Table of Contents - Forest Act

Contents
Part 1 — Definitions and Interpretation
	1	Definitions and interpretation
	1.1	Delegation
Part 2 — Classification and Management of Forests and Forest Land and Regulation of Cutting Rates
	2–4	Repealed
	5	Provincial forests
	6	Wilderness areas
	7	Timber supply areas
	8	Allowable annual cut
	8.1	Adjusting the allowable annual cut
	9	Plans, studies, analyses and information
	10	Apportioning cut
Part 3 — Disposition of Timber by the Government
	Division 1 — Forms of Rights to Crown Timber
	11	Rights to Crown timber
	12	Form of agreements
	Division 2 — Forest Licences
	13	Applications
	13.1	Direct award of forest licence to produce bioenergy
	13.2	Designation of bioenergy supply contracts and specification of allowable annual cut
	14	Content of forest licence
	14.1	Mountain pine beetle salvage area
	15	Replacement
	15.1	Transition for forest licence replacement
	16	Surrender of tree farm licence
	17	Repealed
	18	Transfer to other timber supply area
	19	Consolidation and subdivision of forest licences
	Division 3 — Timber Sale Licences
	20	Applications
	21	Repealed
	22	Content of timber sale licence
	23–24	Repealed
	Division 3.1 — Conversion of Timber Sale Licences
	24.1	Interpretation
	24.2	Conversion of timber sale licence to forest licence
	24.3	Addition of timber sale licence allowable annual cut to forest licence
	24.4	Addition of timber sale licence allowable annual cut to forest licence on application
	24.5	Addition of timber sale licence to woodlot licence
	24.6	Surrender of timber sale licence for forest licence
	24.7	Surrender of timber sale licence for woodlot licence
	24.8	Surrender of timber sale licence for forestry licence to cut
	24.9	Conversion of timber sale licence to forestry licence to cut
	24.91	No compensation
	Division 4 — Forest Licence Area Restriction
	25	Permanent transfer to adjacent timber supply area
	26	Minister may impose area restrictions
	Division 5 — Timber Licences
	27	Rights in tree farm licences
	28	Rights not in tree farm licence
	29	One timber licence
	29.1	Consolidation of timber licences
	30	Content of timber licence
	31	Extension of term of timber licence
	32	Non-timber use
	Division 6 — Tree Farm Licences
	33	Applications
	34	Repealed
	35	Content of tree farm licence
	35.1	Inventories
	35.2	Management plan for tree farm licence
	36	Replacement
	36.1	Transition for tree farm licence replacement
	37	Private tenure
	38	Private land
	39	Consolidation and subdivision of tree farm licences
	39.1	Change in boundary or area
	Division 7 — Pulpwood Agreements
	40	Repealed
	41	Content of pulpwood agreement
	42	Repealed
	43	Consolidation and subdivision of pulpwood agreements
	Division 7.1 — Community Forest Agreements
	43.1	Repealed
	43.2	Applications for community forest agreements
	43.3	Content of community forest agreement
	43.4	Replacement of community forest agreements
	43.41	Transition for community forest pilot agreements and probationary community forest agreements
	43.5	Repealed
	43.51	Direct award of community forest agreements
	43.52	Change in area or boundary
	43.53	Transition for community forest agreement allowable annual cut
	Division 7.11 — First Nations Woodland Licences
	43.54	Award of first nations woodland licence
	43.55	Content of first nations woodland licence
	43.56	Replacement of first nations woodland licences
	43.57	Change in area or boundary
	Division 7.2 — Community Salvage Licences
	43.6	Interpretation
	43.7	Applications
	43.8	Content of community salvage licence
	Division 8 — Woodlot Licences
	44	Applications
	45	Content of woodlot licence
	45.1	Transition for woodlot licence allowable annual cut
	46	Replacement
	46.1	Repealed
	46.2	Consolidation of woodlot licences
	47	Repealed
	47.1	Change in area or boundary
	47.2	Repealed
	Division 8.1 — Direct Awards
	47.3	Direct award of specified licences
	Division 8.2 — Licences to Cut
	47.4	Licence to cut for persons occupying land or for oil and gas purposes
	47.5	Content of occupant and master licences to cut
	47.6	Forestry licence to cut
