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"Point in Time" Regulation Content

Forest and Range Practices Act

Woodlot Licence Planning and Practices Regulation

B.C. Reg. 21/2004

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 8 February 29, 2016
Section 35.1 January 31, 2017
Section 55 June 26, 2023
Section 55.1 June 26, 2023
Section 56 May 4, 2015
Section 76 May 4, 2015
January 31, 2017
Section 79 June 26, 2023
Section 82 April 1, 2024
Section 83 March 11, 2024
Section 83.1 March 11, 2024
Section 90 June 26, 2023
Schedule 2 June 23, 2014

 Section 8 (1) (l) and (q) BEFORE amended by BC Reg 41/2016, effective February 29, 2016.

(l) community and domestic water supply intakes that are licensed under the Water Act and any related water supply infrastructures;

(q) resource features other than wildlife habitat features, archaeological sites, and domestic water supply intakes licensed under the Water Act.

 Section 35.1 (1) (a) and (b) BEFORE amended by BC Reg 16/2017, effective January 31, 2017.

(a) is required to establish a free growing stand under section 35 of this regulation, and

(b) knows that the requirements of sections 35 and 36 of this regulation cannot be met

 Section 55 BEFORE amended by BC Reg 163/2023, effective June 26, 2023.

General wildlife measures

55   Unless exempted under section 79 (2) [minister may grant exemptions], if a general wildlife measure is established for a woodlot licence area, a woodlot licence holder who carries out primary forest activities in the area must comply with each general wildlife measure that applies to the area.

 Section 55.1 was enacted by BC Reg 163/2023, effective June 26, 2023.

 Section 56 (2) BEFORE amended by BC Reg 64/2015, effective May 4, 2015.

(2) Unless exempted under section 79 (3) [Water, Land and Air Protection may grant exemptions], a woodlot licence holder who carries out a forest practice that could affect a wildlife habitat feature must not damage or render ineffective the wildlife habitat feature.

 Section 76 BEFORE re-enacted by BC Reg 64/2015, effective May 4, 2015.

Annual reports

76   (1) The chief forester may specify

(a) the form of an annual report required under this section, and

(b) the information that is to be included in an annual report under this section.

(2) A woodlot licence holder must submit to the minister, on or before April 30 each year, an annual report in accordance with the requirements of subsection (1).

(3) In addition to the information required under subsection (1) (b), a woodlot licence holder must include with the annual report information respecting the following matters that occurred during the period to which the annual report applies:

(a) a copy of any amendment that was made under section 20 (1) of the Act, unless the holder had previously provided a copy of the amendment to the minister;

(b) a copy of any amendment to the wildlife tree retention strategy made under section 11;

(c) a map describing the location of any area that has been the subject of one or more of the following:

(i) a transfer under section 29.1 (3) of the Act;

(ii) an exemption under section 78 or 79;

(iii) a declaration under section 107 of the Act that an obligation has been completed;

(iv) relief being granted under section 108 of the Act;

(d) the approximate location of any resource feature or wildlife habitat feature contiguous to a cutblock or road that the holder became aware of, if

(i) the holder has not previously reported the resource feature or wildlife habitat feature, and

(ii) the order establishing the resource feature or wildlife habitat feature requires the location of the resource feature or wildlife habitat feature to be reported under this section.

[am. B.C. Reg. 585/2004, s. 15.]

 Section 76 BEFORE re-enacted by BC Reg 16/2017, effective January 31, 2017.

Reports — annual and other

76   (1) In this section, "reporting period", in respect of an annual report required under subsection (3), means the 12-month period that begins on January 1 of the calendar year immediately preceding the calendar year in which the annual report must be submitted.

(2) The chief forester may specify the form of, and the information to be included in, an annual report required under subsection (3).

(3) A woodlot licence holder must, on or before May 31 each year, submit to the minister, in accordance with the requirements of subsection (2), an annual report respecting activities completed within the reporting period.

(4) In addition to the information required under subsection (2), a woodlot licence holder must, unless that information was previously provided to the minister, include with the annual report the following:

(a) a copy of any amendment made during the reporting period under section 20 (1) of the Act;

(b) the approximate location of any resource feature or wildlife habitat feature in, or contiguous to, a cutblock or road that the holder became aware of during the reporting period, if the order establishing the resource feature or wildlife habitat feature requires the location of the resource feature or wildlife habitat feature to be included in the annual report required under subsection (3).

