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| 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. |
[Updated to November 2, 1999]
143 (1) A review may be required under this Division of
(a) a determination, order or decision of a district manager under paragraph (d) of the definition in section 53 (1) of "volume of timber harvested during a calendar year" or under section 76 (1), (2) or (6), 77 (1) (c), 78 or 112 (2),
(b) a determination, order or decision of a regional manager under paragraph (d) of the definition in section 53 (1) of "volume of timber harvested during a calendar year" or under section 59, 59.1 (9) or (10), 66 (6) (b), 70 (2) or (4), 71(1) (d), 75, 76 (1), (2) or (6), 77 (1) (b) or 112 (2), and
(c) a determination of an employee of the ministry under section 105 (1).
(2) A review of the determinations, orders and decisions referred to
(a) in subsection (1) (a) and (c) is to be conducted by the regional manager, and
(b) in subsection (1) (b) is to be conducted by the chief forester.
(3) If a review is to be conducted by the chief forester or the regional manager under subsection (2), the chief forester or regional manager may delegate the power to decide the review to an official in the Ministry of Forests.
(4) A person who exercises a power through a delegation made under subsection (3) is required to comply with the requirements of this Division in respect of the exercise of that power and a decision of the delegate is a decision of the person who delegated the power to decide for the purposes of this Act.
(5) For the purpose of subsection (1), a redetermination or variation of stumpage rates under section 105 (1) is deemed to be a determination.
144 (1) If under the provisions referred to in section 143 (1) a determination, order or decision is made, the person
(a) in respect of whom it is made, or
(b) in respect of whose agreement it is made
may request a review of the determination, order or decision by serving a request for review on the person responsible for conducting the review under section 143 (2).
(2) The person must ensure that the request for review meets the content requirements of the regulations.
(3) The person must serve the request for review on the person responsible for conducting the review under section 143 (2) not later than 3 weeks after the date the notice of determination, order or decision is served on the person.
(3.1) After the request for review is served under subsection (1), the person requesting the review and the government must disclose the facts and law on which the person or government will rely at the review if required by the regulations and in accordance with the regulations.
(4) Before or after the time limit in subsection (3) expires, the person responsible for conducting the review under section 143 (2) may extend it.
(5) A person who does not serve the request for review within the time required under subsection (3) or (4) loses the right to require a review.
145 (1) The person responsible for conducting a review under section 143 (2) or (3) may decide the matter based on one or more of the following:
(a) the request for review and a review of the ministry's files;
(b) the request for review, the ministry's files and any other communication with persons that the person conducting the review considers necessary to decide the matter, including communication with the person requesting the review and with the person who made the determination, order or decision;
(c) an oral hearing.
(2) The person responsible for conducting the review may confirm, vary or rescind the determination, order or decision or refer it back to the person who made it, with or without directions.
(3) A written decision must be served on the person who requested the review within
(a) the prescribed period after the request for review was received by the person responsible for conducting the review under section 143 (2), or
(b) another period agreed to by the person who requested the review and the government.
(4) Despite subsection (3), if the person conducting the review determines that the request for review does not comply with the content requirements of the regulations, or that there was a failure to disclose facts and law required under section 144 (3.1), the prescribed period referred to in subsection (3) of this section does not begin until a request for review that does comply with the content requirements of the regulations is served on the person conducting the review, or the facts and law are disclosed as required under section 144 (3.1).
(5) A person conducting a review of a determination made under section 105 must apply the policies and procedures approved by the minister under section 105 that were in effect at the time of the initial determination.
(6) Unless the minister orders otherwise, a review of a determination, order or decision does not operate as a stay or suspend the operation of the determination, order or decision.
