burning the person ensures that the fire is watched and patrolled by a person to prevent the escape of fire and the person is equipped with at least one fire fighting hand tool;

(e) before leaving the area, the person ensures that the fire is extinguished.

(2)  Without limiting subsection (1), a person who lights, fuels or uses a category 1 open fire must ensure that the fire does not escape.

(3)  If a category 1 open fire spreads beyond the burn area or otherwise becomes out of control, the person who lit, fueled or used the open fire

(a) immediately must carry out fire control and extinguish the fire if practicable, and

(b) as soon as practicable must report the open fire as described in section 2 of the Act.

(4)  A person to whom subsection (3) applies may discontinue carrying out fire control if relieved from doing so by an official.

[am. B.C. Reg. 75/2006, s. 7.]

 Section 20 (3) BEFORE amended by BC Reg 157/2020, effective June 26, 2020.

(3) If a campfire spreads beyond the burn area or otherwise becomes out of control, the person who lit, fueled or used the campfire

 Section 21 (3) BEFORE amended by BC Reg 157/2020, effective June 26, 2020.

(3) If a category 2 open fire, lit, fueled or used in the circumstances set out in subsection (1), spreads beyond the burn area or otherwise becomes out of control, the person who lit, fueled or used the open fire must

 Section 22 (4) BEFORE amended by BC Reg 157/2020, effective June 26, 2020.

(4) If a category 3 open fire lit, fuelled or used in the circumstances set out in subsection (1) spreads beyond the burn area or otherwise becomes out of control, the person who lit, fueled or used the open fire must

 Section 23 (4) BEFORE amended by BC Reg 157/2020, effective June 26, 2020.

(4) If a resource management open fire spreads beyond the burn area or otherwise becomes out of control, the person who lit, fueled or used the fire

 Section 28 BEFORE re-enacted by BC Reg 157/2020, effective June 26, 2020.

Definitions

28   In section 29:

"cost sharing agreement" means an agreement between the government and a person in which

(a) the person agrees to pay to the government an amount of money, and

(b) the government agrees to either reduce or eliminate the costs it incurs in carrying out fire control in respect of a fire that is the responsibility of the person;

"service agreement" means an agreement between the government and a person in which

(a) the person agrees to pay to the government an amount of money, and

(b) subject to section 8 of the Act, the government agrees to

(i) carry out fire control services in respect of a fire that is the responsibility of the person, and

(ii) either reduce or not recover the government's costs determined under section 25 (1) (a) or 27 (1) (b) of the Act incurred in carrying out fire control for a fire that is the responsibility of the person.

 Section 29 (a) (i) BEFORE amended by BC Reg 157/2020, effective June 26, 2020.

(i) the person has entered into a cost sharing agreement or a service agreement with the government,

 Section 30 (b) (i) BEFORE repealed by BC Reg 137/2014, effective June 30, 2014.

(i) whether timber when damaged or destroyed was in

(A) the Coast forest region or the Kalum forest district, or

(B) elsewhere in British Columbia,

 Section 30 (b) (v) (A) BEFORE amended by BC Reg 157/2020, effective June 26, 2020.

(A) the species composition of the stand of the timber when the fire occurred, or

 Section 31 (1) (a) (vii) BEFORE amended by BC Reg 157/2020, effective June 26, 2020.

(vii) aircraft basing charges (preparedness) for contracted aircraft;

 Section 33 (2) (a) BEFORE amended by BC Reg 157/2012, effective June 25, 2012.

(a) $100 000 for the contravention of section 6 (1), (2) (a) or (b) or (3), 7 (2) or (4), 22 (1) or 56 (2), and

 Section 33 (1) (a) BEFORE amended by BC Reg 58/2018, effective March 22, 2018.

(a) $100 000 for the contravention of section 6 (2), (3) or (4), 9, 13 (1), 19 (2) or (3), 20 (2) or (3), 21 (2), (3), (5) or (6), 22 (3), (4), (6) or (7), 23 (3) or (4), 25 (2) or 26 (3), and

 Section 33 (2) (a) and (b) BEFORE amended by BC Reg 58/2018, effective March 22, 2018.

