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B.C. Reg. 56/2006, deposited March 28, 2006, pursuant to the FOREST ACT [Section 151]. Order in Council 163/2006, approved and ordered March 27, 2006.
On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that the BC Timber Sales Regulation, B.C. Reg. 265/88, is amended as set out in the attached Schedule.
— R. COLEMAN, Minister of Forests and Range and Minister Responsible for Housing; M. COELL, Presiding Member of the Executive Council.
Schedule
1 Section 2 (2) (b) of the BC Timber Sales Regulation, B.C. Reg. 265/88, is amended by striking out "timber harvesting operations" and substituting "primary timber harvesting operations".
2 Section 3 (4), 4 (1), 4.1 (1) and 5 (1), (2) (a) and (3) are repealed.
3 Sections 4 (3) (b) and 4.1 (3) (b) are amended by striking out "and (3)".
4 Section 6 (4) is amended by striking out "cancel" and substituting "may cancel".
5 The following section is added:
Transfer of category 2 registration
9 (1) If registered under section 4 as a BC timber sales enterprise in category 2, an individual registrant may apply in writing to the timber sales manager to transfer the registration to another individual or corporation.
(2) The timber sales manager must accept an application under subsection (1) if satisfied that the intended transferor is not the holder of a BC timber sales agreement, the rights under which are suspended in whole or in part under section 78 or 78.1 of the Act, and the intended recipient of the transfer
(a) is either
(i) an individual of at least 19 years of age who is the spouse or one of any sons, daughters or siblings of the transferor, to the intent that the registration is to be transferred to only one individual, or
(ii) a corporation registered in British Columbia that is controlled by one or more individuals, each of whom is the spouse or a son, daughter or sibling of the transferor, to the intent that the registration is to be transferred to only one corporation,
(b) is not the holder of a BC timber sales agreement the rights under which are suspended in whole or in part under section 78 or 78.1 of the Act,
(c) is not registered as a BC timber sales enterprise, and
(d) owns or leases a timber processing facility in British Columbia for which no other individual or corporation is registered in a category under this regulation.
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