BILL 33 – 2004
FORESTS STATUTES AMENDMENT ACT, 2004
HER MAJESTY, by and with the advice and consent of the Legislative Assembly
of the Province of British Columbia, enacts as follows:
Forest Act
1 Section 1 (1) of the Forest Act, R.S.B.C. 1996, c. 157, is amended
(a) in paragraph (a) of the definition of "allowable
annual cut" by striking out "woodlot licence
area" and substituting "community forest
agreement area, woodlot licence area",
(b) by repealing the definition of "BC timber sales
agreement" and substituting the following:
"BC timber sales agreement" means
(a) a licence, or
(b) a permit
referred to in any of paragraphs (b) to (f.1) of section
109 (2); ,
(c) by repealing the definitions of "firmwood
reject", "forest land", "higher
level plan", "range use plan" and
"wilderness area",
(d) by adding the following definition:
"objectives set by government" means objectives set
by government as defined in section 1 (1) of the Forest and Range Practices
Act; ,
(e) in the definition of "operational plan"
by striking out "Forest and Range Practices Act" and
substituting "Forest Practices Code of British Columbia Act,
before its repeal, or the Forest and Range Practices Act",
and
(f) in the definition of "pulpwood area" by
striking out "section 40;" and substituting "section 40
before its repeal;".
2 Section 6 is repealed.
3 Section 8 (7) is amended by striking out "a rate of timber
harvesting" and substituting "an allowable annual
cut".
4 Section 12 (1) (b) is repealed.
5 Section 14 is amended
(a) in paragraphs (b) and (e) by striking out "timber supply
area" and substituting "timber supply area or tree farm licence
area", and
(b) by adding the following paragraph:
(c.1) if it provides that a replacement for it must not be
offered, must specify the maximum volume of timber that may be harvested under
the licence, .
6 Section 16 (6) is repealed.
7 Section 19 (6) is repealed and following substituted:
(6) In making a replacement or amendment referred to in
subsection (2) or (3), the minister must ensure that the total of the allowable
annual cuts, after the replacements, amendments or both, of all of the forest
licences involved remains the same as it was before any replacements or
amendments under this section.
8 Section 20 is amended
(a) in subsections (2), (4), (5) and (6) by striking out
"regional manager, timber sales manager or district manager" and
substituting "timber sales manager", and
(b) in subsection (3) by striking out "regional
manager".
9 Section 22 is amended
(a) by repealing paragraph (d), and
(b) in paragraph (g) by striking out "regional manager, timber
sales manager or district manager" and substituting "timber sales
manager".
10 Section 24.4 (2) (c) is repealed and the following
substituted:
(c) the pre-existing licence or each of them, if more than
one, authorize harvesting within the same timber supply area specified in the
non-replaceable forest licence, .
11 Section 24.9 (3) is amended by striking out "on the date of
the allowable annual cut increase under subsection (2)" and substituting
"on the date it is converted into a forestry licence to
cut".
12 Section 31 is repealed and the following substituted:
Extension of term of timber licence
31 On application of the holder of a timber
licence, the regional manager may extend the term of the licence for a period
not exceeding 3 years if the licence is in effect on the date on which the
Forests Statutes Amendment Act, 2004 receives first reading and the
application is made
(a) before the expiration of the term, or
(b) despite the expiration of the term, if the term
expires on or after the date on which the Forests Statutes Amendment Act,
2004 receives first reading and before the elapse of 60 days after the
coming into force of this section.
13 Section 33 (8) is amended by striking out "subsection
(9)" and substituting "subsection (10)".
14 Section 35 (1) is amended
(a) by repealing paragraph (h) and substituting the
following:
(h) require that timber on the tree farm licence area, in
an amount directed by the minister, having regard to reservations made by the
minister for
(i) BC timber sales enterprises,
(ii) pulpwood agreements, or
(iii) woodlot licences,
is to be available for disposition under
(iv) forest licences, timber sale licences or forestry
licences to cut, or
(v) Division 7 or 8 of this Part
to persons other than the holder of the tree farm
licence, , and
(b) in paragraph (j) (ii) (A) by striking out "sections 37 (1)
and (2) and 38 (1)," and substituting "sections 37 (1) and
38,".
15 Section 35.1 is amended
(a) by repealing subsection (1) and substituting the
following:
(1) In this section, "recreation resources"
has the same meaning as it has in the Forest and Range Practices
Act. , and
(b) in subsection (5) (a) by striking out "higher level
plans" and substituting "objectives set by
government".
16 Section 36 (3) (c) is amended by striking out "sections 37,
38, 39, 56 (9) and 60," and substituting "sections 37, 38, 39 and
60,".
17 Section 39 (6) is repealed and the following
substituted:
(6) In making a replacement or amendment referred to in
subsection (2) or (3), the minister must ensure that the total of the allowable
annual cuts, after the replacements, amendments or both, of all of the tree farm
licences involved remains the same as it was before any replacements or
amendments under this section.
18 The following section is added:
Change in boundary or area
39.1 (1) The minister may change the boundary or
area of a tree farm licence with the consent of its holder.
(2) The discretion of the minister under subsection (1)
includes the discretion to change the boundary or area of the tree farm licence
with the consent of its holder by
(a) adding private land of the holder of the tree farm
licence to the area of the licence, or
(b) removing private land from the area of the
licence.
19 Section 41 (1) (g) is amended by striking out "the Forest
Practices Code of British Columbia Act" and substituting
"the Forest and Range Practices Act".
20 Section 43.1 is amended by repealing the definition of
"botanical forest product".
21 The following section is added:
Applications for probationary community forest
agreements
43.2 (1) On request or on his or her own initiative
the minister or person authorized by the minister, by advertising in the
prescribed manner, may invite applications for a probationary community forest
agreement.
(2) An application for a probationary community forest
agreement must meet prescribed requirements.
(3) A probationary community forest agreement may be
entered into only with an applicant that is
(a) a first nation,
(b) a municipality or regional district, or
(c) any of the following if prescribed requirements are
met:
(i) a society incorporated under the Society Act;
(ii) an association as defined in the Cooperative
Association Act;
(iii) a corporation;
(iv) a partnership.
(4) The minister or a person authorized by the minister
must evaluate applications for a probationary community forest agreement in
accordance with prescribed requirements.
(5) After evaluating applications under subsection (4),
the person who evaluated the applications may
(a) approve an application,
(b) approve an application subject to conditions with
which the applicant must comply before the probationary community forest
agreement is entered into, or
(c) decline to approve all applications.
(6) If an applicant whose application is approved under
subsection (5) does not enter into the probationary community forest agreement,
the minister or a person authorized by the minister may
(a) approve the next best application,
(b) approve the next best application subject to
conditions with which the applicant must comply before the probationary
community forest agreement is entered into, or
(c) refuse to approve any of the applications.
(7) Subject to subsection (8), the regional manager or
district manager must enter into probationary community forest agreement with
every applicant whose application is approved under subsection (5) or (6).
(8) The regional manager or district manager must not
enter into a probationary community forest agreement until a management plan is
approved by the regional manager or district manager for the proposed
probationary community forest agreement area.
(9) The minister may reserve from disposition under this
Act the timber in the area described in the advertising, pending
(a) a probationary community forest agreement being
entered into under this section, or
(b) a refusal under subsection (6) to approve any of the
applications.
22 Section 43.5 (1) to (3) and (5) is repealed.
23 The following sections are added to Division 7.1:
Direct award of probationary community forest
agreement
43.51 (1) The minister, without accepting
applications from other persons, may direct the regional manager or district
manager to enter into a probationary community forest agreement if
(a) the probationary community forest agreement provides
that it is entered into with a first nation or its representative to implement
or further an agreement between the first nation and the government respecting
treaty-related measures, interim measures or economic measures, or
(b) the probationary community forest agreement is entered
into under prescribed circumstances or its holder meets prescribed
requirements.
(2) Before directing the regional manager or district
manager, under subsection (1) (a), to enter into a probationary community forest
agreement with the representative of a first nation, the minister must be
satisfied that the intended holder of the probationary community forest
agreement is a person or other legal entity and has been appointed by the first
nation as its representative.
(3) Section 43.2 does not apply to a probationary
community forest agreement entered into under this section.
Change in area or boundary
43.52 The
(a) regional manager, or
(b) district manager,
in accordance with the regulations, and with the consent
of the holder of a community forest agreement, may change the boundary or area
of the community forest agreement.
Transition for community forest agreement allowable
annual cut
43.53 For a community forest agreement for
which an allowable annual cut has not been determined under section 8, a
reference in this Act or the regulations to an allowable annual cut authorized
for a community forest agreement must be read as a reference to the rate of
timber harvesting for each community forest agreement area as determined under
section 8.
24 Section 43.8 is amended
(a) by striking out "and" at the end of paragraph (g),
and
(b) by adding the following paragraph:
(g.1) that is entered into with a first nation or its
representative to implement or further an agreement between the first nation and
the government respecting treaty-related measures, interim measures or economic
measures, must state that it is a condition of the community salvage licence
that the first nation comply with the agreement, and .
25 Section 44 is repealed and the following substituted:
Applications
44 (1) In this section, "control" in
relation to a corporation has the same meaning as "control of a corporation" in
section 53.
(2) On request or on his or her own initiative the
regional manager or district manager, by advertising in the prescribed manner,
may invite applications for a woodlot licence.
(3) An application for a woodlot licence must
(a) be made to the district manager or regional manager,
and
(b) meet prescribed requirements.
(4) A woodlot licence may be entered into only with an
applicant that is
(a) a Canadian citizen or permanent resident of Canada who
is 19 years of age or older,
(b) a first nation, or
(c) a corporation, other than a society, that is
controlled by persons who meet the qualifications referred to in paragraph
(a).
(5) A woodlot licence may not be entered into with an
applicant that
(a) owns or leases, or controls a corporation that owns or
leases, a timber processing facility in British Columbia, or
(b) holds more than one woodlot licence, controls a
corporation that holds more than one woodlot licence or both holds a woodlot
licence and controls a corporation that holds a woodlot licence.
(6) The regional manager or district manager must evaluate
applications for a woodlot licence in accordance with prescribed
requirements.
(7) After evaluating applications under subsection (6),
the person who evaluated the applications may
(a) approve an application, or
(b) decline to approve all applications.
(8) If an applicant whose application is approved under
subsection (7) neglects or declines to enter into the woodlot licence or becomes
ineligible to enter into the licence, the regional manager or district manager
may
(a) approve the next best application, or
(b) at the direction of the minister, may refuse to
approve any of the applications.
(9) Subject to subsection (10), the regional manager or
district manager must enter into an agreement in the form of a woodlot licence
with every person whose application is approved under subsection (7) or (8).
(10) The regional manager or district manager must not
enter into a woodlot licence until a management plan is approved by the
government for the proposed woodlot licence area.
(11) The regional manager or district manager may reserve
from disposition under this Act the timber in the area described in the
advertising, pending
(a) a woodlot licence being entered into under this
section, or
(b) a refusal under subsection (8) to approve any of the
applications.
26 Section 45 (1) is amended
(a) by repealing paragraph (b) (ii) (A) and (B) and substituting the
following:
(A) 800 ha if the Crown land is located in the Coast
Forest Region, or
(B) 1 200 ha if the Crown land is not located in the Coast
Forest Region, ,
(b) in paragraph (d) (iii) by striking out "under section
44",
(c) in paragraphs (e), (f) (iii) (B) and (g) by striking out
"the Forest Practices Code of British Columbia Act" and
substituting "the Forest and Range Practices Act",
and
(d) by repealing paragraph (f) (iii) (C) and substituting the
following:
(C) any applicable objectives set by government;
.
27 Section 47.3 (1) is amended by striking out "community
salvage woodlot licence" and substituting "community salvage
licence, woodlot licence".
