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Regulations
- Forest Practices Code of BC ActSILVICULTURE
PRACTICES REGULATION
Contents
B.C. Reg. 108/98 Deposited April 2, 1998
O.C. 0427/98 effective June 15, 1998 (Consolidated to December 10, 2001)
- PART 1 - DEFINITIONS AND
INTERPRETATION
- PART 2 - GENERAL
- PART 3 - SILVICULTURE
TREATMENTS
- PART 4 - PROTECTING THE
ENVIRONMENT AND SITE REHABILITATION
- PART 5 - OFFENCES
FORMS
- 8. (1) In this section:
- "seedlot" means a quantity of cones or seeds having the same species,
source, quality and year of collection;
- "source" means
- (a) the geographic source of cones, seeds and vegetative material including the
latitude, longitude and elevation of the source, or
- (b) the name and licence number of the seed orchard, cutting orchard or production
facility;
- "vegetative lot" means a quantity of vegetative material or vegetative
propagules having the same species, source and year of collection;
- "vegetative material" means plant parts or tissues used to produce
vegetative propagules through asexual means;
- "vegetative propagule" means a plant that has been produced through
asexual means.
- (2) A person who is required to establish a free growing stand on an area under a
silviculture prescription, who carries out planting, must
- (a) use only seedlots or vegetative lots collected and registered in accordance with the
Tree Cone, Seed and Vegetative Material Regulation,
- (b) unless otherwise authorized by the district manager, use the best genetic quality
source available,
- (c) store tree seeds with the ministry, and
- (d) keep a record of the registration numbers of the seedlots or vegetative lots used
and the locations where they are planted.
- (3) Without limiting subsection (2), if the person knows or should know of forest health
concerns that affect the health of the species of trees that are required by the
prescription, the person must use only naturally or genetically improved resistant seed
sources, seedlings or vegetative propagules if they are available.
- (4) Without limiting subsection (2) or (3), the person must not exceed the limits for
seed or vegetative material transfer specified in the Ministry of Forests' publication,
"Seed and Vegetative Material Guidebook", as amended from time to time, unless
otherwise permitted by the district manager.
- 9.A person who is required to establish a free growing stand on an area under a
silviculture prescription must use only seedlings and vegetative propagules that indicate
on their shipping containers whether or not the seedlings or vegetative propagules have
been treated with pesticides.
- 10.A person who is required to establish a free growing stand on an area under a
silviculture prescription, if using livestock for site preparation or brush control, must
- (a) ensure that all necessary measures are taken to
- (i) protect fish, wildlife and their habitat,
- (ii) minimize conflict between livestock and animals that could prey on livestock,
- (iii) protect irrigation and licensed domestic water supply intakes,
- (iv) prevent transmission of disease from livestock to wildlife, and
- (v) maintain the health of livestock,
- (b) establish a buffer zone on the area if required to do so by a designated environment
official and prevent livestock from entering the zone,
- (c) not construct a livestock corral
- (i) within a riparian management area, or
- (ii) on a site that drains directly into a stream, lake or other watercourse bearing
fish or used as a potable water source,
- (d) notify a designated forest official and a designated environment official before the
arrival of the livestock,
- (e) use livestock only if they have been inspected and certified as required by the
Minister of Agriculture and Food, and
- (f) not use livestock within a community watershed to carry out site preparation or
brush control within a riparian management area.
- 11.(1) A person who, after June 15, 1998, is required to establish a free growing
stand on an area under a silviculture prescription approved or given effect on or after
June 15, 1998, must do the following:
- (a) retain a registered professional forester to specify a regime of silviculture
treatments that can reasonably be expected to produce the target stocking levels specified
in the silviculture prescription by the end of the free growing assessment period
specified in the silviculture prescription;
- (b) implement the regime of treatments referred to in paragraph (a);
- (c) keep a written record that allows the district manager to determine whether the
requirements of paragraph (a) and (b) have been met;
- (d) provide the written record to the district manager promptly on request.
