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2004 Legislative Session: 5th Session, 37th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE MIKE DE JONG
MINISTER OF FORESTS
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2 Section 6 is repealed.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4 Section 12 (1) (b) is repealed.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6 Section 16 (6) is repealed.
7 Section 19 (6) is repealed and following substituted: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:
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:
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:
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:
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.
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.
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:
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
60.93 If the amount of compensation is not agreed, it must be submitted for determination under the Commercial Arbitration Act.
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.
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:
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
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:
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.
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:
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.
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:
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:
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:
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.
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:
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.
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:
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).
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:
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.
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.
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.
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:
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:
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:
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:
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:
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:
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:
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:
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:
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.
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.
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.
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.
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).
146 The Forest Practices Code of British Columbia Act is repealed.
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 |
Forest Act
SECTION 1: [Forest Act, section 1]
SECTION 2: [Forest Act, section 6] removes the discretion to designate wilderness areas.
SECTION 3: [Forest Act, section 8] makes a change because community forest agreements will now refer to an allowable annual cut instead of to a "rate of timber harvesting".
SECTION 4: [Forest Act, section 12] removes the discretion of a district manager, a regional manager or the minister to enter into timber sale licences. This will now be in the sole discretion of the timber sales manager.
SECTION 5: [Forest Act, section 14]
SECTION 6: [Forest Act, section 16] in the provision respecting the surrender of tree farm licences, repeals a subsection that refers to procedures under section 34, a repealed provision.
SECTION 7: [Forest Act, section 19] adds the references to amendments in section 19 (6).
SECTION 8: [Forest Act, section 20] is consequential to the amendment made to section 12 of the Act by this Bill.
SECTION 9: [Forest Act, section 22]
SECTION 10: [Forest Act, section 24.4] amends the provision that allows the addition of "timber sale licence allowable annual cut" to forest licences to clarify its application to one or more pre-existing licences.
SECTION 11: [Forest Act, section 24.9] makes a correction to provide that the date of conversion, of the referenced pre-existing licence, into a forestry licence to cut is the pre-existing licence's deemed date of surrender.
SECTION 12: [Forest Act, section 31] authorizes the regional manager to extend the term of a timber licence for up to 3 years on application of the licence holder and removes the discretion to do so without the consent of the licence holder.
SECTION 13: [Forest Act, section 33] corrects a cross reference
SECTION 14: [Forest Act, section 35] recasts section 35 (1) (h) for clarity and updates cross references.
SECTION 15: [Forest Act, section 35.1] amends section 35.1 of the Act to eliminate as unneeded the definition of forest resources and to refer to "objectives set by government" instead of to "higher level plans".
SECTION 16: [Forest Act, section 36] updates cross references.
SECTION 17: [Forest Act, section 39] adds the references to amendments in section 39 (6).
SECTION 18: [Forest Act, section 39.1] allows the minister to change the boundary or area of a tree farm licence with the consent of its holder.
SECTION 19: [Forest Act, section 41] substitutes a reference for the more recent of the 2 statutes.
SECTION 20: [Forest Act, section 43.1] repeals the definition of "botanical forest product", an expression that may be defined by regulation, if need be.
SECTION 21: [Forest Act, section 43.2] provides for the minister or a person authorized by the minister to invite applications for a probationary community forest agreement and to enter into such an agreement with the successful applicant.
SECTION 22: [Forest Act, section 43.5] repeals provisions relating to community forest pilot agreements as a consequence of the addition to the Act by this Bill of section 43.51 providing for the direct award of probationary community forest agreements.
SECTION 23: [Forest Act, sections 43.51, 43.52 and 43.53]
SECTION 24: [Forest Act, section 43.8] requires that a community salvage licence between the government and a first nation or its representative must contain the statement described.
SECTION 25: [Forest Act, section 44] recasts section 44, respecting inviting applications for and entering into woodlot licences with successful applicants, to provide for the Lieutenant Governor in Council to prescribe requirements for applications and the evaluation of applications.
SECTION 26: [Forest Act, section 45]
SECTION 27: [Forest Act, section 47.3] corrects a typographical error.
SECTION 28: [Forest Act, section 47.4] corrects a cross-reference.
