MINISTRY OF FORESTS ACT

[RSBC 1996] CHAPTER 300

Contents

1 — Ministry continued

1 (1) The ministry of the public service of British Columbia called the Ministry of Forests is continued.

(2) The minister is to preside over and be responsible to the Lieutenant Governor in Council for the direction of the ministry.

(3) The minister

(a) is to continue a forest service, and

(b) may establish other branches or divisions as the minister considers advisable.

2 — Deputy and employees

2 (1) The following persons may be appointed under the Public Service Act:

(a) a deputy minister;

(b) a chief forester;

(c) a regional manager for a forest region established under the Forest Act and a range district established under the Range Act;

(d) a district manager for a forest district established under the Forest Act and the part of a range district established under the Range Act that covers the same area as the forest district;

(e) other employees required to carry out the functions of the ministry.

(2) The minister

(a) may, despite the Public Service Act, engage and retain consultants, experts or specialists and fix their remuneration,

(b) must establish a forest research council and one or more logging contractor clause advisory committees, and

(c) may establish other committees or councils to advise the minister with respect to any matter included in the minister’s duties, powers and functions.

(3) A person serving on a committee or council established under subsection (2) is entitled to be paid necessary and reasonable travelling and living expenses while performing the person’s duties and in addition may be paid remuneration as the minister determines.

(4) The minister may designate one or more employees of the ministry to act temporarily in the place of the chief forester or a regional manager.

(5) The regional manager may designate one or more employees of the ministry to act temporarily in the place of a district manager.

3 — Minister’s duties

3 The duties, powers and functions of the minister include all matters relating to forest and range resources in British Columbia that are not, by law or by order of the Lieutenant Governor in Council, assigned to another minister, ministry, branch or agency of the government.

4 — Purposes and functions of ministry

4 The purposes and functions of the ministry are, under the direction of the minister, to do the following:

(a) encourage maximum productivity of the forest and range resources in British Columbia;

(b) manage, protect and conserve the forest and range resources of the government, having regard to the immediate and long term economic and social benefits they may confer on British Columbia;

(c) plan the use of the forest and range resources of the government, so that the production of timber and forage, the harvesting of timber, the grazing of livestock and the realization of fisheries, wildlife, water, outdoor recreation and other natural resource values are coordinated and integrated, in consultation and cooperation with other ministries and agencies of the government and with the private sector;

(d) encourage a vigorous, efficient and world competitive timber processing industry in British Columbia;

(e) assert the financial interest of the government in its forest and range resources in a systematic and equitable manner.

5 — Acquisition and disposition of land

5 (1) To carry out the duties, powers and functions of the minister, on behalf of the government, the minister may acquire land.

(2) The minister may dispose of an interest in land, other than the fee simple, and may dispose of the government’s rights under a licence to occupy or permit to use land if

(a) the interest or rights, as the case may be, have previously been acquired by the minister,

(b) the land has located on it, or was acquired with the intention of locating on it, improvements, and

(c) the disposition of the interest or rights, as the case may be, is necessary for the management of land remaining under the management of the minister.

(3) Notice of an acquisition of land or disposition of Crown land under this section must be given to the Surveyor General within 30 days after completion.

6 — Agreements and grants

6 The minister may

(a) enter into an agreement or arrangement with any person or province or with Canada relating to a matter included in the minister’s duties, powers and functions, and

(b) grant money to organizations engaged in forest research or education.

7 — Resource analysis every 10 years

7 Not later than September 30, 1994 and September 30 of every 10th year after that the minister must prepare and submit to the Lieutenant Governor in Council a forest and range resource analysis containing the following:

(a) a description of the inventory of the forest and range resources in British Columbia;

(b) a description of the location and extent of areas of forest land in British Columbia that

(i) have been denuded of timber through harvesting or otherwise and that, in the opinion of the chief forester, have not become either restocked or established with a free growing stand of commercially valuable species of timber, or

(ii) are producing timber at a rate that, in the opinion of the chief forester, is substantially lower than their potential;

(c) a description of the programs of the ministry respecting public and private forest and range management, protection, conservation, investment and research;

(d) an analysis of trends in and a forecast of

(i) domestic and international demand for and uses of the forest and range resources in British Columbia and products manufactured from them, and

(ii) the supply of the forest and range resources in British Columbia and products manufactured from them, in relation to the supply from areas outside British Columbia;

(e) a summary of developments in and questions of public policy that are expected to influence significantly and to affect the use, ownership, licensing and management of forest and range resources.

8 — Five year resource program

8 Not later than September 30 of each year the minister must submit to the Lieutenant Governor in Council a forest and range resource program containing

(a) a presentation of the alternatives available for establishing free growing stands on forest land, for increasing the productivity of forest and range land and for otherwise improving forest and range resources in British Columbia, identifying the following:

(i) estimated capital and current expenditures associated with each alternative;

(ii) the estimated effect of each alternative on the productivity of the resources;

(iii) estimated direct and indirect economic and social benefits and costs associated with each alternative;

(iv) an assessment of the priorities that should be given to each alternative, and

(b) a program recommended to be implemented by the ministry during the 5 year period beginning April 1 of the year following the date it is submitted, for establishing free growing stands on forest land, increasing the productivity of forest and range land and otherwise improving forest and range resources in British Columbia, including the following:

(i) a schedule for implementing the program;

(ii) the method to be used and priorities adopted for implementing the program;

(iii) the roles to be played by the government and the private sector in implementing the program.

9 — Analysis and program to be laid before Assembly

9 A forest and range resource analysis and a forest and range resource program must be laid before the Legislative Assembly no later than 15 days after commencement of the first session in the calendar year following its submission to the Lieutenant Governor in Council under sections 7 and 8.

10 — Annual report

10 (1) The minister must submit to the Lieutenant Governor in Council an annual report of the work performed by the ministry.

(2) The annual report must be laid before the Legislative Assembly within 15 days after commencement of the first session in the year following the end of the year for which the report is made.

(3) The annual report must include

(a) a review of the forest and range program then in effect, with the following:

(i) a statement of the expenditures incurred to implement it;

(ii) an assessment of the effect it has had on the productivity of forest and range resources in British Columbia;

(iii) an analysis of the direct and indirect economic and social benefits and costs associated with its implementation;

(iv) a statement of the audits made in respect of silviculture treatments carried out under the Forest Practices Code of British Columbia Act, and

(b) a summary of forest land in British Columbia, showing the following:

(i) areas denuded of forest during the year;

(ii) areas restocked and areas established with a free growing stand during the year;

(iii) areas the productivity of which has been improved during the year.

11 — Power to make regulations

11 The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.