Section 1 definition of "ministry" was added by BC Reg 157/2012, effective June 25, 2012.
Section 2 (a), (b) and (c) BEFORE amended by BC Reg 157/2012, effective June 25, 2012.
(a) if
(i) the total volume of timber to be authorized for harvesting under the licence is equal to or less than 25 000 m3, or
(ii) the timber must be removed expeditiously because it is in imminent danger of being damaged, destroyed or otherwise lost,
a minimum of 2 weeks before the date of sale;
(b) if the total volume of timber to be authorized for harvesting under the licence is greater than 25 000 m3 and equal to or less than 100 000 m³, a minimum of 4 weeks before the date of sale;
(c) if the total volume of timber to be authorized for harvesting under the licence is greater than 100 000 m3, a minimum of 8 weeks before the date of sale.
Section 1 definition of "supplemental forest licence" was added by BC Reg 190/2014, effective October 24, 2014.
Section 1 definition of "supplemental forest licence" BEFORE repealed by BC Reg 62/2024, effective April 1, 2024.
"supplemental forest licence" has the same meaning as in section 14.2 (1) of the Act.
Section 3 (c) (iii) BEFORE amended by BC Reg 133/2011, effective July 21, 2011.
(iii) a name of a place in the forest region where persons are able to obtain details of the proposed licence.
Section 3 (a) and (c) BEFORE amended by BC Reg 157/2012, effective June 25, 2012.
(a) must be published
(i) by posting the advertisement on a publicly accessible website maintained by or on behalf of the ministry a minimum of 8 weeks before the date of sale, and
(ii) in at least one newspaper circulating in or near the area proposed for the licence with at least one advertisement in every second week within the period of 8 consecutive weeks from the date of publication on the website, and
(c) must include
(i) an informal description of the land proposed for the licence,
(ii) the place and a date, at least 4 months following the date of publication on the website, for the public hearing referred to in section 33 (2) of the Act, and
(iii) an address where persons are able to obtain details of the proposed licence.
Section 4 (b) (ii) BEFORE amended by BC Reg 133/2011, effective July 21, 2011.
(ii) the name of a place in the forest region or forest district where persons can obtain details of the proposed agreement.
Sections 4 to 6 BEFORE re-enacted by BC Reg 157/2012, effective June 25, 2012.
Community forest agreement
4 An advertisement inviting applications for a community forest agreement
(a) must be published by posting the advertisement on a publicly accessible website maintained by or on behalf of the ministry a minimum of 4 weeks before the date of sale, and
(b) must include
(i) an informal description of
(A) the land that is proposed for the agreement, or
(B) the geographic area where the agreement area will be located, and
(ii) an address where persons can obtain details of the proposed agreement.
[am. B.C. Regs. 294/2007, s. 3; 210/2009, s. (1); 133/2011, Sch. s. 2.]
Community salvage licence
5 An advertisement inviting applications for a community salvage licence
(a) must be published by posting the advertisement on a publicly accessible website maintained by or on behalf of the ministry a minimum of 4 weeks before the date of sale, and
(b) must include
(i) an informal description of the land proposed for the licence, and
(ii) an address where persons can obtain details of the proposed licence.
[am. B.C. Regs. 294/2007, s. 4; 133/2011, Sch. s. 2.]
Woodlot licence
6 An advertisement inviting applications for a woodlot licence
(a) must be published by posting the advertisement on a publicly accessible website maintained by or on behalf of the ministry a minimum of 4 weeks before the date of sale, and
(b) must include
(i) an informal description of the land proposed for the licence, and
(ii) an address where persons can obtain details of the proposed licence.
[am. B.C. Regs. 294/2007, s. 5; 133/2011, Sch. s. 2.]
Section 5 (b) (ii) BEFORE amended by BC Reg 133/2011, effective July 21, 2011.
(ii) the name of a place in the forest region or forest district where persons can obtain details of the proposed licence.
