| PART 1- INTERPRETATION |
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Definitions |
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1 |
(1) |
In this regulation: |
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"Act" means the Wildfire Act; |
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"Buildup Index" has the same meaning as under the Canadian Forest Service's publication, the Canadian Forest Fire Weather Index System, as amended from time to time; |
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"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; |
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"category 2 open fire" means an open fire that |
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(a) |
burns material in one pile not exceeding 2 m in height and 3 m in width, |
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(b) |
burns material concurrently in 2 piles each not exceeding 2 m in height and 3 m in width, or |
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(c) |
burns stubble or grass over an area that does not exceed 0.2 ha; |
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"category 3 open fire" means an open fire that burns |
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(a) |
material concurrently in 3 or more piles each not exceeding 2 m height and 3 m in width, |
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(b) |
material in one or more piles each exceeding 2 m in height or 3 m in width, |
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(c) |
one or more windrows, or |
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(d) |
stubble or grass over an area exceeding 0.2 ha; |
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"direct fire control cost" means a cost of the government for fire control activities that is recoverable under section 25 (1) (a) or 27 (1) (b) of the Act; |
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"drought code value" means the value of the drought code determined in accordance with the Canadian Forest Service's publication, the Canadian Forest Fire Weather Index System, as amended from time to time; |
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"duff moisture code value" means the value of the duff moisture code determined in accordance with the Canadian Forest Service's publication, the Canadian Forest Fire Weather Index System, as amended from time to time; |
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"engine" means an internal combustion engine but does not include |
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(a) |
an engine on or in a water craft that is in the water, |
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(b) |
an engine in or on a vehicle primarily used for the transportation of people, or |
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(c) |
an engine in an aircraft; |
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"fine fuel moisture code value" means the value of the fine fuel moisture code determined in accordance with the Canadian Forest Service's publication, the Canadian Forest Fire Weather Index System, as amended from time to time; |
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"Fire Danger Class" means the Fire Danger Class as determined in section 6 (2); |
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"fire fighting hand tools" includes shovels, axes, pulaskis, hand tank pumps and fire extinguishers; |
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"fire suppression system" means a system for suppressing fire by delivering water, a suppressant or a surfactant; |
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"Fire Weather Index" has the same meaning as under the Canadian Forest Service's publication, the Canadian Forest Fire Weather Index System, as amended from time to time; |
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"fuel break" means |
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(a) |
a barrier or a change in fuel type or condition, or |
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(b) |
a strip of land that has been modified or cleared |
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to prevent fire spread; |
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"fuel hazard" means the potential fire behaviour, without regard to the state of weather or topography, based on the physical fuel characteristics, including fuel arrangement, fuel load, condition of herbaceous vegetation and the presence of ladder fuel; |
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"heavy equipment" means crawler tractors, skidders, excavators or other suitable mechanized fire-fighting equipment; |
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"high risk activity" means each of the following: |
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(a) |
mechanical brushing; |
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(b) |
disk trenching; |
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(c) |
preparation or use of explosives; |
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(d) |
using fire- or spark-producing tools, including cutting tools; |
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(e) |
using or preparing fireworks or pyrotechnics; |
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(f) |
grinding, including rail grinding; |
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(g) |
mechanical land clearing; |
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(h) |
operating a power saw other than while doing so on a road or a landing or in a log sort area; |
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(i) |
rock drilling; |
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(j) |
tree processing, including de-limbing; |
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(k) |
welding; |
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(l) |
portable wood chipping, milling, processing or manufacturing; |
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(m) |
log forwarding other than by logging truck on a road; |
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(n) |
skidding logs; |
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(o) |
yarding logs using cable systems; |
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(p) |
operating a vehicle equipped with metal tracks, chains or studs other than operating it |
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(i) |
for road construction, road maintenance or road deactivation, or |
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(ii) |
on a road or landing or in a log sort area; |
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(q) |
clearing and maintaining rights of way, including grass mowing; |
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"mining operation" means the operation and maintenance of a mine and includes any land clearing or construction of a mine; |
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"protected area" means |
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(a) |
a |
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(i) |
park, |
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(ii) |
recreation area, or |
