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Volume 48, No. 6
B.C. Reg. 101/2005
The British Columbia Gazette, Part II
March 22, 2005

B.C. Reg. 101/2005, deposited March 18, 2005, pursuant to the FOREST AND RANGE PRACTICES ACT [Sections 71, 141 and 163]. Order in Council 267/2005, approved and ordered March 17, 2005.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that

(a) the Administrative Remedies Regulation, B.C. Reg. 13/2004, is repealed, and

(b) the attached Administrative Orders and Remedies Regulation is made.

— M. de JONG, Minister of Forests; G. CAMPBELL, Presiding Member of the Executive Council.

ADMINISTRATIVE ORDERS AND REMEDIES REGULATION

Contents
Part 1 — Interpretation
  1  Interpretation
  2  Prescribed category of persons
Part 2 — Administrative Orders and Procedures
  3  Stop work orders not stayed
  4  Rescinding stop work orders
  5  Dealing with seized timber, seed, hay and botanical forest products
  6  Intervention orders
  7  Payment of expenses related to orders
Part 3 — Administrative Penalties
  Division 1 — Penalties under the Forest Act
  8  Penalties — Forest Act
  9  Penalties — Log Salvage Regulation for the Vancouver Log Salvage District
  10  Penalties — Scaling Regulation
  11  Penalties — Timber Marking and Transportation Regulation
  Division 2 — Penalties under the Forest and Range Practices Act
  12  Penalties — Forest and Range Practices Act
  13  Penalties — unauthorized forest or range activities
  14  Penalties — Forest Planning and Practices Regulation
  15  Penalties relating to alternative results and strategies
  16  Penalties — Range Planning and Practices Regulation
  17  Penalties — Woodlot Licence Planning and Practices Regulation
  18  Penalties — Security for Forest Practice Liabilities Regulation
  Division 3 — Penalties under the Forest Practices Code of British Columbia Act
  19  Penalties — Forest Practices Code of British Columbia Act
  20  Penalties — Forest Fire Prevention and Suppression Regulation
  Division 4 — Penalties under the Forest and Range Practices Act — Transitional
  21  Penalties — Forest Practices Code of British Columbia Act, transitional
  22  Penalties — unauthorized forest or range activities, transitional
  23  Penalties — Bark Beetle Regulation, transitional
  24  Penalties — Forest Road Regulation, transitional
  25  Penalties — Operational and Site Planning Regulation, transitional
  26  Penalties — Range Practices Regulation, transitional
  27  Penalties — Security for Forest Practice Liabilities Regulation, transitional
  28  Penalties — Timber Harvesting and Silviculture Practices Regulation, transitional
  29  Penalties — Woodlot Licence Forest Management Regulation, transitional

Part 1 — Interpretation

Interpretation

1 (1) Unless otherwise indicated, words and expressions not defined in this regulation have the meaning given to them in section 1 of the Forest Planning and Practices Regulation.

(2) In the Act, except section 109, and in this regulation, "contractor" does not include a person

(a) to whom an obligation has been transferred under section 29.1 of the Act, or

(b) who is

(i) authorized under section 51 (2) of the Act to maintain a range development, and

(ii) not the holder of an agreement under the Range Act.

Prescribed category of persons

2 (1) For the purposes of sections 74 (1) (b) and 77 (1) of the Act, the following are prescribed categories of persons:

(a) persons to whom obligations have been transferred under section 29.1 of the Act;

(b) persons who

(i) are authorized under section 51 (2) of the Act to maintain range developments, and

(ii) are not the holders of agreements under the Range Act;

(c) persons who, after the expiry, surrender, suspension or cancellation of agreements under the Forest Act, remain liable under section 79 of the Forest Act to perform obligations referred to in paragraph (c) of that section.

(2) For the purpose of section 107 (1) of the Act, the requirements that a person must meet in order to submit a written declaration under that section are that

(a) the person is one to whom an obligation has been transferred under section 29.1 of the Act,

(b) the person

(i) is authorized under section 51 (2) of the Act to maintain a range development, and

(ii) is not the holder of an agreement under the Range Act, or

(c) the person is the timber sales manager.

Part 2 — Administrative Orders and Procedures

Stop work orders not stayed

3 Section 66 of the Act is a prescribed section for the purposes of section 78 (3) of the Act.

Rescinding stop work orders

4 (1) The circumstances in which, under section 66 (6) of the Act, an official or the minister may rescind an order made against the holder of an agreement or another person under section 66 (1) of the Act are that the order is no longer required or is no longer appropriate.

