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This Act is current to July 14, 2024
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

Definitions

114   In this Part:

"eligible holder" means a person who has the right to harvest timber under a

(a) forest licence,

(b) timber licence,

(c) area-based licence,

(d) Christmas tree permit,

(e) timber sale licence, or

(f) forestry licence to cut;

"forest development plan" means a forest development plan under the Forest and Range Practices Act.

Issuance of road permit

115   (1) Subject to this Part and section 215, the minister or timber sales manager may, on application by an eligible holder, issue a road permit authorizing the holder to do one or both of the following for the purpose of accessing timber:

(a) construct a road on Crown land;

(b) maintain an existing road on Crown land, other than a forest service road.

(2) Without limiting the discretion of the minister or timber sales manager under subsection (1) to consider other matters, in deciding whether to issue a road permit, the minister or timber sales manager must consider all of the following:

(a) the impact that construction, maintenance or use of the road, as applicable, would have on

(i) the management and conservation of forest resources,

(ii) cultural heritage resources,

(iii) public health and safety,

(iv) if applicable, rights in relation to timber proposed to be cut under the road permit that are held by a person other than the applicant under an agreement entered into under this Act, and

(v) prescribed matters;

(b) in the case of an application for a road permit to construct a road,

(i) whether alternative means of accessing the relevant timber exist, and

(ii) the impact of those alternative means on the matters listed in paragraph (a).

(3) The duty of the minister or timber sales manager under section 117 to refuse to issue a road permit does not limit the discretion of the minister or timber sales manager under this section to refuse to issue a road permit.

Application for road permit

116   (1) An application made under section 115 must be submitted in the form and manner specified by the minister or timber sales manager.

(2) The minister or timber sales manager may require an applicant to include in an application for a road permit, at the applicant's expense,

(a) information, plans, studies or analyses that the minister or timber sales manager considers will assist in considering the matters referred to in section 115 (2), and

(b) any other information the minister or timber sales manager considers relevant to the application.

(3) The minister or timber sales manager may require that the information, plans, studies or analyses required under subsection (2) (a) of this section be prepared by a person with the qualifications specified by the minister or timber sales manager.

Mandatory refusal to issue road permit

117   (1) In this section, "road permit area", in relation to a proposed road permit, means the area of land to which the road permit would apply, if issued.

(2) The minister must refuse to issue a road permit if one or more of the following circumstances apply:

(a) the minister determines that, taking into account the prescribed matters, if any, issuance of the road permit would compromise a prescribed government objective;

(b) in the case of a road permit to construct a road, a circumstance set out in subsection (3);

(c) a prescribed circumstance.

(3) The circumstances for the purposes of subsection (2) (b) are as follows:

(a) the applicant does not hold a forest stewardship plan or woodlot licence plan, as required under the Forest and Range Practices Act, in relation to the road permit area;

(b) the applicant was required, under section 15.1 of the Forest and Range Practices Act, to prepare and make publicly available a forest operations map before applying for the road permit, and the minister considers that, taking into account the prescribed matters, if any,

(i) the applicant has not complied with section 15.1 of that Act, or

(ii) the location of the proposed road is inconsistent with the approximate locations of roads shown in the forest operations map.

Road permit content — general

118   (1) A road permit must

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

(b) include the prescribed terms and conditions, if any.

(2) A road permit authorizing the holder to construct a road must also authorize the holder to use, maintain and deactivate the road.

(3) A road permit authorizing the holder to maintain an existing road must also authorize the holder to use and deactivate the road.

(4) A road permit may do one or both of the following:

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

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

(i) manage and use the 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 constructing or maintaining the road, as applicable.

(5) A road permit associated with a timber sale licence may

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

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

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

(6) A road permit may include other terms and conditions that, subject to subsection (8), are consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts.

(7) The terms and conditions referred to in subsection (6) may include, without limitation, terms and conditions respecting one or more of the following:

(a) the storage of timber cut under the road permit;

(b) periods during which the holder may not carry out activities related to the construction, maintenance or deactivation of the road, including, without limitation, blasting activities;

(c) the manner in which the holder may carry out activities referred to in paragraph (b), either during specified periods or generally;

(d) vehicles, machinery or equipment that may not be used by the holder when constructing, maintaining, using or deactivating the road, either during specified periods or generally;

(e) periods during which the holder may not use the road;

(f) specified signage that is to be posted by the holder on the road.

(8) Terms and conditions included in a road permit may set requirements or restrictions that are more stringent than the requirements and restrictions that apply to the holder under this Act, the Forest and Range Practices Act, the Wildfire Act or any standards made under those Acts.

Repealed

118.1   [Repealed 2023-43-74.]