SECTION 29: [Forest Act, section 47.5]
SECTION 30: [Forest Act, section 47.6]
SECTION 31: [Forest Act, section 47.7] removes the references to cutting Crown timber as being irrelevant, given that it is the removal of the timber that triggers the requirement to pay stumpage assessments.
SECTION 32: [Forest Act, section 53]
SECTION 33: [Forest Act, section 54.1] removes unnecessary words.
SECTION 34: [Forest Act, section 54.4] restricts the application of section 54.4 (1) (d) to a particular type of licence to cut.
SECTION 35: [Forest Act, section 58.1] amends section 58.1 of the Act
SECTION 36: [Forest Act, section 58.2]
SECTION 37: [Forest Act, section 58.3]
SECTION 38: [Forest Act, sections 60 to 60.95] repeals section 60 of the current Act for the purpose of reorganizing the subject matter of that section into discrete components each dealt with under its own section number, i.e., in the substituted sections 60 to 60.95. Headnotes descriptive of the subject matter of each section are provided.
Under this reorganization:
SECTION 39: [Forest Act, section 61] in the provision relating to temporary reductions in allowable annual cut, adds the reference to community forest agreement area.
SECTION 40: [Forest Act, section 70] improves readability, adds the references to community forest agreements and defines "soil disturbance" by reference to the Forest and Range Practices Act.
SECTION 41: [Forest Act, section 73] is consequential to this Bill adding the definition of "operational plan" to section 1 of the Act.
SECTION 42: [Forest Act, section 75.1]
SECTION 43: [Forest Act, section 75.2]
SECTION 44: [Forest Act, section 75.21] provides a limit on the total cut for forestry licences to cut and community salvage licences and for a penalty for exceeding the limit.
SECTION 45: [Forest Act, section 75.4] extends the period in which the holder of a licence, as defined, who terminates a cut control period for the licence must deliver notice of termination of the first or a subsequent cut control period determined under section 75.4 of the Act.
SECTION 46: [Forest Act, section 75.41] in the provision respecting the cut control limit for major licences,
SECTION 47: [Forest Act, section 75.5]
SECTION 48: [Forest Act, section 75.51] in the provision respecting cut control limits for "other licences",
SECTION 49: [Forest Act, section 75.92] removes a reference to a repealed provision.
SECTION 50: [Forest Act, section 75.93]
SECTION 51: [Forest Act, section 75.94] supplies a missing section cross reference.
SECTION 52: [Forest Act, section 76] makes amendments as a consequence of those made to section 78 of the Act by this Bill and adds the references to section 43.8 (g.1).
SECTION 53: [Forest Act, section 77] clarifies section 77 (1) of the Act, adds subsection (1) (a) and makes amendments that are consequential to those made to section 78 of the Act by this Bill.
SECTION 54: [Forest Act, sections 78 and 78.1]
SECTION 55: [Forest Act, sections 80 and 80.01]
SECTION 56: [Forest Act, section 80.2] amends the provision that pertains to determining compliance with the "Acts", as defined.
SECTION 57: [Forest Act, section 90] in section 90 of the Act, governing the transfer of timber marks, scaled timber brands or marine log brands, updates the language to reflect changes previously made to Division 2 of Part 4 of the Act.
SECTION 58: [Forest Act, section 103] amends the opening words of section 103 (3) (which requires payments additional to stumpage in the circumstances described) so that the provision will apply additionally in respect of timber that is removed.
SECTION 59: [Forest Act, section 105]
SECTION 60: [Forest Act, section 109]
SECTION 61: [Forest Act, section 112]
SECTION 62: [Forest Act, section 121.1] allows regional managers to authorize persons to act for them under Part 9 of the Act.
SECTION 63: [Forest Act, section 143] adds the references to section 112 (3) of the Act and removes a reference in paragraph (c) to a repealed provision, section 71 (1) (d).
SECTION 64: [Forest Act, section 146] re-enacts section 146 (2) of the Act to remove current paragraph (b) that referred to a provision that has been repealed, to re-letter paragraph (c) as (b) and to update references in paragraph (a).
SECTION 65: [Forest Act, section 151]
SECTION 66: [Forest Act, sections 151.4 and 151.5] provides regulation making powers to adapt cut control provisions.
SECTION 67: [Forest Act, section 157]
Section 157 (d) (iii) (B), respecting rights in certain contingencies not under the control of either party to a replaceable contract or subcontract, which provision presently refers to change required by government, will now refer also to changes required by licence holders. The other listed references to specific types of requirements in respect of which regulations may be made are new.