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(iii) |
conservancy |
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as defined in section 1 of the Park Act, |
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(b) |
an area established under the Environment and Land Use Act as a park or protected area, or |
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(c) |
an area established or continued as an ecological reserve under the Ecological Reserve Act or by the Protected Areas of British Columbia Act; |
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"railway operation" means |
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(a) |
the operation and maintenance of the engines, locomotives and rolling stock of a railway, and |
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(b) |
the repair, construction, reconstruction and maintenance of the railway track and the railway right of way; |
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"resource management open fire" means an open fire that |
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(a) |
burns unpiled slash over an area of any size, or |
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(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; |
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"utility transmission operation" means the operation, transmission, construction, establishment, maintenance and repair of electrical, oil, gas, radio, microwave, and telephone service; |
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"water delivery system" means a system that can |
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(a) |
deliver a sufficient volume of water to effectively fight a fire of a reasonably foreseeable size, taking all factors into consideration, including the conditions of any area where the water delivery system may need to be used, and |
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(b) |
deliver water to any place |
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(i) |
at the site of an industrial activity, |
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(ii) |
on the burn area or site of the high risk activity, or |
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(iii) |
reasonably adjacent to the burn area or the site of a high risk activity. |
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"workers" does not include individuals working |
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(a) |
at a non-portable timber processing facility, |
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(b) |
on a tug or barge, or |
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(c) |
in a clerical or administrative capacity. |
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(2) |
In the Act: |
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"fire control" means an action to contain, extinguish or limit the spread of a fire; |
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"open fire" does not include a fire vented through a structure that has a flue and is incorporated in a building; |
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(3) |
Each of the following activities is included in the definition of "industrial activity" in section 1 of the Act: |
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(a) |
debris piling; |
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(b) |
mechanical modification of forest debris; |
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(c) |
railway operations; |
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(d) |
utility transmission operations; |
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(e) |
mining operations; |
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(f) |
silviculture treatments; |
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(g) |
wood milling, processing and manufacturing; |
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(h) |
timber harvesting; |
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(i) |
road construction, road maintenance or road deactivation; |
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(j) |
yarding logs using helicopters or lighter than air vehicles; |
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(k) |
operating a power saw on a road or a landing or in a log sort area; |
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(l) |
the use of machinery on a road or a landing or in a log sort area; |
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(m) |
loading logs on a road or a landing or in a log sort area. |
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(4) |
A lawful recreational activity of a person is excluded from the definition of "industrial activity" if it takes place in a protected area. |
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(5) |
For the purposes of sections 5, 6 and 8, there is a risk of a fire starting or spreading on an area only when the area is snow free and the daily |
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(a) |
fine fuel moisture code value exceeds 75, |
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(b) |
duff moisture code value exceeds 6, or |
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(c) |
drought code value exceeds 15. |
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Workers Compensation Act |
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2 |
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A person is exempt from the requirements of the Act and this regulation as necessary to conform to the Workers Compensation Act and the regulations under that Act. |
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Application |
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3 |
(1) |
This regulation, other than sections 1 and 2, 14 and 15 and Part 6, does not apply inside the boundaries of the City of Vancouver or of a municipality. |
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(2) |
Parts 4 and 5 and section 13 of this regulation do not apply inside the boundaries of a local government that |
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(a) |
is a local government under paragraphs (c) to (f) of the definition of "local government" in section 1 of the Act, and |
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(b) |
has a bylaw that relates to the lighting, fueling or use of open fires. |
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(3) |
Part 2 of this regulation does not apply inside the boundaries of a local government that |
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(a) |
is a local government under paragraphs (c) to (f) of the definition of "local government" in section 1 of the Act, and |
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(b) |
has a bylaw that relates to fire prevention and forest protection. |
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| PART 2 - FIRE PREVENTION |
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| Division 1 - Precautions |
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Requirement to provide contact details |
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4 |
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Before April 1 of each year, a person who, under the Forest Act, is the holder of |