	47.7	Content of forestry licence to cut
	47.71	Applications for fibre supply licence to cut
	47.72	Content of a fibre supply licence to cut
	47.73	Volume deemed to be harvested under licence for cut control purposes
	Division 8.3 — Disposition of Timber Acquired under Forestry Revitalization Act or Subject to Waste Assessment
	47.8	Disposition of timber in a tree farm licence
	47.9	Disposition of timber not harvested or removed under an agreement
	Division 9 — Free Use Permits for First Nations and Others
	48	Free use permit
	49	Issuance and content of free use permit
	Division 9.1 — Christmas Tree Permits and Government Use
	50	Christmas tree permit
	51	Repealed
	52	Use by government employees and agents
Part 4 — General Tenure Provisions
	Division 1 — Interpretation
	53	Interpretation and application
	Division 2 — Transfer and Exchange
	54	Transfer of agreements permitted
	54.1	Transfer requirements
	54.2	Confirmation of completion of disposition and effect of completion
	54.3	Transfers exempt from certain requirements
	54.4	Transfer of certain agreements not permitted
	54.5	Change in control of a corporation that is the holder of an agreement
	54.6	Effect of disposition on obligations
	54.7	Disposition of private land subject to tree farm licence or woodlot licence
	54.8	Transition
	55–56	Repealed
	56.1	Repealed
	57	Exchanges of rights
	Division 3 — Extensions, Increases, Deletions and Reductions
	58	Extension of term of non-replaceable forest licences
	58.1	Extension of timber sale licences and cutting permits
	58.2	Transition for extension
	58.21	Postponement of operation of cutting permits
	58.3	Surrender of BC timber sales agreement
	59	Increase of allowable annual cut
	59.1	Innovative forestry practices
	60	Deletions, not affecting allowable annual cut, of Crown land from tree farm licences
	60.01	Other deletions, not affecting allowable annual cut, of Crown land
	60.1	Definitions for sections 60.2 to 60.91
	60.2	Other deletions of Crown land — tree farm licences
	60.3	Other deletions of Crown land – community forest agreements, first nations woodland licences, woodlot licences and timber licences
	60.4	Reductions in allowable annual cut under forest licences and timber sale licences
	60.5	Notice of an order under sections 60, 60.01 or 60.2 to 60.4
	60.501	Deletions under the Park Act
	60.51	Deemed amendment to affected agreements
	60.6	Compensation in respect of tree farm licence areas
	60.7	Compensation in respect of community forest agreement, first nation woodland licence and woodlot licence areas
	60.8	Compensation in respect of timber licences
	60.9	Compensation in respect of forest licences or timber sale licences
	60.91	Access purpose deletions or reductions unrelated to those for another purpose
	60.92	Compensation for improvements
	60.93	Commercial Arbitration Act applies
	60.94	Compensation may take form of agreement
	60.95	Set-off for benefits previously received
	61	Temporary reductions
	62	Return of surrendered harvesting rights
	63	Proportionate reduction
	63.1	Proportionate reduction if section 59.1 applies
	63.2	Date of increase or reduction in allowable annual cut and prorating
	64–66	Repealed
	67	Repealed
	68	Increase: disposition or deletion
	69	Reduction by chief forester of allowable annual cut
	70	Reductions in allowable annual cut
	71	Repealed
	72	Removal of dead or damaged timber
	73	Removal of dead or damaged timber from a timber supply area
	74	Timber cruise
	75	Compatible use
	Division 3.01 — Allowable Annual Cut Partition
	75.01	Definitions
	75.02	Partition order
	75.03	Increase or waiver of harvested volume limit in order
	75.04	Consolidation, subdivision or replacement of licences subject to an order
	75.05	Penalty for non-compliance with minister's order
	75.06	Relief from penalty
	75.07	Regulation making powers
	Division 3.1 — Cut Control
	75.1	Interpretation
	75.11	Exception for licences that define "volume of timber harvested"
	75.2	Limit on total cut for licences with a term of 5 years or less
