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2007 Legislative Session: 3rd Session, 38th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE RICH COLEMAN

MINISTER OF FORESTS AND RANGE AND

MINISTER RESPONSIBLE FOR HOUSING

BILL 18 – 2007

FORESTS AND RANGE STATUTES

AMENDMENT ACT, 2007

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Forest Act

SECTION 1: [Forest Act,

section 1] adds a definition of "allowable annual cut available".

Section 1 (1) of the Forest Act, R.S.B.C. 1996, c. 157, is amended by adding the following definition:

"allowable annual cut available" means the portion of the allowable annual cut in respect of a tree farm licence area that is accessible by the holder of the tree farm licence after taking the following into account in accordance with the regulations or in accordance with an agreement authorized under

section 151 (2) (a.2):

(

a) a reservation referred to in

section 35 (1) (

h) or (n);

(

b) a deletion of Crown land from the tree farm licence area under

section 39.1 of the Act respecting a reduction under paragraph (

d) or a reservation under paragraph (a);

(

c) except for the purposes of sections 69 and 70, a reduction under one or both of those sections;

(

d) a reduction under

section 3 (3) of the Forestry Revitalization Act ; .

SECTION 2: [Forest Act,

section 1]

(

a) updates a cross reference, and

(

b) is consequential to the approval process of management plans under

section 35.2 of the Act, as added by this Bill.

Section 1 (1) is amended

(

a) in the definition of "major licence" by repealing paragraph (

a) and substituting the following:

(

a) a timber sale licence that was issued under

section 23 (1) (

a) before its repeal, , and

(

b) by repealing the definition of "management plan" .

SECTION 3: [Forest Act,

section 1.1]

allows the minister to

delegate in writing any power or duty of the minister under the Act to any of the persons listed, subject to a regulation of the Lieutenant Governor in Council setting out the powers and duties that must not be delegated,

provide directions that are binding on the delegate respecting the exercise of the power or duty, and

vary or revoke a delegation or direction;

provides that the Act and regulations apply to the delegate as they apply to the minister;

allows the delegate, if not prohibited by a direction of the minister, to subdelegate the power or duty to any of the persons listed.

3 The following

section is added:

Delegation

1.1

(1) Subject to a regulation made under

section 151 (2) (b.1), the minister, in writing, may

(

a) delegate a power or duty of the minister under this Act, including a quasi-judicial power or duty, to

(

i) a person employed in a ministry,

(ii) a class of persons employed in a ministry, or

(iii) an agent of the Crown,

(

b) provide directions that are binding on the delegate respecting the exercise of the power or the performance of the duty, and

(

c) vary or revoke a delegation or direction.

(2) In respect of a power or duty delegated under this section, this Act and the regulations apply to the delegate as they apply to the minister.

(3) A delegate, if not prohibited by a direction of the minister under subsection (1) (b), may subdelegate the power or duty to

(

a) a person employed in a ministry,

(

b) a class of persons employed in a ministry, or

(

c) an agent of the Crown.

SECTION 4: [Forest Act,

section 8.1] provides that, in the circumstances listed, the allowable

annual cut for Crown land in certain timber supply areas and for a tree

farm licence area is adjusted as prescribed in the regulations, and the adjustment

is effective until the next allowable annual cut determination is made

under

section 8 of the Act.

4 The following

section is added:

Adjusting the allowable annual cut

8.1

(1) The allowable annual cut is adjusted as prescribed in the regulations as follows:

(

a) for the Crown land in a timber supply area, excluding tree farm licence areas, community forest agreement areas and woodlot licence areas,

(

i) if the minister makes an order under

section 7 (

b) respecting the timber supply area, or

(ii) in other prescribed circumstances;

(

b) for a tree farm licence area

(

i) if the minister replaces or amends the tree farm licence under

section 39 (2) or (3), subject to

section 39 (6),

(ii) if the minister changes the boundary or area of the tree farm licence under

section 39.1, or

(iii) in other prescribed circumstances.

(2) An adjustment to the allowable annual cut referred to in subsection (1) is effective until the next allowable annual cut determination is made under

section 8 for the timber supply area or tree farm licence area.

SECTION 5: [Forest Act,

section 13] allows the minister to specify that applications for a

non-replaceable forest licence must be accepted only for one or more categories

of applicants as established by regulation.

Section 13 is amended

(

a) in subsection (1) (

a) by striking out " and " at the end of subparagraph (i), by adding " and " at the end of subparagraph (ii) and by adding the following subparagraph:

(iii) who is in a category of applicants established by regulation, if the application is for a non-replaceable forest licence and the minister has specified that applications for those licences must only be accepted from one or more categories of applicants established by regulation as set out in subsection (2.1), , and

(

b) by adding the following subsection:

(2.1) The minister may specify that applications for a non-replaceable forest licence must only be invited, under subsection (2), from one or more categories of applicants as established by regulation.

SECTION 6: [Forest Act, sections 14, 15, 30, 35, 36, 41, 45, 46, 49 and 50] adds a reference

in an applicable licence, agreement or permit to be consistent with that Act and

its regulations, and simplifies the language.

6 Sections 14 (h), 15 (3) (e), 30 (g), 35 (1) (o), 36 (3) (d), 41 (1) (g), 45 (1) (f) (iii) (B), 46 (3) (d), 49 (2) (

f) and 50 (1) (

c) are amended by striking out " this Act and the regulations, the Forest and Range Practices Act and the regulations and the standards made under that Act, " and substituting " this Act, the Forest and Range Practices Act , the Wildfire Act and any regulations or standards made under those Acts, ".

SECTION 7: [Forest Act,

section 15]

(

a) extends the period of time in respect of which the minister or a person authorized by the minister may offer the holder of a forest licence a replacement for the licence to a period beginning 6 months after the fourth anniversary of the licence and ending on its ninth anniversary, but shortens the notice period of the intent to offer the replacement from 6 months to 2 months,

(

b) corrects a cross reference,

(

c) changes the beginning of the term of a forest licence offered to be replaced under

section 15 (1.1) of the Act to the earlier of the next anniversary of the existing licence and its immediate past anniversary, if the parties agree in writing, and under

section 15 (1.2) of the Act to the tenth anniversary of the existing licence, and

(

d) requires a notice of an offer to replace a forest licence under

section 15 (1.1) or (1.2) of the Act to be published as prescribed by the Lieutenant Governor in Council.

Section 15 is amended

(

a) by repealing subsection (1.1) and substituting the following:

(1.1) During the period beginning 6 months after the fourth anniversary of a forest licence and ending on the ninth anniversary, the minister or a person authorized by the minister may offer the holder of the forest licence a replacement for it, after first giving the holder at least 2 months' notice of intent to offer the replacement. ,

(

b) in subsection (2) by striking out " Despite subsection (1), " and substituting " Despite subsection (1.2), ",

(

c) by repealing subsection (3) (a) (

i) and substituting the following:

(

i) if the forest licence is replaced under subsection (1.1), on the earlier of

(

A) the next anniversary of the existing forest licence being replaced under the offer, and

(

B) the immediate past anniversary of the existing forest licence being replaced under the offer, if the minister or a person authorized by the minister and the holder of the forest licence agree in writing,

(i.1) if the forest licence is replaced under subsection (1.2), on the tenth anniversary of the existing forest licence being replaced under the offer, or , and

(

d) by repealing subsection (4) and substituting the following:

(4) A notice of intent to offer a replacement referred to in subsection (1.1) and an offer of replacement made under subsection (1.2) must be published in the prescribed manner.

SECTION 8: [Forest Act, sections 15, 36 and 46] adds a reference to the Wildfire Act to

allow the authorized person to decline to offer a replacement for an applicable

licence if the holder of the licence has failed to comply with a requirement of

that Act and its regulations, and simplifies the language.

8 Sections 15 (2) (b) (iv) and (c) (iii) (D), 36 (2) (b) (iv) and (c) (iii) (

D) and 46 (2) (b) (iv) and (c) (iii) (

D) are amended by striking out " requirement of the Forest and Range Practices Act or the regulations or the standards made under that Act " and substituting " requirement under this Act, the Forest and Range Practices Act or the Wildfire Act ".

SECTION 9: [Forest Act,

section 16] clarifies that, after the surrender of a tree farm

licence, the minister must not enter into a new tree farm licence until a management

plan is approved under

section 35.2 of the Act, as added by this Bill.

Section 16 (4) is amended by striking out " the chief forester approves " and by adding " is approved under

section 35.2 " after " the proposed tree farm licence ".

SECTION 10: [Forest Act, sections 22, 43.8 and 47.7] adds a reference to the Forest and

that are included in an applicable licence to be consistent with those Acts, and

any standards or regulations made under those Acts, and simplifies the language.

10 Sections 22 (g), 43.8 (

h) and 47.7 (

h) are amended by striking out " this Act and the regulations, " and substituting " this Act, the Forest and Range Practices Act , the Wildfire Act and any regulations or standards made under those Acts, ".

SECTION 11: [Forest Act,

section 30] clarifies that timber under a timber licence in a tree

farm licence area must be harvested in accordance with a management plan

approved under

section 35.2 of the Act, as added by this Bill.

Section 30 (

d) is amended by striking out " management plan approved under it, " and substituting " management plan for the tree farm licence approved under

section 35.2, ".

SECTION 12: [Forest Act,

section 33] clarifies that the minister must not enter into a tree

farm licence until a management plan is approved under

section 35.2 of the

Act, as added by this Bill.

Section 33 (10) is amended by striking out " the chief forester approves " and by adding " is approved under

section 35.2 " after " the proposed tree farm licence area ".

SECTION 13: [Forest Act,

section 35]

(

a) removes the requirements for the approval and content of management plans for tree farm licences, consequential to

section 35.2 of the Act, as added by this Bill, and

(

b) is consequential to the new definition of "allowable annual cut available", as added by this Bill, and clarifies that the holder of a tree farm licence may be issued cutting permits to harvest the allowable annual cut available, as defined.

Section 35 (1) is amended

(

a) by repealing paragraph (d), and

(

b) in paragraph (

f) by striking out " the portion of ".

SECTION 14: [Forest Act,

section 35] removes the requirement that timber on a tree farm

licence area is to be available for disposition under a forest licence to persons

other than the holder of the tree farm licence in an amount determined by the

minister.

Section 35 (1) (h) (iv) is amended by striking out " forest licences, timber sale licences " and substituting " timber sale licences ".

SECTION 15: [Forest Act,

section 35.2]

provides for the approval, effective period, replacement and extension of a management plan for a tree farm licence;

provides that a tree farm licence holder must comply with a management plan approved under the section;

provides that the requirements respecting the content of a management plan in a tree farm licence do not apply to a management plan approved under

section 35.2 (1) of the Act;

provides that a management plan that is in effect before this

section comes into force is deemed to be approved under

section 35.2 (1) of the Act but must comply with the requirements in the licence respecting management plans until it is replaced under

section 35.2 (2) of the Act.

15 The following

section is added:

Management plan for tree farm licence

35.2

(1) A management plan for a tree farm licence may be approved in accordance with the regulations if the management plan

(

a) is submitted in accordance with the regulations, and

(

b) conforms to prescribed requirements.

(2) A management plan approved under subsection (1)

(

a) is effective for the period of time specified in the regulations, and

(

b) may be replaced or extended in accordance with the regulations.

(3) The tree farm licence holder must comply with a management plan approved under subsection (1) or replaced or extended under subsection (2).

(4) The requirements in a tree farm licence respecting the content of a management plan do not apply to a management plan approved under subsection (1) or replaced or extended under subsection (2).

(5) A management plan for a tree farm licence that is in effect when this

section comes into force

(

a) is deemed to be approved under subsection (1), and

(

b) despite subsection (4), must comply with the requirements in the tree farm licence respecting management plans until the management plan is replaced under subsection (2).

SECTION 16: [Forest Act,

section 36]

(

a) extends the period of time in respect of which the minister may offer the holder of a tree farm licence a replacement for the licence to a period beginning 6 months after the fourth anniversary of the licence and ending on its ninth anniversary, but shortens the notice period of the intent to offer the replacement from 6 months to 2 months,

(

b) corrects a cross reference,

(

c) changes the beginning of the terms of a tree farm licence offered to be replaced under

section 36 (1.1) of the Act to the earlier of the next anniversary of the existing licence and its immediate past anniversary, if the parties agree in writing, and under

section 36 (1.2) of the Act to the tenth anniversary of the existing licence, and

(

d) requires a notice of an offer to replace a tree farm licence under

section 36 (1.1) or (1.2) of the Act to be published as prescribed by the Lieutenant Governor in Council.