Section 5 BEFORE repealed by BC Reg 158/2023, effective July 15, 2023.
Community salvage licence
5 An advertisement inviting applications for a community salvage licence must be published by posting the advertisement on a publicly accessible website maintained by or on behalf of the ministry for a minimum of 4 weeks immediately before the date of sale.
[en. B.C. Reg. 157/2012, Sch. 1, s. 4.]
Section 6 (b) (ii) BEFORE amended by BC Reg 133/2011, effective July 21, 2011.
(ii) the name of a place in the forest region or forest district where persons can obtain details of the proposed licence.
Section 7 (1) (a) and (c) BEFORE amended by BC Reg 318/2012, effective November 9, 2012.
(a) an offer of a forest licence made under section 15 (1.1) or (1.2) of the Act or an intent to offer a forest licence under section 15 (1.1) of the Act,
(c) an offer of a tree farm licence made under section 36 (1.1) or (1.2) of the Act or an intent to offer a tree farm licence under section 36 (1.1) of the Act,
Section 8 (1) BEFORE amended by BC Reg 157/2012, effective June 25, 2012.
(1) If, under Part 3 of the Act, an application is made for a forest licence, timber licence, tree farm licence, community salvage licence, woodlot licence or forestry licence to cut, the application must include
(a) in cash or by certified cheque an amount that equals one year's rent for the licence, as calculated according to the Act, and
(b) in cash, by certified cheque or by other security acceptable to the minister, a deposit that equals the amount calculated under section 9, according to the information available at the time of the application.
Section 8 (0.1) was added by BC Reg 157/2012, effective June 25, 2012.
Section 8 (2) (a) and (b) BEFORE amended by BC Reg 157/2012, effective June 25, 2012.
(a) an offer of a replacement for a forest licence, timber licence, tree farm licence or woodlot licence is made, or
(b) a forest licence, timber licence, tree farm licence or woodlot licence is surrendered for replacement,
Section 8 (1) (part) BEFORE amended by BC Reg 73/2013, effective February 28, 2013.
(1) An applicant for a forest licence, timber licence, tree farm licence, community salvage licence, woodlot licence, first nations woodland licence, forestry licence to cut or fibre supply licence to cut must pay in cash or by certified cheque,
(b) a forest licence, timber licence, tree farm licence or woodlot licence is surrendered for replacement,
Section 8 (1) (a) (ii) BEFORE amended by BC Reg 73/2013, effective February 28, 2013.
(ii) a deposit that equals the amount calculated under section 9, according to the information available at the time of the application, which amount, in the case of the successful applicant, to be held by the government as security for performance as described in section 151 (11) of the Act, and
Section 8 (3) (part) BEFORE amended by BC Reg 73/2013, effective February 28, 2013.
must include in cash, by certified cheque or by other security acceptable to the minister a deposit in the amount specified in the invitation for application or the offer or surrender, as the case may be.
Sections 8 (4) and (5) were added by BC Reg 73/2013, effective February 28, 2013.
Section 8 (1) BEFORE amended by BC Reg 158/2023, effective July 15, 2023.
(1) An applicant for a forest licence, timber licence, tree farm licence, community salvage licence, woodlot licence, first nations woodland licence, forestry licence to cut or fibre supply licence to cut must pay,
Section 9 BEFORE re-enacted by BC Reg 133/2011, effective July 21, 2011.
