Section 1 (1) definitions of "BC timber sales agreement" and "timber sales manager" were added by 2003-32-2(a), effective June 20, 2003 (BC Reg 242/2003).

  Section 1 (1) definition of "forest officer" BEFORE amended by 2003-32-2(b), effective June 20, 2003 (BC Reg 242/2003).

"forest officer" means a person employed in the Ministry of Forests who is designated by name or title to be a forest officer by the minister, the chief forester or a regional manager;

  Section 1 (1) definitions of "Small Business Forest Enterprise Account" and "small business forest enterprise revenue" BEFORE repealed by 2003-32-2(c), effective June 20, 2003 (BC Reg 242/2003).

"Small Business Forest Enterprise Account" means money in the account established under section 109 (1);

"small business forest enterprise revenue" means the portion of revenue due the government under this Act, that results from or is in any way related to

(a) timber sale licences granted under section 20,

(b) timber sale licences granted under section 21,

(c) timber sale licences granted under

(i)  sections 23 (1) (c), (d), (e) and (f), (2), (3) and 24 (7), and

(ii)  section 24 (2) that have an allowable annual cut of 10 000 m³ or less, and

(d) forest licences granted under section 13 to small business forest enterprises within any of the categories referred to in section 13 (1.1),

and includes money that, under section 109 as it stood on July 10, 1988, was available for the purposes of that section;

  Section 1 (1) definition of "special forest products" BEFORE amended by 2003-32-2(d), effective June 20, 2003 (BC Reg 241/2003).

"special forest products" means poles, posts, pilings, shakes, shingle bolts, Christmas trees and other similar forest products designated by regulation as special forest products;

  Section 1 (1) definition of "forest service road" BEFORE amended by 2003-56-1, effective October 23, 2003 (Royal Assent).

"forest service road" means a road that

(a) is constructed, modified or maintained by the minister under section 121,

(b) was or became a forest service road under section 95 (1) (b) or (c) or (2) (b) of the Forest Act, R.S.B.C. 1979, c. 140, before the repeal of that section,

(c) is declared a forest service road under section 115 (5), or

(d) was, under the former Act, constructed or maintained by the minister, or declared a forest service road;

  Section 1 (1) definition of "BC timber sales agreement" BEFORE amended by 2003-31-1(a), effective November 4, 2003 (BC Reg 403/2003).

"BC timber sales agreement" means a licence referred to in any of paragraphs (b) to (e) of section 109 (2);

  Section 1 (1) definitions of "Christmas tree permit", "forest licence", "free use permit", 'road permit", "timber licence", "timber sale licence", "tree farm licence" and "woodlot licence" BEFORE repealed by 2003-31-1(b), effective November 4, 2003 (BC Reg 403/2003).

"Christmas tree permit" means a Christmas tree permit entered into under section 50;

"forest licence" means a forest licence entered into under Part 3, Division 2;

"free use permit" means a free use permit entered into under Part 3, Division 9;

"road permit" means a road permit granted under Part 8;

"timber licence" means a timber licence entered into under Part 3, Division 5;

"timber sale licence" means a timber sale licence entered into under Part 3, Division 3;

"tree farm licence" means a tree farm licence entered into under Part 3, Division 2 or 5;

"woodlot licence" means a woodlot licence entered into under Part 3, Division 8;

  Section 1 (1) definitions of "community forest agreement", "licence to cut", "major licence" and "pulpwood agreement" BEFORE amended by 2003-31-1(c), effective November 4, 2003 (BC Reg 403/2003).

"community forest agreement" means a community forest agreement entered into under Part 3, Division 7.1, and includes a probationary community forest agreement, long-term community forest agreement and community forest pilot agreement;

"licence to cut" means a licence to cut entered into under Part 3, Division 9;

"major licence" means

(a) a timber sale licence that is

(i)  replaceable under this Act and that has an allowable annual cut greater than 10 000 m³,

(ii)  issued under section 23 (1) (a) to satisfy the obligations of the government under a pulpwood agreement, or

(iii)  entered into under section 47.3,

(b) a tree farm licence,

(c) a timber licence, and

(d) a forest licence;

"pulpwood agreement" means a pulpwood agreement entered into under Part 3, Division 7;

  Section 1 (1) definition of "merchantable timber" BEFORE amended by 2003-31-1(d), effective November 4, 2003 (BC Reg 400/2003).

"merchantable timber" means, for a timber licence, trees that

(a) on January 1, 1975 were older than 75 years, and

(b) are on an area of Crown land in quantities determined by the regional manager to be sufficient to be commercially valuable at the time when a timber cruise submitted under section 74 is made;

  Section 1 (5) was added by 2003-31-1(e), effective November 4, 2003 (BC Reg 403/2003).

  Section 1 (1) definition of "Forest Appeals Commission or commission" BEFORE amended by 2003-55-75, effective January 31, 2004 (BC Reg 7/2004).

"Forest Appeals Commission or commission" means the Forest Appeals Commission continued under the Forest Practices Code of British Columbia Act;

  Section 1 (1) definition of "operational plan" BEFORE amended by 2003-55-75, effective January 31, 2004 (BC Reg 7/2004).

"operational plan" means an operational plan under the Forest Practices Code of British Columbia Act;

  Section 1 (1) definition of "range use plan" BEFORE amended by 2003-55-75, effective January 31, 2004 (BC Reg 7/2004).

"range use plan" means a range use plan under the Forest Practices Code of British Columbia Act;

  Section 1 (1) definitions of "allowable annual cut", "BC timber sales agreement", "operational plan" and "pulpwood area" BEFORE amended by 2004-36-1, effective May 13, 2004 (Royal Assent).

"allowable annual cut" means

(a) in respect of a tree farm licence area, woodlot licence area or timber supply area, the rate of timber harvesting determined for the area under section 8, as increased or reduced under this Act, and

(b) in respect of an agreement entered into under this Act specifying an allowable annual cut, the rate of timber harvesting specified in the agreement, as increased or reduced under this Act;

"BC timber sales agreement" means a licence referred to in any of paragraphs (b) to (f) of section 109 (2);

"operational plan" means an operational plan under the Forest and Range Practices Act;

"pulpwood area" means an area designated under section 40;

  Section 1 (1) definitions of "firmwood reject", "forest land", "higher level plan", "range use plan" and "wilderness area" BEFORE repealed by 2004-36-1, effective May 13, 2004 (Royal Assent).

"firmwood reject" means "firmwood reject" as defined by regulation;

"forest land" means land classified as forest land under section 4;

"higher level plan" means a higher level plan under the Forest Practices Code of British Columbia Act;

"range use plan" means a range use plan under the Forest Practices Code of British Columbia Act;

"wilderness area" means a part of the Provincial forest designated as wilderness under section 6;

  Section 1 (1) definition of "objectives set by government" was added by 2004-36-1, effective May 13, 2004 (Royal Assent).

  Section 1 (1) definitions of "commissioner", "dwelling" and "revenue minister" were added by 2006-13-1(a), effective March 30, 2006 (Royal Assent).

  Section 1 (1) definition of "forest officer" BEFORE amended by 2006-13-1(b), effective March 30, 2006 (Royal Assent).

"forest officer" means a person employed in the Ministry of Forests who is designated by name or title to be a forest officer by the minister, the chief forester, a regional manager or a timber sales manager;

  Section 1 (1) definitions of "chief forester", "district manager" and "regional manager" BEFORE amended by 2006-13-3,Sch A, effective March 30, 2006 (Royal Assent).

