HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Part 1 — Interpretation

Definitions

1  In this Act:

"administrative penalty" means a penalty referred to in section 68 (1) (a);

"agreement with government" includes

(a) a permit, licence or other authorization issued or granted by the government, and

(b) a Forest Act agreement;

"all-terrain vehicle" has the same meaning as "all terrain vehicle" in the Motor Vehicle (All Terrain) Act;

"appeal tribunal" means the Resource Road Appeal Tribunal established under section 83;

"applicable ministers" means the following ministers:

(a) the minister charged with the administration of this Act;

(b) the minister charged with the administration of the Forest Act;

(c) the minister charged with the administration of the Land Act;

(d) the minister charged with the administration of the Mines Act;

(e) the minister charged with the administration of the Oil and Gas Commission Act;

"authority" means the Resource Road Authority established under section 2, and, when used in relation to circumstances to which a delegation or subdelegation under section 6 applies, includes the delegate;

"authorized right of way", in relation to a resource road that has been or may be constructed or modified under a road authorization, means

(a) the area that is shown or described in the road authorization as the right of way within which the resource road may be constructed or modified, or

(b) if the road authorization applicable to a resource road that was constructed before the coming into force of section 14 does not show or describe the area within which the resource road may be constructed or modified, the area that is the prescribed distance on either side of the centre line of the resource road;

"board" means the Forest Practices Board continued under the Forest and Range Practices Act;

"Crown land" has the same meaning as in the Land Act, but does not include land owned by an agent of the government;

"Crown timber" means timber on Crown land, and, if Crown land is disposed of but the timber on that land is, despite the disposition of the land, reserved to the government, includes that reserved timber;

"cutting permit" means a permit issued under a Forest Act agreement that authorizes timber harvesting activities;

"dated deactivation condition" means a term or condition referred to in section 40 (1) (a), and includes a requirement referred to in section 35 (1) (b) (i) or (iv) that is deemed under section 35 (2) (a) or (d) (ii) to be a dated deactivation condition;

"deactivate", in relation to a resource road, means deactivate in accordance with section 46 (1) and (2);

"deactivation condition" means a term or condition referred to in section 40 (1) (b) or (c) (i), and includes a requirement referred to in section 35 (1) (b) (ii) or (iv) that is deemed under section 35 (2) (b) or (d) (i) to be a deactivation condition;

"designated maintainer" means, in relation to a resource road, the person who, under section 35 (1), is required to maintain the resource road;

"determination" means any act, decision, procedure, levy, finding, authorization, direction, order or other determination made under this Act by the authority;

"Forest Act agreement" means

(a) an agreement referred to in section 12 of the Forest Act, or

(b) an agreement entered into before April 1, 2003 under Division 7 of Part 3 of the Forest Act;

"forest holder" means a person who holds

(a) a Forest Act agreement, and

(b) a road authorization;

"forest service road" means a road on Crown land that, immediately before the coming into force of section 14, was a forest service road under the Forest Act;

"highway" has the same meaning as in the Transportation Act;

"industrial purpose" means

(a) the extraction, development or production of natural resources,

(b) the conduct of a prescribed commercial operation or activity,

(c) the construction of facilities to be used for, or the maintenance or removal of facilities used for,

(i) the extraction, development or production of natural resources, or

(ii) the conduct of a prescribed commercial operation or activity,

(d) reclamation, site rehabilitation or silviculture activities that

(i) involve the use of heavy equipment, and

(ii) are associated with areas from which natural resources have been extracted or on which natural resources have been produced or developed,

(e) any other use, activity or purpose included in this definition by regulation, or

(f) the provision of access to an area or site for any of the uses, activities or purposes referred to in paragraph (a), (b), (c), (d) or (e),

but does not include any use, activity or purpose excluded from this definition by regulation;

"maintain", in relation to a resource road, means maintain in accordance with section 36;

"maintenance condition" means

(a) a dated deactivation condition,

(b) a deactivation condition, or

(c) a surrender condition;

"minister" means a member of the Legislative Assembly who is appointed to the Executive Council of British Columbia;

"motor vehicle" means a vehicle that is

(a) intended to be self propelled, and

(b) designed primarily for travel on land on surfaces other than rails;

"natural resources" does not include produce, crops, game or prescribed resources;

"non-maintaining user" means, in relation to a resource road, a person who

(a) holds a road authorization applicable to the resource road, and

(b) is not the designated maintainer of that resource road;

"petroleum development road" has the same meaning as in the Petroleum Development Road Regulation, B.C. Reg. 356/1998, as that regulation read immediately before the coming into force of section 14;

"resource road" means a road or portion of a road on Crown land if

(a) the road or portion of a road is used or required for an industrial purpose,

(b) the road or portion of a road was constructed before the coming into force of section 14 under

(i) a road permit granted under section 115 of the Forest Act,

(ii) a cutting permit,

(iii) a special use permit,

(iv) a timber sale licence, within the meaning of Division 3 of Part 3 of the Forest Act, that does not provide for cutting permits, or

(v) an authorization granted under the Land Act, other than an authorization granted for a prescribed purpose,

(c) immediately before the coming into force of section 14, the road or portion of a road was

