Forest Act

1198514681/96157/tlc96157_f

E4tlc96157

Definitions and

Interpretation

Definitions and

interpretation

In this Act:

affiliate means a corporation that is affiliated with another corporation within the meaning of

section 1.3 (3);

allowable annual cut means

in respect of a timber supply area or the licence area of an area-based licence, the rate of timber harvesting determined for the area under

section 8, as increased or reduced under this Act, and

in respect of an agreement entered into under this Act specifying an allowable annual cut, the rate of timber harvesting specified in the agreement, as increased or reduced under this Act;

allowable annual cut available means the following:

in relation to a tree farm licence, the portion of the allowable annual cut in respect of the 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 reservation referred to in

section 35 (1) (

h) or (n);

i.1

a reduction under

section 35 (1) (n.1);

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

section 39.1 respecting

a reservation under subparagraph (

i) of this paragraph, or

a reduction under subparagraph (iv) of this paragraph;

iii

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

a reduction under

section 3 (3) of the Forestry Revitalization Act ;

in relation to a community forest agreement, the portion of the allowable annual cut in respect of the community forest agreement area that is accessible by the holder of the community forest agreement after taking the following into account in accordance with the regulations:

a reservation referred to in

section 43.3 (1) (g.2);

i.1

a reduction under

section 43.3 (1) (g.3);

except for the purposes of

section 70, a reduction under that section;

in relation to a first nations woodland licence, the portion of the allowable annual cut in respect of the first nations woodland licence area that is accessible by the holder of the first nations woodland licence after taking the following into account in accordance with the regulations:

a reservation referred to in

section 43.55 (1) (h.1);

i.1

a reduction under

section 43.55 (1) (h.2);

except for the purposes of

section 70, a reduction under that section;

in relation to a forest licence, the portion of the allowable annual cut in respect of the forest licence that is available to the holder of the forest licence after taking the following into account in accordance with the regulations:

a reduction under

section 14 (1) (g.2);

except for the purposes of

section 70, a reduction under that section;

in relation to a woodlot licence, the portion of the allowable annual cut in respect of the woodlot licence area that is accessible by the holder of the woodlot licence after taking the following into account in accordance with the regulations:

a reduction under

section 45 (1) (f.2);

except for the purposes of

section 70, a reduction under that section;

area-based licence means the following:

a tree farm licence;

a community forest agreement;

a first nations woodland licence;

a woodlot licence;

BC timber sales agreement means

a licence, or

a permit

referred to in any of paragraphs (

b) to (f.1) of

section 109 (2);

BCTS means the BC Timber Sales program within the ministry;

BCTS licence means

a timber sale licence under

section 20, or

a forestry licence to cut under

section 47.6 (3);

bioenergy means energy derived from Crown timber;

bioenergy supply contract means an energy supply contract as defined in

section 68 of the Utilities Commission Act

under which bioenergy is sold to the British Columbia Hydro and Power Authority, and

that is designated by the minister under

section 13.2 (

a) as a bioenergy supply contract;

bonus bid means a bid

tendered in order to acquire the right to harvest timber under an agreement under this Act,

calculated on a dollar value per cubic metre of competitive species and forest products harvested and measured in compliance with the agreement, and

payable from time to time in accordance with the agreement;

bonus offer means an amount of money that is tendered in order to acquire the right to harvest timber under an agreement under this Act, irrespective of the volume and type of competitive species and forest products harvested under the agreement;

chief forester means the chief forester appointed under the Ministry of Forests and Range Act ;

commercial operation date means the date determined under a bioenergy supply contract as the commercial operation date;

commission has the same meaning as "Forest Appeals Commission";

commissioner means the person designated to be the commissioner under

section 142.11 (1);

community forest agreement area means the area of land subject to a community forest agreement;

contract logging authorization means an authorization issued under

section 51.1 (1);

control , in relation to a corporation, means control of the corporation within the meaning of

section 1.3 (2);

Crown land has the same meaning as in the Land Act , but does not include land owned by an agent of the government;

Crown timber means timber on Crown land, or timber reserved to the government;

cultural heritage resource means an object, a site or the location of a traditional societal practice that is of historical, cultural or archaeological significance to British Columbia, a community or an aboriginal people;

cutting permit area , in relation to a cutting permit or a proposed cutting permit, means the area of land to which the cutting permit applies or would apply, if issued;

district manager means a district manager appointed for a forest district under the Ministry of Forests and Range Act ;

dwelling means

a structure that is occupied as a private residence, and

if only part of a structure is occupied as a private residence, that part of the structure;

eligible bioenergy application means an application for a non-replaceable forest licence under

section 13.1 that

is made by an applicant

who is the seller of bioenergy under a bioenergy supply contract, and

whom the minister or a person authorized by the minister considers to be qualified to perform the obligations specified under

section 13.1 (2) (c),

conforms to

section 13.1 (2), and

is not refused under

section 81 (2);

first nations woodland licence area means the area of land subject to a first nations woodland licence;

Forest Appeals Commission means the Forest Appeals Commission continued under

section 140.1 of the Forest and Range Practices Act ;

forest landscape area means

a forest landscape area within the meaning of the Forest and Range Practices Act , or

an area of land that was formerly a forest landscape area within the meaning of that Act;

forest officer means a person employed in the ministry of the minister responsible for the administration of this Act who is designated by name or title to be a forest officer by the minister;

forest operations map means a forest operations map under

section 15.1 of the Forest and Range Practices Act ;

forest operations plan means a forest operations plan under the Forest and Range Practices Act ;

forest region means a forest region established by regulation;

forest service road means a road on Crown land that is declared under this Act or the former Act to be a forest service road;

forest stewardship plan means a forest stewardship plan under the Forest and Range Practices Act ;

former Act means the Ministry of Forests Act repealed by the Forest Act , S.B.C. 1978, c. 23;

government means the government of British Columbia;

holding corporation means a holding corporation within the meaning of

section 1.3 (5);

licence area means the following:

in relation to a tree farm licence, the tree farm licence area;

in relation to a community forest agreement, the community forest agreement area;

in relation to a first nations woodland licence, the first nations woodland licence area;

in relation to a woodlot licence, the woodlot licence area;

in relation to a timber licence, the area of land to which the timber licence applies;

licence to cut means

a master licence to cut,

an occupant licence to cut,

a forestry licence to cut, and

a fibre supply licence to cut;

major licence means

a timber sale licence that was issued under

section 23 (1) (

a) before its repeal,

a forest licence,

a timber licence,

a tree farm licence, and

a forestry licence to cut that

specifies that it is a major licence,

is issued to satisfy the obligations of the government under a pulpwood agreement, or

iii

is entered into under

section 47.3 (1) (a);

merchantable timber , for the purposes of sections 28, 30 (

c) and 74, means timber that

on January 1, 1975 was older than 75 years, and

is on an area of Crown land in quantities determined by the minister to be sufficient to be commercially valuable at the time when a timber cruise submitted under

section 74 is made;

objectives set by government means objectives set by government as defined in

section 1 (1) of the Forest and Range Practices Act ;

operational plan means an operational plan under the Forest Practices Code of British Columbia Act , before its repeal, or the Forest and Range Practices Act ;

Peace River Block means that rectangular block of land in the Peace River Land District of British Columbia with corners having these geographical values:

northeast corner, latitude 56º40'57.95", longitude 119º59'59.25";

southeast corner, latitude 55º38'09.04", longitude 119º59'59.76";

southwest corner, latitude 55º37'15.75", longitude 121º56'02.45";

northwest corner, latitude 56º40'01.66", longitude 121º59'13.18";

private land means land that is not Crown land;

private tenure means a timber licence, or private land, in a tree farm licence area;

professional forester means a professional forester as defined in the Professional Governance Act ;

Provincial forest means forest land designated under

section 5;

pulpwood agreement means a pulpwood agreement entered into before April 1, 2003 under

Part 3, Division 7;

pulpwood area means an area designated under

section 40 before its repeal;

regional manager means a regional manager appointed for a forest region under the Ministry of Forests and Range Act ;

related person , in relation to a corporation, means

a person who controls, or who is a member of a group of persons referred to in

section 1.3 (2) that controls, the corporation,

a person who controls, or who is a member of a group of persons referred to in

section 1.3 (2) that controls, a holding corporation whose subsidiary is the corporation, or

an affiliate of the corporation;

revenue minister means the Minister of Finance;

road use permit means a road use permit issued under

section 119.5, 119.6 or 120.1;

salvaged logs means salvaged logs as defined by regulation;

special forest products means forest products designated by regulation as special forest products;

special purpose area means an area of Crown land that is designated under Division 2 of

Part 15 as a special purpose area;

special use permit means a special use permit referred to in

section 2 of the Forest Practices Code of British Columbia Act ;

subsidiary means a subsidiary within the meaning of

section 1.3 (4);

supplemental forest licence means a forest licence referred to in

section 14.2 that includes the condition described in subsection (2) of that section;

timber means trees, whether standing, fallen, living, dead, limbed, bucked or peeled;

timber processing facility means a facility that processes timber or wood residue or both;

timber sales manager means

[Repealed 2006-13-1.]

a timber sales manager appointed under the Ministry of Forests and Range Act for a BC timber sales business area;

timber supply area means land designated as a timber supply area under

section 7;

tree farm licence area means the area of land subject to a tree farm licence;

wood residue means wood chips, slabs, edgings, sawdust, shavings and hog fuel;

woodlot licence area means the area of land subject to a woodlot licence.

woodlot licence plan means a woodlot licence plan under the Forest and Range Practices Act .

A reference in this Act to the minister or the minister's designate, or the minister or a person authorized by the minister, or any similar reference is not to be construed as meaning that a reference to the minister alone requires the minister to deal with the matter personally, and a reference to the minister alone is to be construed as a reference to the minister or any appropriate official of his or her ministry.

Despite the Expropriation Act , that Act does not apply, except as expressly provided in this Act, in respect of a taking, deletion or reduction, under this Act, of any right or interest held by a person under this Act or the former Act.

For the avoidance of doubt it is declared that the reference in subsection (3) to a taking, deletion or reduction includes a taking, deletion and reduction in respect of which notice was given before that subsection came into force.

For the purposes of this Act, unless the context otherwise indicates, a reference to a licence, agreement or permit listed in

section 12 is a reference to that licence, agreement or permit as entered into or granted under this Act.

Delegation of minister's powers and duties

1.1

Subject to a regulation made under

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

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

a person employed in a ministry,

a class of persons employed in a ministry, or

iii

an agent of the Crown,

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

vary or revoke a delegation or direction.

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.

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

a person employed in a ministry,

a class of persons employed in a ministry, or

an agent of the Crown.

