British Columbia Bill 39 (Government) — 3rd Parliament, 37th Session — Previous Version 3
3-37 Gov Bill 39-3
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2002 Legislative Session: 3rd Session, 37th Parliament
THIRD READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 13th day of May, 2002
Ian D. Izard, Law Clerk
HONOURABLE MIKE DEJONG
MINISTER OF FORESTS
BILL 39 – 2002
PROTECTED AREAS FORESTS COMPENSATION ACT
Contents
Section
Definitions
Protected areas deleted from licensed areas
Deletion under
section 60 of the Forest Act
Allowable annual cut reductions under
section 60 of the Forest Act
Set-off for benefits previously received
No application to settled claims of licence holders
Limit on compensation
Act to be given effect
Clarification of protected areas
Commencement
Schedule
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Definitions
(1) In this Act:
"annual cut reduction" means a reduction in allowable annual cut that, at any time during the period beginning on January 1, 1995 and ending May 31, 2003, the minister, acting or purporting to act under
section 63 of the Forest Act, imposed or imposes on holders of forest licences and timber sale licences;
"compensation" includes damages;
"protected area" means
(
a) a park as defined in
section 1 of the Park
Act ,
(
b) an area established under the Environment and Land Use Act as a park or protected area, or
(
c) an area established or continued as an ecological reserve under the Ecological Reserve Act or by the Protected Areas of British Columbia
Act ,
that is itemized in Column 1 of the Schedule.
(2) In this Act, words and expressions not defined in subsection (1) have the same meanings as in the Forest
Act .
Protected areas deleted from licensed areas
(1) Crown land in a protected area itemized in Column 1 of the
Schedule is conclusively deemed, effective on the date in Column 2 of the same item, to have been deleted from any part of any tree farm licence area, timber licence area, woodlot licence area or timber supply area that, on that date, is within the boundaries of that protected area.
(2) Each of the following is deemed amended to reflect the deletion under subsection (1):
(
a) a tree farm licence, timber licence or woodlot licence that authorizes the harvesting of timber in a tree farm licence area, timber licence area or woodlot licence area referred to in subsection (1);
(
b) the boundaries of a timber supply area referred to in subsection (1).
(3) For the purposes of the application of
section 60 of the Forest Act and the determination of compensation under that section, the deletions under subsection (1) must be considered to have been for a purpose other than
(
a) access to Crown timber,
(
b) highway, pipeline or power transmission line rights of way,
(
c) water storage, or
(
d) timber production.
Deletion under
section 60 of the Forest Act
3 A deletion under
section 2 (1) from a tree farm licence area, timber licence area or woodlot licence area is conclusively deemed, for all purposes, to have been and to be a deletion of Crown land validly made under
section 60 of the Forest
Act , even though notice was not served in accordance with that section.
Allowable annual cut reductions under
section 60 of the Forest Act
(1) An annual cut reduction, to the extent that it was or is attributable to the establishment of a protected area, is conclusively deemed, for all purposes, to have been and to be a reduction in allowable annual cut validly made under
section 60 of the Forest
Act , even though notice was not served in accordance with that section.
(2) If doubt exists as to whether and to what extent, if any, an annual cut reduction for any forest licence or timber sale licence was or is attributable to the establishment of a protected area in a timber supply area, the minister or a person designated by the minister, after consulting with the chief forester, may issue a written statement resolving the doubt.
(3) A written statement under subsection (2) is conclusive for the purposes of subsection (1).
Set-off for benefits previously received
5 The amount of compensation payable under
section 60 of the Forest Act to the holder of a tree farm licence, timber licence, woodlot licence, forest licence or timber sale licence must be reduced by any financial benefit or other benefit received by that holder from the government before the coming into force of this
section arising out of the establishment of a protected area.
No application to settled claims of licence holders
6 This Act does not apply in respect of a claim by the holder of a licence against the government for compensation because of a deletion under
section 2 (1) or an annual cut reduction if, before the coming into force of this section, the holder has agreed with the government for the settlement of the claim.
