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This Act is current to May 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 15 — Special Purpose Areas

Division 1 — Definitions for Part 15

Definitions for Part 15

180   In this Part:

"access purpose" means the use of Crown land for any of the following:

(a) access to Crown timber;

(b) a right of way for a highway, pipeline or power transmission;

(c) access to water storage;

"ancillary road structure" means any of the following structures, whether moveable or non-moveable, located on Crown land:

(a) a bridge, culvert or gate;

(b) livestock fencing;

(c) a prescribed structure;

"authorized official", in relation to an agreement, licence or permit referred to in this Part, means a person who has authority under this Act or the Forest Practices Code of British Columbia Act to enter into, issue or amend the agreement, licence or permit;

"construct" includes reconstruct, reactivate, upgrade or replace;

"information" includes a record;

"non-TFL timber licence" means a timber licence that has a licence area that is not in the licence area of a tree farm licence;

"non-timber production purpose" means the use of Crown land for a purpose other than the following:

(a) a timber production purpose;

(b) an access purpose;

(c) a purpose referred to in section 182 [designation for first nation purpose, BCTS licence purpose or community forest agreement purpose];

"profile of timber", in relation to a licence area or timber supply area, means the composition of timber in the area, having regard to the following factors:

(a) the types of timber in the area;

(b) the types of terrain in the area;

(c) other factors that the chief forester considers relevant;

"road" means a road or a portion of a road;

"timber production improvement" means an improvement that is for a timber production purpose but does not include the following:

(a) a road or ancillary road structure;

(b) a prescribed improvement;

"timber production purpose" means the use of land for purposes ancillary to timber production, including the use of land for the following:

(a) a logging camp;

(b) a log dump or dry land sort;

(c) a temporary timber processing site;

(d) an airstrip, helipad or other landing site for aircraft used for timber harvesting or transporting timber;

(e) a facility ancillary to timber production;

(f) a prescribed purpose;

"volume-based portion", in relation to a timber supply area, means the portion of the timber supply area for which the chief forester is required to make an allowable annual cut determination under section 8 (1) (a) [allowable annual cut].

Division 2 — Designation of Special Purpose Areas

Designation for access purpose or non-timber production purpose

181   The Lieutenant Governor in Council may, by regulation, designate an area of Crown land as a special purpose area so that the Crown land may be used for one of the following purposes:

(a) an access purpose;

(b) a non-timber production purpose.

Designation for first nation purpose, BCTS licence purpose or community forest agreement purpose

182   (1) The Lieutenant Governor in Council may, by regulation, designate an area of Crown land as a special purpose area so that Crown land or timber may be used for any one or more of the purposes referred to in this section.

(2) An area of Crown land may be designated as a special purpose area for any of the following first nation purposes:

(a) disposing of a fee simple interest in Crown land to a first nation to implement or further an agreement between the first nation and the government respecting treaty-related measures, interim measures or economic measures;

(b) entering into one or more of the following with a first nation or its representative:

(i) a community forest agreement under section 43.51 (1) (a) [direct award of community forest agreements];

(ii) a first nations woodland licence;

(iii) a woodlot licence under section 47.3 (1) (a) [direct award of specified licences];

(iv) a forest licence under section 47.3 (1) (a);

(c) increasing the licence area or allowable annual cut of one or more agreements or licences referred to in paragraph (b).

(3) An area of Crown land may be designated as a special purpose area for the purposes of entering into one or more BCTS licences.

(4) An area of Crown land may be designated as a special purpose area for either of the following purposes:

(a) entering into one or more community forest agreements under

(i) section 43.2 [applications for community forest agreements], or

(ii) section 43.51 (1) (b);

(b) increasing the licence area or allowable annual cut of one or more community forest agreements referred to in paragraph (a) of this subsection.

Purpose and cancellation date of designation

183   (1) A regulation that designates an area of Crown land as a special purpose area must specify the following:

(a) the purpose or purposes of the special purpose area;

(b) the date the designation is cancelled.

(2) Subject to section 184, the date specified under subsection (1) (b) must not be more than 3 years after the effective date of the designation, but the designation may be cancelled before that specified date.

Limits on power to extend designation

184   (1) In this section, "original cancellation date", in relation to the designation of an area as a special purpose area, means the cancellation date of the designation as at the effective date of the designation.