Section 36 is amended

(

a) by repealing subsection (1.1) and substituting the following:

(1.1) During the period beginning 6 months after the fourth anniversary of a tree farm licence and ending on the ninth anniversary, the minister may offer the holder of the tree farm licence a replacement for it, after first giving the holder at least 2 months' notice of intent to offer the replacement. ,

(

b) in subsection (2) by striking out " Despite subsection (1), " and substituting " Despite subsection (1.2), ",

(

c) by repealing subsection (3) (b) (

i) and substituting the following:

(

i) if the tree farm licence is replaced under subsection (1.1), on the earlier of

(

A) the next anniversary of the existing tree farm licence being replaced under the offer, and

(

B) the immediate past anniversary of the existing tree farm licence being replaced under the offer, if the minister or a person authorized by the minister and the holder of the tree farm licence agree in writing,

(i.1) if the tree farm licence is replaced under subsection (1.2), the tenth anniversary of the existing tree farm licence being replaced under the offer, or , and

(

d) by repealing subsection (4) and substituting the following:

(4) A notice of intent to offer a replacement referred to in subsection (1.1) and an offer of replacement made under subsection (1.2) must be published in the prescribed manner.

SECTION 17: [Forest Act,

section 39]

removes the requirement to specify the allowable annual cut that will apply to areas covered by tree farm licences that are consolidated or subdivided, consequential to

section 8.1 of the Act, as added by this Bill;

clarifies that, after a consolidation or subdivision of tree farm licences, the allowable annual cut must remain the same as it was before the consolidation or subdivision.

Section 39 (5) (

e) and (6) is repealed and the following substituted:

(6) If the minister makes a replacement or amendment referred to in subsection (2) or (3), the total of the allowable annual cuts, after the replacements, amendments or both, of all of the tree farm licences involved must remain the same as it was before any replacements or amendments under this section.

SECTION 18: [Forest Act,

section 43.1] is consequential to

section 43.51 of the Act, as

amended by this Bill.

Section 43.1 is amended in the definition of "probationary community forest agreement" by adding " or 43.51 " after "

section 43.2 ".

SECTION 19: [Forest Act, sections 43.3 and 43.4] adds a reference to the Wildfire Act to

be consistent with that Act and its regulations, and simplifies the language.

19 Sections 43.3 (

h) and 43.4 (5) (

c) are amended by striking out " this Act and the regulations, the Forest and Range Practices Act and the regulations and standards under that Act. " and substituting " this Act, the Forest and Range Practices Act , the Wildfire Act and any regulations or standards made under those Acts. "

SECTION 20: [Forest Act,

section 43.51] allows the regional manager or district manager to

do the following:

enter into a probationary community forest agreement without being directed by the minister;

extend the term of a probationary community forest agreement or increase the area covered by an agreement, if the holder of the agreement consents and if the extension or the increase furthers an objective set out in

section 43.51 (1) (

a) of the Act.

Section 43.51 is amended

(

a) in subsection (1) by striking out " minister, without accepting applications from other persons, may direct the regional manager or district manager to enter " and substituting " regional manager or district manager may enter ", and

(

b) by repealing subsection (2) and substituting the following:

(2) Before entering into a probationary community forest agreement under subsection (1) with the representative of a first nation, the regional manager or district manager must be satisfied that the intended holder of the probationary community forest agreement is a person or other legal entity and has been appointed by the first nation as its representative.

(2.1) After a probationary community forest agreement has been entered into under subsection (1) with a first nation or its representative, the regional manager or district manager may, if it furthers the objectives set out in subsection (1) (a), and with the consent of the holder of the probationary community forest agreement, do one or both of the following:

(

a) increase the area covered by the probationary community forest agreement;

(

b) extend the term of the probationary community forest agreement, but the total term of the agreement must not exceed 10 years.

SECTION 21: [Forest Act,

section 43.6] applies the definition of "qualifying timber" to

section

47.3 of the Act, as added by this Bill.

Section 43.6 is amended by adding " and in

section 47.3 " after " In this Division ".

SECTION 22: [Forest Act, sections 44 and 46.1] removes the restrictions on a woodlot

licence holder to own or lease a timber processing facility in British Columbia.

22 Sections 44 (5) (

a) and 46.1 are repealed.

SECTION 23: [Forest Act,

section 45] adds a reference to the Forest Practices Code of British

are included in a woodlot licence to be consistent with those Acts and their

regulations, and simplifies the language.

Section 45 (1) (

g) is amended by striking out " this Act and the regulations, the Forest and Range Practices Act and the regulations and the standards made under that Act, " and substituting " this Act, the Forest and Range Practices Act , the Forest Practices Code of British Columbia Act , the Wildfire Act and any regulations or standards made under those Acts, ".

SECTION 24: [Forest Act,

section 47.3] allows the regional manager or district manager to

do the following:

enter into a forest licence, community salvage licence, woodlot licence or forestry licence to cut with a first nation or representative of a first nation to fulfill an objective set out in

section 47.3 (1) (

a) or (

b) of the Act;

extend the term of the licence or, depending on the type of licence, increase the allowable annual cut, the maximum harvestable volume, the maximum volume of qualifying timber or the area covered by the licence, if the holder of the licence consents and if the extension or the increase furthers an objective set out in

section 47.3 (1) (

a) of the Act.

Section 47.3 is repealed and the following substituted:

Direct award of specified licences

47.3

(1) The regional manager or district manager may enter into a forest licence, community salvage licence, woodlot licence or forestry licence to cut if the licence

(

a) provides that it is entered into with a first nation or its representative to implement or further an agreement between the first nation and the government respecting treaty-related measures, interim measures or economic measures, or

(

b) is entered into with a person to mitigate the effects on that person of

(

i) a treaty,

(ii) a specification of a designated area under

Part 13, or

(iii) an agreement with a first nation and the government respecting treaty-related measures, interim measures or economic measures.

(2) Before entering into a licence under subsection (1) with the representative of a first nation, the regional manager or district manager must be satisfied that the intended holder of the licence is a person or other legal entity and has been appointed by the first nation as its representative.

(3) After a licence has been entered into under subsection (1) with a first nation or its representative, the regional manager or district manager may, if it furthers the objectives set out in subsection (1) (a), and with the consent of the holder of the licence, do one or both of the following:

(

a) increase

(

i) the allowable annual cut or the maximum harvestable volume, or both, specified in the licence, if the licence is a forest licence,

(ii) the maximum volume of qualifying timber and the maximum harvestable volume, if the licence is a community salvage licence,

(iii) the maximum harvestable volume, if the licence is a forestry licence to cut,

(iv) the area covered by the licence if the licence is a community salvage licence or a forestry licence to cut, or

(

v) subject to

section 45 (1) (b) (ii), the area covered by the licence if the licence is a woodlot licence;

(

b) extend the term of the licence, if the licence is a forest licence, community salvage licence or forestry licence to cut.

(4) The extension of the term of a licence under subsection (3) (

b) must not result in the total term of the licence exceeding

(a) 10 years, if the licence is a community salvage licence or a forestry licence to cut, or

(b) 20 years, if the licence is a forest licence.

Section 47.5 is amended

(

a) by repealing subsection (1) (b) (ii) and substituting the following:

(ii) are consistent with this Act, the Forest and Range Practices Act , the Wildfire Act and any regulations or standards made under those Acts. , and

(

b) by repealing subsection (2) (d) (ii) and substituting the following:

(ii) are consistent with this Act, the Forest and Range Practices Act , the Wildfire Act and any regulations or standards made under those Acts.

SECTION 26: [Forest Act,

section 47.8] is consequential to the new definition of "allowable

annual cut available", as added by this Bill, and clarifies that the minister may

make available for disposition, to persons other than the holder of the tree farm

licence, portions of the allowable annual cut available, as defined.

Section 47.8 is amended by adding " available " after " portions of the allowable annual cut ".

SECTION 27: [Forest Act,

section 47.8] allows the minister to make available for disposition

to a person, other than the holder of a forestry licence to cut, the portion of

Crown timber on Crown land that is subject to a forestry licence to cut related

to BC timber sales and that was reduced under the Forestry Revitalization Act

or in respect of which an attribution was made by order of the minister under

that Act.

Section 47.8 (

c) is amended by adding " or (3) " after "

section 47.6 (2) ".

SECTION 28: [Forest Act,

section 49] provides a discretion, rather than a requirement, to

Section 49 (2) (

f) is amended by striking out " must contain " and substituting " may contain ".

SECTION 29: [Forest Act,

section 52]

Section 52 (2) (

b) is amended by striking out " must include " and substituting " may include " and by striking out " this Act and the regulations, and the Forest and Range Practices Act and the regulations and the standards under that Act. " and substituting " this Act, the Forest and Range Practices Act , the Wildfire Act and any regulations or standards made under those Acts. "

SECTION 30: [Forest Act,

section 54.2] provides that, if an agreement is disposed under

section

54 of the Act, the person who disposes of the agreement and the person

who acquires it must confirm the completion of the disposition in writing to

the minister within 7 days.

Section 54.2 (1) is amended by striking out " 21 days " and substituting " 7 days ".

SECTION 31: [Forest Act,

section 54.7] clarifies that the disposition relates to private land

or an interest in private land.

Section 54.7 (4) (

a) is amended by striking out " to the disposition of the licence, " and substituting " to the disposition of the private land or the disposition of the interest in the private land, ".

SECTION 32: [Forest Act,

section 58.1]

(

a) clarifies that certain timber sale licences and cutting permits that were entered into on or after November 4, 2003 may be extended under

section 58.1 of the Act, as amended by this Bill,

(

b) and (

c) is consequential to

section 58.1 (5.1) of the Act, as added by this Bill,

(

d) provides a formula for calculating the fee payable to the government by the holder of a timber sale licence who is applying to extend the term of the licence but who harvested timber under the licence before applying for the extension, and

(

e) clarifies that certain timber sale licences and cutting permits that were entered into on or after November 4, 2003 may be extended under

section 58.1 of the Act, as amended by this Bill.

Section 58.1 is amended

(

a) by repealing subsections (1) and (2) and substituting the following:

(1) The holder of a timber sale licence that

(

a) has a term of less than 4 years, and

(

b) was entered into on or after November 4, 2003

may apply in writing to the timber sales manager for an extension of the term of the licence for a period that

(

c) does not exceed one year, and

(

d) does not result in a term of more than 4 years for that licence.

(2) The holder of a cutting permit that

(

a) has a term of less than 4 years,

(

b) is not issued under a licence to cut, and

(

c) was entered into on or after November 4, 2003

may apply in writing to the district manager for an extension of the term of the permit for a period that

(

d) does not exceed one year, and

(

e) does not result in a term of more than 4 years for that permit. ,

(

b) in subsection (3) (

c) by striking out " subsection (5). " and substituting " subsection (5) and, if applicable, subsection (5.1). ",

(

c) in subsection (5) (

c) by striking out " in accordance with a prescribed formula. " and substituting " in accordance with one or more prescribed formulas. ",

(

d) by adding the following subsection:

(5.1) If the holder of a timber sale licence harvested timber under the licence before applying to extend the term of the licence under subsection (1), the fee payable under subsection (5) (

a) or (

b) is reduced, to a maximum of 90%, by the percentage derived from the following formula:

the volume of timber harvested under the licence on or before

the date of application as determined by the timber sales manager

x 100 , and

the volume or estimated volume of timber, as applicable,

that was advertised in the invitation for applications for the licence

(

e) by repealing subsection (9) and substituting the following:

(9) The term of a timber sale licence or cutting permit to which this

section applies must not be extended except in accordance with this section.

SECTION 33: [Forest Act,

section 58.2] is consequential to

section 58.1 of the Act, as

amended by this Bill, and clarifies

(

a) that the expiry date of a cutting permit issued before November 4, 2003 is March 31, 2007, despite any contrary information in the cutting permit or an agreement, and

(

b) that certain cutting permits entered into before November 4, 2003 may be extended under

section 58.2 of the Act.

Section 58.2 is amended

(

a) in subsection (1) by striking out " before the coming into force of this section, " and substituting " before November 4, 2003, ", and

(

b) by repealing subsection (4).

