B.C. Reg. 351/2004, deposited July 23, 2004, pursuant to the FOREST ACT [Sections 54.3 and 54.4]. Order in Council 782/2004, approved and ordered July 22, 2004.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that the attached Transfer Regulation is made.

— M. de JONG, Minister of Forests; J. van DONGEN, Presiding Member of the Executive Council.

TRANSFER REGULATION

Interpretation

1 (1) In this regulation:

"Act" means the Forest Act;

"affiliate" has the same meaning as in section 53 of the Act;

"agreement" means an agreement in the form of a licence, permit or agreement referred to in section 12 of the Act.

(2) Section 53 (2), (3) and (4) of the Act applies for the purposes of this regulation.

Part 1 — Exempt Transfers

Transfers between affiliates exempt

2 For the purposes of section 54.3 of the Act, sections 54 to 54.2 of the Act do not apply to, or in respect of, a disposition of an agreement if the disposition is from a corporation to an affiliate corporation.

Transfers where notice not given may be exempt

3 For the purposes of section 54.3 of the Act, sections 54 to 54.2 of the Act do not apply to, or in respect of, a disposition of an agreement where

(a) notice is not given under section 54 (2) (a) of the Act, or

(b) the disposition occurs before the minister gives notice under section 54 (2) (e) of the Act

if

(c) the disposition complies with section 54 (2) (b), (c) and (d) of the Act, and

(d) the minister, having considered the circumstances existing on the date of the disposition, is satisfied that the requirements set out in section 54.1 of the Act have been met.

Part 2 — Permitted Transfers

Transfer of section 47.3 agreements

4 (1) In this section:

"first nations agreement" means an agreement, referred to in section 43.5 (1.1) (a), 43.51 (1) (a) or 47.3 (1) (a) of the Act, between a first nation and the government respecting treaty-related measures, interim measures or economic measures;

"licence" means a licence entered into under section 47.3 (1) (a) of the Act.

(2) For the purposes of section 54.4 (1) (b) of the Act, a First Nation may dispose of a licence to a person if

(a) the minister is satisfied that the First Nation will continue to comply with the first nations agreement that relates to the licence, and

(b) the person is

(i) an individual,

(ii) a corporation

(A) established by or under an enactment, or

(B) registered as an extraprovincial company under the Business Corporations Act, or

(iii) a partnership comprised of

(A) individuals,

(B) corporations referred to in subparagraph (ii), or

(C) a combination of the entities referred to in clauses (A) and (B).

Copyright © 2004: Queen's Printer, Victoria, British Columbia, Canada