(i) a forest service road,

(ii) a petroleum development road,

(iii) authorized under section 7 of the Petroleum and Natural Gas Act, or

(iv) an access road within the meaning of the Mining Right of Way Act, or

(d) the road or portion of a road is prescribed for the purposes of this definition,

and includes bridges, culverts, fords and other structures and works associated with a road or portion of a road referred to in paragraph (a), (b), (c) or (d) but does not include

(e) a highway,

(f) any road or portion of a road that is excluded from this definition by regulation, or

(g) any road within a class of roads or any portion of a road within a class of portions of roads, if that class of roads or class of portions of roads is excluded from this definition by regulation;

"resource road permit" means a permit issued under section 16 (1), (2) or (3);

"reviewable determination" means a determination other than a prescribed determination;

"road authorization" means

(a) a resource road permit,

(b) that portion of a special use permit that relates to a resource road if the special use permit was in effect immediately before the coming into force of section 14 of this Act,

(c) that portion of a permit, under section 14 (1) (c) of the Land Act, that relates to a resource road if the permit was in effect immediately before the coming into force of section 14 of this Act,

(d) that portion of a licence of occupation, issued under section 39 of the Land Act, that relates to a resource road if the licence of occupation was in effect immediately before the coming into force of section 14 of this Act,

(e) a road permit or road use permit, granted under the Forest Act, if the road permit or road use permit was in effect immediately before the coming into force of section 14 of this Act,

(f) an application for a petroleum development road granted under section 5 of the Petroleum Development Road Regulation, B.C. Reg. 356/1998, if the granted application was in effect immediately before the coming into force of section 14,

(g) an authorization under section 22.1 of the Forest and Range Practices Act to use a resource road if the authorization was in effect immediately before the coming into force of section 14 of this Act, or

(h) any other prescribed agreement with government,

but does not include any agreement with government that is excluded from this definition by regulation;

"road prism", in relation to a road, means an area consisting of the road surface and any cut slope, ditch and road fill;

"special use permit" means a permit issued under section 9 of the Provincial Forest Use Regulation, B.C. Reg. 176/1995;

"specified holder" means a person who holds

(a) a prescribed agreement with government that is not a Forest Act agreement, and

(b) a road authorization;

"surrender condition" means a term or condition referred to in section 40 (1) (c) (ii), and includes a requirement referred to in section 35 (1) (b) (iii) that is deemed under section 35 (2) (c) to be a surrender condition;

"timber" means trees, whether standing, fallen, living, dead, limbed, bucked or peeled;

"written" or "in writing" includes written messages transmitted electronically.

Part 2 — Resource Road Authority

Establishment of Resource Road Authority

2  (1) The Resource Road Authority is established consisting of the persons appointed under subsection (2).

(2) The Resource Road Authority consists of a chair, one or more vice-chairs and other persons the Lieutenant Governor in Council may appoint.

(3) Appointments of the members of the Resource Road Authority under subsection (2) may be for a term of up to 3 years and may be renewed for one or more additional terms.

(4) Subject to any Treasury Board Directives, the minister charged with the administration of this subsection may determine the remuneration, reimbursement of expenses and other conditions of employment of the members of the Resource Road Authority.

Organization of Resource Road Authority

3  (1) The chair of the Resource Road Authority may organize the Resource Road Authority into panels, each composed of one or more members.

(2) Subject to subsection (4), the members of the Resource Road Authority may sit

(a) as the Resource Road Authority, or

(b) as a panel of the Resource Road Authority,

and 2 or more panels may sit at the same time.

(3) Subject to subsection (4), if one or more members of the Resource Road Authority sit as a panel,

(a) the panel has the jurisdiction of, and may exercise the powers and perform the duties of, the authority, and

(b) a determination of the panel is a determination of the authority.

(4) The powers of the Resource Road Authority under section 6 (1) must be exercised by the Resource Road Authority and, without limiting this, a panel organized under subsection (1) of this section

(a) has no jurisdiction to exercise any power that may be exercised by the Resource Road Authority under section 6,

(b) must not exercise any power or perform any duty that may be exercised or performed by the Resource Road Authority under section 6, and

(c) must not make any determination that may be made by the Resource Road Authority under section 6.

Fiscal year of Resource Road Authority

4  The fiscal year of the Resource Road Authority is the period beginning on April 1 and ending on the following March 31.

Resource Road Authority staff

5  (1) The Resource Road Authority may appoint officers and employees that the Resource Road Authority considers necessary to exercise the powers and perform the duties of the authority and may define their duties and determine their remuneration.

(2) The Public Service Act and the Public Service Labour Relations Act do not apply to the Resource Road Authority or to its officers or employees.

(3) Despite subsection (2), the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the Resource Road Authority and to its officers and employees.

(4) In accordance with the regulations, the Resource Road Authority may engage or retain specialists, consultants and auditors that the Resource Road Authority considers appropriate to exercise the powers and perform the duties of the authority and may determine their remuneration.

(5) The Public Service Act does not apply to the engagement, retention or remuneration of specialists, consultants and auditors engaged or retained under subsection (4).