Delegation of chief forester's powers and duties

1.2

The chief forester, in writing, may

delegate a power or duty of the chief forester under this Act to

a person employed in a ministry, or

a class of persons employed in a ministry,

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

vary or revoke a delegation or direction.

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 chief forester.

Corporate relations

1.3

In this section, effective director means an effective director as defined in the regulations.

For the purposes of this Act, a corporation is controlled by a person, or a group of persons not dealing with each other at arm's length, if

shares of the corporation are held, other than by way of security only, by or for the benefit of the person or group, as applicable, and

the votes carried by the shares referred to in paragraph (

a) are sufficient, if exercised and considered in the aggregate,

to elect or appoint 50% or more of the effective directors of the corporation, or

to otherwise effectively control the operations and direction of the corporation.

For the purposes of this Act, one corporation is affiliated with another corporation if any of the following apply:

one of the corporations is a subsidiary of the other;

both are subsidiaries of the same holding corporation;

both are controlled by the same person or group of persons;

one of the corporations is controlled by a person or group of persons and the other is a subsidiary of a holding corporation controlled by the same person or group of persons, as applicable;

one of the corporations is a subsidiary of a holding corporation controlled by a person or group of persons and the other is a subsidiary of a different holding corporation controlled by the same person or group of persons, as applicable.

For the purposes of this Act, a corporation is a subsidiary of another corporation if any of the following apply:

the corporation is controlled by the other corporation;

the corporation is controlled by a group made up of

the other corporation, and

one or more persons who are not at arm's length from the other corporation, including a corporation that is controlled by the other corporation or by a person who controls the other corporation;

the corporation is a subsidiary of a subsidiary of the other corporation.

For the purposes of this Act, a corporation is the holding corporation of a corporation that is its subsidiary.

Classification and Management of Forests and Forest Land and Regulation of Cutting Rates

Repealed

2-4

[Repealed 2002-45-2.]

Provincial forests

The Lieutenant Governor in Council may designate any forest land as a Provincial forest and may order that Provincial forests be consolidated or divided.

Notice of an order made under subsection (1) must be published in the Gazette.

All Crown land in a tree farm licence area is a Provincial forest and, if an amendment is made to the boundaries of a tree farm licence area, the boundaries of the Provincial forest are deemed to be amended accordingly.

Crown land in a Provincial forest must not be disposed of under the Taxation (Rural Area) Act or, subject to subsection (5), under the Land Act .

Crown land in a Provincial forest may be disposed of under the Land Act for

an easement or right of way, or

any other purpose that the chief forester considers is compatible with the uses described in

section 2 (1) of the Forest Practices Code of British Columbia Act or that is permitted by regulations made under that Act,

but, except for the purposes of a highway, transmission line, or pipeline right of way, a disposition must not be made of the fee simple interest in the land.

If the Lieutenant Governor in Council considers it will be to the social and economic benefit of British Columbia, he or she may cancel a Provincial forest, except for land in a tree farm licence area.

If the minister considers it will be to the social and economic benefit of British Columbia, he or she may delete land from a Provincial forest, except for land in a tree farm licence area.

If a Provincial forest that contains one or more wilderness areas is cancelled or land that composes one or more wilderness areas is deleted from the Provincial forest, those wilderness areas are reduced by the land that has been so deleted or cancelled.

Land that is deleted from a Provincial forest and is granted by the government, but later reverts to the government, is deemed to be included in the Provincial forest without further order of the Lieutenant Governor in Council.

Wilderness areas

The Lieutenant Governor in Council may designate any Crown land in a Provincial forest as a wilderness area, cancel such designation or amend the boundaries of a wilderness area.

Timber supply areas

The minister may

designate land as a timber supply area, and

order the consolidation, division or abolition of timber supply areas or order their boundaries changed.

Allowable annual cut

The chief forester must determine an allowable annual cut at least once every 10 years after the date of the last determination, for

the Crown land in each timber supply area, excluding the Crown land in the licence areas of area-based licences, and

each tree farm licence area.

If the minister

makes an order under

section 7 (

b) respecting a timber supply area, or

amends or enters into a tree farm licence to accomplish a result set out under

section 39 (2) or (3),

the chief forester must make an allowable annual cut determination under subsection (1) for the timber supply area or tree farm licence area

within 10 years after the order under paragraph (

a) or the amendment or entering into under paragraph (b), and

after the determination under paragraph (c), at least once every 10 years after the date of the last determination.

the allowable annual cut for the tree farm licence area is reduced under

section 9 (3), and

the chief forester subsequently determines, under subsection (1) of this section, the allowable annual cut for the tree farm licence area,

the chief forester must determine an allowable annual cut at least once every 10 years from the date the allowable annual cut under subsection (1) of this

section is effective under

section 9 (6).

3.1

If, in respect of the allowable annual cut for a timber supply area or tree farm licence area, the chief forester considers that the allowable annual cut that was determined under subsection (1) is not likely to be changed significantly with a new determination, then, despite subsections (1) to (3), the chief forester

by written order may postpone the next determination under subsection (1) to a date that is up to 15 years after the date of the relevant last determination, and

must give written reasons for the postponement.

3.2

If the chief forester, having made an order under subsection (3.1), considers that because of changed circumstances the allowable annual cut that was determined under subsection (1) for a timber supply area or tree farm licence area is likely to be changed significantly with a new determination, he or she

by written order may rescind the order made under subsection (3.1) and set an earlier date for the next determination under subsection (1), and

must give written reasons for setting the earlier date.

If the allowable annual cut for the tree farm licence area is reduced under

section 9 (3), the chief forester is not required to make the determination under subsection (1) of this

section at the times set out in subsection (1) or (2) (

c) or (d), but must make that determination within one year after the chief forester determines that the holder is in compliance with

section 9 (2).

In respect of an allowable annual cut determined under this Act, the chief forester may, at any time, specify that portions of the allowable annual cut are attributable to one or more of the following:

different types of timber or terrain in different parts of Crown land within a timber supply area or tree farm licence area;

a.1

different areas of Crown land within a timber supply area or tree farm licence area;

different types of timber or terrain in different parts of private land within a tree farm licence area.

[Repealed 1999-10-1.]

5.1

The chief forester may, at any time, amend or cancel a specification made under subsection (5).

The minister must determine an allowable annual cut for each woodlot licence area in accordance with the woodlot licence for that area.

The minister must determine an allowable annual cut for

each community forest agreement area in accordance with the community forest agreement for that area, and

each first nations woodland licence area in accordance with the first nations woodland licence for that area.

In determining an allowable annual cut under subsection (1) the chief forester, despite anything to the contrary in an agreement listed in

section 12, must consider

the rate of timber production that may be sustained on the area, taking into account

the composition of the forest and its expected rate of growth on the area,

the expected time that it will take the forest to become re-established on the area following denudation,

iii

silviculture treatments to be applied to the area,

the standard of timber utilization and the allowance for decay, waste and breakage expected to be applied with respect to timber harvesting on the area,

the constraints on the amount of timber produced from the area that reasonably can be expected by use of the area for purposes other than timber production, and

any other information that, in the chief forester's opinion, relates to the capability of the area to produce timber,

the short and long term implications to British Columbia of alternative rates of timber harvesting from the area,

[Repealed 2003-31-2.]

the economic and social objectives of the government, as expressed by the minister, for the area, for the general region and for British Columbia, and

abnormal infestations in and devastations of, and major salvage programs planned for, timber on the area.

Subsections (1) to (4) of this

section do not apply in respect of the management area, as defined in

section 1 (1) of the Haida Gwaii Reconciliation Act .

Within one year after the chief forester receives notice under

section 5 (4) (

a) of the Haida Gwaii Reconciliation Act , the chief forester must determine, in accordance with this section, the allowable annual cut for

the Crown land in each timber supply area, except the areas excluded under subsection (1) (

a) of this section, and

each tree farm licence area

in the management area, as defined in

section 1 (1) of the Haida Gwaii Reconciliation Act .

The aggregate of the allowable annual cuts determined under subsections (6), (7) and (10) that apply in the management area, as defined in

section 1 (1) of the Haida Gwaii Reconciliation Act , must not exceed the amount set out in a notice to the chief forester under

section 5 (4) (

a) of that Act.

Adjusting the allowable annual cut

8.1

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

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

if the minister makes an order under

section 7 (

b) respecting the timber supply area, or

in other prescribed circumstances;

for a tree farm licence area

if the minister replaces or amends the tree farm licence under

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

section 39 (6),

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

section 39.1, or

iii

in other prescribed circumstances.

[Repealed 2021-38-21.]

Plans, studies, analyses and information

The chief forester may require the holder of a tree farm licence, at the holder's expense, to

prepare and supply any plans, studies and analyses, and

obtain and supply any information,

that the chief forester considers adequate to assist in the determination of an allowable annual cut for the tree farm licence area.

The holder of the tree farm licence must

prepare and supply the plans, studies and analyses, and

obtain and supply the information,

required under subsection (1) and must do so at the time and in the form and manner required by the chief forester.

If the chief forester determines that the holder of a tree farm licence has failed to comply with subsection (2), the allowable annual cut for the tree farm licence area in effect at the time of the determination is reduced by 25% effective January 1 of the year following the year in which the determination is made.

If, on the first anniversary of a determination under subsection (3), the chief forester determines that the holder of the tree farm licence has not yet complied with subsection (2), the allowable annual cut in effect immediately before that determination is reduced by 25% effective January 1 of the year following the year in which that determination is made.

If a determination is made by the chief forester under subsection (4) and

subsequent to that determination but before the reduction becomes effective under that subsection, the chief forester determines that the holder has complied with subsection (2), the reduction that was due to come into effect is cancelled, and

after the reduction becomes effective under that subsection, the chief forester determines that the holder has complied with subsection (2), the allowable annual cut in effect immediately before the reduction is restored.

If the allowable annual cut for the tree farm licence area is reduced under subsection (3) or (4), the next allowable annual cut for the tree farm licence area determined by the chief forester under

section 8 (1), despite the reduction, is effective on the date the reduction took place under subsection (3).

Apportioning cut

The minister may specify that a portion of the allowable annual cut determined for the Crown land in a timber supply area under

section 8 (1) (

a) is available for granting under a form of agreement referred to in

section 12.

The minister if permitted to do so under a tree farm licence may make available for granting under Divisions 2, 3 and 7 of

Part 3, to persons other than the holder of the tree farm licence, portions of the allowable annual cut determined for the tree farm licence area that have been specified by the chief forester under

section 8 (5) (a).

Disposition of Timber by the Government

Forms of Rights to Crown Timber

Rights to Crown timber

Subject to the Land Act and the Park Act , rights to harvest Crown timber must not be granted by or on behalf of the government except in accordance with this Act and the regulations.