(2) Even if an order referred to in subsection (1) against the holder of an agreement is rescinded, the rescinded order is part of the holder's performance record for the purposes of section 85 of the Act and is to be noted in that record, together with the particulars of the rescission.

Dealing with seized timber, seed, hay and botanical forest products

5 For the purpose of section 67 (3) (a) of the Act, before dealing with seized timber, seed, hay or botanical forest products referred to in that section, the minister must give an opportunity to be heard to the person from whom the timber, seed, hay or botanical forest products were seized.

Intervention orders

6 (1) For the purposes of section 77 (1) and (2) and section 77.1 of the Act, an order given by the minister to a person described under either section must specify

(a) the measures or actions that must be taken,

(b) the date by which the measures or actions must be taken,

(c) the grounds for requiring the measures or actions to be taken,

(d) notice of the person's right under

(i) section 80 of the Act to a review, or

(ii) section 82 of the Act to an appeal,

(e) an address to which a request for a review may be delivered, and

(f) whether the holder may recover all or part of the amount reasonably incurred in taking the specified measures or actions.

(2) The minister may take action under section 77 (1) of the Act if an act or omission of the person who is the subject of the order will likely result in

(a) a substantial non-conformance with the stocking requirements described in section 44 (1) (b) or 45 (2) of the Forest Planning and Practices Regulation,

(b) a significant delay in meeting the stocking requirements by the dates described in section 44 (1) (b) or 45 (2) Forest Planning and Practices Regulation, or

(c) a fundamental and adverse alteration of an ecosystem.

(3) Before taking an action under section 77 (1) or 77.1 (1) of the Act in respect of a person, the minister must give the person an opportunity to be heard.

Payment of expenses related to orders

7 (1) The expenses of the holder of an agreement under the Forest Act in carrying out a measure other than timber harvesting, as required by order under section 26 or 27 of the Forest and Range Practices Act, are to be paid by the government to the extent that the minister is satisfied that the expenses were reasonably incurred.

(2) The expenses of the holder of an agreement under the Forest Act, in carrying out a measure as required by order under section 77.1 of the Forest and Range Practices Act, that are greater than the expenses the holder would have incurred if the order had not been made are to be paid by the government to the extent that the minister is satisfied that the expenses were reasonably incurred.

(3) The condition on which a person who has taken measures under section 77 (1) or (2) of the Act may recover direct costs referred to in section 77 (3) of the Act is that those costs were in fact reasonably incurred.

Part 3 — Administrative Penalties

Division 1 — Penalties under the Forest Act

Penalties — Forest Act

8 The maximum amount that the minister may levy against a person under section 71 (2) of the Forest and Range Practices Act is

(a) $500 000 for a contravention of section 105.1 of the Forest Act,

(b) $100 000 for a contravention of any of the following sections of the Forest Act: 84 (1), (3), (4) or (6); 86 (3.1) or (4); 89 (1) (a) (i) or (ii) or (b) (i) or (ii) or (2); 90 (1) or (2); 94 (1) or (4); 95 (1) or (7); 97 (1); 126 (2); 127; 136 (1); 163.1; 165.1,

(c) $50 000 for a contravention of any of the following sections of the Forest Act: 9 (2); 10.1 (1) or (2); 10.5; 97 (6),

(d) $20 000 for a contravention of section 84 (2) of the Forest Act,

(e) $10 000 for a contravention of any of the following sections of the Forest Act: 93.1; 96 (1); 124 (1); 125; 132 (2), and

(f) $5 000 for a contravention of section 86 (1) or (2) of the Forest Act.

Penalties — Log Salvage Regulation for the Vancouver Log Salvage District

9 The maximum amount that the minister may levy against a person under section 71 (2) of the Forest and Range Practices Act is $2 000 for a contravention of any of the following sections of the Log Salvage Regulation for the Vancouver Log Salvage District: 5 (1), (2), (3) (a) or (b), (5) (a) or (b), (6) (a) or (b), (7) or (8); 7 (1) (a) or (b), (3), (4) or (5); 8 (1); 9 (1) (a) or (b), (2), (2.1), (2.2), (3), (4) or (5); 10 (1) (a) or (b), (4) or (6); 11 (1), (2) or (3); 12 (1), (3), (4) (a) or (b) or (5); 13 (1) (a) or (b), (2) (a), (b) or (c) or (3); 14 (a) or (b); 15 (1) (a), (b) or (c), (2) or (3) (a) or (b); 16 (1), (2), (3) (a) or (b), (4) (a), (b), (c) or (d), (5) or (6); 17; 18 (1); 20 (2).