Authority may delegate

6  (1) The Resource Road Authority may, in writing, do one or more of the following:

(a) delegate a power or duty of the authority under this Act, including a quasi-judicial power or duty but excluding a prescribed power or duty, to one or more of the following or to a panel composed of one or more of the following:

(i) a minister;

(ii) a person or class of persons employed under the Public Service Act;

(iii) a person or class of persons appointed under section 5 (1) of this Act;

(iv) an agent of the government;

(v) the commissioner appointed under the Oil and Gas Commission Act;

(vi) a prescribed person or class of persons;

(b) provide directions that are binding on the delegate respecting the exercise of the power or the performance of the duty;

(c) vary or revoke a delegation or direction.

(2) A delegation under subsection (1) may be made generally or in relation to one of more of the following:

(a) particular circumstances;

(b) particular periods;

(c) particular geographic areas;

(d) particular persons or classes of persons.

(3) In prescribed circumstances, a person or a panel of persons to whom a power or duty has been delegated under subsection (1) may, unless restricted by that delegation from doing so, subdelegate the power or duty to one or more of the following or to a panel composed of one or more of the following:

(a) a minister;

(b) a person or class of persons employed under the Public Service Act;

(c) a person or class of persons appointed under section 5 (1) of this Act;

(d) an agent of the government;

(e) the commissioner appointed under the Oil and Gas Commission Act;

(f) a prescribed person or class of persons.

(4) A record, purporting to have been signed by a person in the person's capacity

(a) as the authority,

(b) if the authority is the Resource Road Authority, as a member of the Resource Road Authority, or

(c) if the authority is a panel of persons, as a member of that panel,

that certifies that a delegation or subdelegation has been effected under this section,

(d) is admissible as evidence of the delegation or subdelegation without proof of the signature or official character of the person appearing to have signed the record, and

(e) is proof of the matter certified.

Mandate of authority

7  The authority must administer this Act in accordance with the powers and duties applicable to it as set out in this Act.

Reporting requirements

8  (1) Promptly after the end of a fiscal year of the Resource Road Authority, the chair of the Resource Road Authority must give to the applicable ministers an annual report summarizing the authority's activities, including the authority's enforcement activities, in that fiscal year.

(2) The applicable ministers must ensure that the report referred to in subsection (1) is laid before the Legislative Assembly promptly after its receipt.

Part 3 — Limitations on Construction, Modification, Maintenance and Use of Resource Roads

Restrictions on construction, modification or maintenance of resource roads

9  (1) A person must not construct, modify or maintain a resource road unless the person is

(a) the government,

(b) a holder of a road authorization that authorizes or requires the construction, modification or maintenance,

(c) otherwise authorized in writing to do so, or ordered to do so, by the authority, or

(d) otherwise authorized to do so under this Act.

(2) For the purposes of subsection (1) (b), if a road authorization authorizes its holder to maintain a resource road, the holder is authorized to modify the resource road within the authorized right of way unless

(a) the authority amends the holder's road authorization under section 27 (b) to remove the authorization to modify the resource road, or

(b) the authority, by order under another provision of this Act, removes that authorization to modify the resource road.

Restrictions on use of resource roads for industrial purposes

10  Except in prescribed circumstances, a person must not use a resource road for an industrial purpose unless the person is

(a) the government,

(b) the holder of a road authorization that authorizes the person to use the resource road for the industrial purpose,

(c) otherwise authorized in writing to do so, or ordered to do so, by the authority, or

(d) otherwise authorized to do so under this Act.

When compensation for use may be payable

11  A holder of a road authorization applicable to a resource road must not request or obtain money or any other benefit or compensation from any person using or wishing to use the resource road unless,

(a) in the case of a person using or wishing to use the resource road for a purpose that is not an industrial purpose, the regulations otherwise provide, or

(b) in the case of a person using or wishing to use the resource road for an industrial purpose,

(i) the money, benefit or compensation is sought in accordance with section 38 or 39, or

(ii) the regulations otherwise provide.

No works on resource road right of way without authorization

12  (1) A person must not create, on any part of a resource road's authorized right of way, works that are not authorized by a road authorization applicable to the resource road unless

(a) the person is the government,

(b) the authority has given its prior written authorization to the creation,

(c) the person is ordered to do so by the authority,

(d) the works are created in relation to a prescribed circumstance, or

(e) the person

(i) is authorized to do so under this Act, or

(ii) was, immediately before the coming into force of this section, authorized to do so under another enactment.

(2) To obtain an authorization referred to in subsection (1) (b), a person must

(a) submit an application

(i) in a form approved by the authority, and

(ii) that contains the information and records referred to in subsection (3), and

(b) submit with the application

(i) the prescribed fee, if any, and

(ii) the prescribed type and amount of security, if any.

(3) A person making an application for an authorization referred to in subsection (1) (b) must include the following in the application:

(a) a description of the works to be created;

(b) a map satisfactory to the authority that indicates the location of the works in relation to the resource road;

(c) information respecting when the creation of the works is to begin and the date by which creation of the works is to be completed;

(d) any other prescribed information and records.

(4) After receiving an application for an authorization referred to in subsection (1) (b), the authority may authorize the applicant to create the works referred to in the application if the authority is satisfied that the application

(a) is consistent with the prescribed criteria, if any,

(b) meets the requirements of subsections (2) (a) and (3), and

(c) is accompanied by the fee, if any, and the security, if any, required under subsection (2) (b).