146 (1) Subject to subsection (3), an appeal may be made to the Forest Appeals Commission from a determination, order or decision of
(a) a district manager or regional manager, under the provisions referred to in section 143 (1) (a) and (b),
(b) an employee of the ministry, under section 105 (1),
(c) the chief forester, under section 60 (2), 68, 70 (1), 77 (1) (a) or 112 (1), and
(d) the chief forester, by way of a determination under section 66 (4) (b) or (5) (b), of the area of Crown land described in that section.
(2) No appeal may be made under subsection (1) (a) and (b) unless the determination, order or decision has first been reviewed under Division 1 of this Part.
(3) If a determination, order or decision referred to in subsection (1) (a) is varied by the person conducting a review under section 145, the appeal to the commission is from the determination, order or decision as varied under that section.
(4) If this Act gives a right of appeal, this Division applies to the appeal.
147 (1) If under the provisions referred to in section 146 a determination, order or decision is made, the person
(a) in respect of whom it is made, or
(b) in respect of whose agreement it is made
may appeal the determination, order or decision by
(c) serving a notice of appeal on the commission
(i) in the case of a determination, order or decision that has been reviewed, not later than 3 weeks after the date the written decision is served on the person under section 145 (3), and
(ii) in the case of a determination, order or decision that has not been reviewed, not later than 3 weeks after that date the determination, order or decision is served on the person under the provisions referred to in section 146 (1) (c) and (d), and
(d) enclosing a copy of the determination, order or decision appealed from.
(2) If the appeal is from a determination, order or decision as varied under section 145, the appellant must include a copy of the review decision with the notice of appeal served under subsection (1).
(3) The appellant must ensure that the notice of appeal served under subsection (1) complies with the content requirements of the regulations.
(3.1) After the notice of appeal is served under subsection (1), the appellant and the government must disclose the facts and law on which the appellant or government will rely at the appeal if required by the regulations and in accordance with the regulations.
(4) Before or after the time limit in subsection (1) expires, the chair or a member of the commission may extend it.
(5) A person who does not serve the notice of appeal within the time required under subsection (1) or (4) loses the right to an appeal.
148 (1) The commission, after receiving the notice of appeal, must
(a) promptly hold a hearing, or
(b) hold a hearing within the prescribed period, if any.
(2) Despite subsection (1), if the commission determines that the notice of appeal does not comply with the content requirements of the regulations, or that there was a failure to disclose facts and law required under section 147 (3.1), the commission need not hold a hearing within the prescribed period referred to in subsection (1) of this section, but must hold a hearing within the prescribed period after service of a notice of appeal that does comply with the content requirements of the regulations, or the facts and law are disclosed as required under section 147 (3.1).
(3) Only the appellant and the government are parties to the appeal.
(4) The parties may
(a) be represented by counsel,
(b) present evidence, including but not limited to evidence that was not presented in the review under Division 1 of this Part,
(c) if there is an oral hearing, ask questions, and
(d) make submissions as to facts, law and jurisdiction.
(5) A person who gives oral evidence may be questioned by the commission or the parties to the appeal.
148.1 (1) The commission or a member of it may order the parties to an appeal to deliver written submissions.
(2) If the appellant does not deliver a written submission ordered under subsection (1) within the time specified in the order, the commission may dismiss the appeal.
(3) The commission must ensure that each party to the appeal has the opportunity to review written submissions from the other party and an opportunity to rebut the written submissions.
148.2 The commission or a member of it may make an interim order in an appeal.
148.3 Hearings of the commission are open to the public.
148.4 The commission or a member of it has the same power as the Supreme Court has for the trial of civil actions
(a) to summon and enforce the attendance of witnesses,
(b) to compel witnesses to give evidence on oath or in any other manner, and
(c) to compel witnesses to produce records and things.
148.5 The failure or refusal of a person
(a) to attend,
(b) to take an oath,
(c) to answer questions, or
(d) to produce the records or things in his or her custody or possession,
makes the person, on application to the Supreme Court, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.