- (2) A holder of a silviculture prescription is exempted from the requirements of section
70 (4) (d) of the Act and subsection (1) if the timber harvesting proposed for the area
under the silviculture prescription is limited to intermediate cuttings, and there are no
regeneration objectives specified in the silviculture prescription.
- (3) Subsection (2) applies despite any silviculture prescription approved or given
effect before June 15, 1998.
- 12.(1) The government is exempted from the requirement under section 70 (2) of
the Act to act in accordance with a silviculture prescription to the extent that the
prescription contains a requirement for carrying out a spacing treatment before the end of
the free growing assessment period to reduce the density of trees to a density specified
in the prescription.
 (2) A holder of a major licence is exempted
from the requirement under section 70 (3) of the Act to act in accordance with a
silviculture prescription to the extent that the prescription contains a requirement for
carrying out a spacing treatment before the end of the free growing assessment period to
reduce the density of trees to a density specified in the prescription.
- (3) A person that has an approved silviculture prescription is exempted from the
requirements of section 70 (4) (f) and section 70 (6) of the Act.
- 13.(1) A person who is required to establish a free growing stand under a
silviculture prescription must carry out a spacing treatment on the area under the
prescription before the end of the free growing assessment period to reduce the number of
coniferous trees per hectare to within the range limited by the maximum and minimum
numbers specified in the prescription if
- (a) the prescription for the area is approved on or after April 1, 1994, and
- (b) before the end of the free growing period, the number of coniferous trees per
hectare in that area exceeds 10 000 or another number specified by the regional manager
under subsection (3).
- (2) If a silviculture prescription for an area was approved before April 1, 1994, the
person who is required to establish a free growing stand under the prescription must, if
the density of lodgepole pine or drybelt Douglas-fir trees per hectare exceeds 10 000 or
another number specified by the regional manager under subsection (3), carry out a spacing
treatment on the area before the end of the free growing assessment period to reduce the
number of trees,
- (a) subject to paragraph (b), to the target number of healthy well spaced trees per
hectare specified in the prescription, or
- (b) to within the range limited by the maximum and minimum numbers specified by the
district manager in a written notice, if the district manager is satisfied that a number
other than the target number specified in the prescription is required to adequately
manage and conserve the forest resources in the area.
- (3) For the purposes of subsections (1) and (2), the regional manager may specify a
number other than 10 000, if
- (a) satisfied that a number other than 10 000 is necessary to ensure that forest
resources are adequately managed and conserved in an area, and
- (b) the chief forester has established policies and guidelines under subsection (6).
- (4) The regional manager is not required to specify a number other than 10 000 under
subsection (3).
- (5) When specifying a number under subsection (3), the regional manager
- (a) may specify different numbers for different areas and species, and
- (b) must give written notice of the specification to a person before that person is
bound by the specification.
- (6) The chief forester may
- (a) establish, vary or cancel policies and guidelines respecting
- (i) the regional manager's specification of a number of trees per hectare other than 10
000, under subsection (3),
- (ii) the characteristics of trees that must be counted for the purpose of determining if
the number of trees per hectare before a spacing treatment is required has been exeeded,
and
- (iii) any other matters related to stand density management, and
- (b) make different policies and guidelines for different areas and species.
- (7) The regional manager must follow policies and guidelines under subsection (6).
- (8) The policies and guidelines under subsection (6) must be made available to the
public, on request, at regional and district offices of the Ministry of Forests.
- (9) For the purposes of determining if the number of trees per hectare before a spacing
treatment is required has been exceeded, the following coniferous trees must be counted:
- (a) a tree that is at least 20% of the median height of the preferred and acceptable
well spaced trees in the survey plot;
- (b) if the silvicultural system is single tree selection, a tree that is at least 1.3 m
in height and less than 7.5 cm in diameter measured at a height of 1.3 m;
- (c) a tree that meets criteria established by the chief forester under subsection (6).