(5) Before creating works on any part of a resource road's authorized right of way, a person who is authorized under subsection (1) (b), (c), (d) or (e) to create those works must,

(a) in the case of a person who receives an authorization under subsection (1) (b) or (c), give notice to the persons, and in the manner, set out by the authority in the authorization, or

(b) in the case of

(i) a person referred to in subsection (1) (b) or (c) who receives an authorization or order that does not set out the persons to whom and the manner in which notice is to be given, or

(ii) a person referred to in subsection (1) (d) or (e),

give notice to the persons, and in the manner, set out in the regulations.

(6) A person who creates works on any part of a resource road's authorized right of way under an authorization referred to in subsection (1) (b), (c), (d) or (e) must ensure that

(a) the works are created in accordance with

(i) this Act,

(ii) the regulations, and

(iii) any terms and conditions imposed under section 104, and

(b) the works, or anything held in or carried by the works, do as little damage as possible to the resource road.

Restrictions on connecting roads

13  (1) A person must not connect a road or driveway to a resource road unless

(a) the person is the government,

(b) the authority has given its prior written authorization to the connection,

(c) the person is authorized to construct the connection by the person's road authorization,

(d) the resource road is prescribed for the purposes of this section, or

(e) the person

(i) is authorized to do so under this Act, or

(ii) was, before the coming into force of this section, authorized to do so under another enactment.

(2) To obtain an authorization referred to in subsection (1) (b), a person must

(a) submit an application

(i) in a form approved by the authority, and

(ii) that contains the information and records referred to in subsection (3), and

(b) submit with the application

(i) the prescribed fee, if any, and

(ii) the prescribed type and amount of security, if any.

(3) A person making an application for an authorization referred to in subsection (1) (b) must include the following in the application:

(a) a map satisfactory to the authority that indicates the road or driveway and the location of its connection to the resource road;

(b) information regarding the use to which the connected road or driveway will be put;

(c) any other prescribed information and records.

(4) After receiving an application for an authorization referred to in subsection (1) (b), the authority may

(a) authorize the applicant to connect the road or driveway to the resource road if the authority is satisfied that the application

(i) is consistent with the prescribed criteria, if any,

(ii) meets the requirements of subsections (2) (a) and (3), and

(iii) is accompanied by the fee, if any, and the security, if any, required under subsection (2) (b), and

(b) without limiting section 104 or paragraph (a) of this subsection, authorize the applicant to modify the resource road if and to the extent provided by the authority in the authorization.

(5) A person who connects a road or driveway to a resource road under an authorization referred to in subsection (1) (b), (c), (d) or (e) must do so in accordance with

(a) this Act,

(b) the regulations, and

(c) any terms and conditions imposed under section 104.

(6) Without limiting Division 3 of Part 4 of the Transportation Act and section 62 of that Act, a person must not connect a resource road to a highway unless the person has first obtained, from the minister charged with the administration of the Transportation Act, written authorization under section 62 of that Act for the connection.

Part 4 — Resource Road Permits

Division 1 — Obtaining Resource Road Permits

Applications

14  (1) To apply for a resource road permit, a person must

(a) submit an application

(i) in a form approved by the authority, and

(ii) that contains the information and records referred to in subsection (2), and

(b) submit with the application

(i) the prescribed fee, if any, and

(ii) the prescribed type and amount of security, if any.

(2) A person making an application for a resource road permit must include the following in the application:

(a) for each resource road to which the resource road permit is to apply, information that identifies, in accordance with the regulations,

(i) the resource road, and

(ii) how the applicant intends to use the resource road, including the nature and extent of that use;

(b) if

(i) the application is to authorize the applicant to construct one or more resource roads, or

(ii) the application is to authorize the applicant to modify one or more resource roads and the authorized right of way must be altered to accommodate the modifications,

for each resource road to be constructed or modified, a map satisfactory to the authority that indicates the area the applicant wishes to have shown or described in the resource road permit as the right of way within which the resource road is to be constructed or modified;

(c) any other prescribed information and records.

Eligibility

15  The authority may determine that a person is ineligible to receive a resource road permit if

(a) the person is a party to an agreement with government that does or could in some way relate to a resource road,

(b) one of the following applies:

(i) one or more rights of the person under the agreement with government are under suspension;

(ii) the person is not in compliance with

(A) a requirement of the agreement with government, or

(B) a requirement of the enactment under which the agreement with government was made, and

(c) the authority is satisfied that, because of the suspension referred to in paragraph (b) (i) or the nature and extent of the non-compliance referred to in paragraph (b) (ii), it is not appropriate for the person to receive a resource road permit.

Issuing resource road permit

16  (1) After receiving an application for a resource road permit, the authority, subject to subsection (4), may issue a permit to the applicant if

(a) the authority is satisfied that the application

(i) is consistent with the prescribed criteria,

(ii) meets the requirements of section 14 (1) (a) and (2), and

(iii) is accompanied by the fee, if any, and the security, if any, required under section 14 (1) (b),

(b) the authority is satisfied that the applicant meets the requirements prescribed for the purposes of this subsection,

(c) the authority has not determined, under section 15, that the applicant is ineligible to receive a permit, and

(d) in the case of a permit that authorizes construction of a resource road, the authority is satisfied that

(i) the applicant is authorized under an agreement with government to pursue an industrial purpose or has a prescribed authorization, and

(ii) the construction of the resource road is necessary to give effect to the authorization referred to in subparagraph (i) of this paragraph.

