BILL 27 – 2003
FORESTS STATUTES AMENDMENT ACT, 2003

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

 
College of Applied Biology Act

1 The College of Applied Biology Act, S.B.C. 2002, c. 68, is amended by adding the following:

 
Consequential Amendment

 
Freedom of Information and Protection of Privacy Act

39.1 Schedule 3 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by adding "College of Applied Biology".

 
Forest Act

2 Section 1 (1) of the Forest Act, R.S.B.C. 1996, c. 157, is amended

(a) by adding the following definitions:

"BC timber sales agreement" means a licence referred to in any of paragraphs (b) to (e) of section 109 (2);

"timber sales manager" means

(a) the deputy minister of the Ministry of Forests, or

(b) a timber sales manager appointed under the Ministry of Forests Act for a BC timber sales business area; ,

(b) in the definition of "forest officer" by striking out "the chief forester or a regional manager" and substituting "the chief forester, a regional manager or a timber sales manager",

(c) by repealing the definitions of "Small Business Forest Enterprise Account" and "small business forest enterprise revenue", and

(d) by repealing the definition of "special forest products" and substituting the following:

"special forest products" means forest products designated by regulation as special forest products; .

3 Section 12 is repealed and the following substituted:

Form of agreements

12 (1) A district manager, a regional manager or the minister, on behalf of the government, may enter into an agreement granting rights to harvest Crown timber in the form of a

(a) forest licence,

(b) timber sale licence,

(c) timber licence,

(d) tree farm licence,

(e) pulpwood agreement,

(f) community forest agreement,

(g) woodlot licence,

(h) free use permit,

(i) licence to cut,

(j) road permit, or

(k) Christmas tree permit.

(2) A timber sales manager, on behalf of the government, may enter into an agreement granting rights to harvest Crown timber in the form of a timber sale licence or road permit.

4 Section 13 (1.1) is repealed.

5 Section 20 is amended

(a) in subsections (1) to (3), (5) and (6) by adding ", timber sales manager" after "regional manager" wherever it appears,

(b) in subsection (3) (a) by striking out "small business forest enterprises as established by regulation," and substituting "BC timber sales enterprises,", and

(c) in subsection (4) by adding "or timber sales manager" after "regional manager".

6 Section 21 is amended

(a) in subsection (1) by striking out "small business forest enterprises as established by regulation." and substituting "BC timber sales enterprises.",

(b) in subsection (5) by adding ", timber sales manager" after "regional manager" in both places, and

(c) in subsection (6) by striking out "regional or district manager" and substituting "regional manager, timber sales manager or district manager" in both places.

7 Section 22 is amended

(a) in paragraph (e.1) by striking out "that is a small business agreement" and substituting "that is a BC timber sales agreement", and

(b) in paragraph (g) by adding ", timber sales manager" after "regional manager".

8 Section 23 is amended

(a) in subsection (1) by adding ", timber sales manager" after "regional manager" wherever it appears,

(b) by repealing subsection (1) (f) and substituting the following:

(f) the timber sale licence is with a person that is contracted by the government to carry out an activity funded through the BC Timber Sales Account and a timber sales manager considers it desirable to remove timber from the contract area in conjunction with the contract, or ,

(c) in subsection (2) by adding "or timber sales manager" after "regional manager", and

(d) in subsection (3) by striking out "regional manager, a district manager or a forest officer authorized by either of them," and substituting "regional manager, a timber sales manager, a district manager or a forest officer authorized by any of them,".

9 Section 35 (1) (h) is amended by striking out "small business forest enterprises," and substituting "BC timber sales enterprises,".

10 Section 44 is amended by adding the following subsection:

(10.1) If the person whose application is approved under subsection (8) or whose tender is approved under subsection (10) neglects or declines to enter into the woodlot licence or becomes ineligible to enter into the licence, the regional manager or district manager may approve the next best woodlot application or tender, or, at the direction of the minister, may refuse to approve any of the applications or tenders.