Limit on compensation
(1) The compensation payable to the holder of a licence because of
(
a) a deletion under
section 2 (1) affecting the licence,
(
b) an annual cut reduction affecting the licence, to the extent that it was or is attributable to the establishment of a protected area,
(
c) the establishment of a protected area that included all or part of the area under the licence, or
(
d) any of the things specified in paragraphs (
a) to (
c) in combination with either or both of the others
is limited to the amount of compensation determined in relation to that licence under
section 60 of the Forest Act as it applies for the purposes of this Act.
(2) No action lies, and an action or other proceeding must not be brought or continued against the government for compensation
(
a) arising out of this Act,
(
b) because of any of the things specified in paragraphs (
a) to (
c) of subsection (1), or
(
c) because of any of the things specified in paragraphs (
a) to (
c) of subsection (1) in combination with either or both of the others,
in an amount that exceeds the amount limited under subsection (1).
(3) A deletion under
section 2 (1), an annual cut reduction or the establishment of a protected area that included all or part of the area under a licence does not constitute an expropriation within the meaning of the Expropriation Act.
Act to be given effect
(1) This Act must be applied to and must be given effect in every action or other proceeding whether commenced before, on or after the date this Act receives Royal Assent.
(2) This Act must not be construed as lacking effect, whether retroactive or otherwise, in relation to any matter because it makes no specific reference to that matter.
Clarification of protected areas
9 The Lieutenant Governor in Council may amend the
Schedule by regulation by
(
a) amending the names of protected areas itemized in Column 1 of the
Schedule and the dates itemized in Column 2 of it, and
(
b) prescribing additional items for the
Schedule that specify additional protected areas and additional dates, in Columns 1 and 2, respectively.
Commencement
(1) Sections 1 to 3, 4 (1) and 7 (3) are deemed to have come into force on January 1, 1995 and are retroactive to the extent necessary to give them effect on and after that date.
(2) Regulations that may be made under
section 9 may be made retroactive to January 1, 1995 or a later date that the Lieutenant Governor in Council may determine, and a regulation made retroactive is deemed to have come into force on the date specified in the regulation.
Schedule
Item
Column 1
Protected Areas by Type
Column 2
Date of Deletion
Areas established under the Environment and Land Use Act as parks or protected areas
Anarchist Protected Area
April 18, 2001
Anstey Hunakwa Protected Area
April 18, 2001
Arrowstone Park
April 30, 1996
Bearhole Lake Protected Area
January 25, 2001
Beaver Creek Protected Area
May 17, 2000
Bedard Aspen Park
April 30, 1996
Blue Earth Lake Park
April 30, 1996
Bonaparte Park
April 30, 1996
Brent Mountain Protected Area
April 18, 2001
Buse Lake Protected Area
January 25, 2001
Carp Lake Protected Area
March 30, 2000
Cathedral Protected Area
April 18, 2001
Chukachida Protected Area
January 25, 2001
Churn Creek Protected Area
February 14, 1996
Churn Creek Protected Area
February 10, 1998
Close-to-the-Edge Protected Area
January 25, 2001
Cornwall Hills Park
April 30, 1996
Craig Headwaters Protected Area