(2) The Lieutenant Governor in Council's power to amend the original cancellation date by specifying a later cancellation date for the designation of an area as a special purpose area is restricted as follows:

(a) the amendment may be made only once;

(b) the amendment may not be made earlier than one year before the original cancellation date;

(c) the later cancellation date may not be more than 3 years after the original cancellation date.

Division 3 — Impacts and Restrictions on Area-Based Licences and Timber Licences

Impacts on harvest profile and AAC of area-based licence

185   (1) If an area designated as a special purpose area overlaps the licence area of an area-based licence, the chief forester must do all of the following:

(a) specify the harvest profile for the licence area by identifying the components of the profile of timber that the chief forester considers could be harvested to support the allowable annual cut for the licence area as at the effective date of the designation;

(b) determine the amount by which the allowable annual cut for the licence area will be reduced, if at all, when Crown land is deleted from the licence area under

(i) section 189 [deletion of licence area from area-based licence or timber licence],

(ii) section 190 [order for early deletion of licence area], or

(iii) section 191 [order to extend deletion if special purpose area overlaps cutting permit area];

(c) if a reduction is determined under paragraph (b), specify the adjusted allowable annual cut that results from that reduction;

(d) specify the new harvest profile for the licence area by identifying the components of the profile of timber that the chief forester considers could be harvested to support the allowable annual cut for the licence area after the effective date of the reduction and deletion referred to in paragraph (b);

(e) specify the harvest profile that will be impacted, if at all, as a result of the reduction and deletion referred to in paragraph (b) by identifying the differences between the harvest profile specified under paragraph (a) and the new harvest profile specified under paragraph (d).

(2) The matters set out in subsection (1) must be specified and determined within 4 months after the effective date of the designation referred to in that subsection or, if an extension is granted under section 187 (4) [request for information by chief forester], within 5 months after that effective date.

(3) For certainty, if the licence area of a timber licence is in the licence area of a tree farm licence, the tree farm licence area includes, for the purposes of specifying and determining the matters set out in subsection (1), the licence area of the timber licence.

Impacts on non-TFL timber licence

186   (1) If an area designated as a special purpose area overlaps the licence area of a non-TFL timber licence, the chief forester must do all of the following:

(a) specify the harvest profile for the area of overlap by identifying the components of the profile of timber that the chief forester considers could be harvested in that area of overlap as at the effective date of the designation;

(b) determine the number of hectares in the area of overlap;

(c) determine the average volume of timber, per hectare, that the chief forester considers could be harvested from the harvest profile in the area of overlap were the area of overlap not subject to deletion under

(i) section 189 [deletion of licence area from area-based licence or timber licence],

(ii) section 190 [order for early deletion of licence area], or

(iii) section 191 [order to extend deletion if special purpose area overlaps cutting permit area].

(2) If the cutting permit area of a cutting permit issued for the non-TFL timber licence is in the area of overlap referred to in subsection (1), the chief forester must exclude that cutting permit area from that area of overlap for the purposes of specifying and determining the matters set out in that subsection.

(3) The matters set out in subsection (1) must be specified and determined within 4 months after the effective date of the designation referred to in that subsection or, if an extension is granted under section 187 (4) [request for information by chief forester], within 5 months after that effective date.

Request for information by chief forester

187   (1) For the purposes of specifying and determining the matters set out in section 185 (1) [impacts on harvest profile and AAC of area-based licence], the chief forester may, by written request served on the holder of an area-based licence, require the holder to provide the following information:

(a) the approved management plan for the licence;

(b) information used or obtained in preparing the approved management plan for the licence;

(c) information used or included in the holder's inventory of a forest resource, as prepared and maintained under Part 6.1 [Forest Resource Inventories];

(d) other information that the chief forester may specify.

(2) For the purposes of specifying and determining the matters set out in section 186 (1) [impacts on non-TFL timber licence], the chief forester may, by written request served on the holder of a non-TFL timber licence, require the holder to provide the information specified in the request.

(3) Information requested under subsection (1) or (2) must be provided in the form and manner and within the time period specified by the chief forester.

(4) The chief forester may grant an exemption, or an extension of not more than 30 days, to the holder of an area-based licence or non-TFL timber licence if the chief forester is satisfied that

(a) some or all of the information requested from the holder is not available to the holder, or

(b) the holder cannot reasonably provide or obtain the requested information within the time period specified in the request.