Form of agreements

The minister may enter on behalf of the government into an agreement granting rights to harvest Crown timber in the form of a

forest licence,

[Repealed 2004-36-4.]

timber licence,

tree farm licence,

community forest agreement,

e.1

first nations woodland licence,

[Repealed 2021-38-22.]

woodlot licence,

licence to cut,

free use permit,

Christmas tree permit,

j.1

cutting permit, or

road permit.

A timber sales manager may enter on behalf of the government into an agreement granting rights to harvest Crown timber in the form of a

timber sale licence,

forestry licence to cut, or

road permit.

Forest Licences

Applications

In this section, eligible application means an application made in response to an invitation for applications under subsection (2) that

is made by an applicant

who has tendered as required under subsection (2) (b),

whom the minister or a person authorized by the minister considers to be qualified to perform the obligations specified under subsection (3) (c), and

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),

conforms to subsection (3), and

is not refused under

section 81 (2).

On request or on the minister's own initiative and by advertising in the prescribed manner, the minister or a person authorized by the minister

may invite applications for a forest licence, and

in doing so, must require that the applicant by written tender in a sealed container propose only a bonus bid or only a bonus offer.

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.

An application for a forest licence must

be in the form required by the minister or a person authorized by the minister,

include an offer by the applicant to pay to the government, in addition to other amounts payable under this Act,

stumpage under

Part 7,

waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the forest licence, but, at the licensee's discretion, was not cut and removed, and

iii

either a bonus bid or bonus offer, whichever is required under subsection (2), in the amount tendered, and

include any information that the minister or a person authorized by the minister may require about the applicants' qualifications to

carry out timber harvesting operations under the licence, or

perform specified obligations

under the licence, or

in respect of the licence or its holder, under this Act or another enactment.

On receipt of applications and tenders in response to an invitation advertised under subsection (2), the minister or a person authorized by the minister

may approve the eligible application of the applicant whose proposed bonus bid or bonus offer is the highest of those tendered by all applicants with eligible applications, or

may decline to approve any of the eligible applications.

If the applicant referred to in subsection (4) does not enter into a forest licence as required under subsection (6), the minister or a person authorized by the minister

may approve the eligible application of the applicant whose proposed bonus bid or bonus offer is the next highest of those tendered by all applicants with eligible applications, or

may decline to approve any of the eligible applications.

If an eligible application is approved under this section, the minister and the applicant whose application is approved must enter into a forest licence.

Direct award of forest licence to produce bioenergy

13.1

[Repealed 2011-18-2.]

An application for a non-replaceable forest licence under this

section must

be in the form required by the minister or a person authorized by the minister,

specify an allowable annual cut for the forest licence that is considered by the minister to be consistent with the maximum allowable annual cut for a timber supply area specified by the minister under

section 13.2 (b), and

include any information that the minister or a person authorized by the minister may require about the applicant's qualifications to

carry out timber harvesting operations under the licence, or

perform specified obligations

under the licence, or

in respect of the licence or its holder, under this Act or another enactment.

On receipt of an eligible bioenergy application, the minister or a person authorized by the minister must approve the application.

Subject to subsection (4.1), if an eligible bioenergy application is approved under subsection (3), the minister and the applicant must, on or after the commercial operation date, enter into a non-replaceable forest licence.

4.1

The minister may refuse to enter into a non-replaceable forest licence with the applicant of an eligible bioenergy application approved under subsection (3) if, on the commercial operation date, one or more of the following circumstances exist:

the applicant, or a related person of the applicant, has not yet paid money required to be paid to the government in a circumstance set out in

section 130 (1.1) and the due date for paying the money has passed, regardless of whether payment arrangements satisfactory to the revenue minister have been made;

the applicant is not in compliance with a requirement under this Act or the Forest and Range Practices Act to provide security or a deposit;

the applicant holds another specified authorization or a replacement agreement, as those terms are defined in

section 81 (1), and

rights under the other specified authorization or replacement agreement, or a cutting permit issued for it, are under suspension, or

the applicant is not in compliance with a requirement referred to in

section 81 (2) (c) (ii) (

A) or (

B) in relation to the other specified authorization or replacement agreement.

4.2

If the circumstances referred to in subsection (4.1) cease to exist within 90 days after the commercial operation date, the minister and the applicant must enter into a non-replaceable forest licence.

An approval under subsection (3) of an eligible bioenergy application is revoked if either of the following applies:

the British Columbia Hydro and Power Authority or the applicant terminates the bioenergy supply contract before the commercial operation date;

the minister

has refused, in accordance with subsection (4.1), to enter into a non-replaceable forest licence with the applicant, and

is not required, under subsection (4.2), to enter into a non-replaceable forest licence with the applicant.

If the applicant refuses to enter into a forest licence under subsection (4) or

(4.2) the approval of the eligible bioenergy application under subsection (3) is revoked, and

the minister or a person authorized by the minister may increase the allowable annual cut specified in an existing forest licence entered into under this

section by the volume of the allowable annual cut that was to be specified in the forest licence the applicant refused to enter into under subsection (4) or (4.2).

In addition to setting out the matters described in

section 14 (1), a forest licence entered into under subsection (4) or

(4.2) must provide that timber harvested under the licence is restricted to a type of timber or terrain, or portion of a timber supply area, and

Designation of bioenergy supply contracts and specification of allowable annual cut

13.2

For the purposes of

section 13.1, the minister may

designate an energy supply contract as a bioenergy supply contract, and

specify the maximum allowable annual cut in a timber supply area that may be subject to one or more bioenergy supply contracts.

Content of forest licence

A forest licence

must be for a term not exceeding 20 years, subject to sections 15 and 16,

must specify a timber supply area or tree farm licence area in which the holder of the licence may harvest Crown timber,

b.1

may require, subject to subsection (2), that timber harvesting under the licence be restricted to one or more of the following:

a portion of a timber supply area;

a type of timber;

iii

a type of terrain,

must specify an allowable annual cut that may be harvested under the licence, subject to sections 15 and 16,

c.1

if it provides that a replacement for it must not be offered, must specify the maximum volume of timber that may be harvested under the licence,

must require its holder to pay to the government, in addition to other amounts payable under this Act,

stumpage under

Part 7,

waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the forest licence, but, at its holder's discretion, is not cut and removed, and

iii

a bonus bid or bonus offer, whichever is required under

section 13, in the amount tendered under that section,

[Repealed 2023-43-7.]

[Repealed 2003-30-2.]

may make provision for timber to be harvested by persons under contract with its holder,

g.1

that 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, must state that it is a condition of the licence that the first nation comply with the agreement,

g.2

may require that the amount of timber on Crown land under the forest licence that is available to the holder of the forest licence be reduced by a specified amount of timber for a specified period of time for the purpose of entering into one or more BCTS licences, respecting all or part of the specified amount of timber, with one or more persons other than the holder of the forest licence, and

A requirement described in subsection (1) (b.1) must not be included in the following:

a forest licence entered into before the date this subsection comes into force, unless

the forest licence already includes the requirement, or

the holder of the forest licence agrees to include the requirement;

a replacement for a replaceable forest licence, unless paragraph (a) (

i) or (ii) of this subsection applies in relation to the replaceable forest licence.

A requirement described in subsection (1) (g.2) must not be included in the following:

a forest licence entered into before the date this subsection comes into force, unless the holder of the forest licence agrees to include the requirement;

a replacement for a replaceable forest licence, unless

the forest licence already includes the requirement, or

the holder of the forest licence agrees to include the requirement;

a forest licence that replaces a tree farm licence or forest licence under

section 16, or that replaces or amends a forest licence under

section 19, unless

the tree farm licence or forest licence that is replaced or amended already includes the requirement, or

the holder of the forest licence that replaces a tree farm licence or forest licence, or that replaces or amends a forest licence, agrees to include the requirement.

Mountain pine beetle salvage area

14.1

The Lieutenant Governor in Council, by regulation, may

designate Crown land infested by mountain pine beetles as a mountain pine beetle salvage area for a prescribed period, and

repeal or amend a regulation under paragraph (a).

A forest licence that includes all or part of a mountain pine beetle salvage area, in addition to setting out the matters described in

section 14 (1), may

require any type of security, including but not limited to money, to be provided and maintained by the holder of the forest licence to ensure

within a specified period or according to a required

schedule of construction, or both, the construction or expansion of a timber processing facility that conforms to specified requirements, and

the reforestation of areas described in the licence by reference to one or more of geographic location, type of timber and type of terrain,

at a rate of reforestation, and

over a period

specified in the licence,

specify one or more of the following:

the type of security that is acceptable or unacceptable;

the form and content of the security;

iii

the circumstances under which the security may be realized;

respecting the distribution of the realized security,

provide that its holder may not harvest under the licence until the timber processing facility has been substantially completed to the satisfaction of the minister, and

[Repealed 2014-7-2.]

If a forest licence referred to in subsection

(2) requires security to be provided and maintained, as described in paragraph (

a) of that subsection, and

the holder of the licence has provided the security,

the minister by notice served on the holder may cancel the licence in the circumstances specified under paragraph (b) (iii) of that subsection.

Supplemental forest licence

14.2

In this section, restricted forest licence means a non-replaceable forest licence entered into under

section 13 (6) for which applications are invited, on or after July 1, 2011, from one or more categories of applicants established under

section 13 (2.1).

A restricted forest licence may specify that timber must not be harvested under the licence unless the minister is satisfied that the holder of the licence has taken steps specified in the licence to obtain from other sources the timber and wood residue needed for processing facilities owned or leased by the holder.

Replacement

0.1

In this section, Acts means this Act, the Forest and Range Practices Act and the Wildfire Act .

This

section does not apply to a forest licence that provides that a replacement for the licence must not be offered.

1.1

During the period beginning 6 months after the fourth anniversary of a forest licence and ending on the ninth anniversary, 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.

1.2

During the 6 months beginning on the ninth anniversary of a forest licence for which a replacement has not by then been offered under subsection (1.1), the minister must offer the holder of the forest licence a replacement for it.

Despite subsection (1.2), if one or more of the following circumstances exists in relation to an existing forest licence, the minister may decline to offer a replacement for the forest licence until the circumstances cease to exist:

rights under the forest licence, or under a cutting permit issued for the forest licence, are under suspension;

the holder, or a related person of the holder, has not yet paid one or more of the following amounts and the due date for paying the amount has passed, regardless of whether payment arrangements satisfactory to the revenue minister have been made:

stumpage or other amounts payable to the government in respect of timber harvested under the forest licence or a road permit associated with the forest licence;

an amount owing under an order made under Division 3 of

Part 6 of the Forest and Range Practices Act against the holder or related person;

the holder is not in compliance with a requirement under this Act or the Forest and Range Practices Act to provide security or a deposit in respect of

the forest licence,

a cutting permit issued for the forest licence, or

iii

a road permit associated with the forest licence;

the holder is not in compliance with

a requirement under the forest licence, a cutting permit issued for the forest licence or a road permit associated with the forest licence, or

a requirement under the Acts in respect of activities carried out under the cutting permit or road permit referred to in subparagraph (i).