SECTION 68: [Forest Act, sections 157.1 and 157.2]
section 157.1:
section 157.2:
SECTION 69: [Forest Act, section 163] adds the reference to section 105.1 to provide that a contravention of that section is an offence punishable by a fine not exceeding $500 000 or to imprisonment for not more than 2 years or to both.
SECTION 70: [Forest Act, section 163.1] makes corrections.
SECTION 71: [Forest Act, sections 168 and 169]
SECTION 72: [Forest Act, section 170] is consequential to addition of the definition of "agreement" in section 168 of the Act.
SECTION 73: [Forest Act, section 170] omits a redundancy.
SECTION 74: [Forest Act, section 173] in the provision dealing with the reduction of allowable annual cut as a result of a specification of a designated area, adds the references to community forest agreements.
SECTION 75: [Forest Act, sections 175.1 to 175.4] specifies the compensation payable to the holder of an agreement because of or arising out of the specification of a designated area or an order made under Part 13 of the Act. Under these sections:
Forest and Range Practices Act
SECTION 76: [Forest and Range Practices Act, section 1] recasts the definition of "official" to enable employees of the Oil and Gas Commission to be designated as officials in specified provisions of the Act and regulations and to refer more generically to the relevant ministries.
SECTION 77: [Forest and Range Practices Act, section 2]
SECTION 78: [Forest and Range Practices Act, section 4] expands the circumstances in which a person will not need to prepare a forest stewardship plan.
SECTION 79: [Forest and Range Practices Act, section 5] provides that it is the results and strategies, rather than the forest stewardship plan that contains them, that must be consistent with objectives set by government and certain other objectives under the Act.
SECTION 80: [Forest and Range Practices Act, section 7]
SECTION 81: [Forest and Range Practices Act, section 8] repeals and replaces section 8 (1) of the Act to add the references to section 7 (1.1) (a) (iii), and to add clarity.
SECTION 82: [Forest and Range Practices Act, section 15] corrects a cross-reference, amends the definitions of "objective" to add paragraph (b) as shown and to remove a paragraph that refers to the Forest Practices Code of British Columbia Act.
SECTION 83: [Forest and Range Practices Act, section 16] amends section 16 of the Act respecting the approval of a forest stewardship plan, woodlot licence plan or amendment. Under these amendments:
SECTION 84: [Forest and Range Practices Act, section 19] expands the circumstances in which an amendment to a forest stewardship plan is not required under section 8 of the Act, to include the circumstances described in paragraphs (a), (b) and (c).
SECTION 85: [Forest and Range Practices Act, section 22.1] adds a reference to the Pipeline Act in the provision that allows persons developing natural resources other than timber to use roads described in section 22.1 (2) of the Act.
SECTION 86: [Forest and Range Practices Act, section 22.2] corrects a cross-reference.
SECTION 87: [Forest and Range Practices Act, section 22.3] corrects a cross-reference.
SECTION 88: [Forest and Range Practices Act, section 25] recasts section 25 of the Act to apply only to "the spread of forest pests" and to allow exempted persons to follow a specified course of action to deal with forest pests.
SECTION 89: [Forest and Range Practices Act, section 29] is consequential to the addition of section 29.1 by this Bill.
SECTION 90: [Forest and Range Practices Act, section 29.1] expands the categories of persons who may transfer obligations to establish free growing stands, re- enacts section 29 (5) to (10) of the present Act which, with minor changes, become section 29.1 (1) to (6) and adds new subject matter in the form of the last 2 subsections of the new section 29.1.
SECTION 91: [Forest and Range Practices Act, section 30] respecting free growing stands for non-replaceable licences, adds a reference to forestry licence to cut in the definition of licence holder.
SECTION 92: [Forest and Range Practices Act, section 66] recasts section 66 (6) to provide that rescinding the order in question is mandatory if it was made on insufficient grounds and adds the additional ground for rescission in prescribed circumstances.
SECTION 93: [Forest and Range Practices Act, section 67] adds the requirement to provide the opportunity to be heard and corrects a typographical error.
SECTION 94: [Forest and Range Practices Act, section 74]
SECTION 95: [Forest and Range Practices Act, section 76] repeals the section of the Act that provides when administrative penalties or charges are due because the section is redundant in the light of section 130 of the Forest Act.