(5) The chief forester must specify and determine the matters set out in sections 185 (1) and 186 (1) in respect of an area-based licence or non-TFL timber licence regardless of whether the holder of the licence complies with a request for information under this section.

Notice to holder of area-based licence or non-TFL timber licence

188   As soon as practicable after the matters set out in section 185 (1) [impacts on harvest profile and AAC of area-based licence] or 186 (1) [impacts on non-TFL timber licence] are specified and determined in relation to the licence area of an area-based licence or non-TFL timber licence, the minister must serve notice of those matters on the holder of the licence.

Deletion of licence area from area-based licence or timber licence

189   Subject to an order under section 190 [order for early deletion of licence area] or 191 [order to extend deletion if special purpose area overlaps cutting permit area], if an area designated as a special purpose area overlaps the licence area of an area-based licence or timber licence, the Crown land in the area of overlap is deleted from the licence area on the date that is one year after the effective date of the designation.

Order for early deletion of licence area

190   (1) If an area designated as a special purpose area overlaps the licence area of an area-based licence or timber licence, the minister may, by order, specify a deletion date that is earlier than one year after, but not earlier than 2 months after, the effective date of the designation.

(2) By no later than 2 months before the effective date of an order under subsection (1), the minister must serve notice of the order on the holder of the licence to which the order relates.

(3) If a deletion date is specified by an order under subsection (1), the Crown land is deleted from the licence area of the area-based licence or timber licence on the date specified in the order.

Order to extend deletion if special purpose area overlaps cutting permit area

191   (1) The minister may, by order, specify a deletion date that is later than the deletion date under section 189 [deletion of licence area from area-based licence or timber licence] if the following requirements are met in relation to a cutting permit issued for an area-based licence or timber licence:

(a) an area designated as a special purpose area overlaps the cutting permit area;

(b) timber harvesting in the area of overlap has not been completed;

(c) the cutting permit was issued before the effective date of the designation;

(d) the minister considers that the exercise of harvesting rights in the area of overlap will not significantly interfere with the purpose or purposes of the special purpose area.

(2) An order under subsection (1) must not specify a deletion date that is later than the expiry date of the cutting permit referred to in that subsection.

(3) If a deletion date is specified by an order under subsection (1), the Crown land is deleted from the licence area of the area-based licence or timber licence on the date specified in the order.

Cancellation of area-based licence or timber licence if entire licence area deleted

192   The minister may cancel an area-based licence or timber licence if the entire licence area of the licence is deleted under

(a) section 189 [deletion of licence area from area-based licence or timber licence],

(b) an order under section 190 (1) [order for early deletion of licence area], or

(c) an order under section 191 (1) [order to extend deletion if special purpose area overlaps cutting permit area].

Effective date of AAC reduction for area-based licence

193   (1) If the chief forester determines a reduction under section 185 (1) (b) [impacts on harvest profile and AAC of area-based licence] to the allowable annual cut for the licence area of an area-based licence, the reduction and the adjusted allowable annual cut specified under section 185 (1) (c) take effect on the date that Crown land is deleted under this Division from the licence area.

(2) When a reduction to the allowable annual cut of an area-based licence takes effect, the licence is deemed to be amended to reflect the reduction.

Deletion of cutting permit area within licence area

194   (1) On the date that Crown land is deleted under this Division from the licence area of an area-based licence or timber licence, the Crown land is also deleted from the cutting permit area of any cutting permit issued for the licence.

(2) If the entire cutting permit area of a cutting permit is deleted under subsection (1), the minister may cancel the cutting permit.

Deemed amendment to affected agreement or cutting permit

195   (1) If Crown land is deleted under this Division from the licence area of an area-based licence or timber licence, the licence is deemed to be amended to reflect the deletion.

(2) If Crown land is deleted under section 194 [deletion of cutting permit area within licence area] from the cutting permit area of a cutting permit, the cutting permit is deemed to be amended to reflect the deletion.

Order to suspend rights under area-based licence or timber licence

196   (1) If a special purpose area overlaps the licence area of an area-based licence or timber licence, the minister may, by order, suspend rights under the licence that relate to the area of overlap.

(2) If the minister is authorized under subsection (1) to suspend rights under a licence for which a cutting permit has been issued, the minister may suspend rights under the licence, the cutting permit or both.

Restriction on entering into or amending area-based licence or timber licence

197   (1) Except as authorized under subsection (2), an authorized official must not enter into an area-based licence or timber licence if the licence area would overlap a special purpose area.