Amount of deposit
9 (1) The deposit referred to in section 8 (1) or (2) is
(a) for a tree farm licence, 10¢/m3 of the allowable annual cut,
(b) for a forest licence, 15¢/m3 of the allowable annual cut,
(c) for a community salvage licence, $1 500,
(d) for a woodlot licence, $1 000,
(e) for a forestry licence to cut entered into under
(i) section 24.8 or 24.9 of the Act, 20¢/m3 of the total licence volume,
(ii) section 47.3 of the Act, 20¢/m3 of the total licence volume, and
(iii) section 47.6 (2) or (2.1) of the Act
(A) that is not competitively awarded, an amount determined by the regional manager or district manager that is the sum of 10% of the first $100 000 of the total estimated stumpage value plus 5% of the remaining total estimated stumpage value, and
(B) that is competitively awarded, an amount determined by the regional manager or district manager, and
(f) for a forestry licence to cut entered into under
(i) Repealed. [B.C. Reg. 381/2008, Sch. B, s. 2.]
(ii) section 47.6 (4) of the Act, an amount determined by the regional manager or district manager.
(2) If under subsection (1) (e) (iii) (A) the minimum amount of deposit is less than $500, the deposit required must be
(a) zero, or
(b) $500,
as determined by the regional manager or the district manager.
[am. B.C. Regs. 66/2006; 294/2007, s. 8; 381/2008, Sch. B, s. 2.]
Section 9 (1) (e) and (f) BEFORE amended by BC Reg 157/2012, effective June 25, 2012.
(e) for a forestry licence to cut entered into under
(i) section 24.8 or 24.9 of the Act, 20¢/m3 of the total licence volume,
(ii) section 47.3 of the Act, 20¢/m3 of the total licence volume, and
(iii) section 47.6 (2) of the Act
(A) that is not competitively awarded, an amount determined by the minister that is the sum of 10% of the first $100 000 of the total estimated stumpage value plus 5% of the remaining total estimated stumpage value, and
(B) that is competitively awarded, an amount determined by the minister, and
(f) for a forestry licence to cut entered into under
(i) Repealed. [B.C. Reg. 381/2008, Sch. B, s. 2.]
(ii) section 47.6 (4) of the Act, an amount determined by the minister.
Section 9 (1) (g) and (h) were added by BC Reg 157/2012, effective June 25, 2012.
Section 9 (2) BEFORE amended by BC Reg 157/2012, effective June 25, 2012.
(2) If under subsection (1) (e) (iii) (A) the minimum amount of deposit is less than $500, the deposit required must be
(a) zero, or
(b) $500,
as determined by the minister.
Section 9 (1) (h) BEFORE amended by BC Reg 73/2013, effective February 28, 2013.
(h) for a first nations woodland licence, 10¢/m3.
Section 9 (1) (a), (b) and (h) BEFORE amended by BC Reg 190/2014, effective October 24, 2014.
(a) for a tree farm licence, 10¢/m3 of the allowable annual cut,
(b) for a forest licence, 15¢/m3 of the allowable annual cut,
(h) for a first nations woodland licence, 10¢/m3 of the allowable annual cut.
Section 11.1 BEFORE re-enacted by BC Reg 133/2011, effective July 21, 2011.
Amount of deposit for competitively awarded forestry licence to cut
11.1 Before entering into a forestry licence to cut under section 47.6 (2) or (2.1) that is competitively awarded, the successful applicant for the licence must pay the government, on demand, the difference between the deposit provided under section 9 (1) (e) (iii) (B) and an amount calculated in accordance with section 9 (1) (e) (iii) (A).
[en. B.C. Reg. 294/2007, s. 9.]
Section 11.1 BEFORE amended by BC Reg 157/2012, effective June 25, 2012.
Amount of deposit for competitively awarded forestry licence to cut
11.1 Before entering into a forestry licence to cut under section 47.6 (2) of the Act that is competitively awarded, the successful applicant for the licence must pay the government, on demand, the difference between the deposit provided under section 9 (1) (e) (iii) (B) and an amount calculated in accordance with section 9 (1) (e) (iii) (A).
[en. B.C. Reg. 294/2007, s. 9; am. B.C. Reg. 133/2011, Sch. s. 6.]
Section 11.1 BEFORE renumbered as (1) and 11.1 (2) was added by BC Reg 73/2013, effective February 28, 2013.