- 14.Before applying a pesticide in a community watershed, a person who carries out
a silviculture treatment must notify the holder of the water licence, or a representative
of the holder, of the proposed application and provide the holder of the water licence or
the representative with a copy of the pesticide use permit or pest management plan for the
area.
- 15.A person who carries out a silviculture treatment must not apply a pesticide
in a community watershed, closer than 100 m upslope of a community water intake.
- 16.A person who carries out a silviculture treatment must not store pesticide in
a community watershed except in a permanent structure for a period exceeding
- (a) 24 hours before the application, or
- (b) 7 days beyond the conclusion of the application.
- 17.When applying pesticides, other than biological pesticides, in a community
watershed, a person who carries out a silviculture treatment must ensure that a 10 m
pesticide free zone is maintained around all streams.
- 18.If a person who carries out a silviculture treatment detects a pesticide or a
product of pesticide breakdown at a community water intake, the person must not use a
pesticide in the community watershed until the Minister of Health is satisfied that the
person has taken all necessary measures to preserve the water quality.
- 19.A person who carries out a spacing treatment or a pruning treatment must
ensure that the crop trees are not damaged by the carrying out of the treatment.
- 20.(1) A person who is required to establish a free growing stand on an area
under a silviculture prescription and establishes western white pine on the net area to be
reforested as crop trees must prune, before the end of the free growing assessment period,
the western white pine that are crop trees to a height from the ground specified in a
silviculture prescription for the area.
- (2) If a person is required to establish a
free growing stand on an area under a silviculture prescription and the minimum stocking
requirements specified in the silviculture prescription for the area are
- (a) at least 30% lower than the minimum stocking requirements specified for the
applicable biogeoclimatic zone as set out in the Ministry of Forests' publication
"Establishment to Free Growing Guidebook" as amended from time to time, and
- (b) intended to achieve wildlife habitat management objectives specified in any
operational plan that apply to the area
- the person must prune, before the end of the free growing assessment period, all of the
crop trees on the area to a height from the ground specified in a silviculture
prescription for the area.
- (3) Despite subsection (1) and (2), a person who carries out pruning under this section
must leave at least 30% live crown.
- (4) Despite subsection (1) or (2), a person does not have to carry out a pruning
treatment if the district manager is of the opinion that pruning is not necessary to
adequately manage and conserve the forest resources of the area.
- (5) Without limiting subsection (4), a person does not have to carry out a pruning
treatment under subsection (1) if the district manager is of the opinion that a seed
source resistant to blister rust was used to establish the stand.
- 21.(1) A person who carries out a silviculture treatment and uses fertilizer must
store, handle and apply the fertilizer in a manner that protects forest resources.
- (2) A person who carries out a silviculture treatment and who applies fertilizer other
than on spot areas in a community watershed must not
- (a) apply fertilizer
- (i) closer than 100 m upslope of a water intake, or
- (ii) within 10 m of a perennial stream that is observable from the air, at the
height the fertilizer will be applied, unless otherwise authorized by both the district
manager and the Minister of Health, and
- (b) cause
- (i) nitrate nitrogen levels in a stream to exceed 10 ppm measured immediately below the
area where the fertilizer is applied,
- (ii) chlorophyll levels to exceed
- (A) 2 micrograms/litre in a lake, or
- (B) 50 milligrams/square metre in a stream,
or
- (iii) water quality to fall below any known water quality objectives.
- 22.(1) A person who uses trap trees or pheromones to concentrate insect
populations must ensure that the insect brood is destroyed before the insects emerge
unless an alternate method of controlling the insect population is provided in an approved
operational plan or approved in writing by the district manager.
- (2) The district manager may exempt a person from complying with subsection (1), with or
without conditions, if the district manager is satisfied that doing so will adequately
manage and conserve forest resources.
- (3) A person exempted under subsection (2) must comply with any condition imposed under
that subsection.