(2) An authorized official may enter into an area-based licence or timber licence that overlaps a special purpose area if the area-based licence or timber licence is a replacement for another licence.

(3) An authorized official must not amend the licence area of an area-based licence or timber licence if the amendment would result in a new area of overlap between the licence area and a special purpose area.

Division 4 — Impacts and Restrictions on Forest Licences

Definitions for Division 4 of Part 15

198   In this Division:

"AAC available for BCTS licences", in relation to a timber supply area, means the allowable annual cut that is available for granting under BCTS licences in the timber supply area, as specified by the minister under section 10 (1) [apportioning cut];

"AAC reduction for the timber supply area", in relation to a timber supply area, means a reduction to the allowable annual cut for the volume-based portion of the timber supply area, as determined by the chief forester under section 199 (1) (b) [impacts on harvest profile and AAC of timber supply area];

"BCTS licence purpose", in relation to the designation of an area as a special purpose area, means a designation made for a purpose described in section 182 (3) [designation for first nation purpose, BCTS licence purpose or community forest agreement purpose].

Impacts on harvest profile and AAC of timber supply area

199   (1) If an area designated as a special purpose area overlaps the volume-based portion of a timber supply area, the chief forester must do all of the following:

(a) specify the harvest profile for the volume-based portion by identifying the components of the profile of timber that the chief forester considers could be harvested to support the allowable annual cut for that volume-based portion as at the effective date of the designation;

(b) determine the amount by which the allowable annual cut for the volume-based portion would be reduced, if at all, were the area of overlap required to be removed from that volume-based portion;

(c) if a reduction is determined under paragraph (b), specify the adjusted allowable annual cut for the volume-based portion that results from that reduction;

(d) specify the new harvest profile for the volume-based portion by identifying the components of the profile of timber that the chief forester considers could be harvested to support the allowable annual cut for that volume-based portion after the effective date of the reduction referred to in paragraph (b);

(e) specify the harvest profile that will be impacted, if at all, as a result of the reduction referred to in paragraph (b) by identifying the differences between the harvest profile specified under paragraph (a) and the new harvest profile specified under paragraph (d).

(2) The matters set out in subsection (1) must be specified and determined within 4 months after the effective date of the designation referred to in that subsection.

Notice to holders of forest licences

200   (1) Within 30 days after the matters set out in section 199 (1) [impacts on harvest profile and AAC of timber supply area] are specified and determined in relation to the volume-based portion of a timber supply area, the minister must serve notice of those matters on the holder of each forest licence in that volume-based portion.

(2) In the notice under subsection (1), the minister may specify a website maintained by or on behalf of the government where the holder may obtain the harvest profiles specified under section 199 (1) (a), (d) and (e).

Effective date of AAC reduction for timber supply area

201   If the chief forester determines a reduction under section 199 (1) (b) [impacts on harvest profile and AAC of timber supply area] for the volume-based portion of a timber supply area, the reduction and the adjusted allowable annual cut specified under section 199 (1) (c) take effect 40 days after that determination.

Reduction to forest licences following designation as special purpose area

202   (1) The minister must make reductions under this section to the allowable annual cuts of forest licences in a timber supply area if

(a) a portion of an area designated as a special purpose area overlaps the timber supply area, and

(b) the chief forester determines an AAC reduction for the timber supply area.

(2) If the designation referred to in subsection (1) (a) is made for a purpose other than a BCTS licence purpose, the minister must do both of the following:

(a) determine how much of the AAC reduction for the timber supply area is to be applied to the AAC available for BCTS licences by using the formula set out in section 203 [reduction to AAC available for BCTS licences];

(b) reduce the allowable annual cuts of the forest licences in the timber supply area in accordance with the method set out in section 204 [method of reduction if designation made other than for BCTS licence purpose].

(3) If the designation referred to in subsection (1) (a) is made for a BCTS licence purpose, the minister must reduce the allowable annual cuts of the forest licences in the timber supply area by distributing the AAC reduction for the timber supply area among the forest licences in accordance with section 63 (2) (b), (c) and (d) [reduction among licences in timber supply area].

(4) The minister's determination under subsection (2) (a)

(a) must be made within 40 days after the chief forester determines the AAC reduction for the timber supply area, and

(b) takes effect 40 days after the chief forester's determination.