	75.21	Limit on total cut for forestry licence to cut and community salvage licence
	75.22	Cut control period for short term licences that are extended
	75.3	Reconciliation of cut control for short term licences
	75.4	Cut control period for major licences
	75.41	Cut control limit for major licences
	75.5	Cut control period for other licences
	75.51	Cut control limit for other licences
	75.6	Reconciliation of cut control for major and other licences
	75.61	Reconciliation of cut control for woodlot licences
	75.7	Carry forward of excess harvest volume
	75.8	No carry forward of unharvested volume
	75.9	Exemption from cut control limits
	75.91	Penalty for exceeding cut control limits
	75.92	Relief
	75.93	Transitional — cut control
	75.94	Transitional — carry forward
	75.95	Transitional — volume of timber harvested
	75.96	Transitional — woodlot licence cut control and carry forward
	Division 4 — Suspension and Cancellation
	76	Suspension of rights
	77	Cancellation
	78	BC timber sales — disqualification, suspension and cancellation
	78.1	BC timber sales —minister's powers of suspension and cancellation
	79	Continuing liability
	Division 4.1 — Miscellaneous
	79.1	Order respecting notice
	80	When compensation is not payable
	80.01	Limit on compensation
	80.1	Relief from liability for appurtenancy and processing requirements
	80.2	Forestry Revitalization Act
	Division 5 — Eligibility of Applicants
	81	Eligibility
	81.1	Refusal of cutting permit or road permit
Part 5 — Timber Marking
	82	Timber marking: interpretation
	83	Timber mark duration
	84	Timber marks
	85	Applications
	86	Scaled timber brands
	87	Applications
	88	Marine log brand
	89	Marking with marine log brand
	90	Transfer
	91	Evidence
	92	Registers
Part 6 — Timber Scaling
	93	Timber scaling: interpretation
	93.1	Misrepresentation prohibited
	94	Timber to be scaled
	94.1	Scaling of special forest products
	95	Scale site authorization
	96	Scale
	97	Scale return
	98	Scaling charges, costs and expenses
	99	Second scale and second check scale
	100	Scaling
	101	Re-examination
	102	Suspension and cancellation
Part 7 — Payments to the Government
	103	Amount of stumpage
	103.1	Assessments for merchantable Crown timber that is not cut and removed
	104	Stumpage rate for timber licence
	105	Stumpage rate determined
	105.1	Accuracy of information submitted
	105.2	Correcting stumpage rates where inaccurate information was provided
	105.3	Small scale salvage costs portion to be paid into special account
	106	Cruise instead of scale
	107	More than one rate
	108	Rate on unscaled or incorrectly scaled timber
	109	BC Timber Sales Account
	110	Repealed
	111	Annual rent
	112	Calculation of annual rent
	112.1	Annual rent for council
	113	Timber cruise
Part 8 — Roads and Rights of Way
	114	Definition
	115	Road permits and road use permits for timber harvesting
	116	Right to harvest Crown timber
	117	Road use permits for industrial use
	118	Road permit content
	119	Road use permit content
	120	Repealed
	121	Road and trail construction
Part 9 — Marine Log Salvage
	121.1	Repealed
	122	Log salvage district
	123	Receiving station licence
	124	Log salvage permit
	125	Disposal and acquisition of salvaged logs
	126	Area closure
Part 10 — Manufacture in British Columbia
	127	Crown timber to be used in British Columbia
	127.1	Attempt to export timber or wood residue
	128	Exemptions
	129	Exemption conditions and permit
Part 11 — Recovery of Money, Miscellaneous
	Division 1 — Recovery of Money
	130	Lien
	130.1	Limitation period
	131	Person acquiring or dealing in timber responsible for payment
	132	Removal permit
	133	Powers cumulative
	Division 2 — Miscellaneous
	134	Repealed
	135	Repealed
	136	Records and returns
	137	Entry on land
	138–139	Repealed
	140	How notice or document may be served
	141	Extension of time
	142	Personal liability
Part 11.1 — Inspections, Audits and Assessments
	Division 1 — Interpretation and Application
	142.1	Definitions and application
	Division 2 — Inspection and Collection of Information
	142.11	Officials
	142.2	Entry on land or premises
	142.21	Inspection