[en. B.C. Reg. 64/2015, s. 2.]

 Section 79 (1) (part) BEFORE amended by BC Reg 163/2023, effective June 26, 2023.

(1) The minister responsible for the Wildlife Act may exempt a person from section 55 of this regulation in relation to a general wildlife measure, if satisfied that

 Section 79 (1) (a) BEFORE amended by BC Reg 163/2023, effective June 26, 2023.

(a) the intent of the general wildlife measure will be achieved, or

 Section 82 (1) definition of "affiliate" BEFORE amended by BC Reg 62/2024, effective April 1, 2024.

"affiliate" has the same meaning as "affiliate" in section 53 [interpretation and application] of the Forest Act;

 Section 82 (1) definition of "control" BEFORE repealed by BC Reg 62/2024, effective April 1, 2024.

"control", with respect to a corporation, has the same meaning as "control of a corporation" in section 53 of the Forest Act.

 Section 82 (4) (b) BEFORE amended by BC Reg 62/2024, effective April 1, 2024.

(b) the request referred to in paragraph (a) is made by the licence holder as part of the licence holder's first application for a cutting permit under the agreement under the Forest Act.

 Section 83 (1) (part), (1.1) (part) and (2) BEFORE amended by BC Reg 57/2024, effective March 11, 2024.

(1) For the purpose of section 108 (1) (b) [government may fund extra expense or waive obligation] of the Act, a woodlot licence holder must not be relieved from the requirements of section 26 [landslides], 27 [gully processes], 28 [natural surface drainage patterns] or 29 [revegetation], unless the minister is satisfied that

(1.1) For the purpose of section 108 of the Act, "an event causing damage", in relation to an area in which a person has an obligation to establish a free growing stand, means

(2) A woodlot licence holder claiming, under section 108 of the Act, relief from, or funding for, the obligation to establish a free growing stand, must provide to the minister the following information:

(a) the nature of the relief sought and why the woodlot licence holder is entitled to it;

(b) if the relief sought is funding under section 108 (4) of the Act, a proposal for returning the stand to the condition referred to in that subsection;

(c) an estimate of the extra expense involved in carrying out the course of action, as described in section 108 (3) of the Act.

 Section 83 (1.1) (b) BEFORE repealed by BC Reg 57/2024, effective March 11, 2024.

(b) an outbreak of dothiestroma, or

 Section 83 (2.1) to (2.5) were added by BC Reg 57/2024, effective March 11, 2024.

 Section 83 (3) (b) and (c) BEFORE amended by BC Reg 57/2024, effective March 11, 2024.

(b) determine whether or not to provide the funds necessary for the proposal under subsection (2) (b), or

(c) provide and fund an alternate course of action to that proposed under subsection (2) (b), if the minister determines that

(i) the obligation to establish a free growing stand should continue, and

(ii) either

(A) the woodlot licence holder has not provided a proposed course of action under subsection (2) (b), or

(B) the proposed course of action under subsection (2) (b) is unacceptable.

 Section 83.1 was enacted by BC Reg 57/2024, effective March 11, 2024.

 Section 90 (1) item "section 55.1 [general ecological community measures];" was added by BC Reg 163/2023, effective June 26, 2023.

 Schedule 2, items 14 to 18, 19 to 22, 29 and 39 and 40 BEFORE amended by BC Reg 137/2014, effective June 23, 2014.

Schedule 2

[en. B.C. Reg. 106/2005, s. 13.]

Fisheries Sensitive Watersheds

(Section 57.1)

ItemFisheries Sensitive WatershedForest District
14Finn CreekHeadwaters
15Gold Creek (Upper Adams Watershed)Headwaters
16Raft RiverHeadwaters
17Upper Adams RiverHeadwaters
18Otter CreekHeadwaters
19Hiuhill CreekKamloops
20Barriere RiverKamloops
21Bonaparte RiverKamloops
22Deadman RiverKamloops
29Horsefly RiverCentral Cariboo
39Pacofi CreekQueen Charlotte Islands
40Awun River (Talking Bear Creek Sub-basin)Queen Charlotte Islands