January 25, 2001
Cummins River Protected Area
July 27, 2000
Damdochax Protected Area
April 18, 2001
Denetiah Corridor Protected Area
July 6, 2000
Duck Lake Protected Area
January 25, 2001
Duneza Keyih Protected Area
April 18, 2001
Dunn Peak Park
April 30, 1996
Ekwan Lake Protected Area
January 25, 2001
Elephant Hill Park
April 30, 1996
Emar Lakes Park
April 30, 1996
Enderby Cliffs Protected Area
April 18, 2001
Entiako Protected Area
January 25, 2001
Finlay-Russel Protected Area
April 18, 2001
Fintry Protected Area
April 18, 2001
Foster Arm Protected Area
January 25, 2001
Francois Lake Protected Area
July 6, 2000
Giscome Portage Trail Protected Area
April 18, 2001
Goguka Creek Protected Area
January 25, 2001
Graystokes Protected Area
April 18, 2001
Greenbush Lake Protected Area
April 18, 2001
Harry Lake Aspen Park
April 30, 1996
Hay River Protected Area
January 25, 2001
High Lakes Basin Park
April 30, 1996
Holliday Creek Arch Protected Area
January 25, 2001
Homathko River-Taklayoko Protected Area
February 14, 1996
Huchsduwachsdu Nuyem Jees/Kitlope Heritage Conservancy Park
February 20, 1996
Jackpine Remnant Protected Area
January 25, 2001
Kalamalka Lake Protected Area
April 18, 2001
Kingfisher Creek Protected Area
April 18, 2001
Kiskatinaw River Protected Area
January 25, 2001
Klin-Se-Za Protected Area
January 25, 2001
Klua Lakes Protected Area
January 25, 2001
Lac du Bois Grasslands Park
April 30, 1996
Liard River Corridor Protected Area
January 25, 2001
Lower Raush Protected Area
January 25, 2001
Maxhamish Lake Protected Area
January 25, 2001
Monashee Protected Area
April 18, 2001
Mount Griffin Protected Area
April 18, 2001
Mount Savona Park
April 30, 1996
Myra-Bellevue Protected Area
April 18, 2001
Nahatlatch Protected Area
January 25, 2001
Nechako Canyon Protected Area
July 6, 2000
North Thompson Oxbows Jensen Island Park
April 30, 1996
Northern Rocky Mountains Protected Area
January 25, 2001
Omineca Protected Area
April 18, 2001
Oregon Jack Park
April 30, 1996
Paul Lake Park
April 30, 1996
Pennask Creek Protected Area
April 18, 2001
Pitman River Protected Area
January 25, 2001
Portage Brule Rapids Protected Area
January 25, 2001
Ptarmigan Protected Area
January 25, 2001
Pukeashun Protected Area
April 18, 2001
Purcell Wilderness Conservancy Park
February 14, 1996
Pyramid Creek Falls Park
April 30, 1996
Roche Lake Park
April 30, 1996
Seven Sisters Protected Area
January 25, 2001
Sikanni Chief Canyon Protected Area
January 25, 2001
Sikanni Chief Falls Protected Area
January 25, 2001
Six Mile Hill Protected Area
October 31, 2001
Smith River-Fort Halkett Protected Area
January 25, 2001
Snowy Protected Area
April 18, 2001
South Okanagan Grasslands Protected Area
April 18, 2001
Spruce Lake Protected Area
April 18, 2001
Sugarbowl-Grizzly Den Protected Area
January 25, 2001
Sustut Protected Area
April 18, 2001
Sutherland River Protected Area
July 6, 2000
Taweel Park
April 30, 1996
Thinahtea North Protected Area
January 25, 2001
Thinahtea South Protected Area
January 25, 2001
Trepanier Protected Area
April 18, 2001
Tsintsunko Lakes Park
April 30, 1996
Tunkwa Park
April 30, 1996
Tweedsmuir Corridor Protected Area
January 25, 2001
Upper Raush Protected Area
January 25, 2001
Vaseux Protected Area
April 18, 2001
West Twin Protected Area
January 25, 2001
White Lake Grasslands Protected Area
April 18, 2001
Areas established or continued as ecological reserves under the