28 Section 47.4 (2) (b) (iii) is amended by striking out "in
paragraph (a) or (b)" and substituting "in subparagraph (i) or
(ii)".
29 Section 47.5 is amended
(a) in subsection (1) (b) (ii) by striking out "Forest
Practices Code of British Columbia Act" and substituting
"Forest and Range Practices Act", and
(b) by repealing subsection (2) and substituting the
following:
(2) A master licence to cut
(a) must be for a term not exceeding 5 years,
(b) must require its holder to pay to the government, in
addition to other amounts payable under this Act and the regulations,
(i) stumpage under Part 7, and
(ii) waste assessments for merchantable Crown timber,
whether standing or felled, that could have been cut and removed under the
master licence to cut, but, at its holder's discretion, is not cut and removed,
(c) must provide for cutting permits to be issued by the
district manager, or a forest officer authorized by the district manager, within
the limits provided in the master licence to cut and subject to this Act and the
Forest and Range Practices Act, to authorize its holder to harvest Crown
timber from specified areas within the area or areas of Crown land specified in
the licence to cut, and
(d) may include other terms and conditions that
(i) are determined by the regional manager or district
manager or by a forest officer authorized by either of them, and
(ii) are consistent with this Act, the regulations under
it, the Forest and Range Practices Act and the regulations and standards
under it.
30 Section 47.6 is amended
(a) in subsection (1) by striking out "subsection (2), (3) or
(4)." and substituting "subsection (2), (2.1), (2.2), (3), (4) or
(5).",
(b) by repealing subsection (2) and substituting the
following:
(2) The regional manager or district manager may enter
into a forestry licence to cut
(a) in which the volume of timber specified does not
exceed 2 000 m3 and harvesting under the forestry licence to cut is
restricted to timber that is dead or, in the opinion of the regional manager or
district manager,
(i) is in danger, as a result of an insect infestation,
fire, disease or windthrow, of being significantly reduced in value, lost or
destroyed,
(ii) is timber that is interspersed with the dead or
endangered timber, or
(iii) must be harvested to provide access to the dead,
endangered or interspersed timber,
(b) in which the volume of timber specified does not
exceed 500 m3 and the timber, in the opinion of the regional manager
or district manager, is to be harvested under controlled scientific or
investigative conditions, or
(c) if authorized to do so under another provision of this
Act or under the regulations. , and
(c) by adding the following subsections:
(2.1) The regional manager or district manager may enter
into a forestry licence to cut to authorize the removal of Crown timber from
Crown land or private land.
(2.2) A forest officer authorized by the regional manager
or by the district manager may enter into a forestry licence to cut described in
subsection (2) (a) or (c) or (2.1) that specifies a volume of timber that does
not exceed 500 m3.
(5) The district manager or a forest officer authorized by
the district manager may enter into a forestry licence to cut with a person
(a) authorizing the person to cut Crown timber on Crown
land, remove Crown timber from Crown land or do both, and
(b) specifying a volume of timber that does not exceed 50
m3.
31 Section 47.7 (f) is repealed and the following substituted:
(f) must require its holder, if it authorizes its holder
to remove Crown timber, to pay to the government, in addition to other amounts
payable under this Act and the regulations,
(i) stumpage under Part 7, and
(ii) waste assessments for merchantable Crown timber,
whether standing or felled, that could have been cut and removed under the
forestry licence to cut, but, at the holder's discretion, is not removed,
.
32 Section 53 (1) is amended in the definition of "deletion
period"
(a) in paragraph (a) by striking out "under section 33 or
34" and substituting "under section 33",
(b) in paragraph (d) by striking out "under section 13, 16 or
17" and substituting "under section 13 or 16", and
(c) by striking out "and" at the end of paragraph (d) and by adding the
following paragraphs:
(d.1) a forest licence entered into under section 19 and
replacements for it, each successive 15 year period commencing with the
beginning of the original forest licence entered into under that section,
(f) a probationary community forest agreement or a
community forest pilot agreement, the term of the agreement, and
(g) a long-term community forest agreement and
replacements for it, each successive 25 year period commencing with the
beginning of the term of the original long-term community forest agreement
entered into under section 43.4 of this Act; .
33 Section 54.1 (b) is amended by striking out "is registered
in the applicable category of BC timber sales enterprises" and
substituting "is a BC timber sales enterprise".
34 Section 54.4 (1) (d) is amended by striking out "is a
licence to cut" and substituting "is an occupant licence to
cut".
35 Section 58.1 is amended
(a) by adding the following subsection:
(6.1) A request referred to in subsection (6) must
(a) be submitted within 30 days after the date an
application for an extension under subsection (1) or (2) is made,
(b) be signed by, or on behalf of, the requesting person,
and
(c) specify the reasons for the request. ,
and
(b) by repealing subsection (7) and substituting the
following:
(7) A fee paid under subsection (3) (c) must not be
credited towards stumpage.
36 Section 58.2 is amended
(a) by repealing subsection (2) and substituting the
following:
(2) A cutting permit that was in effect on November 4,
2003, with a term expiring before March 31, 2007, may be extended to March 31,
2007, on application of its holder made
(a) before the expiration of the term, or
(b) despite the expiration of the term, if the term
expired on or after November 4, 2003 and before the elapse of 60 days after the
coming into force of this section.
(2.1) A cutting permit that, we in effect on November 4,
2003 and expiring on March 31, 2007 may be extended by the minister for a period
not exceeding 2 years beginning on April 1, 2007, on application made before
March 31, 2007 by the holder.
(2.2) For cutting permits that are extended under
subsection (2.1), the minister may grant further extensions, each for a period
not exceeding 2 years. , and
(b) by repealing subsection (4) and substituting the
following:
(4) Section 58.1 does not apply to a
(a) timber sale licence, or
(b) cutting permit
entered into before November 4, 2003.
37 Section 58.3 is amended
(a) in subsection (3) (b) by striking out "any deposit"
and substituting "if the timber sale licence was advertised on or after
November 4, 2003, any deposit", and
(b) by adding the following subsection:
(5) A request referred to in subsection (4) must
(a) be made within 30 days after the date an application
to surrender a timber sale licence under subsection (1) is made,
(b) be signed by, or on behalf of, the requesting person,
and
(c) specify the reasons for the request.
38 Section 60 is repealed and the following substituted:
Deletions, not affecting allowable annual cut,
of
Crown land from tree farm licences
60 (1) In this section, "Crown land" does
not include Crown land described in a timber licence.
(2) The minister by written order may delete Crown
land from a tree farm licence area, if the deletion does not affect the
allowable annual cut determined for the tree farm licence.
(3) Subject to section 60.92, no compensation or damages
is payable by the government to a person for a deletion of Crown land under this
section.
Other deletions, not affecting allowable annual cut, of
Crown land
60.01 (1) The minister by written order may
delete Crown land from
(a) a community forest agreement area, or
(b) a woodlot licence area
if the deletion does not affect the allowable annual cut
determined for the community forest agreement or woodlot licence.
(2) Subject to section 60.92, no compensation or damages
is payable by the government to a person for a deletion of Crown land under this
section.
Definitions for sections 60.2 to 60.91
60.1 In this section and in sections 60.2 to
60.91:
"for an access purpose" means for the purpose of
(a) access to Crown timber
(b) a right of way for
(i) a highway,
(ii) a pipeline, or
(ii) power transmission, or
(c) water storage;
"for another purpose" means for any purpose other
than
(a) an access purpose, or
(b) timber production.
Other deletions of Crown land -- tree farm licences
60.2 (1) In this section, "Crown land" does
not include Crown land described in a timber licence.
(2) The minister by written order may delete from a tree
farm licence area Crown land to be used for an access purpose or for another
purpose.
Other deletions of Crown land -- community forest
agreements,
woodlot licences and timber licences
60.3 The minister by written order may delete from
(a) a community forest agreement area,
(b) a woodlot licence area, or
(c) the area described in a timber licence
Crown land to be used for an access purpose or for another
purpose.
Reductions in allowable annual cut under forest licences
and timber sale licences
60.4 The minister by written order may
reduce the allowable annual cut authorized in
(a) a forest licence, or
(b) a timber sale licence
if Crown land in the timber supply area specified in the
licence is used for an access purpose or for another purpose.
Notice of an order under sections 60, 60.01 or 60.2 to 60.4
60.5 (1) Subject to subsection (2), the minister
may not make an order under section 60, 60.01 or any of sections 60.2 to 60.4
unless the minister serves at least one year's advance notice of the proposed
order on the holder of the agreement or licence that is the subject
(a) of the intended deletion of Crown land,
in the case of a tree farm licence, community forest agreement, woodlot licence,
community forest agreement or timber licence, or
(b) of the intended reduction in allowable annual cut, in
the case of a forest licence or timber sale licence.
(2) If the Crown land to be deleted
(a) by order under section 60.2 from a tree farm licence
area, or
(b) by order under section 60.3 from a community forest
agreement area, woodlot licence area or the area described in a timber
licence
is to be used for exploration or development activities
associated with oil and gas purposes, the minister may make the order if the
minister serves at least 60 days' advance notice of the order on the holder of
the licence that is the subject of the intended deletion of Crown land.
(3) A notice under this section must include or be
accompanied by particulars of the intended deletion of Crown land or reduction
in allowable annual cut, as the case may be.
Deemed amendment to affected agreements
60.51 (1) Each tree farm licence that is
affected by an order under section 60 or 60.2 is deemed amended to reflect the
order under that section.
(2) Each community forest agreement or woodlot licence
that is affected by an order under section 60.01 is deemed amended to reflect
the order under that section.
(3) Each community forest agreement, woodlot licence or
timber licence that is affected by an order under section 60.3 is deemed amended
to reflect the order under that section.
(4) Each forest licence or timber sale licence that is
affected by an order under section 60.4 is deemed amended to reflect the order
under that section.
Compensation in respect of tree farm licence areas
60.6 (1) In this section:
"Crown land" does not include Crown land in the
area described in a timber licence;
"current allowable annual cut" means the allowable
annual cut that the chief forester determines to be attributable to the Crown
land in a tree farm licence area immediately before a deletion under section
60.2;
"original allowable annual cut" means the allowable
annual cut that the chief forester determines was attributable at the beginning
of the applicable deletion period to the Crown land in a tree farm licence
area.
(2) If, during the deletion period for a tree farm
licence,
(a) a deletion, or
(b) a series of deletions, if more than one,
from the tree farm licence area, of Crown land to be used
for an access purpose has the effect of reducing the current allowable annual
cut by more than 5% of the original allowable annual cut, the holder of the tree
farm licence is entitled to compensation from the government in an amount
determined in accordance with subsection (4).
(3) If, during the deletion period for a tree farm
licence,
(a) a deletion, or
(b) a series of deletions, if more than one,
from the tree farm licence area, of Crown land to be used
for another purpose has the effect of reducing the current allowable annual cut
by more than 5% of the original allowable annual cut, the holder of the tree
farm licence is entitled to compensation from the government in an amount
determined in accordance with subsection (4).
(4) The compensation to which the holder of a tree farm
licence is entitled under subsection (2) or (3), as the case may be, is an
amount equal to the value, for the unexpired portion of the term of the licence,
of the harvesting rights under the licence that are taken by means of the part
of the reduction that, in the opinion of the chief forester, exceeds 5% of the
original allowable annual cut.
Compensation in respect of community forest
agreement
and woodlot licence areas
60.7 (1) In this section:
"current allowable annual cut" means the allowable
annual cut for a community forest agreement or woodlot licence immediately
before a deletion under section 60.3;
"original allowable annual cut" means the allowable
annual cut for a community forest agreement or woodlot licence at the beginning
of the applicable deletion period.