SECTION 96: [Forest and Range Practices Act, section 76.1] provides for extension of the due date for administrative penalties or other charges to take into account reviews and appeals.
SECTION 97: [Forest and Range Practices Act, section 77] broadens section 77 of the Act to include persons in prescribed categories. Section 77 is the section of the Act that provides for the minister's general power of intervention in order to require measures to avert probable impending contraventions causing adverse, forestry, environmental or public health impacts.
SECTION 98: [Forest and Range Practices Act, heading to Division 4] adds to the heading of Division 4 the references to corrections and reviews to more accurately reflect the content of the division.
SECTION 99: [Forest and Range Practices Act, section 78] adds a reference to "a stay without those conditions".
SECTION 100: [Forest and Range Practices Act, section 80]
SECTION 101: [Forest and Range Practices Act, section 83] corrects a cross-reference.
SECTION 102: [Forest and Range Practices Act, section 87]
SECTION 103: [Forest and Range Practices Act, section 97] corrects a typographical error.
SECTION 104: [Forest and Range Practices Act, section 106.1] adds a definition for sections 107 and 108 of the Act to clarify that those provisions apply in respect of existing plans under the Forest Practices Code of British Columbia Act during the transition period under Part 11 of the Act as amended by this Bill.
SECTION 105: [Forest and Range Practices Act, section 107]
SECTION 106: [Forest and Range Practices Act, section 108] allows the minister to grant the relief or funding in respect of an event that occurred on or after December 17, 2002 causing damage, instead of on or after January 31, 2004.
SECTION 107: [Forest and Range Practices Act, section 109] repeals a subsection that imposes too narrow restrictions on what can be disclosed in proceedings before a court. The narrowness of the repealed provision conflicts with the intent of the present section 109 (3), which adequately specifies limits on disclosure and provides the necessary exceptions.
SECTION 108: [Forest and Range Practices Act, section 112] requires compliance with orders, exemptions or conditions imposed under this Act.
SECTION 109: [Forest and Range Practices Act, section 113]
SECTION 110: [Forest and Range Practices Act, section 114]
SECTION 111: [Forest and Range Practices Act, section 116] removes a disincentive for persons taking appropriate remedial action after an offence or contravention under the Act has occurred.
SECTION 112: [Forest and Range Practices Act, section 120] makes section 120 (2) of the Act consistent with section 120 (1).
SECTION 113: [Forest and Range Practices Act, section 121] changes the cross-references to refer to sections 29.1 (1) or (3) as enacted by this Bill.
SECTION 114: [Forest and Range Practices Act, section 135] repeals section 135 (1) and (2) of the Act (which have not been brought into force) as being unnecessary and re-enacts section 135 (3) of the Act as section 135.
SECTION 115: [Forest and Range Practices Act, section 151] enables regulations respecting the transfer of obligations to establish free growing stands.
SECTION 116: [Forest and Range Practices Act, section 170] renames the council as the Forest and Range Practices Advisory Council and retains the existing regulatory discretion with respect to the council.
SECTION 117: [Forest and Range Practices Act, section 177.1] provides equivalency in respect of offences and the penalties applicable to them, for the period of transition from enforcement under the Forest Practices Code of British Columbia Act to enforcement under the Forest and Range Practices Act.
SECTION 118: [Forest and Range Practices Act, section 186] provides that Division 4, Part 11, [Transition for Operational Plans and Practices], is inapplicable in respect of holders of woodlot licences (as at present) and of licences to cut.
SECTION 119: [Forest and Range Practices Act, section 195] makes the provision respecting applications for cutting permits and road permits before a forest stewardship plan is approved applicable also to licences to cut.
SECTION 120: [Forest and Range Practices Act, section 197] provides flexibility in relation to the standards applicable to existing obligations for the area of a forest stewardship plan after its approval.
SECTION 121: [Forest and Range Practices Act, section 202] supplies a missing word.
SECTION 122: [Forest and Range Practices Act, section 203] provides that the general transition provision for licences to cut is inapplicable in respect of a licence to cut granted under a pulpwood agreement.
SECTION 123: [Forest and Range Practices Act, section 204] provides that the relevant requirements under the Forest Practices Code of British Columbia Act apply to a master licence to cut (as defined) whenever issued.
