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2004 Legislative Session: 5th Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE MIKE DE JONG

MINISTER OF FORESTS

BILL 33 – 2004

FORESTS STATUTES AMENDMENTACT, 2004

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

Forest Act

Section 1 (1) of the Forest Act, R.S.B.C. 1996, c. 157, is amended

(

a) in paragraph (

a) of the definition of " allowable annual

cut " by striking out " woodlot licence area "

and substituting " community forest agreement area, woodlot licence

area " ,

(

b) by repealing the definition of " BC timber sales

agreement " and substituting the following:

"BC timber sales agreement " means

(

a) a licence, or

(

b) a permit

referred to in any of paragraphs (

b) to (f.1) of

section

109 (2); ,

(

c) by repealing the

definitions of " firmwood reject ",

" forest land ", " higher level plan ", " range use plan "

and " wilderness area ",

(

d) by adding the following definition:

"objectives set by government" means objectives

set by government as defined in

section 1 (1) of the Forest and Range

Practices Act ; ,

(

e) in the definition of " operational plan " by striking out " Forest

and Range Practices Act " and substituting " Forest Practices

Code of British Columbia Act , before its repeal, or the Forest and Range

Practices Act ", and

(

f) in the definition of " pulpwood area " by striking out "

section

40; " and substituting "

section 40 before its repeal; ".

Section 6 is repealed.

Section 8 (7) is amended by striking out " a rate of timber

harvesting " and substituting " an allowable annual cut ".

Section 12 (1) (

b) is repealed.

Section 14 is amended

(

a) in paragraphs (

b) and (

e) by striking out " timber supply

area " and substituting " timber supply area or tree farm licence

area ", and

(

b) by adding the following paragraph:

(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, .

Section 16 (6) is repealed.

Section 19 (6) is repealed and following substituted:

(6) 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 before any replacements or amendments

under this section.

Section 20 is amended

(

a) in subsections (2), (4), (5) and (6) by striking out " regional

manager, timber sales manager or district manager " and substituting " timber

sales manager ", and

(

b) in subsection (3) by striking out " regional manager ".

Section 22 is amended

(

a) by repealing paragraph (d), and

(

b) in paragraph (

g) by striking out " regional manager, timber

sales manager or district manager " and substituting " timber sales

manager ".

Section 24.4 (2) (

c) is repealed and the following substituted:

(

c) the pre-existing licence or each of them, if more

than one, authorize harvesting within the same timber supply area specified

in the non-replaceable forest licence, .

Section 24.9 (3) is amended by striking out " on the date of

the allowable annual cut increase under subsection (2) " and substituting

" on the date it is converted into a forestry licence to cut ".

Section 31 is repealed and the following substituted:

Extension of term of timber licence

31 On application of the holder of a timber licence, the regional manager may extend the term of the licence for a period not exceeding 3 years if the licence is in effect on the date on which the Forests Statutes Amendment Act, 2004 receives first reading and the application is made

(

a) before the expiration of the term, or

(

b) despite the expiration of the term, if the term expires on or after the date on which the Forests Statutes Amendment Act, 2004 receives first reading and before the elapse of 60 days after the coming into force of this section.

Section 33 (8) is amended by striking out " subsection (9) "

and substituting " subsection (10) ".

Section 35 (1) is amended

(

a) by repealing paragraph (

h) and substituting the following:

(

h) 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

(

i) BC timber sales enterprises,

(ii) pulpwood agreements, or

(iii) woodlot licences,

is to be available for disposition under

(iv) forest licences, timber sale licences or forestry licences to cut, or

(

v) Division 7 or 8 of this Part

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

, and

(

b) in paragraph (j) (ii) (

A) by striking out " sections 37

(1) and (2) and 38 (1), " and substituting " sections 37 (1) and 38, ".

Section 35.1 is amended

(

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

(1) In this section, "recreation resources"

has the same meaning as it has in the Forest and Range Practices Act .

, and

(

b) in subsection (5) (

a) by striking out " higher level plans "

and substituting " objectives set by government ".

Section 36 (3) (

c) is amended by striking out " sections 37,

38, 39, 56 (9) and 60, " and substituting " sections

37, 38, 39 and 60, ".

Section 39 (6) is repealed and the following substituted:

(6) 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 tree farm licences involved remains the same as it was before any replacements or amendments under this section.

18 The following

section is added:

Change in boundary or area

39.1

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

(2) 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

(

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

(

b) removing private land from the area of the licence.

Section 41 (1) (

g) is amended by striking out " the Forest

Practices Code of British Columbia Act " and substituting " the

Forest and Range Practices Act ".

Section 43.1 is amended by repealing the definition of " botanical

forest product " .

21 The following

section is added:

Applications for probationary community forest agreements

43.2

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

(2) An application for a probationary community forest agreement must meet prescribed requirements.

(3) A probationary community forest agreement may be entered into only with an applicant that is

(

a) a first nation,

(

b) a municipality or regional district, or

(

c) any of the following if prescribed requirements are met:

(

i) a society incorporated under the Society Act ;

(ii) an association as defined in the Cooperative Association Act ;

(iii) a corporation;

(iv) a partnership.

(4) The minister or a person authorized by the minister must evaluate applications for a probationary community forest agreement in accordance with prescribed requirements.

(5) After evaluating applications under subsection (4), the person who evaluated the applications may

(

a) approve an application,

(

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

(

c) decline to approve all applications.

(6) If an applicant whose application is approved under subsection (5) does not enter into the probationary community forest agreement, the minister or a person authorized by the minister may

(

a) approve the next best application,

(

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

(

c) refuse to approve any of the applications.

(7) Subject to subsection (8), the regional manager or district manager must enter into probationary community forest agreement with every applicant whose application is approved under subsection (5) or (6).

(8) The regional manager or district manager must not enter into a probationary community forest agreement until a management plan is approved by the regional manager or district manager for the proposed probationary community forest agreement area.

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

(

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

(

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

Section 43.5 (1) to (3) and (5) is repealed.

23 The following sections are added to Division 7.1:

Direct award of probationary community forest agreement

43.51

(1) The minister, without accepting applications from other persons, may direct the regional manager or district manager to enter into a probationary community forest agreement if

(

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

(

b) the probationary community forest agreement is entered into under prescribed circumstances or its holder meets prescribed requirements.

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

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

Change in area or boundary

43.52 The

(

a) regional manager, or

(

b) district manager,

in accordance with the regulations, and with the consent of the holder of a community forest agreement, may change the boundary or area of the 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

Section 43.8 is amended

(

a) by striking out " and " at the end of paragraph (g), and

(

b) by adding the following paragraph:

(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 community salvage licence

that the first nation comply with the agreement, and .

Section 44 is repealed and the following substituted:

Applications

(1) In this section, "control" in relation

to a corporation has the same meaning as "control of a corporation" in

section

(2) On request or on his or her own initiative the regional manager or district manager, by advertising in the prescribed manner, may invite applications for a woodlot licence.

(3) An application for a woodlot licence must

(

a) be made to the district manager or regional manager, and

(

b) meet prescribed requirements.

(4) A woodlot licence may be entered into only with an applicant that is

(

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

(

b) a first nation, or

(

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

(5) A woodlot licence may not be entered into with an applicant that

(

a) owns or leases, or controls a corporation that owns or leases, a timber processing facility in British Columbia, or

(

b) holds more than one woodlot licence, controls a corporation that holds more than one woodlot licence or both holds a woodlot licence and controls a corporation that holds a woodlot licence.

(6) The regional manager or district manager must evaluate applications for a woodlot licence in accordance with prescribed requirements.

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

(

a) approve an application, or

(

b) decline to approve all applications.

(8) 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 regional manager or district manager may

(

a) approve the next best application, or

(

b) at the direction of the minister, may refuse to approve any of the applications.

(9) Subject to subsection (10), the regional manager or district manager must enter into an agreement in the form of a woodlot licence with every person whose application is approved under subsection (7) or (8).

(10) The regional manager or district manager must not enter into a woodlot licence until a management plan is approved by the government for the proposed woodlot licence area.

(11) The regional manager or district manager may reserve from disposition under this Act the timber in the area described in the advertising, pending

(

a) a woodlot licence being entered into under this section, or

(

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

Section 45 (1) is amended

(

a) by repealing paragraph (b) (ii) (

A) and (

B) and substituting the following:

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

(B) 1 200 ha if the Crown land is not located in the

Coast Forest Region, ,

(

b) in paragraph (d) (iii) by striking out " under

section 44 ",

(

c) in paragraphs (e), (f) (iii) (

B) and (

g) by striking out " the

Forest Practices Code of British Columbia Act " and substituting

" the Forest and Range Practices Act ", and

(

d) by repealing paragraph (f) (iii) (

C) and substituting the following:

(

C) any applicable objectives set by government; .

Section 47.3 (1) is amended by striking out " community salvage

woodlot licence " and substituting " community salvage licence,

woodlot licence ".

Section 47.4 (2) (b) (iii) is amended by striking out " in

paragraph (

a) or (b) " and substituting " in subparagraph (

i) or

(ii) ".