(5) The reduction under subsection (2) (b) or (3) must be made, and the notice required under section 205 [notice and effective date of reductions to forest licences] must be given, within 3 months after the chief forester determines the AAC reduction for the timber supply area.

(6) The reduction to the allowable annual cuts of forest licences in the volume-based portion of a timber supply area must not exceed the following amounts:

(a) in the case of a reduction under subsection (2) (b), the amount of the AAC reduction for the timber supply area, less the amount applied under subsection (2) (a) to the AAC available for BCTS licences;

(b) in the case of a reduction under subsection (3), the amount of the AAC reduction for the timber supply area.

Reduction to AAC available for BCTS licences

203   The formula for the purposes of section 202 (2) (a) [reduction to forest licences following designation as special purpose area] is as follows:

BCTS reduction = AAC reduction for TSA ×AAC available for BCTS licences

AAC for TSA
where
AAC reduction for TSA=the AAC reduction for the timber supply area;
AAC available for BCTS licences=the AAC available for BCTS licences in the timber supply area as at the effective date of the designation referred to in section 202 (1) (a);
AAC for TSA=the allowable annual cut for the timber supply area as at the effective date of the designation referred to in section 202 (1) (a).

Method of reduction if designation made other than for BCTS licence purpose

204   The method for the purposes of section 202 (2) (b) [reduction to forest licences following designation as special purpose area] is as follows:

(a) determine how much of the AAC reduction for the timber supply area is to be distributed among forest licences in the timber supply area by using the following formula:

forest licence reduction = AAC reduction for TSA − BCTS reduction
where
AAC reduction for TSA=the AAC reduction for the timber supply area;
BCTS reduction=the amount of the AAC reduction for the timber supply area that is to be applied to the AAC available for BCTS licences, as determined under section 202 (2) (a);

(b) distribute the amount determined under paragraph (a) among the forest licences in accordance with section 63 (2) (b), (c) and (d) [reduction among licences in timber supply area].

Notice and effective date of reductions to forest licences

205   (1) If a reduction is made under section 202 [reduction to forest licences following designation as special purpose area] to the allowable annual cut of a forest licence, the minister must serve notice of the reduction on the holder of the forest licence.

(2) A reduction made under this Division to the allowable annual cut of a forest licence takes effect on the date that notice under subsection (1) is served on the holder of the forest licence.

(3) When a reduction to the allowable annual cut of a forest licence takes effect, the licence is deemed to be amended to reflect the reduction.

Order to amend, suspend or cancel rights under cutting permit under forest licence

206   (1) If a special purpose area overlaps the cutting permit area of a cutting permit issued for a forest licence, the minister may, by order, do any of the following:

(a) amend the cutting permit;

(b) suspend rights under the cutting permit;

(c) cancel rights under the cutting permit.

(2) In deciding whether to make an order under this section, the minister must consider the following:

(a) whether the exercise of rights under the cutting permit would significantly interfere with the purpose or purposes of the special purpose area;

(b) other factors the minister considers relevant.

Restriction on entering into or amending certain forest licences

207   (1) If a special purpose area overlaps a portion of a timber supply area, an authorized official must not enter into a forest licence that would, under section 14 (1) (b.1) [content of forest licence], restrict timber harvesting to the portion of the timber supply area.

(2) Subsection (1) does not apply if the forest licence is a replacement for another licence that, under section 14 (1) (b.1), restricts timber harvesting to the portion of the timber supply area.

(3) An authorized official must not amend a forest licence if, as a result of the amendment, the forest licence would restrict timber harvesting to a portion of a timber supply area that overlaps a special purpose area.

Division 5 — Impacts and Restrictions on Certain Other Licences and Permits

Order to amend, suspend or cancel rights under certain other licences or permits

208   (1) In this section:

"licence" means any of the following:

(a) a forestry licence to cut;

(b) a fibre supply licence to cut;

(c) a timber sale licence;

(d) a pulpwood agreement;

"permit" means any of the following:

(a) a free use permit;

(b) a Christmas tree permit;

(c) a cutting permit issued for a forestry licence to cut;

(d) a fibre recovery permit.

(2) Subject to subsection (4), if rights under a licence or permit are exercisable in a special purpose area, the minister may, by order, do any of the following:

(a) amend the licence or permit as it relates to the rights;

(b) suspend the rights;

(c) cancel the rights.

