Appendix 1: Legislation

The main statutes for which the Forest Service has responsibility are as follows:

Forest and Range Practices Act

In January 2004, the Forest and Range Practices Act and its regulations were brought into force, enabling forest and range licensees to move to a more results-based regime for forest and range practices. Licensees will have until December 2006 to operate under the old Forest Practices Code or switch to the streamlined Forest and Range Practices Act. The new results-based code will promote innovation and reduce red tape while upholding environmental standards.

Both forest and range practices regimes enable the Forest Service to:

• establish stewardship standards for forest and range practices;
• ensure that the legislated requirements for sustainable forest and range practices are followed;
• meet the requirements for resource objectives established through strategic planning; and
• carry out compliance and enforcement activities to ensure stewardship standards are met.

Forest Act

The Forest Act provides the Forest Service with the authority to:

• determine an allowable annual cut for Crown land in each timber supply area and for each tree farm licence area, woodlot licence area and community forest agreement area;
• enter into and administer agreements that authorize timber harvesting, generating revenue to the government;
• establish requirements for timber marking and scaling, and to regulate marine log salvage;
• requires Crown timber, and specified private timber, to be used or manufactured in the province unless exempted by an order in council;
• enter into road permits and road use permits for access to Crown timber, and to build and administer forest service roads; and
• establish designated areas to protect forest land pending land use decisions.

Ministry of Forests Act

The Ministry of Forests Act continues the Forest Service and provides it with a broad and general mandate to:

1. encourage maximum resource productivity;
2. manage resources responsibly to achieve the greatest short and long-term social benefits;
3. practice planned, integrated resource management and use;
4. encourage a globally competitive forest industry; and
5. assert the financial interest of the government.

Range Act

A new Range Act was tabled in October 2004 and brought into force on March 31, 2005. The new Range Act authorizes the Forest Service to allocate and administer the use of range resources by the livestock industry through grazing and hay cutting agreements that provide revenue to the government. The new Act contains measures to improve the management of Crown range resources and provides greater security to range tenure holders. Protection of Crown range is enhanced by the ability to better restrict use when conditions such as drought could result in damage to the range. The amount of forage allocated to a range agreement can also be increased when growing conditions are favourable. Other changes include the ability to issue agreements to First Nations for treaty-related purposes or interim measures, and significantly streamlining the transfer provisions of the Act.

Wildfire Act

On March 31, 2005 the Wildfire Act replaced the forest fire prevention and suppression provisions of the Forest Practices Code of British Columbia Act by moving them into a stand-alone act, and more clearly defining specific responsibilities of all users of the forest with respect to fire. The new Act and its regulation are more results-based and provides greater operational flexibility for industrial users. It fulfills recommendations from the Firestorm 2003 Provincial Review to strengthen wildfire prevention and suppression for the safety and security of communities in British Columbia. The new Act will still ensure that government retains the authority to fight any fire that threatens forest and range resources and to restrict access, limit operations and requisition equipment and personnel in the event of significant fire activity.

Forestry Revitalization Act

The Forestry Revitalization Act is an integral part of government's forestry revitalization plan. The plan will open up opportunities in both forest management and wood processing sectors and create a more diversified and innovative forest sector.

The Act enables the government to take back 20 per cent of the long-term replaceable logging rights from major licensees to be reallocated to BC Timber Sales, communities, First Nations, woodlot owners and entrepreneurs. As a result of these and other changes, up to 45 per cent of the province's total harvest will eventually be available through the open market. The Act also sets aside funding for the transition to the new, stronger forest economy. Forest workers and contractors will have access to a trust fund for transition assistance. As well, the Act provides compensation to forest companies for the legal harvesting rights removed from their allowable annual cuts.

Forest Practices Code of British Columbia Act

Much of the Forest Practices Code of British Columbia Act has been repealed as a result of the implementation of the Forest and Range Practices Act and the Wildfire Act. The remaining provisions of the Forest Practices Code of British Columbia Act relate to the

• establishment of resource objectives for forest and range tenure holders (which will be replaced by amendments to the Land Act that have not yet been brought into force),
• issuance of special use permits to permit the use and occupation of Crown land for forestry purposes, and
• continuation of the Forest Appeals Commission, and its operation.