SECTION 34: [Forest Act,

section 58.21]

allows the minister to postpone the operation of a cutting permit issued on or after November 4, 2003 for up to 2 years for a forest management reason specified in the regulations, and allows the minister to grant further extensions, each for a period of up to 2 years;

sets out the effective date of the postponement of cutting permits based on their date of issue and remaining term;

requires the holder of a postponed cutting permit to fulfill the obligations under the listed Acts, but not to exercise the rights under the permit during the period of postponement;

requires the minister to rescind the postponement of a cutting permit on application by the holder of the permit;

provides that, after a postponement is rescinded,

no further postponements may occur, and

the period of time remaining on the term of the cutting permit is the same as the time that remained on the term of the cutting permit when the permit was postponed.

34 The following

section is added:

Postponement of operation of cutting permits

58.21

(1) On application by the holder of a cutting permit that was issued on or after November 4, 2003, the minister, for a forest management reason specified in the regulations, may postpone the operation of the cutting permit for a period of up to 2 years.

(2) The effective date of a postponement under subsection (1) is the date determined by the minister that is on or after the date of application for the postponement.

(3) Despite subsection (2), the effective date of a postponement under subsection (1) for a cutting permit

(

a) that was issued on or after November 4, 2003 and before June 1, 2007, and

(

b) that has less than 2 years' time remaining on its term from the date of the application for the postponement to the expiration date of the cutting permit,

is the date that is the later of

(

c) the date that timber harvesting under the cutting permit ceased, if harvesting under the cutting permit took place, and

(

d) the date that is 2 years before the expiration date of the cutting permit, if no harvesting under the cutting permit took place during that 2 year period.

(4) On application by the holder of a cutting permit that had its operation postponed under subsection (1), the minister, in accordance with subsection (1), may grant further extensions to the period of postponement, each for a period not exceeding 2 years.

(5) The holder of a cutting permit that had its operation postponed under subsection (1) must not exercise any of the rights granted by the cutting permit during the period of postponement, including any extensions to the period of postponement granted under subsection (4).

(6) Despite subsection (5), the holder of a cutting permit that had its operation postponed under subsection (1) is liable to perform all obligations imposed under this Act, the Forest and Range Practices Act , the Forest Practices Code of British Columbia Act or the Wildfire Act in respect of the cutting permit that were incurred before the operation of the cutting permit was postponed.

(7) On application by the holder of a cutting permit that had its operation postponed under subsection (1), the minister must rescind the postponement of the cutting permit.

(8) If the postponement of a cutting permit is rescinded under subsection (7),

(

a) all rights under the cutting permit are exercisable by the holder of the cutting permit,

(

b) despite any contrary information in the cutting permit, the period of time remaining on the term of the cutting permit on the date the postponement is rescinded is equal to the period of time that remained on the term of the cutting permit on the effective date of the postponement under subsection (1), and

(

c) the operation of the cutting permit must not be postponed again under subsection (1), nor the period of postponement extended under subsection (4).

SECTION 35: [Forest Act,

section 68] clarifies that a tree farm licence holder may sell

Crown timber on land within the tree farm licence area, or the minister may

delete land from a tree farm licence, if the land is not required to meet the

allowable annual cut as set out in a management plan approved under

section 35.2 of the Act, as added by this Bill.

Section 68 is amended by striking out " , in an approved management plan, " and substituting " , in a management plan approved under

section 35.2, ".

SECTION 36: [Forest Act,

section 69] removes the references to a management plan being

approved under a tree farm licence, consequential to

section 35.2 of the Act, as

added by this Bill.

Section 69 (1) (

a) is amended by striking out " or a management plan approved under it ".

SECTION 37: [Forest Act,

section 69] removes the references to a management plan in relation

to a replaceable forest licence to correct an omission.

Section 69 (3) is amended by striking out " or a management plan approved under it, " and by striking out " or in the management plan approved under it ".

SECTION 38: [Forest Act,

section 72] increases from 500 m³ to 2 000 m³ the volume of

damaged timber or special forest products that may be harvested under a forestry

licence to cut.

Section 72 (3) (

b) is amended by striking out " 500 m 3 . " and substituting " 2 000 m 3 . "

SECTION 39: [Forest Act, sections 72 and 73] adds a reference to the Wildfire Act to allow

the harvesting of certain timber, but only if the harvesting will not prevent the

holder of the licence from fulfilling their obligations under that Act.

39 Sections 72 (7) and 73 (6) are amended by striking out " this Act or the Forest and Range Practices Act . " and substituting " this Act, the Forest and Range Practices Act or the Wildfire Act . "

SECTION 40: [Forest Act,

section 75.22] provides that, if a forest licence is extended

beyond its original 5 year term, the cut control periods in

section 75.4 or 75.5

of the Act apply to that licence, depending on the volume of allowable annual

cut specified in the licence.

40 The following

section is added:

Cut control period for short term licences that are extended

75.22

(1) In this section, "licence" means a forest licence originally having a term ending 5 years or less after its commencement date.

(2) On the date the term of a licence is extended under

section 47.3 (3) (

b) beyond 5 years from the commencement date,

(

a) if the licence specifies an allowable annual cut greater than 10 000 m 3 ,

section 75.4 (2) to (7) applies to the licence,

(

b) if the licence specifies an allowable annual cut of 10 000 m 3 or less,

section 75.5 (2) to (5) applies to the licence, and

(

c) the first cut control period for a licence described in paragraph (

a) or (

b) as determined under

section 75.4 (2) or 75.5 (2), as the case may be, is based on the commencement date of the term of the licence.

SECTION 41: [Forest Act,

section 75.4]

(

a) adds a woodlot licence with a term of more than 5 years to the definition of "licence" so the rules respecting cut control periods in

section 75.4 of the Act apply to these licences,

(

b) removes a timber sale licence with an allowable annual cut of greater than 10 000 m 3 and a term greater than 5 years from the definition of "licence" so the rules respecting cut control periods in

section 75.4 of the Act and cut control limits in

section 75.41 of the Act no longer apply to these licences,

(

c) clarifies that the first cut control period applies to licences as defined in

section 75.4 of the Act, excluding woodlot licences,

(

d) sets out the cut control periods for woodlot licences that are within the definition of "licence" in

section 75.4 of the Act as well as the process and effect of terminating a cut control period,

(

e) consequential to the definition of "licence" in

section 75.4 of the Act, as amended by this Bill, applies the rules respecting cut control periods and the volume of timber harvested for replaced licences to the replacement of a woodlot licence under

section 46 of the Act,

(

f) and (

g) clarifies that the termination of cut control periods in

section 75.4 (4) and (5) of the Act applies to licences as defined in

section 75.4 of the Act, excluding woodlot licences, and

(

h) provides that, if the holder of a woodlot licence that is within the definition of "licence" in

section 75.4 of the Act does not terminate the cut control period, then. immediately on the expiry of that cut control period, a new cut control period of 5 years begins.

Section 75.4 is amended

(

a) in subsection (1) by adding the following paragraph:

(a.1) a woodlot licence that has a term of more than 5 years, or ,

(

b) in subsection (1) by repealing paragraph (b),

(

c) in subsection (2) by striking out " The first cut control period for a licence that is " and substituting " The first cut control period for a licence, other than a woodlot licence, that is ",

(

d) by adding the following subsections:

(2.1) The first cut control period for a licence that is a woodlot licence, and is not a replacement for another woodlot licence, is 5 years beginning on

(

a) the first day of a month designated by the district manager, or

(

b) if the district manager does not designate a month under paragraph (a), January 1

of the calendar year in which the term of the woodlot licence begins.

(4.1) The holder of a licence that is a woodlot licence may terminate

(

a) the first cut control period for the licence, and

(

b) any subsequent cut control period for the licence determined under this

section

by written notice to the district manager or another person authorized by the district manager, delivered between the last anniversary date of the beginning of the cut control period for the licence and 6 months after that date.

(5.1) If the holder of a licence that is a woodlot licence terminates a cut control period under subsection (4.1),

(

a) the termination takes effect on the day immediately preceding the last anniversary date of the beginning of the cut control period for the licence, and

(

b) a new cut control period of 5 years for the licence begins on the last anniversary date. ,

(

e) in subsection (3) by striking out "

section 15 or 36 " and substituting "

section 15, 36 or 46 ",

(

f) in subsection (4) by striking out " The holder of a licence may terminate " and substituting " The holder of a licence, other than a woodlot licence, may terminate ",

(

g) in subsection (5) by striking out " If the holder of a licence terminates " and substituting " If the holder of a licence, other than a woodlot licence, terminates ", and

(

h) in subsection (6) by adding " or (4.1) " after " subsection (4) ".

SECTION 42: [Forest Act,

section 75.41] is consequential to the new definition of "allowable

annual cut available", and clarifies that the volume of timber harvested

during the cut control period of an applicable licence cannot exceed 110% of

the sum of the allowable annual cuts available, as defined, to the holder for

that period.

Section 75.41 (1) is amended

(

a) by striking out " that for that period are ",

(

b) in paragraph (

a) by adding " for that period " after " authorized for the licence ", and

(

c) in paragraph (

b) by adding " for that period " after " under the licence ".

SECTION 43: [Forest Act,

section 75.41]

(

a) clarifies that cut control limits applying to licences as defined in

section 75.4 of the Act do not apply to woodlot licences within the definition of "licence" in

section 75.4 of the Act, as amended by this Bill,

(

b) removes the references to timber sale licences, consequential to the definition of "licence" in

section 75.4 of the Act, as amended by this Bill,

(

c) sets the cut control limit respecting a woodlot licence within the definition of "licence" in

section 75.4 of the Act, as amended by this Bill,

(

d) sets the limit for the final cut control period respecting a woodlot licence within the definition of "licence" in

section 75.4 of the Act, as amended by this Bill, despite the cut control limit in

section 75.41 (1.1) of the Act,

(

e) removes the references to timber sale licences, consequential to the definition of "licence" in

section 75.4 of the Act, as amended by this Bill, and

(

f) provides that compliance under

section 75.41 (3) of the Act respecting maximum harvestable volume prevails if there is an inconsistency with the volume limits specified in

section 75.41 (1.1) of the Act.

Section 75.41 is amended

(

a) in subsection (1) by adding " , other than a woodlot licence, " after " The holder of a licence ",

(

b) in subsection (1) (

a) by striking out " timber sale licence or ",

(

c) by adding the following subsection:

(1.1) The holder of a licence that is a woodlot licence must ensure that the volume of timber harvested during its cut control period does not exceed 120% of the sum of the allowable annual cuts that for that period are authorized for the licence. ,

(

d) in subsection (2) by adding " or (1.1) " after " Despite subsection (1) ",

(

e) in subsection (2) (

a) by striking out " timber sale licence or forest licence, " and substituting " forest licence or woodlot licence, ", and

(

f) in subsection (4) by striking out " subsection (1) or (2) " and substituting " subsection (1), (1.1) or (2) ".

SECTION 44: [Forest Act,

section 75.5] is consequential to the inclusion of a woodlot

licence with a term of more than 5 years in the definition of "licence" under

section 75.4 of the Act, as amended by this Bill.

Section 75.5 is amended

(

a) in subsection (1) by repealing the definition of "woodlot licence" ,

(

b) by repealing subsection (3),

(

c) in subsection (3.1) by striking out " For a licence that is a replacement under

section 15 or 46 for another licence, " and substituting " For a forest licence that is a replacement under

section 15 for another forest licence, ", and

(

d) in subsections (4) and (5) by striking out " forest licence, timber sale licence or woodlot licence " and substituting " forest licence or timber sale licence ".

SECTION 45: [Forest Act,

section 75.51] is consequential to the inclusion of a woodlot

licence with a term of more than 5 years in the definition of "licence" under

section 75.4 of the Act, as amended by this Bill.

Section 75.51 is amended

(

a) in subsections (1) and (2) by striking out " timber sale licence, forest licence or woodlot licence " and substituting " timber sale licence or forest licence ", and

(

b) in subsection (3) by adding " or " at the end of paragraph (a), by striking out " , or " at the end of paragraph (

b) and by repealing paragraph (c).

SECTION 46: [Forest Act,

section 75.6] is consequential to the inclusion of a woodlot

licence with a term of more than 5 years in the definition of "licence" under

section 75.4 of the Act, as amended by this Bill.

Section 75.6 (1) (

a) is amended by striking out "

section 75.4, or " and substituting "

section 75.4, excluding a woodlot licence, or ".

SECTION 47: [Forest Act,

section 75.7] is consequential to the new definition of "allowable

annual cut available", and clarifies that if the volume of timber harvested during

a cut control period for an applicable licence exceeds the sum of the allowable

annual cuts available, as defined, allowed for that period, the excess

volume of timber is included in the next cut control period.

Section 75.7 is amended

(

a) by striking out " for that period that are ",

(

b) in paragraph (

a) by adding " for that period " after " authorized for the licence ", and

(

c) in paragraph (

b) by adding " for that period " after " under the licence ".