Ecological Reserve Act or by the Protected Areas of British Columbia Act
Ballingall Islets Ecological Reserve
June 29, 2000
Bowser Ecological Reserve
April 30, 1996
Burnt Cabin Bog Ecological Reserve
June 29, 2000
Catherine Creek Ecological Reserve
June 29, 2000
Comox Lake Bluffs Ecological Reserve
April 30, 1996
Grayling River Hot Springs Ecological Reserve
June 29, 2000
Hudson Rocks Ecological Reserve
April 30, 1996
Klanawa River Ecological Reserve
April 30, 1996
Kotcho Lake Ecological Reserve
June 29, 2000
Ladysmith Bog Ecological Reserve
April 30, 1996
Liumchen Ecological Reserve
December 9, 1998
Mahoney Lake Ecological Reserve
April 30, 1996
Misty Lake Ecological Reserve
April 30, 1996
Ospika Cones Ecological Reserve
April 11, 2001
Portage Brule Rapids Ecological Reserve
June 29, 2000
Race Rocks Ecological Reserve
February 12, 2001
Rolla Canyon Ecological Reserve
June 29, 2000
San Juan River Estuary Ecological Reserve
April 30, 1996
Woodley Range Ecological Reserve
April 30, 1996
Yale Garry Oak Ecological Reserve
December 9, 1998
Parks as defined in the Park Act
Adams Lake Marine Park
April 30, 1996
Adams Lake Park – Bush Creek Site
April 30, 1996
Anderson Bay Park
June 29, 2000
Anhluut'ukwsim Laxmihl Angwinga' asanskwhl Nisga'a
[a.k.a. Nisga'a Memorial Lava Bed Park]
July 13, 1995
Arctic Pacific Lakes Park
June 29, 2000
Arrowstone Park
June 29, 2000
Artlish Caves Park
April 30, 1996
Babine Lake Marine Park
April 11, 2001
Babine Mountain Trail Park
January 25, 2001
Babine Mountains Park
June 29, 1999
Babine River Corridor Park
June 29, 1999
Babine River Corridor Park
April 11, 2001
Banana Island Park
April 30, 1996
Bear Glacier Park
May 11, 2000
Bearhole Lake Park
January 25, 2001
Beatton Park
June 29, 2000
Beaver Creek Park
May 17, 2000
Big Bunsby Marine Park
April 30, 1996
Big Creek Park
July 13, 1995
Big Creek Park
January 25, 2001
Birkenhead Lake Park
July 23, 1997
Bishop River Park
July 23, 1997
Bligh Island Marine Park
July 13, 1995
Blue River Black Spruce Park
April 30, 1996
Blue River Pine Park
April 30, 1996
Bobtail Mountain Park
June 29, 2000
Bocock Peak Park
June 29, 2000
Bodega Ridge Park
April 11, 2001
Border Lake Park
January 25, 2001
Boulder Creek Park
June 29, 1999
Bowron Lake Park
June 29, 2000
Brackendale Eagles Park
June 29, 1999
Brooks Peninsula Park
July 13, 1995
Bugaboo Park
July 13, 1995
Bulkley Junction Park
July 23, 1997
Burns Lake Park
January 25, 2001
Butler Ridge Park
June 29, 2000
Caligata Lake Park
April 30, 1996
Call Lake Park
June 29, 1999
Callaghan Lake Park
July 23, 1997
Cape Scott Park
July 13, 1995
Cariboo Mountains Park
July 13, 1995
Cariboo River Park
July 13, 1995
Carmanah Walbran Park
July 13, 1995
Carp Lake Park
June 29, 1999
Castle Rock Hoodoos Park
July 23, 1997
Catala Island Marine Park
July 13, 1995
Chase Park
April 11, 2001
Chasm Park
July 13, 1995
Chemainus River Park
April 30, 1996
Chilliwack Lake Park
July 23, 1997
Choquette Hot Springs Park
January 25, 2001
Chu Chua Cottonwood Park
April 30, 1996
Cinnemousan Narrows Park
April 18, 2001
Claud Elliott Park
July 13, 1995
Clayoquot Arm Park
July 13, 1995
Clayoquot Plateau Park
July 13, 1995
Clendenning Park
December 9, 1998
Close-to-the-Edge Park
June 29, 2000
Cowichan River Park
July 13, 1995
Crooked River Park
June 29, 2000
Cummins Lakes Park
July 13, 1995
Cummins Lakes Park
September 16, 1998
Dahl Lake Park
June 29, 2000
Dall River Old Growth Park
June 29, 1999
Dawley Passage Park
