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B.C. Reg. 372/2004
O.C. 829/2004
Deposited July 23, 2004
effective August 3, 2004

Private Managed Forest Land Act

Private Managed Forest Land Council
Matters Regulation

Note: Check the Cumulative Regulation Bulletin 2015 and 2016
for any non-consolidated amendments to this regulation that may be in effect.

[includes amendments up to B.C. Reg. 41/2016, February 29, 2016]

Link to Point in Time

Contents
1Definitions
2Establishment of water quality objectives
3Council not required to consider review request in specified circumstances
4Owner assuming responsibility for remediation order
5Offences for contravening the Private Managed Forest Land Council Regulation

Definitions

1  For the purpose of the Act and this regulation:

"Act" means the Private Managed Forest Land Act;

"clearing width" means an area that is cleared of standing trees for the purpose of constructing or maintaining a road;

"Coast" means that geographic area of British Columbia that is contained in the Coast Forest Region as established by the Forest Regions and Districts Regulation, B.C. Reg. 123/2003, as that regulation read immediately before its repeal;

"domestic purpose" has the same meaning as under the Water Sustainability Act;

"ecoregion" means a geographical area of British Columbia set out in the Ministry of Environment, Lands and Parks 1996 publication entitled "An Introduction to the Ecoregions of British Columbia";

"excavated or bladed trail" means a constructed trail that has

(a) an excavated or bladed width greater than 1.5 m, and

(b) a mineral soil cutbank height greater than 30 cm;

"fish habitat" means an area that

(a) is a fish stream, or

(b) provides habitat for specified species of fish;

"fish stream" means the portion of a stream that

(a) is frequented by a specified species of fish, or

(b) has an average slope gradient of less than 20% for each 100 m of slope distance, unless

(i) a fish inventory, carried out in accordance with methods acceptable to the wildlife minister, shows that it is not frequented by a specified species of fish, or

(ii) the portion of the stream is located upstream of a proven barrier to fish;

"Interior" means that geographic area of British Columbia that is not the Coast;

"licensed waterworks intake" means a water intake that

(a) is to provide water for human consumption, and

(b) is licensed under the Water Sustainability Act for

(i) a waterworks purpose, if the licence is held by or is subject to the control of a municipality, regional district or improvement district, or

(ii) a domestic purpose, if the licence is held by or is subject to the control of a water users' community incorporated under the Water Users' Communities Act;

"operating season" means

(a) for the Coast, the 12 month period ending December 31, and

(b) for the Interior, the 12 month period ending March 31;

"road" includes

(a) any part of a tote road, pit, quarry, landing or waste area that is located within the road's clearing width, that is used in conjunction with the road, and

(b) any bridges, culverts, fords and other structures associated with the road;

"specified species of fish" means one or more of the following species of fish: anadromous salmonids, rainbow trout, cutthroat trout, brown trout, bull trout, Dolly Varden char, lake trout, brook trout, kokanee, largemouth bass, smallmouth bass, mountain whitefish, lake whitefish, arctic grayling, burbot, white sturgeon, black crappie, yellow perch, walleye or northern pike;

"stream" means a watercourse, including a watercourse that is obscured by overhanging or bridging vegetation or soil mats, that contains water on a perennial or seasonal basis, is scoured by water or contains observable deposits of mineral alluvium, and

(a) has a continuous channel bed that is 100 m or more in length, or

(b) flows directly into

(i) a fish stream or a fish-bearing lake or wetland, or

(ii) a licensed waterworks intake;

"water quality objective" means a water quality objective established under section 2;

"water users' community" has the same meaning as under the Water Users' Communities Act;

"waterworks purpose" has the same meaning as under the Water Sustainability Act;

"wildlife minister" means the minister responsible for the administration of the Wildlife Act and includes a person authorized in writing by that minister.

[am. B.C. Regs. 181/2007, s. 1; 137/2014, Sch. 5; 41/2016, s. 24.]

Establishment of water quality objectives

2  (1) For the purpose of section 24 (3) (b) of the Private Managed Forest Land Council Regulation, the wildlife minister may establish water quality objectives for any part or all of a stream that is located upstream of a licensed waterworks intake.

(2) Before establishing a water quality objective under subsection (1), the wildlife minister must consult with any affected owners.

(3) If a water quality objective has been established under subsection (1), the wildlife minister may monitor to ascertain if the water quality in the stream is consistent with the water quality objective.

(4) For the purposes of subsection (1) or (3), the wildlife minister may enter onto private managed forest land to access the stream.

(5) The wildlife minister must notify the owner, in writing, at least 14 days before entering on land under subsection (4).

(6) A water quality objective established under this section becomes effective on a date that is six months after the wildlife minister has notified the council that the water quality objective has been established.

[am. B.C. Reg. 181/2007, s. 2.]

Council not required to consider review request in specified circumstances

3  The council is exempt from the requirement under section 32 of the Act to consider a request from a person if the request is in respect of

(a) the calculation of an annual administration fee under section 9 of the Act, or

(b) the calculation of an exit fee under section 2 (3) of the Private Managed Forest Land Regulation.

Owner assuming responsibility for remediation order

4  For the purpose of section 27 (6) of the Act, a written notice from an owner to the council in respect of assuming responsibility for complying with a remediation order must

(a) be in a form and manner acceptable to the council, and

(b) identify the order to which the notice relates.

Offences for contravening the Private Managed Forest Land Council Regulation

5  (1) A person who contravenes section 13, 14 (1), 15, 16, 17, 18, 19, 20 (1) or (2), 21 (1), (2) or (3), 22, 24 (1), (2) (3) or (4), 27 (1), 28 (1), 29 (1) or (3) or 30 (1) or (2) of the Private Managed Forest Land Council Regulation commits an offence and is liable on conviction to a fine not exceeding $500 000.

(2) A person who contravenes section 11, 25 (2) (c), 27 (5), 28 (5) or 29 (4) of the Private Managed Forest Land Council Regulation commits an offence and is liable on conviction to a fine not exceeding $25 000.

[en. B.C. Reg. 181/2007, s. 3.]

[Provisions relevant to the enactment of this regulation: Private Managed Forest Land Act, S.B.C. 2003, c. 80, section 42]