SECTION 48: [Forest Act, sections 75.7 to 75.9 and 75.91] is consequential to the inclusion of a woodlot licence with a term of more than 5 years in the definition of "licence" under

section 75.4 of the Act, as amended by this Bill.

48 Sections 75.7, 75.8 (1), 75.9 (1) (

a) and 75.91 (1) are amended by striking out " a forest licence, as defined in

section 75.5, a timber sale licence, as defined in

section 75.5 or a woodlot licence, as defined in

section 75.5, " and substituting " a forest licence, as defined in

section 75.5, or a timber sale licence, as defined in

section 75.5, ".

SECTION 49: [Forest Act,

section 75.8] is consequential to the new definition of "allowable

annual cut available", and clarifies that if the volume of timber harvested during

a cut control period for an applicable licence is less than the sum of the

allowable annual cuts available, as defined, allowed for that period, the unharvested

volume must not be harvested in a subsequent cut control period.

Section 75.8 is amended

(

a) in subsection (1) by striking out " for that period that are ",

(

b) in subsection (1) (

a) by adding " for that period " after " authorized for the licence ", and

(

c) in subsection (1) (

b) by adding " for that period " after " available to the holder ".

SECTION 50: [Forest Act,

section 75.8]

(

a) clarifies that the licence to cut is a forestry licence to cut, and

(

b) allows the unharvested timber referred to in

section 75.8 (1) of the Act to be disposed of to a person other than the holder of the applicable licence by means of a non-replaceable forest licence.

Section 75.8 is amended

(

a) in subsection (2) (

a) by adding " forestry " before " licence ", and

(

b) in subsection (2) by adding " , or " at the end of paragraph (

b) and by adding the following paragraph:

(

c) a non-replaceable forest licence.

SECTION 51: [Forest Act,

section 75.92] eliminates unnecessary words.

Section 75.92 is amended by striking out " that is ".

SECTION 52: [Forest Act,

section 75.96] provides for the transition of current woodlot

licences, respecting cut control periods and timber harvested, to the rules

under

section 75.4 of the Act on the repeal by this Bill of

section 75.5 (3) of

the Act.

52 The following

section is added to Division 3.1 of

Part 4:

Transitional – woodlot licence cut control and carry forward

75.96

(1) In this section, "original cut control period" means the cut control period that, under

section 75.5 (3), (3.1) or (4), was in effect for a woodlot licence immediately before the repeal of

section 75.5 (3) by the Forests and Range Statutes Amendment Act, 2007 .

(2) The original cut control period for the woodlot licence is deemed to be the first cut control period under

section 75.4 (2.1) having the same beginning date as the original cut control period.

(3) A volume of timber harvested under the woodlot licence in the original cut control period is deemed to be timber harvested in the first cut control period under

section 75.4 (2.1).

(4) A volume of timber that was deemed to be timber harvested in the original cut control period under

section 75.7 or 75.93 (2) is deemed to be harvested in the first cut control period for the woodlot licence under

section 75.4 (2.1).

(5) A volume of timber approved in accordance with

section 75.94 for harvesting under the woodlot licence in the original cut control period

(

a) is approved for harvesting in the first cut control period under

section 75.4 (2.1),

(

b) may be harvested only in the first cut control period under

section 75.4 (2.1), and

(

c) is, for the purposes of the definition of "volume of timber harvested" in

section 75.1, not charged to the woodlot licence.

SECTION 53: [Forest Act,

section 76] adds a reference to the Forest Practices Code of British Columbia Act and the Wildfire Act to allow the suspension of an applicable agreement if the holder of the agreement has failed to comply with the requirements under those Acts, and simplifies the language.

Section 76 (1) (

d) is amended by striking out " of this Act or the regulations or the Forest and Range Practices Act or the regulations or the standards made under that Act. " and substituting " under this Act, the Forest and Range Practices Act , the Forest Practices Code of British Columbia Act or the Wildfire Act . "

SECTION 54: [Forest Act,

section 78] adds a reference to the Forest Practices Code of British

Columbia Act to allow certain actions to be taken against a person if the

person has not complied with that Act or its regulations.

Section 78 (2) (

c) is amended by striking out " or " at the end of subparagraph (ii) and by adding the following subparagraph:

(ii.1) the Forest Practices Code of British Columbia Act or a regulation made under that Act, or .

SECTION 55: [Forest Act,

section 78.1] adds a reference to the Wildfire Act to allow the suspension

of an applicable agreement if the holder of the agreement has failed to

comply with that Act and its regulations, and simplifies the language.

Section 78.1 (1) (b) (ii) is amended by striking out " the Forest Practices Code of British Columbia Act or a regulation or standard made under either of them. " and substituting " the Forest Practices Code of British Columbia Act , the Wildfire Act or any regulations or standards made under those Acts. "

SECTION 56: [Forest Act,

section 79] adds a reference to the Forest Practices Code of British

Columbia Act and the Wildfire Act to make the holder of an applicable

agreement liable for performing the obligations under those Acts despite the

expiry, surrender, suspension or cancellation of the agreement, and simplifies

the language.

Section 79 (1) (

c) is amended by striking out " by or under this Act or the regulations or the Forest and Range Practices Act or the regulations or the standards made under that Act " and substituting " under this Act, the Forest and Range Practices Act , the Forest Practices Code of British Columbia Act or the Wildfire Act ".

SECTION 57: [Forest Act,

section 80] includes, as a circumstance in respect of which no

compensation is payable by the government, the refusal of a cutting permit or

road permit under

section 81.1 of the Act, as added by this Bill.

Section 80 (2) is amended

(

a) by striking out " reduction, deletion or deeming, " and substituting " reduction, refusal, deletion or deeming, ", and

(

b) in paragraph (

a) by striking out " 68 to 70 and 72 to 74; " and substituting " 68 to 70, 72 to 74 and 81.1; ".

SECTION 58: [Forest Act,

section 81] adds a reference to the Forest Practices Code of British

Columbia Act and the Wildfire Act to allow the issuance of a cutting permit

to be refused if the holder of an applicable agreement has failed to comply

with the requirements under those Acts, and for the refusal to continue until

those requirements are complied with, and simplifies the language.

Section 81 (1) (b) (iv) and (2) (c) (iv) is amended by striking out " requirement of the Forest and Range Practices Act or the regulations or the standards made under that Act " and substituting " requirement under this Act, the Forest and Range Practices Act , the Forest Practices Code of British Columbia Act or the Wildfire Act ".

SECTION 59: [Forest Act,

section 81.1] provides that a person with discretion to issue a cutting

permit or road permit must not issue the permit if the minister determines

that issuing the permit would compromise the government's objectives as

specified by regulation of the Lieutenant Governor in Council.

59 The following

section is added to

Part 4:

Refusal of cutting permit or road permit

81.1 If the minister determines that the issuance of a cutting permit or road permit would compromise government objectives as specified by regulation, the person who under this Act has discretion to issue the permit must refuse the application for the permit.

SECTION 60: [Forest Act,

section 83]

(

a) provides that the rules under

section 83 (2) or (3) of the Act relating to the expiration of timber marks no longer apply to certificates in respect of private land that is subject to a tree farm licence, woodlot licence or community forest agreement, and

(

b) provides that a timber mark in respect of private land that is subject to a tree farm licence, woodlot licence or community forest agreement does not expire but is suspended or cancelled in particular circumstances, unless the private land is no longer subject to the licence but the owner of the land remains the same, in which case the timber mark expires on the fifth anniversary of the date the private land is no longer subject to the licence or agreement.

Section 83 is amended

(

a) in subsections (2) and (3) by adding " , other than a certificate issued in respect of private land that is subject to a tree farm licence, woodlot licence or community forest agreement, " after " certificate issued under

section 85 ", and

(

b) by repealing subsection (4) and substituting the following:

(4) A timber mark held under a certificate or renewal certificate issued under

section 85 that is in respect of private land subject to a tree farm licence, woodlot licence or community forest agreement does not expire but

(

a) is suspended if, under this Act, the licence or agreement is suspended,

(

b) is cancelled if, under this Act, the licence or agreement expires or is surrendered or cancelled, or

(

c) subject to subsection (5) of this section, is cancelled if the private land is otherwise no longer subject to the licence or agreement.

(5) If

(

a) a certificate or renewal certificate issued under

section 85 is in respect of private land subject to a tree farm licence, woodlot licence or community forest agreement, and

(

b) subsequently that private land is no longer subject to the licence or agreement but the owner of the land remains the same,

the timber mark held under the certificate expires on the fifth anniversary of the date the private land is no longer subject to the licence or agreement.

SECTION 61: [Forest Act,

section 87] updates a cross reference.

Section 87 (2) (

a) is amended by striking out "

section 163 (

b) or ".

SECTION 62: [Forest Act,

section 118] adds a reference to the Wildfire Act to require any

with that Act and its regulations, and simplifies the language.

Section 118 (

d) is amended by striking out " this Act and the regulations and the Forest and Range Practices Act and the regulations and the standards made under that Act. " and substituting " this Act, the Forest and Range Practices Act , the Wildfire Act and any regulations or standards made under those Acts. "

SECTION 63: [Forest Act,

section 119] adds a reference to the Wildfire Act to require any

with that Act and its regulations, and simplifies the language.

Section 119 (

b) is amended by striking out " this Act and the regulations and the Forest and Range Practices Act and the regulations and standards made under that Act. " and substituting " this Act, the Forest and Range Practices Act , the Wildfire Act and any regulations or standards made under those Acts. "

SECTION 64: [Forest Act,

section 121] adds a reference to the Wildfire Act , and any regulations

or standards made under any of the named Acts, to allow the minister to

take certain actions if the purpose of the action is consistent with that Act and

with any regulations or standards made under those Acts.

Section 121 (1) is amended by striking out " this Act or the Forest and Range Practices Act " and substituting " this Act, the Forest and Range Practices Act or the Wildfire Act ".

SECTION 65: [Forest Act,

section 130] adds a reference to the Forest Practices Code of

British Columbia Act and the Wildfire Act so that the government has certain

rights respecting, and so that certain rules apply to, money that is required to

be paid under permits issued under those Acts, and simplifies the language.

Section 130 (1.1) (

c) is amended by striking out " the Forest and Range Practices Act or the regulations made under that Act, " and substituting " the Forest and Range Practices Act , the Forest Practices Code of British Columbia Act or the Wildfire Act , ".

SECTION 66: [Forest Act,

section 151]

provides for the Lieutenant Governor in Council to make the following regulations:

specifying the criteria, circumstances, rules, methods or formulas to be used in relation to the reservations, deletions or reductions respecting a tree farm licence for the purpose of the definition of "allowable annual cut available";

authorizing the minister to enter into agreements with tree farm licence holders to offset all or part of a reduction under the Forestry Revitalization Act , or a reservation under this Act, with a deletion of Crown land from a tree farm licence area;

provides for the Lieutenant Governor in Council to prescribe the formulas or methods to be used to adjust the allowable annual cut in the circumstances listed in

section 8.1 of the Act, as added by this Bill, and to prescribe additional circumstances in respect of which the allowable annual cut is adjusted;

respecting the approval, replacement or extension of management plans;

specifying forest management reasons in respect of which the minister may postpone the operation of a cutting permit for the purposes of

section 58.21 of the Act, as added by this Bill;

provides that the Lieutenant Governor in Council may make different regulations for different management plans.

Section 151 is amended

(

a) in subsection (2) by adding the following paragraphs:

(a.1) for the purpose of the definition of "allowable annual cut available", specifying the criteria, circumstances, rules, methods or formulas to be used in relation to the reservations, deletions or reductions respecting a tree farm licence;

(a.2) authorizing the minister to enter into agreements with one or more tree farm licence holders to offset, in whole or in part, a reduction under

section 3 (3) of the Forestry Revitalization Act , or a reservation referred to in

section 35 (1) (

h) of this Act, with a deletion of Crown land from the tree farm licence area under

section 39.1 of this Act;

(b.2) for the purposes of

section 8.1,

(

i) prescribing the formulas or methods to be used to adjust the allowable annual cut, and

(ii) prescribing additional circumstances in respect of which the allowable annual cut is adjusted;

(i.1) for the purposes of

section 35.2, the requirements relating to management plans for tree farm licences, including

(

i) the approval of management plans,

(ii) the content of management plans,

(iii) the time limits for submission of management plans or portions of management plans,

(iv) the persons to whom the management plans must be submitted,

(

v) public review of and comment on management plans,

(vi) the effective time period of management plans or portions of management plans, and

(vii) matters relating to the replacement or extension of management plans;

(k.3) for the purposes of

section 58.21, specifying forest management reasons in respect of which the minister may postpone the operation of a cutting permit; , and

(

b) by adding the following subsection:

(10) Without limiting subsection (1.1), the Lieutenant Governor in Council, in respect of regulations under subsection (2) (i.1), may make different regulations for different management plans, including management plans

(

a) that relate to different licences or agreements, or

(

b) that were in effect when

section 35.2 came into force.