(2) Despite subsection (1), after receiving a resource road permit application in relation to one or more resource roads from a holder of one or more prescribed Forest Act agreements, the authority, subject to subsection (4), must issue a permit to the applicant in relation to those resource roads if

(a) the authority is satisfied that the application

(i) is consistent with the prescribed criteria, if any,

(ii) meets the requirements of section 14 (1) (a) and (2), and

(iii) is accompanied by the fee, if any, and the security, if any, required under section 14 (1) (b),

(b) the authority is satisfied that the applicant meets the requirements prescribed for the purposes of this subsection,

(c) the authority has not determined, under section 15, that the applicant is ineligible to receive a permit, and

(d) the authority is satisfied that there is, for each of the resource roads in relation to which the permit is to be issued, a relationship between one or more of the Forest Act agreements and that resource road.

(3) Despite subsection (1), after receiving a resource road permit application in prescribed circumstances, the authority, subject to subsection (4), must issue a permit to the applicant if

(a) the authority is satisfied that the application

(i) is consistent with the prescribed criteria, if any,

(ii) meets the requirements of section 14 (1) (a) and (2), and

(iii) is accompanied by the fee, if any, and the security, if any, required under section 14 (1) (b),

(b) the authority is satisfied that the applicant meets the requirements, if any, prescribed for the purposes of this subsection, and

(c) the authority has not determined, under section 15, that the applicant is ineligible to receive a permit.

(4) If the authority determines that the issuance of a resource road permit would compromise government objectives as specified by the regulations, the authority must refuse the application for the resource road permit.

Content of resource road permit

17  (1) A resource road permit must do the following:

(a) for each resource road to which the resource road permit applies, specify, in accordance with the regulations, the nature and extent of the use of the resource road that is authorized by the resource road permit;

(b) if

(i) the resource road permit is to authorize construction of a resource road, or

(ii) the resource road permit is to authorize modification of a resource road and the authorized right of way must be altered to accommodate the modifications,

show or describe, as the right of way within which the resource road may be constructed or modified, an area that the authority is satisfied is appropriate for the uses for which the resource road permit is issued;

(c) include any maintenance conditions the authority considers should be or must be attached to the resource road permit;

(d) except in prescribed circumstances, if the authority is satisfied that Crown timber must be felled in order to enable construction, modification, maintenance or deactivation authorized or required by the resource road permit, authorize the holder to do one or both of the following in accordance with the regulations and the resource road permit:

(i) fell Crown timber in some or all of the authorized right of way;

(ii) remove the felled Crown timber.

(2) Without limiting section 104, the authority may, in a resource road permit, set a period during which the resource road permit remains in effect.

(3) If a resource road permit includes an authorization to remove Crown timber from the authorized right of way under subsection (1) (d) of this section, Parts 5, 6, 7 and 11.1 of the Forest Act apply as if the holder of the resource road permit were the holder of a Forest Act agreement that required payment of stumpage.

Notification to designated maintainer

18  (1) If the authority issues a resource road permit in relation to a resource road and that resource road permit does not include a maintenance condition in relation to the resource road, the authority must notify the person to whom the resource road permit is issued of the identity of the designated maintainer, if any, of that resource road.

(2) A person to whom a resource road permit referred to in subsection (1) is issued in relation to a resource road must, at least the prescribed number of days before undertaking on the resource road any of the uses authorized for that resource road by the resource road permit, give to the designated maintainer, if any, of that resource road notice of

(a) the issuance of the resource road permit,

(b) the nature and extent of the person's proposed use of the resource road,

(c) the date on which the person intends to begin using the resource road and the anticipated period of that use,

(d) the term, if any, of the resource road permit,

(e) any modifications the person wishes the designated maintainer to make to the resource road, and

(f) any other prescribed information.

(3) Section 27 applies to any modification requested under subsection (2) (e) of this section.

Division 2 — Amendment of Road Authorizations

Applying for amendment of road authorization

19  (1) The authority may by order amend a road authorization

(a) on application by the holder of the road authorization, or

(b) in a circumstance set out in this Act or the regulations, on the authority's own motion.

(2) To apply for an amendment of a road authorization, a holder must

(a) submit an application

(i) in a form approved by the authority, and

(ii) that contains the information and records referred to in subsection (3), and

(b) submit with the application

(i) the prescribed fee, if any, and

(ii) the prescribed type and amount of security, if any.

(3) A person making an application for an amendment of a road authorization

(a) must, in the application,

(i) indicate the amendment being sought,

(ii) include information that identifies, in the prescribed manner, the resource road to which the amendment applies,

(iii) if

(A) the amendment is to authorize the applicant to construct one or more resource roads, or

(B) the amendment is to authorize modification of a resource road and the authorized right of way must be altered to accommodate the modifications,

include, for each resource road to be constructed or modified, a map satisfactory to the authority that indicates the area the applicant wishes to have shown or described in the amended road authorization as the right of way within which the resource road may be constructed or modified, and

(iv) if the amendment is to authorize the applicant to change the use of the resource road that is authorized by the road authorization, include, in accordance with the regulations, information on the use of the resource road that is to be authorized by the road authorization, including the nature and extent of that use, and

(b) must submit to the authority any other prescribed information and records.