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(a) |
a major licence, |
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(b) |
a timber sale licence that is not a major licence, |
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(c) |
a community forest agreement, or |
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(d) |
a woodlot licence |
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must provide an official with a 24 hour a day contact telephone number if the person proposes to carry out an industrial activity between April 1 and October 31 of that year. |
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Sufficient fire fighting hand tools for an industrial activity |
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5 |
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If there is a risk of a fire starting or spreading on an area that is |
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(a) |
forest land or grass land, or |
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(b) |
within 300 m of forest land or grass land, |
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a person who carries out an industrial activity at a site in that area must ensure that fire fighting hand tools are available at that site in a combination and type to properly equip each person who works at the site with a minimum of one fire fighting hand tool. |
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High risk activities |
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6 |
(1) |
In this section, "fire season", in relation to an area, means the period |
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(a) |
beginning on |
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(i) |
the third day after the area is snow free, or |
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(ii) |
in areas where snow cover is often absent, the third consecutive day that the temperature at noon is at least 12 degrees, and |
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(b) |
ending on whichever occurs first |
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(i) |
the first day after October 1 on which each of the following is present: |
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(A) |
the daily fine fuel moisture code value is 75 or less; |
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(B) |
the daily duff moisture code value is 6 or less; |
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(C) |
the drought code value is 15 or less, or |
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(ii) |
noon of the first day on which the area becomes snow covered. |
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(2) |
A person who carries out a high risk activity on or within 300 m of forest land or grass land during a fire season must determine the Fire Danger Class for the location of the activity |
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(a) |
by reference to representative weather data for the area, |
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(b) |
by reference to |
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(i) |
the Danger Region from Schedule 1, |
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(ii) |
the applicable numerical rating under the Buildup Index, and |
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(iii) |
the applicable numerical rating under the Fire Weather Index, and |
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(c) |
by cross-referencing the Buildup Index with the Fire Weather Index, for the applicable Danger Region, under Schedule 2. |
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(3) |
If there is a risk of a fire starting or spreading, a person carrying out a high risk activity on or within 300 m of forest land or grass land must |
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(a) |
do so in accordance with the applicable restriction and duration set out in Schedule 3 for the Fire Danger Class, and |
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(b) |
keep at the activity site |
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(i) |
fire fighting hand tools, in a combination and type to properly equip each person who works at the site with a minimum of one fire fighting hand tool, and |
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(ii) |
an adequate fire suppression system. |
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(4) |
A person who, in accordance with subsection (3) (a) and Schedule 3, is required to maintain a fire watcher, must ensure that the fire watcher |
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(a) |
can reasonably see the site of the high risk activity during the time the fire watcher is required, |
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(b) |
has at least one fire fighting hand tool, |
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(c) |
actively watches and patrols for sparks and fires on the site of the high risk activity, |
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(d) |
immediately carries out fire control and extinguishes the fire, if practicable, and |
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(e) |
has the means on site to report the fire. |
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Precautions to prevent escape of fire |
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7 |
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A person |
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(a) |
carrying out an industrial activity that is refuse disposal, wood sorting, wood milling, wood processing or wood manufacturing, or |
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(b) |
operating a camp associated with that activity or any other industrial activity |
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on a site that is on or within 300 m of forest land or grass land must maintain a sufficient fuel break at or near the site to ensure that a fire originating at the site does not escape the site. |
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Engines |
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8 |
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A person must not operate an engine, other than an engine used in a railway operation, |
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(a) |
on forest land or grass land or within 300 m of forest land or grass land, and |
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(b) |
at a time when there is a risk of a fire starting or spreading, |
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unless |
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(c) |
the necessary precautions are taken to ensure that the operation of the engine does not cause a fire, |
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(d) |
the engine is equipped with a safe and effective device for arresting sparks that is an integral part of the exhaust system and in good repair, |
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(e) |
the engine is equipped with an exhaust system and muffler that are within the manufacturer's specifications, and |