Penalties — Scaling Regulation

10 The maximum amount that the minister may levy against a person under section 71 (2) of the Forest and Range Practices Act is

(a) $10 000 for a contravention of any of the following sections of the Scaling Regulation: 5 (1), (1.1), (3) or (5); 6 (a), (b), (c), (d), (e), (f), (g), (h) or (k); 7; 8; 9 (1); 10,

(b) $5 000 for a contravention of section 6 (i) or (j) of the Scaling Regulation, and

(c) $2 000 for a contravention of any of the following sections of the Scaling Regulation: 2; 4 (1) or (4).

Penalties — Timber Marking and Transportation Regulation

11 The maximum amount that the minister may levy against a person under section 71 (2) of the Forest and Range Practices Act is $50 000 for a contravention of any of the following sections of the Timber Marking and Transportation Regulation: 2; 10 (1), (2), (3) or (4).

Division 2 — Penalties under the Forest and Range Practices Act

Penalties — Forest and Range Practices Act

12 The maximum amount that the minister may levy against a person under section 71 (2) of the Forest and Range Practices Act is

(a) $500 000 for a contravention of section 112 (3) of that Act,

(b) $100 000 for a contravention of any of the following sections of that Act: 29 (1) or (3); 46 (1); 66 (1); 97 (2) (a), (b) or (c); 119,

(c) $50 000 for a contravention of any of the following sections of that Act: 3 (1); 12 (1); 21 (1); 22 (2); 31; 38 (1); 45 (1) (a) or (b); 50 (1); 51 (7); 54 (2) (a) or (b); 57 (4); 77 (1) or (2) (a) or (b); 77.1 (1) or (2),

(d) $20 000 for a contravention of any of the following sections of that Act: 22.1 (6); 23; 26 (3) (a); 26 (5) or (6); 27 (2); 27.3 (a); 32 (1) (a) or (b); 46 (2) (a), (b) or (c) or (3); 47; 48; 51 (8); 58 (1) (a) or (b); 61 (1); 63 (1) or (2) (e), (f) or (g),

(e) $10 000 for a contravention of any of the following sections of that Act: 8 (1); 10 (1); 11; 15 (2); 18; 20 (2); 22.1 (1), (2) or (5); 22.2 (3) (b) (i) or (ii); 26 (3) (b) or (c); 27.2 (6); 38 (2), (3), (4) or (5); 41 (1); 43 (1) or (2); 44; 51 (1) (a) or (b), (2) or (6); 53 (1) or (2); 54 (1); 57 (1) or (3); 171, and

(f) $5 000 for a contravention of any of the following sections of that Act: 22.1 (7); 22.3 (4); 27.3 (b); 45 (2) (a) or (b); 58 (4); 70; 175 (1).

Penalties — unauthorized forest or range activities

13 (1) The maximum amount that the minister may levy against a person under section 71 (2) of the Forest and Range Practices Act for a contravention of section 50 (2) of that Act is an amount equal to the product of

(a) the area, expressed in hectares, that contained the hay that was the subject of the contravention, and

(b) $1 000 per ha.

(2) The maximum amount that the minister may levy against a person under section 71 (2) of the Forest and Range Practices Act for a contravention of section 52 (1) or (3) of that Act is the greatest of the following amounts:

(a) an amount equal to the product of

(i) the volume, expressed in cubic metres, of the Crown timber that was the subject of the contravention, and

(ii) $200 per m3;

(b) an amount equal to the product of

(i) the area, expressed in hectares, that contained the timber that was the subject of the contravention, and

(ii) $100 000 per ha;

(c) an amount equal to the sum of

(i) the stumpage and bonus bid that in the opinion of the minister would have been payable if the volume of timber that was the subject of the contravention had been sold under a BC timber sales agreement at the time of the contravention,

(ii) twice the market value of logs and special forest products that in the opinion of the minister were, or could have been, produced from the timber that was the subject of the contravention,

(iii) the costs that have been or will be incurred by the government in re-establishing a free growing stand on the area, and

(iv) the costs that were incurred by the government for silviculture treatments to the area that were rendered ineffective because of the contravention.