148.6 (1) The commission may admit as evidence in an appeal, whether or not given or proven under oath or admissible as evidence in a court,
(a) any oral testimony, or
(b) any record or other thing
relevant to the subject matter of the appeal and may act on the evidence.
(2) Nothing is admissible in evidence before the commission or a member of it that is inadmissible in a court because of a privilege under the law of evidence.
(3) Subsection (1) does not override an Act expressly limiting the extent to or purposes for which evidence may be admitted or used in any proceeding.
(4) The commission may retain, call and hear an expert witness.
149 (1) On an appeal, whether or not the person who conducted the review confirmed, varied or rescinded the determination, order or decision being appealed, the commission may consider the findings of
(a) the person who made the initial determination, order or decision, and
(b) the person who conducted the review.
(2) On an appeal, the commission may
(a) confirm, vary or rescind the determination, order or decision, or
(b) refer the matter back to the person who made the initial determination, order or decision with or without directions.
(3) If the commission decides an appeal of a determination made under section 105, the commission must, in deciding the appeal, apply the policies and procedures approved by the minister under section 105 that were in effect at the time of the initial determination.
(4) The commission may order that a party pay any or all of the actual costs in respect of the appeal.
(5) After filing in the court registry, an order under subsection (4) has the same effect as an order of the court for the recovery of a debt in the amount stated in the order against the person named in it, and all proceedings may be taken as it if were an order of the court.
(6) Unless the minister orders otherwise, an appeal under this Division does not operate as a stay or suspend the operation of the determination, order or decision under appeal.
149.1 (1) The commission must make a decision promptly after the hearing and serve copies of the decision on the appellant and the minister.
(2) On request of the appellant or the minister, the commission must provide written reasons for the decision.
(3) The commission must serve a decision within the prescribed period, if any.
149.2 If it appears that a person has failed to comply with an order or decision of the commission or a member of it, the commission, minister or appellant may apply to the Supreme Court for an order
(a) directing the person to comply with the order or decision, and
(b) directing the directors and officers of the person to cause the person to comply with the order or decision.
150 (1) The appellant or the minister, within 3 weeks after being served with the decision of the commission, may appeal the decision of the commission to the Supreme Court on a question of law or jurisdiction.
(2) On an appeal under subsection (1), a judge of the Supreme Court, on terms he or she considers appropriate, may order that the decision of the commission be stayed in whole or in part.
(3) An appeal from a decision of the Supreme Court lies to the Court of Appeal with leave of a justice of the Court of Appeal.
151 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(1.1) In making a regulation under this Act, the Lieutenant Governor in Council may do one or more of the following:
(a) delegate a matter to a person;
(b) confer a discretion on a person;
(c) make different regulations for different persons, places, things or transactions.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting any or all of the following:
(a) penalties and waste and damage assessments to be paid by a person who damages or destroys timber on Crown land;
(b) the establishment of an area of British Columbia as a forest region, the abolition and variation in boundaries and the name of a forest region and the consolidation of 2 or more forest regions;
(c) the salvaging of logs including the rights of property in salvaged logs, and the collection, marking and disposing of salvaged logs;
(d) the transportation of timber after harvesting, including but not limited to
(i) prescribing records that must accompany the timber during transportation,
(ii) requiring the production of the records for inspection by a forest officer, and
(iii) empowering a forest officer to designate the site where timber must be scaled;
(e) the payment of deposits to the government and imposing fees payable to the government;
(f) harvesting cascara bark from Crown land;
(g) the growing and harvesting of Christmas trees on Crown land;
(h) the operations of holders of log salvage permits and station licences;
(i) the seizure, sale and other disposition of salvaged logs by a regional manager if the logs are salvaged or dealt with in contravention of this Act or the regulations;
(j) seed orchards, tree breeding and associated scientific research, including authority for the chief forester, on behalf of the government, to enter into agreements respecting them;
(k) the fees to be charged for orchard seed sold by the government for the purposes of reforestation;
(l) authorizing the chief forester to appoint Tree Improvement Councils to advise him or her;
(m) a change in the boundary or area of a woodlot licence that may be made by the regional manager or district manager under section 46 (4);
(n) scaling including, without limitation,
(i) regulations authorized under Part 6,
(ii) the timing of a scale,
(iii) the estimate of stumpage,
(iv) the payment of estimated stumpage, and
(v) scale site authorizations;
(n.1) a penalty for the purpose of section 97 (2), including prescribing
(i) the amount of the penalty, or the formulas or methods to be used to determine the amount of the penalty, and
(ii) the circumstances under which the payment of the penalty may be waived.