SECTION 67: [Forest Act,

section 151] provides for the Lieutenant Governor in Council to

make the following regulations:

specifying the powers and duties of the minister that must not be delegated, for the purposes of

section 1.1 of the Act, as added by this Bill;

establishing the categories of applicants who may apply for a non-replaceable forest licence, for the purposes of

section 13 of the Act, as amended by this Bill;

specifying government objectives for the purposes of

section 81.1 of the Act, as added by this bill.

Section 151 (2) is amended by adding the following paragraphs:

(b.1) for the purposes of

section 1.1 (1) (a), specifying which powers and duties of the minister under this Act must not be delegated;

(b.3) for the purposes of

section 13 (1) (a) (iii) and (2.1), establishing categories of applicants from whom applications for a non-replaceable forest licence must only be invited;

(m.4) for the purposes of

section 81.1, specifying government objectives; .

SECTION 68: [Forest Act,

section 151.01] provides for the Lieutenant Governor in Council

to make regulations respecting the criteria that a person must use in exercising

a discretionary power under this Act.

68 The following

section is added:

Criteria for exercise of discretionary powers

151.01

(1) The Lieutenant Governor in Council may make regulations respecting the criteria that a person must use in exercising a discretionary power conferred on the person under this Act.

(2) Criteria prescribed under subsection (1) are in addition to any criteria required by this Act.

SECTION 69: [Forest Act,

section 163] makes it an offence for the holder of an agreement

who is required to submit information to the government for the determination

of a stumpage rate to contravene this requirement, with liability for a fine of up

to $500 000, imprisonment for up to 2 years, or both.

Section 163 (1) is amended by striking out " 94 (1), 105.1, " and substituting " 94 (1), 105 (5.2), 105.1, ".

SECTION 70: [Forest Act,

section 170] adds a reference to the Forest Practices Code of

British Columbia Act to allow the minister, in respect of a designated area, to

direct an authorized person not to issue an applicable permit, or to issue the

area, to require the authorized person to issue the permit.

Section 170 (2) (

b) and (5) is amended by striking out " this Act or the Forest and Range Practices Act , " and substituting " this Act, the Forest and Range Practices Act or the Forest Practices Code of British Columbia Act , ".

SECTION 71: [Forest Act,

section 170]

(

a) includes a road use permit as one of the permits that, under

section 170 (2) of the Act, the minister may suspend, or direct an authorized person not to issue or to issue with conditions, if the road use permit relates to all or part of a designated area, and

(

b) clarifies that a management plan that is subject to

section 170 (2) of the Act is a management plan for a tree farm licence, pulpwood agreement or woodlot licence.

Section 170 (3) is amended

(

a) in paragraph (

b) by adding " or road use permit " after " a road permit ", and

(

b) in paragraph (

h) by adding " for a tree farm licence, pulpwood agreement or woodlot licence " after " a management plan ".

SECTION 72: [Forest Act,

section 174]

adds a reference to the Forest Practices Code of British Columbia Act and the Wildfire Act so that if an order made in accordance with

Part 13 of the Forest Act is inconsistent with those Acts, or any regulation or standard made under those Acts, the order made in accordance with

Part 13 of the Forest Act prevails;

simplifies the language.

Section 174 (

a) is amended by striking out " or a regulation under this Act or that Act, " and substituting " , the Forest Practices Code of British Columbia Act , the Wildfire Act or any regulations or standards made under those Acts, ".

Forest and Range Practices Act

SECTION 73: [Forest and Range Practices Act,

section 1] provides for the regulations to set

out the activities and the additional persons that fall within the

definitions of

"forest practice" and "range practice".

Section 1 (1) of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is amended by repealing the

definitions of "forest practice" and "range practice" and substituting the following:

"forest practice" means a prescribed activity that is carried out by

(

a) the government,

(

b) a holder of an agreement under the Forest Act , or

(

c) a person in a prescribed category of persons

on private land, subject to a tree farm licence, a community forest agreement or a woodlot licence, or on Crown forest land;

"range practice" means

(

a) a prescribed activity that is carried out on Crown range by

(

i) the holder of an agreement under the Range Act , or

(ii) a person in a prescribed category of persons, and

(

b) the activities related to constructing, modifying or maintaining a range development that are carried out on Crown range by a person other than the holder of an agreement under the Range Act ; .

SECTION 74: [Forest and Range Practices Act,

section 1] corrects an omission.

Section 1 (1) is amended in paragraph (

b) of the definition of "objectives set by government" by striking out " under

section 93.4 " and substituting " objectives established under

section 93.4 ".

SECTION 75: [Forest and Range Practices Act,

section 2] is consequential to

section 120.1

of the Act, as added by this Bill.

Section 2 (2) and (3) is repealed.

SECTION 76: [Forest and Range Practices Act,

section 13] corrects an omission.

Section 13 (4) is amended by adding " or band " after " on behalf of the corporation ".

SECTION 77: [Forest and Range Practices Act,

section 16]

(

a) is consequential to

section 16 (2.01) of the Act, as added by this Bill, and

(

b) allows the Lieutenant Governor in Council to require an applicable plan to immediately conform to some or all of the Act, its regulations and standards, and government objectives, despite

section 16 (2) of the Act.

Section 16 is amended

(

a) in subsection (2) by striking out " Unless an enactment, whenever enacted, or an objective set by government, whenever established, includes a statement that it applies despite this subsection, a forest stewardship plan " and substituting " A forest stewardship plan " and by adding " that is " after " to either ", and

(

b) by adding the following subsection:

(2.01) The Lieutenant Governor in Council, by order, may declare that a forest stewardship plan, a woodlot licence plan or an amendment to either that is submitted to the minister for approval, despite subsection (2), must immediately conform to some or all of this Act, the regulations, the standards and the objectives set by government as set out in the order.

SECTION 78: [Forest and Range Practices Act,

section 22.1] includes a forestry licence to

cut as a licence under which a person can be exempted from the requirement

not to use a road for timber harvesting or tree planting.

Section 22.1 (1) (c) (

i) is amended by striking out " cutting permit or road permit, " and substituting " cutting permit, road permit or forestry licence to cut, ".

SECTION 79: [Forest and Range Practices Act,

section 37]

respecting

section 37 (2) of the Act,

is consequential to

section 37 (2.1) of the Act, as added by this Bill, and

creates consistency of language with

section 16 (2) of the Act;

respecting

section 37 (2.1) of the Act, allows the Lieutenant Governor in Council to require an applicable plan to immediately conform to some or all of the Act, its regulations and standards, and government objectives, despite

section 37 (2) of the Act.

Section 37 (2) is repealed and the following substituted:

(2) A range use plan, a range stewardship plan or an amendment to either that is submitted to the minister for approval must be considered to have conformed to this Act, the regulations, the standards and the objectives set by government if the plan or amendment conforms to the relevant provisions of this Act, the regulations, the standards and the objectives as they were 4 months before the date of the submission of the plan or amendment to the minister.

(2.1) The Lieutenant Governor in Council, by order, may declare that a range use plan, a range stewardship plan or an amendment to either that is submitted to the minister for approval, despite subsection (2), must immediately conform to some or all of this Act, the regulations, the standards and the objectives set by government as set out in the order.

SECTION 80: [Forest and Range Practices Act,

section 46]

(

a) is consequential to

section 46 (1.1) of the Act, as added by this Bill, and removes, as one of the exemptions to the prohibition of damaging the environment while carrying out a forest practice, range practice or other activity, the carrying out of a controlled burn for the purpose of range improvement, wildlife habitat improvement or another purpose authorized by the minister,

(

b) adds a requirement that a person, other than a person carrying out a forest practice, range practice or other activity, must not damage the environment while engaging in any activity on Crown land except in authorized circumstances and if the person does not know and cannot reasonably be expected to know that the activity may result in damage as specified in the regulations, and

(

c) to (

e) is consequential to

section 46 (1.1) of the Act, as added by this Bill.

Section 46 is amended

(

a) in subsection (1) (

a) by adding " or " at the end of subparagraph (ii) and by repealing subparagraph (iii),

(

b) by adding the following subsection:

(1.1) A person, other than a person described in subsection (1), must not engage in any activity on Crown land that results in damage to the environment, unless in doing so

(

a) the person

(

i) is acting in accordance with a plan, authorization or permit under this Act,

(ii) is not required to hold a plan or permit because of an exemption under this Act and is acting in accordance with this Act, the regulations and the standards, or

(iii) is acting in accordance with another enactment, and

(

b) the person does not know and cannot reasonably be expected to know that, because of weather conditions or site factors, engaging in the activity may result, directly or indirectly, in damage specified by regulation. ,

(

c) in subsection (2) by striking out " subsection (1) " and substituting " subsection (1) or (1.1) ",

(

d) in subsection (3) by adding " or an activity referred to in subsection (1.1) " after " referred to in subsection (1) ", and

(

e) in subsection (3) (

a) by striking out " subsection (1), and " and substituting " subsection (1) or (1.1), as the case may be, and ".

SECTION 81: [Forest and Range Practices Act,

section 51] provides the minister with discretion

to specify requirements for any required security.

Section 51 (5) is amended by striking out " the minister must specify " and substituting " the minister may specify ".

SECTION 82: [Forest and Range Practices Act,

section 52] enables the minister to authorize

cutting, damaging or destroying of Crown timber to abate a fire hazard

related to wildfires.

Section 52 (1) (

b) is amended by adding " , abating a fire hazard related to wildfires " after " forest health ".

SECTION 83: [Forest and Range Practices Act,

section 52.1] in respect of an authorization

to cut, damage or destroy Crown timber for silviculture, stand tending, forestry

health, abating fire hazards related to wildfires and other purposes, provides

for the following:

that the minister may

require the matter to be submitted for review and may seek comments by interested parties during the review,

grant or refuse the authorization, depending on the review, and may revoke or vary an authorization, and

impose preconditions or conditions of the authorization including the provision of security, and may specify requirements for the security;

that the person obtaining the authorization must comply with any conditions.

83 The following

section is added:

Authorization for silviculture, stand tending, forest health or another purpose

52.1

(1) The minister, in respect of an authorization under

section 52 (1) (b), may

(

a) require the person seeking the authorization to submit the matter for which the authorization is sought for review in accordance with prescribed requirements, and for comments by interested parties during the course of the review,

(

b) grant or refuse the authorization, depending on the outcome of a review required under paragraph (

a) of this subsection, and

(

c) impose pre-conditions or conditions of an authorization that the minister considers necessary or desirable, to be met by the person, including, but not limited to, requiring that the person provide security.

(2) If the minister requires security under subsection (1) (c), the minister may specify

(

a) when the security must be paid,

(

b) the amount of security that is required,

(

c) the form of the security, and

(

d) the circumstances under which the security may be realized.

(3) A person who obtains an authorization under

section 52 (1) (

b) must comply with any conditions of the authorization.

(4) The minister may revoke or vary an authorization under

section 52 (1) (b).

SECTION 84: [Forest and Range Practices Act,

section 57] allows the minister to specify

requirements for security provided, consistent with

section 51 of the Act and

with

section 52.1 of the Act, as added by this Bill.

Section 57 is amended by adding the following subsection:

(2.1) If the minister requires security under subsection (2), the minister may specify

(

a) when the security must be paid,

(

b) the amount of security that is required,

(

c) the form of the security, and

(

d) the circumstances under which the security may be realized.

SECTION 85: [Forest and Range Practices Act,

section 74]

(

a) clarifies that the minister determines a contravention under

section 74 of the Act in accordance with the procedure set out in

section 71 of the Act, and

(

b) is consequential to

section 74 (1) of the Act, as amended by this Bill, and allows the minister to carry out the work necessary to remedy a contravention caused by an applicable person, without giving the person a further opportunity to be heard.

Section 74 is amended

(

a) in subsection (1) by adding " under

section 71 " after " If the minister determines ", and

by repealing subsection (3) (

b) and substituting the following:

(

b) carry out the work; .