11 Section 45 is amended by renumbering the section as section 45 (1) and by adding the following subsection:

(2) Despite subsection (1), the Crown land portion of a woodlot licence may exceed the limits specified in subsection (1) (b) (ii) (A) or (B) if

(a) the woodlot licence was entered into before January 1, 2003, and

(b) the excess Crown land was included in the woodlot licence as a result of mapping inaccuracies.

12 Section 46.1 (2) to (4) is amended by striking out "the production capacity of the facility is less than the prescribed production capacity and".

13 Sections 47.1 and 112 (2) are amended by striking out "section 45 (b) (ii)" and substituting "section 45 (1) (b) (ii)".

14 Sections 52 (1), (2) (b) and (3), 81 (3) and (6) (b), 113 (1) and 131 (a) are amended by adding ", timber sales manager" after "regional manager" wherever it appears.

15 Sections 60 (9), 79 (1.2) and (1.4) (a), 116 and 118 (d) are amended by adding "or timber sales manager" after "district manager" wherever it appears.

16 Section 67 (3) is amended by adding "or" at the end of paragraph (b) and by repealing paragraph (c).

17 Sections 72 (9) and 73 (8) (a) are amended by striking out "for the purposes of paragraphs (a) and (e) of the definition of "volume of timber harvested during a calendar year" in section 53 (1)," and substituting "for the purposes of section 53 (1.1) (a) to (e),".

18 Section 76 (1) (c) and (1.1) (d) is amended by striking out "section 45 (f.1)" and substituting "section 45 (1) (f.1)".

19 Section 78 is repealed and the following substituted:

BC timber sales -- disqualification, suspension and cancellation

78 (1) By notice served on a BC timber sales enterprise, 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 BC timber sales enterprise, indefinitely or for a specified period, from being registered as a BC timber sales enterprise;

(b) disqualify the BC timber sales enterprise 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

(i) BC timber sales agreements, or

(ii) associated road permits

held by the BC timber sales enterprise;

(d) cancel any

(i) BC timber sales agreements, or

(ii) associated road permits

held by the BC timber sales enterprise.

(2) The timber sales manager may take an action under subsection (1) against a BC timber sales enterprise if satisfied that the BC timber sales enterprise

(a) has made a material misrepresentation, omission or misstatement of fact in

(i) an application by the BC timber sales enterprise for registration under the regulations or in information furnished with the application,

(ii) an application by the BC timber sales enterprise for a BC timber sales agreement or in information furnished with the application, or

(iii) an operational plan, as defined in the Forest Practices Code of British Columbia Act, prepared by the BC timber sales enterprise,

(b) has not performed an obligation of the BC timber sales enterprise 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 Practices Code of British Columbia Act or a regulation or standard made under that Act.

(3) The timber sales manager may impose conditions with which a BC timber sales enterprise referred to in subsection (1) (a) to (c) must comply before a disqualification or suspension under subsection (1) is rescinded.

(4) Sections 76 and 77 do not apply to a suspension under subsection (1) (c) or to a cancellation under subsection (1) (d).

(5) Despite subsection (1), and subject to the regulations under subsection (6), if any, the timber sales manager must disqualify a BC timber sales enterprise, 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 BC timber sales enterprise did not comply with the agreement.

(6) For the purposes of subsection (5), 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.

20 Section 85 is amended

(a) by repealing subsections (1) to (3) and substituting the following:

(1) On application that identifies private land on which there is timber, in a form required by the minister, and on payment of the fee, if any, required by the minister, the registrar must

(a) issue a certificate, or a renewal certificate, that describes a timber mark and identifies the private land

(i) to the person, if any, who is identified as the owner of the timber under a charge registered in the land title office against the private land, or

(ii) if no charge as described in subparagraph (i) is registered in the land title office against the private land, to the person who, according to the records of the land title office is the beneficial owner of the private land as

(A) the registered owner in fee simple, or

(B) the holder of an agreement to purchase the private land,

(b) issue to an agent of the government or to a private utility company a certificate or renewal certificate that describes a timber mark and identifies the private land and the agent or company to which the certificate pertains, if the registrar is satisfied that the agent or utility has the authority to harvest the timber, and

(c) issue to the holder of a woodlot licence a certificate that describes a timber mark and identifies the private land that is subject to the woodlot licence to which the certificate pertains, if the registrar is satisfied that the woodlot licence holder has the authority to harvest the timber.