Amendment of road authorization

20  (1) Subject to subsection (5), after receiving an application to amend a road authorization, the authority may by order amend the road authorization if

(a) the authority is satisfied that the application

(i) is consistent with the prescribed criteria,

(ii) meets the requirements of section 19 (2) (a) and (3), and

(iii) is accompanied by the fee, if any, and security, if any, required under section 19 (2) (b),

(b) the authority is satisfied that the amendment sought is consistent with this Act and the regulations,

(c) the authority is satisfied that the applicant meets the requirements prescribed for the purposes of this subsection,

(d) the authority has not determined, under section 15, that the applicant is ineligible to receive a permit, and

(e) in the case of an amendment to authorize construction of a resource road, the authority is satisfied that

(i) the applicant is authorized under an agreement with government to pursue an industrial purpose or has a prescribed authorization, and

(ii) the construction of the resource road is necessary to give effect to the authorization referred to in subparagraph (i) of this paragraph.

(2) Despite subsection (1), after receiving from a holder of one or more prescribed Forest Act agreements an application to amend the applicant's road authorization, the authority, subject to subsection (5), must by order amend the road authorization if

(a) the authority is satisfied that the application

(i) is consistent with the prescribed criteria,

(ii) meets the requirements of section 19 (2) (a) and (3), and

(iii) is accompanied by the fee, if any, and security, if any, required under section 19 (2) (b),

(b) the authority is satisfied that the amendment sought is consistent with this Act and the regulations,

(c) the authority is satisfied that the applicant meets the requirements prescribed for the purposes of this subsection,

(d) the authority has not determined, under section 15, that the applicant is ineligible to receive a permit, and

(e) the authority is satisfied that there is, for each of the resource roads in relation to which the amendment is to be made, a relationship between one or more of the Forest Act agreements and that resource road.

(3) Despite subsection (1), after receiving an application to amend a road authorization in prescribed circumstances, the authority, subject to subsection (5), must by order amend the road authorization if

(a) the authority is satisfied that the application

(i) is consistent with the prescribed criteria,

(ii) meets the requirements of section 19 (2) (a) and (3), and

(iii) is accompanied by the fee, if any, and security, if any, required under section 19 (2) (b),

(b) the authority is satisfied that the amendment sought is consistent with this Act and the regulations,

(c) the authority is satisfied that the applicant meets the requirements, if any, prescribed for the purposes of this subsection, and

(d) the authority has not determined, under section 15, that the applicant is ineligible to receive a permit.

(4) If the authority amends a road authorization to authorize the holder of the road authorization to use a resource road that the holder was not, before the amendment, authorized to use and the amended road authorization does not include a maintenance condition applicable to that resource road, the following apply as if the amendment of the road authorization were the issuance of a resource road permit in relation to the resource road:

(a) section 18 (1) and (3);

(b) section 18 (2).

(5) If the authority determines that the amendment of a road authorization would compromise government objectives as specified by the regulations, the authority must refuse the application to amend the road authorization.

Request for modifications

21  If a road authorization is amended in relation to a resource road, the holder of the road authorization may give, to the designated maintainer, if any, of the resource road, notice of any modifications the holder wishes the designated maintainer to make to the resource road, and section 27 applies.

Amendment of road authorization to surrender rights

22  (1) Without limiting any other power of the authority to amend a road authorization under this Part, the authority, on application, may by order amend a road authorization under this section in relation to a resource road if

(a) the holder of the road authorization is a non-maintaining user of the resource road, or

(b) the holder of the road authorization is the designated maintainer of the resource road and the maintenance condition applicable to the resource road is a surrender condition.

(2) A holder of a road authorization referred to in subsection (1) (b) must not make an application under this section unless the resource road meets the condition, if any, described under section 40 (2).

(3) To apply for an amendment of a road authorization under this section, the holder must submit an application

(a) in a form approved by the authority, and

(b) that contains the information and records referred to in subsection (4).

(4) A person making an application for an amendment of a road authorization under this section

(a) must include in the application

(i) information that identifies, in the prescribed manner, the resource road to which the amendment applies, and

(ii) if the person is a designated maintainer referred to in subsection (1) (b), a statement that the resource road meets the condition, if any, described under section 40 (2), and

(b) must submit to the authority any other prescribed information and records.

(5) After receiving an application under this section to amend a road authorization, the authority may by order amend the road authorization if the authority is satisfied that the application meets the requirements of subsections (3) and (4).

(6) An order under this section amending a road authorization must specify the date on which the amendment is to take effect and, on that date, the road authorization is amended

(a) to remove all of the authorizations that, under the road authorization, were provided to the holder in relation to the resource road, and

(b) subject to sections 49 and 50 (b) and Part 10, to remove

(i) all of the holder's obligations in relation to the resource road, including the maintenance condition, if any, and

(ii) any terms and conditions imposed by the road authorization on the holder in relation to the resource road.

(7) The specified date referred to in subsection (6) must fall within the period prescribed for the purposes of this subsection.

(8) If the authority amends a road authorization of a non-maintaining user under subsection (1) (a), the non-maintaining user must promptly give notice of that amendment to the designated maintainer of the resource road, if any.