July 13, 1995
Denetiah Park
June 29, 1999
Desolation Sound Marine Park
July 23, 1997
Dixie Cove Marine Park
April 30, 1996
Dune Za Keyih Park [a.k.a. Frog-Gataga Park]
April 11, 2001
Eakin Creek Canyon Park
April 30, 1996
Eakin Creek Floodplain Park
April 30, 1996
Ed Bird – Estella Lakes Park
April 11, 2001
Edge Hills Park
July 13, 1995
Elk Lake Park
July 13, 1995
Entiako Park
June 29, 1999
Entiako Park
January 25, 2001
Epper Passage Park
July 13, 1995
Epsom Park
July 23, 1997
Erg Mountain Park
June 29, 2000
Eskers Park
June 29, 2000
Evanoff Park
June 29, 2000
Finger-Tatuk Park
June 29, 1999
Finlay-Russel Park
April 11, 2001
Finn Creek Park
April 30, 1996
Fintry Park
April 30, 1996
Flat Lake Park
July 13, 1995
Flores Island Park
July 13, 1995
Fort George Canyon Park
June 29, 2000
Francois Lake Park
June 29, 1999
Fraser River Park
June 29, 2000
Gilnockie Park
July 13, 1995
Gladstone Park
July 13, 1995
Goat Range Park
July 13, 1995
God's Pocket Marine Park
July 13, 1995
Golden Ears Park
July 23, 1997
Gold Muchalat Park
April 30, 1996
Goldstream Park
July 13, 1995
Gowlland Tod Park
April 30, 1996
Gowlland Tod Park
July 13, 1995
Gowlland Tod Park
July 23, 1997
Graham-Laurier Park
June 29, 1999
Granby Park
July 13, 1995
Great Glacier Park
January 25, 2001
Greenstone Mountain Park
July 23, 1997
Gwillim Lake Park
June 29, 2000
Harbour-Dudgeon Lakes Park
April 30, 1996
Heather-Dina Lakes Park
April 11, 2001
Helliwell Park
July 23, 1997
Hesquiat Lake Park
July 13, 1995
Hesquiat Peninsula Park
July 13, 1995
Hitchie Creek Park
July 13, 1995
Hole-In-The-Wall Park
June 29, 2000
Homathko Estuary Park
July 23, 1997
Horne Lake Caves Park
July 13, 1995
Horneline Creek Park
June 29, 1999
Indian Arm Park
July 13, 1995
Inland Lake Park
June 29, 2000
Iskut River Hot Springs Park
January 25, 2001
Itcha Ilgachuz Park
July 13, 1995
Jackman Flats Park
June 29, 2000
Jedediah Island Marine Park
July 13, 1995
Juan de Fuca Park
January 29, 1998
Juan de Fuca Park
April 4, 1996
Junction Sheep Range Park
July 13, 1995
Kakwa Park
June 29, 1999
Kennedy Lake Park
July 13, 1995
Kennedy River Bog Park
July 13, 1995
Kianuko Park
July 13, 1995
Kitwanga Mountain Park
July 23, 1997
Kluskoil Lake Park
July 13, 1995
Kokanee Glacier Park
July 13, 1995
Kotcho Lake Village Site Park
June 29, 1999
Lawn Point Park
April 30, 1996
Lac Le Jeune Park
July 23, 1997
Lava Forks Park
January 25, 2001
Liard River Corridor Park
June 29, 1999
Liard River West Corridor Park
January 25, 2001
Little Andrews Bay Marine Park
June 29, 1999
Lockhart Creek Park
July 13, 1995
Lower Nimpkish Park
July 13, 1995
Main Lakes Park
July 23, 1997
Main Lakes Park
April 30, 1996
Malaspina Park
April 11, 2001
Maquinna Park
July 13, 1995
Marble Canyon Park
April 18, 2001
Marble Range Park
July 13, 1995
Marble River Park
July 13, 1995
Mehatl Creek Park
July 23, 1997
Milligan Hills Park
June 29, 1999
Momich Lakes Park
April 30, 1996
Monkman Park
June 29, 2000
Monte Creek Park
April 30, 1996
Moose Valley Park
July 13, 1995
Mount Blanchet Park
January 25, 2001
Mount Edziza Park
April 11, 2001
Mount Elphinstone Park
June 29, 2000
Mount Pope Park
January 25, 2001
Mount Richardson Park
June 29, 1999
Mount Robson Park
June 29, 2000
Mud Lake Delta Park
April 30, 1996
Mudzenchoot Park
January 25, 2001
Muscovite Lakes Park
April 11, 2001
Musket Island Marine Park
June 29, 2000
Nahatlatch Park
June 29, 1999
Nazko Lake Park
July 13, 1995
Netalzul Meadows Park