(2) The registrar may include terms and conditions in the certificate and the holder of the certificate must comply with those terms and conditions.

(3) On application by the holder of a certificate issued under subsection (1) (a), the registrar may approve the use of a timber mark described in the certificate, for timber owned by the applicant and cut on private land other than the private land originally described in the certificate.

(3.1) On application by the holder of a certificate issued under subsection (1) (b), the registrar may approve the use of a timber mark described in the certificate, for timber cut on private land other than the private land originally described in the certificate, if the registrar is satisfied that the agent or utility has the authority to harvest the timber from that other private land.

(3.2) As a condition precedent to issuing a timber mark under subsection (1) or granting an approval under subsection (3) or (3.1), the registrar may require evidence to his or her satisfaction that the applicant for the timber mark or approval is the owner of the timber according to the records of the land title office. , and

(b) in subsection (4) by striking out "under subsection (3)" and substituting "under subsection (3) or (3.1)".

21 Section 109 is repealed and the following substituted:

BC Timber Sales Account

109 (1) The Small Business Forest Enterprise Account is renamed as the BC Timber Sales Account and continued as a special account in the general fund of the consolidated revenue fund.

(2) The revenue due to the government under this Act, derived from the following sources must be credited to the BC Timber Sales Account:

(a) fees and charges that BC timber sales enterprises are required to pay under this Act or a BC timber sales agreement;

(b) timber sale licences under section 20;

(c) timber sale licences under sections 21, 23 (1) (c), (d), (e) and (f), (2) and (3) and 24 (7);

(d) timber sale licences under section 24 (2) that have an allowable annual cut of 10 000 m3 or less;

(e) forest licences under section 13 (1.1), as it was immediately before the coming into force of this paragraph;

(f) deposits for BC timber sales agreements realized under a regulation made under section 151 (2) (e);

(g) security for BC timber sales agreements realized under the regulations made under section 79 (1.4).

(3) Subject to subsection (4), money in the BC Timber Sales Account may be expended

(a) to defray the costs of

(i) preparing or purchasing operational plans for agreements that yield revenue referred to in subsection (2), and

(ii) carrying out or purchasing assessments to formulate the plans,

(b) to defray the costs of meeting the requirements of section 70 (2) and (4) of the Forest Practices Code of British Columbia Act for an area of land covered by a silviculture prescription that

(i) was prepared under section 22 (1) (a) and (1.1) of that Act before its repeal, and

(ii) is incidental to operations that yield revenue referred to in subsection (2).

(c) to defray the costs of construction and maintenance of logging roads and bridges, protection of forests and administration and other forest management requirements that are incidental to operations that yield revenue referred to in subsection (2), and

(d) to purchase, rent or lease a logging road or bridge for a purpose that is incidental to operations that yield revenue referred to in subsection (2).

(4) After consultation with the minister, the Treasury Board may direct that the balance of the BC Timber Sales Account be reduced by an amount equal to any part of the balance not required for the purposes set out in subsection (3).

22 Section 115 is amended

(a) by repealing subsection (1) and substituting the following:

(1) A person who has a right to harvest timber may apply under this section to

(a) the district manager or timber sales manager for a road permit to

(i) construct or modify a road on Crown land, or

(ii) maintain an existing road on Crown land, other than a forest service road, or

(b) the district manager for a road use permit to use

(i) a forest service road, or

(ii) a road for which there is an active road permit, special use permit, cutting permit or timber sale licence that does not provide for cutting permits. , and

(b) in subsections (2) and (3) by adding "or timber sales manager" after "district manager" wherever it appears.