(2) If, during the deletion period for a community
forest agreement or woodlot licence,
(a) a deletion, or
(b) a series of deletions, if more than one,
from the community forest agreement area or woodlot
licence area, of Crown land to be used for an access purpose has the effect of
reducing the current allowable annual cut by more than 5% of the original
allowable annual cut, the holder of the community forest agreement or woodlot
licence is entitled to compensation from the government in an amount determined
in accordance with subsection (4).
(3) If, during the deletion period for a community forest
agreement or woodlot licence,
(a) a deletion, or
(b) a series of deletions, if there are more than one,
from the community forest agreement area or woodlot
licence area, of Crown land to be used for another purpose has the effect of
reducing the current allowable annual cut by more than 5% of the original
allowable annual cut, the holder of the community forest agreement or woodlot
licence is entitled to compensation from the government in an amount determined
in accordance with subsection (4).
(4) The compensation to which the holder of a community
forest agreement or woodlot licence is entitled under subsection (2) or (3), as
the case may be, is an amount equal to the value, for the unexpired portion of
the term of the agreement or licence, of the harvesting rights under the
agreement or licence that are taken by means of the part of the reduction that
exceeds 5% of the original allowable annual cut.
Compensation in respect of timber licences
60.8 (1) In this section:
"current timber licence area" means the area that,
immediately before a deletion under section 60.3, was the area described in a
timber licence;
"original timber licence area" means the area that,
at the beginning of the deletion period for a timber licence was the area
described in the timber licence.
(2) If, during the deletion period for a timber
licence,
(a) a deletion, or
(b) a series of deletions, if more than one,
from the current timber licence area, of Crown land to be
used for an access purpose has the effect of reducing the current timber licence
area by more than 5% of the original timber licence area, the holder of the
timber licence is entitled to compensation from the government in an amount
determined in accordance with subsection (4).
(3) If, during the deletion period for a timber licence,
(a) a deletion, or
(b) a series of deletions, if more than one,
from the current timber licence area, of Crown land to be
used for another purpose has the effect of reducing the current timber licence
area by more than 5% of the original timber licence area, the holder of the
timber licence is entitled to compensation from the government in an amount
determined in accordance with subsection (4).
(4) The compensation to which the holder of a timber
licence is entitled under subsection (2) or (3), as the case may be, is an
amount equal to the value of the harvesting rights under the licence that are
taken by means of the part of the reduction that exceeds 5% of the original
timber licence area.
Compensation in respect of forest licences or timber sale
licences
60.9 (1) In this section:
"current allowable annual cut" means the allowable
annual cut for a forest licence or timber sale licence immediately before a
reduction under section 60.4;
"original allowable annual cut" means the allowable
annual cut for a forest licence or timber sale licence at the beginning of the
applicable deletion period.
(2) If, during the deletion period for a forest
licence or timber sale licence,
(a) a reduction, or
(b) a series of reductions, if more than one,
in the current allowable annual cut for the forest licence
or timber sale licence, as a result of the use of Crown land in the timber
supply area specified in the licence for an access purpose, reduces the current
allowable annual cut by more than 5% of the original allowable annual cut, the
holder of the forest licence or timber sale licence is entitled to compensation
from the government in an amount determined in accordance with subsection
(4).
(3) If, during the deletion period for a forest licence or
timber sale licence,
(a) a reduction, or
(b) a series of reductions, if more than one,
in the current allowable annual cut for the forest licence
or timber sale licence, as a result of the use of Crown land in the timber
supply area specified in the licence for another purpose, reduces the current
allowable annual cut by more than 5% of the original allowable annual cut, the
holder of the forest licence or timber sale licence is entitled to compensation
from the government in an amount determined in accordance with subsection
(4).
(4) The compensation to which the holder of a forest
licence or timber sale licence is entitled under subsection (2) or (3), as the
case may be, is an amount equal to the value, for the unexpired portion of the
term of the licence, of the harvesting rights under the licence that are taken
by means of the part of the reduction that exceeds 5% of the original allowable
annual cut.
Access purpose deletions or reductions
unrelated to
those for another purpose
60.91 (1) In this section:
"Crown land" does not include Crown land in the
area described in a timber licence;
"current allowable annual cut" means the allowable
annual cut
(a) that the chief forester determines to be attributable
to the Crown land in a tree farm licence area immediately before a deletion
under section 60.2,
(b) for a woodlot licence or community forest agreement
immediately before a deletion under section 60.3, and
(c) for a forest licence or timber sale licence
immediately before a deletion under section 60.4;
"original allowable annual cut" means the allowable
annual cut
(a) that the chief forester determines was attributable at
the beginning of the applicable deletion period to the Crown land in a tree farm
licence area,
(b) for a community forest agreement or woodlot licence at
the beginning of the applicable deletion period, or
(c) for a forest licence or timber sale licence at the
beginning of the applicable deletion period.
(2) The calculation, for a tree farm licence, community
forest agreement, woodlot licence, forest licence or timber sale licence, of the
percentage by which a reduction, referred to in section 60.6 (2), 60.7 (2) or
60.9 (2), for an access purpose exceeds 5% of the original allowable annual cut
is separate from the calculation, for that licence or agreement, of the
percentage by which a reduction referred to in section 60.6 (3), 60.7 (3) or
60.9 (3) for another purpose exceeds 5% of the original allowable annual
cut.
(3) The calculation, for a timber licence, of the
percentage by which a reduction referred to in section 60.8 (2) for an access
purpose exceeds 5% of the original timber licence area is separate from the
calculation, for that timber licence, of the percentage by which a reduction
referred to in section 60.8 (3) for another purpose exceeds 5% of the original
timber licence area.
Compensation for improvements
60.92 The holder of a tree farm licence,
community forest agreement, woodlot licence, timber licence, forest licence or
timber sale licence who is the subject of an order made under section 60, 60.01,
60.2, 60.3 or 60.4 is entitled to compensation from the government in an amount
equal to the value of improvements made to Crown land that
(a) are authorized under an enactment,
(b) are not improvements to which section 174 of the
Forest Practices Code of British Columbia Act applied, before the repeal
of that section, or to which section 120 of the Forest and Range Practices
Act applies, and
(c) are not, or have not been, paid for by the government
under the Forest Act or the former Act as defined in the Forest
Act.
Commercial Arbitration Act applies
60.93 If the amount of compensation is not agreed,
it must be submitted for determination under the Commercial Arbitration
Act.
Compensation may take form of agreement
60.94 (1) On application by the holder of a tree
farm licence, community forest agreement, woodlot licence, timber licence,
forest licence or timber sale licence, the compensation to which the holder is
entitled under sections 60.6 to 60.9, in whole or in part, may take the form of
an agreement listed in section 12 (1).
(2) Without advertising or inviting applications from
other persons, the minister, for the purpose of subsection (1), may enter into
the agreement with the holder who is entitled to the compensation.
Set-off for benefits previously received
60.95 The amount of compensation to which the
holder of a tree farm licence, community forest agreement, woodlot licence,
timber licence, forest licence or timber sale licence is entitled under sections
60.6 to 60.9 must be reduced by any financial benefit or other benefit received
by that holder from the government arising out of the deletion or reduction that
gives rise to the entitlement.
39 Section 61 (1) is amended by striking out "woodlot licence
area" and substituting "community forest agreement area, woodlot
licence area".
40 Section 70 is repealed and the following substituted:
Reductions in allowable annual cut
70 (1) In this section, "soil disturbance"
has the same meaning as it has under the Forest and Range Practices
Act.
(2) In a notice served on the holder of a major licence,
community forest agreement or a woodlot licence, the chief forester, subject to
subsection (3), may reduce the allowable annual cut
(a) available to the holder of the licence, if it is a
tree farm licence, or
(b) for the licence, if other than a tree farm licence, or
for the agreement
by an amount not exceeding the volume of timber that the
chief forester determines was on an area authorized for harvest under a cutting
permit issued under the licence or agreement.
(3) The chief forester may not make a reduction under
subsection (2) unless he or she determines that the holder of the licence or
agreement, on the area authorized for harvest, caused or allowed soil
disturbance in excess of the limits specified in an operational plan that
pertains to the cutting permit referred to in subsection (2).
(4) In a notice served on the holder of a major licence a
community forest agreement or a woodlot licence the regional manager, subject to
subsection (5), must reduce the allowable annual cut
(a) available to the holder of the licence, if it is a
tree farm licence, or
(b) for the licence, if other than a tree farm licence, or
for the agreement
by an amount not exceeding 5% of the volume of timber that
the regional manager determines was on an area authorized for harvest under a
cutting permit issued under the licence or agreement.
(5) The regional manager may not make a reduction under
subsection (4) unless he or she determines that the holder of the agreement did
not establish a free growing stand as required under the Forest and Range
Practices Act.
41 Section 73 (1) is amended by repealing the definition of
"operational plan".
42 Section 75.1 is amended in the definition of "volume of
timber harvested"
(a) by repealing everything before paragraph (a) and substituting the
following:
"volume of timber harvested", in relation to a
licence, as defined in section 75.2, 75.21 or 75.4, a forest licence, as defined
in section 75.5, a timber sale licence, as defined in section 75.5 or a woodlot
licence, as defined in section 75.5, means the total of the following volumes
that are charged to the licence during the term of the licence, if it is a
licence as defined in section 75.2 or 75.21, or during the cut control period,
if it is not, in statements issued on behalf of the government to the holder of
the licence: , and
(b) in paragraph (e) by striking out "75.2" and
substituting "75.2 or 75.21".
43 Section 75.2 is amended
(a) by repealing subsections (1) and (2) and substituting the
following:
(1) In this section, "licence" means a
(a) timber sale licence that specifies an allowable annual
cut,
(b) forest licence,
(c) tree farm licence, or
(d) woodlot licence
originally having a term ending 5 years or less after its
commencement date.
(2) The holder of a licence must ensure that the volume of
timber harvested during the term of the licence does not exceed a limit equal to
the sum of the allowable annual cuts
(a) authorized for the licence if it is a forest licence,
timber sale licence or woodlot licence, or
(b) available to the holder under the licence if it is a
tree farm licence
for the period of the original term of the licence.
,
(b) by adding the following subsections:
(2.1) The holder of a licence must ensure that the volume
of timber harvested under the licence does not exceed the maximum harvestable
volume specified in the licence.
(2.2) If compliance with subsection (2) is inconsistent
with compliance with subsection (2.1), subsection (2.1) prevails to the extent
of the inconsistency. ,
(c) in subsection (3) by striking out "the limit specified in
subsection (2)" and substituting "the applicable limit under
subsection (2) or the limit under subsection (2.1)", and
(d) in subsection (4) (a) by striking out "the applicable limit
referred to in subsection (2)" and substituting "the applicable
limit under subsection (2) or the limit under subsection
(2.1)".
44 The following section is added:
Limit on total cut for forestry licence to cut
and
community salvage licence
75.21 (1) In this section, "licence" means a
forestry licence to cut or community salvage licence.
(2) The holder of a licence must ensure that the volume of
timber harvested under the licence does not exceed the maximum harvestable
volume specified in the licence.
(3) If the volume of timber harvested under a licence
exceeds the limit specified in subsection (2), the holder of the licence must
pay to the government the penalty determined under subsection (4).
(4) The penalty under subsection (3) is the product of
(a) the volume of timber harvested under the licence that
exceeds the limit referred to in subsection (2), and
(b) the prescribed rate.
(5) A penalty under this section is in addition to
stumpage payable or another penalty under this Act or another enactment.
45 Section 75.4 (4) is amended by striking out "March 1"
and substituting "June 30".