Section 47.5 is amended

(

a) in subsection (1) (b) (ii) by striking out " Forest Practices

Code of British Columbia Act " and substituting " Forest

and Range Practices Act ", and

(

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

(2) A master licence to cut

(

a) must be for a term not exceeding 5 years,

(

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

(

i) stumpage under

Part 7, and

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

(

c) must provide for cutting permits to be issued by the district manager, or a forest officer authorized by the district manager, within the limits provided in the master licence to cut and subject to this Act and the Forest and Range Practices Act , to authorize its holder to harvest Crown timber from specified areas within the area or areas of Crown land specified in the licence to cut, and

(

i) are determined by the regional manager or district manager or by a forest officer authorized by either of them, and

(ii) are consistent with this Act, the regulations under it, the Forest and Range Practices Act and the regulations and standards under it.

Section 47.6 is amended

(

a) in subsection (1) by striking out " subsection (2), (3) or

(4). " and substituting " subsection (2), (2.1), (2.2), (3), (4)

or (5). ",

(

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

(2) The regional manager or district manager may enter into a forestry licence to cut

(

a) in which the volume of timber specified does not

exceed 2 000 m 3 and harvesting under the forestry licence to cut is restricted

to timber that is dead or, in the opinion of the regional manager or district

manager,

(

i) is in danger, as a result of an insect infestation, fire, disease or windthrow, of being significantly reduced in value, lost or destroyed,

(ii) is timber that is interspersed with the dead or endangered timber, or

(iii) must be harvested to provide access to the dead, endangered or interspersed timber,

(

b) in which the volume of timber specified does not exceed 500 m 3 and the timber, in the opinion of the regional manager or district manager, is to be harvested under controlled scientific or investigative conditions, or

(

c) if authorized to do so under another provision of

this Act or under the regulations. , and

(

c) by adding the following subsections:

(2.1) The regional manager or district manager may enter into a forestry licence to cut to authorize the removal of Crown timber from Crown land or private land.

(2.2) A forest officer authorized by the regional manager or by the district manager may enter into a forestry licence to cut described in subsection (2) (

a) or (

c) or (2.1) that specifies a volume of timber that does not exceed 500 m 3 .

(5) The district manager or a forest officer authorized by the district manager may enter into a forestry licence to cut with a person

(

a) authorizing the person to cut Crown timber on Crown land, remove Crown timber from Crown land or do both, and

(

b) specifying a volume of timber that does not exceed 50 m 3 .

Section 47.7 (

f) is repealed and the following substituted:

(

f) must require its holder, if it authorizes its holder to remove Crown timber, to pay to the government, in addition to other amounts payable under this Act and the regulations,

(

i) stumpage under

Part 7, and

(ii) waste assessments for merchantable Crown timber,

whether standing or felled, that could have been cut and removed under the forestry

licence to cut, but, at the holder's discretion, is not removed, .

Section 53 (1) is amended in the definition of " deletion

period "

(

a) in paragraph (

a) by striking out " under

section 33 or 34 "

and substituting " under

section 33 ",

(

b) in paragraph (

d) by striking out " under

section 13, 16 or

17 " and substituting " under

section 13 or 16 ", and

(

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

d) and by adding the following paragraphs:

(d.1) a forest licence entered into under

section 19 and replacements for it, each successive 15 year period commencing with the beginning of the original forest licence entered into under that section,

(

f) a probationary community forest agreement or a community forest pilot agreement, the term of the agreement, and

(

g) a long-term community forest agreement and replacements

for it, each successive 25 year period commencing with the beginning of the

term of the original long-term community forest agreement entered into under

section 43.4 of this Act; .

Section 54.1 (

b) is amended by striking out " is registered

in the applicable category of BC timber sales enterprises " and substituting

" is a BC timber sales enterprise ".

Section 54.4 (1) (

d) is amended by striking out " is a licence

to cut " and substituting " is an occupant licence to cut ".

Section 58.1 is amended

(

a) by adding the following subsection:

(6.1) A request referred to in subsection (6) must

(

a) be submitted within 30 days after the date an application for an extension under subsection (1) or (2) is made,

(

b) be signed by, or on behalf of, the requesting person, and

(

c) specify the reasons for the request. , and

(

b) by repealing subsection (7) and substituting the following:

(7) A fee paid under subsection (3) (

c) must not be credited towards stumpage.

Section 58.2 is amended

(

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

(2) A cutting permit that was in effect on November 4, 2003, with a term expiring before March 31, 2007, may be extended to March 31, 2007, on application of its holder made

(

a) before the expiration of the term, or

(

b) despite the expiration of the term, if the term expired on or after November 4, 2003 and before the elapse of 60 days after the coming into force of this section.

(2.1) A cutting permit that, we in effect on November 4, 2003 and expiring on March 31, 2007 may be extended by the minister for a period not exceeding 2 years beginning on April 1, 2007, on application made before March 31, 2007 by the holder.

(2.2) For cutting permits that are extended under subsection

(2.1), the minister may grant further extensions, each for a period not exceeding

2 years. , and

(

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

(4) Section 58.1 does not apply to a

(

a) timber sale licence, or

(

b) cutting permit

entered into before November 4,

Section 58.3 is amended

(

a) in subsection (3) (

b) by striking out " any deposit "

and substituting " if the timber sale licence was advertised on or after

November 4, 2003, any deposit ", and

(

b) by adding the following subsection:

(5) A request referred to in subsection (4) must

(

a) be made within 30 days after the date an application to surrender a timber sale licence under subsection (1) is made,

(

b) be signed by, or on behalf of, the requesting person, and

(

c) specify the reasons for the request.

Section 60 is repealed and the following substituted:

Deletions, not affecting allowable annual cut,

of Crown land from tree farm licences

(1) In this section, "Crown land" does not include Crown land described in a timber licence.

(2) The minister by written order may delete Crown land from a tree farm licence area, if the deletion does not affect the allowable annual cut determined for the tree farm licence.

(3) Subject to

section 60.92, no compensation or damages is payable by the government to a person for a deletion of Crown land under this section.

Other deletions, not affecting allowable annual cut, of Crown land

60.01

(1) The minister by written order may delete Crown land from

(

a) a community forest agreement area, or

(

b) a woodlot licence area

if the deletion does not affect the allowable annual cut determined for the community forest agreement or woodlot licence.

(2) Subject to

section 60.92, no compensation or damages is payable by the government to a person for a deletion of Crown land under this section.

Definitions for sections 60.2 to 60.91

60.1 In this

section and in sections 60.2 to 60.91:

"for an access purpose" means for the purpose of

(

a) access to Crown timber

(

b) a right of way for

(

i) a highway,

(ii) a pipeline, or

(ii) power transmission, or

(

c) water storage;

"for another purpose" means for any purpose other

than

(

a) an access purpose, or

(

b) timber production.

Other deletions of Crown land – tree farm licences

60.2

(1) In this section, "Crown land" does not include Crown land described in a timber licence.

(2) The minister by written order may delete from a tree farm licence area Crown land to be used for an access purpose or for another purpose.

Other deletions of Crown land – community forest agreements,

woodlot licences and timber licences

60.3 The minister by written order may delete from

(

a) a community forest agreement area,

(

b) a woodlot licence area, or

(

c) the area described in a timber licence

Crown land to be used for an access purpose or for another purpose.

Reductions in allowable annual cut under forest licences and timber sale licences

60.4 The minister by written order may reduce the allowable annual cut authorized in

(

a) a forest licence, or

(

b) a timber sale licence

if Crown land in the timber supply area specified in the licence is used for an access purpose or for another purpose.

Notice of an order under sections 60, 60.01 or 60.2 to 60.4

60.5

(1) Subject to subsection (2), the minister may not make an order under

section 60, 60.01 or any of sections 60.2 to 60.4 unless the minister serves at least one year's advance notice of the proposed order on the holder of the agreement or licence that is the subject

(

a) of the intended deletion of Crown land, in the case of a tree farm licence, community forest agreement, woodlot licence, community forest agreement or timber licence, or

(

b) of the intended reduction in allowable annual cut, in the case of a forest licence or timber sale licence.

(2) If the Crown land to be deleted

(

a) by order under

section 60.2 from a tree farm licence area, or

(

b) by order under

section 60.3 from a community forest agreement area, woodlot licence area or the area described in a timber licence

is to be used for exploration or development activities associated with oil and gas purposes, the minister may make the order if the minister serves at least 60 days' advance notice of the order on the holder of the licence that is the subject of the intended deletion of Crown land.

(3) A notice under this

section must include or be accompanied by particulars of the intended deletion of Crown land or reduction in allowable annual cut, as the case may be.

Deemed amendment to affected agreements

60.51

(1) Each tree farm licence that is affected by an order under

section 60 or 60.2 is deemed amended to reflect the order under that section.

(2) Each community forest agreement or woodlot licence that is affected by an order under

section 60.01 is deemed amended to reflect the order under that section.

(3) Each community forest agreement, woodlot licence or timber licence that is affected by an order under

section 60.3 is deemed amended to reflect the order under that section.

(4) Each forest licence or timber sale licence that is affected by an order under

section 60.4 is deemed amended to reflect the order under that section.