(9) If the authority amends a road authorization of a designated maintainer under subsection (1) (b) and there are one or more non-maintaining users of that resource road, the authority

(a) may impose, under section 43, a maintenance condition in relation to the resource road on one of those non-maintaining users, or

(b) if a maintenance condition is not imposed, under section 43, in relation to the resource road on one of those non-maintaining users, must

(i) notify the non-maintaining users that there is no designated maintainer of the resource road, and

(ii) if section 38 (2) applies, notify them that that section applies.

(10) If, as a result of an amendment under subsection (1) of this section, there is no resource road to which the amended road authorization applies, the road authorization is deemed to expire on the specified date referred to in subsection (6).

Division 3 — Transfer of Road Authorization

Circumstances in which transfer may occur

23  (1) In prescribed circumstances, if a holder of a road authorization wishes to transfer the road authorization to another person, the person wishing to obtain the road authorization must apply to the authority.

(2) To apply for a transfer under subsection (1), a person must

(a) submit an application in accordance with the regulations

(i) in a form approved by the authority, and

(ii) that contains the information and records referred to in subsection (3), and

(b) submit with the application

(i) the prescribed fee, if any, and

(ii) the prescribed type and amount of security, if any.

(3) A person making an application for a transfer of a road authorization must submit to the authority

(a) a consent to the transfer from the holder of the road authorization, and

(b) any other prescribed information and records.

(4) Subject to subsection (8), after receiving an application under subsection (1) for a transfer of a road authorization, the authority may by order transfer the road authorization if

(a) the authority is satisfied that the application

(i) meets the requirements of subsections (2) (a) and (3), and

(ii) is accompanied by the fee, if any, and security, if any, required under subsection (2) (b),

(b) the authority is satisfied that the applicant meets the requirements prescribed for the purposes of this subsection,

(c) the authority has not determined, under section 15, that the applicant is ineligible to receive a resource road permit, and

(d) in the case of a road authorization that authorizes construction of a resource road, the authority is satisfied that

(i) the applicant is authorized under an agreement with government to pursue an industrial purpose or has a prescribed authorization, and

(ii) the construction of the resource road is necessary to give effect to the authorization referred to in subparagraph (i) of this paragraph.

(5) Despite subsection (4), after receiving an application under subsection (1) for the transfer of a road authorization that relates to one or more resource roads to a holder of one or more prescribed Forest Act agreements, the authority, subject to subsection (8), must by order transfer the road authorization to the applicant if

(a) the authority is satisfied that the application

(i) meets the requirements of subsections (2) (a) and (3), and

(ii) is accompanied by the fee, if any, and security, if any, required under subsection (2) (b),

(b) the authority is satisfied that the applicant meets the requirements prescribed for the purposes of this subsection,

(c) the authority has not determined, under section 15, that the applicant is ineligible to receive a resource road permit, and

(d) the authority is satisfied that there is, for each of the resource roads in relation to which the road authorization applies, a relationship between one or more of the Forest Act agreements and that resource road.

(6) Despite subsection (4), after receiving an application under subsection (1) for a transfer of a road authorization in prescribed circumstances, the authority, subject to subsection (8), must by order transfer the road authorization to the applicant if

(a) the authority is satisfied that the application

(i) meets the requirements of subsections (2) (a) and (3), and

(ii) is accompanied by the fee, if any, and security, if any, required under subsection (2) (b),

(b) the authority is satisfied that the applicant meets the requirements prescribed for the purposes of this subsection, and

(c) the authority has not determined, under section 15, that the applicant is ineligible to receive a resource road permit.

(7) After a transfer of a road authorization under this section, the person to whom the transfer was made must, for each resource road to which the road authorization applies, give notice of the transfer to,

(a) if the road authorization includes a maintenance condition in relation to the resource road, the non-maintaining users, or

(b) if the road authorization does not include a maintenance condition in relation to the resource road, the designated maintainer.

(8) If the authority determines that the transfer of a road authorization would compromise government objectives as specified by the regulations, the authority must refuse the application for the transfer.

Part 5 — Construction, Modification and Use
of Resource Roads

Division 1 — Construction and Modification of Resource Roads

Construction and modification of resource roads

24  A person who, being authorized or ordered to do so under section 9 (1) (b), (c) or (d), constructs or modifies a resource road must

(a) construct or modify the resource road in accordance with

(i) this Act,

(ii) the regulations, and

(iii) the person's road authorization, if any,

(b) make and keep prescribed records in accordance with the regulations, and

(c) submit prescribed reports to the authority in accordance with the regulations.

Construction and modification requirements applicable to all resource roads

25  Without limiting section 24, a person who, being authorized or ordered to do so under section 9 (1) (b), (c) or (d), constructs or modifies a resource road must, unless this Act or the regulations otherwise provide, ensure that

(a) the prescribed requirements respecting the following are complied with in relation to the construction or modification:

(i) the location of the resource road in relation to natural and other features in the authorized right of way;

(ii) the drainage patterns and revegetation in the authorized right of way;

(iii) the design and building of bridges, culverts, fords and other structures and works associated with the resource road;

(iv) the design and installation of culverts and other drainage structures associated with the resource road,

(b) the clearing width for the resource road complies with the regulations, and

(c) the road prism and all access structures related to the resource road are stable.

