British Columbia Order in Council — Order under Forest Statutes Amendment, 1998 (O.C. 1773/2000)

O.C. 1773/2000

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No:- 177 3 , Approved and Ordered 2000 .044tenantrzotemor Executive Council Chambers, Victoria A dmini.strotat . On the recommendation of the undersigned, the aelitpuaigazierzoor, by and with the advice and consent of the Executive Council, orders that Administratoe (

a) sections and of the Forests Statutes Amendment Act,I998, S.B.C. 1998, c. 29, are brought into force, and (

b) the Cut Control Regulation, B.C. Reg. 360/96, is amended as set out in the attached Schedule. Minister of Forests Pr Member of the Executive Council (This

part is for administrative purposes only and is not part of Order.) - Authority under which Order is made: tat and section: Forests Statutes Amendment Act, 1998, s. 47; Forest Act, ss. 66 (10), 67 (4) and 151. Other (specify): lq•55 cijo December I, 2000 /8 0 1- /2000/13 At kA

SCHEDULE

Section of the Cut Control Regulation, B.C. Reg. 360/96, is amended by repealing subsection (1) and substituting the following:

(1) On the request of a holder of an agreement who has failed to harvest a minimum volume required by

section of the Act, the regional manager, minister or person authorized by the minister may refrain, in whole or in part, from making a reduction under

section of the Act, if satisfied that the reason for the failure to harvest was outside the control of the holder, and was caused by any of the following: (

a) work stoppage, including strike, lockout, injunction or moratorium; (

b) fire, flood or other natural causes; (

c) forest closures over or more fire seasons during a 5 year cut control period; (

d) delay by the government in billing cruised or scaled volumes of timber harvested under the agreement or in updating timber harvesting records for the agreement; (

e) delay by the government in authorizing harvesting operations under the agreement if (

i) the government decides to carry out special, unforeseen or extraor- dinary environmental, integrated resource, forest management or traditional use studies, or (ii) the holder is required by the government to carry out a study referred to in subparagraph (i); (

f) delay in operational planning resulting from strategic level planning requirements by the government; (

g) relocation of harvesting operations to a location that contains timber that is in imminent danger of being lost, destroyed or significantly reduced in value; (

h) relocation of harvesting operations as a result of a decision by the government to carry out special, unforeseen or extraordinary environ- mental, integrated resource, forest management or traditional use studies; (

i) depressed markets for wood products, as determined by the minister, in respect of a minimum volume requirement under section 64 (1) (

a) of the Act; (

j) incorrect information, or lack of information, from the government; (

k) delay by the government in the approval of operational plans or the issuance of a cutting permit or road permit, unless the delay was due to action taken under the Performance Based Harvesting Regulation; (1) other circumstances similar to any of those under paragraphs (

a) to (k). S of 2 ( .1) On the request of a holder of an agreement who has failed to harvest a minimum volume required by

section of the Act, the regional manager, minister or person authorized by the minister may refrain, in whole or in part, from making a reduction under

section of the Act, if satisfied that the reason for the failure to harvest was caused by the holder of the agreement taking measures, approved by the regional manager, to control or dispose of insects, diseases, animals or abiotic factors that are causing damage to, or threatening, timber on Crown land. 2 Section 3 (1) is repealed and the following substituted:

(1) For the purposes of section 67 (4) of the Act, the minister or person authorized by the minister may grant an approval under that subsection if satisfied that all the following requirements are met: (

a) the holder of the agreement has requested the approval; (

b) the holder of the agreement has (1) paid stumpage or other money payable to the government by the due date under

section of the Act, or (ii) made arrangements satisfactory to the regional manager or district manager to pay the stumpage or other money; (

c) except for the failure to harvest, the holder of the agreement has managed the agreement in substantial compliance with the requirements of the agreement, the Forest Practices Code of British Columbia Act, the regulations made under that Act, this Act and the regulations made under this Act; (

d) the failure to harvest is not the result of a strike, lockout or other similar occurrence; (

e) the holder of the agreement did everything reasonably possible to remedy the deficiency; (

f) the relief meets the government's social and economic objectives.

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 1773/2000
Type	order_in_council
Volume / chapter	arc oic 1773 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	5342fd868dd9180bc8a3d705b9de0d5ec5124c5a

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