(o) [Repealed 1999-10-18.]
(p) the definition of "effective director" for the purposes of section 53 (1);
(q) the practice, procedure and forms for reviews and appeals;
(r) the content of requests for review under section 144 and the content of notices of appeal under section 147;
(s) the circumstances under which a review or appeal may be dismissed on the basis that the request for review or notice of appeal does not meet the content requirements of the regulations, or that there was a failure to disclose facts and law as required by the regulations;
(t) the costs of reviews and appeals and the apportionment of those costs between the government and the appellant;
(u) the number of members of the commission that constitutes a quorum of the commission or a panel of the commission;
(v) fees and deposits respecting applications for reviews and appeals;
(w) the period in which the commission must hold a hearing after receiving a notice of appeal;
(x) the period in which the commission must serve a decision after hearing an appeal.
(3) The Lieutenant Governor in Council, by regulation, in respect of any provision of this Act or the regulations, may expand the meaning of "timber" to include any or all special forest products.
(4) and (5) [Repealed 1998-29-16.]
(6) The Lieutenant Governor in Council may make regulations respecting the following:
(a) the form and content of a job creation plan referred to in section 56.1 (2);
(b) the methods to be used to evaluate job creation proposals in the job creation plan;
(c) the requirement to make a job creation plan available for review and comment before the minister considers the plan;
(d) the making and submitting of reports concerning the job creation plan and performance under the plan.
151.1 [Not in force.]
151.2 (1) The Lieutenant Governor in Council may make regulations considered necessary or advisable for the purpose of more effectively bringing into operation the provisions of this Act and the Forest Practices Code of British Columbia Act related to community forest agreements, and to remedy any difficulties encountered in doing so.
(2) A regulation made under subsection (1) may, for a period the Lieutenant Governor specifies in the regulation, amend a provision of
(a) this Act,
(b) the Forest Practices Code of British Columbia Act,
(c) the regulations made under either Act, or
(d) an enactment that amends this Act or the Forest Practices Code of British Columbia Act.
(3) A regulation made under this section may be made retroactive to a date not earlier than August 31, 1998.
(4) This section is repealed on August 31, 2001 and on its repeal any regulations made under it are also repealed.