"chief forester" means the chief forester appointed under the Ministry of Forests Act;

"district manager" means a district manager appointed for a forest district under the Ministry of Forests Act;

"regional manager" means a regional manager appointed for a forest region under the Ministry of Forests Act;

  Section 1 (1) definition of "timber sales manager", paragraph (a) BEFORE repealed by 2006-13-1(c) and 2006-13-33,Sch A, effective March 30, 2006 (Royal Assent).

(a) the deputy minister of the Ministry of Forests, or

  Section 1 (1) definition of "major licence", paragraph (a) BEFORE amended by 2007-18-2(a), effective May 31, 2007 (Royal Assent).

(a) a timber sale licence that was

  Section 1 (1) definition of "management plan" BEFORE repealed by 2007-18-2(b), effective May 31, 2007 (Royal Assent).

"management plan" means a management plan or management and working plan approved under

(a) a tree farm licence,

(b) a woodlot licence,

(c) a pulpwood agreement, or

(d) a forest licence;

  Section 1 (3) BEFORE amended by 2007-14-201,Sch and 206,Sch, effective December 1, 2007 (BC Reg 354/2007).

(3)  Despite the Expropriation Act, that Act does not apply, except as expressly provided in this Act, in respect of a taking, deletion or reduction, by or under this Act, of any right or interest held by a person under or by virtue of this Act or the former Act.

  Section 1 (1) definition of "allowable annual cut available" was added by 2007-18-1, effective March 6, 2009 (BC Reg 69/2009).

  Section 1 (1) definition of "community forest agreement" BEFORE repealed by 2009-8-1, effective March 31, 2009 (Royal Assent).

"community forest agreement" means

(a) a community forest pilot agreement,

(b) a long-term community forest agreement, and

(c) a probationary community forest agreement

as defined in section 43.1;

  Section 1 (1) definition of "revenue minister" BEFORE amended by BC Reg 5/2010 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).

"revenue minister" means the Minister of Small Business and Revenue;

  Section 1 (1) definition of "allowable annual cut" BEFORE amended by 2010-12-1, effective June 9, 2011 (BC Reg 104/2011).

"allowable annual cut" means

(a) in respect of a tree farm licence area, community forest agreement area, woodlot licence area or timber supply area, the rate of timber harvesting determined for the area under section 8, as increased or reduced under this Act, and

(b) in respect of an agreement entered into under this Act specifying an allowable annual cut, the rate of timber harvesting specified in the agreement, as increased or reduced under this Act;

  Section 1 (1) definition of "first nations woodland licence area" was added by 2010-12-1, effective June 9, 2011 (BC Reg 104/2011).

  Section 1 (1) definitions of "forest officer" and "merchantable timber" BEFORE amended by 2011-13-35, effective July 21, 2011 (BC Reg 133/2011).

"forest officer" means a person employed in the ministry of the minister responsible for the administration of this Act who is designated by name or title to be a forest officer by the minister, the chief forester, a regional manager or a timber sales manager;

"merchantable timber" for the purposes of sections 28, 30 (c) and 74, means

(a) on January 1, 1975 were older than 75 years, and

(b) are on an area of Crown land in quantities determined by the regional manager to be sufficient to be commercially valuable at the time when a timber cruise submitted under section 74 is made;

  Section 1 (1) definitions of "bioenergy", "bioenergy supply contract", "commercial operation date", and "eligible bioenergy application" were added by 2011-18-1, effective November 14, 2011 (Royal Assent).

  Section 1 (1) definition of "licence to cut" BEFORE amended by 2008-20-13(b), effective June 25, 2012 (BC Reg 157/2012).

"licence to cut" means

(a) an occupant licence to cut as defined in section 47.4,

(b) a master licence to cut as defined in section 47.4, and

(c) a forestry licence to cut as defined in section 47.6;

  Section 1 (1) definition of "bonus offer" BEFORE amended by 2015-26-2, effective May 28, 2015 (Royal Assent).

"bonus offer" means a lump sum dollar value that is tendered in order to acquire the right to harvest timber under an agreement under this Act, irrespective of the volume and type of competitive species and forest products harvested under the agreement;

  Section 1 (1) definition of "allowable annual cut available" BEFORE amended by 2015-26-1, effective July 28, 2015 (BC Reg 150/2015).

"allowable annual cut available" means the portion of the allowable annual cut in respect of a tree farm licence area that is accessible by the holder of the tree farm licence after taking the following into account in accordance with the regulations or in accordance with an agreement authorized under section 151 (2) (a.2):

(a) a reservation referred to in section 35 (1) (h) or (n);

(b) a deletion of Crown land from the tree farm licence area under section 39.1 of the Act respecting a reduction under paragraph (d) or a reservation under paragraph (a);

(c) except for the purposes of sections 69 and 70, a reduction under one or both of those sections;

(d) a reduction under section 3 (3) of the Forestry Revitalization Act;

  Section 1 (1) definition of ""Forest Appeals Commission" or "commission"" BEFORE repealed by 2015-10-74, effective December 18, 2015 (BC Reg 240/2015).

"Forest Appeals Commission" or "commission" means the Forest Appeals Commission continued under the Forest Practices Code of British Columbia Act;

  Section 1 (1) definitions of "commission" and "Forest Appeals Commission" were added by 2015-10-74, effective December 18, 2015 (BC Reg 240/2015).

  Section 1 (1) definition of "allowable annual cut available", subparagraphs (a) (i.1), (b) (i.1), (c) (i.1) and paragraphs (d) and (e) were added by 2016-11-1(a) to (d), effective March 7, 2017 (BC Reg 92/2017).

  Section 1 (1) definitions of "BCTS" and "BCTS licence" were added by 2016-11-1(e), effective March 7, 2017 (BC Reg 92/2017).

  Section 1 (1) definition of "merchantable timber", paragraph (a) and (b) BEFORE amended by 2016-11-1(f) and (g), effective March 7, 2017 (BC Reg 92/2017).

(a) on January 1, 1975 were older than 75 years, and

(b) are on an area of Crown land in quantities determined by the minister to be sufficient to be commercially valuable at the time when a timber cruise submitted under section 74 is made;

  Section 1 (1) definition of "professional forester" BEFORE amended by 2018-47-141, effective February 5, 2021 (BC Reg 11/2021).

"professional forester" means a professional forester as defined in the Foresters Act;

  Section 1 (1) definition of "forest service road" BEFORE amended by 2021-37-2, effective November 25, 2021 (Royal Assent).

"forest service road" means a road on Crown land that

(a) is declared a forest service road under section 115 (5),

(b) is constructed or maintained by the minister under section 121,

(c) was a forest service road under this definition as it was immediately before the coming into force of this paragraph, or

(d) meets prescribed requirements;

  Section 1 (1) definition of "allowable annual cut", paragraph (a) BEFORE amended by 2021-38-17(a), effective November 25, 2021 (Royal Assent).

(a) in respect of a tree farm licence area, community forest agreement area, first nations woodland licence area, woodlot licence area or timber supply area, the rate of timber harvesting determined for the area under section 8, as increased or reduced under this Act, and

  Section 1 (1) definitions of "area-based licence" and "licence area" were added by 2021-38-17(b), effective November 25, 2021 (Royal Assent).

  Section 1 (1) definition of "special purpose area" was added by 2021-38-18, effective July 15, 2023 (BC Reg 153/2023).