23 Section 120 is repealed.

24 Section 121 (9) is repealed and the following substituted:

(9) The minister

(a) may discontinue and close a right of way or forest service road or a part of either by notice given by publication

(i) in the Gazette, or

(ii) in a newspaper

(A) published in a forest district that contains all or a substantial part of the right of way or forest service road, or

(B) that the minister believes on reasonable grounds is likely to be read by persons affected by the discontinuance or closure,

(b) may limit a discontinuance and closure under paragraph (a) to a specified period,

(c) may assign a right of way or forest service road or a part of either to the minister responsible for the administration of the Highway Act, and

(d) in the case of a discontinuance or closure not limited to a specified period, may dispose of any land that was comprised in the right of way or forest service road to

(i) an owner of the land of which the right of way or forest service road originally formed part, or

(ii) an owner of land adjoining that land.

25 Section 127 is repealed and the following substituted:

Crown timber to be used in British Columbia

127 Unless exempted under this Part, timber that is harvested from Crown land, from land granted by the government after March 12, 1906 or from land granted by the government before March 12, 1906 in a tree farm licence area, and wood residue produced from the timber, must be

(a) used in British Columbia, or

(b) manufactured in British Columbia into wood products to the extent of manufacture specified by regulation.

26 Section 132 is amended

(a) in subsection (1) by adding ", timber sales manager" after "regional manager" in both places, and

(b) in subsections (2) (c) and (3) by adding "or timber sales manager" after "regional manager".

27 Section 136 is amended

(a) by repealing subsections (1) and (2) and substituting the following:

(1) A person who harvests timber, who buys or sells timber or products manufactured from timber or who operates a timber processing facility must keep accurate records.

(1.1) A person referred to in subsection (1) must report in writing the information referred to in subsection (1.2) to the regional manager for agreements referred to in section 12 (1) or to a timber sales manager for BC timber sales agreements, in the manner and at the times required by the minister.

(1.2) The following information must be reported under subsection (1.1):

(a) the volume of timber harvested;

(b) the volumes and prices of timber, or products manufactured from timber, that are bought or sold;

(c) the quantities of products manufactured in the facility and the prices obtained for them;

(d) the cost of each of the following:

(i) harvesting timber;

(ii) constructing and maintaining logging roads and bridges;

(iii) manufacturing timber products in the facility;

(iv) selling products that are manufactured from timber;

(e) the nature and extent of basic silviculture carried out and the expenditures incurred in doing that;

(f) sales information of a kind that is usually contained in an invoice related to timber.

(2) Records kept under subsection (1) may be inspected at reasonable times

(a) by a timber sales manager, if the records are relevant to a BC timber sales agreement, or

(b) by the regional manager or a forest officer authorized by the regional manager, if the records are relevant to any other agreement. , and

(b) in subsection (3) by striking out "a report submitted under subsection (1) (b) to (d) or information contained in it" and substituting "information reported under subsection (1.1)".

28 Section 137 (1) is amended by adding ", a timber sales manager" after "a regional manager".

29 Section 142 is amended by adding the following paragraph:

(c.1) timber sales manager, .

30 Section 143 (1) and (2) is repealed and the following substituted:

(1) A review may be required under this Division of

(a) a determination, order or decision of a district manager under section 53 (1.1) (d), 76 (1), (2) or (6), 77 (1) (c) or 112 (2),

(b) a determination, order or decision of a timber sales manager under section 78,

(c) a determination, order or decision of a regional manager under section 53 (1.1) (d), 59, 59.1 (9) or (10), 66 (6) (b), 70 (2) or (4), 75, 76 (1), (2) or (6), 77 (1) (b) or 112 (2), and

(d) a determination of an employee of the ministry under section 105 (1).

(2) A review of the determinations, orders and decisions referred to

(a) in subsection (1) (a) and (d) is to be conducted by the regional manager,

(b) in subsection (1) (b) is to be conducted by a person authorized by the minister, and

(c) in subsection (1) (c) is to be conducted by the chief forester.

