BILL 41 – 2002
FOREST (FIRST NATIONS DEVELOPMENT) AMENDMENT ACT, 2002

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

1 Section 13 (7) of the Forest Act, R.S.B.C. 1996, c. 157, is amended by striking out "under sections 15 to 17" and substituting "under sections 15 to 17 and 47.3".

2 Section 14 is amended by striking out "and" at the end of paragraph (g) and by adding the following paragraph:

(g.1) if the licence 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, the licence must state that it is a condition of the licence that the first nation comply with the agreement, and .

3 Section 20 is amended by adding the following subsection:

(7) This section does not apply to a timber sale licence entered into under section 47.3.

4 Section 22 is amended by striking out "and" at the end of paragraph (f) and by adding the following paragraph:

(f.1) if the licence 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, the licence must state that it is a condition of the licence that the first nation comply with the agreement, and .

5 Section 43.3 is amended by striking out "and" at the end of paragraph (g) and by adding the following paragraph:

(g.1) if the community forest agreement provides that it is entered into with a first nation or its representative to implement or further an agreement, the "other agreement", between the first nation and the government respecting treaty-related measures, interim measures or economic measures, the community forest agreement must state that it is a condition of the community forest agreement that the first nation comply with the other agreement, and .

6 Section 43.5 is amended by adding the following subsections:

(1.1) Despite subsection (1), the minister, without accepting applications from other persons, may direct the regional manager or district manager to enter into a community forest pilot agreement if

(a) the community forest pilot 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 community forest pilot agreement is entered into under prescribed circumstances or its holder meets prescribed requirements.

(1.2) Before directing the regional manager or district manager, under subsection (1), to enter into a community forest pilot agreement with the representative of a first nation, the minister must be satisfied that the intended holder of the agreement is a person or other legal entity and has been appointed by the first nation as its representative.

7 Section 44 (14) is amended by striking out "under section 46" and substituting "under sections 46 and 47.3".

8 Section 45 is amended by striking out "and" at the end of paragraph (f) and by adding the following paragraph:

(f.1) if the licence 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, the licence must state that it is a condition of the licence that the first nation comply with the agreement, and .

9 The following Division is added

Division 8.1 -- Direct Awards

No advertising required

47.3 (1) The minister, without advertising or inviting other applications, may invite an application for a forest licence, timber sale licence or woodlot licence and direct the regional manager or district manager to enter into the licence with the applicant if the licence

(a) 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) is entered into with a person to mitigate the effects on that person of

(i) a treaty,

(ii) a specification of a designated area under Part 13, or

(iii) an agreement with a first nation and the government respecting treaty-related measures, interim measures or economic measures.

(2) Before directing the regional manager or district manager, under subsection (1), to enter into a licence with the representative of a first nation, the minister must be satisfied that the intended holder of the licence is a person or other legal entity and has been appointed by the first nation as its representative.

10 Section 76 is amended

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

(c) did not perform an obligation to be performed under the agreement, other than an obligation described in section 14 (g.1), 22 (f.1), 43.3 (g.1) or 45 (f.1), or , and

(b) by adding the following subsection:

(1.1) In addition to any penalty, charge or order under this Act or the regulations or the Forest Practices Code of British Columbia Act or the regulations made under that Act, the minister or a person authorized by the minister may suspend, in whole or in part, rights under

(a) a forest licence if there is a contravention of the condition described in section 14 (g.1),

(b) a timber sale licence if there is a contravention of the condition described in section 22 (f.1),

(c) a community forest agreement if there is a contravention of the condition described in section 43.3 (g.1), or

(d) a woodlot licence if there is a contravention of the condition described in section 45 (f.1).

11 Section 77 is amended

(a) in subsection (1) by repealing paragraphs (b) and (c) and substituting the following:

(b) the regional manager may cancel an agreement or road use permit other than

(i) an agreement referred to in paragraph (a), or

(ii) a forest licence, timber sale licence, community forest agreement or woodlot licence referred to in section 76 (1.1), and

(c) the district manager may cancel an agreement or road use permit other than

(i) a forest licence,

(ii) an agreement referred to in paragraph (a), or

(iii) a timber sale licence, community forest agreement or woodlot licence referred to in section 76 (1.1). ,

(b) by adding the following subsection:

(1.1) If rights under a forest licence, timber sale licence, community forest agreement or woodlot licence have been suspended under section 76 (1.1), the minister or a person authorized by the minister may cancel the licence or agreement. , and

(c) in subsections (2) and (3) by striking out "chief forester, regional manager or a district manager," and substituting "minister, person authorized by the minister, chief forester, regional manager or district manager,".