(3) In deciding whether to make an order under this section, the minister must consider the following:

(a) whether the exercise of rights under the licence or permit would significantly interfere with the purpose or purposes of the special purpose area;

(b) the nature and extent of rights under the licence or permit that are authorized to be exercised in the special purpose area;

(c) other factors the minister considers relevant.

(4) The minister may not make an order under this section in respect of a free use permit entered into with any of the following persons:

(a) a person who requires Crown timber for the purpose of scientific investigation, as referred to in section 48 (1) (d) [free use permit];

(b) a person who requires Crown timber for a traditional and cultural activity, as referred to in section 48 (1) (g);

(c) a treaty first nation referred to in section 48 (1) (h).

(5) For certainty, a forestry licence to cut includes a forestry licence to cut issued under a pulpwood agreement.

Restriction on entering into or amending certain other licences or permits

209   (1) Except as authorized under subsection (2), an authorized official must not enter into or issue any of the following licences or permits if the licence or permit would grant rights exercisable in a special purpose area:

(a) a forestry licence to cut;

(b) a fibre supply licence to cut or fibre recovery permit;

(c) a free use permit;

(d) a Christmas tree permit;

(e) a timber sale licence;

(f) a cutting permit for a forest licence, timber licence, area-based licence or forestry licence to cut.

(2) An authorized official may enter into or issue a licence or permit that grants rights exercisable in a special purpose area if the licence or permit is one of the following:

(a) a forestry licence to cut entered into for any of the following purposes:

(i) preventing or suppressing forest fires;

(ii) protecting forest health, including pest management;

(iii) protecting public health or safety;

(b) a free use permit entered into with a person referred to in section 208 (4) (a), (b) or (c) [order to amend, suspend or cancel rights under certain other licences or permits];

(c) a cutting permit issued for a forestry licence to cut referred to in paragraph (a).

(3) An authorized official must not amend any of the following licences, permits or agreements if, as a result of the amendment, the licence, permit or agreement would grant rights exercisable in a special purpose area:

(a) a forestry licence to cut, other than a forestry licence referred to in subsection (2) (a);

(b) a free use permit, other than a free use permit referred to in subsection (2) (b);

(c) a Christmas tree permit;

(d) a timber sale licence;

(e) a cutting permit issued for a forest licence, timber licence, area-based licence or forestry licence to cut, other than a cutting permit referred to in subsection (2) (c);

(f) a pulpwood agreement.

(4) For certainty, a forestry licence to cut includes a forestry licence to cut issued under a pulpwood agreement.

Division 6 — Impacts and Restrictions on Roads, Ancillary Road Structures and Improvements

Application of Division 6 of Part 15 to road authorized under special use permit or master licence to cut

210   (1) This Division applies in relation to a road authorized under a special use permit only if the road provides access to an area for a timber production purpose.

(2) This Division does not apply in relation to a road authorized under

(a) a master licence to cut, or

(b) a cutting permit issued for a master licence to cut.

Order to deactivate road

211   (1) The minister may make an order under this section if either of the following applies in relation to a road:

(a) the road is authorized under an agreement listed in section 12 [form of agreements], or under a special use permit, and is located in a special purpose area;

(b) the road is authorized under a road permit or special use permit and compensation in relation to the road has been provided under Division 6 [Compensation for Roads and Timber Production Improvements] of Part 16 [Compensation in Relation to Special Purpose Areas].

(2) If a road described in subsection (1) (a) or (b) is authorized under an agreement or permit referred to in that subsection, the minister may, by order, do any of the following:

(a) require the holder of the agreement or permit to deactivate the road;

(b) exempt the holder from a requirement under this Act or the Forest and Range Practices Act respecting deactivation of the road;

(c) impose conditions with respect to an exemption under paragraph (b).

(3) Subject to an exemption set out in an order under this section, the applicable requirements under the Forest and Range Practices Act respecting deactivation apply in relation to the road that is subject to the order.

Government deactivation of road

212   (1) If a road described in section 211 (1) (a) or (b) is authorized under an agreement or permit referred to in that section, the minister may enter into, with the holder of the agreement or permit, a written agreement under which

(a) the government agrees to deactivate the road, and

(b) the holder agrees to pay to the government, in accordance with the agreement, the costs incurred by the government in respect of the deactivation.

(2) The minister may not enter into an agreement under this section respecting the deactivation of a road if the minister has made an order under section 211 [order to deactivate road] in relation to the road.