46 Section 75.41 is amended
(a) in subsection (1) (a) by striking out "forest licence,
and" and substituting "timber sale licence or forest licence,
or",
(b) in subsection (2) (a) by striking out "forest licence,
or" and substituting "timber sale licence or forest licence,
or", and
(c) by adding the following subsections:
(3) The holder of a licence that provides that a
replacement for it must not be offered must ensure that the volume of timber
harvested under the licence does not exceed the maximum harvestable volume
specified in the licence.
(4) If compliance with subsection (1) or (2) is
inconsistent with compliance with subsection (3), subsection (3) prevails to the
extent of the inconsistency.
47 Section 75.5 is amended
(a) in subsection (1), by striking out "In this section:"
and substituting "In this section and in section 75.51:",
and
(b) by repealing subsections (2) and (3) and substituting the following
subsections:
(2) The first cut control period
(a) for a forest licence that is not a replacement under
section 15 for another forest licence, or
(b) for a timber sale licence
is 5 years beginning on January 1 of the calendar year in
which the term of the licence begins.
(3) The first cut control period for a woodlot licence
that is not a replacement under section 46 for another woodlot licence is 5
years beginning on
(a) January 1, or
(b) the first day of another month, that the district
manager may designate,
of the calendar year in which the term of the woodlot
licence begins.
(3.1) For a licence that is a replacement under section 15
or 46 for another licence,
(a) the first cut control period is the same as the cut
control period for the replaced licence, immediately before its replacement,
and
(b) the volume of timber harvested that, before the
replacement, was charged to the replaced licence must be charged to the
replacement licence.
48 Section 75.51 is amended
(a) in subsections (1) and (2) by striking out "a timber sale
licence that specifies an allowable annual cut" and substituting
"a timber sale licence,", and
(b) by adding the following subsections:
(3) The holder of
(a) a timber sale licence,
(b) a forest licence, or
(c) a woodlot licence
that provides that a replacement for it must not be
offered must ensure that the volume of timber harvested under the licence does
not exceed the maximum harvestable volume specified in the licence.
(4) If compliance with subsection (1) or (2) is
inconsistent with compliance with subsection (3), subsection (3) prevails to the
extent of the inconsistency.
49 Section 75.92 is amended by striking out
"56,".
50 Section 75.93 is amended
(a) in subsection (1) by striking out "was in effect on January
1, 2003," and substituting "was in effect in the period beginning
on January 1, 2003 and ending on November 3, 2003,",
(b) in subsections (1) (a) and (3) by striking out "forest
licence" and substituting "forest licence or timber sale
licence",
(c) in subsection (1) by striking out "or" at the end of
paragraph (c), by adding ", or" at the end of paragraph (d) and by
adding the following:
(e) for a woodlot licence as defined in section 75.5 that
does not so provide. ,
(d) in subsection (3) (b) by striking out "was in effect on
January 1, 2003." and substituting "was in effect in the period
beginning on January 1, 2003 and ending on November 3, 2003.",
and
(e) by repealing subsection (4) and substituting the
following:
(4) If, after December 31, 2002, any provisions of
(a) a timber sale licence described in subsection (1), or
(b) a forest licence described in subsection (1)
that pertain to cut control conflict or are inconsistent
with this Division, this Division prevails.
(5) Section 75.2 applies to a licence as defined in
section 75.2 (1) if the licence was in effect in the period beginning on January
1, 2003 and ending on November 3, 2003.
51 Section 75.94 (6) is amended by striking out "subsection
(4)" and substituting "subsection (2) or (4)".
52 Section 76 is amended
(a) by adding the following subsection:
(0.1) In this section, "agreement" does not include
a BC timber sales agreement. ,
(b) in subsection (1) (b) by striking out "as defined in the
Forest and Range Practices Act,",
(c) in subsection (1) (c) by striking out "43.3 (g.1),"
and substituting "43.3 (g.1), 43.8 (g.1),", and
(d) in subsection (1.1) by adding the following paragraph:
(c.1) a community salvage licence if there is a
contravention of the condition described in section 43.8 (g.1),
.
53 Section 77 is amended by repealing subsections (1) and (1.1) and
substituting the following:
(1) If rights under an agreement are under suspension
under section 76 (1) or (2)
(a) the minister or a person authorized by the minister
may cancel the agreement if it is a community forest agreement,
(b) the chief forester may cancel the agreement if it is a
tree farm licence or pulpwood agreement,
(c) the regional manager may cancel the agreement if it is
of a type other than an agreement referred to in paragraph (a) or (b) of this
subsection,
(d) the district manager may cancel the agreement if it is
of a type other than a forest licence or an agreement referred to in paragraph
(a) or (b) of this subsection, and
(e) the regional manager or district manager may cancel a
road use permit granted for the agreement to the holder of the agreement.
(1.1) If rights under an agreement are under suspension
under section 76 (1.1), the minister or a person authorized by the minister may
cancel the agreement or a road use permit granted for the agreement to the
holder of the agreement.
54 Section 78 is repealed and the following substituted:
BC timber sales -- disqualification, suspension and
cancellation
78 (1) By notice served on a person, the timber
sales manager, in addition to any other action that may be taken under this Act,
may do any or all of the following, if any of the criteria referred to in
subsection (2) are met:
(a) disqualify the person, indefinitely or for a specified
period, from being registered as a BC timber sales enterprise;
(b) disqualify the person from making an application under
Part 3 for a BC timber sales agreement, either in person or through an agent,
for a period not exceeding 2 years beginning on the date of the notice;
(c) suspend, in whole or in part, rights in any BC timber
sales agreements held by the person;
(d) cancel any BC timber sales agreements held by the
person.
(2) The timber sales manager may take an action under
subsection (1) against a person if satisfied that the person
(a) has made a material misrepresentation, omission or
misstatement of fact in
(i) an application for registration as a BC timber sales
enterprise under the regulations or in information furnished with the
application, or
(ii) an application for a BC timber sales agreement or in
information furnished with the application,
(b) has not performed an obligation of the person under a
BC timber sales agreement, or
(c) has not complied with
(i) this Act or a regulation made under this Act, or
(ii) the Forest and Range Practices Act, the
Forest Practices Code of British Columbia Act or a regulation or standard
made under either of them.
(3) The timber sales manager may impose conditions with
which a person referred to in subsection (1) (a) to (c) must comply before a
disqualification or suspension under subsection (1) is rescinded.
(4) Despite subsection (1), the timber sales manager must
disqualify a person, indefinitely or for a specified period, from being
registered as a BC timber sales enterprise if the person
(a) is the successful applicant for a BC timber sales
agreement and does not enter into the agreement, or
(b) is the holder of a BC timber sales agreement that has
been cancelled because the person did not comply with the agreement.
(5) For the purposes of subsection (4), the Lieutenant
Governor in Council may make regulations
(a) specifying periods of disqualification that may differ
for different circumstances set out in the regulations, and
(b) authorizing the timber sales manager to determine, on
a case-by-case basis, within prescribed limits and according to prescribed
criteria, the period of disqualification.
BC timber sales -- district manager powers of suspension
and cancellation
78.1 (1) By notice served on a BC timber sales
enterprise, the district manager, in addition to any other action that may be
taken under this Act or the regulations or the Forest and Range Practices
Act or the regulations made under that Act, may suspend, in whole or in
part, rights in any BC timber sales agreement held by the person, if the
person
(a) has made a material misrepresentation, omission or
misstatement of fact in an operational plan prepared by the person, or
(b) has not complied with
(i) this Act or a regulation made under this Act, or
(ii) the Forest and Range Practices Act, the
Forest Practices Code of British Columbia Act or a regulation or standard
made under either of them.
(2) The district manager may impose conditions with which
a person referred to in subsection (1) must comply before a suspension under
that subsection is rescinded.
(3) If rights under a BC timber sales agreement are
under suspension under section 78 or under this section, the district manager
may cancel a road use permit granted for the agreement to the holder of the
agreement.
55 Section 80 is repealed and the following substituted:
When compensation is not payable
80 (1) In this section, "compensation"
includes damages.
(2) No compensation is payable by the government and
proceedings must not be commenced or continued to claim compensation from the
government or to obtain a declaration that compensation is payable by the
government in respect of an expiry, failure to extend, reduction, deletion or
deeming, or a reduction in an allowable annual cut as a result of a
determination or a deeming, under any of:
(a) the following provisions of this Act: sections 8 (1)
and (2); 9 (3) and (4); 27 (a); 63, 63.1, 63.2, 68 to 70 and 72 to 74;
(b) the following provisions of the Forest Act,
R.S.B.C. 1996, c. 157, before their repeal: sections 64; 65; 66; 67; 71;
(c) the following provisions of the Forest Act,
R.S.B.C. 1979, c. 140: sections 15 (1); 19 (b) and (c); 33 (1) and (5); 37 (1);
39 (1);
(d) the following provisions of the Forest Act,
R.S.B.C. 1979, c. 140, before their repeal: section 44 (3); 95.
Limit on compensation
80.01 (1) In this section:
"agreement" means a tree farm licence, community
forest agreement, woodlot licence, timber licence, forest licence or timber sale
licence;
"compensation" includes damages.
(2) The compensation payable to the holder of an
agreement because of or arising out of
(a) a deletion of Crown land
(i) under section 60, 60.01, 60.2 or 60.3, or
(ii) referred to in section 60.4
affecting the agreement,
(b) a reduction in allowable annual cut affecting the
agreement, or
(c) a deletion referred to in paragraph (a) in combination
with a reduction referred to in paragraph (b)
is limited to the amount of compensation determined in
relation to that agreement under sections 60 to 60.95.
(3) An action or other proceeding must not be brought or
continued against the government for compensation in an amount that exceeds the
amount limited under this section.
56 Section 80.2 is repealed and the following substituted:
Forestry Revitalization Act
80.2 (1) In this section:
"Acts" means this Act, the Forest and Range
Practices Act and the Forest Practices Code of British Columbia
Act, and includes the regulations under each of them;
"group licence interim period", in relation to a
licence in a group of licences which licence is specified in a minister's order,
means,
(a) if there is only one reduction in allowable annual cut
for that licence under the minister's order, the period beginning on March 31,
2003 and ending on the day on which the minister's order is made for the
licence, or
(b) if there is a series of reductions in allowable annual
cut for that licence under the minister's order
(i) for the first in the series of reductions, the period
beginning on March 31, 2003 and ending on the end-date specified in the
minister's order for that first reduction, and
(ii) for a further reduction in the series of reductions,
the period beginning on the end-date for the previous reduction applicable to
the licence and ending on the end-date specified in the minister's order for
that further reduction;
"minister's order" means an order made under
section 3 (1) or (2) of the Forestry Revitalization Act;
"timber licence interim period", in relation to a
timber licence specified in a minister's order, means
(a) if there is only one reduction in area for that
licence under the minister's order, the period beginning on March 31, 2003 and
ending on the day on which the minister's order is made for the licence, or
(b) if there is a series of reductions in area for that
licence under the minister's order,
(i) for the first in the series of reductions, the period
beginning on March 31, 2003 and ending on the end-date specified in the
minister's order for that first reduction, and
(ii) for a further reduction in the series of reductions,
the period beginning on the end-date for the previous reduction applicable to
the licence and ending on the end-date specified in the minister's order for
that further reduction.
(2) In this section words and expressions have the same
meanings as they have in section 1 of the Forestry Revitalization
Act.
(3) A determination of whether or not the holder of a
licence in a group of licences has complied with the Acts, in relation to timber
harvesting under the licence, during a group licence interim period must be made
(a) if there is only one reduction in allowable annual cut
for that licence under a minister's order, without regard to the order, or
(b) if there are a series of reductions in allowable
annual cut for that licence under a minister's order, without regard to the
order, except as it pertains to the allowable annual cut remaining under the
licence after each of the group licence interim periods, in turn, under the
order.