Requirement to construct resource road if new application for construction permit is sought

26  (1) In this section:

"applicant" means a person whose application for the issuance or amendment of a road authorization is referred to in subsection (2);

"holder" means a person, referred to in subsection (2), to whom a road authorization has been issued that authorizes construction of a resource road.

(2) If, after a person has been issued a road authorization that authorizes construction of a resource road in the authorized right of way applicable to that resource road, the authority receives an acceptable application from a person for the issuance of a resource road permit, or for the amendment of a road authorization, that is to authorize construction of a resource road in some or all of the same right of way, the authority must, if the holder has not yet completed construction of the resource road, give to the holder a notice that complies with subsection (3).

(3) A notice referred to in subsection (2) must

(a) advise the holder of the new application,

(b) indicate the period within which the authority believes construction of the resource road should be completed, and

(c) request the holder to advise the authority, in writing, within 2 weeks after the holder's receipt of the notice, of

(i) the date, within the period referred to in paragraph (b), by which the holder intends to complete construction of the resource road, or

(ii) if the holder intends to complete the construction of the resource road by some later date, the date by which the construction is to be completed and the reason that the construction cannot reasonably be completed within the period referred to in paragraph (b).

(4) After expiry of the 2-week period referred to in subsection (3), or after receipt of the holder's advice requested under that subsection, whichever is earlier, the authority may,

(a) if the holder has advised the authority that the holder will complete construction of the resource road by a specified date within the period referred to under subsection (3) (b) or by a later date referred to under subsection (3) (c) (ii) that the authority considers reasonable,

(i) order the holder to complete the construction by that date, and

(ii) do the following:

(A) if the applicant's application was for the issuance of a resource road permit, issue to the applicant a resource road permit that does not contain an authorization to construct some or all of the resource road;

(B) if the applicant's application was for the amendment of a road authorization, by order make the amendments sought by the application other than an amendment to include in the applicant's road authorization an authorization to construct some or all of the resource road, or

(b) if the holder does not provide the advice referred to in paragraph (a),

(i) do the following:

(A) if the applicant's application was for the issuance of a resource road permit, issue to the applicant a resource road permit that contains an authorization to construct some or all of the resource road;

(B) if the applicant's application was for the amendment of a road authorization, by order make the amendments sought by the application including the amendment to include in the applicant's road authorization an authorization to construct some or all of the resource road, and

(ii) order the applicant to complete the construction by the end of the period referred to in subsection (3) (b).

(5) If the authority issues a resource road permit to the applicant under subsection (4) (b) (i) (A) or amends the applicant's road authorization under subsection (4) (b) (i) (B), the authority must by order amend the holder's road authorization to remove the authorization to construct the portion of the resource road referred to in the applicant's road authorization under subsection (4) (b).

If designated maintainer does not make requested modifications to resource road

27  If a non-maintaining user of a resource road who has given a notice to the designated maintainer of any modifications the person wishes the designated maintainer to make to the resource road under section 18 (2) (e), 20 (4) (b), 21 or 32 (2) notifies the authority that the designated maintainer has not made the requested modifications,

(a) the authority, in prescribed circumstances, may by order amend the road authorization of the non-maintaining user to authorize that non-maintaining user, for a specified period, to make, to some or all of the resource road, the modifications requested under section 18 (2) (e), 20 (4) (b), 21 or 32 (2), and

(b) if the authority amends the non-maintaining user's road authorization under paragraph (a) of this section, the authority must by order amend the designated maintainer's road authorization to remove from the designated maintainer's road authorization the authorization, for the specified period, to modify the portion of the resource road referred to under paragraph (a).

Division 2 — Use of Resource Roads

Resource roads must be used safely

28  (1) A person who uses a resource road must do so

(a) with due regard for safety, having regard to all circumstances, including

(i) the nature and condition of the resource road, and

(ii) the use to which it is being put, including the amount of traffic that is, or might reasonably be expected to be, on it, and

(b) in a manner consistent with

(i) this Act and the regulations, and

(ii) the person's road authorization, if any.

(2) If a resource road is damaged as a result of a person's contravention of subsection (1), the authority may, in addition to any other remedy available at law, order the person to pay to the designated maintainer of the resource road, or, if none, to the government, the reasonable cost of repairing the damage.

Power to temporarily close resource road, restrict access or remove motor vehicles or animals

29  (1) In prescribed circumstances, the designated maintainer of a resource road or a prescribed person may, and, at any time, the authority may,

(a) temporarily close the resource road, or

(b) restrict persons from using the resource road for specified purposes or for specified activities.

(2) The designated maintainer of a resource road or the authority may remove a motor vehicle, animal or thing from the resource road at the expense of the owner of the motor vehicle, animal or thing if the designated maintainer or the authority believes that the presence on the resource road of the motor vehicle, animal or thing may

(a) cause damage to the resource road or the environment,

(b) endanger

(i) human life, or

(ii) property, or

(c) prevent or impede a person from using the resource road for an activity authorized under this Act.

(3) A designated maintainer or prescribed person who, under subsection (1), temporarily closes a resource road or restricts its use must

(a) temporarily close the resource road or restrict its u