(3) For a contravention of section 52 of the Forest and Range Practices Act, the minister, in a penalty levied under section 71 (2) of that Act, may not include any amount for the value of the timber, if any, that is recoverable under section 103 of the Forest Act.

Penalties — Forest Planning and Practices Regulation

14 The maximum amount that the minister may levy against a person under section 71 (2) of the Forest and Range Practices Act is

(a) $100 000 for a contravention of any of the following sections of the Forest Planning and Practices Regulation: 35 (3); 36 (1) or (2); 37; 38; 44 (1) (b) or (2); 45 (2); 46.1 (2); 46.2 (5); 54; 56 (1), (2) or (3); 57; 59; 60 (1) or (2); 61; 62 (2); 106.2 (1),

(b) $50 000 for a contravention of any of the following sections of the Forest Planning and Practices Regulation: 39 (1) or (2); 43 (4), (7) (b) or (8); 44 (1) (a) or (4); 45 (1); 46.1 (1); 46.2 (1); 50 (3); 51 (1), (2) or (3) (a), (b) or (c); 52 (1) (a) or (b); 58 (b); 63 (1) (c) or (d); 72; 75 (a), (b) or (c); 94 (6),

(c) $20 000 for a contravention of any of the following sections of the Forest Planning and Practices Regulation: 35 (6) (a), (b) or (c) or (7); 36 (4); 41; 42; 50 (1) or (2); 52 (2); 53; 55 (1) or (2); 58 (a); 64; 65 (2); 66 (1) or (2); 67; 68 (1); 69; 70 (1) or (2); 73; 74 (1), (2) or (3); 75 (d); 76; 77 (1) (a) or (b); 78; 79 (1), (2), (6), (7) or (8); 79.1 (5) or (9); 82 (1) (a), (b), (c) or (d) or (4); 83,

(d) $10 000 for a contravention of any of the following sections of the Forest Planning and Practices Regulation: 12 (3); 14 (3) (a), (b), (c), (d), (e), (f), (g), (h), (i), (j) or (k); 16 (1), (3) (a), (b), (c) or (d) or (4); 17; 18; 20 (1) or (4); 21 (1) (a), (b), (c) or (d); 22 (1) (a); 22 (2) (a), (b), (c) or (d); 29; 32.2; 34 (1); 40; 106.2 (3), and

(e) $5 000 for a contravention of the following sections of the Forest Planning and Practices Regulation: 34 (2); 77 (1) (c), (2) or (3); 79.1 (4); 80.1 (1); 84; 85 (1) (a) or (b); 86 (2) (a) or (b); 86 (3) (a), (b), (c), (d) or (e) or (4); 86.1 (3) (a); 87 (1), (2) or (3); 88 (1); 97.

Penalties relating to alternative results and strategies

15 If the minister makes a determination under section 71 (2) of the Act that the holder of a forest stewardship plan that specifies intended results and strategies, included in the plan in accordance with any of sections 12.2 to 12.5 of the Forest Planning and Practices Regulation, has contravened section 21 (1) of the Act in relation to those intended results or strategies, the maximum penalty for which the holder is liable is the maximum amount applicable to the provision from which the holder became exempt on receiving the minister's approval to the plan.

Penalties — Range Planning and Practices Regulation

16 The maximum amount that the minister may levy against a person under section 71 (2) of the Forest and Range Practices Act is

(a) $100 000 for a contravention of any of the following sections of the Range Planning and Practices Regulation: 32 (1) (a) or (b); 33 (1) or (2); 34 (1) or (3) (a) or (b); 35 (a) or (b); 44 (1) (a) or (b),

(b) $50 000 for a contravention of any of the following sections of the Range Planning and Practices Regulation: 30; 31; 36 (1); 37 (1),

(c) $20 000 for a contravention of section 38 (1) of the Range Planning and Practices Regulation,

(d) $10 000 for a contravention of any of the following sections of the Range Planning and Practices Regulation: 3 (3); 14 (1) (b) or (3) (a) or (b); 15; 16; 17 (2); 18 (1) (a) (i) or (ii) or (b) or (2) (a) or (b) (i) or (ii); 20; 22 (1) or (3); 26 (5); 28 (1) or (2); 29 (1) (a), (b) or (c) or (2), and

(e) $5 000 for a contravention of any of the following sections of the Range Planning and Practices Regulation: 40 (1); 41 (1); 42 (2) (a) or (b).