Order to amend, suspend or cancel rights in relation to road

213   (1) If a road authorized under a road permit or special use permit is located in a special purpose area, the minister may, by order, do any of the following:

(a) amend the permit;

(b) suspend rights under the permit;

(c) cancel rights under the permit.

(2) In deciding whether to make an order under this section, the minister must consider the following:

(a) whether the road significantly interferes with the purpose or purposes of the special purpose area;

(b) other factors the minister considers relevant.

Prohibition on constructing road under pre-existing authorization

214   (1) In this section, "pre-existing authorization", in relation to an area designated as a special purpose area, means an authorization granted, before the effective date of the designation, under a road permit or special use permit.

(2) Unless the minister, by order, allows otherwise, the holder of a pre-existing authorization that authorizes a road to be constructed in an area designated as a special purpose area must not construct or continue to construct the road in the special purpose area.

Restriction on authorizing new road

215   (1) After the effective date of the designation of an area as a special purpose area, and except as authorized under subsection (2), an authorized official must not, under a road permit or special use permit, authorize the holder of the permit to construct a road in the special purpose area.

(2) An authorized official may, under a road permit or special use permit, authorize the holder of the permit to construct a road in an area designated as a special purpose area if the authorized official is satisfied that one or more of the following apply:

(a) the road does not significantly interfere with the purpose or purposes of the special purpose area;

(b) the road is necessary to carry out timber harvesting under a forestry licence to cut entered into for a purpose described in section 209 (2) (a) [restriction on entering into or amending certain other licences or permits];

(c) the road is necessary to carry out timber harvesting under a forestry licence to cut entered into before the effective date of the designation;

(d) the road is necessary to carry out timber harvesting under a cutting permit issued for a forestry licence to cut referred to in paragraph (b).

Prohibition on removing ancillary road structure

216   Unless the minister, by order, allows otherwise, a person must not remove an ancillary road structure if the ancillary road structure is used in relation to a road to which either of the following applies:

(a) the road is authorized under an agreement listed in section 12 [form of agreements], or under a special use permit, and is located in a special purpose area;

(b) the road is authorized under a road permit or special use permit and compensation in relation to the road has been provided under Division 6 [Compensation for Roads and Timber Production Improvements] of Part 16 [Compensation in Relation to Special Purpose Areas].

Order that property in ancillary road structure vests in government

217   (1) The minister may, by order, cause property in an ancillary road structure to be vested in the government if any of the following apply:

(a) the ancillary road structure is used in relation to a road that

(i) is authorized under an area-based licence or a cutting permit issued for an area-based licence, and

(ii) is located in a special purpose area;

(b) the ancillary road structure is used in relation to a road authorized under a cutting permit issued for a forest licence and rights in relation to the road are cancelled by an order under section 206 (1) (c) [order to amend, suspend or cancel rights under cutting permit under forest licence];

(c) the ancillary road structure is used in relation to a road authorized under a licence or permit, as defined in section 208 (1) [order to amend, suspend or cancel rights under certain other licences or permits], and rights in relation to the road are cancelled by an order under section 208 (2) (c);

(d) the ancillary road structure is used in relation to a road authorized under a road permit or special use permit and rights in relation to the road are cancelled by an order under

(i) section 213 (1) (c) [order to amend, suspend or cancel rights in relation to road], or

(ii) section 261 [order to cancel rights in relation to road for which compensation provided].

(2) If property in an ancillary road structure is subject to an order under this section, the property vests in the government on the effective date of the order.

(3) Within 30 days after making an order under this section in respect of an ancillary road structure, the minister must serve notice of the order on the following:

(a) the holder of the licence or permit that authorizes the road in relation to which the ancillary road structure is used;

(b) if the minister has knowledge of any other person who holds an interest in the ancillary road structure, that other person.

(4) An order under this section in respect of an ancillary road structure used in relation to a road authorized under a licence or permit does not relieve the holder of the licence or permit from an obligation to deactivate the road.

Prohibition on constructing timber production improvement under pre-existing authorization

218   (1) In this section, "pre-existing authorization", in relation to an area designated as a special purpose area, means an authorization granted, before the effective date of the designation, under a road permit or special use permit.

(2) Unless the minister, by order, allows otherwise, the holder of a pre-existing authorization that authorizes a timber production improvement to be constructed in an area designated as a special purpose area must not construct or continue to construct the timber production improvement in the special purpose area.