31 Section 146 is repealed and the following substituted:

Determinations that may be appealed

146 (1) Subject to subsection (3), an appeal may be made to the Forest Appeals Commission from a determination, order or decision that was the subject of a review required under Division 1 of this Part.

(2) An appeal may be made to the Forest Appeals Commission from a determination, order or decision of

(a) the chief forester, under section 60 (2), 68, 70 (1), 77 (1) (a) or 112 (1), and

(b) the chief forester, by way of a determination, under section 66 (4) (b) or (5) (b), of the area of Crown land described in that section.

(3) No appeal may be made under subsection (1) unless the determination, order or decision has first been reviewed under Division 1 of this Part.

(4) If a determination, order or decision referred to in subsection (1) is varied by the person conducting the review, the appeal to the commission is from the determination, order or decision as varied under section 145.

(5) If this Act gives a right of appeal, this Division applies to the appeal.

32 Section 147 is amended

(a) in subsection (1) by striking out everything before paragraph (a) and substituting "If a determination, order or decision referred to in section 146 (1) or (2) is made, the person", and

(b) in subsection (1) (c) (ii) by striking out "146 (1) (c) and (d)" and substituting "146 (2)".

33 Section 151 is amended

(a) in subsection (2) by adding the following paragraphs:

(p.1) prescribing the extent of manufacture for the purposes of section 127 (b);

(y) respecting BC timber sales enterprises, including but not limited to establishing categories of BC timber sales enterprises. , and

(b) by adding the following subsection:

(2.1) The Lieutenant Governor in Council may make regulations defining words and expressions used but not defined in this Act.

34 Section 151.1 is amended

(a) in subsections (2) (a) and (b), (5) and (8) by adding "BC timber sales business area," before "forest district",

(b) in subsection (2) (c) by adding "2 or more BC timber sales business areas," before "2 or more forest districts",

(c) by adding the following subsection:

(3.2) A BC timber sales business area established under subsection (2) is a BC timber sales business area for the purposes of section 2 (1) (d.1) of the Ministry of Forests Act. , and

(d) in subsection (4) by adding "BC timber sales business areas" before "forest districts".

35 Section 163 (f) is amended by adding "timber sales manager," after "regional manager,".

 
Forests Statutes Amendment Act, 2002

36 Section 8 of the Forests Statutes Amendment Act, 2002, S.B.C. 2002, c. 45, is repealed.

 
Ministry of Forests Act

37 Section 2 of the Ministry of Forests Act, R.S.B.C. 1996, c. 300, is amended

(a) in subsection (1) by adding the following paragraph:

(d.1) a timber sales manager for a BC timber sales business area established under the Forest Act, or if no BC timber sales business area is established, for the Province; ,

(b) in subsection (4) by striking out "chief forester or a regional manager." and substituting "chief forester, a timber sales manager or a regional manager.", and

(c) by adding the following subsection:

(6) The timber sales manager may designate one or more employees of the ministry to act temporarily in his or her place as a timber sales manager.

38 Sections 7 to 10 are repealed.

Transitional

39 (1) The amendments made by this Act to the Forest Act apply in respect of an agreement referred to in section 12 of the Forest Act, whether entered into before or after the coming into force of this subsection.

(2) The Lieutenant Governor in Council may make regulations considered necessary or advisable for the purpose of more effectively bringing into operation the Forest Act as amended by this Act, and the amendments made by this Act, and to remedy any difficulties encountered in doing so.

(3) A regulation made under this section may

(a) be made retroactive to a date not earlier than the coming into force of subsection (1),

(b) delegate a matter to a person,

(c) confer a discretion on a person, and

(d) make different regulations for different persons, places, things or transactions.

(4) This section is repealed on December 31, 2005, and on its repeal any regulations made under it are also repealed.

Commencement

40 Sections 1 to 10, 12, 14 to 17, 19 to 22, 25 to 37 and 39 come into force by regulation of the Lieutenant Governor in Council.