Penalties — Woodlot Licence Planning and Practices Regulation

17 The maximum amount that the minister may levy against a person under section 71 (2) of the Forest and Range Practices Act is

(a) $100 000 for a contravention of any of the following sections of the Woodlot Licence Planning and Practices Regulation: 4 (1) or (2); 25; 26; 27; 34 (1) or (3); 35 (2) (b); 35.1 (5); 41; 44 (1), (2) or (3); 45; 47; 48 (1) or (2); 49; 50 (1) or (2); 57; 57.1 (2); 58, 58.1 (2),

(b) $50 000 for a contravention of any of the following sections of the Woodlot Licence Planning and Practices Regulation: 28 (1) or (2); 32 (4) or (7) (b); 35 (2) (a); 39 (1), (2), (2.1) or (3) (a), (b) or (c); 40 (3), (4) or (5); 46 (b); 51 (1) (c) or (d); 64 (a), (b) or (c),

(c) $20 000 for a contravention of any of the following sections of the Woodlot Licence Planning and Practices Regulation: 30; 31; 40 (1) or (2); 42; 43 (1) or (2); 46 (a); 52 (1) or (2); 53 (1) or (2); 54 (1); 55; 56 (1) (a) or (b) or (2); 59; 59.1 (2); 60; 61; 62; 63 (1), (2) or (3); 64 (d); 65; 66 (1) (a) or (b); 67; 68 (1), (4), (5), (6) or (7); 71 (1) (a), (b), (c) or (d); 72,

(d) $10 000 for a contravention of any of the following sections of the Woodlot Licence Planning and Practices Regulation: 5 (5) (a) or (b) or (c) (i) or (ii); 6 (2) (a) or (b); 7; 8 (1) or (3); 9 (3); 11; 12; 14; 15; 17 (1), (3), (3.1), (4) or (5) (a), (b), (c) or (d); 23 (1) or (2) (a) or (b); 29; 35.1 (1), and

(e) $5 000 for a contravention of any of the following sections of the Woodlot Licence Planning and Practices Regulation: 32 (8); 33 (2), (3) or (4); 66 (1) (c), (2) or (3); 73; 74 (1) (a) or (b); 75 (1) (a) or (b), (3), (5) or (7); 76 (2) or (3) (a), (a.1), (b) or (c); 84 (3).

Penalties — Security for Forest and Range Practice Liabilities Regulation

18 The maximum amount that the minister may levy against a person under section 71 (2) of the Forest and Range Practices Act for a contravention of section 1 (4) of the Security for Forest and Range Practice Liabilities Regulation is twice the amount of the security that was required under that section but not provided.

Division 3 — Penalties under the Forest Practices Code of British Columbia Act

Penalties — Forest Practices Code of British Columbia Act

19 (1) The maximum amount that the minister may levy against a person under section 71 (2) of the Forest and Range Practices Act is

(a) $20 000 for a contravention of any of the following sections of the Forest Practices Code of British Columbia Act: 79 (1) (a); 82, and

(b) $5 000 for a contravention of any of the following sections of the Forest Practices Code of British Columbia Act: 76 (1); 79 (1) (b); 84 (2) or (4); 85 (2); 86; 87 (1) or (2); 88 (2); 92 (1) (a); 94 (2).

(2) The maximum amount that the minister may levy against a person under section 71 (2) of the Forest and Range Practices Act for a contravention of section 80 (1), (2), (3) or (4) of the Forest Practices Code of British Columbia Act is an amount equal to the product of

(a) the area, expressed in hectares, to which the requirement under section 80 (1), (2), (3) or (4) of the latter Act pertained, and

(b) $1 000 per ha.