Compensation in respect of tree farm licence areas

60.6

(1) In this section:

"Crown land" does not include Crown land in the area described in a timber licence;

"current allowable annual cut" means the allowable annual cut that the chief forester determines to be attributable to the Crown land in a tree farm licence area immediately before a deletion under

section 60.2;

"original allowable annual cut" means the allowable

annual cut that the chief forester determines was attributable at the beginning

of the applicable deletion period to the Crown land in a tree farm licence area.

(2) If, during the deletion period for a tree farm licence,

(

a) a deletion, or

(

b) a series of deletions, if more than one,

from the tree farm licence area, of Crown land to be used for an access purpose has the effect of reducing the current allowable annual cut by more than 5% of the original allowable annual cut, the holder of the tree farm licence is entitled to compensation from the government in an amount determined in accordance with subsection (4).

(3) If, during the deletion period for a tree farm licence,

(

a) a deletion, or

(

b) a series of deletions, if more than one,

from the tree farm licence area, of Crown land to be used for another purpose has the effect of reducing the current allowable annual cut by more than 5% of the original allowable annual cut, the holder of the tree farm licence is entitled to compensation from the government in an amount determined in accordance with subsection (4).

(4) The compensation to which the holder of a tree farm licence is entitled under subsection (2) or (3), as the case may be, is an amount equal to the value, for the unexpired portion of the term of the licence, of the harvesting rights under the licence that are taken by means of the part of the reduction that, in the opinion of the chief forester, exceeds 5% of the original allowable annual cut.

Compensation in respect of community forest

agreement and woodlot licence areas

60.7

(1) In this section:

"current allowable annual cut" means the allowable annual cut for a community forest agreement or woodlot licence immediately before a deletion under

section 60.3;

"original allowable annual cut" means the allowable annual cut for a community forest agreement or woodlot licence at the beginning of the applicable deletion period.

(2) If, during the deletion period for a community forest agreement or woodlot licence,

(

a) a deletion, or

(

b) a series of deletions, if more than one,

from the community forest agreement area or woodlot licence area, of Crown land to be used for an access purpose has the effect of reducing the current allowable annual cut by more than 5% of the original allowable annual cut, the holder of the community forest agreement or woodlot licence is entitled to compensation from the government in an amount determined in accordance with subsection (4).

(3) If, during the deletion period for a community forest agreement or woodlot licence,

(

a) a deletion, or

(

b) a series of deletions, if there are more than one,

from the community forest agreement area or woodlot licence area, of Crown land to be used for another purpose has the effect of reducing the current allowable annual cut by more than 5% of the original allowable annual cut, the holder of the community forest agreement or woodlot licence is entitled to compensation from the government in an amount determined in accordance with subsection (4).

(4) The compensation to which the holder of a community forest agreement or woodlot licence is entitled under subsection (2) or (3), as the case may be, is an amount equal to the value, for the unexpired portion of the term of the agreement or licence, of the harvesting rights under the agreement or licence that are taken by means of the part of the reduction that exceeds 5% of the original allowable annual cut.

Compensation in respect of timber licences

60.8

(1) In this section:

"current timber licence area" means the area that,

immediately before a deletion under

section 60.3, was the area described in

a timber licence;

"original timber licence area" means the area that, at the beginning of the deletion period for a timber licence was the area described in the timber licence.

(2) If, during the deletion period for a timber licence,

(

a) a deletion, or

(

b) a series of deletions, if more than one,

from the current timber licence area, of Crown land to be used for an access purpose has the effect of reducing the current timber licence area by more than 5% of the original timber licence area, the holder of the timber licence is entitled to compensation from the government in an amount determined in accordance with subsection (4).

(3) If, during the deletion period for a timber licence,

(

a) a deletion, or

(

b) a series of deletions, if more than one,

from the current timber licence area, of Crown land to be used for another purpose has the effect of reducing the current timber licence area by more than 5% of the original timber licence area, the holder of the timber licence is entitled to compensation from the government in an amount determined in accordance with subsection (4).

(4) The compensation to which the holder of a timber licence is entitled under subsection (2) or (3), as the case may be, is an amount equal to the value of the harvesting rights under the licence that are taken by means of the part of the reduction that exceeds 5% of the original timber licence area.

Compensation in respect of forest licences or timber sale licences

60.9

(1) In this section:

"current allowable annual cut" means the allowable

annual cut for a forest licence or timber sale licence immediately before a

reduction under

section 60.4;

"original allowable annual cut" means the allowable annual cut for a forest licence or timber sale licence at the beginning of the applicable deletion period.

(2) If, during the deletion period for a forest licence or timber sale licence,

(

a) a reduction, or

(

b) a series of reductions, if more than one,

in the current allowable annual cut for the forest licence or timber sale licence, as a result of the use of Crown land in the timber supply area specified in the licence for an access purpose, reduces the current allowable annual cut by more than 5% of the original allowable annual cut, the holder of the forest licence or timber sale licence is entitled to compensation from the government in an amount determined in accordance with subsection (4).

(3) If, during the deletion period for a forest licence or timber sale licence,

(

a) a reduction, or

(

b) a series of reductions, if more than one,

in the current allowable annual cut for the forest licence or timber sale licence, as a result of the use of Crown land in the timber supply area specified in the licence for another purpose, reduces the current allowable annual cut by more than 5% of the original allowable annual cut, the holder of the forest licence or timber sale licence is entitled to compensation from the government in an amount determined in accordance with subsection (4).

(4) The compensation to which the holder of a forest licence or timber sale licence is entitled under subsection (2) or (3), as the case may be, is an amount equal to the value, for the unexpired portion of the term of the licence, of the harvesting rights under the licence that are taken by means of the part of the reduction that exceeds 5% of the original allowable annual cut.

Access purpose deletions or reductions

unrelated to those for another purpose

60.91

(1) In this section:

"Crown land" does not include Crown land in the

area described in a timber licence;

"current allowable annual cut" means the allowable

annual cut

(

a) that the chief forester determines to be attributable to the Crown land in a tree farm licence area immediately before a deletion under

section 60.2,

(

b) for a woodlot licence or community forest agreement immediately before a deletion under

section 60.3, and

(

c) for a forest licence or timber sale licence immediately before a deletion under

section 60.4;

"original allowable annual cut" means the allowable

annual cut

(

a) that the chief forester determines was attributable at the beginning of the applicable deletion period to the Crown land in a tree farm licence area,

(

b) for a community forest agreement or woodlot licence at the beginning of the applicable deletion period, or

(

c) for a forest licence or timber sale licence at the beginning of the applicable deletion period.

(2) The calculation, for a tree farm licence, community forest agreement, woodlot licence, forest licence or timber sale licence, of the percentage by which a reduction, referred to in

section 60.6 (2), 60.7 (2) or 60.9 (2), for an access purpose exceeds 5% of the original allowable annual cut is separate from the calculation, for that licence or agreement, of the percentage by which a reduction referred to in

section 60.6 (3), 60.7 (3) or 60.9 (3) for another purpose exceeds 5% of the original allowable annual cut.

(3) The calculation, for a timber licence, of the percentage by which a reduction referred to in

section 60.8 (2) for an access purpose exceeds 5% of the original timber licence area is separate from the calculation, for that timber licence, of the percentage by which a reduction referred to in

section 60.8 (3) for another purpose exceeds 5% of the original timber licence area.

Compensation for improvements

60.92 The holder of a tree farm licence, community forest agreement, woodlot licence, timber licence, forest licence or timber sale licence who is the subject of an order made under

section 60, 60.01, 60.2, 60.3 or 60.4 is entitled to compensation from the government in an amount equal to the value of improvements made to Crown land that

(

a) are authorized under an enactment,

(

b) are not improvements to which

section 174 of the Forest Practices Code of British Columbia Act applied, before the repeal of that section, or to which

section 120 of the Forest and Range Practices Act applies, and

(

c) are not, or have not been, paid for by the government under the Forest Act or the former Act as defined in the Forest Act .

Commercial Arbitration Act applies

60.93 If the amount of compensation is not agreed, it must be submitted for determination under the Commercial Arbitration Act .

Compensation may take form of agreement

60.94

(1) On application by the holder of a tree farm licence, community forest agreement, woodlot licence, timber licence, forest licence or timber sale licence, the compensation to which the holder is entitled under sections 60.6 to 60.9, in whole or in part, may take the form of an agreement listed in

section 12 (1).

(2) Without advertising or inviting applications from other persons, the minister, for the purpose of subsection (1), may enter into the agreement with the holder who is entitled to the compensation.

Set-off for benefits previously received

60.95 The amount of compensation to which the holder of a tree farm licence, community forest agreement, woodlot licence, timber licence, forest licence or timber sale licence is entitled under sections 60.6 to 60.9 must be reduced by any financial benefit or other benefit received by that holder from the government arising out of the deletion or reduction that gives rise to the entitlement.

Section 61 (1) is amended by striking out " woodlot licence

area " and substituting " community forest agreement area, woodlot

licence area ".

Section 70 is repealed and the following substituted:

Reductions in allowable annual cut

(1) In this section, "soil disturbance" has the same meaning as it has under the Forest and Range Practices Act .

(2) In a notice served on the holder of a major licence, community forest agreement or a woodlot licence, the chief forester, subject to subsection (3), may reduce the allowable annual cut

(

a) available to the holder of the licence, if it is a tree farm licence, or

(

b) for the licence, if other than a tree farm licence, or for the agreement

by an amount not exceeding the volume of timber that the chief forester determines was on an area authorized for harvest under a cutting permit issued under the licence or agreement.