SECTION 86: [Forest and Range Practices Act,

section 77.1]

(

a) allows the minister to vary or suspend a forest practice or BC timber sales agreement if operating under the operational plan will continue or result in a potential unjustifiable infringement of an aboriginal right or title in the area,

(

b) and (

c) allows the minister to vary or suspend a BC timber sales agreement if operating under an exemption to have an operational plan will continue or result in a potential unjustifiable infringement of an aboriginal right or title in the area, and

(

d) is consequential to

section 120.1 of the Act, as added by this Bill.

Section 77.1 is amended

(

a) in subsection (1) by striking out " and " at the end of paragraph (a), by adding " , and " at the end of paragraph (

b) and by adding the following paragraph:

(

c) by order given to the holder of a BC timber sales agreement who is operating under the plan, may vary or suspend to the extent the minister considers necessary one or both of the following:

(

i) a forest practice;

(ii) a BC timber sales agreement. ,

(

b) by repealing subsection (2) (

a) and substituting the following:

(

a) must notify the following of the previously unavailable information:

(

i) the holder of the agreement;

(ii) the timber sales manager, if the agreement is a BC timber sales agreement, and ,

(

c) in subsection (2) (

b) by adding the following subparagraph:

(

v) a BC timber sales agreement. , and

(

d) in subsection (5) by striking out "

section 2 of this Act, " and substituting "

section 120.1 of this Act, ".

SECTION 87: [Forest and Range Practices Act,

section 87]

(

a) makes it an offence for a person, who is the subject of an order, exemption or condition under the Act, not to comply with the order, exemption or condition with liability for a fine of up to $1 000 000, imprisonment for up to 3 years, or both,

(

b) makes it an offence for a person, who is not carrying out a forest practice, range practice or other activity, to engage in any activity on Crown land that results in damage to the environment with liability for a fine of up to $100 000, imprisonment for up to 1 year, or both, and

(

c) makes it an offence to fail to comply with the conditions of an authorization, as required under

section 52.1 (3) of the Act, as added by this Bill, with liability for a fine of up to $100 000, imprisonment for not more than one year, or both.

Section 87 is amended

(

a) in subsection (1) by striking out "

section 46 (1) or 52 (1) or (3), " and substituting "

section 46 (1), 52 (1) or (3) or 112 (3) ",

(

b) in subsection (3) (

a) by striking out " 45 (1) or (2), 47, " and substituting " 45 (1) or (2), 46 (1.1), 47, ", and

(

c) in subsection (3) (

a) by striking out " 51 (1), (2) or (6), " and substituting " 51 (1), (2) or (6), 52.1 (3), ".

SECTION 88: [Forest and Range Practices Act,

section 114] is consequential to

section 120.1 of the Act, as added by this Bill.

Section 114 is repealed and the following substituted:

Evidence of designation

114 A document purporting to have been issued by a minister referred to in the definition of "official" in

section 1, certifying that the minister has designated a person as an official under this Act, is admissible as evidence of the designation without proof of the signature or official character of the minister purporting to have signed the document.

SECTION 89: [Forest and Range Practices Act, Division 3 of

Part 7]

allows the applicable ministers to delegate a power or duty of that minister under this Act to any of the persons listed, subject to a regulation of the Lieutenant Governor in Council setting out certain powers and duties that must not be delegated;

allows the applicable ministers who are authorized by a regulation of the Lieutenant Governor in Council to exercise a power or duty under certain provisions of the Act to delegate that power or duty only to the persons listed;

provides that the Act and the regulations and standards apply to the delegate as if the delegate were the minister who made the delegation;

allows the minister delegating a power or duty to provide directions that are binding on the delegate and to vary or revoke a delegation or direction;

allows an applicable delegate, except in circumstances prescribed by the Lieutenant Governor in Council, to subdelegate the power or duty to the persons listed;

provides that a document purporting to have been issued by an applicable minister certifying that the minister has made a delegation is admissible as evidence of the delegation without proof of the signature or official character of the minister.

89 The following Division is added to

Part 7:

Division 3 – Delegation

Delegation power

120.1

(1) Subject to a regulation made under

section 141 (3) (b), each of the ministers responsible, respectively, for this Act,

Part 7.1 of the Land Act and the Wildlife Act , in writing, may delegate a power or duty of that minister under this Act, including a quasi-judicial power or duty, to

(

a) a person employed in a ministry,

(

b) a class of persons employed in a ministry, or

(

c) an agent of the Crown.

(2) Despite subsection (1), a minister authorized by a regulation of the Lieutenant Governor in Council under

section 149.1 (1) (a), 150 (1) (a), 150.1 (1), 150.2 (1) (

a) or (b), 150.3 (1) (

a) or (b), 150.5 (e), 154 (2) (

a) or 157 (2) (

d) to exercise a power or perform a duty may delegate that power or duty only to

(

a) a person employed in a ministry, or

(

b) a class of persons employed in a ministry.

(3) In respect of a power or duty delegated under this section, this Act and the regulations and standards apply to the delegate as if the delegate were the minister who made the delegation.

(4) A minister referred to in subsection (1) or (2) may

(

a) provide directions that are binding on the delegate respecting the exercise of the power or the performance of the duty, and

(

b) vary or revoke a delegation or direction.

Subdelegation

120.2

(1) Except in prescribed circumstances, a delegate under

section 120.1 (1) may subdelegate the power or duty to

(

a) a person employed in a ministry,

(

b) a class of persons employed in a ministry, or

(

c) an agent of the Crown.

(2) Except in prescribed circumstances, a delegate under

section 120.1 (2) may subdelegate the power or duty to

(

a) a person employed in a ministry, or

(

b) a class of persons employed in a ministry.

Evidence of delegation

120.3 A document purporting to have been issued by a minister referred to in

section 120.1 (1) or (2), certifying that the minister has made a delegation under this Act, is admissible as evidence of the delegation without proof of the signature or official character of the minister purporting to have signed the document.

SECTION 90: [Forest and Range Practices Act,

section 141] provides for the Lieutenant

Governor in Council to make regulations specifying the powers and duties of

the minister that must not be delegated, for the purposes of

section 120.1 (1) of

the Act, as added by this Bill.

Section 141 (3) is repealed and the following substituted:

(3) Without limiting subsections (1) and (2), the Lieutenant Governor in Council may make regulations as follows:

(

a) defining a word or expression used but not defined in this Act;

(

b) for the purposes of

section 120.1 (1), specifying which powers and duties of a minister under this Act must not be delegated.

Forestry Revitalization Act

SECTION 91: [Forestry Revitalization Act,

section 6] removes the requirement for the value

of improvements, to which the holder of an applicable licence is entitled as

compensation, to be determined under the regulations.

Section 6 (4) of the Forestry Revitalization Act, S.B.C. 2003, c. 17, is amended by striking out " equal to the value, determined under the regulations, of improvements " and substituting " equal to the value of improvements ".

Forests Statutes Amendment Act, 1999

SECTION 92: [Forests Statutes Amendment Act, 1999,

section 7] repeals not-in-force

amendments to

section 81 of the Forest Act , consequential to

section 81 of that

Act as amended by this Bill.

Section 7 (

b) and (

d) of the Forests Statutes Amendment Act, 1999, S.B.C. 1999, c. 34, is repealed.

Forests Statutes Amendment Act, 2002

SECTION 93: [Forests Statutes Amendment Act, 2002,

section 4] repeals a not-in-force,

redundant enactment of

section 58.1 of the Forest Act , which is already in

force and amended by this Bill.

Section 4 of the Forests Statutes Amendment Act, 2002, S.B.C. 2002, c. 45, is repealed.

Range Act

SECTION 94: [Range Act,

section 1]

(

a) and (

b) clarifies that the minister may delegate in writing any power or duty under the Act to any of the persons listed, subject to a regulation of the Lieutenant Governor in Council setting out certain powers and duties that must not be delegated, and

(

c) and (

d) removes an agent of the government as a person to whom a power or duty under the Act may be delegated or subdelegated.

Section 1 of the Range Act, S.B.C. 2004, c. 71, is amended

(

a) in subsection (2) by striking out " The minister in writing may " and substituting " Subject to a regulation made under

section 79 (2) (a.1), the minister, in writing, may ",

(

b) in subsection (2) (

a) by striking out " but not including a prescribed power or duty, ",

(

c) in subsection (2) (

a) by adding " or " at the end of subparagraph (i), by striking out " or " at the end of subparagraph (ii) and by repealing subparagraph (iii), and

(

d) in subsection (3) by adding " or " at the end of paragraph (a), by striking out " or " at the end of paragraph (

b) and by repealing paragraph (c).

SECTION 95: [Range Act,

section 79] provides for the Lieutenant Governor in Council to

make regulations specifying the powers and duties of the minister that must

not be delegated, for the purposes of

section 1 (2) (

a) of the Act, as amended

by this Bill.

Section 79 (2) is amended by adding the following paragraph:

(a.1) for the purposes of

section 1 (2) (a), specifying which powers and duties of the minister under this Act must not be delegated; .

Wildfire Act

SECTION 96: [Wildfire Act,

section 1] adds a definition of "free growing stand" for the purposes

of sections 25 and 27 of the Act, as amended by this Bill.

Section 1 of the Wildfire Act, S.B.C. 2004, c. 31, is amended by adding the following definition:

"free growing stand" has the same meaning as in the Forest and Range Practices Act ; .

SECTION 97: [Wildfire Act,

section 25] allows the minister to require a person

listed, who caused or contributed to a fire or the spread of a fire, to cover the

government's costs of re-establishing a free growing stand in the area and for

silviculture treatments that were rendered ineffective because of the fire.

Section 25 is amended

(

a) in subsection (1) by striking out " and " at the end of paragraph (a), by adding " , and " at the end of paragraph (

b) and by adding the following paragraph:

(

c) determine the costs

(

i) that have been or will be incurred by the government in re-establishing a free growing stand as a direct or indirect result of the fire, and

(ii) that have been incurred by the government for silviculture treatments that were rendered ineffective as a direct or indirect result of the fire. , and

(

b) in subsection (2) by adding " and the costs determined under subsection (1) (c) " after " amounts determined under subsection (1) (

a) and (b) ".

SECTION 98: [Wildfire Act,

section 27] allows the minister to recover from a person, who

contravened a provision of the Act or the regulations and caused a fire on

Crown land or private land, the government's costs of re-establishing a free

growing stand in the area and for silviculture treatments that were rendered

ineffective because of the fire.

Section 27 is amended

(

a) in subsection (1) by striking out " and " at the end of paragraph (

c) and by adding the following paragraph:

(c.1) may determine the costs

(

i) that have been or will be incurred by the government in re-establishing a free growing stand as a direct or indirect result of the contravention, and

(ii) that have been incurred by the government for silviculture treatments that were rendered ineffective as a direct or indirect result of the contravention, and ,

(

b) in subsection (1) (

d) by adding " and the costs determined under paragraph (c.1) " after " amounts determined under paragraphs (

b) and (c) ", and

(

c) in subsection (2) by striking out " and " at the end of paragraph (

d) and by adding the following paragraph:

(d.1) any costs determined under subsection (1) (c.1), itemized particulars of those costs and the person's liability under

section 130 of the Forest Act to pay those costs, and .

SECTION 99: [Wildfire Act,

section 28] allows the minister to order a person, who has not

complied with a previous order of the minister to do work, at the person's own

expense, that is reasonably necessary to repair the damage caused by a contravention,

to carry out the work without a further opportunity to be heard.

Section 28 (3) (

b) is repealed and the following substituted:

(

b) carry out the work; .

SECTION 100: [Wildfire Act,

section 52] repeals the

section of the Act which provides that

nothing in the Act or the regulations interferes with a person's right to commence

or maintain a proceeding for damages caused by fire.

Section 52 is repealed.

SECTION 101: [Wildfire Act,

section 58] clarifies that the minister may delegate in writing

any power or duty under the Act to any of the persons listed, subject to a regulation

of the Lieutenant Governor in Council setting out certain powers and

duties that must not be delegated.

Section 58 is amended

(

a) in subsection (1) by striking out " The minister, in writing, may " and substituting " Subject to a regulation made under

section 69 (2) (b), the minister, in writing, may ", and

(

b) in subsection (1) (

a) by striking out " but not including a prescribed power or duty ".

SECTION 102: [Wildfire Act,

section 69] provides for the Lieutenant Governor in Council to make regulations specifying the powers and duties of the minister that must not be delegated, for the purposes of

section 58 (1) (

a) of the Act, as amended by this Bill.