Penalties — Forest Fire Prevention and Suppression Regulation

20 The maximum amount that the minister may levy against a person under section 71 (2) of the Forest and Range Practices Act is

(a) $100 000 for a contravention of section 24 (b) of the Forest Fire Prevention and Suppression Regulation,

(b) $20 000 for a contravention of any of the following sections of the Forest Fire Prevention and Suppression Regulation: 24 (a); 34 (1); 36 (2),

(c) $10 000 for a contravention of any of the following sections of the Forest Fire Prevention and Suppression Regulation: 16; 20 (1); 26 (1) (a) or (b), (2) or (3); 27; 34 (2); 35 (1) or (2); 36 (1) or (3), and

(d) $5 000 for a contravention of any of the following sections of the Forest Fire Prevention and Suppression Regulation: 4 (1) (a), (b), (c) or (3); 5 (1) or (2); 6; 7; 8; 9 (1) or (2) (a) or (b); 9.1; 10 (2), (4) or (5); 11 (1); 12 (1), (2) or (3); 13 (1), (2) or (3); 14 (1) or (2); 15; 17; 18 (1) or (2); 19; 20 (2) or (4); 28; 29 (1); 30 (2) or (3); 31; 34 (3).

Division 4 — Penalties under the Forest and Range Practices Act — Transitional

Penalties — Forest Practices Code of British Columbia Act, transitional

21 The maximum amount that the minister may levy under section 71 (2) of the Forest and Range Practices Act against a person described in Part 11 of that Act is

(a) $100 000 for a contravention of any of the following sections of the Code: 45 (1); 47 (1) or (3.1); 69.1 (3); 70 (3); 154 (a), (b) or (c),

(b) $50 000 for a contravention of any of the following sections of the Code: 41 (6); 45 (3); 46 (1), (1.1), (3) or (4); 47 (5) or (6.1); 48 (1); 50 (3); 58 (2); 62 (1); 63 (1), (2) or (3); 64 (1) or (2); 67 (1); 69.1 (4) (a), (b), (c), (d) or (e); 70 (4) (a), (b), (c), (d), (e), (f) or (g); 248 (1) or (2); 249; 250 (1),

(c) $20 000 for a contravention of any of the following sections of the Code: 45 (4) or (5); 50 (1); 51 (2) (a) or (b); 64 (3); 69; 106 (1),

(d) $10 000 for a contravention of any of the following sections of the Code: 27 (1); 35 (1) (a); 36 (2) (b); 52 (2); 54 (1), (2), (3.3) (b), (5.1) or (6); 55 (3) (a); 60 (1) (b) or (3) (b); 64 (5); 67 (2) (c); 68 (1); 70 (6); 74 (1); 74 (2) (a), (b) or (c); 97 (1) or (2); 98; 99 (1); 101 (1) (a) or (b), (1.2) or (2), and

(e) $5 000 for a contravention of any of the following sections of the Code: 17 (1); 21.1 (3), (5) or (6); 27 (7); 35 (1) (b) or (2); 36 (2) (a) or (4); 42.1 (4); 50 (2); 54 (3.3) (a); 55 (3) (b); 56 (1) or (2); 60 (1) (a) or (3) (a); 64 (10); 65; 69.1 (f) or (g); 70 (4) (h) or (i); 74 (4); 99 (2); 225 (1); 252 (1) (a).

Penalties — unauthorized forest or range activities, transitional

22 (1) The maximum amount that the minister may levy against a person under section 71 (2) of the Forest and Range Practices Act for a contravention of section 100 of the Code is an amount equal to the product of

(a) the area, expressed in hectares, that contained the hay that was the subject of the contravention, and

(b) $1 000 per ha.

(2) The maximum amount that the minister may levy against a person under section 71 (2) of the Forest and Range Practices Act for a contravention of section 96 (1) or (3) of the Code is the greatest of the following amounts:

(a) an amount equal to the product of

(i) the volume, expressed in cubic metres, of the Crown timber that was the subject of the contravention, and

(ii) $200 per m3;

(b) an amount equal to the product of

(i) the area, expressed in hectares, that contained the timber that was the subject of the contravention, and

(ii) $100 000 per ha;

(c) an amount equal to the sum of

(i) the stumpage and bonus bid that in the opinion of the minister would have been payable if the volume of timber that was the subject of the contravention had been sold under a BC timber sales agreement at the time of the contravention,

(ii) twice the market value of logs and special forest products that in the opinion of the minister were, or could have been, produced from the timber that was the subject of the contravention,

(iii) the costs that will be or have been incurred by the government in re-establishing a free growing stand on the area, and

(iv) the costs that were incurred by the government for silviculture treatments to the area that were rendered ineffective because of the contravention.

(3) For a contravention of section 96 of the Code, the minister, in a penalty levied under section 71 (2) of the Forest and Range Practices Act, may not include any amount for the value of the timber, if any, that is recoverable under section 103 of the Forest Act.