(3) The chief forester may not make a reduction under subsection (2) unless he or she determines that the holder of the licence or agreement, on the area authorized for harvest, caused or allowed soil disturbance in excess of the limits specified in an operational plan that pertains to the cutting permit referred to in subsection (2).

(4) In a notice served on the holder of a major licence a community forest agreement or a woodlot licence the regional manager, subject to subsection (5), must reduce the allowable annual cut

(

a) available to the holder of the licence, if it is a tree farm licence, or

(

b) for the licence, if other than a tree farm licence, or for the agreement

by an amount not exceeding 5% of the volume of timber that the regional manager determines was on an area authorized for harvest under a cutting permit issued under the licence or agreement.

(5) The regional manager may not make a reduction under subsection (4) unless he or she determines that the holder of the agreement did not establish a free growing stand as required under the Forest and Range Practices Act .

Section 73 (1) is amended by repealing the definition of " operational

plan ".

Section 75.1 is amended in the definition of " volume of

timber harvested "

(

a) by repealing everything before paragraph (

a) and substituting the

following:

"volume of timber harvested" , in relation to a

licence, as defined in

section 75.2, 75.21 or 75.4, a forest licence, as defined

section 75.5, a timber sale licence, as defined in

section 75.5 or a woodlot

licence, as defined in

section 75.5, means the total of the following volumes

that are charged to the licence during the term of the licence, if it is a licence

as defined in

section 75.2 or 75.21, or during the cut control period, if it

is not, in statements issued on behalf of the government to the holder of the

licence: , and

(

b) in paragraph (

e) by striking out " 75.2 " and substituting

" 75.2 or 75.21 ".

Section 75.2 is amended

(

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

(1) In this section, "licence" means a

(

a) timber sale licence that specifies an allowable annual cut,

(

b) forest licence,

(

c) tree farm licence, or

(

d) woodlot licence

originally having a term ending 5 years or less after its commencement date.

(2) The holder of a licence must ensure that the volume of timber harvested during the term of the licence does not exceed a limit equal to the sum of the allowable annual cuts

(

a) authorized for the licence if it is a forest licence, timber sale licence or woodlot licence, or

(

b) available to the holder under the licence if it is a tree farm licence

for the period of the original term of the licence. ,

(

b) by adding the following subsections:

(2.1) The holder of a licence must ensure that the volume of timber harvested under the licence does not exceed the maximum harvestable volume specified in the licence.

(2.2) If compliance with subsection (2) is inconsistent

with compliance with subsection (2.1), subsection (2.1) prevails to the extent

of the inconsistency. ,

(

c) in subsection (3) by striking out " the limit specified in

subsection (2) " and substituting " the applicable limit under subsection

(2) or the limit under subsection (2.1) ", and

(

d) in subsection (4) (

a) by striking out " the applicable limit

referred to in subsection (2) " and substituting " the applicable

limit under subsection (2) or the limit under subsection (2.1) ".

44 The following

section is added

Limit on total cut for forestry licence to cut

and community salvage licence

75.21

(1) In this section, "licence" means a forestry licence to cut or community salvage licence.

(2) The holder of a licence must ensure that the volume of timber harvested under the licence does not exceed the maximum harvestable volume specified in the licence.

(3) If the volume of timber harvested under a licence exceeds the limit specified in subsection (2), the holder of the licence must pay to the government the penalty determined under subsection (4).

(4) The penalty under subsection (3) is the product of

(

a) the volume of timber harvested under the licence that exceeds the limit referred to in subsection (2), and

(

b) the prescribed rate.

(5) A penalty under this

section is in addition to stumpage payable or another penalty under this Act or another enactment.

Section 75.4 (4) is amended by striking out " March 1 "

and substituting " June 30 ".

Section 75.41 is amended

(

a) in subsection (1) (

a) by striking out " forest licence, and "

and substituting " timber sale licence or forest licence, or ",

(

b) in subsection (2) (

a) by striking out " forest licence, or "

and substituting " timber sale licence or forest licence, or ",

and

(

c) by adding the following subsections:

(3) The holder of a licence that provides that a replacement for it must not be offered must ensure that the volume of timber harvested under the licence does not exceed the maximum harvestable volume specified in the licence.

(4) If compliance with subsection (1) or (2) is inconsistent with compliance with subsection (3), subsection (3) prevails to the extent of the inconsistency.

Section 75.5 is amended

(

a) in subsection (1), by striking out " In this section: "

and substituting " In this

section and in

section 75.51: ", and

(

b) by repealing subsections (2) and (3) and substituting the following

subsections:

(2) The first cut control period

(

a) for a forest licence that is not a replacement under

section 15 for another forest licence, or

(

b) for a timber sale licence

is 5 years beginning on January 1 of the calendar year in which the term of the licence begins.

(3) The first cut control period for a woodlot licence that is not a replacement under

section 46 for another woodlot licence is 5 years beginning on

(

a) January 1, or

(

b) the first day of another month, that the district manager may designate,

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

(3.1) For a licence that is a replacement under

section 15 or 46 for another licence,

(

a) the first cut control period is the same as the cut control period for the replaced licence, immediately before its replacement, and

(

b) the volume of timber harvested that, before the replacement, was charged to the replaced licence must be charged to the replacement licence.

Section 75.51 is amended

(

a) in subsections (1) and (2) by striking out " a timber sale

licence that specifies an allowable annual cut " and substituting " a

timber sale licence, ", and

(

b) by adding the following subsections:

(3) The holder of

(

a) a timber sale licence,

(

b) a forest licence, or

(

c) a woodlot licence

that provides that a replacement for it must not be offered must ensure that the volume of timber harvested under the licence does not exceed the maximum harvestable volume specified in the licence.

(4) If compliance with subsection (1) or (2) is inconsistent with compliance with subsection (3), subsection (3) prevails to the extent of the inconsistency.

Section 75.92 is amended by striking out " 56, ".

Section 75.93 is amended

(

a) in subsection (1) by striking out " was in effect on January

1, 2003, " and substituting " was in effect in the period beginning

on January 1, 2003 and ending on November 3, 2003, ",

(

b) in subsections (1) (

a) and (3) by striking out " forest licence "

and substituting " forest licence or timber sale licence ",

(

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

d) and by adding the following:

(

e) for a woodlot licence as defined in

section 75.5

that does not so provide. ,

(

d) in subsection (3) (

b) by striking out " was in effect on

January 1, 2003. " and substituting " was in effect in the period

beginning on January 1, 2003 and ending on November 3, 2003. ", and

(

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

(4) If, after December 31, 2002, any provisions of

(

a) a timber sale licence described in subsection (1), or

(

b) a forest licence described in subsection

(1) that pertain to cut control conflict or are inconsistent with this Division, this Division prevails.

(5) Section 75.2 applies to a licence as defined in

section 75.2 (1) if the licence was in effect in the period beginning on January 1, 2003 and ending on November 3,

Section 75.94 (6) is amended by striking out " subsection (4) "

and substituting " subsection (2) or (4) ".

Section 76 is amended

(

a) by adding the following subsection:

(0.1) In this section, "agreement" does not include

a BC timber sales agreement. ,

(

b) in subsection (1) (

b) by striking out " as defined in the

Forest and Range Practices Act , ",

(

c) in subsection (1) (

c) by striking out " 43.3 (g.1), "

and substituting " 43.3 (g.1), 43.8 (g.1), ", and

(

d) in subsection (1.1) by adding the following paragraph:

(c.1) a community salvage licence if there is a contravention

of the condition described in

section 43.8 (g.1), .

Section 77 is amended by repealing subsections (1) and (1.1) and substituting the following:

(1) If rights under an agreement are under suspension under

section 76 (1) or (2)

(

a) the minister or a person authorized by the minister may cancel the agreement if it is a community forest agreement,

(

b) the chief forester may cancel the agreement if it is a tree farm licence or pulpwood agreement,

(

c) the regional manager may cancel the agreement if it is of a type other than an agreement referred to in paragraph (

a) or (

b) of this subsection,

(

d) the district manager may cancel the agreement if it is of a type other than a forest licence or an agreement referred to in paragraph (

a) or (

b) of this subsection, and

(

e) the regional manager or district manager may cancel a road use permit granted for the agreement to the holder of the agreement.

(1.1) If rights under an agreement are under suspension under

section 76 (1.1), the minister or a person authorized by the minister may cancel the agreement or a road use permit granted for the agreement to the holder of the agreement.

Section 78 is repealed and the following substituted:

BC timber sales – disqualification, suspension and cancellation

(1) By notice served on a person, the timber sales manager, in addition to any other action that may be taken under this Act, may do any or all of the following, if any of the criteria referred to in subsection (2) are met:

(

a) disqualify the person, indefinitely or for a specified period, from being registered as a BC timber sales enterprise;

(

b) disqualify the person from making an application under

Part 3 for a BC timber sales agreement, either in person or through an agent, for a period not exceeding 2 years beginning on the date of the notice;

(

c) suspend, in whole or in part, rights in any BC timber sales agreements held by the person;

(

d) cancel any BC timber sales agreements held by the person.