Section 69 (2) is repealed and the following substituted:

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(

a) defining a word or expression used but not defined in this Act;

(

b) for the purposes of

section 58 (1) (a), specifying which powers and duties of the minister under this Act must not be delegated.

Commencement

103 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item

Column 1

Provisions of Act

Column 2

Commencement

Anything not elsewhere covered by this table

The date of Royal Assent

Section 1

By regulation of the Lieutenant Governor in Council

Section 4

By regulation of the Lieutenant Governor in Council

Section 7

By regulation of the Lieutenant Governor in Council

Section 9

By regulation of the Lieutenant Governor in Council

Sections 11 to 13

By regulation of the Lieutenant Governor in Council

Sections 15 to 17

By regulation of the Lieutenant Governor in Council

Section 22

By regulation of the Lieutenant Governor in Council

Section 26

By regulation of the Lieutenant Governor in Council

Sections 34 to 36

By regulation of the Lieutenant Governor in Council

Section 42

By regulation of the Lieutenant Governor in Council

Section 47

By regulation of the Lieutenant Governor in Council

Section 49

By regulation of the Lieutenant Governor in Council

Section 51

By regulation of the Lieutenant Governor in Council

Section 66

By regulation of the Lieutenant Governor in Council

Section 73

By regulation of the Lieutenant Governor in Council

Section 80

By regulation of the Lieutenant Governor in Council

Explanatory Notes

Forest Act

SECTION 1: [Forest Act,

section 1] adds a definition of "allowable annual cut available".

SECTION 2: [Forest Act,

section 1]

(

a) updates a cross reference, and

(

b) is consequential to the approval process of management plans under

section 35.2 of the Act, as added by this Bill.

SECTION 3: [Forest Act,

section 1.1]

allows the minister to

delegate in writing any power or duty of the minister under the Act to any of the persons listed, subject to a regulation of the Lieutenant Governor in Council setting out the powers and duties that must not be delegated,

provide directions that are binding on the delegate respecting the exercise of the power or duty, and

vary or revoke a delegation or direction;

provides that the Act and regulations apply to the delegate as they apply to the minister;

allows the delegate, if not prohibited by a direction of the minister, to subdelegate the power or duty to any of the persons listed.

SECTION 4: [Forest Act,

section 8.1] provides that, in the circumstances listed, the allowable

annual cut for Crown land in certain timber supply areas and for a tree

farm licence area is adjusted as prescribed in the regulations, and the adjustment

is effective until the next allowable annual cut determination is made

under

section 8 of the Act.

SECTION 5: [Forest Act,

section 13] allows the minister to specify that applications for a

non-replaceable forest licence must be accepted only for one or more categories

of applicants as established by regulation.

SECTION 6: [Forest Act, sections 14, 15, 30, 35, 36, 41, 45, 46, 49 and 50] adds a reference

in an applicable licence, agreement or permit to be consistent with that Act and

its regulations, and simplifies the language.

SECTION 7: [Forest Act,

section 15]

(

a) extends the period of time in respect of which the minister or a person authorized by the minister may offer the holder of a forest licence a replacement for the licence to a period beginning 6 months after the fourth anniversary of the licence and ending on its ninth anniversary, but shortens the notice period of the intent to offer the replacement from 6 months to 2 months,

(

b) corrects a cross reference,

(

c) changes the beginning of the term of a forest licence offered to be replaced under

section 15 (1.1) of the Act to the earlier of the next anniversary of the existing licence and its immediate past anniversary, if the parties agree in writing, and under

section 15 (1.2) of the Act to the tenth anniversary of the existing licence, and

(

d) requires a notice of an offer to replace a forest licence under

section 15 (1.1) or (1.2) of the Act to be published as prescribed by the Lieutenant Governor in Council.

SECTION 8: [Forest Act, sections 15, 36 and 46] adds a reference to the Wildfire Act to

allow the authorized person to decline to offer a replacement for an applicable

licence if the holder of the licence has failed to comply with a requirement of

that Act and its regulations, and simplifies the language.

SECTION 9: [Forest Act,

section 16] clarifies that, after the surrender of a tree farm

licence, the minister must not enter into a new tree farm licence until a management

plan is approved under

section 35.2 of the Act, as added by this Bill.

SECTION 10: [Forest Act, sections 22, 43.8 and 47.7] adds a reference to the Forest and

that are included in an applicable licence to be consistent with those Acts, and

any standards or regulations made under those Acts, and simplifies the language.

SECTION 11: [Forest Act,

section 30] clarifies that timber under a timber licence in a tree

farm licence area must be harvested in accordance with a management plan

approved under

section 35.2 of the Act, as added by this Bill.

SECTION 12: [Forest Act,

section 33] clarifies that the minister must not enter into a tree

farm licence until a management plan is approved under

section 35.2 of the

Act, as added by this Bill.

SECTION 13: [Forest Act,

section 35]

(

a) removes the requirements for the approval and content of management plans for tree farm licences, consequential to

section 35.2 of the Act, as added by this Bill, and

(

b) is consequential to the new definition of "allowable annual cut available", as added by this Bill, and clarifies that the holder of a tree farm licence may be issued cutting permits to harvest the allowable annual cut available, as defined.

SECTION 14: [Forest Act,

section 35] removes the requirement that timber on a tree farm

licence area is to be available for disposition under a forest licence to persons

other than the holder of the tree farm licence in an amount determined by the

minister.

SECTION 15: [Forest Act,

section 35.2]

provides for the approval, effective period, replacement and extension of a management plan for a tree farm licence;

provides that a tree farm licence holder must comply with a management plan approved under the section;

provides that the requirements respecting the content of a management plan in a tree farm licence do not apply to a management plan approved under

section 35.2 (1) of the Act;

provides that a management plan that is in effect before this

section comes into force is deemed to be approved under

section 35.2 (1) of the Act but must comply with the requirements in the licence respecting management plans until it is replaced under

section 35.2 (2) of the Act.

SECTION 16: [Forest Act,

section 36]

(

a) extends the period of time in respect of which the minister may offer the holder of a tree farm licence a replacement for the licence to a period beginning 6 months after the fourth anniversary of the licence and ending on its ninth anniversary, but shortens the notice period of the intent to offer the replacement from 6 months to 2 months,

(

b) corrects a cross reference,

(

c) changes the beginning of the terms of a tree farm licence offered to be replaced under

section 36 (1.1) of the Act to the earlier of the next anniversary of the existing licence and its immediate past anniversary, if the parties agree in writing, and under

section 36 (1.2) of the Act to the tenth anniversary of the existing licence, and

(

d) requires a notice of an offer to replace a tree farm licence under

section 36 (1.1) or (1.2) of the Act to be published as prescribed by the Lieutenant Governor in Council.

SECTION 17: [Forest Act,

section 39]

removes the requirement to specify the allowable annual cut that will apply to areas covered by tree farm licences that are consolidated or subdivided, consequential to

section 8.1 of the Act, as added by this Bill;

clarifies that, after a consolidation or subdivision of tree farm licences, the allowable annual cut must remain the same as it was before the consolidation or subdivision.

SECTION 18: [Forest Act,

section 43.1] is consequential to

section 43.51 of the Act, as

amended by this Bill.

SECTION 19: [Forest Act, sections 43.3 and 43.4] adds a reference to the Wildfire Act to

be consistent with that Act and its regulations, and simplifies the language.

SECTION 20: [Forest Act,

section 43.51] allows the regional manager or district manager to

do the following:

enter into a probationary community forest agreement without being directed by the minister;

extend the term of a probationary community forest agreement or increase the area covered by an agreement, if the holder of the agreement consents and if the extension or the increase furthers an objective set out in

section 43.51 (1) (

a) of the Act.

SECTION 21: [Forest Act,

section 43.6] applies the definition of "qualifying timber" to

section

47.3 of the Act, as added by this Bill.

SECTION 22: [Forest Act, sections 44 and 46.1] removes the restrictions on a woodlot

licence holder to own or lease a timber processing facility in British Columbia.

SECTION 23: [Forest Act,

section 45] adds a reference to the Forest Practices Code of British

are included in a woodlot licence to be consistent with those Acts and their

regulations, and simplifies the language.

SECTION 24: [Forest Act,

section 47.3] allows the regional manager or district manager to

do the following:

enter into a forest licence, community salvage licence, woodlot licence or forestry licence to cut with a first nation or representative of a first nation to fulfill an objective set out in

section 47.3 (1) (

a) or (

b) of the Act;

extend the term of the licence or, depending on the type of licence, increase the allowable annual cut, the maximum harvestable volume, the maximum volume of qualifying timber or the area covered by the licence, if the holder of the licence consents and if the extension or the increase furthers an objective set out in

section 47.3 (1) (

a) of the Act.

SECTION 26: [Forest Act,

section 47.8] is consequential to the new definition of "allowable

annual cut available", as added by this Bill, and clarifies that the minister may

make available for disposition, to persons other than the holder of the tree farm

licence, portions of the allowable annual cut available, as defined.

SECTION 27: [Forest Act,

section 47.8] allows the minister to make available for disposition

to a person, other than the holder of a forestry licence to cut, the portion of

Crown timber on Crown land that is subject to a forestry licence to cut related

to BC timber sales and that was reduced under the Forestry Revitalization Act

or in respect of which an attribution was made by order of the minister under

that Act.

SECTION 28: [Forest Act,

section 49] provides a discretion, rather than a requirement, to

SECTION 29: [Forest Act,

section 52]

SECTION 30: [Forest Act,

section 54.2] provides that, if an agreement is disposed under

section

54 of the Act, the person who disposes of the agreement and the person

who acquires it must confirm the completion of the disposition in writing to

the minister within 7 days.

SECTION 31: [Forest Act,

section 54.7] clarifies that the disposition relates to private land

or an interest in private land.

SECTION 32: [Forest Act,

section 58.1]

(

a) clarifies that certain timber sale licences and cutting permits that were entered into on or after November 4, 2003 may be extended under

section 58.1 of the Act, as amended by this Bill,

(

b) and (

c) is consequential to

section 58.1 (5.1) of the Act, as added by this Bill,

(

d) provides a formula for calculating the fee payable to the government by the holder of a timber sale licence who is applying to extend the term of the licence but who harvested timber under the licence before applying for the extension, and

(

e) clarifies that certain timber sale licences and cutting permits that were entered into on or after November 4, 2003 may be extended under

section 58.1 of the Act, as amended by this Bill.

SECTION 33: [Forest Act,

section 58.2] is consequential to

section 58.1 of the Act, as

amended by this Bill, and clarifies

(

a) that the expiry date of a cutting permit issued before November 4, 2003 is March 31, 2007, despite any contrary information in the cutting permit or an agreement, and

(

b) that certain cutting permits entered into before November 4, 2003 may be extended under

section 58.2 of the Act.

SECTION 34: [Forest Act,

section 58.21]

allows the minister to postpone the operation of a cutting permit issued on or after November 4, 2003 for up to 2 years for a forest management reason specified in the regulations, and allows the minister to grant further extensions, each for a period of up to 2 years;

sets out the effective date of the postponement of cutting permits based on their date of issue and remaining term;

requires the holder of a postponed cutting permit to fulfill the obligations under the listed Acts, but not to exercise the rights under the permit during the period of postponement;

requires the minister to rescind the postponement of a cutting permit on application by the holder of the permit;

provides that, after a postponement is rescinded,

no further postponements may occur, and

the period of time remaining on the term of the cutting permit is the same as the time that remained on the term of the cutting permit when the permit was postponed.

SECTION 35: [Forest Act,

section 68] clarifies that a tree farm licence holder may sell

Crown timber on land within the tree farm licence area, or the minister may

delete land from a tree farm licence, if the land is not required to meet the

allowable annual cut as set out in a management plan approved under

section 35.2 of the Act, as added by this Bill.

SECTION 36: [Forest Act,

section 69] removes the references to a management plan being

approved under a tree farm licence, consequential to

section 35.2 of the Act, as

added by this Bill.

SECTION 37: [Forest Act,

section 69] removes the references to a management plan in relation

to a replaceable forest licence to correct an omission.

SECTION 38: [Forest Act,

section 72] increases from 500 m³ to 2 000 m³ the volume of

damaged timber or special forest products that may be harvested under a forestry

licence to cut.

SECTION 39: [Forest Act, sections 72 and 73] adds a reference to the Wildfire Act to allow

the harvesting of certain timber, but only if the harvesting will not prevent the

holder of the licence from fulfilling their obligations under that Act.

SECTION 40: [Forest Act,

section 75.22] provides that, if a forest licence is extended

beyond its original 5 year term, the cut control periods in

section 75.4 or 75.5

of the Act apply to that licence, depending on the volume of allowable annual

cut specified in the licence.