Penalties — Bark Beetle Regulation, transitional

23 The maximum amount that the minister may levy under section 71 (2) of the Forest and Range Practices Act against a person described in Part 11 of that Act is

(a) $100 000 for a contravention of any of the following sections of the Bark Beetle Regulation: 5 (1) or (3); 7 (2),

(b) $50 000 for a contravention of any of the following sections of the Bark Beetle Regulation: 4.1; 5 (4) (b),

(c) $20 000 for a contravention of any of the following sections of the Bark Beetle Regulation: 4 (5); 7 (3) or (4),

(d) $10 000 for a contravention of section 6 (2) of the Bark Beetle Regulation, and

(e) $5 000 for a contravention of any of the following sections of the Bark Beetle Regulation: 5 (4) (a); 7 (6), (7) or (8).

Penalties — Forest Road Regulation, transitional

24 The maximum amount that the minister may levy under section 71 (2) of the Forest and Range Practices Act against a person described in Part 11 of that Act is

(a) $100 000 for a contravention of any of the following sections of the Forest Road Regulation: 8 (1) (e) or (o) (iii); 13 (2) or (3); 15 (1) (f),

(b) $50 000 for a contravention of any of the following sections of the Forest Road Regulation: 4 (3); 8 (1) (o) (ii); 9 (1) (h) (i) or (ii); 10.1; 12 (1); 14; 15 (1) (g),

(c) $20 000 for a contravention of any of the following sections of the Forest Road Regulation: 4 (1) (b) or (2); 4.1; 7.1; 8 (1) (a), (b), (c), (d), (f), (g), (h), (j), (k), (l) or (m) or (2) (a); 8.1; 9 (1) (a), (b), (c), (d), (e), (f) or (g); 12 (2); 13 (1); 13.1 (1), (3) or (4); 15 (1) (a), (b), (c), (d), (e) or (h); 15 (1.1) (a) or (b); 17,

(d) $10 000 for a contravention of any of the following sections of the Forest Road Regulation: 4 (1) (a); 8 (2) (b); 10 (a) or (b); 11 (1) (a) or (b) or (2), and

(e) $5 000 for a contravention of any of the following sections of the Forest Road Regulation: 2.1 (1) (a); 8 (1) (i), (n) or (o) (i); 8 (3); 9 (1) (i), (j) or (k), (2) or (3); 11 (3); 15 (2) or (3); 16; 19; 20.

Penalties — Operational and Site Planning Regulation, transitional

25 The maximum amount that the minister may levy under section 71 (2) of the Forest and Range Practices Act against a person described in Part 11 of the Forest and Range Practices Act is $10 000 for a contravention of any of the following sections of the Operational and Site Planning Regulation: 36.1; 36.2 (1), (2) or (3).

Penalties — Range Practices Regulation, transitional

26 The maximum amount that the minister may levy under section 71 (2) of the Forest and Range Practices Act against a person described in Part 11 of the Forest and Range Practices Act is

(a) $100 000 for a contravention of section 7 (1) of the Range Practices Regulation,

(b) $50 000 for a contravention of any of the following sections of the Range Practices Regulation: 3 (a), (b), (c) or (d); 5.2 (1); 7 (3),

(c) $20 000 for a contravention of section 6 (1) or (3) of the Range Practices Regulation, and

(d) $5 000 for a contravention of any of the following sections of the Range Practices Regulation: 4 (1) (a) or (b); 5 (1); 5.5 (1) or (2); 5.6; 7 (4); 7.1; 8 (2), (3) or (4).

Penalties — Security for Forest Practice Liabilities
Regulation, transitional

27 The maximum amount that the minister may levy under section 71 (2) of the Forest and Range Practices Act against a person described in Part 11 of the Forest and Range Practices Act for a contravention of section 1 (4) of the Security for Forest Practice Liabilities Regulation is twice the amount of security that was required under that section but not provided.