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(f) |
if the engine is over 7.5 kw (10 hp) and is stationary or semi-permanent, the engine is surrounded by a fuel break. |
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Railway operations |
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9 |
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A person carrying out a railway operation, on or within 300 m of forest land or grass land, must |
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(a) |
maintain locomotives and engines, equipment and rolling stock in a manner that does not produce an ignition source capable of starting a fire on or adjacent to the railway operation, |
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(b) |
maintain the railway right of way so that it is substantially free from dead or dry grass, weeds and other combustible materials, |
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(c) |
having regard to the Fire Danger Class, ensure that there are sufficient patrols of the railway right of way to provide for early and effective detection and suppression of fires on and adjacent to the right of way, and |
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(d) |
on or before April 1st of each year, provide to an official an annual schedule identifying the locations, dates and times of proposed rail grinding work. |
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Utility transmission operations |
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10 |
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A person carrying out an industrial activity that is a utility transmission operation, on or within 300 m of forest land or grass land, must |
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(a) |
maintain utility transmission equipment, apparatus and materials in a manner that reduces the likelihood of producing an ignition source capable of starting a fire on or adjacent to the site of the utility transmission operation, and |
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(b) |
maintain the site in a manner that prevents any fire from spreading from the site. |
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| Division 2 - Fire Hazard Assessment and Abatement |
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Hazard assessment |
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11 |
(1) |
For the purposes of section 7 of the Act, |
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(a) |
each of the following is a prescribed activity under subsections (1) and (2) of that section: |
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(i) |
operating a waste disposal site; |
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(ii) |
operating a dry land sort; |
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(iii) |
operating a camp associated with an industrial activity, and |
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(b) |
each of the following is a prescribed circumstance under subsection (1) of that section: |
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(i) |
an industrial activity or an activity prescribed under paragraph (a) of subsection (1) creates or increases a fire hazard or is likely to do so; |
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(ii) |
an official notifies a person carrying out an industrial activity or an activity prescribed under paragraph (a) of subsection (1) that a fire hazard exists at the site of the activity or operation. |
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(2) |
The prescribed intervals, at which persons described in section 7 (1) of the Act must conduct fire hazard assessments, are |
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(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 |
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(i) |
a local government under paragraphs (d) to (f) of the definition of "local government" in section 1 of the Act, or |
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(ii) |
a fire protection district in a regional district, and |
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(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. |
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(3) |
The prescribed intervals, at which persons described in section 7 (1) of the Act must conduct fire hazard assessments, are |
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(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 |
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(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. |
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(4) |
A person required to conduct a fire hazard assessment under section 7 (1) of the Act must |
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(a) |
ensure that the fire hazard assessment includes an assessment of the fuel hazard and its associated risk of a fire starting or spreading, and |
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(b) |
provide a copy of the fire hazard assessment when requested to do so by an official. |
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Hazard abatement |
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12 |
(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: |
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(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; |
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(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. |
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(2) |
A person required to abate a fire hazard under section 7 (2) of the Act must reduce the fuel hazard on the site of the industrial activity or prescribed activity as necessary to ensure that carrying out the activity |
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(a) |
does not increase the risk of a fire starting on the site, and |
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(b) |
if a fire were to start, would not increase the fire behaviour or fire suppression associated with the fire. |
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| PART 3- FIRE CONTROL |
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Resources required for fire control activities |
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13 |
(1) |
A person carrying out an industrial activity who is required by section 6 (3) of the Act to carry out fire control for a fire started other than in the prescribed circumstances referred to in section 6 (1) of the Act, to which fire that provision applies, must make available to fight the fire |
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(a) |
if it started on Crown land, all of the person's |
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(i) |
workers who are working within 30 km by road of the site of the industrial activity, |
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(ii) |
fire suppression systems located within 30 km by road of the site of the industrial activity, and |
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(iii) |
heavy equipment located within 30 km by road of the site of the industrial activity, |
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(b) |
if it started on land other than Crown land, all of the person's |