(4) A determination of whether or not the holder of a
timber licence specified in a minister's order has complied with the Acts, in
relation to timber harvesting under the licence, during a timber licence interim
period must be made
(a) if there is only one reduction in area for that
licence under a minister's order, without regard to the order, or
(b) if there are a series of reductions in area for that
licence under a minister's order, without regard to the order, except as it
pertains to the area of Crown land remaining under the licence after each of the
interim periods, in turn, under the order.
57 Section 90 (4) is repealed and the following
substituted:
(4) Subsection (3) does not apply to a timber mark or
certificate that pertains to an agreement that is disposed of in accordance with
section 54.
58 Section 103 (3) is amended by striking out everything before
paragraph (a) and substituting the following:
(3) Despite sections 107 and 108, a person who cuts,
damages, destroys or removes Crown timber without authorization must pay, in
addition to all other amounts payable under this Act, the regulations or another
enactment, stumpage calculated by multiplying the volume or quantity of the
timber that was cut, damaged, destroyed or removed without authorization, as
determined by an official designated by the minister, by the sum of
.
59 Section 105 is amended by adding the following:
(5.1) The policies and procedures referred to in
subsection (1) (c) may require the holder of an agreement to submit information
to the government as necessary or desirable for the determination,
redetermination or variation of a stumpage rate.
(5.2) The holder of an agreement who is required, under
the policies and procedures referred to in subsection (1) (c), to submit the
information referred to in subsection (5.1) must comply with the
requirement.
60 Section 109 is amended
(a) in subsection (2) by adding the following paragraph:
(f.1) a road permit granted for a licence referred to in
this subsection to the licence holder; , and
(b) by repealing subsection (3) (b) and substituting the
following:
(b) to defray the costs that are necessary to meet the
requirements of section 29 (2) of the Forest and Range Practices Act, and
that are incidental to operations that yield BC timber sales revenue,
.
61 Section 112 is amended by adding the following
subsection:
(3) The annual rent payable for a community forest
agreement is the portion of the allowable annual cut authorized for the
agreement that the regional manager or district manager determines is
attributable to the Crown land referred to in section 43.3 (b), multiplied by
the annual rent rate prescribed by the Lieutenant Governor in Council for
community forest agreements.
62 Part 9 is amended by adding the following section:
Definition for Part 9
121.1 In this Part, "regional manager"
includes a person authorized by the regional manager.
63 Section 143 (1) (a) and (c) is repealed and the following
substituted:
(a) a determination, order or decision of a district
manager under section 75.1 (1) (d), 76 (1), (2) or (6), 77 (1) (d) or (e), 78.1
or 112 (2) or (3),
(c) a determination, order or decision of a regional
manager under section 59, 59.1 (9) or (10), 70 (4), 75, 75.1 (1) (d), 76 (1),
(2) or (6), 77 (1) (c) or (e) or 112 (2) or (3).
64 Section 146 is amended
(a) by repealing subsection (2) and substituting the
following:
(2) An appeal may be made to the Forest Appeals Commission
from
(a) a determination, order or decision of the chief
forester, under section 60.6, 68, 70 (2), 77 (1) (b) or 112 (1), and
(b) a determination of an employee of the ministry under
section 105 (1). , and
(b) in subsection (6) by striking out "subsection (1),"
and substituting "subsection (2),".
65 Section 151 is amended
(a) by repealing subsection (2) (a), (j), (k) and (l),
(b) in subsection (2) by adding the following paragraphs:
(k.1) for the purposes of section 39.1,
(i) the boundary or area of a tree farm licence, and
(ii) limiting the circumstances in which the minister may
exercise his or her discretion under that section;
(k.2) for the purposes of section 58.2 (2.1) and
(2.2),
(i) the 2 year extensions of cutting permits, and
(ii) limiting the circumstances in which the minister may
exercise his or her discretion under section 58.2 (2.1) or (2.2);
,
(c) in subsection (2) by repealing paragraph (m),
(d) in subsection (2) by repealing paragraph (m.1) and substituting the
following:
(m.1) what constitutes unduly restricting competition for
the purpose of section 54.1 or 54.5, including methods to be used, and factors
to be taken into account, in making a determination under section 54.1 (a) or
54.5 (1) (b) (ii); ,
(e) in subsection (2) by adding the following paragraphs:
(m.2) for the purposes of sections 60 to 60.95 and 175.2,
prescribing respecting value, including but not limited to
(i) determining value and defining the components that
comprise value,
(ii) prescribing methods of evaluation for use in
determining value,
(iii) prescribing factors to be taken into account in an
evaluation,
(iv) defining the role of evaluators in a determination of
value and prescribing qualifications for evaluators that are prerequisite to
their participation in the determination of value, and
(v) prescribing requirements for the selection of an
arbitrator;
(m.3) the surrender of an agreement listed in section 12;
, and
(f) by adding the following subsection:
(9) Regulations under subsection (2) (m.2) may be made
retroactive to the date this subsection comes into force, or to a later date
that the Lieutenant Governor in Council may specify by regulation, and a
regulation made retroactive in accordance with this subsection is deemed to have
come into force on the date specified in the regulation.
66 The following sections are added:
Adapting cut control under this Act for the Forestry
Revitalization Act
151.4 The Lieutenant Governor in Council may make
regulations he or she considers necessary or desirable for the purpose of
adapting
(a) Division 3.1 of Part 4 of this Act, and
(b) the regulations made for that Division,
to take into account the effect of the Forestry
Revitalization Act, and orders under that Act, on an agreement listed in the
Schedule to that Act, including but not limited to regulations
(c) prescribing additional provisions to supplement the
provisions of
(i) Division 3.1 of Part 4 of this Act, or
(ii) the regulations made for that Division
as the provisions apply in respect of that agreement or
its holder,
(d) varying provisions of that Division or of regulations
made for that Division as the provisions apply in respect of that agreement or
its holder,
(e) providing that specified provisions of that Division
or of regulations made for that Division do not apply to or in respect of that
agreement or its holder, and
(f) imposing conditions for the purpose of regulations
made under this section.
Adapting cut control for provisions respecting
conversion of timber sale licences
151.5 The Lieutenant Governor in Council may make
regulations he or she considers necessary or desirable for the purpose of
adapting
(a) Division 3.1 of Part 4 of this Act, and
(b) the regulations made for that Division
to take into account the effect of sections 24.1 to 24.91
of this Act on an agreement that is converted, amended, entered into or
surrendered under one or more of those sections, including but not limited to
regulations
(c) prescribing additional provisions to supplement the
provisions of
(i) Division 3.1 of Part 4 of this Act, or
(ii) the regulations made for that Division
as the provisions apply in respect of that agreement or
its holder,
(d) varying provisions of that Division or of regulations
made for that Division as the provisions apply in respect of that agreement or
its holder,
(e) providing that specified provisions of that Division
or of regulations made for that Division do not apply to or in respect of that
agreement or its holder, and
(f) imposing conditions for the purpose of regulations
made under this section.
67 Section 157 is amended
(a) by adding the following paragraphs:
(a.1) despite paragraph (a), permitting the holder of a
timber licence, replaceable forest licence or replaceable tree farm licence who
enters into a contract to agree in writing with the intended contractor that the
contract is not a replaceable contract,
(b.1) despite paragraph (b), permitting the holder of a
replaceable contract who enters into a subcontract to agree in writing with the
intended subcontractor that the subcontract is not a replaceable
subcontract, ,
(b) in paragraph (d) (iii) (B) by striking out "required by the
government" and substituting "required by the government or a
licence holder",
(c) in paragraph (d) by adding the following subparagraphs:
(iv) requirements relating to the amount of work to be
allocated to and performed by a contractor or subcontractor,
(v) requirements relating to the replacement of contracts
or subcontracts on the transfer, subdivision or consolidation of licences and
the replacement of subcontracts on the transfer of contracts,
(vi) requirements relating to the determination of rates
under contracts and subcontracts,
(vii) requirements relating to the operational and
commercial terms of contracts and subcontracts, , and
(d) in paragraph (e) (iii) by striking out "paragraph (d) (i)
to (iii)" and substituting "paragraph (d) (i) to
(vii)".
68 The following sections are added:
Agreement to make a replaceable contract
or
subcontract non-replaceable
157.1 (1) Despite section 160 or a regulation under
section 157, the Lieutenant Governor in Council by regulation
(a) may permit the holder of a licence and the
contractor who are the parties to a replaceable contract pertaining to the
licence to amend the replaceable contract by written agreement to provide that
it is not replaceable, and
(b) may permit the holder of a replaceable contract
and the subcontractor who are the parties to a replaceable subcontract
pertaining to the replaceable contract to amend the replaceable subcontract by
written agreement to provide that it is not replaceable.
(2) A contract amended in accordance with a regulation
under subsection (1) (a) ceases to be a replaceable contract.
(3) A subcontract amended in accordance with a regulation
under subsection (1) (b) ceases to be a replaceable subcontract.
(4) A regulation under subsection (1) (a) granting
permission to amend a replaceable contract by written agreement to provide that
it is not replaceable does not affect any rights, against the contractor or
another person, of a subcontractor who has a replaceable subcontract with the
contractor pertaining to the contract.
Waiver by licensees, contractors and subcontractors
of certain rights under regulations
157.2 (1) Despite sections 154 to 160 or a
regulation under section 154, 155 or 157, the Lieutenant Governor in Council by
regulation
(a) may permit the holder of a licence and the
contractor who are the parties to a contract pertaining to the licence to amend
the contract by written agreement, to provide that one or more specified
provisions of regulations under sections 154 to 157 are inapplicable in relation
to the contract, and
(b) may permit the holder of a contract and the
subcontractor who are the parties to a subcontract pertaining to the contract to
amend the subcontract by written agreement to provide that one or more specified
provisions of regulations under sections 154 to 157 are inapplicable in relation
to the subcontract.
(2) On and after the effective date of an amendment
permitted by regulation under subsection (1) (a), the specified provisions of
the regulations that are the subject of the amendment do not apply in respect of
the contract.
(3) On and after the effective date of an amendment
permitted by regulation under subsection (1) (b), the specified provisions of
the regulations that are the subject of the amendment do not apply in respect of
the subcontract.
(4) A regulation under subsection (1) (a) granting
permission to amend a contract by written agreement to provide that one or more
specified provisions of regulations under sections 154 to 157 are inapplicable
in relation to the contract does not affect any rights, against the contractor
or another person, of a subcontractor who has a replaceable subcontract with the
contractor pertaining to the contract.
69 Section 163 (1) is amended by striking out "94 (1),"
and substituting "94 (1), 105.1,".
70 Section 163.1 (2) is amended
(a) in paragraph (a) by striking out "interferes" and
substituting "interfere", and
(b) in paragraph (c) by striking out "intentionally makes a
false statement to, or misleads or attempts to" and substituting
"intentionally make a false statement to, or mislead or attempt
to".
71 Sections 168 and 169 are repealed and the following
substituted:
Definition
168 In this Part:
"agreement" means an agreement in the form of a
licence, permit or agreement referred to in section 12;
"designated area" means an area of Crown land
specified under section 169 (1).
Specifying Crown land as a designated area
169 (1) The Lieutenant Governor in Council, by
regulation, may
(a) specify Crown land as a designated area, for a
period set out in the regulation, if the Lieutenant Governor in Council believes
it is in the public interest to specify the Crown land as a designated area,
and
(b) repeal or amend a regulation under paragraph (a).
(2) The maximum period during which Crown land may
continue as a designated area under regulations made under this section is 10
years, beginning on the day the Crown land first becomes a designated area.
72 Sections 170 (3) (i) and (j) and (9) (a), 171 (1), 172 (1), 173 (8)
and 174 (b) are amended by striking out "agreement listed in section
12" and substituting "agreement".
73 Sections 170 (4) and (5), 171 (2) and 173 (9) are amended by
striking out "the area of Crown land" and substituting
"the Crown land".