Penalties — Timber Harvesting and Silviculture Practices
Regulation, transitional

28 The maximum amount that the minister may levy under section 71 (2) of the Forest and Range Practices Act against a person described in Part 11 of the Forest and Range Practices Act is

(a) $100 000 for a contravention of any of the following sections of the Timber Harvesting and Silviculture Practices Regulation: 3 (1); 4 (6); 43 (2) (b) (iii),

(b) $50 000 for a contravention of any of the following sections of the Timber Harvesting and Silviculture Practices Regulation: 4 (2), (3), (4) or (5); 5 (2) or (3); 8 (1); 9 (1) or (2); 10; 12 (1) or (2); 13; 14 (1) or (2); 18; 19; 20; 21 (a); 23 (1); 26 (2), (3) or (4); 27 (a) or (d); 28 (1) or (2); 32; 33; 39 (f); 43 (2) (a) or (b) (i) or (ii),

(c) $20 000 for a contravention of any of the following sections of the Timber Harvesting and Silviculture Practices Regulation: 6 (1); 8 (3); 11 (1) or (3); 14 (3) or (4); 15 (1) or (2); 16 (1) or (2); 20.1 (2); 21 (b); 22 (1) or (2); 23 (2) or (3); 23.1 (4); 23.2 (1) or (3); 24 (1), (2) or (4); 27 (b), (c), (e) or (f); 29; 39 (a), (b) or (c); 43 (1); 44 (1) or (3),

(d) $10 000 for a contravention of any of the following sections of the Timber Harvesting and Silviculture Practices Regulation: 39 (e); 40 (1) or (2); 41; 42 (1), and

(e) $5 000 for a contravention of any of the following sections of the Timber Harvesting and Silviculture Practices Regulation: 7 (1) or (3); 30 (4); 39 (d); 45 (c) or (d); 46 (a), (a.1), (b), (c) or (d); 47 (2); 48 (1); 58 (2) or (4).

Penalties — Woodlot Licence Forest Management
Regulation, transitional

29 The maximum amount that the minister may levy under section 71 (2) of the Forest and Range Practices Act against a person described in Part 11 of the Forest and Range Practices Act is

(a) $100 000 for a contravention of any of the following sections of the Woodlot Licence Forest Management Regulation: 36 (c); 38 (3); 48 (1) (e) or (o) (iii); 53 (2); 55 (1) (f); 76 (1); 86 (2) (b) (iii),

(b) $50 000 for a contravention of any of the following sections of the Woodlot Licence Forest Management Regulation: 30; 32 (a) or (b); 35; 37 (2) or (3) (b); 38 (4) (b); 44 (3); 48 (1) (o) (ii); 49 (1) (h) (i) or (ii); 52 (1); 54; 55 (1) (g); 60 (2), (3), (4), (5) or (6); 61 (2), (3), (4) or (5); 62 (2) (a), (3) or (5); 62.1 (1); 62.2 (1) (c); 63 (1); 65; 66 (b) (i); 68 (b) or (c); 69; 70; 71; 77 (1) or (4); 78; 79 (1); 81 (3) or (4); 82 (2) (a), (b), (c), (d) or (g); 84 (2); 86 (2) (a) or (b) (i) or (ii),

(c) $20 000 for a contravention of any of the following sections of the Woodlot Licence Forest Management Regulation: 33; 34 (1) or (2); 44 (1) (b) or (2); 44.1; 47.1; 48 (1) (a), (b), (c), (d), (f), (g), (h), (j), (k), (l) or (m); 48 (2) (a); 49 (1) (a), (b), (c), (d), (e), (f) or (g); 52 (2); 53 (1), (4), (6) or (7); 55 (1) (a), (b), (c), (d), (e) or (h) or (1.1); 57; 62 (2) (b), (c), (d) or (e) or (6); 62.1 (2) (a), (b), (c), (d) or (e); 62.2 (1) (a) or (b); 63 (2); 66 (b) (ii); 68 (d); 72 (a) or (b); 73 (1) or (2); 84 (1) (a) or (b); 86 (1),

(d) $10 000 for a contravention of any of the following sections of the Woodlot Licence Forest Management Regulation: 36 (a) or (b); 44 (1) (a); 48 (2) (b); 50 (a) or (b); 51 (1) (a) or (b) or (2); 80 (1); 82 (2) (f); 84 (1) (d), and

(e) $5 000 for a contravention of any of the following sections of the Woodlot Licence Forest Management Regulation: 18 (1); 19 (2); 22.02 (1); 24 (1) or (2); 24.2 (6); 48 (1) (i), (n) or (o) (i); 48 (3); 49 (1) (j) or (k), (2) or (3); 51 (3); 55 (2) or (3); 56; 58 (1) or (2); 82 (2) (e); 84 (1) (c); 88 (1) (a) or (b), (2), (3), (4) or (5) (a), (b), (c) or (d); 88.1 (1) (a) or (b); 89.


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