"Point in Time" Act Content

FORESTRY REVITALIZATION ACT
[SBC 2003] CHAPTER 17

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 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 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 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)].

Copyright (c) 2004: Queen’s Printer, Victoria, British Columbia, Canada