Road permit content — right to harvest timber in right-of-way

119   (1) In this section and in section 119.1, "roadway timber", in relation to a road authorized to be constructed under a road permit, means Crown timber that the minister is satisfied must be cut to construct the road.

(2) A road permit to construct a road must authorize the holder to harvest roadway timber if the roadway timber meets both of the following conditions:

(a) the roadway timber is located in an area described in subsection (3);

(b) no other person has the right to harvest the roadway timber under one or more of the following:

(i) a cutting permit;

(ii) a forestry licence to cut;

(iii) an area-based licence;

(iv) a timber licence.

(3) The areas for the purposes of subsection (2) (a) are as follows:

(a) a timber supply area specified in a forest licence held by the road permit holder;

(b) the licence area of an area-based licence or timber licence held by the road permit holder;

(c) in relation to a forestry licence to cut held by the road permit holder,

(i) an area of land described in the licence, and

(ii) a timber supply area in which the area referred to in subparagraph (i) is located;

(d) the area specified in a master licence to cut or occupant licence to cut held by a person other than the road permit holder.

(4) If a road permit authorizes the holder to harvest timber, the road permit must require the holder to pay to the government, in addition to other amounts payable under this Act,

(a) stumpage under Part 7, and

(b) 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.

Road permit content — right to cut timber in right-of-way

119.1   (1) In this section:

"encumbered roadway timber", in relation to a road permit to construct a road, means roadway timber that meets one or both of the following conditions:

(a) the roadway timber is not located in an area described in section 119 (3);

(b) a person other than the road permit holder has the right to harvest the roadway timber under a permit or licence referred to in section 119 (2) (b);

"underlying rights-holder", in relation to encumbered roadway timber, means a person who holds an agreement under this Act that grants rights with respect to the encumbered roadway timber.

(2) A road permit to construct a road

(a) must not grant to the holder the right to harvest encumbered roadway timber, and

(b) may grant to the holder the right to cut encumbered roadway timber.

(3) If a road permit grants to the holder the right to cut encumbered roadway timber,

(a) the road permit may require the road permit holder to pay to the government, in addition to other amounts payable under this Act, waste assessments for one or both of the following:

(i) merchantable Crown timber that could have been cut under the road permit but, at the road permit holder's discretion, is not cut;

(ii) merchantable Crown timber cut under the road permit that could have been stored in decks or piles but, at the road permit holder's discretion, is not stored in decks or piles, and

(b) an underlying rights-holder is relieved from any requirement under an agreement entered into under this Act to pay waste assessments in relation to timber described in paragraph (a) (i) and (ii).

(4) The conferral of the right to cut encumbered roadway timber under a road permit does not affect an obligation of an underlying rights-holder to pay stumpage to the government in relation to the encumbered roadway timber.

(5) For certainty, the rights of an underlying rights-holder with respect to encumbered roadway timber are subject to the right of a road permit holder to cut the encumbered roadway timber.

Volume cut under road permit deemed to be harvested under licence for cut control purposes

119.2   (1) This section applies to timber cut under a road permit if a person, other than the road permit holder, has the right to remove the timber under

(a) a cutting permit issued for a licence, as defined in a provision of Division 3.1 of Part 4, or

(b) a forestry licence to cut that does not require the holder to obtain a cutting permit before harvesting Crown timber under the licence.

(2) For the purposes of paragraph (a) of the definition of "volume of timber harvested" in section 75.1 (1) and the definition of "volume of timber harvested" in a licence referred to in section 75.11 (1), and despite the definition of "timber volumes" in section 75.1 (2), the amount of timber cut under a road permit is deemed to be harvested under the licence referred to in subsection (1) (a) or (b) of this section.

Deactivation of road

119.3   (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 the road permit expires or is surrendered;

(b) the date on which rights under the road permit that relate to the road expire or are surrendered;

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

(d) if the road permit is cancelled under section 77, the date of deactivation specified under section 77 (6).

Duty to comply with terms and conditions of road permit

119.4   The holder of a road permit must comply with the terms and conditions of the road permit.

Issuance of road use permit to eligible holder

119.5   The minister may, on application by an eligible holder, issue a road use permit authorizing the eligible holder to use a forest service road if the minister is satisfied that use of the road by the applicant will not

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

(b) compromise a forest stewardship plan, forest development plan or woodlot licence plan.

Issuance of road use permit for natural resource development purpose

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

(2) The minister may, on application by a person other than an eligible holder, issue a road use permit authorizing the person to use a forest service road for a natural resource development purpose if the minister is satisfied that use of the road under the permit 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, forest development plan or woodlot licence plan.

Road use permit content

119.7   (1) A road use permit must describe the forest service road that the holder is authorized to 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 issue 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 3.1 | 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 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19