152 In this section and sections 153 to 162:
"contract" has a meaning corresponding to the definition of "contractor" below;
"contractor" means a person who has an agreement with the holder of a forest licence, timber licence, timber sale licence or tree farm licence to carry out one or more aspects of the holder's timber harvesting operations under the licence, and includes "person under contract" as defined by the regulations;
"replaceable contract" means a contract
(a) that includes a requirement that the holder of the forest licence, timber licence, timber sale licence or tree farm licence, as the case may be, by a prescribed time before expiry of the existing contract, must, if the contractor has satisfactorily performed the existing contract up to the time of the offer, make an offer to the contractor, conditional on the contractor continuing to satisfactorily perform the existing contract, of a replacement contract that
(i) provides for payment to the contractor of the amounts agreed by the parties, or failing agreement, of the amounts settled by the method of dispute resolution provided under the existing contract at the time of the offer, and
(ii) subject to a requirement as to length of term prescribed under section 157 (d) (ii), is otherwise on substantially the same terms and conditions as the existing contract, and
(b) that conforms to the requirements for replaceable contracts prescribed under section 157;
"replaceable forest licence" means a forest licence for which the regional manager must make an offer of replacement, as set out in section 15;
"replaceable subcontract" means a subcontract
(a) that includes a requirement that the contractor, by a prescribed time before expiry of the existing subcontract, must, if the subcontractor has satisfactorily performed the existing subcontract up to the time of the offer, make an offer to the subcontractor, conditional on the subcontractor continuing to satisfactorily perform the existing subcontract, of a replacement subcontract that
(i) provides for payment to the subcontractor of the amounts agreed by the parties, or failing agreement, of the amounts settled by the method of dispute resolution provided under the existing subcontract at the time of the offer, and
(ii) subject to a requirement as to length of term prescribed under section 157 (d) (ii), is otherwise on substantially the same terms and conditions as the existing subcontract, and
(b) that conforms to the requirements for replaceable subcontracts prescribed under section 157;
"replaceable timber sale licence" means a timber sale licence for which a person who is a designated applicant as defined in section 24 (1) may make a request for replacement as set out in section 24;
"replaceable tree farm licence" means a tree farm licence for which the minister must make an offer of replacement, as set out in section 36;
"subcontract" has a meaning corresponding to the definition of "subcontractor" below;
"subcontractor" means a person who has an agreement with a contractor to carry out one or more aspects of the contractor's responsibilities to the holder of the forest licence, timber licence, timber sale licence or tree farm licence, as the case may be.
153 The Lieutenant Governor in Council may make regulations
(a) requiring
(i) a holder of a forest licence, timber licence, timber sale licence or tree farm licence who enters into a contract, or
(ii) a contractor who enters into a subcontract
to do so only by a written contract or written subcontract, as the case may be, and
(b) requiring the parties to a contract or subcontract that is not in writing to exert their best efforts to convert the contract or subcontract into a written one.
154 The Lieutenant Governor in Council may make regulations
(a) prescribing, for a contract, a requirement under which
(i) the contractor's interest is assignable to another person with the consent of the holder of the forest licence, timber licence, timber sale licence or tree farm licence who is the other party to the contract, and
(ii) consent of the holder to the assignment must not be unreasonably withheld,
(b) prescribing, for a subcontract, a requirement under which
(i) the subcontractor's interest is assignable to another person with the consent of the contractor who is the other party to the subcontract, and
(ii) consent of the contractor to the assignment must not be unreasonably withheld, or
(c) prescribing, for use in contracts or subcontracts, standard provisions representing the requirements prescribed under paragraph (a) or (b).
155 The Lieutenant Governor in Council may make regulations respecting mediation and arbitration of all or certain disputes that have arisen or may arise between the parties to a contract or subcontract, including, but not limited to, regulations
(a) establishing a system of mediation and arbitration and making the system applicable to
(i) contracts, or
(ii) subcontracts
that do not make any provision or do not make adequate provision for mediation and arbitration,
(b) respecting contracts to which or subcontracts to which the system of mediation and arbitration established under this section is made applicable, including, but not limited to, regulations prescribing the following types of requirements for those contracts or subcontracts:
(i) requirements under which the parties to the contract or subcontract, as the case may be, are obliged, under the system of mediation and arbitration established under this section, to settle by mediation, and in the event of unsuccessful mediation, by arbitration,
(A) all disputes, or
(B) certain disputes as specified by regulation
that have arisen or may arise between the parties under the contract or subcontract;
(ii) requirements under which the parties to the contract or subcontract, as the case may be, must select the mediators and arbitrators to be used in the settlement of disputes under the contract or subcontract only from the Register of Timber Harvesting Contract Mediators and Arbitrators established under section 156,
(c) prescribing, for use in contracts or subcontracts, standard provisions representing the requirements prescribed under paragraph (b) (i) and (ii),
(d) prescribing what constitutes making "adequate provision" for the purposes of paragraph (a), and
(e) adopting by reference for the purpose of the system of mediation and arbitration established under this section any provisions of the Commercial Arbitration Act, either without variation or with variations that the Lieutenant Governor in Council considers necessary or desirable.