Order to amend, suspend or cancel rights in relation to timber production improvement

219   The minister may, by order, amend, suspend or cancel rights under a special use permit in relation to a timber production improvement located in a special purpose area if the minister considers that the timber production improvement significantly interferes with the purpose or purposes of the special purpose area.

Restriction on authorizing new timber production improvement

220   After the effective date of the designation of an area as a special purpose area, an authorized official must not, under a special use permit, authorize a timber production improvement in the special purpose area.

Division 7 — General Provisions in Relation to Special Purpose Areas

Requirement to serve notice of orders

221   As soon as practicable after making an order under any of the following provisions, the minister must serve notice of the order on the holder of the licence, permit or agreement to which the order relates:

(a) section 191 [order to extend deletion if special purpose area overlaps cutting permit area];

(b) section 196 [order to suspend rights under area-based licence or timber licence];

(c) section 206 [order to amend, suspend or cancel rights under cutting permit under forest licence];

(d) section 208 [order to amend, suspend or cancel rights under certain other licences or permits];

(e) section 211 [order to deactivate road];

(f) section 213 [order to amend, suspend or cancel rights in relation to road];

(g) section 214 [prohibition on constructing road under pre-existing authorization];

(h) section 216 [prohibition on removing ancillary road structure];

(i) section 218 [prohibition on constructing timber production improvement under pre-existing authorization];

(j) section 219 [order to amend, suspend or cancel rights in relation to timber production improvement].

Extension of time periods

222   (1) The minister may, by order, extend a time required for the minister, the chief forester or any other person to do anything required or permitted under this Part if the minister considers that the extension is necessary to prevent, alleviate or respond to special circumstances.

(2) Subsection (1) applies despite section 141 [extension of time].

Exemption for licence entered into for special purposes

223   (1) In this section, "licence entered into for special purposes", in relation to the designation of an area for a purpose or purposes referred to in section 182 [designation for first nation purpose, BCTS licence purpose or community forest agreement purpose], means an area-based licence, forest licence or BCTS licence that is entered into, after the effective date of the designation, for the purpose or purposes to which the designation relates.

(2) The following provisions do not apply in relation to an area-based licence if the area-based licence is a licence entered into for special purposes:

(a) Division 3 [Impacts and Restrictions on Area-Based Licences and Timber Licences];

(b) section 209 (1) (f) and (3) (e) [restriction on entering into or amending certain other licences or permits].

(3) The following provisions do not apply in relation to a forest licence if the forest licence is a licence entered into for special purposes:

(a) Division 4 [Impacts and Restrictions on Forest Licences];

(b) section 209 (1) (f) and (3) (e).

(4) Division 5 [Impacts and Restrictions on Certain Other Licences and Permits] does not apply in relation to a BCTS licence if the BCTS licence is a licence entered into for special purposes.

(5) Division 6 [Impacts and Restrictions on Roads, Ancillary Road Structures and Improvements] does not apply in relation to a road permit or special use permit that is associated with a licence entered into for special purposes.

(6) On the effective date of the cancellation of the designation of an area as a special purpose area, an area-based licence, forest licence or BCTS licence that was entered into for the purpose or purposes to which the designation relates ceases to be a licence entered into for special purposes.

Effect of suspension of rights under Part 15

224   A suspension of rights under this Part is not a suspension for the purposes of the following provisions:

(a) section 13.1 (4.1) (c) (i) [direct award of forest licence to produce bioenergy — refusal to enter into licence];

(b) section 15 (2) (a) [replacement for forest licence];

(c) section 36 (2) (a) [replacement for tree farm licence];

(d) section 46 (2) (a) [replacement for woodlot licence];

(e) section 52.10 (2) (b) [extension of cutting permit];

(f) section 58.1 (3) (b) [extension of timber sale licences];

(g) section 81 (2) (c) (i) and (3) (c) [grounds for refusing to issue authorization].

Division 8 — Regulations Under Part 15

Regulations under Part 15

225   (1) The Lieutenant Governor in Council may make regulations for the purposes contemplated by this Part, including regulations that designate areas as special purpose areas for the purposes of Division 2 [Designation of Special Purpose Areas].

(2) A regulation made on or before December 31, 2026 for the purposes of this Part may be made retroactive to a date not earlier than July 15, 2023 and, if made retroactive, is deemed to have come into force on the specified date.

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