- 23.(1) Subject to section 11 (2), a person who is required to establish a free
growing stand on an area under a silviculture prescription must carry out the following
surveys:
- (a) if required by the district manager, a survey of the nature and extent of
- (i) the total area under the silviculture prescription that is occupied by permanent
access structures, and
- (ii) soil disturbance and temporary access structures within the net area to be
reforested;
- (b) a survey, on or before the regeneration date specified in the silviculture
prescription, of the number of healthy well spaced trees per hectare;
- (c) a survey, within the free growing assessment period, containing sufficient
information to enable the district manager to determine if the stand meets the free
growing standards specified in the prescription.
- (2) Despite subsection (1), if a silviculture prescription meets the requirements of
section 11 (2), the person who is required to establish a free growing stand on the area
under the silviculture prescription does not have to carry out the survey specified in
subsection (1) (b) and (c).
- (3) More than 12 months after the completion of harvesting, a person exempted under
subsection (2) must carry out a survey that meets the requirement of section 26.
- (4) If the harvesting has not been completed before the date this section comes into
force, subsection (2) applies, despite any silviculture prescription approved or given
effect before that date.
- 24.A person who is required to carry out a survey under section 23 must
- (a) carry it out to the satisfaction of the district manager,
- (b) keep a written record that allows the district manager to determine whether the
requirements of the silviculture prescription have been met, and
- (c) provide a report of the survey and written record to the district manager promptly
on request.
- 25.A report of a free growing survey referred to in section 23 (1) (c) for an
area under a silviculture prescription with regeneration objectives must contain the
following information:
- (a) the identification of the area under the silviculture prescription and, if the
report is required of a holder of a major licence, the agreement and the name of the
holder of the agreement;
- (b) for the net area to be reforested
- (i) the area,
- (ii) the biogeoclimatic ecosystem classification,
- (iii) the number of healthy, well spaced free growing acceptable and preferred trees per
hectare,
- (iv) the number of healthy, well spaced free growing preferred trees per hectare,
- (v) the incidence of damage by forest health factors affecting trees,
- (vi) the total number of countable coniferous trees per hectare for the purpose of
determining compliance with the maximum number of coniferous trees allowed per hectare
under the prescription,
- (vii) the areas that are
- (A) free growing,
- (B) satisfactorily stocked, or
- (C) not satisfactorily restocked, and
- (viii) the inventory label and silviculture label, including species component, age,
height, density and site index.
- 26.(1) In addition to the requirements of section 24, a report of a survey for an
area under a silviculture prescription without regeneration objectives must confirm the
following information:
- (a) the identification of the area under the silviculture prescription and, if the
report is required of a holder of a major licence, the agreement and the name of the
holder of the agreement;
- (b) for the net area to be reforested
- (i) the area,
- (ii) the biogeoclimatic ecosystem classification,
- (iii) the incidence of damage by forest health factors affecting trees,
- (iv) the inventory label, including species component, age, height, density, basal area
and site index, and
- (v) the number of acceptable and preferred trees per hectare.
- (2) Subsection (1) applies despite any silviculture prescription approved or given
effect before the coming into force of this section.
- 27.(1) A district manager who is not satisfied with a survey carried out under
section 23 (1), may notify the person responsible for the survey
- (a) that another survey must be carried out at the time and in the manner set out in the
notice, and
- (b) of the reason why another survey is required.
- (2) A person who receives a notice under subsection (1) must comply with the
requirements of the notice.
- 28.(1) A holder of a major licence who is required to establish a free growing
stand on an area under a silviculture prescription must submit each year to the district
manager the following reports:
- (a) on or before July 31 and January 31, a
report in Forms B and C, describing the timber harvesting for the area, together with an
accurate map of the area, if all timber harvesting for the area was completed more than 4
weeks before the date of the report and has not previously been reported;
(b) on or before July 31, 2000, and in subsequent years on or before May 31, a
report in Form B describing the silviculture treatments completed in the area for the
preceding year ending March 31;
(c) on or before July 31, 2000, and in subsequent years on or before May 31, after
the completion of the report of the survey carried out under section 23 (1) (b) or (c) or
(3) in the preceding year ending March 31, a report in Form C with an accurate map showing
the silviculture treatments applied and a map notation that includes a description of the
forest cover by species, height, age, density and site index;
(d) after the completion of the report of the survey carried out under section 23 (1)
(c) or (3), a statement, signed and sealed by a professional forester, that the area under
the silviculture prescription has achieved free growing in accordance with the
silviculture prescription.