(2) The timber sales manager may take an action under subsection (1) against a person if satisfied that the person

(

a) has made a material misrepresentation, omission or misstatement of fact in

(

i) an application for registration as a BC timber sales enterprise under the regulations or in information furnished with the application, or

(ii) an application for a BC timber sales agreement or in information furnished with the application,

(

b) has not performed an obligation of the person under a BC timber sales agreement, or

(

c) has not complied with

(

i) this Act or a regulation made under this Act, or

(ii) the Forest and Range Practices Act , the Forest Practices Code of British Columbia Act or a regulation or standard made under either of them.

(3) The timber sales manager may impose conditions with which a person referred to in subsection (1) (

a) to (

c) must comply before a disqualification or suspension under subsection (1) is rescinded.

(4) Despite subsection (1), the timber sales manager must disqualify a person, indefinitely or for a specified period, from being registered as a BC timber sales enterprise if the person

(

a) is the successful applicant for a BC timber sales agreement and does not enter into the agreement, or

(

b) is the holder of a BC timber sales agreement that has been cancelled because the person did not comply with the agreement.

(5) For the purposes of subsection (4), the Lieutenant Governor in Council may make regulations

(

a) specifying periods of disqualification that may differ for different circumstances set out in the regulations, and

(

b) authorizing the timber sales manager to determine, on a case-by-case basis, within prescribed limits and according to prescribed criteria, the period of disqualification.

BC timber sales – district manager powers of suspension and cancellation

78.1

(1) By notice served on a BC timber sales enterprise, the district manager, in addition to any other action that may be taken under this Act or the regulations or the Forest and Range Practices Act or the regulations made under that Act, may suspend, in whole or in part, rights in any BC timber sales agreement held by the person, if the person

(

a) has made a material misrepresentation, omission or misstatement of fact in an operational plan prepared by the person, or

(

b) has not complied with

(

i) this Act or a regulation made under this Act, or

(ii) the Forest and Range Practices Act , the Forest Practices Code of British Columbia Act or a regulation or standard made under either of them.

(2) The district manager may impose conditions with which a person referred to in subsection (1) must comply before a suspension under that subsection is rescinded.

(3) If rights under a BC timber sales agreement are under suspension under

section 78 or under this section, the district manager may cancel a road use permit granted for the agreement to the holder of the agreement.

Section 80 is repealed and the following substituted:

When compensation is not payable

(1) In this section, "compensation" includes damages.

(2) No compensation is payable by the government and proceedings must not be commenced or continued to claim compensation from the government or to obtain a declaration that compensation is payable by the government in respect of an expiry, failure to extend, reduction, deletion or deeming, or a reduction in an allowable annual cut as a result of a determination or a deeming, under any of:

(

a) the following provisions of this Act: sections 8 (1) and (2); 9 (3) and (4); 27 (a); 63, 63.1, 63.2, 68 to 70 and 72 to 74;

(

b) the following provisions of the Forest Act , R.S.B.C. 1996, c. 157, before their repeal: sections 64; 65; 66; 67; 71;

(

c) the following provisions of the Forest Act , R.S.B.C. 1979, c. 140: sections 15 (1); 19 (

b) and (c); 33 (1) and (5); 37 (1); 39 (1);

(

d) the following provisions of the Forest Act , R.S.B.C. 1979, c. 140, before their repeal:

section 44 (3); 95.

Limit on compensation

80.01

(1) In this section:

"agreement" means a tree farm licence, community

forest agreement, woodlot licence, timber licence, forest licence or timber

sale licence;

"compensation" includes damages.

(2) The compensation payable to the holder of an agreement because of or arising out of

(

a) a deletion of Crown land

(

i) under

section 60, 60.01, 60.2 or 60.3, or

(ii) referred to in

section 60.4

affecting the agreement,

(

b) a reduction in allowable annual cut affecting the agreement, or

(

c) a deletion referred to in paragraph (

a) in combination with a reduction referred to in paragraph (

b) is limited to the amount of compensation determined in relation to that agreement under sections 60 to 60.95.

(3) An action or other proceeding must not be brought or continued against the government for compensation in an amount that exceeds the amount limited under this section.

Section 80.2 is repealed and the following substituted:

Forestry Revitalization Act

80.2

(1) In this section:

"Acts" means this Act, the Forest and Range

Practices Act and the Forest Practices Code of British Columbia Act ,

and includes the regulations under each of them;

"group licence interim period" , in relation to

a licence in a group of licences which licence is specified in a minister's

order, means,

(

a) if there is only one reduction in allowable annual cut for that licence under the minister's order, the period beginning on March 31, 2003 and ending on the day on which the minister's order is made for the licence, or

(

b) if there is a series of reductions in allowable annual cut for that licence under the minister's order

(

i) for the first in the series of reductions, the period beginning on March 31, 2003 and ending on the end-date specified in the minister's order for that first reduction, and

(ii) for a further reduction in the series of reductions, the period beginning on the end-date for the previous reduction applicable to the licence and ending on the end-date specified in the minister's order for that further reduction;

"minister's order" means an order made under

section

3 (1) or (2) of the Forestry Revitalization Act ;

"timber licence interim period" , in relation to a timber licence specified in a minister's order, means

(

a) if there is only one reduction in area for that licence under the minister's order, the period beginning on March 31, 2003 and ending on the day on which the minister's order is made for the licence, or

(

b) if there is a series of reductions in area for that licence under the minister's order,

(

i) for the first in the series of reductions, the period beginning on March 31, 2003 and ending on the end-date specified in the minister's order for that first reduction, and

(ii) for a further reduction in the series of reductions, the period beginning on the end-date for the previous reduction applicable to the licence and ending on the end-date specified in the minister's order for that further reduction.

(2) In this

section words and expressions have the same meanings as they have in

section 1 of the Forestry Revitalization Act .

(3) A determination of whether or not the holder of a licence in a group of licences has complied with the Acts, in relation to timber harvesting under the licence, during a group licence interim period must be made

(

a) if there is only one reduction in allowable annual cut for that licence under a minister's order, without regard to the order, or

(

b) if there are a series of reductions in allowable annual cut for that licence under a minister's order, without regard to the order, except as it pertains to the allowable annual cut remaining under the licence after each of the group licence interim periods, in turn, under the order.

(4) A determination of whether or not the holder of a timber licence specified in a minister's order has complied with the Acts, in relation to timber harvesting under the licence, during a timber licence interim period must be made

(

a) if there is only one reduction in area for that licence under a minister's order, without regard to the order, or

(

b) if there are a series of reductions in area for that licence under a minister's order, without regard to the order, except as it pertains to the area of Crown land remaining under the licence after each of the interim periods, in turn, under the order.

Section 90 (4) is repealed and the following substituted:

(4) Subsection (3) does not apply to a timber mark or certificate that pertains to an agreement that is disposed of in accordance with

section 54.

Section 103 (3) is amended by striking out everything before paragraph (

a) and substituting the following:

(3) Despite sections 107 and 108, a person who cuts,

damages, destroys or removes Crown timber without authorization must pay, in

addition to all other amounts payable under this Act, the regulations or another

enactment, stumpage calculated by multiplying the volume or quantity of the

timber that was cut, damaged, destroyed or removed without authorization, as

determined by an official designated by the minister, by the sum of .

Section 105 is amended by adding the following:

(5.1) The policies and procedures referred to in subsection (1) (

c) may require the holder of an agreement to submit information to the government as necessary or desirable for the determination, redetermination or variation of a stumpage rate.

(5.2) The holder of an agreement who is required, under the policies and procedures referred to in subsection (1) (c), to submit the information referred to in subsection (5.1) must comply with the requirement.

Section 109 is amended

(

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

(f.1) a road permit granted for a licence referred to

in this subsection to the licence holder; , and

(

b) by repealing subsection (3) (

b) and substituting the following:

(

b) to defray the costs that are necessary to meet the

requirements of

section 29 (2) of the Forest and Range Practices Act ,

and that are incidental to operations that yield BC timber sales revenue, .

Section 112 is amended by adding the following subsection:

(3) The annual rent payable for a community forest agreement is the portion of the allowable annual cut authorized for the agreement that the regional manager or district manager determines is attributable to the Crown land referred to in

section 43.3 (b), multiplied by the annual rent rate prescribed by the Lieutenant Governor in Council for community forest agreements.

Part 9 is amended by adding the following section:

Definition for

Part 9

121.1 In this Part, "regional manager" includes a person authorized by the regional manager.

Section 143 (1) (

a) and (

c) is repealed and the following substituted:

(

a) a determination, order or decision of a district manager under

section 75.1 (1) (d), 76 (1), (2) or (6), 77 (1) (

d) or (e), 78.1 or 112 (2) or (3),

(

c) a determination, order or decision of a regional manager under

section 59, 59.1 (9) or (10), 70 (4), 75, 75.1 (1) (d), 76 (1), (2) or (6), 77 (1) (

c) or (

e) or 112 (2) or (3).