74 Section 173 is amended
(a) in subsection (6) by striking out "woodlot licence
area" and substituting "community forest agreement area or woodlot
licence area",
(b) in subsection (7) by striking out "or woodlot licence
area" in both places and substituting ", community forest
agreement area or woodlot licence area", and
(c) in subsection (10) by striking out "woodlot licence
area," and substituting "community forest agreement area, woodlot
licence area,".
75 The following sections are added to Part 13:
No compensation during first 4 years of designation
175.1 During and in respect of the first 4 year
period in which Crown land continues as a designated area, no compensation or
damages is payable by the government to the holder of any agreement because of
or arising out of the designated land status of all or any part of the Crown
land to which the agreement relates.
Compensation for 5th and subsequent years of
designation
175.2 (1) If Crown land specified under section 169
as a designated area continues as a designated area for more than 4 years, each
holder of an agreement on whom the designated land status, of all or any part of
the Crown land to which the agreement relates, has an adverse economic effect is
entitled to compensation from the government in an amount determined in
accordance with subsection (2).
(2) The compensation to which the holder of an agreement
is entitled under subsection (1) is an amount equal to the value of the
harvesting rights under the agreement that
(a) pertain to that part of the period, during which the
Crown land specified under section 169 continues as a designated area, that
exceeds 4 years, and
(b) are not exercisable because of the effect on the
agreement of
(i) the designated land status, of all or any part of the
Crown land to which the agreement relates, and
(ii) this Part or actions that, in accordance with this
Part, are taken or not taken.
Set-off for benefits previously received
175.3 The amount of compensation payable
under section 175.2 to the holder of an agreement affected by the specification
of a designated area must be reduced by any financial benefit or other benefit
received by that holder from the government arising out of the
specification.
Limit on compensation
175.4 (1) In this section, "compensation"
includes damages.
(2) The compensation payable to the holder of an agreement
because of or arising out of
(a) the specification of a designated area,
(b) an order made under this Part, or
(c) either of the things specified in paragraphs (a) or
(b) in combination with the other
is limited to the amount of compensation determined in
relation to that agreement under sections 175.2 and 175.3.
(3) No action lies and an action or other proceeding must
not be brought or continued against the government for compensation in an amount
that exceeds the amount limited under this section.
Forest and Range Practices Act
76 Section 1 (1) of the Forest and Range Practices Act, S.B.C. 2002, c.
69, is amended by repealing the definition of "official" and
substituting the following:
"official" in a provision of this Act or the
regulations means an employee in the
(a) ministry of the minister responsible for the
administration of this Act, which employee is designated by name or title to be
an official by that minister for the purpose of that provision,
(b) ministry of the minister responsible for the
Wildlife Act, which employee is designated by name or title to be an
official by that minister for the purpose of that provision, or
(c) Oil and Gas Commission who is designated by name or
title to be an official by the minister responsible for the Oil and Gas
Commission Act for the purpose of that provision; .
77 Section 2 is amended
(a) by repealing subsections (2) and (3) and substituting the
following:
(2) Each of the ministers responsible, respectively, for
this Act, Part 7.1 of the Land Act and the Wildlife Act, in
writing, may
(a) delegate a power or duty of that minister under this
Act, including a quasi- judicial power or duty, but not including a prescribed
power or duty, to a
(i) person employed in a ministry,
(ii) a class of persons employed in a ministry, or
(iii) an agent of the Crown,
and this Act, a regulation or a standard applies to the
delegate as if the delegate were that minister,
(b) provide directions that are binding on the delegate
respecting the exercise of the power or the performance of the duty or function,
and
(c) vary or revoke a delegation or direction.
(3) Except in prescribed circumstances, a delegate under
subsection (2) may subdelegate the power or duty to
(a) a person employed in a ministry,
(b) a class of persons employed in a ministry, or
(c) an agent of the Crown. , and
(b) in subsection (5) by striking out "Sections 71 and
87" and substituting "Sections 71 (2) to (7) and
87".
78 Section 4 (2) is repealed and the following substituted:
(2) A person is not required to prepare a forest
stewardship plan under section 3 (1) or (2) for timber to be harvested or roads
to be constructed if the timber harvesting or the road construction
(a) is only for one or more of the purposes referred to in
subsection (1) (a) to (e) of this section, or
(b) is to be carried out in prescribed circumstances or
under prescribed conditions.
79 Section 5 (2) is repealed and the following substituted:
(1.1) The results and strategies referred to in subsection
(1) (b) must be consistent to the prescribed extent with objectives set by
government and with the other objectives referred to in section 5 (1) (b).
(2) A forest stewardship plan must be consistent with
timber harvesting rights granted by the government for any of the following to
which the plan applies:
(a) the timber supply area;
(b) the community forest agreement area;
(c) the tree farm licence area;
(d) the pulpwood area.
80 Section 7 (1.1) is repealed and the following
substituted:
(1.1) A proposed forest stewardship plan must be
considered to have received the minister's approval under section 16 (1) for the
parts, if any, of the plan, including but not limited to results and strategies
described in it, that pertain to a forest development unit that is in effect on
the date of the submission of the forest stewardship plan to the minister
unless
(a) one or more of the following events occur during the
period specified in subsection (2):
(i) an enactment applicable to the forest development unit
is made or amended;
(ii) an objective set by government applicable to the
forest development unit is established, varied or cancelled;
(iii) if specified by regulation, another objective
applicable to the forest development unit is established, varied or cancelled by
order under this Act or the regulations;
(iv) an area of land in or adjacent to the forest
development unit is designated by order under the regulations as a community
watershed;
(v) a community watershed in or adjacent to the forest
development unit is varied or cancelled by order under the regulations;
(vi) timber in the vicinity of the forest development unit
has suffered catastrophic damage, and
(b) the minister considers that the forest development
unit is inconsistent with the events described in paragraph (a) that occur.
81 Section 8 (1) is repealed and the following substituted:
(1) Subject to subsection (2), the holder of a forest
stewardship plan, within the applicable period under subsection (1.1), must
propose and submit for approval by the minister, amendments to the plan that
take into account an event described in section 7 (1.1) (a) (i), (ii) or (iii)
that affects an area under the plan.
(1.1) The applicable period under subsection (1) is
(a) 2 years, or
(b) a longer period specified
(i) in an enactment referred to in section 7 (1.1) (a)
(i),
(ii) in an objective set by government referred to in
section 7 (1.1) (a) (ii), or
(iii) in an order referred to in section 7 (1.1) (a)
(iii).
82 Section 15 (1) is amended
(a) in the definition of "amendment" by striking out
"objective set by government" and substituting
"objective", and
(b) by repealing the definition of "objective" and
substituting the following:
"objective" means
(a) an objective set by government, and
(b) an objective that is established under this Act or the
regulations
but does not include an objective referred to in section
13 (3).
83 Section 16 is amended
(a) by repealing subsections (1) and (1.1) and substituting the
following:
(1) The minister must approve a forest stewardship plan or
an amendment to a forest stewardship plan if it conforms to section 5.
(1.01) A forest stewardship plan or an amendment to a
forest stewardship plan conforms to section 5 if
(a) a person with prescribed qualifications certifies that
it conforms to section 5 in relation to prescribed subject matter, and
(b) the minister is satisfied that it conforms to section
5 in relation to subject matter not prescribed for the purpose of paragraph
(a).
(1.1) The minister must approve a woodlot licence plan or
an amendment to a woodlot licence plan if it conforms to section 13.
(1.2) A woodlot licence plan or an amendment to a woodlot
licence plan conforms to section 13 if
(a) a person with prescribed qualifications, certifies
that it conforms to section 13 in relation to prescribed subject matter, and
(b) the minister is satisfied that it conforms to section
13 in relation to subject matter not prescribed for the purpose of paragraph
(a). ,
(b) in subsection (2.1) by striking out "Before approving a
plan or amendment, the minister" and substituting "Except in
prescribed circumstances, before approving a plan or amendment, the minister
may", and
(c) by adding the following subsections:
(4) If the minister receives information that gives the
minister reason to believe that a forest stewardship plan, woodlot licence plan,
or an amendment to either, did not, at the time of its approval under this
section, conform, in relation to
(a) the prescribed subject matter referred to in
subsection (1.01) (a) to section 5, or
(b) the prescribed subject matter referred to in
subsection (1.2) (a) to section 13
the minister, after giving the holder of the plan an
opportunity to be heard,
(c) may determine whether the plan conformed, at the time
of its approval, with,
(i) section 5 in relation to the subject matter mentioned
in paragraph (a), or
(ii) section 13 in relation to the subject matter
mentioned in paragraph (b), and
(d) in the case of a plan determined under paragraph (c)
to be non-conforming, may order the holder to amend the plan to so conform, by a
date specified in the order.
(5) The holder of a forest stewardship plan or woodlot
licence plan who receives notice of an order made under subsection (4) must
comply with the order.
84 Section 19 (2) is repealed and the following
substituted:
(2) Section 8 does not apply to the portion of the area to
which a forest stewardship plan applies
(a) which portion is subject to a cutting permit, road
permit or timber sale licence,
(b) over which portion a road referred to in subsection
(4) is or has been constructed, or
(c) which portion conforms to prescribed criteria.
85 Section 22.1 (2) (c) is amended by striking out
"Geothermal Resources Act or Petroleum and Natural Gas
Act," and substituting "Geothermal Resources Act, Petroleum
and Natural Gas Act or Pipeline Act,".
86 Section 22.2 (3) is amended by striking out "subsection
(1)" and substituting "subsection (2)".
87 Section 22.3 (1) (a) is amended by striking out "section
21.1 (1) or (2)" and substituting "section 22.1 (1) or
(2)".
88 Section 25 is repealed and the following substituted:
Sanitation exemption
25 The minister may exempt a person in writing from
specified provisions of this Act, the regulations or the standards if the
minister considers it necessary or desirable so that the person may follow a
course of action specified by the minister for the purposes of limiting or
mitigating or both limiting and mitigating the spread of forest pests.
89 Section 29 (5) to (10) is repealed.
90 The following section is added:
Transfer of obligation to establish a free growing
stand
29.1 (1) A person who, under section 29 or Part 11,
has an obligation to establish a free growing stand may transfer the obligation
to another person by agreement if
(a) the agreement to transfer is in writing,
(b) the transfer meets the prescribed requirements,
and
(c) the parties to the agreement submit it to the minister
and the minister approves it.
(2) An agreement referred to in subsection (1) has no
effect if it does not receive the minister's approval under subsection (1)
(c).
(3) A person to whom an obligation to establish a free
growing stand was transferred by agreement under this section may transfer the
obligation by agreement to another person if
(a) the latter agreement to transfer is in writing,
(b) the transfer meets the prescribed requirements,
and
(c) the parties to the latter agreement submit it to the
minister and the minister approves it.
(4) An agreement referred to in subsection (3) has no
effect if it does not receive the minister's approval under subsection (3)
(c).
(5) Without limiting subsections (1) (b) and (3) (b), the
transfer must include the stocking requirements that pertain to the area.
(6) A person to whom an obligation to establish a free
growing stand is transferred under this section may amend the stocking
requirements that pertain to the area.
(7) If the minister approves an agreement under subsection
(1) (c) or (3) (c), the person who transferred the obligation is no longer
required, as of the date of the approval, to meet the obligation.
(8) If the minister approves an agreement under subsection
(1) (c) or (3) (c) and the person to whom the obligation is transferred is the
holder of an agreement listed in section 12 of the Forest Act,
(a) the transferred obligation is conclusively deemed to
be an obligation under the holder's agreement, and
(b) any security provided in respect of the holder's
agreement is conclusively deemed to be security for the purposes of the
transferred obligation,
except in prescribed circumstances.