- (2) A holder of a major licence who carries out a silviculture treatment specified in a
stand management prescription referred to in
section 24 (2) of the Act must prepare a
report that
- (a) contains a summary of the silviculture treatments performed on the free growing
stand on the area during the period beginning 4 weeks before the last report and ending 4
weeks before the prescribed date under subsection (3), and
- (b) specifies whether the silviculture treatment was carried out to fulfill the
requirements of a management plan or an agreement under the Forest Act.
- (3) A person required to prepare a report under subsection (2) must ensure that the
report
- (a) is signed and sealed by a professional forester, and
- (b) is submitted each year to the district manager on or before July 31 and January 31.
- (4) The chief forester may specify the form
and content of a report under subsection (1) (d) or (2).
- 29.(1) If the government is required to establish a free growing stand
- (a) the district manager
- (i) must keep accurate records of silviculture treatments, and
- (ii) on or before July 31 each year must submit a compliance report for the preceding
year ending March 31 to the regional manager, and
- (b) the regional manager on or before August 31 each year must submit a compliance
report to the chief forester.
- (2) The compliance report must state the extent of compliance
- (a) with the total limits specified in a prescription for
- (i) the amount of area that may be occupied by permanent access structures, and
- (ii) the amount of soil disturbance in the net area to be reforested, and
- (b) with section 70 (4) (d) and (e) of the Act for silviculture prescriptions if the
regeneration date occurred, or the free growing assessment period ended, during the
preceding year ending March 31.
- (3) Without limiting subsection (2), the compliance report must contain for each area
under a prescription identified in that subsection as not being in compliance, the actions
that will be taken to bring the area into compliance with the requirements of the
prescription.
- (4) Compliance for the purposes of subsection (2) (a) must be determined as soon as site
conditions allow after the end of any timber harvesting and any site preparation
activities.
- 30.(1) For the purposes of section 45 (3) (b) of the Act, "inordinate
soil disturbance" means soil disturbance that
- (a) results in the district manager requiring rehabilitation of soil under
section 48 (1) of the Act, or
- (b) exceeds the soil disturbance limit specified in a silviculture prescription.
- (2) For the purposes of section 45 (3) (c) of the Act, "significant damage"
means any damage to a lake, stream or other watercourse that results from the deposit of a
petroleum product or a fluid used to service logging equipment.
- 31. (1) A person who is required to
rehabilitate a disturbed portion of an area under section 46 (4) or 47 (5) of the Act must
(a) obtain the district manager’s approval of the soil rehabilitation plan for the
area to be treated, and
(b) carry out the rehabilitation in accordance with the approved soil rehabilitation
plan.
(2) The district manager may approve a soil rehabilitation plan if, in the district
manager's opinion, it
- (a) restores the disturbed portion of the area to a level of productivity that is
acceptable to the district manager,
- (b) reduces surface soil erosion in the area, and
- (c) reasonably mitigates the impact of the forest practice that made the rehabilitation
necessary on forest resources that are identified
- (i) in higher level plans or operational plans, or
- (ii) by the district manager, if the forest practice was exempted from the requirement
of a logging plan or silviculture prescription.
- 32(1) A holder of an agreement under the Forest Act who contravenes
section 3, 4, 5, 6, 9, 15, 17, 18, or 21 (2) commits an offence.
- (2) A person who commits an offence is liable, on conviction, to a fine not exceeding
$5 000 or to imprisonment for not more than 6 months or to both.
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