Section 146 is amended

(

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

(2) An appeal may be made to the Forest Appeals Commission from

(

a) a determination, order or decision of the chief forester, under

section 60.6, 68, 70 (2), 77 (1) (

b) or 112 (1), and

(

b) a determination of an employee of the ministry under

section 105 (1). , and

(

b) in subsection (6) by striking out " subsection (1), "

and substituting " subsection (2), ".

Section 151 is amended

(

a) by repealing subsection (2) (a), (j), (

k) and (l),

(

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

(k.1) for the purposes of

section 39.1,

(

i) the boundary or area of a tree farm licence, and

(ii) limiting the circumstances in which the minister may exercise his or her discretion under that section;

(k.2) for the purposes of

section 58.2 (2.1) and (2.2),

(

i) the 2 year extensions of cutting permits, and

(ii) limiting the circumstances in which the minister

may exercise his or her discretion under

section 58.2 (2.1) or (2.2); ,

(

c) in subsection (2) by repealing paragraph (m),

(

d) in subsection (2) by repealing paragraph (m.1) and substituting the following:

(m.1) what constitutes unduly restricting competition

for the purpose of

section 54.1 or 54.5, including methods to be used, and factors

to be taken into account, in making a determination under

section 54.1 (

a) or

54.5 (1) (b) (ii); ,

(

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

(m.2) for the purposes of sections 60 to 60.95 and 175.2, prescribing respecting value, including but not limited to

(

i) determining value and defining the components that comprise value,

(ii) prescribing methods of evaluation for use in determining value,

(iii) prescribing factors to be taken into account in an evaluation,

(iv) defining the role of evaluators in a determination of value and prescribing qualifications for evaluators that are prerequisite to their participation in the determination of value, and

(

v) prescribing requirements for the selection of an arbitrator;

(m.3) the surrender of an agreement listed in

section

12; , and

(

f) by adding the following subsection:

(9) Regulations under subsection (2) (m.2) may be made retroactive to the date this subsection comes into force, or to a later date that the Lieutenant Governor in Council may specify by regulation, and a regulation made retroactive in accordance with this subsection is deemed to have come into force on the date specified in the regulation.

66 The following sections are added:

Adapting cut control under this Act for the Forestry

Revitalization Act

151.4 The Lieutenant Governor in Council may make regulations he or she considers necessary or desirable for the purpose of adapting

(

a) Division 3.1 of

Part 4 of this Act, and

(

b) the regulations made for that Division,

to take into account the effect of the Forestry Revitalization Act , and orders under that Act, on an agreement listed in the

Schedule to that Act, including but not limited to regulations

(

c) prescribing additional provisions to supplement the provisions of

(

i) Division 3.1 of

Part 4 of this Act, or

(ii) the regulations made for that Division

as the provisions apply in respect of that agreement or its holder,

(

d) varying provisions of that Division or of regulations made for that Division as the provisions apply in respect of that agreement or its holder,

(

e) providing that specified provisions of that Division or of regulations made for that Division do not apply to or in respect of that agreement or its holder, and

(

f) imposing conditions for the purpose of regulations made under this section.

Adapting cut control for provisions respecting

conversion of timber sale licences

151.5 The Lieutenant Governor in Council may make regulations he or she considers necessary or desirable for the purpose of adapting

(

a) Division 3.1 of

Part 4 of this Act, and

(

b) the regulations made for that Division

to take into account the effect of sections 24.1 to 24.91 of this Act on an agreement that is converted, amended, entered into or surrendered under one or more of those sections, including but not limited to regulations

(

c) prescribing additional provisions to supplement the provisions of

(

i) Division 3.1 of

Part 4 of this Act, or

(ii) the regulations made for that Division

as the provisions apply in respect of that agreement or its holder,

(

d) varying provisions of that Division or of regulations made for that Division as the provisions apply in respect of that agreement or its holder,

(

e) providing that specified provisions of that Division or of regulations made for that Division do not apply to or in respect of that agreement or its holder, and

(

f) imposing conditions for the purpose of regulations made under this section.

Section 157 is amended

(

a) by adding the following paragraphs:

(a.1) despite paragraph (a), permitting the holder of a timber licence, replaceable forest licence or replaceable tree farm licence who enters into a contract to agree in writing with the intended contractor that the contract is not a replaceable contract,

(b.1) despite paragraph (b), permitting the holder of

a replaceable contract who enters into a subcontract to agree in writing with

the intended subcontractor that the subcontract is not a replaceable subcontract,

(

b) in paragraph (d) (iii) (

B) by striking out " required by

the government " and substituting " required by the government or

a licence holder ",

(

c) in paragraph (

d) by adding the following subparagraphs:

(iv) requirements relating to the amount of work to be allocated to and performed by a contractor or subcontractor,

(

v) requirements relating to the replacement of contracts or subcontracts on the transfer, subdivision or consolidation of licences and the replacement of subcontracts on the transfer of contracts,

(vi) requirements relating to the determination of rates under contracts and subcontracts,

(vii) requirements relating to the operational and commercial

terms of contracts and subcontracts, , and

(

d) in paragraph (e) (iii) by striking out " paragraph (d) (

i) to (iii) " and substituting " paragraph (d) (

i) to (vii) ".

68 The following sections are added:

Agreement to make a replaceable contract or

subcontract non-replaceable

157.1

(1) Despite

section 160 or a regulation under

section 157, the Lieutenant Governor in Council by regulation

(

a) may permit the holder of a licence and the contractor who are the parties to a replaceable contract pertaining to the licence to amend the replaceable contract by written agreement to provide that it is not replaceable, and

(

b) may permit the holder of a replaceable contract and the subcontractor who are the parties to a replaceable subcontract pertaining to the replaceable contract to amend the replaceable subcontract by written agreement to provide that it is not replaceable.

(2) A contract amended in accordance with a regulation under subsection (1) (

a) ceases to be a replaceable contract.

(3) A subcontract amended in accordance with a regulation under subsection (1) (

b) ceases to be a replaceable subcontract.

(4) A regulation under subsection (1) (

a) granting permission to amend a replaceable contract by written agreement to provide that it is not replaceable does not affect any rights, against the contractor or another person, of a subcontractor who has a replaceable subcontract with the contractor pertaining to the contract.

Waiver by licensees, contractors and subcontractors

of certain rights under regulations

157.2

(1) Despite sections 154 to 160 or a regulation under

section 154, 155 or 157, the Lieutenant Governor in Council by regulation

(

a) may permit the holder of a licence and the contractor who are the parties to a contract pertaining to the licence to amend the contract by written agreement, to provide that one or more specified provisions of regulations under sections 154 to 157 are inapplicable in relation to the contract, and

(

b) may permit the holder of a contract and the subcontractor who are the parties to a subcontract pertaining to the contract to amend the subcontract by written agreement to provide that one or more specified provisions of regulations under sections 154 to 157 are inapplicable in relation to the subcontract.

(2) On and after the effective date of an amendment permitted by regulation under subsection (1) (a), the specified provisions of the regulations that are the subject of the amendment do not apply in respect of the contract.

(3) On and after the effective date of an amendment permitted by regulation under subsection (1) (b), the specified provisions of the regulations that are the subject of the amendment do not apply in respect of the subcontract.

(4) A regulation under subsection (1) (

a) granting permission to amend a contract by written agreement to provide that one or more specified provisions of regulations under sections 154 to 157 are inapplicable in relation to the contract does not affect any rights, against the contractor or another person, of a subcontractor who has a replaceable subcontract with the contractor pertaining to the contract.

Section 163 (1) is amended by striking out " 94 (1), "

and substituting " 94 (1), 105.1, ".

Section 163.1 (2) is amended

(

a) in paragraph (

a) by striking out " interferes " and substituting " interfere", and

(

b) in paragraph (

c) by striking out " intentionally makes a false statement to, or misleads or attempts to " and substituting " intentionally make a false statement to, or mislead or attempt to".

71 Sections 168 and 169 are repealed and the following substituted:

Definition

168 In this Part:

"agreement" means an agreement in the form of a

licence, permit or agreement referred to in

section 12;

"designated area" means an area of Crown land specified

under

section 169 (1).

Specifying Crown land as a designated area

(1) The Lieutenant Governor in Council, by regulation, may

(

a) specify Crown land as a designated area, for a period set out in the regulation, if the Lieutenant Governor in Council believes it is in the public interest to specify the Crown land as a designated area, and

(

b) repeal or amend a regulation under paragraph (a).

(2) The maximum period during which Crown land may continue as a designated area under regulations made under this

section is 10 years, beginning on the day the Crown land first becomes a designated area.

72 Sections 170 (3) (

i) and (

j) and (9) (a), 171 (1), 172 (1), 173 (8)

and 174 (

b) are amended by striking out " agreement listed in

section

12 " and substituting " agreement ".

73 Sections 170 (4) and (5), 171 (2) and 173 (9) are amended by striking

out " the area of Crown land " and substituting " the Crown

land ".

Section 173 is amended

(

a) in subsection (6) by striking out " woodlot licence area "

and substituting " community forest agreement area or woodlot licence

area ",

(

b) in subsection (7) by striking out " or woodlot licence area "

in both places and substituting " , community forest agreement area or

woodlot licence area ", and

(

c) in subsection (10) by striking out " woodlot licence area, "

and substituting " community forest agreement area, woodlot licence area, ".