  Section 1 (1) definitions of "affiliate", "control", "cutting permit area", "holding corporation", "related person", "subsidiary", "supplemental forest licence" and "woodlot licence plan" were added by 2023-43-1(a), (c), (e) and (g), effective April 1, 2024 (BC Reg 62/2024).

  Section 1 (1) definition of "cutting permit" BEFORE repealed by 2023-43-1(b), effective April 1, 2024 (BC Reg 62/2024).

"cutting permit" means a cutting permit issued under an agreement entered into under this Act;

  Section 1 (1) definition of "eligible bioenergy application", paragraph (c) BEFORE amended by 2023-43-1(d), effective April 1, 2024 (BC Reg 62/2024).

(c) is not rejected under section 81 (3) or refused under section 81 (5);

  Section 1 (1) definition of "road use permit" BEFORE amended by 2023-43-1(f), effective April 1, 2024 (BC Reg 62/2024).

"road use permit" means a road use permit granted under section 117;

  Section 1 (1) definitions of "forest operations map" and "forest stewardship plan" were added by 2023-43-2, effective April 1, 2024 (BC Reg 62/2024).

  Section 1 (1) definitions of "forest landscape area" and "forest operations plan" were added by 2021-37-1, effective July 15, 2024 (BC Reg 219/2024).

  Section 1.1 was enacted by 2007-18-3, effective May 31, 2007 (Royal Assent).

  Section 1.2 was enacted by 2021-38-19, effective November 25, 2021 (Royal Assent).

  Section 1.3 was enacted by 2023-43-3, effective April 1, 2024 (BC Reg 62/2024).

  Sections 2 to 3 BEFORE repealed by 2002-45-2, effective May 30, 2002 (Royal Assent).

  Section 3.1 was enacted by 2007-18-3, effective May 31, 2007 (Royal Assent).

  Sections 4 BEFORE repealed by 2002-45-2, effective May 30, 2002 (Royal Assent).

  Sections 8 (3.1) and (3.2) were added by 2002-25-21, effective May 9, 2002 (Royal Assent).

  Section 8 (2) (b) BEFORE amended by 2003-30-1, effective November 4, 2003 (BC Reg 401/2003).

(b) amends or enters into a tree farm licence to accomplish a result set out under section 39 (1) (a) to (d),

  Section 8 (8) (c) BEFORE repealed by 2003-31-2, effective November 4, 2003 (BC Reg 401/2003).

(c) the nature, production capabilities and timber requirements of established and proposed timber processing facilities,

  Section 8 (7) BEFORE amended by 2004-36-3, effective May 13, 2004 (Royal Assent).

(7)  The regional manager or the regional manager's designate must determine a rate of timber harvesting for each community forest agreement area, in accordance with

(a) the community forest agreement, and

(b) any directions of the chief forester.

  Section 8 (5) (a.1) was added by 2007-20-14, effective March 6, 2009 (BC Reg 69/2009).

  Section 8 (1) (part) BEFORE amended by 2009-34-8(a), effective November 26, 2009 (Royal Assent).

(1)  The chief forester must determine an allowable annual cut at least once every 5 years after the date of the last determination, for

  Section 8 (2) (c) and (d) BEFORE amended by 2009-34-8(a), effective November 26, 2009 (Royal Assent).

(c) within 5 years after the order under paragraph (a) or the amendment or entering into under paragraph (b), and

(d) after the determination under paragraph (c), at least once every 5 years after the date of the last determination.

  Section 8 (3) (part) BEFORE amended by 2009-34-8(a), effective November 26, 2009 (Royal Assent).

the chief forester must determine an allowable annual cut at least once every 5 years from the date the allowable annual cut under subsection (1) of this section is effective under section 9 (6).

  Section 8 (3.1) (a) BEFORE amended by 2009-34-8(b), effective November 26, 2009 (Royal Assent).

(a) by written order may postpone the next determination under subsection (1) to a date that is up to 10 years after the date of the relevant last determination, and

  Section 8 (5) BEFORE amended by 2010-11-1, effective June 3, 2010 (Royal Assent).

(5)  In determining an allowable annual cut under subsection (1) the chief forester may specify portions of the allowable annual cut attributable to

(a) different types of timber and terrain in different parts of Crown land within a timber supply area or tree farm licence area,

(a.1) different areas of Crown land within a timber supply area or tree farm licence area, and

(b) different types of timber and terrain in different parts of private land within a tree farm licence area.

(c) [Repealed 1999-10-1.]

  Section 8 (9) to (11) were added by 2010-17-16, effective February 23, 2011 (BC Reg 47/2011).

  Section 8 (1) (a) BEFORE amended by 2010-12-2, effective June 9, 2011 (BC Reg 104/2011).

(a) the Crown land in each timber supply area, excluding tree farm licence areas, community forest agreement areas and woodlot licence areas, and

  Section 8 (6) and (7) BEFORE amended by 2010-12-2, effective June 9, 2011 (BC Reg 104/2011).

(6)  The regional manager or district manager must determine an allowable annual cut for each woodlot licence area, according to the licence.

(7)  The regional manager or the regional manager's designate must determine an allowable annual cut for each community forest agreement area, in accordance with

(a) the community forest agreement, and

(b) any directions of the chief forester.

  Section 8 (6) BEFORE amended by 2011-13-36, effective July 21, 2011 (BC Reg 133/2011).

(6)  The regional manager or district manager must determine an allowable annual cut for each woodlot licence area, in accordance with the woodlot licence for that area.

  Section 8 (5) (part) BEFORE amended by 2016-11-2(a), effective March 7, 2017 (BC Reg 92/2017).

(5) In determining an allowable annual cut under subsection (1) the chief forester may specify that portions of the allowable annual cut are attributable to one or more of the following:

  Section 8 (5.1) was added by 2016-11-2(b), effective March 7, 2017 (BC Reg 92/2017).

  Section 8 (1) (a) BEFORE amended by 2021-38-20(a), effective November 25, 2021 (Royal Assent).

(a) the Crown land in each timber supply area, excluding the Crown land in the following areas:

(i) tree farm licence areas;

(ii) community forest agreement areas;

(iii) first nations woodland licence areas;

(iv) woodlot licence areas, and

  Section 8 (5) (part) BEFORE amended by 2021-38-20(b), effective November 25, 2021 (Royal Assent).

(5) In respect of an allowable annual cut determined under subsection (1), the chief forester may, at any time, specify that portions of the allowable annual cut are attributable to one or more of the following:

  Section 8.1 was enacted by 2007-18-4, effective March 6, 2009 (BC Reg 69/2009).

  Section 8.1 (1) (a) BEFORE amended by 2010-12-3, effective June 9, 2011 (BC Reg 104/2011).

(a) for the Crown land in a timber supply area, excluding tree farm licence areas, community forest agreement areas and woodlot licence areas,

(i)  if the minister makes an order under section 7 (b) respecting the timber supply area, or

(ii)  in other prescribed circumstances;

  Section 8.1 (2) BEFORE repealed by 2021-38-21, effective November 25, 2021 (Royal Assent).

(2) An adjustment to the allowable annual cut referred to in subsection (1) is effective until the next allowable annual cut determination is made under section 8 for the timber supply area or tree farm licence area.

  Section 10 (2) BEFORE amended by BC Reg 389/2007 under RS1996-440-12, effective November 23, 2007 (BC Reg 389/2007).