156 For the purpose of implementing a system of mediation and arbitration established under section 155, the minister may
(a) establish and maintain a Register of Timber Harvesting Contract Mediators and Arbitrators,
(b) enter in the register the names of at least 9 individuals whom the minister considers qualified to mediate or arbitrate disputes under contracts and subcontracts, and
(c) amend the register from time to time by removing names or by adding the names of individuals the minister considers qualified to mediate or arbitrate disputes under contracts and subcontracts.
157 The Lieutenant Governor in Council may make regulations
(a) requiring the holder of a timber licence, replaceable forest licence, replaceable timber sale licence or replaceable tree farm licence who enters into a contract, including a replacement contract, to do so only by means of a replaceable contract,
(b) requiring the holder of a replaceable contract who enters into a subcontract, including a replacement subcontract, to do so only by means of a replaceable subcontract,
(c) prescribing methods to be used to calculate compliance with a provision of a timber licence, replaceable forest licence, replaceable timber sale licence or replaceable tree farm licence that requires timber to be harvested by persons under contract, and defining "persons under contract" for the purpose of sections 14 (g) and 35 (1) (j),
(d) respecting replaceable contracts and replaceable subcontracts, including, but not limited to, regulations prescribing the following types of requirements for replaceable contracts or for replaceable subcontracts:
(i) requirements governing the length of the term of
(A) replaceable contracts, or
(B) replaceable subcontracts
that are made after the effective date of the regulation prescribing the requirements referred to in this subparagraph;
(ii) requirements governing the commencement and length of the term of the replacement contract or replacement subcontract, as the case may be, that must be offered under an offer referred to in
(A) paragraph (a) of the definitions in section 152 of "replaceable contract" and "replaceable subcontract", or
(B) section 158;
(iii) requirements respecting the respective rights of the parties to the replaceable contracts or replaceable subcontracts in the event of contingencies not under the control of either party, including, but not limited to,
(A) a reduction in allowable annual cut under the forest licence, timber licence, timber sale licence or tree farm licence to which the replaceable contract or replaceable subcontract pertains, or
(B) a change in harvesting methods that is approved or required by the government under the forest licence, timber licence, timber sale licence or tree farm licence to which the replaceable contract or replaceable subcontract pertains,
(e) prescribing,
(i) for use in contracts made by holders of timber licences, replaceable forest licences, replaceable timber sale licences or replaceable tree farm licences with contractors, a standard provision representing the requirement referred to in paragraph (a) of the definition of "replaceable contract" in section 152,
(ii) for use in subcontracts made by contractors described in subparagraph (i) with subcontractors, a standard provision representing the requirement referred to in paragraph (a) of the definition of "replaceable subcontract" in section 152,
(iii) for use in replaceable contracts or replaceable subcontracts, standard provisions representing any of the requirements prescribed under paragraph (d) (i) to (iii) of this section,
(f) prescribing what constitutes "substantially the same terms and conditions" for the purposes of paragraph (a) (ii) of the definitions of "replaceable contract" and "replaceable subcontract" in section 152, and
(g) prescribing what constitutes "substantially the same terms and conditions" for the purposes of section 158.
158 (1) If a contract between the holder of a timber licence, replaceable forest licence, replaceable timber sale licence or replaceable tree farm licence and a contractor expired or expires, or was or is wrongfully terminated by the holder, on or after January 25, 1991 but before the end of September 30, 1991, and
(a) the parties to the contract have not, by the end of September 30, 1991, entered into a new contract on substantially the same terms and conditions as those of the expired contract or on other terms and conditions agreed by the parties, and
(b) the contractor satisfactorily performed the contractor's obligations under the expired contract,
then, on or before October 15, 1991 or a later date that, on application by the holder, the minister may specify by order, the holder of the licence must make an offer to the contractor of a replacement contract that
(c) provides for payment to the contractor of the amounts agreed by the parties or, failing agreement, of the amounts settled by mediation and arbitration under the system established under section 155,
(d) subject to a requirement as to length of term prescribed under section 157 (d) (ii), is otherwise on substantially the same terms and conditions as the expired or terminated contract, and
(e) is a replaceable contract.