June 29, 1999
Nilkitkwa Lake Park
June 29, 1999
Nimpkish Lake Park
July 13, 1995
Ningunsaw Park
April 11, 2001
Nitinat River Park
April 30, 1996
North Thompson Islands Park
April 30, 1996
North Thompson Oxbows East Park
April 30, 1996
North Thompson Oxbows Manteau Park
April 30, 1996
Northern Rocky Mountains Park
June 29, 1999
Nuchatlitz Park
April 30, 1996
Nunsti Park
July 13, 1995
Octopus Islands Park
April 30, 1996
Omineca Park
April 11, 2001
Painted Bluffs Park
April 30, 1996
Peace River Corridor Park
June 29, 2000
Pine Le Moray Park
June 29, 2000
Pine Le Moray Park
April 11, 2001
Pine River Breaks Park
June 29, 2000
Pinecone Burke Park
July 13, 1995
Pink Mountain Park
June 29, 1999
Porcupine Meadows Park
April 30, 1996
Pritchard Park
July 23, 1997
Prophet River Hot Springs Park
June 29, 1999
Ptarmigan Creek Park
June 29, 2000
Purcell Wilderness Conservancy Park
July 13, 1995
Purden Lake Park
June 29, 2000
Quatsino Park
July 13, 1995
Rainbow Alley Park
June 29, 1999
Read Island Park
April 30, 1996
Redfern-Keily Park
June 29, 1999
Rendezvous Island South Park
July 23, 1997
Robson Bight (Michael Bigg) Park
July 13, 1995
Rock Bay Marine Park
July 13, 1995
Rubyrock Lake Park
January 25, 2001
Sabine Channel Marine Park
April 11, 2001
Santa-Boca Park
April 30, 1996
Sargaent Bay Park
July 23, 1997
Scatter River Old Growth Park
June 29, 1999
Schoen Lake Park
July 13, 1995
Schoolhouse Lake Park
July 13, 1995
Seven Sisters Park
June 29, 2000
Shuswap Lake Marine Park
June 29, 2000
Sikanni Old Growth Park
June 29, 1999
Slim Creek Park
June 29, 2000
Small Inlet Park
April 30, 1996
Small River Caves Park
June 29, 2000
South Texada Island Park
July 23, 1997
Spatsizi Headwaters Park
January 25, 2001
Spatsizi Plateau Wilderness Park
April 11, 2001
Spipiyus Park
June 29, 1999
Stamp River Park
April 30, 1996
Stawamus Chief Park
July 23, 1997
Stikine River Park
April 11, 2001
Strathcona Park
July 13, 1995
Stuart Lake Marine Park
April 11, 2001
Stuart River Park
June 29, 1999
Stuart River Park
June 29, 2000
Sugarbowl-Grizzly Den Park
June 29, 2000
Sulphur Passage Park
July 13, 1995
Surge Narrows Park
April 30, 1996
Sustut Park
January 25, 2001
Sutherland River Park
April 11, 2001
Swan Lake Upper Kispiox Park
June 29, 1999
Sydney Inlet Park
July 13, 1995
Syringa Park
July 13, 1995
Tahsish Kwois Park
July 13, 1995
Takla Lake Marine Park
January 25, 2001
Tantalus Park
December 9, 1998
Ten Mile Lake Park
June 29, 1999
Tetrahedron Park
July 13, 1995
Three Sisters Lakes Park
June 29, 2000
Toad River Hot Springs Park
June 29, 1999
Todagin South Slope Park
April 11, 2001
Tranquil Creek Park
July 13, 1995
Trembleur Lake Park
January 25, 2001
Tuya Mountains Park
January 25, 2001
Uncha Mountain Red Hills Park
January 25, 2001
Upper Adams River Park
April 30, 1996
Upper Lilloett Park
July 23, 1997
Upper Seymour River Park
April 18, 2001
Upper Seymour River Park
January 1, 2002
Valhalla Park
June 29, 1999
Vargas Island Park
July 13, 1995
Walhachin Oxbows Park
July 23, 1997
Wapiti Lake Park
June 29, 2000
West Arm Park
July 13, 1995
West Arm Park
December 31, 1995
West Twin Park
June 29, 2000
Weymer Creek Karst Park
April 30, 1996
Whiskers Point Park
June 29, 2000
White Pelican Park
July 13, 1995
White Ridge Park
July 13, 1995
White River Park
April 30, 1996
Windermere Lake Park
June 29, 1999
Wire Cache Park
April 30, 1996
Woss Lake Park
July 13, 1995
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