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(i) |
workers who are working on the land on which the fire started, |
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(ii) |
fire suppression systems located on that land, and |
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(iii) |
heavy equipment located on that land, and |
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(c) |
fire fighting hand tools, in a combination and type to equip all of the workers referred to in paragraph (a) (i) or (b) (i) with a minimum of one fire fighting hand tool. |
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(2) |
The person who, under subsection (1), is required to make workers, fire suppression systems, heavy equipment and fire fighting hand tools available must deploy them as appropriate, given the circumstances and conditions applicable to the fire. |
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(3) |
A person carrying out an industrial activity is exempt from section 6 (3) of the Act in respect of a fire that starts at or within 1 km of the site of the industrial activity if the site is |
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(a) |
in a protected area, or |
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(b) |
on private land that is not owned by the person or another who acts on the person's behalf or under the person's direction. |
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Rates of compensation |
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14 |
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The amount of the compensation that the government, under section 17 of the Act, |
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(a) |
must pay to a person described in subsection (1) of that section, or |
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(b) |
must pay to a person described in subsection (2) of that section, |
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is |
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(c) |
for wages, |
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(i) |
at the rates set out in Schedule 4 of this regulation, |
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(ii) |
if the minister is satisfied that the person to be paid is |
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(A) |
an individual who, immediately before carrying out the compensable fire control on behalf of a person carrying on the applicable industrial activity, was paid at a greater rate of remuneration than that set out in Schedule 4, or |
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(B) |
a person who, immediately before carrying out the compensable fire control, was carrying on the applicable industrial activity and who carried out the compensable fire control through employees or others acting at the person's direction and was paying the employees or others at a greater rate than that set out in Schedule 4, |
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at rates agreed to between the minister and the person, or |
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(iii) |
in the absence of rates as described in subparagraph (i) or (ii), reasonable rates to be approved by the minister, and |
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(d) |
for use of equipment, |
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(i) |
at the rates, if any, for that type of equipment that are set out in the Province of British Columbia B.C. Road Builders and Heavy Construction Association Equipment Rental Rate Guide, as amended from time to time, |
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(ii) |
if the minister is satisfied that the equipment supplier's costs for the equipment used in carrying out the compensable fire control are at rates greater than those referred to in subparagraph (i), at rates agreed to between the minister and the supplier, or |
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(iii) |
in the absence of rates as described in subparagraph (i) or (ii), at reasonable rates to be approved by the minister. |
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Compensation |
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15 |
(1) |
In sections 9 (4) and (5) of the Act, "damage caused to the private land" means damage that is caused to private land as established by proof of loss by the owner or the tenant but does not include damage associated with |
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(a) |
indirect or consequential damage to property, |
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(b) |
reforestation costs, |
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(c) |
lost opportunities, |
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(d) |
aesthetics, or |
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(e) |
foreseeable losses. |
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(2) |
For the purpose of section 9 (5) of the Act, the prescribed circumstances are that |
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(a) |
if the fire was on the private land, the damage was avoidable damage caused by fire control carried out by the government, or |
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(b) |
if the fire was not on the private land, the damage was caused by fire control carried out by the government. |
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Rehabilitation if a person carries out fire control |
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16 |
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For the purposes of section 6 (3) (d) of the Act, on Crown land the prescribed requirements are that the person carrying out the industrial activity, as soon as practicable, must |
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(a) |
conduct a fire hazard assessment, ensuring that the fire hazard assessment includes an assessment of the fuel hazard and its associated risk of a fire starting or spreading, |
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(b) |
prepare and submit to an official for approval a site rehabilitation plan that specifies measures for |
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(i) |
minimizing any fuel hazard created as a result of fire control operations, and |
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(ii) |
maintaining natural drainage patterns for all of the fire control works to minimize surface soil erosion by |
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(A) |
stabilizing and re-vegetating soil disturbed or exposed by heavy equipment, |
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(B) |
stabilizing the stream channel and stream bed at stream crossings, and |
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(C) |
stabilizing sump and dam locations that were created for the purpose of carrying out fire control, and |
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(c) |
implement the measures specified in the approved site rehabilitation plan. |
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Rehabilitation if government carries out fire control |
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17 |