(2) In the absence of agreement between the parties to an expired or terminated contract referred to in subsection (1) as to whether the contractor satisfactorily performed the contractor's obligations under the expired or terminated contract
(a) the parties must settle that issue by mediation and arbitration under the system established under section 155, and
(b) the time within which the holder of the licence must offer a replacement contract under subsection (1) is extended to a date 15 days after the settlement of that issue.
159 A regulation made under or for the purpose of any of sections 152 to 161 respecting contracts of any class or subcontracts of any class
(a) may be made applicable to
(i) contracts, or
(ii) subcontracts
that were made before the time of coming into force of the regulation and are still in effect at that time as well as to
(iii) contracts, or
(iv) subcontracts
that are made after that time, and
(b) may include transitional provisions to deal with compliance with the regulation by the parties to those contracts or subcontracts.
160 (1) A regulation prescribing a standard provision under section 154 (c), 155 (c) or 157 (e) for contracts of any class or subcontracts of any class may specify a deadline before which the parties to
(a) any of the contracts that do not conform to the requirement represented by the standard provision, or
(b) any of the subcontracts that do not conform to the requirement represented by the standard provision
must amend the contracts or subcontracts, as the case may be, to conform to the requirement.
(2) A deadline specified by regulation under subsection (1) may be expressed
(a) as a specific date applicable to all contracts of or to all subcontracts of the relevant class that were made before the time of coming into force of the regulation and are still in effect at that time, or
(b) as the end of a period of days immediately following the making of any
(i) contract, or
(ii) subcontract
that is of the relevant class and is made after the time of coming into force of the regulation.
(3) If a deadline for contracts of any class or subcontracts of any class is specified by regulation under subsection (1) and
(a) any of the contracts that does not conform to the requirement represented by the standard provision, or
(b) any of the subcontracts that does not conform to the requirement represented by the standard provision,
as the case may be, is not amended by the parties to conform to that requirement, then, effective at the deadline, the contract or subcontract, as the case may be, is conclusively deemed
(c) to be amended to include the standard provision prescribed for that requirement, and
(d) to be binding on the parties to the contract or subcontract, as the case may be, in the same way as if amended by agreement between them.
(4) An amendment made by subsection (3) to a contract or subcontract does not prevent the parties from
(a) amending the standard provision added by subsection (3), or
(b) substituting for that standard provision another provision,
as agreed by the parties, provided that the amendment or substitution complies with the requirement that is represented by the standard provision.
(5) If a standard provision added to a contract or subcontract by subsection (3) conflicts or is inconsistent with one or more other provisions of the contract or subcontract, the standard provision added by subsection (3) prevails over that other or those other provisions.
161 (1) A regulation made under or for the purpose of any of sections 152 to 161 may
(a) provide that a provision of the regulations does not apply to or in respect of a person, a forest licence, timber licence, timber sale licence or tree farm licence, or a contract or subcontract,
(b) prescribe circumstances in which or conditions on which a provision is disapplied under paragraph (a),
(c) for the purpose of the regulation, define classes
(i) of forest licences, timber licences, timber sale licences and tree farm licences, and of holders of any of those licences,
(ii) of contracts and of contractors, and
(iii) of subcontracts and of subcontractors, and
(d) provide differently for different classes defined under paragraph (c), or
(e) permit the minister, by order, in prescribed situations and according to prescribed criteria, to relieve, in whole or in part,
(i) a holder of a forest licence, timber licence, timber sale licence or tree farm licence,
(ii) a contractor, or
(iii) a subcontractor,
who is named in the order from a requirement of the regulations, subject to the conditions, if any, imposed by the minister.