75 The following sections are added to

Part 13:

No compensation during first 4 years of designation

175.1 During and in respect of the first 4 year period in which Crown land continues as a designated area, no compensation or damages is payable by the government to the holder of any agreement because of or arising out of the designated land status of all or any part of the Crown land to which the agreement relates.

Compensation for 5th and subsequent years of designation

175.2

(1) If Crown land specified under

section 169 as a designated area continues as a designated area for more than 4 years, each holder of an agreement on whom the designated land status, of all or any part of the Crown land to which the agreement relates, has an adverse economic effect is entitled to compensation from the government in an amount determined in accordance with subsection (2).

(2) The compensation to which the holder of an agreement is entitled under subsection (1) is an amount equal to the value of the harvesting rights under the agreement that

(

a) pertain to that part of the period, during which the Crown land specified under

section 169 continues as a designated area, that exceeds 4 years, and

(

b) are not exercisable because of the effect on the agreement of

(

i) the designated land status, of all or any part of the Crown land to which the agreement relates, and

(ii) this Part or actions that, in accordance with this Part, are taken or not taken.

Set-off for benefits previously received

175.3 The amount of compensation payable under

section 175.2 to the holder of an agreement affected by the specification of a designated area must be reduced by any financial benefit or other benefit received by that holder from the government arising out of the specification.

Limit on compensation

175.4

(1) In this section, " compensation" includes damages.

(2) The compensation payable to the holder of an agreement because of or arising out of

(

a) the specification of a designated area,

(

b) an order made under this Part, or

(

c) either of the things specified in paragraphs (

a) or (

b) in combination with the other

is limited to the amount of compensation determined in relation to that agreement under sections 175.2 and 175.3.

(3) No action lies and an action or other proceeding must not be brought or continued against the government for compensation in an amount that exceeds the amount limited under this section.

Forest and Range Practices Act

Section 1 (1) of the Forest and Range Practices Act, S.B.C. 2002,

c. 69, is amended by repealing the definition of " official " and substituting

the following:

"official" in a provision of this Act or the regulations means an employee in the

(

a) ministry of the minister responsible for the administration of this Act, which employee is designated by name or title to be an official by that minister for the purpose of that provision,

(

b) ministry of the minister responsible for the Wildlife Act , which employee is designated by name or title to be an official by that minister for the purpose of that provision, or

(

c) Oil and Gas Commission who is designated by name

or title to be an official by the minister responsible for the Oil and Gas

Commission Act for the purpose of that provision; .

Section 2 is amended

(

a) by repealing subsections (2) and (3) and substituting the following:

(2) Each of the ministers responsible, respectively, for this Act,

Part 7.1 of the Land Act and the Wildlife Act , in writing, may

(

a) delegate a power or duty of that minister under this Act, including a quasi- judicial power or duty, but not including a prescribed power or duty, to a

(

i) person employed in a ministry,

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

(iii) an agent of the Crown,

and this Act, a regulation or a standard applies to the delegate as if the delegate were that minister,

(

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

(

c) vary or revoke a delegation or direction.

(3) Except in prescribed circumstances, a delegate under subsection (2) may subdelegate the power or duty to

(

a) a person employed in a ministry,

(

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

(

c) an agent of the Crown. , and

(

b) in subsection (5) by striking out " Sections 71 and 87 "

and substituting " Sections 71 (2) to (7) and 87 ".

Section 4 (2) is repealed and the following substituted:

(2) A person is not required to prepare a forest stewardship plan under

section 3 (1) or (2) for timber to be harvested or roads to be constructed if the timber harvesting or the road construction

(

a) is only for one or more of the purposes referred to in subsection (1) (

a) to (

e) of this section, or

(

b) is to be carried out in prescribed circumstances or under prescribed conditions.

Section 5 (2) is repealed and the following substituted:

(1.1) The results and strategies referred to in subsection (1) (

b) must be consistent to the prescribed extent with objectives set by government and with the other objectives referred to in

section 5 (1) (b).

(2) A forest stewardship plan must be consistent with timber harvesting rights granted by the government for any of the following to which the plan applies:

(

a) the timber supply area;

(

b) the community forest agreement area;

(

c) the tree farm licence area;

(

d) the pulpwood area.

Section 7 (1.1) is repealed and the following substituted:

(1.1) A proposed forest stewardship plan must be considered to have received the minister's approval under

section 16 (1) for the parts, if any, of the plan, including but not limited to results and strategies described in it, that pertain to a forest development unit that is in effect on the date of the submission of the forest stewardship plan to the minister unless

(

a) one or more of the following events occur during the period specified in subsection (2):

(

i) an enactment applicable to the forest development unit is made or amended;

(ii) an objective set by government applicable to the forest development unit is established, varied or cancelled;

(iii) if specified by regulation, another objective applicable to the forest development unit is established, varied or cancelled by order under this Act or the regulations;

(iv) an area of land in or adjacent to the forest development unit is designated by order under the regulations as a community watershed;

(

v) a community watershed in or adjacent to the forest development unit is varied or cancelled by order under the regulations;

(vi) timber in the vicinity of the forest development unit has suffered catastrophic damage, and

(

b) the minister considers that the forest development unit is inconsistent with the events described in paragraph (

a) that occur.

Section 8 (1) is repealed and the following substituted:

(1) Subject to subsection (2), the holder of a forest stewardship plan, within the applicable period under subsection (1.1), must propose and submit for approval by the minister, amendments to the plan that take into account an event described in

section 7 (1.1) (a) (i), (ii) or (iii) that affects an area under the plan.

(1.1) The applicable period under subsection (1) is

(a) 2 years, or

(

b) a longer period specified

(

i) in an enactment referred to in

section 7 (1.1) (a) (i),

(ii) in an objective set by government referred to in

section 7 (1.1) (a) (ii), or

(iii) in an order referred to in

section 7 (1.1) (a) (iii).

Section 15 (1) is amended

(

a) in the definition of " amendment " by striking

out " objective set by government " and substituting " objective ",

and

(

b) by repealing the definition of " objective " and

substituting the following:

"objective" means

(

a) an objective set by government, and

(

b) an objective that is established under this Act or the regulations

but does not include an objective referred to in

section 13 (3).

Section 16 is amended

(

a) by repealing subsections (1) and (1.1) and substituting the following:

(1) The minister must approve a forest stewardship plan or an amendment to a forest stewardship plan if it conforms to

section 5.

(1.01) A forest stewardship plan or an amendment to a forest stewardship plan conforms to

section 5 if

(

a) a person with prescribed qualifications certifies that it conforms to

section 5 in relation to prescribed subject matter, and

(

b) the minister is satisfied that it conforms to

section 5 in relation to subject matter not prescribed for the purpose of paragraph (a).

(1.1) The minister must approve a woodlot licence plan or an amendment to a woodlot licence plan if it conforms to

section 13.

(1.2) A woodlot licence plan or an amendment to a woodlot licence plan conforms to

section 13 if

(

a) a person with prescribed qualifications, certifies that it conforms to

section 13 in relation to prescribed subject matter, and

(

b) the minister is satisfied that it conforms to

section

13 in relation to subject matter not prescribed for the purpose of paragraph

(a). ,

(

b) in subsection (2.1) by striking out " Before approving a

plan or amendment, the minister " and substituting " Except in prescribed

circumstances, before approving a plan or amendment, the minister may ",

and

(

c) by adding the following subsections:

(4) If the minister receives information that gives the minister reason to believe that a forest stewardship plan, woodlot licence plan, or an amendment to either, did not, at the time of its approval under this section, conform, in relation to

(

a) the prescribed subject matter referred to in subsection (1.01) (

a) to

section 5, or

(

b) the prescribed subject matter referred to in subsection (1.2) (

a) to

section 13

the minister, after giving the holder of the plan an opportunity to be heard,

(

c) may determine whether the plan conformed, at the time of its approval, with,

(

i) section 5 in relation to the subject matter mentioned in paragraph (a), or

(ii)

section 13 in relation to the subject matter mentioned in paragraph (b), and

(

d) in the case of a plan determined under paragraph (

c) to be non-conforming, may order the holder to amend the plan to so conform, by a date specified in the order.

(5) The holder of a forest stewardship plan or woodlot licence plan who receives notice of an order made under subsection (4) must comply with the order.

Section 19 (2) is repealed and the following substituted:

(2) Section 8 does not apply to the portion of the area to which a forest stewardship plan applies

(

a) which portion is subject to a cutting permit, road permit or timber sale licence,

(

b) over which portion a road referred to in subsection (4) is or has been constructed, or

(

c) which portion conforms to prescribed criteria.

Section 22.1 (2) (

c) is amended by striking out " Geothermal

Resources Act or Petroleum and Natural Gas Act , " and substituting

" Geothermal Resources Act , Petroleum and Natural Gas Act

or Pipeline Act , ".

Section 22.2 (3) is amended by striking out " subsection (1) "

and substituting " subsection (2) ".

Section 22.3 (1) (

a) is amended by striking out "

section 21.1

(1) or (2) " and substituting "

section 22.1 (1) or (2) ".

Section 25 is repealed and the following substituted:

Sanitation exemption

25 The minister may exempt a person in writing from specified provisions of this Act, the regulations or the standards if the minister considers it necessary or desirable so that the person may follow a course of action specified by the minister for the purposes of limiting or mitigating or both limiting and mitigating the spread of forest pests.