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For the purposes of section 9 (6) of the Act, the prescribed requirements, applicable if the government exercises the discretion under that subsection to rehabilitate land, are that, as soon as practicable, |
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(a) |
a fire hazard assessment must be carried out, |
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(b) |
a site rehabilitation plan must be prepared that specifies measures for |
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(i) |
minimizing any fuel hazard created as a result of fire control operations, and |
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(ii) |
maintaining natural drainage patterns for all of the fire control works to minimize surface soil erosion by |
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(A) |
stabilizing and re-vegetating soil disturbed or exposed by heavy equipment, |
| |
(B) |
stabilizing the stream channel and stream bed at stream crossings, and |
| |
(C) |
stabilizing sump and dam locations that were created for the purpose of carrying out fire control, and |
| |
(c) |
the measures specified in the site rehabilitation plan must be implemented. |
| |
| |
| PART 4- PERMISSIBLE OPEN FIRES |
| |
| |
| |
Right of government to use fire |
| |
18 |
|
This Part does not apply to or in respect of a fire to which section 18 of the Act applies. |
| |
| |
| |
Open fires in outdoor stoves |
| |
19 |
|
The circumstances in which a person described in section 5 (1) or 6 (1) of the Act may light, fuel or use an open fire that is in an outdoor stove, and is 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 stove; |
| |
(d) |
before leaving the area, the person ensures that the fire is extinguished. |
| |
| |
(2) |
Without limiting subsection (1), a person who lights, fuels or uses an open fire referred to in that subsection must ensure that the fire does not escape. |
| |
| |
(3) |
If an open fire referred to in subsection (1) becomes out of control, the person who lit, fueled or used the open fire |
| |
(a) |
immediately must carry out fire control and extinguish the open 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. |
| |
| |
| |
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. |
| |
| |
| |
Category 2 open fire |
| |
21 |
(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 2 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 establishes a fuel break around the burn area; |
| |
(d) |
while the fire is burning and there is a risk of the fire escaping the person ensures that |
| |
(i) |
the fuel break is maintained, |
| |
(ii) |
a fire suppression system is available at the burn area, of a type and with a capacity adequate for fire control if the fire escapes, and |
| |
(iii) |
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 burn area, the person ensures that the fire is extinguished. |
| |
| |
(2) |
Without limiting subsection (1), a person who lights, fuels or uses a category 2 open fire in the circumstances set out in subsection (1) must ensure that the fire does not escape. |
| |
| |
(3) |
If a category 2 open fire, lit, fueled or used in the circumstances set out in subsection (1), spreads beyond the burn area or otherwise becomes out of control, the person who lit, fueled or used the open fire must |
| |
(a) |
carry out fire control immediately, |
| |
(b) |
extinguish the fire if practicable, and |
| |
(c) |
as soon as practicable, report the 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. |
| |
| |
(5) |
A person carrying on an industrial activity who is required under subsection (3) to carry out fire control in respect of a category 2 open fire must make available to fight the fire at least the greater of |
| |
(a) |
one piece of heavy equipment, one fire suppression system and 6 workers who are each equipped with at least one fire fighting hand tool, and |
| |
(b) |
the workers, fire suppression systems, heavy equipment and fire fighting hand tools as described in section 13 (1) in relation to whichever is applicable, Crown land or land other than Crown land. |
| |
| |
(6) |
The person who, under subsection (5), is required to make workers, fire suppression systems, heavy equipment and fire fighting hand tools available must deploy them as appropriate, given the circumstances and conditions applicable to the fire. |
| |
| |
| |
Category 3 open fire |
| |
22 |
(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 3 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 obtains a burn registration number for the fire |
| |
(i) |
by |
| |
(A) |
calling the telephone number made known by the government for that purpose, or |
| |
(B) |
contacting an official by other means, and |
| |
(ii) |
by providing the information referred to in section 24 of this regulation; |
| |
(d) |
the person takes all necessary precautions to ensure the fire is contained in the burn area; |
| |
(e) |
the person establishes a fuel break around |
| |
(i) |
the burn area, or |
| |
(ii) |
each debris pile or windrow; |
| |
(f) |
while the fire is burning and there is a risk of the fire escaping the person ensures that |
| |
(i) |
the fuel break is maintained, |
| |
(ii) |
a fire suppression system is available at the burn area, of a type and with a capacity adequate for fire control if the fire escapes, |
| |
(iii) |
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, and |
| |
(iv) |
the fire does not exceed the capacity of the persons, fire fighting tools and heavy equipment on site for timely action to prevent any fire from escaping. |
| |
| |
(2) |
A person who, in the circumstances set out in subsection (1), lights, fuels or uses a category 3 open fire on a burn area must ensure that |
| |
(a) |
no windrow on the burn area exceeds 200 m in length or 15 m in width, and |
| |
(b) |
the category 3 open fire is extinguished by the date specified by the official or person who issued the burn registration number. |
| |
| |
(3) |
Without limiting subsection (1) or (2), a person who lights, fuels or uses a category 3 open fire must ensure that the fire does not escape. |
| |
| |
(4) |
If a category 3 open fire lit, fuelled or used in the circumstances set out in subsection (1) spreads beyond the burn area or otherwise becomes out of control, the person who lit, fueled or used the open fire must |
| |
(a) |
carry out fire control immediately, |
| |
(b) |
extinguish the fire if practicable, and |
| |
(c) |
as soon as practicable, report the fire as described in section 2 of the Act. |
| |
| |
(5) |
A person to whom subsection (4) applies may discontinue carrying out fire control if relieved from doing so by an official. |
| |
| |
(6) |
A person carrying on an industrial activity who is required under subsection (4) to carry out fire control in respect of a category 3 open fire must make available to fight the fire at least the greater of |
| |
(a) |
2 pieces of heavy equipment, 2 fire suppression systems and 11 workers who are each equipped with at least one fire fighting hand tool, and |
| |
(b) |
the workers, fire suppression systems, heavy equipment and fire fighting hand tools as described in section 13 (1) in relation to whichever is applicable, Crown land or land other than Crown land. |
| |
| |
(7) |