(2)  The minister if permitted to do so under a tree farm licence may make available for granting under Divisions 2, 3 and 6 of Part 3, to persons other than the holder of the tree farm licence for the tree farm licence area, portions of the allowable annual cut determined for the tree farm licence area that have been specified by the chief forester under section 8 (5) (a).

  Section 10 BEFORE amended by 2010-12-4, effective June 9, 2011 (BC Reg 104/2011).

  Section 12 BEFORE re-enacted by 2003-32-3, effective June 20, 2003 (BC Reg 242/2003).

  Section 12 BEFORE re-enacted by 2003-31-3, effective November 4, 2003 (BC Reg 403/2003).

  Section 12 (1) (b) BEFORE repealed by 2004-36-4, effective May 13, 2004 (Royal Assent).

(b) timber sale licence,

  Section 12 (1) (e.1) was added by 2010-12-5, effective June 9, 2011 (BC Reg 104/2011).

  Section 12 (1) BEFORE amended by 2012-18-66, effective May 31, 2012 (Royal Assent).

(1)  A district manager, a regional manager or the minister may enter on behalf of the government into an agreement granting rights to harvest Crown timber in the form of a

  Section 12 (1) (f) BEFORE repealed by 2021-38-22, effective November 25, 2021 (Royal Assent).

(f) community salvage licence,

  Section 12 (1) (j.1) was added by 2023-43-4, effective April 1, 2024 (BC Reg 62/2024).

  Section 13 (7) BEFORE amended by 2002-44-1, effective May 30, 2002 (Royal Assent).

(7)  This section does not apply to a forest licence entered into under sections 15 to 17.

  Section 13 (1.1) BEFORE repealed by 2003-32-4, effective June 20, 2003 (BC Reg 242/2003).

(1.1)  The minister or a person authorized by the minister may specify that applications for forest licences are to be accepted only from one or more categories of small business forest enterprises as established by regulation.

  Section 13 BEFORE re-enacted by 2003-31-4, effective November 4, 2003 (BC Reg 400/2003).

  Section 13 (1) (a) (iii) was added by 2007-18-5(a), effective May 31, 2007 (Royal Assent).

  Section 13 (2.1) was added by 2007-18-5(b), effective May 31, 2007 (Royal Assent).

  Section 13 (3) (b) BEFORE amended by 2007-14-212,Sch, effective December 1, 2007 (BC Reg 354/2007).

(b) include an offer by the applicant to pay to the government, in addition to other amounts payable under this Act and the regulations,

  Section 13 (6) BEFORE amended by 2011-13-38, effective July 21, 2011 (BC Reg 133/2011).

(6)  If an eligible application is approved under this section, the regional manager and the applicant whose application is approved must enter into a forest licence.

  Section 13 (1) (c) BEFORE amended by 2023-43-5, effective April 1, 2024 (BC Reg 62/2024).

(c) is not rejected under section 81 (3) or refused under section 81 (5).

  Sections 13.1 was enacted by 2008-20-15, effective May 29, 2008 (Royal Assent).

  Section 13.1 (5) BEFORE amended by 2011-13-38, effective July 21, 2011 (BC Reg 133/2011).

(5)  The regional manager and the applicant of an approved eligible bioenergy application must enter into a non-replaceable forest licence on or after the commercial operation date if, on the commercial operation date, the application

  Section 13.1 (1) BEFORE repealed by 2011-18-2, effective November 14, 2011 (Royal Assent).

(1)  In this section and in sections 13.2 and 47.6:

"bioenergy" means energy derived from Crown timber;

"bioenergy supply contract" means an energy supply contract as defined in section 68 of the Utilities Commission Act

(a) under which bioenergy is sold to the British Columbia Hydro and Power Authority, and

(b) that is designated by the minister under section 13.2 (a) as a bioenergy supply contract;

"commercial operation date" means the date determined under a bioenergy supply contract as the commercial operation date;

"eligible bioenergy application" means an application for a non-replaceable forest licence under this section that

(a) is made by an applicant

(i)  who is the seller of bioenergy under a bioenergy supply contract, and

(ii)  whom the minister or a person authorized by the minister considers to be qualified to perform the obligations specified under subsection (2) (c),

(b) conforms to subsection (2), and

(c) is not rejected under section 81 (3) or refused under section 81 (5).

  Section 13.1 (7) BEFORE amended by 2015-26-3, effective May 28, 2015 (Royal Assent).

(7) In addition to setting out the matters described in section 14, a forest licence entered into under subsection (5)

(a) must provide that timber harvested under the licence is restricted to a type of timber or terrain, or portion of a timber supply area, and

(b) may include other terms and conditions that the minister considers are necessary or desirable in relation to the bioenergy supply contract.

  Section 13.1 (4) to (7) BEFORE amended by 2023-43-6, effective April 1, 2024 (BC Reg 62/2024).

(4) The approval of an eligible bioenergy application under subsection (3) is revoked

(a) if the British Columbia Hydro and Power Authority or the applicant terminates the bioenergy supply contract before the commercial operation date, or

(b) if

(i) an approved eligible bioenergy application is rejected under section 81 (3) or refused under section 81 (5), and

(ii) the applicant has not brought the application into compliance with section 81 (3) or (5), as applicable, within 90 days following the commercial operation date.

(5) The minister and the applicant of an approved eligible bioenergy application must enter into a non-replaceable forest licence on or after the commercial operation date if, on the commercial operation date, the application

(a) is not rejected under section 81 (3) or refused under section 81 (5), or

(b) is rejected under section 81 (3) or refused under section 81 (5) but is brought into compliance with section 81 (3) or (5), as applicable, within 90 days following the commercial operation date.

(6) If the applicant refuses to enter into a forest licence under subsection (5)

(a) the approval of the eligible bioenergy application under subsection (3) is revoked, and

(b) the minister or a person authorized by the minister may increase the allowable annual cut specified in an existing forest licence entered into under this section by the volume of the allowable annual cut that was to be specified in the forest licence the applicant refused to enter into under subsection (5).

(7) In addition to setting out the matters described in section 14 (1), a forest licence entered into under subsection (5)

(a) must provide that timber harvested under the licence is restricted to a type of timber or terrain, or portion of a timber supply area, and

(b) may include other terms and conditions that the minister considers are necessary or desirable in relation to the bioenergy supply contract.

  Section 13.1 (4.1) and (4.2) were added by 2023-43-6(a), effective April 1, 2024 (BC Reg 62/2024).

  Sections 13.2 was enacted by 2008-20-15, effective May 29, 2008 (Royal Assent).

  Section 14 (g.1) was added by 2002-44-2, effective May 30, 2002 (Royal Assent).

  Section 14 (a) to (d) BEFORE amended by 2003-31-5(a), effective November 4, 2003 (BC Reg 400/2003).

(a) must, subject to sections 15 to 17 and 58, be for a term not exceeding 20 years,

(b) must specify a timber supply area within which its holder may harvest Crown timber,

(c) subject to sections 15 to 17, must specify an allowable annual cut that may be harvested under the licence,

(d) must require its holder to pay to the government, in addition to other amounts payable under this Act and the regulations, stumpage under Part 7 and a bonus offer, if any, in the amount tendered in the application for the forest licence,

  Section 14 (e) BEFORE amended by 2003-31-5(b), effective November 4, 2003 (BC Reg 400/2003).

(e) 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 forest licence and subject to this Act and the Forest Practices Code of British Columbia Act, to authorize its holder to harvest the allowable annual cut, from specified areas of land within the timber supply area specified in the forest licence,

  Section 14 (f) BEFORE repealed by 2003-30-2, effective November 4, 2003 (BC Reg 401/2003).