91 Section 30 (1) (a) is amended by adding "forestry licence to
cut," after "timber licence,".
92 Section 66 (6) is repealed and the following
substituted:
(6) The official who issued an order under subsection (1)
or the minister
(a) must rescind the order if the official or the minister
determines that there were insufficient grounds for issuing the order, and
(b) may rescind the order in prescribed circumstances.
93 Section 67 is amended
(a) by repealing subsection (3) (b) and substituting the
following:
(b) after giving the person from whom the timber,
chattels, timber products or hay seized under subsection (1) (b), (c), (d) or
(g) an opportunity to be heard, sell at a public auction the timber, chattels,
timber products or hay. , and
(b) in subsection (7) by striking out "may by used" and
substituting "may be used".
94 Section 74 is amended
(a) by repealing subsection (1) and substituting the
following:
(1) If the minister determines that a person who
(a) is the holder of an agreement under the Forest
Act or the Range Act, or
(b) is in a prescribed category of persons
has contravened a provision of this Act, the Forest
Practices Code of British Columbia Act, or a regulation or standard made
under either Act, the minister may order the person to do work reasonably
necessary to remedy the contravention. , and
(b) by repealing subsection (3) (b) and substituting the
following:
(b) after giving the person an opportunity to be heard,
carry out the work; .
95 Section 76 is repealed.
96 The following section is added:
Extension of due date for administrative penalties
and other charges, on review or appeal
76.1 Despite section 130 (1) (a) of the Forest
Act, if
(a) an order or other determination under this Act imposes
an administrative penalty or other charge against a person, and
(b) the person, under section 80 or 82 of this Act may
request a review of the order or other determination or may appeal the order or
other determination,
the penalty or charge is due and payable on the date the
stay under section 78 of this Act ceases to apply.
97 Section 77 (1) is amended by striking out everything before
paragraph (d) and substituting the following:
(1) The minister, by order that meets the
prescribed requirements, may require a person who is the holder of an agreement
under the Forest Act or the Range Act or is in a prescribed
category of persons to
(a) remedy,
(b) mitigate, or
(c) stop,
in a manner and to the extent that is reasonable in the
circumstances, an act or omission of the person that the minister reasonably
believes will result in a contravention of the Acts and will or probably will
cause .
98 The heading to Division 4 of Part 6 is repealed and the following
substituted:
Division 4 -- Corrections, Reviews and Appeals
.
99 Section 78 (2) is amended by striking out "on being
satisfied that a stay would be contrary to the public interest" and
substituting "on being satisfied that a stay or a stay without those
conditions, as the case may be, would be contrary to the public
interest".
100 Section 80 is amended
(a) in subsection (1) by striking out "107 or 108" and
substituting "107, 108, 112 (1) (a) or 155 (2)", and
(b) in subsection (2) by striking out "minister" and
substituting "person conducting the review".
101 Section 83 (2) is amended by striking out "section 84
(3)" and substituting "section 84 (2)".
102 Section 87 is amended
(a) in subsection (3) (b) by striking out "order under section
26 (6), 27 (2), 51 (7) or (8), 54 (2), 57 (4), 66 (1) 74 (1), 77 (1) or (2),
77.1 (1) or (2)," and substituting "order under section 16 (5), 26
(6), 27 (2), 51 (7) or (8), 54 (2), 57 (4), 58 (1), 66 (1) 74 (1), 77 (1) or
(2), 77.1 (1) or (2),", and
(b) in subsection (4) by striking out "51
(6),".
103 Section 97 (1) (b) is amended by striking out
"is".
104 The following section is added:
Definition for sections 107 and 108
106.1 In sections 107 and 108, "operational
plan" includes
(a) a forest development plan,
(b) a logging plan,
(c) a range use plan, and
(d) a site level plan
to which Part 11 of this Act applies.
105 Section 107 is repealed and the following substituted:
Limitation on liability of persons to government
107 (1) A person who is the holder of an agreement
under the Forest Act or the Range Act or who meets the prescribed
requirements may submit to the district manager a written declaration specifying
(a) obligations under this Act, the regulations or
standards, or under an operational plan, permit or other authorization, that
have been fulfilled, and
(b) any of the following things to which the fulfillment
of the obligations is relevant:
(i) cutblocks and roads;
(ii) operational plans;
(iii) permits.
(2) The declaration under subsection (1) must
(a) be signed by the person referred to in that subsection
or on that person's behalf by an individual or the individuals authorized in
that regard, and
(b) specify the date on which the declaration is made.
(3) Subject to subsections (4) to (6), on the date of the
declaration submitted and signed in accordance with subsections (1) and (2), the
person who submitted the declaration is deemed to have fulfilled the specified
obligations that are referred to in subsection (1) (a).
(4) If
(a) within the prescribed period after receiving a
declaration submitted by a person under subsection (1), and
(b) after giving the person an opportunity to be
heard,
the minister determines by order that an obligation
specified in the declaration has not been fulfilled, the minister must give
written notice of the order to the person, including with the notice the reasons
for the order.
(5) The minister must not give written notice under
subsection (4) of an order to the effect that an obligation in respect of
establishing a free growing stand on an area has not been fulfilled unless the
minister has determined that
(a) a free growing stand has not been established, or
(b) a free growing stand has been established and the
following circumstances apply:
(i) at the time the declaration was made, the stand was
under threat from
(A) competing plants, shrubs or other trees established on
the area, or
(B) factors adverse to forest health in the area;
(ii) as a result of the threats referred to in
subparagraph (i), the stand is unlikely to remain a free growing stand without
further treatment.
(6) A person who submits a declaration under subsection
(1) remains responsible for fulfilling an obligation that under subsection (1)
(a) was specified as having been met if
(a) the minister has determined by order under subsection
(4), of which notice has been given in accordance with that section, that the
obligation has not been fulfilled, or
(b) the person
(i) made a material misrepresentation or misstatement of
fact in the declaration in relation to the obligation, or
(ii) omitted information from the declaration that the
person knew or ought to have known was material to determining whether the
obligation had been fulfilled.
106 Section 108 (6) is amended by striking out "before the
coming into force of this subsection" and substituting "before
December 17, 2002".
107 Section 109 (5) is repealed.
108 Section 112 is amended by adding the following
subsection:
(3) If a person is the subject of an order, exemption or
condition under this Act or the regulations, the person must comply with the
order, exemption or condition.
109 Section 113 is repealed and the following substituted:
Extension of time
113 The minister, or a person the minister
authorizes in writing, may extend a time required to do anything under
(a) this Act other than
(i) an appeal of a determination,
(ii) the time within which a proceeding must or may be
commenced, or
(iii) the time within which the minister must give the
notice referred to in section 107 (4), or
(b) the regulations or the standards unless the
regulations or standards specifically provide otherwise.
110 Section 114 is repealed and the following substituted:
Evidence of designation or delegation
114 (1) A document purporting to have been issued
by a minister referred to in the definition of "official" in section 1,
certifying that the minister has designated a person as an official under this
Act, is admissible as evidence of the designation without proof of the signature
or official character of the minister purporting to have signed the
document.
(2) A document, purporting to have been issued by
(a) the minister responsible for the administration of
this Act,
(b) the minister responsible for the administration of
Part 7.1 of the Land Act, or
(c) the minister responsible for the administration of the
Wildlife Act
and certifying that the minister has made a delegation
under this Act or the regulations, is admissible as evidence of the delegation
without proof of the signature or official character of the minister purporting
to have signed the document.
111 Section 116 (2) is repealed.
112 Section 120 (2) is amended by striking out "at the person's
own expense" and substituting "at the person's own expense unless
another provision of this Act or the regulations specifically provides
otherwise".
113 Section 121 (d) is repealed and the following
substituted:
(d) a person responsible for establishing a free growing
stand as a result of an agreement referred to in section 29.1 (1) or (3), .
114 Section 135 is repealed and the following substituted:
Special reports
135 If the chair considers a special report to be
in the public interest, he or she may make a special report to the minister or
comment publicly respecting a matter relating generally to the performance of
the board's duties under this Act or to a particular case investigated by the
board.
115 Section 151 is amended by adding the following:
(3) The Lieutenant Governor in Council may make
regulations respecting the transfer of obligations to establish a free growing
stand, including but not limited to prescribing
(a) stocking requirements that must be met, and
(b) security that must be provided as part of the transfer
of the obligation.
116 Section 170 (1) is repealed and the following
substituted:
(1) The Forest Practices Advisory Council is
continued and renamed as the Forest and Range Practices Advisory Council
(a) to undertake periodic reviews of the requirements that
apply to operational planning and forest practices or range practices under this
Act, the regulations and the standards, and
(b) to make recommendations to the minister on any
specific matter relevant to this Act that is referred to the council by the
minister,
and by regulation may be disestablished or
re-established.
117 The following section is added:
Offences during transition
177.1 A person who, on or after the effective date,
contravenes a requirement that before the effective date, it was an offence
under the Code or Code regulations to contravene, commits an offence and is
liable on conviction
(a) to a fine not exceeding the maximum amount specified
in the Code or the Code regulations for that offence,
(b) to imprisonment not exceeding the maximum amount
specified in the Code or the Code regulations for that offence, or
(c) to both.
118 Section 186 is amended by striking out "holder of a woodlot
licence" and substituting "holder of a woodlot licence or of a
licence to cut".
119 Section 195 (1) is amended by striking out "cutting permit
or road permit" and substituting "cutting permit, road permit or
licence to cut".
120 Section 197 is amended
(a) in subsection (4) by striking out "The approval of a forest
stewardship plan" and substituting "Unless otherwise specified in
a forest stewardship plan, the approval of the plan",
(b) in subsection (5) by striking out "the stocking standards
in the plan remain in effect" and substituting "unless otherwise
specified in a forest stewardship plan, the stocking standards in the plan
remain in effect", and
(c) in subsection (7) (a) by striking out "cutting permit in
effect" and substituting "cutting permit or licence to cut in
effect".
121 Section 202 (3) is amended by striking out "woodlot
licence" and substituting "woodlot licence
plan".
122 Section 203 is amended by adding the following
subsection:
(3) This section does not apply to a holder of a licence
to cut that is granted under a pulpwood agreement.
123 Section 204 is amended by adding the following
subsection:
(3) Despite subsections (1) and (2), a holder of a master
licence to cut, as defined in section 47.4 (1) of the Forest Act, who
harvests timber on an area under a cutting permit, whenever issued, must comply
with the requirements of the Code and the Code regulations that pertain to the
licence.
124 Section 205 (2) is repealed and the following
substituted:
(2) If the circumstances in subsection (1) (a) to (d) have
not occurred, the person who prepared a range use plan referred to in subsection
(1), whether the district manager or the holder, remains responsible for
preparing
(a) any amendments to the plan, or
(b) any replacement of the plan
required under the Code and the Code regulations.
125 Section 214 is amended
(a) by adding the following subsection:
(1.1) In accordance with the regulations, the board must
deal with complaints from the public respecting prescribed matters that relate
to a person's compliance with Parts 3 to 5 of the Code and with the Code
regulations in relation to those Parts. ,
(b) in subsection (2) by striking out "an audit or
investigation, under subsection (1)" and substituting "an audit or
investigation under subsection (1) and a complaint investigation under
subsection (1.1)", and
(c) by adding the following subsection:
(3) In accordance with the regulations, the board may
request the minister to review the approval of, or the giving effect to, a
forest development plan or range use plan or an amendment to either if
(a) the approval was made, or the plan or amendment was
given effect, after the effective date as defined in section 177, and
(b) the request for review was made not later than 45 days
after
(i) the notice of the approval was given to the holder of
the approved plan, or
(ii) the date on which the plan or amendment was given
effect.
