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This Act is current to January 12, 2022
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Forest Act

[RSBC 1996] CHAPTER 157

Part 8 — Roads and Rights of Way

Definition

114   In this Part:

"forest development plan" has the same meaning as it has in the Forest and Range Practices Act;

"forest stewardship plan" has the same meaning as it has in the Forest and Range Practices Act.

Road permits and road use permits for timber harvesting

115   (1) A person who has the right to harvest timber under a forest licence, timber sale licence, timber licence, area-based licence, Christmas tree permit or forestry licence to cut may apply under this section to

(a) a person designated by the minister or timber sales manager for a road permit to

(i) construct a road on Crown land, or

(ii) maintain an existing road on Crown land, other than a forest service road, or

(b) a person designated by the minister for a road use permit to use a forest service road.

(2) Subject to section 81, the minister or timber sales manager must grant to an applicant under subsection (1) a road permit to construct a road on Crown land, if satisfied that the location of the proposed road is identified in a prescribed manner.

(3) Subject to section 81, the minister or timber sales manager must grant to an applicant under subsection (1) a road permit to maintain an existing road on Crown land, other than a forest service road, if

(a) at the time of the application there is no active road permit for the road, and

(b) the minister or timber sales manager is satisfied that use and maintenance of the road by that person will not compromise a forest stewardship plan or forest development plan.

(4) Subject to section 81, the minister must grant to an applicant under subsection (1) a road use permit to use a forest service road if the minister is satisfied that use of the road by that person will not adversely affect authorized users of the road, or compromise a forest stewardship plan or forest development plan.

(5) and (6) [Repealed 2021-37-16.]

Right to harvest Crown timber

116   Subject to section 81, the minister or timber sales manager, in a road permit granted to an applicant under section 115 (1) (a) to construct a road on Crown land, must grant the applicant the right to harvest Crown timber under the road permit if the minister or timber sales manager is satisfied the Crown timber must be harvested to construct the road.

Road use permits for natural resource development purposes

117   (0.1) In this section, "natural resource development purpose" has the same meaning as in section 21.1 of the Forest and Range Practices Act.

(1) A person, other than a person referred to in section 115 (1), who wishes to use a forest service road for an natural resource development purpose, may apply under this section to a person designated by the minister for a road use permit.

(2) The minister may grant to an applicant under subsection (1) a road use permit to use a forest service road if the minister is satisfied that use of the road by that person for that natural resource development purpose will not

(a) cause inordinate disturbance to the natural environment,

(b) adversely affect authorized users of the road, or

(c) compromise a forest stewardship plan or forest development plan.

Road permit content

118   (1) A road permit must do the following:

(a) describe the location of the road that is or will be subject to the road permit;

(b) authorize the holder to use, maintain and deactivate the road;

(c) if the road permit is granted under section 115 (2), authorize the holder to construct the road;

(d) if the road permit grants the right to harvest Crown timber, require the holder to pay to the government, in addition to other amounts payable under this Act,

(i) stumpage under Part 7, and

(ii) waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the road permit but, at the holder's discretion, is not cut and removed.

(1.1) A road permit may do one or more of the following:

(a) authorize the holder to, on Crown land that is in a Provincial forest and is in the right of way of the road,

(i) manage and use that land for sand pits, gravel pits, rock quarries or other quarries that are in the right of way, and

(ii) use the materials in the pits and quarries referred to in subparagraph (i) for maintaining the road or, if applicable, constructing the road;

(b) specify the date by which the road must be deactivated;

(c) include other terms and conditions that are consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts.

(2) A road permit associated with a timber sale licence may include provisions

(a) specifying standards and programs established by one or more standard making bodies,

(b) requiring the holder of the permit to meet the standards and programs specified under paragraph (a), and

(c) specifying the manner in which the holder of the permit must conduct operations under the permit in order to meet the standards and programs specified under paragraph (a).

Deactivation of roads authorized under road permits

118.1   (1) In this section, "deactivate", in relation to a road, means to deactivate the road in accordance with the requirements under the Forest and Range Practices Act that apply to the deactivation of the road.

(2) Except in prescribed circumstances, the holder of a road permit must deactivate a road authorized under the road permit by the earliest of the following:

(a) the date on which

(i) the road permit expires or is surrendered, or

(ii) rights under the road permit that relate to the road expire or are surrendered;

(b) the date of deactivation specified in the road permit;

(c) the date of deactivation specified by the minister under section 77 (6) on cancelling the road permit.