(f) must require its holder, in accordance with a proposal referred to in section 13 (3) (c), as modified at the request or with the approval of the minister or a person authorized by the minister,

(i)  to continue to operate, to construct or to expand a timber processing facility, and

(ii)  to carry out specified measures to meet the objectives of the government in respect of any of the items referred to in section 13 (4),

  Section 14 (e) and (h) BEFORE amended by 2003-55-76, effective January 31, 2004 (BC Reg 7/2004).

(e) must provide for cutting permits with terms that do not exceed 4 years to be issued by the district manager, or a forest officer authorized by the district manager, within the limits provided in the forest licence and subject to this Act and the Forest Practices Code of British Columbia Act, to authorize its holder to harvest the allowable annual cut, from specified areas of land within the timber supply area specified in the forest licence,

(h) may include other terms and conditions, consistent with this Act and the regulations, the Forest Practices Code of British Columbia Act and the regulations and the standards made under that Act, determined by the regional manager.

  Section 14 (b) and (e) BEFORE amended by 2004-36-5, effective May 13, 2004 (Royal Assent).

(b) must specify a timber supply area in which the holder of the licence may harvest Crown timber,

(e) must provide for cutting permits with terms that do not exceed 4 years to be issued by the district manager, or a forest officer authorized by the district manager, within the limits provided in the forest licence and subject to this Act and the Forest and Range Practices Act, to authorize its holder to harvest the allowable annual cut, from specified areas of land within the timber supply area specified in the forest licence,

  Section 14 (c.1) was added by 2004-36-5, effective May 13, 2004 (Royal Assent).

  Section 14 (h) BEFORE amended by 2007-18-6, effective May 31, 2007 (Royal Assent).

(h) may include other terms and conditions, consistent with this Act and the regulations, the Forest and Range Practices Act and the regulations and the standards made under that Act, determined by the regional manager.

  Section 14 (d) BEFORE amended by 2007-14-212,Sch, effective December 1, 2007 (BC Reg 354/2007).

(d) must require its holder to pay to the government, in addition to other amounts payable under this Act and the regulations,

  Section 14 (g.1) BEFORE amended by 2010-12-6, effective June 9, 2011 (BC Reg 104/2011).

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

  Section 14 (h) BEFORE amended by 2011-13-38, effective July 21, 2011 (BC Reg 133/2011).

(h) may include other terms and conditions, consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts, determined by the regional manager.

  Section 14 was renumbered as 14 (1) by 2014-7-1(a), effective April 9, 2014 (Royal Assent).

  Section 14 (1) (b.1) and (2) were added by 2014-7-1(b) and (c), effective April 9, 2014 (Royal Assent).

  Section 14 (1) (g.1) BEFORE amended by 2016-11-3(a), effective March 7, 2017 (BC Reg 92/2017).

(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 licence that the first nation comply with the agreement, and

  Section 14 (1) (g.2) was added by 2016-11-3(a), effective March 7, 2017 (BC Reg 92/2017).

  Section 14 (3) was added by 2016-11-3(b), effective March 7, 2017 (BC Reg 92/2017).

  Section 14 (1) (a) BEFORE amended by 2021-38-23, effective November 25, 2021 (Royal Assent).

(a) must be for a term not exceeding 20 years, subject to sections 15, 16 and 58,

  Section 14 (1) (e) BEFORE repealed by 2023-43-7, effective April 1, 2024 (BC Reg 62/2024).

(e) must provide for cutting permits with terms that do not exceed 4 years to be issued by the district manager, or a forest officer authorized by the district manager, within the limits provided in the forest licence and subject to this Act and the Forest and Range Practices Act, to authorize its holder to harvest the allowable annual cut, from specified areas of land within the timber supply area or tree farm licence area specified in the forest licence,

  Section 14.1 was enacted by 2004-63-1, effective October 21, 2004 (Royal Assent).

  Section 14.1 (2) (c) and (d) BEFORE (d) repealed by 2014-7-2, effective April 9, 2014 (Royal Assent).

(c) provide that its holder may not harvest under the licence until the timber processing facility has been substantially completed to the satisfaction of the minister,

(d) require timber harvesting under the licence to be restricted to only a portion of a timber supply area, and

  Section 14.1 (2) BEFORE amended by 2015-26-3, effective May 28, 2015 (Royal Assent).

(2) A forest licence that includes all or part of a mountain pine beetle salvage area, in addition to setting out the matters described in section 14, may

(a) require any type of security, including but not limited to money, to be provided and maintained by the holder of the forest licence to ensure

(i) within a specified period or according to a required schedule of construction, or both, the construction or expansion of a timber processing facility that conforms to specified requirements, and

(ii) the reforestation of areas described in the licence by reference to one or more of geographic location, type of timber and type of terrain,

(A) at a rate of reforestation, and

(B) over a period

specified in the licence,

(b) specify one or more of the following:

(i) the type of security that is acceptable or unacceptable;

(ii) the form and content of the security;

(iii) the circumstances under which the security may be realized;

(iv) respecting the distribution of the realized security,

(c) provide that its holder may not harvest under the licence until the timber processing facility has been substantially completed to the satisfaction of the minister, and

(d) [Repealed 2014-7-2.]

(e) include other terms and conditions that the minister considers are necessary or desirable in relation to mountain pine beetle infestation in the mountain pine beetle salvage area.

  Section 14.2 was enacted by 2013-12-22, effective October 24, 2014 (BC Reg 190/2014).

  Section 14.2 (2) and (3) BEFORE amended by 2015-26-4, effective May 28, 2015 (Royal Assent).

(2) A supplemental forest licence, in addition to setting out the matters described in section 14, must specify that timber may be harvested under the licence only if the minister is satisfied that the holder of the licence has taken the steps specified in the licence to obtain from other sources the timber and wood residue needed for processing facilities owned or leased by the holder.

(3) In respect of a supplemental forest licence, the requirement in section 14 (e) is subject to the condition referred to in subsection (2) of this section.

  Section 14.2 BEFORE re-enacted by 2023-43-8, effective April 1, 2024 (BC Reg 62/2024).

  Section 15 (1) and (2) (part) BEFORE amended by 2003-31-6, effective June 20, 2003 (BC Reg 238/2003).

(1)  Unless a forest licence provides that a replacement for the forest licence must not be offered, the regional manager, during the 6 month period following the fourth anniversary of an existing forest licence, must offer its holder a replacement for the forest licence.

(2)  Despite subsection (1), if the regional manager determines that

the regional manager, to the extent provided in the regulations,

  Section 15 (3) (a) and (b) BEFORE amended by 2003-31-6, effective June 20, 2003 (BC Reg 238/2003).

(a) have a term commencing

(i)  on the fifth anniversary of the existing forest licence, or

(ii)  if the regional manager exercises the power conferred under subsection (2) (c), on a date to be determined by the regional manager,

(b) be for a term equal to

(i)  the lesser of

(A)  the whole original term of the existing forest licence, and

(B)  15 years, or

(ii)  if the regional manager exercises the power conferred under subsection (2) (c), a period, not exceeding the period referred to in subparagraph (i), to be determined by the regional manager,

  Section 15 (4) BEFORE amended by 2003-31-6, effective June 20, 2003 (BC Reg 238/2003).

(4)  A notice of an offer made under this section must be published in the prescribed manner.