2.1

The minister may, in a circumstance referred to in subsection (2), offer a replacement with special conditions.

A forest licence offered under this

section must

have a term beginning

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

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

the immediate past anniversary of the existing forest licence being replaced under the offer, if 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

if the minister exercises the power conferred under subsection (2), on a date to be determined by the minister,

be for a term equal to

15 years, or

if the minister exercises the power conferred under subsection (2), a period, not exceeding 15 years, to be determined by the minister,

specify the timber supply area specified in the existing forest licence,

subject to takings, reductions and deletions authorized or required under this Act, specify an allowable annual cut that may be harvested under it equal to the allowable annual cut under the existing forest licence, and

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.

An offer made under this

section may be

amended, and

accepted by written notice of acceptance served on a person designated by the minister not later than 3 months after the offer is served.

If an offer made under this

section is accepted

the forest licence then in force expires on the commencement of the replacement licence.

If an offer made under this

section is not accepted, the existing forest licence continues in force until its term expires, after which it has no further effect.

No forest licence is renewable.

Repealed

15.1

[Repealed 2023-43-10.]

Surrender of tree farm licence

The holder of one or more tree farm licences or of any number of both tree farm licences and forest licences may apply to the minister to surrender all or part of them for replacement under

subsection (2), by one or more forest licences, or

subsections (2) and (3), by a combination of one or more tree farm licences and one or more forest licences.

If the minister has approved an application under subsection (1), the minister, in respect of the surrendered licences or surrendered portions of them, must enter with their holder into one or more forest licences

for a term of 15 years,

that specify one or more timber supply areas within which the holder may harvest Crown timber, and

that, in total, specify an allowable annual cut equal to the total, or a lesser portion of the total that the minister and the holder agree on, of

the allowable annual cuts specified in the surrendered forest licences, plus increases and minus decreases, if any, in the allowable annual cuts made by the government since they were entered into, and

the portion of the allowable annual cuts available to the tree farm licence holder at the time of the surrender that the chief forester determines is attributable to the Crown land in the portions of the tree farm licences that are surrendered and on which the timber is not otherwise encumbered.

If part of a tree farm licence is surrendered under subsection (1), the minister, in respect of the portion that is not surrendered, must enter with the holder into a new tree farm licence.

The minister must not enter into a new tree farm licence under subsection (3) until a management plan for the proposed tree farm licence is approved under

section 35.2.

A notice of the surrender and proposed replacement under subsection (1) must be published in the prescribed manner.

[Repealed 2004-36-6.]

Repealed

[Repealed 2003-31-9.]

Transfer to other timber supply area

With the approval of the minister and the consent of the holder of a forest licence, all or part of the cutting rights authorized under the forest licence may be transferred from one timber supply area to another for a term specified by the minister.

Consolidation and subdivision of forest licences

[Repealed 2009-8-2.]

Subject to this section, the minister, by one or more of the methods set out in subsection (5), may

replace 2 or more forest licences held by the same person for the same timber supply area with one of those forest licences or a new forest licence held by that person for that timber supply area, or

amend a single forest licence held by a person for a timber supply area and enter into one or more forest licences held by that person for that timber supply area,

if the minister first receives the consent of the holder of the licences or licence.

Subject to this section, the minister, by a method or combination of methods under subsection (5), must

replace 2 or more forest licences held by the same person for the same timber supply area with one of those forest licences or a new forest licence held by that person for that timber supply area, or

amend a single forest licence held by a person for a timber supply area and enter into one or more forest licences held by that person for that timber supply area,

if the holder requests the replacement or amendment by written request delivered to the minister.

The minister may refuse to replace or amend, under subsection (3), one or more forest licences

if the minister considers that the replacement or amendment would compromise forest management, or

in the prescribed circumstances.

For the purposes of subsections (2) and (3), the methods are as follows:

reducing the allowable annual cut specified in a forest licence and increasing the allowable annual cut for one or more other forest licences by a volume equal to the reduction;

amending or cancelling a forest licence;

entering into one or more forest licences.

In making a replacement or amendment referred to in subsection (2) or (3), the minister must ensure that the total of the allowable annual cuts, after the replacements, amendments or both, of all of the forest licences involved remains the same as it was immediately before any replacements or amendments under this section.

A forest licence as described

in paragraph (

a) of the definition of "licence" in

section 75.4 (1), or

section 75.5

may not be replaced under subsection (2) or (3) except with a forest licence that is also a forest licence as described

in paragraph (

a) of the definition of "licence" in

section 75.4 (1), or

section 75.5.

A replaceable forest licence may not be replaced under subsection (2) or (3) except with a forest licence that is also replaceable.

A forest licence that provides that a replacement for the forest licence must not be offered may not be replaced under subsection (2) or (3) except with a forest licence that also provides that a replacement for it must not be offered.

Despite

section 14 (1) (a), a forest licence that is amended or entered into under this

section must not expire later than the earliest expiry date of the forest licence it replaces or amends.

Timber Sale Licences

Applications

In this section, eligible application means an application made in response to an invitation for applications under subsection (2) that

is made by an applicant who has tendered as required under subsection (2) (b),

conforms to subsection (3), and

is not refused under

section 81 (2).

On request or on his or her own initiative and by advertising in the prescribed manner, the timber sales manager

may, subject to

section 22.5, invite applications for a timber sale licence, and

in doing so,

may specify that applications for the timber sale licence are to be accepted only from one or more categories of BC timber sales enterprises as established by regulation, and

must require that the applicant by written tender in a sealed container propose only a bonus bid or only a bonus offer.

An application for a timber sale licence must

be in the form required by the timber sales manager, and

include an offer by the applicant to pay to the government, in addition to other amounts payable under this Act,

stumpage under

Part 7,

if the timber sale licence will describe one or more areas of land within which its holder may harvest Crown timber, waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the timber sale licence, but, at the licensee's discretion, is not cut and removed, and

iii

either a bonus bid or bonus offer, whichever is required under subsection (2), in the amount tendered.

On receipt of applications and tenders in response to an invitation advertised under subsection (2), the timber sales manager

must approve the eligible application of the applicant whose proposed bonus bid or bonus offer is the highest of those tendered by all applicants with eligible applications, or

at the direction of the minister, must decline to approve any of the eligible applications.

If the applicant referred to in subsection (4) does not enter into a timber sale licence as required under subsection (6), the timber sales manager

may approve the eligible application of the applicant whose proposed bonus bid or bonus offer is the next highest of those tendered by all applicants with eligible applications, or

may decline to approve any of the eligible applications.

Subject to

section 22.5, if an eligible application is approved under this section, the timber sales manager and the applicant whose application is approved must enter into a timber sale licence.

Repealed

[Repealed 2003-31-12.]

Content of timber sale licence

A timber sale licence

must be for a term not exceeding 4 years,

must describe

one or more areas of land within which its holder may harvest Crown timber, or

the location of logs that are being sold,

may specify a volume or an estimate of the volume of timber that may be harvested from an area of land described in the timber sale licence,

[Repealed 2004-36-9.]

[Repealed 2026-14-2.]

e.1

may specify when and how a bonus offer required under

section 20 must be paid and, if the bonus offer may be paid in instalments, the amount of each instalment,

must require its holder to pay to the government, in addition to other amounts payable under this Act,

stumpage under

Part 7,

if the timber sale licence describes one or more areas of land within which its holder may harvest Crown timber, waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the timber sale licence, but, at its holder's discretion, is not cut and removed,

iii

if a bonus bid is required under

section 20, a bonus bid in the amount tendered under that section, and

if a bonus offer is required under

section 20, a bonus offer in the amount tendered under that section, at the times and in the manner, if any, specified in the timber sale licence, unless the holder of the licence is exempt under

section 22.1 from the requirement to pay the bonus offer, and

may set requirements or restrictions that are more stringent than the requirements and restrictions that apply to the holder under this Act, the Forest and Range Practices Act , the Wildfire Act or any standards made under those Acts, and

may do any of the following:

specify standards and programs established by one or more standard making bodies;

require the holder of the licence to meet the standards and programs specified under subparagraph (i);

iii

specify the manner in which the holder of the licence must conduct operations under the licence in order to meet the standards and programs specified under subparagraph (i).

Exemption from requirement to pay bonus offer

22.1

The holder of a timber sale licence for which a bonus offer was tendered is not required to pay the bonus offer if the licence is surrendered or expires before any Crown timber is harvested under the timber sale licence.

[Repealed 2023-43-13.]

BCTS disposition agreements

22.2

In this

section and sections 22.3 and 22.4:

BCTS disposition agreement means a BCTS disposition agreement referred to in subsection (2);

non-BCTS licence means a forest licence, tree farm licence, community forest agreement, first nations woodland licence or woodlot licence.

The minister may enter into a BCTS disposition agreement on behalf of the government for the purposes of

allowing the holder of a non-BCTS licence to temporarily release to the government some of the holder's rights to harvest Crown timber under the non-BCTS licence, and

making the released rights available for disposition, to persons other than the holder of the non-BCTS licence, in the form of one or more BCTS licences.

The minister may not enter into a BCTS disposition agreement that would allow for the release of rights to harvest Crown timber under a non-BCTS licence if rights under the non-BCTS licence are under suspension under

section 76.

A BCTS disposition agreement

must describe the rights that the holder of the non-BCTS licence is releasing to the government, including identifying the non-BCTS licence under which those rights are held,

must specify the consideration to be provided by the government to the holder of the non-BCTS licence for the value of the rights released to the government,

may provide that the BCTS disposition agreement ends on a specified date, and

may provide for any other matter the minister considers necessary for the purposes of subsection (2).

The exclusive right to harvest Crown timber under a tree farm licence, community forest agreement, first nations woodland licence or woodlot licence is subject to the right to harvest Crown timber under a BCTS licence if

rights to harvest Crown timber under the tree farm licence, community forest agreement, first nations woodland licence or woodlot licence are released to the government under a BCTS disposition agreement, and

the BCTS licence is entered into or granted as a result of the release of rights referred to in paragraph (a).

Nothing under this section, or under a BCTS disposition agreement entered into under this section, limits the application of any of the following:

a reservation referred to in

section 35 (1) (

h) or (n), 43.3 (1) (g.2) or 43.55 (1) (h.1);

section 14 (1) (g.2), 35 (1) (n.1), 43.3 (1) (g.3), 43.55 (1) (h.2), 45 (1) (f.2), 47.9, 49.1, 61, 72, 73 or 75.8.

