Section 3 (1) and (2) BEFORE amended by 2004-36-130(a), effective May 13, 2004 (Royal Assent).

(1)  By order in writing, the minister must

(a) 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) specify, for each of the timber licences referred to in paragraph (a) of this section, the part of the area of Crown land described in the timber licence that remains after

(i)  the reduction made by section 2 (2), and

(ii)  the attribution under paragraph (a) of this subsection.

(2)  By order in writing, the minister 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.

  Section 3 (1.1) was added by 2004-36-130(a), effective May 13, 2004 (Royal Assent).

  Section 3 (5) BEFORE amended by 2004-36-130(b), effective May 13, 2004 (Royal Assent).

(5)  A minister's order that must be made under this section

(a) may be made at any time within 3 years after the coming into force of section 2,

(b) may differ for different timber, places or transactions or for different licences or timber licences, and

(c) when made

(i)  is deemed to have come into force on the date this section comes into force, and

(ii)  is retroactive to the extent necessary to give it effect on and after that date.

  Section 3 (1) and (2) BEFORE amended by 2004-63-15(a), effective October 21, 2004 (Royal Assent).

(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.

(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.

  Section 3 (1.1) and (4) BEFORE amended by 2004-63-15(b), effective October 21, 2004 (Royal Assent).

(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).

(4)  By order in writing, the minister must specify, for each tree farm licence in a group of licences, the area of Crown land in the tree farm licence area that remains after the reduction made by subsection (3).

  Section 3 (5) BEFORE amended by 2004-63-15(c), effective October 21, 2004 (Royal Assent).

(5)  A ministers 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.

  Section 3 (5.1) was added by 2004-63-15(c), effective October 21, 2004 (Royal Assent).

  Section 3 (5) (a) BEFORE amended by 2006-13-26, effective March 30, 2006 (Royal Assent).

(a)  may be made or amended on any date in the 3 years after March 31, 2003,

  Section 3 (5) (a) (ii) BEFORE amended by 2009-34-12(b), effective November 26, 2009 (Royal Assent).

(ii)  on any date in the 5 years after March 31, 2003 if it is an order referred to in subsection (1), (1.1) or (4),

  Section 3 (5) (a) (iii) was added by 2009-34-12(c), effective November 26, 2009 (Royal Assent).

  Section 3 (5) (a) (ii) BEFORE amended by BC Reg 357/2010 under RS1996-440-12, effective December 6, 2010 (BC Reg 357/2010).

(ii)  on any date in the 5 years after March 31, 2003 if it is an order referred to in subsection (1) or (1.1), or,

  Section 5 (2) BEFORE amended by 2004-63-16(a), effective October 21, 2004 (Royal Assent).

(2)  A timber licence referred to in section 2 (2) is deemed amended to reflect the minister's order under section 3 (1).

  Section 5 (3) BEFORE amended by 2004-63-16(b), effective October 21, 2004 (Royal Assent).

(3)  A licence referred to in section 2 (3) is deemed amended to reflect the minister's orders under section 3 (3) and (4).

  Section 6 (1), (2) and (3) BEFORE amended by 2004-36-131(a), (b) and (c), effective March 31, 2003 [retro from May 13, 2004 (Royal Assent)].

(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 of the harvesting rights taken by means of the reduction, which value must be determined under the regulations, for the unexpired portion of the term of the licence.

(2)  Each holder of a timber licence is entitled to compensation from the government in respect of the part, if any, of a reduction in the area of Crown land described in the timber licence that is made under section 2 (2) and that is attributed under section 3 (1) to that licence in an amount equal to the value of the harvesting rights taken by means of the reduction, which value must be determined under the regulations.

(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 of the harvesting rights taken by means of the reduction, which value must be determined under the regulations, for the unexpired portion of the term of the licence.

  Section 6 (5) BEFORE amended by 2004-36-131(d), effective March 31, 2004 [retro from May 13, 2004 (Royal Assent)].

(5)  An entitlement to compensation under this section vests in the holder to which it applies on the date this section comes into force.

  Section 6 (7) BEFORE repealed by 2004-36-131(e), effective March 31, 2004 [retro from May 13, 2004 (Royal Assent)].

(7)  Unless the holder of an ungrouped licence, a timber licence or a licence in a group of licences, in a notice delivered to the minister, elects arbitration before a single arbitrator, an arbitration referred to in subsection (6) is before 3 arbitrators.

  Section 6 (4) BEFORE amended by 2007-18-91, effective May 31, 2007 (Royal Assent).

(4)  In addition to the compensation to which the holder of an ungrouped licence, a timber licence or a licence in a group of licences is entitled under subsection (1), (2) or (3), the holder is entitled to compensation from the government in an amount equal to the value, determined under the regulations, of improvements made to Crown land that

  Section 6 (4.1) was added by 2009-34-13, effective November 26, 2009 (Royal Assent).

  Section 6 (6) BEFORE amended by 2011-25-481,Sch, effective March 18, 2013 (BC Reg 131/2012).

(6)  A dispute between the minister and the holder of an ungrouped licence, a timber licence or a licence in a group of licences as to the amount of the compensation to which the holder is entitled under this section must be submitted to arbitration under the Commercial Arbitration Act.

  Section 7 (4) BEFORE repealed by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(4)  The Expropriation Act does not apply to a reduction under section 2 or 3 of this Act or to anything done by or under a minister's order referred to in section 3 of this Act.

  Section 8 (1) BEFORE amended by 2004-36-132, effective May 13, 2004 (Royal Assent).

(1)  This Act must be applied to and must be given effect in every action or other proceeding whether commenced before, on or after the date this Act receives Royal Assent.

  Section 12 BEFORE re-enacted by 2005-31-5, effective November 24, 2005 (Royal Assent).

  Section 13 (2) (b) (v) BEFORE amended by 2004-36-133(a), effective May 13, 2004 (Royal Assent).

(v)  prescribing requirements for the selection of

(A)  the arbitrators in an arbitration before 3 arbitrators, or

(B)  the arbitrator in an arbitration before a single arbitrator.

  Section 13 (5) was added by 2004-36-133(b), effective May 13, 2004 (Royal Assent).

  Schedule, item 2 BEFORE amended by 2003-56-27, effective March 31, 2003 [retro from October 23, 2003 (Royal Assent)].

  Schedule, item 10 BEFORE amended by 2004-36-134(a), effective March 31, 2003 [retro from May 13, 2004 (Royal Assent)].

  Schedule, item 12.1 was added by 2004-36-134(b), effective March 31, 2003 [retro from May 13, 2004 (Royal Assent)].

  Schedule, item 18 BEFORE repealed by 2004-36-134(c), effective March 31, 2003 [retro from May 13, 2004 (Royal Assent)].

  Schedule, item 22.1 was added by 2004-36-134(d), effective March 31, 2003 [retro from May 13, 2004 (Royal Assent)].

  Schedule, item 24 BEFORE amended by 2004-36-134(e), effective March 31, 2003 [retro from May 13, 2004 (Royal Assent)].

  Schedule, item 21 BEFORE amended by 2005-31-6(a), effective November 24, 2005 (Royal Assent).

  Schedule, item 21 line added by 2005-31-6 (b), effective November 24, 2005 (Royal Assent).