  Section 15 (1.1) and (1.2) were added by 2003-31-6(a), effective June 20, 2003 (BC Reg 238/2003).

  Section 15 (2) (b) (ii) and (iv) BEFORE amended by 2003-55-76, effective January 31, 2004 (BC Reg 7/2004).

(ii)  provide security or a deposit required under this Act or the regulations or the Forest Practices Code of British Columbia Act or the regulations made under that Act in respect of the forest licence or a road permit associated with the forest licence,

(iv)  comply with a requirement of the Forest Practices Code of British Columbia Act or the regulations or the standards made under that Act in respect of an area of land referred to in subparagraph (iii),

  Section 15 (2) (c) (iii) (D) BEFORE amended by 2003-55-76, effective January 31, 2004 (BC Reg 7/2004).

(D)  complies with the requirement of the Forest Practices Code of British Columbia Act or the regulations or the standards made under that Act in respect of land referred to in paragraph (b) (iii), and

  Section 15 (3) (e) BEFORE amended by 2003-55-76, effective January 31, 2004 (BC Reg 7/2004).

(e) include other terms and conditions, consistent with this Act and the regulations, the Forest Practices Code of British Columbia Act and the regulations and the standards made under that Act, set out in the offer.

  Section 15 (1.1) BEFORE amended by BC Reg 344/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 344/2006).

(1.1)  During the 6 months beginning on any of the fourth to eighth anniversaries of a forest licence, the minister or a person authorized by the minister may offer the holder of the forest licence a replacement for it, after first giving the holder at least 6 month's notice of intent to offer the replacement.

  Section 15 (3) (e) BEFORE amended by 2007-18-6, effective May 31, 2007 (Royal Assent).

(e) include other terms and conditions, consistent with this Act and the regulations, the Forest and Range Practices Act and the regulations and the standards made under that Act, set out in the offer.

  Section 15 (2) (b) (iv) BEFORE amended by 2007-18-8, effective May 31, 2007 (Royal Assent).

(iv)  comply with a requirement of the Forest and Range Practices Act or the regulations or the standards made under that Act in respect of an area of land referred to in subparagraph (iii),

  Section 15 (2) (c) (iii) (D) BEFORE amended by 2007-18-8, effective May 31, 2007 (Royal Assent).

(D)  complies with the requirement of the Forest and Range Practices Act or the regulations or the standards made under that Act in respect of land referred to in paragraph (b) (iii), and

  Section 15 (1.1) and (2) (part) BEFORE amended by 2007-18-7(a) and (b), effective September 24, 2007 (BC Reg 295/2007).

(1.1)  During the 6 months beginning on any of the fourth to eighth anniversaries of a forest licence, the minister or a person authorized by the minister may offer the holder of the forest licence a replacement for it, after first giving the holder at least 6 months' notice of intent to offer the replacement.

(2)  Despite subsection (1), if the minister or a person authorized by the minister determines that

  Section 15 (3) (a) (i) BEFORE amended by 2007-18-7(c), effective September 24, 2007 (BC Reg 295/2007).

(i)  on the earlier of

(A)  the next anniversary of the existing forest licence being replaced under the offer, and

(B)  the tenth anniversary of the existing forest licence being replaced under the offer, or

  Section 15 (4) BEFORE amended by 2007-18-7(d), effective September 24, 2007 (BC Reg 295/2007).

(4)  A notice of an offer of replacement made under subsection (1.1) or (1.2) and a notice of intent referred to in subsection (1.1) must be published in the prescribed manner.

  Section 15 (2) (b) (ii) BEFORE amended by 2007-14-99, effective December 1, 2007 (BC Reg 354/2007).

(ii)  provide security or a deposit required under this Act or the regulations or the Forest and Range Practices Act or the regulations made under that Act in respect of the forest licence or a road permit associated with the forest licence,

  Section 15 (6) (a) BEFORE amended by 2008-4-1, effective June 27, 2008 (BC Reg 183/2008).

(a) an agreement in the form of a forest licence containing the terms and conditions set out in the offer, including amendments, must be entered into by the regional manager and the holder of the forest licence, and

  Section 15 (5) (b) BEFORE amended by 2011-13-39, effective July 21, 2011 (BC Reg 133/2011).

(b) accepted by written notice of acceptance served on the regional manager not later than 3 months after the offer is served.

  Section 15 (6) (a) BEFORE amended by 2011-13-39, effective July 21, 2011 (BC Reg 133/2011).

(a) a forest licence containing the terms and conditions set out in the offer, including amendments, must be entered into by the regional manager and the holder of the forest licence, and

  Section 15 BEFORE amended by 2023-43-9, effective April 1, 2024 (BC Reg 62/2024).

  Section 15.1 was added by 2003-31-7, effective June 20, 2003 (BC Reg 238/2003).

  Section 15.1 (3) BEFORE amended by BC Reg 344/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 344/2006).

(3)  If an offer is withdrawn under subsection (2), the minister or person authorized by the minister must offer a replacement for the forest licence which offer conforms to section 15 of this Act as amended by the Forest (Revitalization) Amendment Act (No. 2), 2003.

  Section 15.1 BEFORE repealed by 2023-43-10, effective November 30, 2023 (Royal Assent).

  Section 16 (1) BEFORE amended by 2003-31-8(a), effective November 4, 2003 (BC Reg 403/2003).

(1)  The holder of one or more tree farm licences or of a combination of one or more tree farm licences and one or more

(a) timber sale licences, and

(b) forest licences

may apply to the minister to surrender all or part of one or more tree farm licences or all or part of a combination of one or more tree farm licences and any or all of the licences referred to in paragraphs (a) and (b) for replacement by one or more forest licences under subsection (2) or by a combination of one or more tree farm licences under subsection (3) and one or more forest licences under subsection (2).

  Section 16 (2) (c) (i) BEFORE amended by 2003-31-8(b), effective November 4, 2003 (BC Reg 403/2003).

(i)  the allowable annual cuts specified in the surrendered timber sale licences and forest licences, plus increases and minus decreases, if any, in the allowable annual cuts made by the government since they were entered into, and

  Section 16 (6) BEFORE repealed by 2004-36-6, effective May 13, 2004 (Royal Assent).

(6)  If a tree farm licence to be entered into under subsection (3) is proposed to include Crown lands that were not comprised in a tree farm licence or part of a tree farm licence surrendered under subsection (1), the procedures specified in section 34 (2) to (7) apply.

  Section 16 (4) BEFORE amended by 2007-18-9, effective November 27, 2009 (BC Reg 280/2009).

(4)  The minister must not enter into a new tree farm licence under subsection (3) until the chief forester approves a management plan for the proposed tree farm licence.

  Section 16 (2) BEFORE amended by 2011-13-38, effective July 21, 2011 (BC Reg 133/2011).

(2)  If the minister has approved an application under subsection (1), the regional manager, in respect of the surrendered licences or surrendered portions of them, must enter with their holder into one or more forest licences

(a) for a term of 15 years,

(b) that specify one or more timber supply areas within which the holder may harvest Crown timber, and

(c) that, in total, specify an allowable annual cut equal to the total, or a lesser portion of the total that the regional manager and the holder agree on, of

(i)  the allowable annual cuts specified in the surrendered forest licences, plus increases and minus decreases, if any, in the allowable annual cuts made by the government since they were entered into, and

(ii)  the portion of the allowable annual cuts available to the tree farm licence holder at the time of the surrender that the chief forester determines is attributable to the Crown land in the portions of the tree farm licences that are surrendered and on which the timber is not otherwise encumbered.