SECTION 124: [Forest and Range Practices Act, section 205] clarifies that the person, be it the holder or the district manager, who prepares a range use plan is the one responsible for any required amendments to, or replacement of, the plan.
SECTION 125: [Forest and Range Practices Act, section 214] includes the function of hearing complaints, as described, to the board's mandate and allows the board to request the minister to review an approval of, or the giving of effect to, a plan or amendment, as described.
SECTION 126: [Forest and Range Practices Act, section 215] includes the function of hearing complaints, as described, to the board's mandate.
Forest and Range Practices Amendment Act, 2003
SECTION 127: [Forest and Range Practices Amendment Act, 2003, various repeals] repeals various amendments to other enactments, which amendments are not in force and are no longer needed.
Forest Practices Code of British Columbia Act
SECTION 128: [Forest Practices Code of British Columbia Act, section 2] expands when the regulations may require a special use permit so that it may be required in respect of certain private land and of all Crown land rather than certain categories of Crown land.
Forest (Revitalization) Amendment Act, 2003
SECTION 129: [Forest (Revitalization) Amendment Act, 2003, section 9] repeals an unneeded transitional provision that has not been brought into force.
Forestry Revitalization Act
SECTION 130: [Forestry Revitalization Act, section 3] makes amendments to the provision that provides for "minister's orders" under the Forestry Revitalization Act. Under these amendments:
SECTION 131: [Forestry Revitalization Act, section 6] makes amendments to the section 6 of the Act that provides for compensation under the Forestry Revitalization Act. These amendments:
SECTION 132: [Forestry Revitalization Act, section 8] substitutes a reference to March 31, 2003 (when the Act received Royal Assent) for the present references to Royal Assent.
SECTION 133: [Forestry Revitalization Act, section 13]
SECTION 134: [Forestry Revitalization Act, Schedule] makes corrections to the Schedule to ensure that the licences referred to in item 1 of the Schedule are correctly described and are listed under the appropriate group name, shown in bold type, for the group of licences to which the licences belong.
Forest Stand Management Fund Act
SECTION 135: [Forest Stand Management Fund Act, section 1] eliminates a subsection that refers to a repealed provision.
Forests Statutes Amendment Act, 1998
SECTION 136: [Forests Statutes Amendment Act, 1998, section 5] repeals a provision that has been superseded by the enactment of section 43.2 of the Forest Act by this Bill.
Protected Areas Forests Compensation Act
SECTION 137: [Protected Areas Forests Compensation Act, section 1] is consequential to the amendment made by this Bill.
SECTION 138: [Protected Areas Forests Compensation Act, section 3] provides that the revised compensation regime made to the Forest Act by this Bill will not affect the compensation payable to holders of licences under the Forest Act to which holders the Protected Areas Forests Compensation Act applies. Their compensation will continue to be governed by section 60 of the Forest Act as it read before being amended by this Bill.
SECTION 139: [Protected Areas Forests Compensation Act, section 4] is consequential to the amendment to section 3 of the Act by this Bill.
SECTION 140: [Protected Areas Forests Compensation Act, section 6] amends the section to refer to "compensation or damages" instead of just to compensation as a consequence of the repeal of the definition of compensation in section 1 of the Act.
SECTION 141: [Protected Areas Forests Compensation Act, section 7] includes damages in the definition of compensation added for this provision, as a consequence of the repeal of the definition of compensation in section 1 of the Act.
SECTION 142: [No application to settled claims of licence holders] ensures that the compensation amendments made to Part 13 of the Forest Act by this Bill do not affect a settlement reached before the amendments come into force.
SECTION 143: [No action or proceeding arising out of certain amendments under this Act] protects the government against proceedings claiming compensation or damages because of changes to the Forest Act as described.
SECTION 144: [Application of sections 60 to 60.95, 80, 80.1 and 151 (m.2) of the Forest Act]
SECTION 145: [Application of Part 13 of the Forest Act as amended by this Act] clarifies the application, on and after the effective date as defined, of the revised compensation regime made to Part 13 of the Forest Act by this Bill to the holder of an "agreement" as defined;
SECTION 146: [Repeal of the Forest Practices Code of British Columbia Act] provides for the repeal of the parts of the Code that are still in use. Since this section comes into force by regulation it can be used to repeal specified provisions as and when needed.
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