Volume harvested under BCTS licence deemed to be harvested under non-BCTS licence for cut control purposes

22.3

For the purposes of paragraph (

a) of the definition of "volume of timber harvested" in

section 75.1 (1) and the definition of "volume of timber harvested" in a licence referred to in

section 75.11 (1), if

rights to harvest Crown timber under a non-BCTS licence are released to the government under a BCTS disposition agreement, and

a BCTS licence is entered into or granted as a result of the release of rights referred to in paragraph (a),

the amount of timber that is merchantable Crown timber that is removed under the BCTS licence is deemed to be harvested under the non-BCTS licence.

Payment for timber respecting non-BCTS licence with reduction

22.4

In this section, reduced non-BCTS licence means a non-BCTS licence that includes a requirement referred to in

section 14 (1) (g.2), 35 (1) (n.1), 43.3 (1) (g.3), 43.55 (1) (h.2) or 45 (1) (f.2).

The minister, in accordance with the regulations, must pay to the holder of a reduced non-BCTS licence the amount determined in accordance with the regulations for the amount of timber that is disposed of under a BCTS licence.

Limitation on issuance of timber sale licences

22.5

A timber sales manager may not invite applications for a timber sale licence under

section 20 (2), or enter into a timber sale licence under

section 20 (6), if

the timber sale licence would grant rights to harvest Crown timber on land located inside a forest landscape area and either of the following applies:

the timber sales manager does not hold a forest operations plan, as required under the Forest and Range Practices Act , that applies to the land;

the location of the land is inconsistent with the approximate locations of proposed cutblocks shown in a forest operations plan held by the timber sales manager, or

the timber sale licence would grant rights to harvest Crown timber on land located outside a forest landscape area and the timber sales manager does not hold a forest stewardship plan, as required under the Forest and Range Practices Act , that applies to the land.

Repealed

23-24

[Repealed 2003-31-14.]

3.1

Conversion of Timber Sale Licences

Repealed

24.1-24.9

[Repealed 2023-10-284.]

No compensation

24.91

Compensation is not payable by the government and proceedings must not be commenced or maintained to claim compensation from the government or to obtain a declaration that compensation is payable by the government in respect of

the enactment of this Division, or

obligations, including silviculture and other forest management obligations imposed under the Forest Practices Code of British Columbia Act or the Forest and Range Practices Act , that apply to an agreement resulting from or entered into under any of sections 24.2 to 24.9 as those sections read immediately before their repeal.

Forest Licence Area Restriction

Permanent transfer to adjacent timber supply area

Subject to subsection (2), the minister may

direct that the right to harvest timber under a forest licence be transferred from one timber supply area to an adjacent timber supply area specified by the minister, and

amend the forest licence to give effect to the direction.

The minister must not give a direction under subsection (1) transferring the right to harvest timber under a forest licence from one timber supply area to an adjacent timber supply area, unless

the boundaries between the timber supply area specified in the forest licence and the adjacent timber supply area have been changed under this Act,

the minister is satisfied that the change in boundaries increased the area of the adjacent timber supply area to a size sufficient to support the transferred right to harvest timber, and

the holder of the forest licence consents.

Minister may impose area restrictions

In this section, original licence means a forest licence that is the subject of an order under subsection (2).

If a timber supply area has been divided under

section 7 (b), the minister may order that the allowable annual cut under a forest licence

be fully allocated to one of the timber supply areas resulting from the division, or

be allocated, in the proportions specified in the order, between or among 2 or more of the timber supply areas resulting from the division.

If an order is made under subsection (2), the minister, in accordance with subsection (4), must issue to the holder of the original licence one or more forest licences in substitution for the original licence.

A forest licence issued under subsection

(3) must specify one of the timber supply areas resulting from the division and authorize an allowable annual cut as necessary to give effect to the order of the minister under subsection (2),

[Repealed 2003-31-18.]

must specify a term that expires on the expiry date of the original licence,

6) to (8

[Repealed 2003-31-18.]

Timber Licences

Rights in tree farm licences

If a tree farm licence expires or otherwise terminates and is not replaced under

section 36, a timber licence that is then in the tree farm licence area

expires one year after the expiry or termination of the tree farm licence, and

may be replaced by a timber licence under

section 28.

Rights not in tree farm licence

A person who holds a timber licence that is due to expire under

section 27 (

a) may submit to a person designated by the minister, within 6 months after expiry or termination of the tree farm licence, a

schedule proposing a time and a sequence for the orderly harvesting of the merchantable timber that is subject to the licence.

After considering a

schedule proposed under subsection (1), the minister, in a notice served on its holder within 3 months after receiving the schedule, must offer to the holder one or more timber licences that, subject to

section 74,

describe the Crown land subject to the timber licence, and

expire on a date specified in the timber licence by the minister.

The offer may be accepted by written notice served on a person designated by the minister not later than 3 months after it is made.

If the offer is accepted, the minister and the holder must enter into a timber licence.

A notice of an offer made under subsection (3) must be published in the prescribed manner.

One timber licence

If the minister considers that efficient forest planning and management would be served, he or she must enter into one timber licence under

section 28 (4) for 2 or more timber licences.

Consolidation of timber licences

29.1

With the consent of the holder of a timber licence, the minister may consolidate 2 or more timber licences into a timber licence and, to achieve the consolidation, may do any of the following:

partition or subdivide a timber licence into 2 or more timber licences;

delete all or part of the licence area from a timber licence and add the deleted area to the licence area of another timber licence;

cancel a timber licence if the area covered by the licence has been added to the licence area in another timber licence;

amend a timber licence;

enter into one or more timber licences covering the same land as was covered in the licences being consolidated, subdivided or partitioned.

A timber licence that is amended or entered into under this

section must not expire later than the latest expiry date of the timber licences it replaces or amends.

Content of timber licence

A timber licence must

describe an area of Crown land over which it is to apply,

be for a term determined under this Division,

grant to its holder the exclusive right during its term to harvest all merchantable timber in the area of Crown land described in it,

if the timber licence is in a tree farm licence area, require its holder to harvest timber in accordance with the tree farm licence and the management plan for the tree farm licence approved under

section 35.2,

[Repealed 2023-43-15.]

require its holder to pay the government, in addition to other amounts payable under this Act,

stumpage under

Part 7, and

waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the timber licence, but at its holder's discretion, is not cut and removed, and

Extension of term of timber licence

On application of the holder of a timber licence, the minister may extend the term of the licence for a period not exceeding 3 years if the licence is in effect on April 26, 2004 and the application is made

before the expiration of the term, or

despite the expiration of the term, if the term expires on April 26, 2004 and before the elapse of 60 days after May 13, 2004.

Non-timber use

Unless a timber licence is in a tree farm licence area, if the minister determines that all or any part of the area of land that is subject to the licence is needed for a purpose other than timber production, the minister, in a notice served on the holder of the licence, may require that the merchantable timber on that area or that part be harvested within the time specified in the notice.

On the expiry of the specified time, or of an extension of that time granted by the minister, the minister may delete from the licence the area of land described in the notice.

Tree Farm Licences

Applications

In this section, eligible application means an application made in response to an invitation for applications under subsection (4) that

is made by an applicant

who has tendered as required under subsection (5) (b), and

whom the minister or a person authorized by the minister considers to be qualified to perform the obligations specified under subsection (5) (c),

conforms to subsection (5), and

is not refused under

section 81 (2).

On request or on the minister's own initiative, the minister or a person authorized by the minister may

convene a public hearing in which any person may make a submission as to whether or not a specified area should become a tree farm licence area, and

determine the procedures for the public hearing.

After a public hearing under subsection (2),

the minister must

review the submissions made during the hearing and any other information he or she considers relevant, and

recommend to the Lieutenant Governor in Council whether or not the specified area referred to in subsection (2) (

a) should become a tree farm licence area, and

on receiving the recommendation of the minister, the Lieutenant Governor in Council, by order, may

authorize the minister to invite applications for a tree farm licence for all or part of the specified area, or

decline to do so.

If the minister receives authorization under subsection (3) (b) (i), he or she, by advertising in the prescribed manner,

may invite applications for a tree farm licence, and

in doing so, must require that the applicant by written tender in a sealed container propose only a bonus bid or only a bonus offer.

An application for a tree farm licence must

be in the form specified by the minister,

include an offer by the applicant to pay to the government, in addition to other amounts payable under this Act,

stumpage under

Part 7,

waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the tree farm licence, but, at the licensee's discretion, is not cut and removed, and

iii

either a bonus bid or bonus offer, whichever is required under subsection (4), in the amount tendered, and

include any information that the minister or a person authorized by the minister may require about the applicants' qualifications to

carry out timber harvesting operations under the licence, or

perform specified obligations

under the licence, or

in respect of the licence or its holder, under this Act or another enactment.

On receipt of applications and tenders in response to an invitation advertised under subsection (4), the minister

may approve the eligible application of the applicant whose proposed bonus bid or bonus offer is the highest of those tendered by all applicants with eligible applications, or

may decline to approve any of the eligible applications.

If the applicant referred to in subsection (6) does not enter into a tree farm licence as required under subsection (8), the minister

may approve the eligible application of the applicant whose proposed bonus bid or bonus offer is the next highest of those tendered by all applicants with eligible applications, or

may decline to approve any of the eligible applications.

Subject to subsection (10), if an eligible application is approved under this section, the minister and the applicant whose application is approved must enter into a tree farm licence.

The minister may reserve from disposition under this Act the timber in an area that is the subject of a public hearing convened under subsection (2) or described in the advertising referred to in subsection (4), pending the entering into of a tree farm licence or the rejection of all applications submitted under this section.

The minister must not enter into a tree farm licence under this

section until a management plan for the proposed tree farm licence area is approved under

section 35.2.

Repealed

[Repealed 2003-31-21.]

Content of tree farm licence

A tree farm licence

subject to

section 36 (3) (a), must be for a term of 25 years,

subject to sections 33 and 39, must describe a tree farm licence area, determined by the minister or a person authorized by the minister, comprising Crown land, the timber on which is unencumbered except by the licence, and if the area includes

private land, or

Crown land subject to a timber licence

also comprising that land,

must require its holder to pay to the government, in addition to other amounts payable under this Act,

stumpage under

Part 7 for timber harvested under the tree farm licence on Crown land or under a timber licence on Crown land in the tree farm licence area,

waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the tree farm licence or timber licence, but, at the licensee's discretion, is not cut and removed, and

iii

a bonus bid or bonus offer, whichever is required under

section 33, in the amount tendered under that section,

[Repealed 2007-18-13.]

subject to this Act and the licence, must grant to its holder the exclusive right to harvest from the tree farm licence area during the term of the tree farm licence one or both of the following:

Crown timber of one or more types specified in the tree farm licence,

Crown timber from one or more types of terrain specified in the tree farm licence,

[Repealed 2023-43-17.]