  Section 17 BEFORE repealed by 2003-31-9, effective November 4, 2003 (BC Reg 403/2003).

  Section 18 BEFORE re-enacted by 2003-31-10, effective March 31, 2004 (BC Reg 402/2003).

  Section 19 BEFORE re-enacted by 2003-30-3, effective November 4, 2003 (BC Reg 401/2003).

  Section 19 (6) BEFORE amended by 2004-36-7, effective May 13, 2004 (Royal Assent).

(6)  In making a replacement referred to in subsection (2) or (3), the minister must ensure that the total of the allowable annual cuts, after the replacements, of all of the forest licences involved remains the same as it was before any replacements under this section.

  Section 19 (1) BEFORE repealed by 2009-8-2(a), effective March 31, 2009 (Royal Assent).

(1)  In this section, "minister" includes a person authorized by the minister.

  Section 19 (6) BEFORE amended by 2009-8-2(b), effective March 31, 2009 (Royal Assent).

(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.

  Section 19 (7) BEFORE amended by 2009-8-2(c), effective March 31, 2009 (Royal Assent).

(7)  A forest licence as defined

(a) in paragraph (a) of the definition of "licence" in section 75.4 (1), or

(b) in section 75.5

may not be replaced under subsection (2) or (3) except with a forest licence that is also a forest licence as defined

(c) in paragraph (a) of the definition of "licence" in section 75.4 (1), or

(d) in section 75.5.

  Section 19 (10) BEFORE amended by 2015-26-5, effective May 28, 2015 (Royal Assent).

(10) Despite section 14 (a), a forest licence that is amended or entered into under this section must not expire later than the earliest expiry date of the forest licence it replaces or amends.

  Section 19 (4) BEFORE amended by 2023-43-11, effective April 1, 2024 (BC Reg 62/2024).

(4) The minister may refuse to replace or amend, under subsection (3), one or more forest licences if the minister considers that the replacement or amendment would compromise forest management.

  Section 20 (7) was added by 2002-44-3, effective May 30, 2002 (Royal Assent).

  Section 20 (1) to (6) BEFORE amended by 2003-32-5, effective June 20, 2003 (BC Reg 242/2003).

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 timber sale licence.

(2)  Subject to sections 21, 23 and 24, no timber sale licence may be entered into unless the regional manager or district manager advertises as provided in subsection (1).

(3)  The regional manager or district manager

(a) may specify that applications for the timber sale licence are to be accepted only from one or more categories of small business forest enterprises as established by regulation, and

(b) must specify that an applicant may propose only a bonus bid or only a bonus offer and, if the regional manager or district manager specifies that only

(i)  a bonus bid may be proposed, he or she must specify whether a bonus bid, if any, must be submitted orally in auction or by written tender in a sealed container, or

(ii)  a bonus offer may be proposed, a bonus offer, if any, must be submitted in a sealed container.

(4)  An application for a timber sale licence must be in the form required by the regional manager and must include an offer by the applicant to pay to the government, in addition to other amounts payable under this Act and the regulations, stumpage under Part 7 and the bonus bid or bonus offer, if any, in the amount tendered.

(5)  The regional manager or district manager

(a) subject to section 81 (3), must approve the application submitted under this section, meeting the requirements of this section, that contains the highest bonus bid or bonus offer, as the case may be,

(b) if the regional manager or district manager exercises the power to reject an application under section 81 (3), must approve the application submitted under this section, meeting the requirements of this section, that contains the next highest bonus bid or bonus offer, as the case may be, or

(c) at the direction of the minister, must decline to approve any applications.

(6)  An agreement in the form of a timber sale licence must be entered into by the regional manager or district manager and the applicant for the licence whose application is approved.

  Section 20 BEFORE re-enacted by 2003-31-11, effective November 4, 2003 (BC Reg 403/2003).

  Section 20 (2) to (6) BEFORE amended by 2004-36-8, effective May 13, 2004 (Royal Assent).

(2)  On request or on his or her own initiative and by advertising in the prescribed manner, the regional manager, timber sales manager or district manager

(a) may invite applications for a timber sale licence, and

(b) in doing so,

(i)  may specify that applications for the timber sale licence are to be accepted only from one or more categories of BC timber sales enterprises as established by regulation, and

(ii)  must require that the applicant by written tender in a sealed container propose only a bonus bid or only a bonus offer.

(3)  An application for a timber sale licence must

(a) be in the form required by the regional manager or timber sales manager, and

(b) include an offer by the applicant to pay to the government, in addition to other amounts payable under this Act and the regulations,

(i)  stumpage under Part 7,

(ii)  if the timber sale licence will describe one or more areas of land within which its holder may harvest Crown timber, waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the timber sale licence, but, at the licensee's discretion, is not cut and removed, and

(iii)  either a bonus bid or bonus offer, whichever is required under subsection (2), in the amount tendered.

(4)  On receipt of applications and tenders in response to an invitation advertised under subsection (2), the regional manager, timber sales manager or district manager

(a) must approve the eligible application of the applicant whose proposed bonus bid or bonus offer is the highest of those tendered by all applicants with eligible applications, or

(b) at the direction of the minister, must decline to approve any of the eligible applications.

(5)  If the applicant referred to in subsection (4) does not enter into a timber sale licence as required under subsection (6), the regional manager, timber sales manager or district manager

(a) may approve the eligible application of the applicant whose proposed bonus bid or bonus offer is the next highest of those tendered by all applicants with eligible applications, or

(b) may decline to approve any of the eligible applications.

(6)  If an eligible application is approved under this section, the regional manager, timber sales manager or district manager and the applicant whose application is approved must enter into a timber sale licence.

  Section 20 (3) (a) BEFORE amended by BC Reg 344/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 344/2006).

(a) be in the form required by the or timber sales manager, and

  Section 20 (3) (b) BEFORE amended by 2007-14-212,Sch, effective December 1, 2007 (BC Reg 354/2007).

(b) include an offer by the applicant to pay to the government, in addition to other amounts payable under this Act and the regulations,

  Section 20 (1) (c) BEFORE amended by 2023-43-12, effective April 1, 2024 (BC Reg 62/2024).

(c) is not rejected under section 81 (3) or refused under section 81 (5).

  Section 20 (2) (a) BEFORE amended by 2021-37-3(a), effective July 15, 2024 (BC Reg 219/2024).

(a) may invite applications for a timber sale licence, and

  Section 20 (6) BEFORE amended by 2021-37-3(b), effective July 15, 2024 (BC Reg 219/2024).

(6) If an eligible application is approved under this section, the timber sales manager and the applicant whose application is approved must enter into a timber sale licence.

  Section 21 BEFORE repealed by 2003-31-12, effective May 29, 2003 (Royal Assent).

  Section 22 BEFORE amended by 2002-45-3, effective May 30, 2002 (Royal Assent).

  Section 22 (e.1) was added by 2002-45-3, effective May 30, 2002 (Royal Assent).

  Section 22 (f.1) was added by 2002-44-4, effective May 30, 2002 (Royal Assent).

  Section 22 (e.1) and (g) BEFORE amended by 2003-32-7, effective June 20, 2003 (BC Reg 242/2003).