Road use permit content

119   (1) A road use permit must describe the forest service road that the holder may use.

(2) A road use permit may include terms and conditions that are consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts.

Repealed

120   [Repealed 2003-32-23.]

Declaration of forest service road

120.1   (1) The minister may declare a road on Crown land to be a forest service road if any of the following applies:

(a) the road is the subject of a road permit;

(b) the road is a forest resource road within the meaning of section 21.1 of the Forest and Range Practices Act;

(c) the road is constructed or maintained by the minister under section 121 (1) of this Act, or is on private land taken by the minister under that section;

(d) the road is on land dedicated to the government under section 121 (8) of this Act.

(2) If a road referred to in subsection (1) (a) is declared to be a forest service road, the minister must grant a road use permit in relation to the road to the holder of the road permit.

Road and trail construction

121   (1) The minister, for the purpose of providing access to timber or for any other purpose consistent with this Act, the Forest and Range Practices Act or the Wildfire Act may do one or more of the following:

(a) construct and maintain roads and trails;

(b) enter on and take possession of private land, and of roads and trails on private land;

(c) enter on private land and take from it timber, stones, gravel, sand, clay or other materials for the purpose of constructing roads and trails;

(d) construct, take possession of and use temporarily roads for the purposes of paragraph (c);

(e) enter on private land and construct and maintain on it drains to carry water from a road;

(f) enter into an agreement with an owner of land, under section 3 (1) of the Expropriation Act or otherwise, that provides for the dedication of the land, in accordance with subsection (8) of this section, to the government for use as a road.

(2) If private land is taken under subsection (1) (b) and, as a result of the taking, the total area in the original grant of the private land from the government or Her Majesty in right of Canada, that is taken by the government

(a) [Repealed 2004-44-105.]

(b) under this Act

since the date of the original grant from the government or Her Majesty in right of Canada, exceeds 5% of the total area in the original grant, the government must pay compensation in respect of the area exceeding 5%.

(3) If, since the date of the government grant, private land taken under subsection (1) has been subdivided into 2 or more parcels by a registered conveyance or subdivision plan,

(a) the area of a parcel that may be taken without compensation must not exceed 5% of the area of the parcel, and

(b) the total area to be taken without compensation must be apportioned among all parcels, portions of which are taken at the same time, in proportion to the area taken from each.

(4) The government must pay compensation in respect of improvements on all private land taken under subsection (1).

(5) If land is expropriated under subsection (1), the Expropriation Act applies.

(6) [Repealed 2004-44-105.]

(7) [Repealed 2021-37-23.]

(8) If the minister enters into an agreement under subsection (1) (f) with an owner of land, the minister may, for the purposes of causing the land to be dedicated to the government under section 107 of the Land Title Act, deposit in the land title office a reference plan or explanatory plan that shows the portion of land subject to the agreement as a road and, in that event, section 107 (1) (c), (d) and (e) and (3) of the Land Title Act applies to that portion of land.

(9) The minister

(a) may, by notice in the form established under paragraph (a.1) and published or broadcast, or both, in the manner the minister considers appropriate, discontinue and close a right of way or forest service road or a part of either, in which event the right of way or forest service road or the part is discontinued and closed,

(i) if the notice specifies the date on which and the time at which the discontinuance and closure become effective, on that specified date and at that specified time,

(ii) if the notice specifies the date on which but not the time at which the discontinuance and closure become effective, at the beginning of that specified date, or

(iii) if the notice specifies neither the date on which nor the time at which the discontinuance and closure become effective, at the beginning of the day following the day on which the first of such publications or broadcasts occurred,

(a.1) may establish a form of notice for the purposes of paragraph (a),

(b) may limit a discontinuance and closure under paragraph (a) to a specified period,

(c) may assign a right of way or forest service road or a part of either to the minister responsible for the administration of the Transportation Act, and

(d) in the case of a discontinuance or closure not limited to a specified period, may dispose of any land that was comprised in the right of way or forest service road to

(i) an owner of the land of which the right of way or forest service road originally formed part, or

(ii) an owner of land adjoining that land.

Contents | Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 6.1 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 11.1 | Part 12 | Part 13 | Part 14