SECTION 41: [Forest Act,

section 75.4]

(

a) adds a woodlot licence with a term of more than 5 years to the definition of "licence" so the rules respecting cut control periods in

section 75.4 of the Act apply to these licences,

(

b) removes a timber sale licence with an allowable annual cut of greater than 10 000 m 3 and a term greater than 5 years from the definition of "licence" so the rules respecting cut control periods in

section 75.4 of the Act and cut control limits in

section 75.41 of the Act no longer apply to these licences,

(

c) clarifies that the first cut control period applies to licences as defined in

section 75.4 of the Act, excluding woodlot licences,

(

d) sets out the cut control periods for woodlot licences that are within the definition of "licence" in

section 75.4 of the Act as well as the process and effect of terminating a cut control period,

(

e) consequential to the definition of "licence" in

section 75.4 of the Act, as amended by this Bill, applies the rules respecting cut control periods and the volume of timber harvested for replaced licences to the replacement of a woodlot licence under

section 46 of the Act,

(

f) and (

g) clarifies that the termination of cut control periods in

section 75.4 (4) and (5) of the Act applies to licences as defined in

section 75.4 of the Act, excluding woodlot licences, and

(

h) provides that, if the holder of a woodlot licence that is within the definition of "licence" in

section 75.4 of the Act does not terminate the cut control period, then. immediately on the expiry of that cut control period, a new cut control period of 5 years begins.

SECTION 42: [Forest Act,

section 75.41] is consequential to the new definition of "allowable

annual cut available", and clarifies that the volume of timber harvested

during the cut control period of an applicable licence cannot exceed 110% of

the sum of the allowable annual cuts available, as defined, to the holder for

that period.

SECTION 43: [Forest Act,

section 75.41]

(

a) clarifies that cut control limits applying to licences as defined in

section 75.4 of the Act do not apply to woodlot licences within the definition of "licence" in

section 75.4 of the Act, as amended by this Bill,

(

b) removes the references to timber sale licences, consequential to the definition of "licence" in

section 75.4 of the Act, as amended by this Bill,

(

c) sets the cut control limit respecting a woodlot licence within the definition of "licence" in

section 75.4 of the Act, as amended by this Bill,

(

d) sets the limit for the final cut control period respecting a woodlot licence within the definition of "licence" in

section 75.4 of the Act, as amended by this Bill, despite the cut control limit in

section 75.41 (1.1) of the Act,

(

e) removes the references to timber sale licences, consequential to the definition of "licence" in

section 75.4 of the Act, as amended by this Bill, and

(

f) provides that compliance under

section 75.41 (3) of the Act respecting maximum harvestable volume prevails if there is an inconsistency with the volume limits specified in

section 75.41 (1.1) of the Act.

SECTION 44: [Forest Act,

section 75.5] is consequential to the inclusion of a woodlot

licence with a term of more than 5 years in the definition of "licence" under

section 75.4 of the Act, as amended by this Bill.

SECTION 45: [Forest Act,

section 75.51] is consequential to the inclusion of a woodlot

licence with a term of more than 5 years in the definition of "licence" under

section 75.4 of the Act, as amended by this Bill.

SECTION 46: [Forest Act,

section 75.6] is consequential to the inclusion of a woodlot

licence with a term of more than 5 years in the definition of "licence" under

section 75.4 of the Act, as amended by this Bill.

SECTION 47: [Forest Act,

section 75.7] is consequential to the new definition of "allowable

annual cut available", and clarifies that if the volume of timber harvested during

a cut control period for an applicable licence exceeds the sum of the allowable

annual cuts available, as defined, allowed for that period, the excess

volume of timber is included in the next cut control period.

SECTION 48: [Forest Act, sections 75.7 to 75.9 and 75.91] is consequential to the inclusion of a woodlot licence with a term of more than 5 years in the definition of "licence" under

section 75.4 of the Act, as amended by this Bill.

SECTION 49: [Forest Act,

section 75.8] is consequential to the new definition of "allowable

annual cut available", and clarifies that if the volume of timber harvested during

a cut control period for an applicable licence is less than the sum of the

allowable annual cuts available, as defined, allowed for that period, the unharvested

volume must not be harvested in a subsequent cut control period.

SECTION 50: [Forest Act,

section 75.8]

(

a) clarifies that the licence to cut is a forestry licence to cut, and

(

b) allows the unharvested timber referred to in

section 75.8 (1) of the Act to be disposed of to a person other than the holder of the applicable licence by means of a non-replaceable forest licence.

SECTION 51: [Forest Act,

section 75.92] eliminates unnecessary words.

SECTION 52: [Forest Act,

section 75.96] provides for the transition of current woodlot

licences, respecting cut control periods and timber harvested, to the rules

under

section 75.4 of the Act on the repeal by this Bill of

section 75.5 (3) of

the Act.

SECTION 53: [Forest Act,

section 76] adds a reference to the Forest Practices Code of British Columbia Act and the Wildfire Act to allow the suspension of an applicable agreement if the holder of the agreement has failed to comply with the requirements under those Acts, and simplifies the language.

SECTION 54: [Forest Act,

section 78] adds a reference to the Forest Practices Code of British

Columbia Act to allow certain actions to be taken against a person if the

person has not complied with that Act or its regulations.

SECTION 55: [Forest Act,

section 78.1] adds a reference to the Wildfire Act to allow the suspension

of an applicable agreement if the holder of the agreement has failed to

comply with that Act and its regulations, and simplifies the language.

SECTION 56: [Forest Act,

section 79] adds a reference to the Forest Practices Code of British

Columbia Act and the Wildfire Act to make the holder of an applicable

agreement liable for performing the obligations under those Acts despite the

expiry, surrender, suspension or cancellation of the agreement, and simplifies

the language.

SECTION 57: [Forest Act,

section 80] includes, as a circumstance in respect of which no

compensation is payable by the government, the refusal of a cutting permit or

road permit under

section 81.1 of the Act, as added by this Bill.

SECTION 58: [Forest Act,

section 81] adds a reference to the Forest Practices Code of British

Columbia Act and the Wildfire Act to allow the issuance of a cutting permit

to be refused if the holder of an applicable agreement has failed to comply

with the requirements under those Acts, and for the refusal to continue until

those requirements are complied with, and simplifies the language.

SECTION 59: [Forest Act,

section 81.1] provides that a person with discretion to issue a cutting

permit or road permit must not issue the permit if the minister determines

that issuing the permit would compromise the government's objectives as

specified by regulation of the Lieutenant Governor in Council.

SECTION 60: [Forest Act,

section 83]

(

a) provides that the rules under

section 83 (2) or (3) of the Act relating to the expiration of timber marks no longer apply to certificates in respect of private land that is subject to a tree farm licence, woodlot licence or community forest agreement, and

(

b) provides that a timber mark in respect of private land that is subject to a tree farm licence, woodlot licence or community forest agreement does not expire but is suspended or cancelled in particular circumstances, unless the private land is no longer subject to the licence but the owner of the land remains the same, in which case the timber mark expires on the fifth anniversary of the date the private land is no longer subject to the licence or agreement.

SECTION 61: [Forest Act,

section 87] updates a cross reference.

SECTION 62: [Forest Act,

section 118] adds a reference to the Wildfire Act to require any

with that Act and its regulations, and simplifies the language.

SECTION 63: [Forest Act,

section 119] adds a reference to the Wildfire Act to require any

with that Act and its regulations, and simplifies the language.

SECTION 64: [Forest Act,

section 121] adds a reference to the Wildfire Act , and any regulations

or standards made under any of the named Acts, to allow the minister to

take certain actions if the purpose of the action is consistent with that Act and

with any regulations or standards made under those Acts.

SECTION 65: [Forest Act,

section 130] adds a reference to the Forest Practices Code of

British Columbia Act and the Wildfire Act so that the government has certain

rights respecting, and so that certain rules apply to, money that is required to

be paid under permits issued under those Acts, and simplifies the language.

SECTION 66: [Forest Act,

section 151]

provides for the Lieutenant Governor in Council to make the following regulations:

specifying the criteria, circumstances, rules, methods or formulas to be used in relation to the reservations, deletions or reductions respecting a tree farm licence for the purpose of the definition of "allowable annual cut available";

authorizing the minister to enter into agreements with tree farm licence holders to offset all or part of a reduction under the Forestry Revitalization Act , or a reservation under this Act, with a deletion of Crown land from a tree farm licence area;

provides for the Lieutenant Governor in Council to prescribe the formulas or methods to be used to adjust the allowable annual cut in the circumstances listed in

section 8.1 of the Act, as added by this Bill, and to prescribe additional circumstances in respect of which the allowable annual cut is adjusted;

respecting the approval, replacement or extension of management plans;

specifying forest management reasons in respect of which the minister may postpone the operation of a cutting permit for the purposes of

section 58.21 of the Act, as added by this Bill;

provides that the Lieutenant Governor in Council may make different regulations for different management plans.

SECTION 67: [Forest Act,

section 151] provides for the Lieutenant Governor in Council to

make the following regulations:

specifying the powers and duties of the minister that must not be delegated, for the purposes of

section 1.1 of the Act, as added by this Bill;

establishing the categories of applicants who may apply for a non-replaceable forest licence, for the purposes of

section 13 of the Act, as amended by this Bill;

specifying government objectives for the purposes of

section 81.1 of the Act, as added by this bill.

SECTION 68: [Forest Act,

section 151.01] provides for the Lieutenant Governor in Council

to make regulations respecting the criteria that a person must use in exercising

a discretionary power under this Act.

SECTION 69: [Forest Act,

section 163] makes it an offence for the holder of an agreement

who is required to submit information to the government for the determination

of a stumpage rate to contravene this requirement, with liability for a fine of up

to $500 000, imprisonment for up to 2 years, or both.

SECTION 70: [Forest Act,

section 170] adds a reference to the Forest Practices Code of

British Columbia Act to allow the minister, in respect of a designated area, to

direct an authorized person not to issue an applicable permit, or to issue the

area, to require the authorized person to issue the permit.

SECTION 71: [Forest Act,

section 170]

(

a) includes a road use permit as one of the permits that, under

section 170 (2) of the Act, the minister may suspend, or direct an authorized person not to issue or to issue with conditions, if the road use permit relates to all or part of a designated area, and

(

b) clarifies that a management plan that is subject to

section 170 (2) of the Act is a management plan for a tree farm licence, pulpwood agreement or woodlot licence.

SECTION 72: [Forest Act,

section 174]

adds a reference to the Forest Practices Code of British Columbia Act and the Wildfire Act so that if an order made in accordance with

Part 13 of the Forest Act is inconsistent with those Acts, or any regulation or standard made under those Acts, the order made in accordance with

Part 13 of the Forest Act prevails;

simplifies the language.

Forest and Range Practices Act

SECTION 73: [Forest and Range Practices Act,

section 1] provides for the regulations to set

out the activities and the additional persons that fall within the

definitions of

"forest practice" and "range practice".

SECTION 74: [Forest and Range Practices Act,

section 1] corrects an omission.

SECTION 75: [Forest and Range Practices Act,

section 2] is consequential to

section 120.1

of the Act, as added by this Bill.

SECTION 76: [Forest and Range Practices Act,

section 13] corrects an omission.

SECTION 77: [Forest and Range Practices Act,

section 16]

(

a) is consequential to

section 16 (2.01) of the Act, as added by this Bill, and

(

b) allows the Lieutenant Governor in Council to require an applicable plan to immediately conform to some or all of the Act, its regulations and standards, and government objectives, despite

section 16 (2) of the Act.

SECTION 78: [Forest and Range Practices Act,

section 22.1] includes a forestry licence to

cut as a licence under which a person can be exempted from the requirement

not to use a road for timber harvesting or tree planting.

SECTION 79: [Forest and Range Practices Act,

section 37]

respecting

section 37 (2) of the Act,

is consequential to

section 37 (2.1) of the Act, as added by this Bill, and

creates consistency of language with

section 16 (2) of the Act;

respecting

section 37 (2.1) of the Act, allows the Lieutenant Governor in Council to require an applicable plan to immediately conform to some or all of the Act, its regulations and standards, and government objectives, despite

section 37 (2) of the Act.

SECTION 80: [Forest and Range Practices Act,

section 46]

(

a) is consequential to

section 46 (1.1) of the Act, as added by this Bill, and removes, as one of the exemptions to the prohibition of damaging the environment while carrying out a forest practice, range practice or other activity, the carrying out of a controlled burn for t