(e.1) that is a small business agreement may include provisions specifying one or more standard making bodies and requiring the holder of the licence to conduct its operations under the licence in accordance with principles, standards and criteria established by the standard making body or bodies,

(g) must include other terms and conditions, consistent with this Act and the regulations, the Forest Practices Code of British Columbia Act and the regulations and the standards made under that Act, determined by the regional manager or district manager.

  Section 22 BEFORE re-enacted by 2003-31-13, effective November 4, 2003 (BC Reg 403/2003).

  Section 22 (d) BEFORE repealed by 2004-36-9, effective May 13, 2004 (Royal Assent).

(d) may provide for cutting permits to be issued by the district manager, to authorize its holder to harvest Crown timber from specified areas of land within the area or areas of land described in the timber sale licence,

  Section 22 (g) BEFORE amended by 2004-36-9, effective May 13, 2004 (Royal Assent).

(g) may include other terms and conditions, consistent with this Act and the regulations, determined by the regional manager, timber sales manager or district manager.

  Section 22 (g) BEFORE amended by 2007-18-10, effective May 31, 2007 (Royal Assent).

(g) may include other terms and conditions, consistent with this Act and the regulations, determined by the timber sales manager.

  Section 22 (f) BEFORE amended by 2007-14-212,Sch, effective December 1, 2007 (BC Reg 354/2007).

(f) must require its holder to pay to the government, in addition to other amounts payable under this Act and the regulations,

  Section 22 (e) and (f) BEFORE amended by 2015-26-6, effective May 28, 2015 (Royal Assent).

(e) may include provisions specifying one or more standard making bodies and requiring the holder of the licence to conduct its operations under the licence in accordance with principles, standards and criteria established by the standard making body or bodies,

(f) must require its holder to pay to the government, in addition to other amounts payable under this Act,

(i) stumpage under Part 7,

(ii) if the timber sale licence describes one or more areas of land within which its holder may harvest Crown timber, waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the timber sale licence, but, at its holder's discretion, is not cut and removed, and

(iii) a bonus bid or bonus offer, whichever is required under section 20, in the amount tendered under that section, and

  Section 22 (e.1) was added by 2015-26-6, effective May 28, 2015 (Royal Assent).

  Section 22.1 was enacted by 2015-26-7, effective May 28, 2015 (Royal Assent).

  Section 22.1 (2) BEFORE repealed by 2023-43-13, effective November 30, 2023 (Royal Assent).

(2) Subsection (1) does not apply to a timber sale licence for which applications under section 20 are invited before the date this section comes into force.

  Section 22.2 was enacted by 2015-26-8, effective July 28, 2015 (BC Reg 150/2015).

  Section 22.2 (1) (part) BEFORE amended by 2016-11-4(a), effective March 7, 2017 (BC Reg 92/2017).

(1) In this section and section 22.3:

  Section 22.2 (1) definitions of "BCTS" and "BCTS licence" BEFORE repealed by 2016-11-4(b), effective March 7, 2017 (BC Reg 92/2017).

"BCTS" means the BC Timber Sales program within the ministry;

"BCTS licence" means

(a) a timber sale licence under section 20, or

(b) a forestry licence to cut under section 47.6 (3);

  Section 22.2 (6) (b) BEFORE amended by 2016-11-4(c), effective March 7, 2017 (BC Reg 92/2017).

(b) section 47.9, 49.1, 61, 72, 73, 75.8, 115, 116, 117 or 118.

  Section 22.2 (3) BEFORE amended by 2023-43-14(a), effective April 1, 2024 (BC Reg 62/2024).

(3) The minister may not enter into a BCTS disposition agreement that would allow for the release of rights to harvest Crown timber under a non-BCTS licence if any of the rights under the non-BCTS licence are under suspension, in whole or in part, under section 76.

  Section 22.2 (6) (b) BEFORE amended by 2023-43-14(b), effective April 1, 2024 (BC Reg 62/2024).

(b) section 14 (1) (g.2), 35 (1) (n.1), 43.3 (1) (g.3), 43.55 (1) (h.2), 45 (1) (f.2), 47.9, 49.1, 61, 72, 73, 75.8, 115, 116, 117 or 118.

  Section 22.3 was enacted by 2015-26-8, effective July 28, 2015 (BC Reg 150/2015).

  Section 22.4 was enacted by 2016-11-5, effective March 7, 2017 (BC Reg 92/2017).

  Section 22.5 was enacted by 2021-37-4, effective July 15, 2024 (BC Reg 219/2024).

  Section 23 (1) BEFORE amended by 2003-32-8, effective June 20, 2003 (BC Reg 242/2003).

(1)  Despite sections 20 and 22 the regional manager or district manager, without advertising or accepting applications from other persons, may enter into an agreement in the form of a timber sale licence if

  Section 23 (1) (c), (d) and (f) BEFORE amended by 2003-32-8, effective June 20, 2003 (BC Reg 242/2003).

(c) timber, in the opinion of the regional manager or district manager,

(d) Crown land is to be used for experimental purposes and, in the opinion of the regional manager or district manager, timber is to be harvested under controlled scientific or investigative conditions,

(f) the timber sale licence is with a person that, in conjunction with the small business forest enterprise program, is contracted by the government to construct major works, for example, a forest access road, and in the opinion of the regional manager or district manager, it is desirable to remove timber from the contract area in coordination with the works contract, or

  Section 23 (2) and (3) BEFORE amended by 2003-32-8, effective June 20, 2003 (BC Reg 242/2003).

(2)  Despite sections 20 and 22, the regional manager, without advertising or accepting applications from other persons, may enter into an agreement in the form of a timber sale licence if the volume of timber specified in the application is less than 2 000 m³ and only one application is made for the timber.

(3)  Despite this Division, the regional manager, a district manager or a forest officer authorized by either of them, without advertising or accepting applications from other persons, may enter into an agreement in the form of a timber sale licence, if the estimate of the volume of timber to be harvested under the licence is not greater than 500 m³.

  Section 23 BEFORE repealed by 2003-31-14, effective December 31, 2003 (BC Reg 403/2003).

  Section 24 (4) (b) (ii) and (iv) BEFORE amended by 2003-55-78, effective January 31, 2004 (BC Reg 7/2004).

(ii)  provide security or a deposit required under this Act or the regulations or the Forest Practices Code of British Columbia Act or the regulations made under that Act in respect of the timber sale licence referred to in subsection (1) or a road permit associated with the timber sale licence,

(iv)  comply with a requirement of the Forest Practices Code of British Columbia Act or the regulations or the standards made under that Act in respect of an area of land referred to in subparagraph (iii),

  Section 24 (4) (c) (iii) (D) BEFORE amended by 2003-55-78, effective January 31, 2004 (BC Reg 7/2004).

(D)  complies with the requirement of the Forest Practices Code of British Columbia Act or the regulations or the standards made under that Act in respect of land referred to in paragraph (b) (iii), and

  Section 24 (5) (c) (D) BEFORE amended by 2003-55-78, effective January 31, 2004 (BC Reg 7/2004).

(D)  complies with the requirement of the Forest Practices Code of British Columbia Act or the regulations or the standards made under that Act in respect of land referred to in subsection (4) (b) (iii).

  Section 24 BEFORE repealed by 2003-31-14, effective March 31, 2004 (BC Reg 402/2003).

  Sections 24.1 to 24.91 were enacted by 2003-31-15, effective March 31, 2004 (BC Reg 402/2003).

  Sections 24.1 to 24.9 BEFORE repealed by 2023-10-284, effective March 30, 2023 (Royal Assent).