Amount of deposit for competitively awarded forestry licence to cut
11.1 Before entering into a forestry licence to cut under section 47.6 (2) of the Act that is competitively awarded, the successful applicant for the licence must pay the government, on demand, the difference between the deposit provided under section 9 (2) (b) and an amount calculated in accordance with section 9 (2) (a).
[en. B.C. Reg. 294/2007, s. 9; am. B.C. Regs. 133/2011, Sch. s. 6; 157/2012, Sch. 1, s. 7.]
Section 12 BEFORE re-enacted by BC Reg 133/2011, effective July 21, 2011.
Refund if application not approved or if conditionally approved
12 If an application for a forest licence, timber licence, tree farm licence, community salvage licence, woodlot licence or forestry licence to cut is not approved or is approved subject to a condition, the money paid under section 8 in respect of the application may be refunded, if the regional manager or district manager, as applicable, is satisfied that there is no need for a deposit.
[en. B.C. Reg. 381/2008, Sch. B, s. 3.]
Section 12 BEFORE amended by BC Reg 157/2012, effective June 25, 2012.
Refund if application not approved or if conditionally approved
12 If an application for a forest licence, timber licence, tree farm licence, community salvage licence, woodlot licence or forestry licence to cut is not approved or is approved subject to a condition, the money paid under section 8 in respect of the application may be refunded, if the minister is satisfied that there is no need for a deposit.
[en. B.C. Reg. 381/2008, Sch. B, s. 3; am. B.C. Reg. 133/2011, Sch. s. 7.]
Section 12 BEFORE re-enacted by BC Reg 73/2013, effective February 28, 2013.
Refund if application not approved or if conditionally approved
12 If an application for a forest licence, timber licence, tree farm licence, community salvage licence, woodlot licence, forestry licence to cut or fibre supply licence to cut is not approved or is approved subject to a condition, the money paid under section 8 in respect of the application may be refunded, if the minister is satisfied that there is no need for a deposit.
[en. B.C. Reg. 381/2008, Sch. B, s. 3; am. B.C. Regs. 133/2011, Sch. s. 8.; 157/2012, Sch.1, s. 8]
Section 12 (1) BEFORE amended by BC Reg 158/2023, effective July 15, 2023.
(1) If an application for a forest licence, timber licence, tree farm licence, community salvage licence, woodlot licence, forestry licence to cut or fibre supply licence to cut is not approved, the amount paid under section 8 (1) or (3) in respect of the application must be refunded or, if a deposit was provided by irrevocable letter of credit, the irrevocable letter of credit must be returned.
Section 12 (2) (a) BEFORE amended by BC Reg 158/2023, effective July 15, 2023.
(a) an application for a forest licence, timber licence, tree farm licence, community salvage licence, woodlot licence, forestry licence to cut or fibre supply licence to cut is approved subject to a condition, and
Section 13 (1) BEFORE amended by BC Reg 157/2012, effective June 25, 2012.
Forfeiture of deposit for not entering into agreement
13 (1) If an application for a forest licence, timber licence, tree farm licence, community salvage licence, woodlot licence or forestry licence to cut is approved or conditionally approved but the applicant does not enter into the licence, the money paid under section 8 in respect of the application is forfeited to the government.
Section 13 (1), (2) (part) BEFORE amended by BC Reg 73/2013, effective February 28, 2013.
(1) If an application for a forest licence, timber licence, tree farm licence, community salvage licence, woodlot licence, forestry licence to cut or fibre supply licence to cut is approved or conditionally approved but the applicant does not enter into the licence, the money paid under section 8 in respect of the application is forfeited to the government.
(2) At the request of an applicant who did not enter into the licence, the minister or person authorized by the minister may relieve the applicant from the forfeiture imposed under subsection (1) if the minister or person authorized by the minister is satisfied that the applicant did not enter into the licence as the result of
Section 13 (3) (a) BEFORE amended by BC Reg 73/2013, effective February 28, 2013.