	142.3	Retention of records
	142.31	Delivery of records
	142.4	Obligation of a forest revenue official
	142.41	Obligation of person on request of forest revenue official
	142.5	Evidence
	Division 3 — Assessment and Imposition of Penalty and Interest
	142.51	Assessment of estimated stumpage and interest
	142.6	Period to be considered in making an assessment
	142.61	Penalty
	142.7	Payment of assessed amount of stumpage
	142.71	Notice of assessment
	142.8	Serving a notice of assessment
	142.81	Proof and onus
	Division 4 — Appeals of Assessments
	142.9	Appeal to revenue minister
	142.91	Appeal to court
	142.92	Affect of pending appeals
	Division 5 — General
	142.93	Confidentiality
	142.94	Regulations
Part 12 — Reviews, Appeals, Regulations, Penalties
	Division 1 — Reviews
	143	Determination that may be reviewed
	144	Request for review
	145	Powers on review
	Division 2 — Appeals
	146	Determinations that may be appealed
	147	Notice of appeal
	148	Appeal
	148.1	Order for written submissions
	148.2	Interim orders
	148.3	Open hearings
	148.4	Witnesses
	148.5	Contempt
	148.6	Evidence
	149	Powers of commission
	149.1	Decision of commission
	149.2	Order for compliance
	150	Appeal to the courts
	Division 3 — Regulations
	151	Regulations
	151.01	Criteria for exercise of discretionary powers
	151.1	Regulation making power to establish forest districts
	151.2	Repealed
	151.3	Area-based allowable annual cut
	151.4	Adapting cut control under this Act for the Forestry Revitalization Act
	151.5	Adapting cut control for provisions respecting conversion of timber sale licences
	151.51	Adapting cut control for provisions respecting first nations woodland licences
	151.6	Regulation making power for fibre supply and forestry licence to cut
	151.7	Regulation making power for first nations woodland licences
	152	Interpretation for sections 152 to 162
	153	Requirement for written contracts and subcontracts
	154	Assignability of contracts and subcontracts
	155	Mediation and arbitration under contracts and subcontracts
	156	Register of Timber Harvesting Contract Mediators and Arbitrators
	157	Requirements for replaceable contracts and subcontracts
	157.1	Agreement to make a replaceable contract or subcontract non-replaceable
	157.2	Waiver by licensees, contractors and subcontractors of certain rights under regulations
	158	Special provision for certain expired contracts
	159	Applicability of certain prescribed provisions to existing contracts and subcontracts
	160	Non-compliance with prescribed requirements for contracts and subcontracts
	161	Included regulatory powers for sections 152 to 161
	162	No compensation
	Division 4 — Offences and Penalties
	163	Fines
	163.1	Interference, non-compliance and misleading
	164	Part 3 offence
	164.1	Cancellation and disqualification
	165	Repealed
	165.1	Prohibition against restricting competition in sale or purchase of logs
	165.2	Remedies preserved
	166	Officers of corporation
	167	Repealed
	167.1	Defences to a prosecution
	167.2	Section 5 of the Offence Act
	167.3	Part 6 of the Forest and Range Practices Act applies
Part 13 — Designated Areas
	168	Definition
	169	Specifying Crown land as a designated area
	170	What is the effect of specifying a designated area?
	171	Conditions
	172	Suspension and cancellation
	173	Allowable annual cut and allowable harvest in a designated area
	173.1	Effect of reduction on annual allowable cut determination
	174	Order prevails
	175	Hearing not required
	175.1	No compensation during first 4 years of designation
	175.2	Compensation for 5th and subsequent years of designation
	175.3	Set-off for benefits previously received
	175.4	Limit on compensation
Part 14 — Nisga'a Final Agreement Implementation
	176	Definition
	177	Repealed
	178	Award of licences
	179	Spent

This archived statute consolidation is current to August 3, 2012 and includes changes enacted and in force by that date. For the most current information, click here.
This Act has "Not in Force" sections. See the Table of Legislative Changes.

Forest Act

[RSBC 1996] CHAPTER 157