(a) $100 000 for the contravention of section 6 (1), (2) (a) or (b) or (3), 7 (2), (2.1) or (4), 22 (1) or 56 (2), and

(b) $10 000 for the contravention of section 2, 3 (1) or (2) (a) or (b), 5 (1) or (2) (a) or (b), 10 (3) or (4), 11 (2), 12 (2) (a) or (b), 13 (2) or 16 (2).

 Section 34 (1) BEFORE amended by BC Reg 58/2018, effective March 22, 2018.

(1) A person who contravenes section 6 (2), (3) or (4), 9, 10, 12 (2), 13 (1), 19 (2) or (3), 20 (2) or (3), 21 (2), (3), (5) or (6), 22 (3), (4), (6) or (7), 23 (3) or (4), 25 (2) or 26 (3) commits an offence and is liable on conviction to a fine not exceeding $100 000 or to imprisonment for not more than one year or to both.

 Schedule 3 BEFORE re-enacted by BC Reg 157/2020, effective June 26, 2020.

Schedule 3

[am. B.C. Reg. 206/2005, s. 16.]

Restrictions on High Risk Activities

(Section 6 (3))

Column 1
Fire Danger
Class (DGR)
Column 2
Restriction
Column 3
Duration
III (moderate)After 3 consecutive days of DGR III or greater, maintain a fire watcher after work for a minimum of one hourUntil after the fire danger class falls below DGR III
IV (high)Maintain a fire watcher after work for a minimum of 2 hoursUntil after the fire danger class falls below DGR III
After 3 consecutive days of DGR IV, cease activity between 1 p.m. PDT (Pacific Daylight Saving Time) and sunset each dayUntil after the fire danger class falls to DGR III for 2 consecutive days, or falls below DGR III
V (extreme)Cease activity between 1 p.m. PDT (Pacific Daylight Saving Time) and sunset each day and maintain a fire watcher after work for a minimum of 2 hoursUntil after the fire danger class falls below DGR IV for 2 or more consecutive days
After 3 consecutive days of DGR V, cease activity all dayUntil after the danger class falls below DGR V for 3 or more consecutive days, or falls below DGR IV

 Schedule 4 BEFORE re-enacted by BC Reg 143/2019, effective June 24, 2019.

Schedule 4

Rates of Compensation

(Sections 14 and 31)

CategoryType of AssistanceRate
1Emergency assistance — non-fire line positions (warehouse, clerical, administration, heli-base, camp, and kitchen staff).$13/hr
2Emergency Fire Fighter including Pump Operator, Cook, Equipment Swamper, Falling Spotter, Security Person, Radio Operator, and Class 5 Driver.$15/hr
3Crew Leader, Power Saw Operator (bucker), Time Recorder, Fire Patrol Person, Planning, Logistics, or Finance Assistant with computer skills, and Resource Tracking System Dispatcher.$17/hr
4Fire Warden, Field and Weather Observer, Unit Leader, Level 3 First Aid Attendant, Head Cook, Air Assistant, Infra-red Equipment Operator, and Class 1, 2, 3 or 4 Driver.$19/hr
5Incident Commander Type 4, Task Force Leader, Heli-base Manager, Warehouse Manager, Security Manager, Strike Team Leader, Line Scout (locator), Heavy Equipment Operator, and Technical Specialists (mapping, computer systems, fire behaviour, training, etc.).$20/hr
6Division Supervisor, Group Supervisor, Staging Area Manager, Camp Manager, Helicopter Coordinator (Rotary Wing Air Attack Officer), Safety Assistant, Liaison Assistant, and Information Assistant.$21/hr
7Incident Commander Type 3, Section Chief Type 2, Branch Director, Danger Tree Assessor, Safety Officer, Liaison Officer, Information Officer, Agency Representative, Risk Management Officer, and Rehabilitation Coordinator.$22/hr
8Incident Commander Type 2 (and Deputy), Section Chief Type 1 (and Deputy), Trade person with tools, and Danger Tree Assessment Coordinator.$23/hr
9Danger Tree Faller with personal protective equipment$32/hr
10Deputy Incident Commander Type 1, Coach/Mentor Type 1, and Faller Coordinator.$35/hr