[Repealed 2010-12-7.]

must require that timber on the tree farm licence area, in an amount directed by the minister, having regard to reservations made by the minister for

BC timber sales enterprises,

pulpwood agreements, or

iii

woodlot licences,

is to be available for disposition under

timber sale licences or forestry licences to cut, or

Division 7 or 8 of this Part

to persons other than the holder of the tree farm licence,

must make provision for its holder to use the services of one or more professional foresters to manage the tree farm licence area,

must require that each year during its term a volume of timber not less than

50% of the volume of timber harvested by or for its holder from the tree farm licence area during the year, multiplied by

the result obtained by the division of

the portion of the allowable annual cut available to its holder during that year that the chief forester determines is attributable to Crown land referred to in paragraph (

b) and sections 37 (1) and 38, by

the allowable annual cut available to its holder during that year

are to be harvested by persons under contract with its holder,

must allow its holder to contract for the harvesting of more than the volume calculated under paragraph (j),

must provide that the minister, under the regulations, may relieve the holder, in whole or in part, from the requirement under paragraph (j),

[Repealed 2003-30-2.]

must reserve to the government the right to enter into a free use permit on the tree farm licence area with a person other than the holder of the tree farm licence,

n.1

may require that the amount of timber on Crown land within the tree farm licence area that is available to the holder of the tree farm licence be reduced by a specified amount of timber for a specified period of time for the purpose of entering into one or more BCTS licences, respecting all or part of the specified amount of timber, with one or more persons other than the holder of the tree farm licence, and

1.1

A requirement described in subsection (1) (n.1) must not be included in the following:

a tree farm licence entered into before March 7, 2017, unless the holder of the tree farm licence agrees to include the requirement;

a replacement for a replaceable tree farm licence, unless

the tree farm licence already includes the requirement, or

the holder of the tree farm licence agrees to include the requirement;

a tree farm licence that replaces a tree farm licence under

section 16, or that replaces or amends a tree farm licence under

section 39, unless

the tree farm licence that is replaced or amended already includes the requirement, or

the holder of the tree farm licence that replaces or amends a tree farm licence agrees to include the requirement.

A disposition of timber under Division 3 or 7 of this Part pursuant to this section, or pursuant to a requirement referred to in subsection (1) (h), does not give rise to any right to or eligibility for compensation under this Act or otherwise.

Repealed

35.1

[Repealed 2021-38-24.]

Management plan for tree farm licence

35.2

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

is submitted in accordance with the regulations, and

conforms to prescribed requirements.

A management plan approved under subsection

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

may be replaced or extended in accordance with the regulations.

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

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).

[Repealed 2023-43-19.]

Replacement

0.1

In this section, Acts means this Act, the Forest and Range Practices Act and the Wildfire Act .

This

section does not apply to a tree farm licence that provides that a replacement for the licence must not be offered.

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.

1.2

During the 6 months beginning on the ninth anniversary of a tree farm licence for which a replacement has not by then been offered under subsection (1.1), the minister must offer the holder of the tree farm licence a replacement for it.

Despite subsection (1.2), if one or more of the following circumstances exists in relation to an existing tree farm licence, the minister may decline to offer a replacement for the tree farm licence until the circumstances cease to exist:

rights under the tree farm licence, or under a cutting permit issued for the tree farm licence, are under suspension;

the holder, or a related person of the holder, has not yet paid one or more of the following amounts and the due date for paying the amount has passed, regardless of whether payment arrangements satisfactory to the revenue minister have been made:

stumpage or other amounts payable to the government in respect of timber harvested under the tree farm licence or a road permit associated with the tree farm licence;

an amount owing under an order made under Division 3 of

Part 6 of the Forest and Range Practices Act against the holder or related person;

the holder is not in compliance with a requirement under this Act or the Forest and Range Practices Act to provide security or a deposit in respect of

the tree farm licence,

a cutting permit issued for the tree farm licence, or

iii

a road permit associated with the tree farm licence;

the holder is not in compliance with

a requirement under the tree farm licence, a cutting permit issued for the tree farm licence or a road permit associated with the tree farm licence, or

a requirement under the Acts in respect of activities carried out under the cutting permit or road permit referred to in subparagraph (i).

2.1

The minister may, in a circumstance referred to in subsection (2), offer a replacement with special conditions.

A tree farm licence offered under this

section must

be for a term equal to

25 years, or

if the minister exercises the power conferred under subsection (2), a period, not exceeding 25 years, to be determined by the minister,

have a term beginning

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

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

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

if the minister exercises the power conferred under subsection (2), on a date to be determined by the minister,

subject to sections 37, 38 and 39, describe as a tree farm licence area the area subject to the existing tree farm licence, and

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.

An offer made under this

section may

be amended, and

be accepted by written notice of acceptance served on the minister not later than 3 months after the offer is served.

If an offer made under this

section is accepted

the existing tree farm licence expires on the commencement of the replacement licence.

If an offer made under this

section is not accepted, the existing tree farm licence continues in force until its term expires, after which it has no further effect.

No tree farm licence is renewable.

Repealed

36.1

[Repealed 2023-43-21.]

Private tenure

On the expiry of a timber licence that is held by the holder of a tree farm licence and that is in the tree farm licence area, the land that was subject to the timber licence remains in the tree farm licence area and continues to be subject to its provisions.

2) and (3

[Repealed 2003-31-25.]

Private land

Private land that is transferred to the government remains subject to a tree farm licence if the private land is in the tree farm licence area.

Consolidation and subdivision of tree farm licences

[Repealed 2009-8-4.]

Subject to this section, the minister, by a method or combination of methods under subsection (5), may

replace 2 or more tree farm licences held by the same person with one of those tree farm licences held by that person or a new tree farm licence held by that person, or

amend a single tree farm licence held by a person and enter into one or more tree farm licences held by that person,

if the minister first receives the consent of the holder of the licences or licence.

Subject to this section, the minister, by a method or combination of methods under subsection (5), must

replace 2 or more tree farm licences held by the same person with one of those tree farm licences held by that person or a new tree farm licence held by that person, or

amend a single tree farm licence held by a person and enter into one or more tree farm licences held by that person,

if the holder requests the replacement or amendment by written request delivered to the minister.

The minister may refuse to replace or amend, under subsection (3), one or more tree farm licences

if the minister considers that the replacement or amendment would compromise forest management, or

in the prescribed circumstances.

For the purposes of subsections (2) and (3), the methods are as follows:

deleting all or part of the licence area from a tree farm licence and adding the deleted area to the licence area of another tree farm licence;

cancelling a tree farm licence if the area covered by the licence has been added to the licence area in another tree farm licence;

amending a tree farm licence;

entering into one or more tree farm licences covering the same land as was covered in the licences being replaced.

[Repealed 2007-18-17.]

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 immediately before any replacements or amendments under this section.

A tree farm licence as described in paragraph (

c) of the definition of "licence" in

section 75.4 (1) may not be replaced under subsection (2) or (3) except with a tree farm licence that is also a tree farm licence as described in paragraph (

c) of the definition of "licence" in

section 75.4 (1).

7.1

A replaceable tree farm licence may not be replaced under subsection (2) or (3) except with a tree farm licence that is also replaceable.

7.2

A tree farm licence that provides that a replacement for the tree farm licence must not be offered may not be replaced under subsection (2) or (3) except with a tree farm licence that also provides that a replacement for it must not be offered.

Despite

section 35 (1) (a), a tree farm licence that is amended or entered into under this

section must not expire later than the earliest expiry date of the tree farm licences it replaces or amends.

Change in boundary or area

39.1

The minister may change the boundary or area of a tree farm licence with the consent of its holder.

The discretion of the minister under subsection (1) includes the discretion to change the boundary or area of the tree farm licence with the consent of its holder by

adding private land of the holder of the tree farm licence to the area of the licence, or

removing private land from the area of the licence.

Pulpwood Agreements

Repealed

[Repealed 2003-31-27.]

Content of pulpwood agreement

A pulpwood agreement must

be for a term not exceeding 25 years,

describe as a pulpwood area the area described in the agreement as it was on April 1, 2003,

require its holder to construct, expand or continue a timber processing facility in accordance with the application for the pulpwood agreement,

require its holder to purchase, as provided in the pulpwood agreement,

wood residue produced by timber processing facilities from timber harvested in the pulpwood area, and

pulp logs, as defined in the agreement, from the pulpwood area,

grant to its holder the option to obtain from the regional manager or district manager, without advertising or competition from other applicants, forestry licences to cut authorizing the harvest from Crown land in the pulpwood area of a maximum annual volume of timber not exceeding the volume, and according to the terms, specified in the pulpwood agreement,

require that its holder must not exercise an option under paragraph (

e) without first complying with the requirement under paragraph (d), and

This

section applies to a pulpwood agreement that

is in effect after the coming into force of this section, and

was entered into before that time.

Repealed

[Repealed 2003-31-29.]

Consolidation and subdivision of pulpwood agreements

In this section, minister includes a person authorized by the minister.

Subject to this section, the minister, by a method or combination of methods under subsection (5), may

replace 2 or more pulpwood agreements held by the same person with one of those pulpwood agreements held by that person or a new pulpwood agreement held by that person, or

amend a single pulpwood agreement held by a person and enter into one or more pulpwood agreements held by that person,

if the minister first receives the consent of the holder of the agreements or agreement.

Subject to this section, the minister, by a method or combination of methods under subsection (5), must

replace 2 or more pulpwood agreements held by the same person with one of those pulpwood agreements held by that person or a new pulpwood agreement held by that person, or

amend a single pulpwood agreement held by a person and enter into one or more pulpwood agreements held by that person,

if the holder requests the replacement or amendment by written request delivered to the minister.

The minister may refuse to replace or amend, under subsection (3), one or more pulpwood agreements

if the minister considers that the replacement or amendment would compromise forest management, or

in the prescribed circumstances.

For the purposes of subsections (2) and (3), the methods are as follows:

deleting all or part of the area from a pulpwood agreement and adding the deleted area to the area of another pulpwood agreement;

cancelling a pulpwood agreement if the area covered by the agreement has been added to the area in another pulpwood agreement;

amending a pulpwood agreement;

entering into one or more pulpwood agreements covering the same land as was covered in the agreement being replaced.

Despite

section 41 (

a) a pulpwood agreement that is amended or entered into under this

section must not expire later than the earliest expiry date of the pulpwood agreements it replaces or amends.

7.1

Community Forest Agreements

Repealed

43.1

[Repealed 2009-8-5.]

Applications for community forest agreements

43.2

On request or on his or her own initiative the minister, by advertising in the prescribed manner, may invite applications for a community forest agreement.

