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Volume 45, No. 13

B.C. Reg. 178/2002

The British Columbia Gazette,

Part II

July 16, 2002

B.C. Reg. 178/2002, deposited July 5, 2002, pursuant to the FORESTS STATUTES AMENDMENT ACT, 1997 [section 160 (1) (b)]; FORESTS STATUTES AMENDMENT ACT, 1998 [section 47 (1) (b)] and the FOREST ACT [section 151 (2) (e)]. Order in Council 556/2002, approved and ordered July 4, 2002.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that

(

a) section 40 (

a) of the Forests Statutes Amendment Act,

1997 , S.B.C. 1997, c. 48, and

section 13 (

e) of the Forests Statutes Amendment Act,

1998 , S.B.C. 1998, c. 29 are brought into force, and

(

b) the Advertising, Deposits and Disposition Regulation, B.C. Reg. 552/78, is amended as set out in the attached Schedule. — M. de JONG,

Minister of Forests ; G. CAMPBELL, Presiding Member of the Executive Council.

Schedule

section 8 of the Advertising, Deposits and Disposition Regulation, B.C. Reg. 552/78, is repealed and the following substituted:

Disposition of an Amount Paid Under

section 6 and Disqualification

Refund if application not approved or if conditionally

approved

8 If an application for an agreement is not approved or is approved subject to a condition, the money paid under

section 6 in respect of the application May be refunded, if the regional manager or district manager is satisfied that there is no need for a deposit.

Forfeiture of deposit for failure to enter agreement

(1) If an application for an agreement is approved or conditionally approved but the applicant fails to enter into the agreement, the money paid under

section 6 in respect of the application is forfeited to the Crown.

(2) The minister or the minister's delegate May waive the requirement under subsection (1) to forfeit the money paid in respect of the application if satisfied that the failure was a result of

(

a) an event that

(

i) is not related to financial circumstances of the applicant,

(ii) is beyond the control of the applicant, and

(iii) would, if the licence were entered into, prevent the licence obligations from being carried out, or

(

b) a mistake made by the Crown which would make the agreement voidable.

Refund if obligations fulfilled or substantially fulfilled

10 A deposit paid under this regulation May be refunded,

(

a) in full, if the regional manager or district manager is satisfied that the licensee has fulfilled its obligations under or in respect of the agreement, or

(

b) in part, if the regional manager or district manager is satisfied that the licensee has substantially fulfilled its obligations under or in respect of the agreement.

Forfeiture of deposit for failure to comply

(

a) is cancelled, or

(

b) expires.

(2) The regional manager or district manager must dispose of the amount realized from the deposit, first, under the terms of the agreement, and then as to any amount remaining,

(a) 50% of the original deposit, or all of the balance remaining if the balance is less than 50%, to the Crown, and

(

b) the remainder to the licensee, unless the regional manager or district manager is satisfied that some or all of the remainder should be retained by the Crown after consideration of the following:

(

i) whether the licensee owes money to the Crown that May be off-set under the

Financial Administration Act ;

(

A) foregone stumpage, and

(

B) costs incurred or that will probably be incurred in the ordinary course of business, by the Crown, as a result of the failure;

(iii) any other information that the regional manager or district manager considers to be relevant.

(3) Despite subsections (1) and (2), the minister or the minister's delegate May waive the requirement to realize a deposit under this

section or May substitute a different amount than determined under subsection (2) if satisfied that the failure was a result of an event that

(

a) is not related to financial circumstances of the licensee,

(

b) is beyond the control of the licensee, and

(

c) prevents the licence obligations from being carried out.

(4) This

section does not apply to a licence in existence immediately before the coming into force of this section, if the licence has provisions that conflict with this section.

Copyright © 2002: Queen's Printer, Victoria, British Columbia, Canada