The person who, under subsection (6), is required to make workers, fire suppression systems, heavy equipment and fire fighting hand tools available must deploy them as appropriate, given the circumstances and conditions applicable to the fire. |
| |
| |
| |
Resource management open fire |
| |
23 |
(1) |
The circumstances in which a person described in section 5 (1) or 6 (1) of the Act may light, fuel or use a resource management 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 submits a burn plan to an official and receives the official's approval to it in writing; |
| |
(d) |
the person obtains a burn registration number for the fire |
| |
(i) |
by |
| |
(A) |
calling the telephone number made known by the government for that purpose, or |
| |
(B) |
contacting an official by other means, and |
| |
(ii) |
by providing the information referred to in section 24; |
| |
(e) |
the person takes all necessary precautions to ensure the fire is contained in the burn area. |
| |
| |
(2) |
A person who lights, fuels or uses a resource management open fire on a burn area must ensure that the fire is extinguished by the date specified by the official or person who issued the burn registration number. |
| |
| |
(3) |
Without limiting subsection (1) or (2), a person who lights, fuels or uses a resource management open fire must |
| |
(a) |
do so in accordance with the applicable approved burn plan, and |
| |
(b) |
ensure that the fire does not escape. |
| |
| |
(4) |
If a resource management open fire spreads beyond the burn area or otherwise becomes out of control, the person who lit, fueled or used the fire |
| |
(a) |
immediately must carry out fire control and extinguish the fire if practicable, and |
| |
(b) |
as soon as practicable must report the fire as described in section 2 of the Act. |
| |
| |
(5) |
A person to whom subsection (4) applies may discontinue carrying out fire control if relieved from doing so by an official. |
| |
| |
| |
Burn registration number |
| |
24 |
(1) |
The following is the information to be provided under section 22 (1) (c) (ii) and 23 (1) (d) (ii): |
| |
(a) |
the name, address, and telephone or facsimile number, or other means of immediate contact, of the person who proposes to light, fuel or use the open fire; |
| |
(b) |
the whereabouts of the parcel of land that contains the proposed burn area, including a legal description of the parcel if available; |
| |
(c) |
the category of the proposed open fire; |
| |
(d) |
other information relating to the proposed open fire that the official or the person answering the telephone number requires. |
| |
| |
(2) |
A person answering the burn registration telephone number or an official who receives an application from a person in accordance with subsection (1) may |
| |
(a) |
assign a burn registration number to the person unless the proposed open fire has been prohibited or restricted under section 10 of the Act, and |
| |
(b) |
specify a date on or before which the open fire must be extinguished. |
| |
| |
(3) |
A person who has been assigned a burn registration number must provide it to an official immediately on request. |
| |
| |
| PART 5 - EXEMPTIONS |
| |
| |
| |
Exemptions from certain regulations |
| |
25 |
(1) |
An official's authority under section 72 (3) of the Act to exempt a person from a provision of a regulation made under 72 (2) of the Act is restricted as follows: |
| |
(a) |
the official must not grant the exemption unless satisfied that compliance by the person with that provision is not practicable in the applicable circumstances; |
| |
(b) |
the official must be satisfied that any |
| |
(i) |
conditions, or |
| |
(ii) |
alternative requirements |
| |
|
specified under section 72 (3) of the Act are appropriate having regard to the subject matter of that provision and the applicable circumstances. |
| |
| |
(2) |
A person exempted under this section by an exemption made subject to conditions or to alternative requirements must comply with the conditions or alternative requirements. |
| |
| |
| |
Exemptions from certain provisions of the Act |
| |
26 |
(1) |
An official is authorized to exempt a person from section 5, 6 or 7 of the Act if satisfied that the exemption is necessary or desirable because the provision that will be the subject of the exemption is inappropriate, given the circumstances or conditions applicable to an area or to the operations of the person to be exempted. |
| |
| |
(2) |
In making an exemption under this section the official may make the exemption subject to conditions. |
| |
| |
(3) |
A person exempted under this section by an exemption made subject to conditions must comply with the conditions. |
| |
| |
| |
Process respecting exemptions |
| |
27 |
|
An exemption referred to in section 25 or 26 must |
| |
(a) |
be in writing, |
| |
(b) |
specify the matter to which it relates, |
| |
(c) |
specify when the exemption comes into effect, and |
| |
(d) |
be delivered to the exempted person. |
| |
| |
| PART 6- COST RECOVERY AND REMEDIES |
| |
| |
| Division 1 - Determinations |
| |
| |
| |
Definitions |
| |
28 |
|
In section 29: |
| |
|
|
"cost sharing agreement" means an agreement between the government and a person in which |
| |
(a) |
the person agrees to pay to the government an amount of money, and |
| |
(b) |
the government agrees to either reduce or eliminate the costs it incurs in carrying out fire control in respect of a fire that is the responsibility of the person; |
| |
|
|
"service agreement" means an agreement between the government and a person in which |
| |
(a) |
the person agrees to pay to the government an amount of money, and |
| |
(b) |
subject to section 8 of the Act, the government agrees to |
| |
(i) |
carry out fire control services in respect of a fire that is the responsibility of the person, and |
| |
(ii) |
either reduce or not recover the government's costs determined under section 25 (1) (a) or 27 (1) (b) of the Act incurred in carrying out fire control for a fire that is the responsibility of the person. |
| |
| |
| |
Circumstances for not seeking cost recovery |
| |
29 |
|
The circumstances in which the minister, under section 25 (2) or 27 (1) (d) of the Act, may not by order require a person to pay to the government the government's fire control costs determined under section 25 (1) (a) or 27 (1) (b) of the Act are that the person, through their acts or omissions, did not willfully cause or contribute to the start or spread of the fire, and |
| |
(a) |
before the government has carried out fire control for the fire that gives rise to the government's costs, |
| |
(i) |
the person has entered into a cost sharing agreement or a service agreement with the government, |
| |
(ii) |
the agreement is in effect at the time of the fire, and |
| |
(iii) |
any failure of the person to act in accordance with the agreement did not directly or indirectly cause or contribute to the start or spread of the fire, or |
| |
(b) |
the fire that gives rise to the government's costs results from timber harvesting, silviculture treatments, road construction, road maintenance or road deactivation by a person who |
| |
(i) |
is the holder of an agreement or licence under the Forest Act, and |
| |
(ii) |