An application for a community forest agreement must meet prescribed requirements.

A community forest agreement may be entered into only with an applicant that is

a first nation,

a municipality or regional district, or

any of the following if prescribed requirements are met:

a society as defined in the Societies Act ;

an association as defined in the Cooperative Association Act ;

iii

a corporation;

a partnership.

The minister must evaluate applications for a community forest agreement in accordance with prescribed requirements.

After evaluating applications under subsection (4), the minister may

approve an application,

approve an application subject to conditions with which the applicant must comply before the community forest agreement is entered into, or

decline to approve all applications.

If an applicant whose application is approved under subsection (5) does not enter into the community forest agreement, the minister may

approve the next best application,

approve the next best application subject to conditions with which the applicant must comply before the community forest agreement is entered into, or

refuse to approve any of the applications.

Subject to subsection (8), the minister must enter into a community forest agreement with every applicant whose application is approved under subsection (5) or (6).

The minister must not enter into a community forest agreement until a management plan is approved by the minister for the proposed community forest agreement area.

The minister may reserve from disposition under this Act the timber in the area described in the advertising, pending

a community forest agreement being entered into under this section, or

a refusal under subsection (6) to approve any of the applications.

Content of community forest agreement

43.3

A community forest agreement

must be for a term of not less than 25 years and not more than 99 years,

must describe a community forest agreement area, determined by the minister or a person authorized by the minister, comprising Crown land and, if the area so determined includes land that is

in a reserve as defined in the Indian Act (Canada), or

private land

also comprising that land,

subject to this Act and the agreement,

must give to its holder the exclusive right to harvest timber on the Crown land referred to in paragraph (b), for the term of the agreement, and

may give to its holder the right to harvest, manage and charge fees for botanical forest products and other prescribed products,

must require its holder to pay to the government, in addition to other amounts payable under this Act,

stumpage under

Part 7 in respect of Crown timber, and

waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the community forest agreement, but, at the holder's discretion, is not cut and removed,

[Repealed 2023-43-24.]

must require its holder to

submit for the approval of the minister, at the times specified in the agreement, a management plan that meets the requirements of the community forest agreement, and

implement management plans approved by the minister,

f.1

may include one or more provisions of Division 3.1 of

Part 4 with any variations necessary or desirable to adapt the provision or provisions for the purposes of the agreement,

must require its holder, in accordance with the community forest agreement, to

carry out audits and make and submit reports concerning the holder's performance under the agreement, and

make information available to the public and carry out consultation activities with the public concerning matters relating to the community forest agreement,

g.1

that is entered into with a first nation or its representative to implement or further an agreement, the "other agreement", between the first nation and the government respecting treaty-related measures, interim measures or economic measures, must state that it is a condition of the community forest agreement that the first nation comply with the other agreement,

g.2

may require that a specified amount of timber on Crown land within the community forest agreement area is to be reserved and available for disposition, to persons other than the holder of the community forest agreement, under

timber sale licences, or

forestry licences to cut under

section 47.6 (3),

g.3

may require that the amount of timber on Crown land within the community forest agreement area that is available to the holder of the community forest agreement be reduced by a specified amount of timber for a specified period of time for the purpose of entering into one or more BCTS licences, respecting all or part of the specified amount of timber, with one or more persons other than the holder of the community forest agreement, and

A reservation referred to in subsection (1) (g.2) must not be included in the following:

a community forest agreement entered into before the date this subsection comes into force, unless

the community forest agreement already includes the reservation, or

the holder of the community forest agreement agrees to include the reservation;

a replacement for a replaceable community forest agreement, unless paragraph (a) (

i) or (ii) of this subsection applies in relation to the replaceable community forest agreement.

A requirement described in subsection (1) (g.3) must not be included in the following:

a community forest agreement entered into before the date this subsection comes into force, unless the holder of the community forest agreement agrees to include the requirement;

a replacement for a replaceable community forest agreement, unless

the community forest agreement already includes the requirement, or

the holder of the community forest agreement agrees to include the requirement.

Replacement of community forest agreements

43.4

1) to (3

[Repealed 2009-8-9.]

Unless a community forest agreement provides that a replacement for the community forest agreement must not be offered, the minister, during the 6 month period following the ninth anniversary of an existing community forest agreement, must offer the holder a replacement community forest agreement.

4.1

Despite subsection (4), if the holder of a community forest agreement, or a related person of the holder, has not paid an amount owing under an order made under Division 3 of

Part 6 of the Forest and Range Practices Act against the holder or related person, and the due date for paying the amount has passed, the minister may decline to offer a replacement for the community forest agreement until the holder or related person pays the amount.

4.2

Subsection (4.1) applies regardless of whether the holder or related person has made arrangements satisfactory to the revenue minister to pay the amount referred to in that subsection.

A community forest agreement offered under subsection (4) must

be for a term of not less than 25 years and not more than 99 years, commencing on

the tenth anniversary of the existing community forest agreement, or

if the minister exercises the power conferred under subsection (4.1), a date to be determined by the minister,

describe as a community forest agreement area the area subject to the existing community forest agreement and any change to the boundary or area made by the minister under subsection (6), and

In accordance with the regulations, and with the consent of the person to whom a community forest agreement is offered under this section, the minister may change the boundary or area in the offered community forest agreement from the boundary or area of the existing community forest agreement.

Notice of an offer made under this

section to replace a community forest agreement must be published in the prescribed manner.

An offer made under this

section may be

amended, and

accepted by written notice to the minister, not later than 3 months after the offer is served.

If an offer made under this

section is accepted

the existing community forest agreement expires on the commencement of the replacement agreement.

A community forest agreement is not renewable.

Repealed

43.41

[Repealed 2023-43-26.]

Repealed

43.5

[Repealed 2009-8-11.]

Direct award of community forest agreements

43.51

0.1

In this section, representative means a person or other legal entity that

is appointed by a first nation as its representative, and

meets prescribed requirements.

The minister may enter into a community forest agreement

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

under prescribed circumstances or with a holder that meets prescribed requirements.

[Repealed 2010-12-11.]

2.1

After a community forest agreement has been entered into under subsection (1) with a first nation or its representative, the minister may, if it furthers the objectives set out in subsection (1) (a), and with the consent of the holder of the community forest agreement, increase the area covered by the community forest agreement.

Section 43.2 does not apply to a community forest agreement entered into under this section.

Change in area or boundary

43.52

In accordance with the regulations, and with the consent of the holder of the agreement, the minister may change the boundary or increase the area of a community forest agreement.

Transition for community forest agreement allowable annual cut

43.53

For a community forest agreement for which an allowable annual cut has not been determined under

section 8, a reference in this Act or the regulations to an allowable annual cut authorized for a community forest agreement must be read as a reference to the rate of timber harvesting for each community forest agreement area as determined under

section 8.

7.11

First Nations Woodland Licences

Award of first nations woodland licence

43.54

In this section, representative means a person or other legal entity that

is appointed by a first nation as its representative, and

meets prescribed requirements.

The minister may enter into a first nations woodland licence 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.

After a first nations woodland licence has been entered into under subsection (2), the minister may, if it furthers the objectives set out in subsection (2), and with the consent of the holder of the licence, increase the area covered by the licence.

The minister must not enter into a first nations woodland licence under subsection (2) until

a management plan is approved by the minister for the proposed first nations woodland licence area, and

if required under the agreement between the first nation and the government referred to in subsection (2) of this section, one or more agreements referred to in

section 12 are surrendered.

Content of first nations woodland licence

43.55

A first nations woodland licence

must be for a term of not less than 25 years and not more than 99 years,

must describe a first nations woodland licence area, determined by the minister, comprising Crown land and, if the area so determined includes land that is

in a reserve as defined in the Indian Act (Canada), or

private land,

also comprising that land,

subject to this Act and the licence,

must give to its holder the exclusive right to harvest timber on the Crown land referred to in paragraph (b), for the term of the agreement, and

may give to its holder the right to harvest, manage and charge fees for botanical forest products and other prescribed products,

must require its holder to pay to the government, in addition to other amounts payable under this Act,

stumpage under

Part 7 in respect of Crown timber, and

waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the licence, but, at the holder's discretion, is not cut and removed,

[Repealed 2023-43-27.]

must require its holder to

submit for the approval of the minister, at the times specified in the licence, a management plan that meets the requirements of the licence, and

implement management plans approved by the minister,

may include one or more provisions of Division 3.1 of

Part 4 with any variations necessary or desirable to adapt the provision or provisions

for the purposes of the licence, or

to take into account the effect of a surrender of an agreement referred to in

section 43.54 (4) (b),

must state that it is a condition of the licence that the first nation comply with the agreement between the first nation and the government referred to in

section 43.54 (2),

h.1

may require that a specified amount of timber on Crown land within the first nations woodland licence area is to be reserved and available for disposition, to persons other than the holder of the first nations woodland licence, under

timber sale licences, or

forestry licences to cut under

section 47.6 (3),

h.2

may require that the amount of timber on Crown land within the first nations woodland licence area that is available to the holder of the first nations woodland licence be reduced by a specified amount of timber for a specified period of time for the purpose of entering into one or more BCTS licences, respecting all or part of the specified amount of timber, with one or more persons other than the holder of the first nations woodland licence, and

A reservation referred to in subsection (1) (h.1) must not be included in the following:

a first nations woodland licence entered into before the date this subsection comes into force, unless the holder of the first nations woodland licence agrees to include the reservation;

a replacement for a replaceable first nations woodland licence entered into before the date this subsection comes into force, unless the holder of the replaceable first nations woodland licence agrees to include the reservation.

A requirement described in subsection (1) (h.2) must not be included in the following:

a first nations woodland licence entered into before the date this subsection comes into force, unless the holder of the first nations woodland licence agrees to include the requirement;

a replacement for a replaceable first nations woodland licence, unless

the first nations woodland licence already includes the requirement, or

the holder of the first nations woodland licence agrees to include the requirement.

Replacement of first nations woodland licences

43.56

Unless a first nations woodland licence provides that a replacement for the first nations woodland licence must not be offered, the minister, during the 6 month period following the ninth anniversary of an existing first nations woodland licence, must offer the holder a replacement first nations woodland licence.

1.1

Despite subsection (1), if the holder of a first nations woodland licence, or a related person of the holder, has not paid an amount owing under an order made under Division 3 of

Part 6 of the Forest and Range Practices Act against the holder or related person, and the due date for paying the amount has passed, the minister may decline to offer a replacement for the first nations woodland licence until the holder or related person pays the amount.

1.2

Subsection (1.1) applies regardless of whether the holder or related person has made arrangements satisfactory to the revenue minister to pay the amount referred to in that subsection.