126 Section 215 is amended
(a) by adding the following subsection:
(1.1) In accordance with the regulations, the board must
deal with complaints from the public respecting prescribed matters that relate
to a person's compliance with Part 5 of the Code and with the Code regulations
in relation to those Parts. , and
(b) in subsection (2) by striking out "an audit or
investigation under subsection (1)" and substituting "an audit or
investigation under subsection (1) and a complaint investigation under
subsection (1.1)".
Forest and Range Practices Amendment Act,
2003
127 The following provisions of the Forest and Range Practices
Amendment Act, 2003, S.B.C. 2003, c 55, are repealed:
(a) the portion of section 76 that amends sections 12 and 22 (d), (e)
and (g) of the Forest Act;
(b) section 77;
(c) the portion of section 80 that amends sections 41 (g) and 42 (2)
(b) (ii) and (iv) and (c) (iii) (D) and (3) (e) of the Forest Act;
(d) section 81;
(e) the portion of section 82 that amends section 51 (2) (a) (ii) and
(c) of the Forest Act;
(f) section 83 (b) and (c);
(g) the portion of section 84 that amends sections 78 (1) (a) (iii) and
(c) and 81 (3) (c) and (5) (d) of the Forest Act;
(h) sections 85 and 86;
(i) the portion of section 92 that repeals section 41 (8) to (13) of
the Forest Practices Code of British Columbia Act;
(j) the portion of section 101 that repeals section 171 of the Forest
Practices Code of British Columbia Act;
(k) the portion of section 103 that repeals section 220 of the Forest
Practices Code of British Columbia Act.
Forest Practices Code of British Columbia
Act
128 Section 2 of the Forest Practices Code of British Columbia Act,
R.S.B.C. 1996, c. 159, is amended
(a) by repealing subsection (1) and substituting the following:
(1) Private land described in a tree farm licence or
woodlot licence and Crown land must be managed and used in a way that is
consistent with one or more of the following:
(a) timber production, utilization and related
purposes;
(b) forage production and grazing by livestock and
wildlife and related purposes;
(c) recreation, scenery and wilderness purposes;
(d) water, fisheries, wildlife, biological diversity and
cultural heritage resource purposes;
(e) another prescribed purpose. ,
(b) by repealing subsections (2) and (3), and
(c) by repealing subsections (4) and (5) and substituting the
following:
(4) Despite subsections (1) to (3), under the Coal
Act, the Geothermal Resources Act, the Mineral Tenure Act or
the Petroleum and Natural Gas Act, a person may use or occupy Crown land
if the person does so in accordance with the regulations and, if required by the
regulations, with a special use permit.
(5) If required by the regulations, a person must obtain a
special use permit before using or occupying Crown land.
Forest (Revitalization) Amendment Act, 2003
129 Section 9 of the Forest (Revitalization) Amendment Act, 2003,
S.B.C. 2003, c. 30, as it enacts section 54.8 (2) of the Forest Act is
repealed.
Forestry Revitalization Act
130 Section 3 of the Forestry Revitalization Act, S.B.C. 2003, c. 17,
is amended
(a) by repealing subsections (1) and (2) and substituting the following
subsections:
(1) By order in writing, the minister
(a) must attribute a reduction in area under section 2 (2)
in equal or unequal portions, specified in the order, to one or more of the
timber licences held by a licensee that is the holder of one or more licences in
a group of licences, and
(b) for a timber licence to which all or a part of the
reduction referred to in paragraph (a) is attributed, may provide that the
reduction is to be accomplished by means of
(i) one reduction, or
(ii) a series of reductions occurring on different dates
specified in an order.
(1.1) By order in writing, the minister must specify, for
each of the timber licences referred to in subsection (1), the part of the area
of Crown land described in the timber licence that remains after
(a) the reduction made by section 2 (2), and
(b) the attribution under subsection (1).
(2) By order in writing, the minister
(a) must attribute a reduction of allowable annual cut
under section 2 (3) in equal or unequal portions, specified in the order, to one
or more of the licences in a group of licences, and
(b) for a licence to which all or a part of the reduction
referred to in paragraph (a) is attributed, may provide that the reduction is to
be accomplished by means of
(i) one reduction, or
(ii) a series of reductions occurring on different dates
specified in an order. , and
(b) by repealing subsection (5) and substituting the following
subsection:
(5) A minister's order under this section
(a) may be made on any date in the 3 years after March 31,
2003,
(b) may differ for different timber, places or
transactions or for different licences or timber licences, and
(c) on the date on which it is made
(i) is deemed to have come into force on March 31, 2003,
and
(ii) is retroactive to the extent necessary to give it
effect on and after March 31, 2003.
131 Section 6 is amended
(a) by repealing subsection (1) and substituting the
following:
(1) Each holder of an ungrouped licence is entitled to
compensation from the government for a reduction under section 2 (1) of the
allowable annual cut of the ungrouped licence, in an amount equal to the value,
for the unexpired portion of the term of the licence, of the harvesting rights
taken by means of the reduction. ,
(b) in subsection (2) by striking out ", which value must be
determined under the regulations",
(c) by repealing subsection (3) and substituting the
following:
(3) Each holder of a licence in a group of licences is
entitled to compensation from the government in respect of the part, if any, of
a reduction of the allowable annual cut of the licence that is made under
section 2 (3) and that is attributed under section 3 (2) to that licence, in an
amount equal to the value, for the unexpired portion of the term of the licence,
of the harvesting rights taken by means of the reduction. ,
(d) in subsection (5) by striking out "on the date this section
comes into force" and substituting "on March 31, 2003",
and
(e) by repealing subsection (7).
132 Section 8 (1) is amended by striking out "the date this Act
receives Royal Assent" and substituting "March 31,
2003".
133 Section 13 is amended
(a) by repealing subsection (2) (b) (v) and substituting the
following:
(v) prescribing requirements for the selection of
arbitrators. , and
(b) by adding the following subsection:
(5) Regulations under this section may be made retroactive
to March 31, 2003 or to a later date the Lieutenant Governor in Council may
specify by regulation and a regulation made retroactive in accordance with this
subsection is deemed to have come into force on the date specified in the
regulation.
134 The Schedule is amended
(a) by repealing item 10 and substituting the following:
| 10 |
GORMAN BROS. LUMBER GROUP |
|
7 030 |
| |
Gorman Bros. Lumber Ltd. |
A18671 |
|
| |
Gorman Bros. Lumber Ltd. |
A20173 |
|
(b) by adding the following item:
| 12.1 |
Lakeland Mills Ltd. |
A18163 |
12 457 |
(c) by repealing item 18,
(d) by adding the following item:
| 22.1 |
The Pas Lumber Company Ltd. |
A18171 |
76 385 |
(e) by repealing item 24 and substituting the following:
| 24 |
TOLKO GROUP |
|
246 595 |
| |
Tolko Industries Ltd. |
A18672 |
|
| |
Tolko Industries Ltd. |
A18686 |
|
| |
Tolko Industries Ltd. |
A18696 |
|
| |
Tolko Industries Ltd. |
A20010 |
|
Forest Stand Management Fund Act
135 Section 1 (3) of the Forest Stand Management Fund Act, R.S.B.C.
1996, c. 161, is repealed.
Forests Statutes Amendment Act, 1998
136 Section 5 of the Forests Statutes Amendment Act, 1998, S.B.C. 1998,
c. 29, as it enacts section 43.2 of the Forest Act is repealed.
Protected Areas Forests Compensation Act
137 Section 1 of the Protected Areas Forests Compensation Act, S.B.C.
2002, c. 51, is amended by repealing the definition of
"compensation".
138 Section 3 is amended by striking out "under section 60 of
the Forest Act" and substituting "under section 60 of the
Forest Act as that section read at the time of the deletion".
139 Section 4 (1) is amended by striking out "under section 60
of the Forest Act" and substituting "under section 60 of
the Forest Act as that section read at the time of the reduction".
140 Section 6 is amended by adding "or damages" after
"for compensation".
141 Section 7 is amended by adding the following
subsection:
(0.1) In this section, "compensation" includes
damages.
No application to settled claims of licence holders
142 The amendments made by section 75 of
this Act to Part 13 of the Forest Act do not apply in respect of a claim
by the holder of an agreement against the government for compensation because of
(a) the specification of a designated area, or
(b) an order
under Part 13 of the Forest Act if, before the
coming into force of this section, the holder has agreed with the government for
the settlement of the claim.
No action or proceeding arising out of certain amendments
under this Act
143 No action lies, and an action or other
proceeding must not be brought or continued against the government, for
compensation or damages arising as a direct or indirect consequence of
(a) the amendments made by this Act to Part 13 of the
Forest Act, or
(b) sections 144 and 145 of this Act.
Application of sections 60 to 60.95, 80, 80.1 and 151 (2)
(m.2) of the Forest Act
144 (1) In this section:
"agreement under the Forest Act" means an
agreement entered into under that Act in the form of a tree farm licence,
woodlot licence, timber licence, forest licence, timber sale licence or
community forest agreement;
"effective date" means the date this section
comes into force;
"former section 60" means section 60 of the
Forest Act as it read immediately before the effective date.
(2) Sections 60 to 60.95, 80, 80.1 and 151 (2) (m.2) and
(9) of the Forest Act apply on and after the effective date for
the purposes of determining
(a) if the holder of an agreement under the Forest
Act is entitled, because of a reduction or deletion under those sections
after the effective date, to compensation from the government, and
(b) the amount, if any, of the compensation.
(3) Despite
(a) the repeal of the former section 60 of the Forest
Act by section 38 of this Act, and
(b) the amendments to the Forest Act made by
sections 38 and 55 of this Act,
the former section 60 continues to apply for the purposes
of determining
(c) if the holder of an agreement under the Forest
Act is entitled, because of a reduction or deletion under the former section
60, to compensation from the government, and
(d) the amount, if any, of the compensation.
Application of Part 13 of the Forest Act as
amended by this Act
145 (1) In this section:
"agreement" means an agreement as defined in
section 168 of the Forest Act;
"effective date" means the date this section comes
into force.
(2) Without limiting the application of section 151 (2)
(m.2) and (9) or Part 13 of the Forest Act, as that Act is amended
by this Act, to and in respect of
(a) Crown land that on or after the effective date is
specified under section 169 of the Forest Act as a designated area,
and
(b) the holder of an agreement in respect of the Crown
land referred to in paragraph (a),
section 151 (2) (m.2) and (9) and Part 13 of the
Forest Act, as that Act is amended by this Act, apply to and in respect
of
(c) Crown land that
(i) was specified under section 169 of the Forest
Act as a designated area before the effective date, and
(ii) is a designated area under Part 13 of the Forest
Act under a regulation under that Part that remains in effect as of the
effective date, and
(d) the holder of an agreement in respect of the Crown
land referred to in paragraph (c).
Repeal of the Forest Practices Code of British
Columbia Act
146 The Forest Practices Code of British
Columbia Act is repealed.
Commencement
147 The provisions of this Act referred to in
column 1 of the following table come into force as set out in column 2 of the
table:
|
Item |
Column 1
Provisions of Act |
Column 2
Commencement |
|
1 |
Anything not elsewhere covered by this table |
The date of Royal Assent |
|
2 |
Sections 2, 21 and 22 |
By regulation of the Lieutenant Governor in Council |
|
3 |
That part of section 23 that enacts section 43.51 of the Forest
Act |
By regulation of the Lieutenant Governor in Council
|
|
4 |
Sections 25, 78 to 81, 83, 84, 89, 90, 94, 97, 102 and 113 |
By regulation of the Lieutenant Governor in Council
|
|
5 |
Sections 131 and 134 |
March 31, 2003 and are retroactive to the extent necessary to give
effect to them on and after that date |
|
6 |
Section 146 |
By regulation of the Lieutenant Governor in Council |