(2) Without limiting the generality of subsection (1) (c), a definition of classes under that provision may be based on the region to which a licence, contract or subcontract pertains, the volume of timber harvested or to be harvested under a licence, contract or subcontract, or on any characteristics of a licence, contract or subcontract, including when issued or made, length of term or of remaining term, or in the case of a licence or contract, whether it is replaceable.
162 No compensation is payable by the government and proceedings must not be commenced or maintained to claim compensation from the government or to obtain a declaration that compensation is payable by the government in respect of the effect, on a forest licence, timber licence, timber sale licence or tree farm licence or on a contract or subcontract, under any provision of the following:
(a) sections 152 to 161 of this Act;
(b) the regulations made under or for the purpose of a provision referred to in paragraph (a).
163 A person commits an offence if the person
(a) contravenes section 9 (2), 84 (1), (2), (3), (4) or (6), 86 (1), (2), (3.1) or (4), 90 (1) or (2), 94 (1) or (4), 95 (1) or (7), 96 (1), 97 (1) or (6), 124 (1), 125, 126 (2), 132 (2), 136 (1) or (3) or 139,
(b) marks timber with a marine log brand or scaled timber brand unless it is first marked with a timber mark under Part 5 and scaled under Part 6,
(c) represents that the person is authorized to perform a scale under Part 6 when not so authorized,
(d) subject to the Highway Act, Land Act, Ministry of Transportation and Highways Act or Park Act, constructs, modifies or maintains a road or trail on Crown land for the purpose of harvesting timber, except in accordance with this Act or a road permit,
(e) removes timber from British Columbia in contravention of section 127, or
(f) hinders, obstructs or impedes a regional manager, district manager or forest officer or a person acting under the direction of any of them in the discharge or performance of a duty or the exercise of a power or authority under this Act.
164 (1) A person commits an offence if the person
(a) by intimidation or threat hinders or prevents a person from making an application for an agreement, or from submitting a tender or bid, under Part 3,
(b) for an improper purpose threatens to make an application for an agreement, or to submit a tender or bid, under Part 3, or
(c) participates in or is a party to an agreement or arrangement among 2 or more persons, under which
(i) one or more of the persons agrees or undertakes not to make an application for an agreement, or to submit a tender or bid, under Part 3, or
(ii) particulars in an application made for an agreement, or the amount of a tender or bid submitted, under Part 3, by one or more of the persons are arrived at.
(2) Subsection (1) (c) does not apply to
(a) an agreement or arrangement made only among 2 or more corporations that are affiliated within the meaning of the Company Act, or
(b) an application for an agreement under this Act made jointly by 2 or more persons.
(3) A person who is convicted of an offence under subsection (1), and a corporation controlled by that person, is disqualified from making an application under Part 3, either on the person's own application or through an agent, for 2 years after the date of the person's conviction.
165 (1) A person commits an offence, and is liable on conviction to a fine of not more than $10 000 or to imprisonment for not more than one year, or to both, if the person
(a) contravenes a regulation made under section 135 (1), or
(b) knowingly assists in, engages in or participates in, as purchaser or otherwise, the sale of wood residue in contravention of a regulation made under section 135 (1).
(2) For the purposes of this section, the delivery of each rail car, truck or barge load, of wood residue sold in contravention of a regulation made under section 135 (1) constitutes a separate offence.
166 If a corporation commits an offence under this Act, an officer, director or agent of the corporation who authorized, permitted or acquiesced in the offence commits the offence and, despite that the corporation is convicted, is liable on conviction to fine and imprisonment.
167 A prosecution of an offence under this Act may be commenced at any time within 2 years after the commission of the offence.