FOREST ACT

This archived statute consolidation is current to November 2, 1999 and includes changes enacted and in force by that date. For the most current information, click here.

FOREST ACT

[RSBC 1996] CHAPTER 157

[Updated to November 2, 1999]

Contents

Section
Part 1 – Definitions and Interpretation
	1	Definitions and interpretation
Part 2 – Classification and Management of Forests and Forest Land and Regulation of Cutting Rates
	2	Inventory of land and forests
	3	Assessment of potential
	4	Forest land
	5	Provincial forests
	6	Wilderness areas
	7	Timber supply areas
	8	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
	14	Content of forest licence
	15	Replacement
	16	Surrender of tree farm licence
	17	Surrender of timber sale licences
	18	Transfer to other timber supply area
	19	Consolidation and subdivision of forest licences
Division 3 – Timber Sale Licences
	20	Applications
	21	Applications to minister
	22	Content of timber sale licence
	23	No advertising required
	24	Designated applicants
Division 4 – Forest Licence and Timber Sale Licence Area Restrictions
	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	Surrender of forest and timber sale licences
	35	Content of tree farm licence
	35.1	Inventories
	36	Replacement
	37	Private tenure
	38	Private land
	39	Consolidation and subdivision
Division 7 – Pulpwood Agreements
	40	Application
	41	Content of pulpwood agreement
	42	Replacement
	43	Consolidation and subdivision of pulpwood agreements
Division 7.1 – Community Forest Agreements
	43.1	Definitions and interpretation
	43.2	[Not in force]
	43.3	Content of community forest agreement
	43.4	Replacement of probationary and long-term community forest agreements
	43.5	Community forest pilot agreement
Division 8 – Woodlot Licences
	44	Applications
	45	Content of woodlot licence
	46	Replacement
	46.1	Timber processing facility
	47	Change in area or boundary
	47.1	Change in area or boundary
	47.2	Woodlot licence term – transition
Division 9 – Miscellaneous
	48	Free use permit
	49	Issuance and content of free use permit
	50	Christmas tree permit
	51	Licence to cut
	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	Consent to transfer
	55	Cancellation for failure to obtain consent
	56	Reduction in allowable annual cut
	56.1	Disposition of allowable annual cut reduction
	57	Exchanges of rights
Division 3 – Extensions, Increases, Deletions and Reductions
	58	Extension of term of non-replaceable forest licences and timber sale licences
	59	Increase of allowable annual cut
	59.1	Innovative forestry practices
	60	Deletions and reductions
	61	Temporary reductions
	62	Return of surrendered harvesting rights
	63	Proportionate reduction
	63.1	Proportionate reduction if section 59.1 applies
	64	Cut control
	65	Excess harvesting
	66	Inadequate volume
	67	Carry forward
	68	Increase: disposition or deletion
	69	Reduction by chief forester of allowable annual cut
	70	Chief forester or regional manager may reduce allowable annual cut
	71	Reduction of cut for mill closure
	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 4 – Suspension and Cancellation
	76	Suspension of rights
	77	Cancellation
	78	Disqualification
	79	Continuing liability
	80	No compensation
Division 5 – Eligibility of Applicants
	81	Eligibility
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 brand
	90	Transfer
	91	Evidence
	92	Registers
Part 6 – Timber Scaling
	93	Timber scaling: interpretation
	94	Timber to be scaled
	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
	104	Stumpage rate for timber licence and licence to cut
	105	Stumpage rate determined
	106	Cruise instead of scale
	107	More than one rate
	108	Rate on unscaled or incorrectly scaled timber
	109	Small Business Forest Enterprise Account
	110	Credit to stumpage
	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	Definitions
	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	Right of way across private land
	121	Road and trail construction
Part 9 – Marine Log Salvage
	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
	128	Exemptions
	129	Exemption conditions and permit
Part 11 – Recovery of Money, Miscellaneous
Division 1 – Recovery of Money
	130	Lien
	131	Person acquiring or dealing in timber responsible for payment
	132	Removal permit
	133	Powers cumulative
Division 2 – Miscellaneous
	134	[Repealed]
	135	Wood residue prices
	136	Records and returns
	137	Entry on land
	138	Power to stop and inspect vehicles and vessels
	139	Duty to stop
	140	How notice or document may be served
	141	Extension of time
	142	Personal liability
Part 12 – Reviews, Appeals, Regulations, Penalties
Division 1 – Reviews
	143	Determinations 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
	151.1	[Not in force]
	151.2	Community forest agreements – regulations
	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
	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	Offence
	164	Part 3 offence
	165	Wood residue offence
	166	Officers of corporation
	167	Limitation on prosecution
Part 13 – Designated Areas
	168	Definition
	169	Specifying 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
	174	Order prevails
	175	Hearing not required