A first nations woodland licence offered under subsection (1) must

be for a term of not less than 25 years and not more than 99 years, commencing on

the tenth anniversary of the existing licence, or

if the minister exercises the power conferred under subsection (1.1), a date to be determined by the minister,

describe, as a first nations woodland licence area, the area subject to the existing licence and any change to the boundary or area made by the minister under subsection (3), and

In accordance with the regulations, and with the consent of the person to whom a first nations woodland licence is offered under this section, the minister may change the boundary or area in the offered first nations woodland licence from the boundary or area of the existing first nations woodland licence.

An offer made under this

section may be

amended, and

accepted by written notice to the minister not later than 3 months after the offer is served.

If an offer made under this

section is accepted,

the existing first nations woodland licence expires on the commencement of the replacement licence.

A first nations woodland licence is not renewable.

Change in area or boundary

43.57

In accordance with the regulations and with the consent of the holder of the licence, the minister may change the boundary or area of a first nations woodland licence.

7.2

Repealed

Repealed

43.6-43.8

[Repealed 2021-38-26.]

Woodlot Licences

Applications

In this section, ineligible licence means a licence that

is one of the following:

a timber sale licence, if the timber sale licence is also a major licence;

a forest licence, other than a forest licence entered into under

section 47.3 (1);

iii

a tree farm licence;

a forestry licence to cut, other than a forestry licence to cut entered into under

section 47.3 (1), and

is either

replaceable, or

non-replaceable, with an original term greater than 5 years.

On request or on his or her own initiative the minister, by advertising in the prescribed manner, may invite applications for a woodlot licence.

An application for a woodlot licence must

be made to a person designated by the minister, and

meet prescribed requirements.

Subject to subsections (5) and (5.1), a woodlot licence may be entered into only with an applicant that is

a Canadian citizen or permanent resident of Canada who is 19 years of age or older,

a first nation, or

a corporation, other than a society, that is controlled by persons who meet the qualifications referred to in paragraph (a).

A woodlot licence may not be entered into with an applicant that is not a corporation if any of the following apply:

the applicant holds 2 or more woodlot licences;

the applicant controls a corporation that holds 2 or more woodlot licences;

the applicant holds a woodlot licence and controls a corporation that holds a woodlot licence;

the applicant controls a corporation that holds a woodlot licence and the corporation is affiliated with another corporation that holds a woodlot licence;

the applicant holds

an ineligible licence that has an allowable annual cut that is greater than 10 000 m 3 , or

2 or more ineligible licences that together have an aggregate allowable annual cut that is greater than 10 000 m 3 ;

the applicant controls a corporation that holds

an ineligible licence described in paragraph (e) (i), or

2 or more ineligible licences described in paragraph (e) (ii);

the applicant holds an ineligible licence and controls a corporation that holds an ineligible licence and those ineligible licences together have an aggregate allowable annual cut that is greater than 10 000 m 3 ;

the applicant controls a corporation that holds an ineligible licence and the corporation is affiliated with another corporation that holds an ineligible licence and those ineligible licences together have an aggregate allowable annual cut that is greater than 10 000 m 3 .

5.1

A woodlot licence may not be entered into with an applicant that is a corporation if any of the following apply:

the applicant holds 2 or more woodlot licences;

the applicant is affiliated with another corporation that holds 2 or more woodlot licences;

the applicant holds a woodlot licence and is affiliated with another corporation that holds a woodlot licence;

the applicant holds

an ineligible licence that has an allowable annual cut that is greater than 10 000 m 3 , or

2 or more ineligible licences that together have an aggregate allowable annual cut that is greater than 10 000 m 3 ;

the applicant is affiliated with another corporation that holds

an ineligible licence described in paragraph (d) (i), or

2 or more ineligible licences described in paragraph (d) (ii);

the applicant holds an ineligible licence and is affiliated with another corporation that holds an ineligible licence and those ineligible licences together have an aggregate allowable annual cut that is greater than 10 000 m 3 .

The minister must evaluate applications for a woodlot licence in accordance with prescribed requirements.

After evaluating applications under subsection (6), the person who evaluated the applications may

approve an application, or

decline to approve all applications.

If an applicant whose application is approved under subsection (7) neglects or declines to enter into the woodlot licence or becomes ineligible to enter into the licence, the minister may

approve the next best application, or

refuse to approve any of the applications.

Subject to subsection (10), the minister must enter into a woodlot licence with every person whose application is approved under subsection (7) or (8).

The minister must not enter into a woodlot licence until a management plan is approved by the government for the proposed woodlot licence area.

The minister may reserve from disposition under this Act the timber in the area described in the advertising, pending

a woodlot licence being entered into under this section, or

a refusal under subsection (8) to approve any of the applications.

Content of woodlot licence

A woodlot licence

must be for a term not exceeding 20 years,

must describe a woodlot licence area determined by the minister to be composed of

private land owned or held under lease by its holder or a reserve as defined in the Indian Act (Canada), if so determined by the minister, and

Crown land, the timber on which is not otherwise encumbered, of not more than

800 ha if the Crown land is located in the Coast Forest Region, or

1 200 ha if the Crown land is not located in the Coast Forest Region,

subject to the provisions of this Act, must give to its holder the exclusive right to harvest timber on the Crown land referred to in paragraph (b), for its term,

must require its holder to pay to the government, in addition to other amounts payable under this Act,

stumpage under

Part 7 in respect of Crown timber,

waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the woodlot licence, but, at the holder's discretion, is not cut and removed, and

iii

a bonus, if any, in the amount tendered,

[Repealed 2023-43-30.]

must require its holder to submit for the approval of the minister, at the times specified by the minister, a management plan that meets all the following requirements:

it is prepared in accordance with the requirements of the woodlot licence;

it includes inventories, prepared in the manner, presented in the format and meeting the specifications required under the woodlot licence, of the timber resources within the woodlot licence area;

iii

it is consistent with

the woodlot licence,

this Act, the Forest and Range Practices Act , the Wildfire Act and any regulations or standards made under those Acts, and

any applicable objectives set by government;

it proposes management objectives, in accordance with the woodlot licence, regarding

utilization of the timber resources in the woodlot licence area,

protection and conservation of the non-timber values and resources in the woodlot licence area,

forest fire prevention and suppression,

forest health, including pest management,

silviculture, and

road construction, maintenance and deactivation;

it includes proposals, in accordance with the woodlot licence, for meeting the proposed management objectives under subparagraph (iv), including measures to be taken and specifications to be followed by the holder of the woodlot licence;

it proposes an allowable annual cut for the woodlot licence area;

vii

it includes any other inventories and information regarding the development, management and use of the woodlot licence area that the minister, in accordance with the woodlot licence, requires,

f.1

if the licence 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, must state that it is a condition of the licence that the first nation comply with the agreement,

f.2

may require that the amount of timber on Crown land within the woodlot licence area that is available to the holder of the woodlot licence be reduced by a specified amount of timber for a specified period of time for the purpose of entering into one or more BCTS licences, respecting all or part of the specified amount of timber, with one or more persons other than the holder of the woodlot licence, and

Despite subsection (1), the Crown land portion of a woodlot licence may exceed the limits specified in subsection (1) (b) (ii) (

A) or (

B) if

the woodlot licence was entered into before January 1, 2003, and

the excess Crown land was included in the woodlot licence as a result of mapping inaccuracies.

A requirement described in subsection (1) (f.2) must not be included in the following:

a woodlot licence entered into before the date this subsection comes into force, unless the holder of the woodlot licence agrees to include the requirement;

a replacement for a woodlot licence under

section 46 or 46.2, unless

the woodlot licence that is replaced already includes the requirement, or

the holder of the woodlot licence that replaces a woodlot licence agrees to include the requirement.

Transition for woodlot licence allowable annual cut

45.1

For a woodlot licence for which an allowable annual cut has not been determined under

section 8, a reference in this Act or the regulations to an allowable annual cut authorized for a woodlot licence must be read as a reference to the volume of timber to be harvested from each woodlot licence area during each year or other period of the term of the woodlot licence as determined under

section 8.

Replacement

0.1

In this section, Acts means this Act, the Forest and Range Practices Act and the Wildfire Act .

Unless a woodlot licence provides that a replacement for the woodlot licence must not be offered, the minister, during the 6 month period following the ninth anniversary of an existing woodlot licence, must offer its holder a replacement for the woodlot licence.

Despite subsection (1), if one or more of the following circumstances exists in relation to an existing woodlot licence, the minister may decline to offer a replacement for the woodlot licence until the circumstances cease to exist:

rights under the woodlot licence, or under a cutting permit issued for the woodlot licence, are under suspension;

the holder, or a related person of the holder, has not yet paid one or more of the following amounts and the due date for paying the amount has passed, regardless of whether payment arrangements satisfactory to the revenue minister have been made:

stumpage or other amounts payable to the government in respect of timber harvested under the woodlot licence or a road permit associated with the woodlot licence;

an amount owing under an order made under Division 3 of

Part 6 of the Forest and Range Practices Act against the holder or related person;

the holder is not in compliance with a requirement under this Act or the Forest and Range Practices Act to provide security or a deposit in respect of

the woodlot licence,

a cutting permit issued for the woodlot licence, or

iii

a road permit associated with the woodlot licence;

the holder is not in compliance with

a requirement under the woodlot licence, a cutting permit issued for the woodlot licence or a road permit associated with the woodlot licence, or

a requirement under the Acts in respect of activities carried out under the cutting permit or road permit referred to in subparagraph (i).

2.1

The minister may, in a circumstance referred to in subsection (2), offer a replacement with special conditions.

A woodlot licence offered under this

section must

have a term commencing

on the 10th anniversary of the existing woodlot licence, or

if the minister exercises the power conferred under subsection (2), on a date to be determined by the minister,

be for a term equal to

the whole original term of the existing woodlot licence, or

if the minister exercises the power conferred under subsection (2), a period, not exceeding the original term of the existing woodlot licence, to be determined by the minister,

describe as a woodlot licence area the area subject to the existing woodlot licence, and

[Repealed 1999-10-5.]

Notice of an offer made under this

section must be published in the prescribed manner.

An offer made under this

section

may be amended, and

may be accepted by written notice to a person designated by the minister not later than 3 months after the offer is served.

If an offer made under this

section is accepted

the existing woodlot licence expires on the commencement of the replacement licence.

If an offer made under this

section is not accepted, the existing woodlot licence continues in force until its term expires, after which it has no further effect.

No woodlot licence is renewable.

Repealed

46.1

[Repealed 2007-18-22.]

Consolidation of woodlot licences

46.2

Subject to this section, the minister, by a method or combination of methods under subsection (2), may replace 2 woodlot licences held by the same person with one of those woodlot licences held by that person or a new woodlot licence held by that