as of the date of the fire, is not in arrears for the annual rent payable for the agreement or licence under the Annual Rent Regulation, B.C. Reg. 122/2003. |
| |
| |
| |
Determination of damages |
| |
30 |
|
For the purposes of section 25 (1) (b) and 27 (1) (c) of the Act, the manner in which the dollar value of |
| |
(a) |
Crown timber, if it is mature timber, is to be calculated is by ascertaining the amount of stumpage applicable to that timber under the Forest Act and assigning that amount as the dollar value for that timber, |
| |
(b) |
Crown timber, if it is not mature timber, is to be calculated by determining |
| |
(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, |
| |
(ii) |
the average age of the timber when damaged or destroyed, |
| |
(iii) |
the area over which the damage and destruction occurred, |
| |
(iv) |
the extent of the damage and destruction, and |
| |
(v) |
either of |
| |
(A) |
the species composition of the stand of the timber when the fire occurred, or |
| |
(B) |
the biogeoclimatic zone, subzone and variant of the area over which the damage and destruction occurred |
| |
|
and assigning the amount that the minister considers reasonable as the dollar value of the timber after taking into account the matters set out in subparagraphs (i) to (v). |
| |
(c) |
other forest land resources is to be calculated is by multiplying the number of hectares of other forest land resources damaged or destroyed, |
| |
(i) |
if in a protected area or an area that is the subject of an order under sections 7, 8, 10, 12, 14 or 15 of the Government Actions Regulation, by $5 000, or |
| |
(ii) |
if in any other area, by $1 000 |
| |
|
and then assigning the product obtained as the dollar value for those other forest land resources, |
| |
(d) |
grass land resources is to be calculated is by multiplying by $500 the number of hectares of grass land damaged or destroyed and then assigning the product obtained as the dollar value for those grass land resources, and |
| |
(e) |
other property is to be calculated is by ascertaining the amount of the replacement value of that property and then assigning that amount as the dollar value for that property. |
| |
| |
| |
Determination of government fire control costs |
| |
31 |
(1) |
For the purposes of section 25 (1) (a) and 27 (1) (b) of the Act, the manner in which the amount of the government's fire control costs in respect of a particular fire is to be calculated is |
| |
(a) |
by ascertaining the sum of the following costs, expenditures and charges that are attributable to the fire: |
| |
(i) |
hourly wages and overtime wages of responding employees, including payroll loading costs; |
| |
(ii) |
distance charges for use of government and private vehicles; |
| |
(iii) |
food, transportation and accommodation expenditures; |
| |
(iv) |
costs for expendable supplies and materials consumed; |
| |
(v) |
air tanker fuel costs and flight costs; |
| |
(vi) |
helicopter fuel costs and flight costs; |
| |
(vii) |
aircraft basing charges (preparedness) for contracted aircraft; |
| |
(viii) |
retardant and other suppressant costs; |
| |
(ix) |
rent on use of equipment; |
| |
(x) |
replacement, repair or cleaning of damaged or used vehicles or equipment, directly resulting from the fire control; |
| |
(xi) |
private goods and services contracted, hired, rented or purchased; |
| |
(xii) |
investigation, research and analysis services related to |
| |
(A) |
post-incident evaluation, |
| |
(B) |
contingency plan reviews, and |
| |
(C) |
other incident follow-up activities; |
| |
(xiii) |
consulting and other professional charges; |
| |
(xiv) |
rehabilitation and/or slope stabilization costs, and |
| |
(b) |
by adding to the sum ascertained under paragraph (a) for overhead an amount equal to the greater of |
| |
(i) |
$200, and |
| |
(ii) |
20% of the amount determined under paragraph (a) |
| |
|
to arrive at the total dollar amount of the government's fire control costs for the fire. |
| |
| |
(2) |
The rates to be charged for the purposes of subsection (1) (a) are, |
| |
(a) |
for wages, |
| |
(i) |
the rates, if any, that |
| |
(A) |
are applicable and in effect in the part of British Columbia in which the particular fire occurs, and |
| |
(B) |
have been established as terms and conditions of employment by collective agreement or by another method, |
| |
(ii) |
if the minister is satisfied that the person to be paid is |
| |
(A) |
an employee who immediately before carrying out the compensable fire control was paid at greater rates of remuneration than the rates under subparagraph (i), or |
| |
(B) |
an employer who carried out the compensable fire control through employees and was paying employees at greater rates of remuneration than the rates under subparagraph (i), |
| |
|
the rates agreed to between the minister and the person, or |
| |
(iii) |
in the absence of rates as described in subparagraph (i) or (ii), the rates set out in Schedule 4, and |
| |
(b) |
for use of equipment, |
| |
(i) |
the rates, if any, for that type of equipment that are set out in the Equipment Rental Rate Guide authorized by the government, as amended or reissued from time to time, |
| |
(ii) |
if the minister is satisfied that the equipment supplier's costs for the equipment used in carrying out the fire control are at rates greater than those referred to in subparagraph (i), at rates agreed to between the minister and the supplier, or |
| |
(iii) |
in the absence of rates as described in subparagraph (i) or (ii), reasonable rates to be approved by the minister. |
| |
| |
| |
Prescribed categories of leases |
| |
32 |
|
Leases from the government under the Land Act of Crown land for purposes other than for grazing, aquaculture, float homes or private moorage are the prescribed categories of leases for the purposes of section 25 (2) (a) of the Act. |
| |
| |
| Division 2 - Administrative Penalties and Offences |
| |
| |
| |
Administrative penalties |
| |
33 |
(1) |
The maximum amount of an administrative penalty that may be levied under section 27 (1) (a) of the Act for contraventions of this regulation is |
| |
(a) |
$100 000 for the contravention of section 6 (2), (3) or (4), 9, 13 (1), 19 (2) or (3), 20 (2) or (3), 21 (2), (3), (5) or (6), 22 (3), (4), (6) or (7), 23 (3) or (4), 25 (2) or 26 (3), and |
| |
(b) |
$10 000 for the contravention of section 4, 5, 7, 8, 11 (4), 16, 22 (2) or 23 (2). |
| |
| |
(2) |
The maximum amount of an administrative penalty that may be levied under section 27 (1) (a) of the Act for contraventions of the Act is |
| |
(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 |
| |
(b) |
$10 000 for the contravention of section 2, 3 (1) or (2) (a) or (b), 5 (1) or (2) (a) or (b), 10 (3) or (4), 11 (2), 12 (2) (a) or (b), 13 (2) or 16 (2). |
| |
| |
| |
Offences |
| |
34 |
(1) |
A person who contravenes section 6 (2), (3) or (4), 9, 10, 12 (2), 13 (1), 19 (2) or (3), 20 (2) or (3), 21 (2), (3), (5) or (6), 22 (3), (4), (6) or (7), 23 (3) or (4), 25 (2) or 26 (3) commits an offence and is liable on conviction to a fine not exceeding $100 000 or to imprisonment for not more than one year or to both. |
| |
| |
(2) |
A person who contravenes section 4, 5, 7, 11 (4), 16, 22 (2), 23 (2) or 24 (3) commits an offence and is liable on conviction to a fine not exceeding $10 000. |