(a) be submitted within 30 days after the date the requesting person is notified that the deposit has been forfeited under subsection (1),
Section 13 (1) BEFORE amended by BC Reg 158/2023, effective July 15, 2023.
(1) If an application for a forest licence, timber licence, tree farm licence, community salvage licence, woodlot licence, forestry licence to cut or fibre supply licence to cut is approved or conditionally approved but the applicant does not enter into the licence, the money paid or irrevocable letter of credit provided under section 8 in respect of the application is forfeited to the government.
Section 14 BEFORE re-enacted by BC Reg 157/2012, effective June 25, 2012.
Refund if obligations fulfilled or substantially fulfilled
14 (1) A deposit paid under this regulation in respect of
(a) a forest licence,
(b) a timber licence, tree farm licence, community salvage licence or woodlot licence, or
(c) a forestry licence to cut
may be refunded,
(d) in full, if the regional manager or district manager is satisfied that the licensee has fulfilled its obligations under or in respect of the licence, or
(e) in part, if the regional manager or district manager is satisfied that the licensee has substantially fulfilled its obligations under or in respect of the licence..
(2) Repealed. [B.C. Reg. 381/2008, Sch. B, s. 5.]
[am. B.C. Regs. 381/2008, Sch. B, s. 5; 133/2011, Sch. s. 3.]
Section 14 BEFORE renumbered as 14 (1), and (2) and (3) were added by BC Reg 73/2013, effective February 28, 2013.
Refund if obligations fulfilled or substantially fulfilled
14 A deposit paid under section 8 (1) may be refunded
(a) in full, if the minister is satisfied that the licensee has fulfilled its obligations under or in respect of the licence, or
(b) in part, if the minister is satisfied that the licensee has substantially fulfilled its obligations under or in respect of the licence.
[en. B.C. Reg. 157/2012, Sch. 1, s. 9.]
Section 15 (2) and (3) BEFORE amended by BC Reg 133/2011, effective July 21, 2011.
(2) The regional manager or district manager must dispose of the amount realized from the deposit, first, under the terms of the licence, and then as to any amount remaining,
(a) 50% of the original deposit, or all of the balance remaining if the balance is less than 50%, to the government, and
(b) the remainder to the licensee, unless the regional manager or district manager is satisfied that some or all of the remainder should be retained by the government after consideration of the following:
(i) whether the licensee owes money to the government that may be set-off under the Financial Administration Act;
(ii) an estimate of the direct and indirect costs to the government resulting from the licensee's non-compliance with the licence including but not limited to
(A) foregone stumpage, and
(B) costs that are or will be incurred by the government in the ordinary course of business because of the non-compliance;
(iii) any other information that the regional manager or district manager considers to be relevant.
(3) Despite subsections (1) and (2), the minister or the minister's delegate may waive the requirement to realize a deposit under this section or may realize a different amount than determined under subsection (2) if satisfied that the non-compliance was the result of an event that
(a) is not related to financial circumstances of the licensee,
(b) is beyond the control of the licensee, and
(c) prevents the licence obligations from being carried out.
Section 15 (1) BEFORE amended by BC Reg 157/2012, effective June 25, 2012.
(1) The regional manager or district manager must realize a deposit paid in respect of a licence described in section 14 (1) (a), (b) or (c)
Section 18 (1), (2) (part) and (3) (part) BEFORE amended by BC Reg 62/2024, effective April 1, 2024.
(1) An application to extend the term of a cutting permit must be in a form required by the district manager.
(2) Before an extension of a cutting permit is approved, the applicant is required to pay to the government a fee equal to the amount calculated according to the following formula:
(3) If the holder of a cutting permit harvested timber under the cutting permit before applying to extend the term of the cutting permit under subsection (1), the fee payable under subsection (2) is reduced, to a maximum of 90%, by the percentage derived from the following formula: