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"Point in Time" Regulation Content

Wildfire Act

Wildfire Regulation

B.C. Reg. 38/2005

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 June 25, 2010
May 26, 2011
June 25, 2012
October 24, 2014
Section 4 June 9, 2011
Section 11 May 26, 2011
June 25, 2012
Section 12 May 26, 2011
Section 12.1 May 26, 2011
Section 12.2 June 25, 2012
Section 20 June 25, 2010
Section 30 June 30, 2014
Section 33 June 25, 2012

 Section 1(1) definition of "category 1 open fire" BEFORE repealed by BC Reg 206/2010 effective June 25, 2010.

"category 1 open fire" means an open fire that burns piled material no larger than 1m in height and 1 m in diameter and includes a campfire that burns such material;

 Section 1(1) definition of "category 2 open fire" BEFORE amended by BC Reg 206/2010 effective June 25, 2010.

"category 2 open fire" means an open fire that

(a) burns material in one pile not exceeding 2 m in height and 3 m in width,

(b) burns material concurrently in 2 piles each not exceeding 2 m in height and 3 m in width, or

(c) burns stubble or grass over an area that does not exceed 0.2 ha;

 Section 1(1) definition of "resource management open fire" paragraph (b) BEFORE amended by BC Reg 206/2010 effective June 25, 2010.

(b) is not a category 1, 2 or 3 open fire and is lit, fuelled or used for silviculture treatment, forest health management, wildlife habitat enhancement, fire hazard abatement, ecological restoration or range improvement;

 Section 1 (1) definition of "fire suppression system" BEFORE amended by BC Reg 96/2011 effective May 26, 2011.

"fire suppression system" means a system for suppressing fire by delivering

(a) water,

(b) a suppressant,

(c) a surfactant, or

(d) any combination of the substances listed in paragraphs (a) to (c)

and includes a water delivery system;

 Section 1 (1) defintion of "qualified holder" was added by BC Reg 96/2011 effective June 9, 2011.

 Section 1 (1) definition of "fibre recovery tenure holder" was added by BC Reg 157/2012 effective June 25, 2012.

 Section 1 (1) definition of "qualified holder" BEFORE amended by BC Reg 190/2014 effective October 24, 2014.

(ii) is not in arrears under the Annual Rent Regulation for the annual rent payable respecting the agreement or licence;

 Section 4 (e) was added by BC Reg 104/2011 effective June 9, 2011.

 Section 11 (2) and (3) BEFORE amended by BC Reg 96/2011 effective May 26, 2011.

(2)  The prescribed intervals, at which persons described in section 7 (1) of the Act must conduct fire hazard assessments, are

(a) 3 month intervals during the period in which the persons are carrying on the industrial activity or the prescribed activity in an area inside, or within 2 km of, the boundaries of

(i)  a local government under paragraphs (d) to (f) of the definition of "local government" in section 1 of the Act, or

(ii)  a fire protection district in a regional district, and

(b) the shorter interval between the most recent 3 month interval and the date on which the activity ceases for an expected period of 3 months or more.

(3)  The prescribed intervals, at which persons described in section 7 (1) of the Act must conduct fire hazard assessments, are

(a) 6 month intervals during the period during which the persons, in any area other than the area described in subsection (2), are carrying on the industrial activity or the prescribed activity, and

(b) the shorter interval between the most recent 6 month interval and the date on which the activity ceases for an expected period of 6 months or more.

 Section 11 (3.1) was added by BC Reg 96/2011 effective June 9, 2011.

 Section 11(5) was added by BC Reg 157/2012 effective June 25, 2012.

 Section 12 (1) BEFORE amended by BC Reg 96/2011 effective May 26, 2011.

(1)  The following periods are prescribed as the periods in which persons described in section 7 (2) of the Act must abate fire hazards of which the persons are aware:

(a) for an area described in section 11 (2) (a) of this regulation, each of the 6 month periods beginning on the dates on which the persons are required under section 7 (1) of the Act to conduct fire hazard assessments;

(b) for an area other than an area described in section 11 (2) (a) of this regulation, each of the 12 month periods beginning on the dates on which the persons are required under section 7 (1) of the Act to conduct fire hazard assessments.

 Section 12 (3) was added by BC Reg 96/2011 effective June 9, 2011.

 Section 12.1 was added by BC Reg 96/2011 effective May 26, 2011.

 Section 12.2 was added by BC Reg 157/2012 effective June 25, 2012.

 Section 20 BEFORE amended by BC Reg 206/2010 effective June 25, 2010.

 Category 1 open fire

20  (1)  The circumstances in which a person described in section 5 (1) or 6 (1) of the Act may light, fuel or use a category 1 open fire in or within 1 km of forest land or grass land are as follows:

(a) the person is not prohibited from doing so under another enactment;

(b) to do so is safe and is likely to continue to be safe;

(c) the person takes reasonable precautions to ensure the fire is contained in the burn area;

(d) while the fire is burning the person ensures that the fire is watched and patrolled by a person to prevent the escape of fire and the person is equipped with at least one fire fighting hand tool;

(e) before leaving the area, the person ensures that the fire is extinguished.

(2)  Without limiting subsection (1), a person who lights, fuels or uses a category 1 open fire must ensure that the fire does not escape.

(3)  If a category 1 open fire spreads beyond the burn area or otherwise becomes out of control, the person who lit, fueled or used the open fire

(a) immediately must carry out fire control and extinguish the fire if practicable, and

(b) as soon as practicable must report the open fire as described in section 2 of the Act.

(4)  A person to whom subsection (3) applies may discontinue carrying out fire control if relieved from doing so by an official.

[am. B.C. Reg. 75/2006, s. 7.]

 Section 30(b)(i) BEFORE repealed by BC Reg 137/2014 effective June 30, 2014.

(i) whether timber when damaged or destroyed was in

(A) the Coast forest region or the Kalum forest district, or

(B) elsewhere in British Columbia,

 Section 33(2)(a) BEFORE amended by BC Reg 157/2012 effective June 25, 2012.

(a) $100 000 for the contravention of section 6 (1), (2) (a) or (b) or (3), 7 (2) or (4), 22 (1) or 56 (2), and