Section 29 (5) to (10) is repealed.

90 The following

section is added:

Transfer of obligation to establish a free growing stand

29.1

(1) A person who, under

section 29 or

Part 11, has an obligation to establish a free growing stand may transfer the obligation to another person by agreement if

(

a) the agreement to transfer is in writing,

(

b) the transfer meets the prescribed requirements, and

(

c) the parties to the agreement submit it to the minister and the minister approves it.

(2) An agreement referred to in subsection (1) has no effect if it does not receive the minister's approval under subsection (1) (c).

(3) A person to whom an obligation to establish a free growing stand was transferred by agreement under this

section may transfer the obligation by agreement to another person if

(

a) the latter agreement to transfer is in writing,

(

b) the transfer meets the prescribed requirements, and

(

c) the parties to the latter agreement submit it to the minister and the minister approves it.

(4) An agreement referred to in subsection (3) has no effect if it does not receive the minister's approval under subsection (3) (c).

(5) Without limiting subsections (1) (

b) and (3) (b), the transfer must include the stocking requirements that pertain to the area.

(6) A person to whom an obligation to establish a free growing stand is transferred under this

section may amend the stocking requirements that pertain to the area.

(7) If the minister approves an agreement under subsection (1) (

c) or (3) (c), the person who transferred the obligation is no longer required, as of the date of the approval, to meet the obligation.

(8) If the minister approves an agreement under subsection (1) (

c) or (3) (

c) and the person to whom the obligation is transferred is the holder of an agreement listed in

section 12 of the Forest Act ,

(

a) the transferred obligation is conclusively deemed to be an obligation under the holder's agreement, and

(

b) any security provided in respect of the holder's agreement is conclusively deemed to be security for the purposes of the transferred obligation,

except in prescribed circumstances.

Section 30 (1) (

a) is amended by adding " forestry licence

to cut, " after " timber licence, ".

Section 66 (6) is repealed and the following substituted:

(6) The official who issued an order under subsection (1) or the minister

(

a) must rescind the order if the official or the minister determines that there were insufficient grounds for issuing the order, and

(

b) may rescind the order in prescribed circumstances.

Section 67 is amended

(

a) by repealing subsection (3) (

b) and substituting the following:

(

b) after giving the person from whom the timber, chattels,

timber products or hay seized under subsection (1) (b), (c), (

d) or (

g) an opportunity

to be heard, sell at a public auction the timber, chattels, timber products

or hay. , and

(

b) in subsection (7) by striking out " may by used " and

substituting " may be used ".

Section 74 is amended

(

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

(1) If the minister determines that a person who

(

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

(

b) is in a prescribed category of persons

has contravened a provision of this Act, the Forest

Practices Code of British Columbia Act , or a regulation or standard made

under either Act, the minister may order the person to do work reasonably necessary

to remedy the contravention. , and

(

b) by repealing subsection (3) (

b) and substituting the following:

(

b) after giving the person an opportunity to be heard,

carry out the work; .

Section 76 is repealed.

96 The following

section is added:

Extension of due date for administrative penalties

and other charges, on review or appeal

76.1 Despite

section 130 (1) (

a) of the Forest Act , if

(

a) an order or other determination under this Act imposes an administrative penalty or other charge against a person, and

(

b) the person, under

section 80 or 82 of this Act may request a review of the order or other determination or may appeal the order or other determination,

the penalty or charge is due and payable on the date the stay under

section 78 of this Act ceases to apply.

Section 77 (1) is amended by striking out everything before paragraph (

d) and substituting the following:

(1) The minister, by order that meets the prescribed requirements, may require a person who is the holder of an agreement under the Forest Act or the Range Act or is in a prescribed category of persons to

(

a) remedy,

(

b) mitigate, or

(

c) stop,

in a manner and to the extent that is reasonable in the

circumstances,

an act or omission of the person that the minister reasonably

believes will result in a contravention of the Acts and will or probably will

cause .

98 The heading to Division 4 of

Part 6 is repealed and the following substituted:

Division 4 – Corrections, Reviews and Appeals .

Section 78 (2) is amended by striking out " on being satisfied

that a stay would be contrary to the public interest " and substituting

" on being satisfied that a stay or a stay without those conditions,

as the case may be, would be contrary to the public interest ".

Section 80 is amended

(

a) in subsection (1) by striking out " 107 or 108 " and

substituting " 107, 108, 112 (1) (

a) or 155 (2) ", and

(

b) in subsection (2) by striking out " minister " and substituting

" person conducting the review ".

Section 83 (2) is amended by striking out "

section 84 (3) "

and substituting "

section 84 (2) ".

Section 87 is amended

(

a) in subsection (3) (

b) by striking out " order under

section

26 (6), 27 (2), 51 (7) or (8), 54 (2), 57 (4), 66 (1) 74 (1), 77 (1) or (2),

77.1 (1) or (2), " and substituting " order under

section 16 (5),

26 (6), 27 (2), 51 (7) or (8), 54 (2), 57 (4), 58 (1), 66 (1) 74 (1), 77

(1) or (2), 77.1 (1) or (2), ", and

(

b) in subsection (4) by striking out " 51 (6), ".

Section 97 (1) (

b) is amended by striking out " is ".

104 The following

section is added:

Definition for sections 107 and 108

106.1 In sections 107 and 108, "operational plan" includes

(

a) a forest development plan,

(

b) a logging plan,

(

c) a range use plan, and

(

d) a site level plan

to which

Part 11 of this Act applies.

Section 107 is repealed and the following substituted:

Limitation on liability of persons to government

(1) A person who is the holder of an agreement under the Forest Act or the Range Act or who meets the prescribed requirements may submit to the district manager a written declaration specifying

(

a) obligations under this Act, the regulations or standards, or under an operational plan, permit or other authorization, that have been fulfilled, and

(

b) any of the following things to which the fulfillment of the obligations is relevant:

(

i) cutblocks and roads;

(ii) operational plans;

(iii) permits.

(2) The declaration under subsection (1) must

(

a) be signed by the person referred to in that subsection or on that person's behalf by an individual or the individuals authorized in that regard, and

(

b) specify the date on which the declaration is made.

(3) Subject to subsections (4) to (6), on the date of the declaration submitted and signed in accordance with subsections (1) and (2), the person who submitted the declaration is deemed to have fulfilled the specified obligations that are referred to in subsection (1) (a).

(4) If

(

a) within the prescribed period after receiving a declaration submitted by a person under subsection (1), and

(

b) after giving the person an opportunity to be heard,

the minister determines by order that an obligation specified in the declaration has not been fulfilled, the minister must give written notice of the order to the person, including with the notice the reasons for the order.

(5) The minister must not give written notice under subsection (4) of an order to the effect that an obligation in respect of establishing a free growing stand on an area has not been fulfilled unless the minister has determined that

(

a) a free growing stand has not been established, or

(

b) a free growing stand has been established and the following circumstances apply:

(

i) at the time the declaration was made, the stand was under threat from

(

A) competing plants, shrubs or other trees established on the area, or

(

B) factors adverse to forest health in the area;

(ii) as a result of the threats referred to in subparagraph (i), the stand is unlikely to remain a free growing stand without further treatment.

(6) A person who submits a declaration under subsection (1) remains responsible for fulfilling an obligation that under subsection (1) (

a) was specified as having been met if

(

a) the minister has determined by order under subsection (4), of which notice has been given in accordance with that section, that the obligation has not been fulfilled, or

(

b) the person

(

i) made a material misrepresentation or misstatement of fact in the declaration in relation to the obligation, or

(ii) omitted information from the declaration that the person knew or ought to have known was material to determining whether the obligation had been fulfilled.

Section 108 (6) is amended by striking out " before the coming

into force of this subsection " and substituting " before December

17, 2002 ".

Section 109 (5) is repealed.

Section 112 is amended by adding the following subsection:

(3) If a person is the subject of an order, exemption or condition under this Act or the regulations, the person must comply with the order, exemption or condition.

Section 113 is repealed and the following substituted:

Extension of time

113 The minister, or a person the minister authorizes in writing, may extend a time required to do anything under

(

a) this Act other than

(

i) an appeal of a determination,

(ii) the time within which a proceeding must or may be commenced, or

(iii) the time within which the minister must give the notice referred to in

section 107 (4), or

(

b) the regulations or the standards unless the regulations or standards specifically provide otherwise.

Section 114 is repealed and the following substituted:

Evidence of designation or delegation

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

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

(2) A document, purporting to have been issued by

(

a) the minister responsible for the administration of this Act,

(

b) the minister responsible for the administration of

Part 7.1 of the Land Act , or

(

c) the minister responsible for the administration of the Wildlife Act

and certifying that the minister has made a delegation under this Act or the regulations, is admissible as evidence of the delegation without proof of the signature or official character of the minister purporting to have signed the document.

Section 116 (2) is repealed.

Section 120 (2) is amended by striking out " at the person's

own expense " and substituting " at the person's own expense unless

another provision of this Act or the regulations specifically provides otherwise ".

Section 121 (

d) is repealed and the following substituted:

(

d) a person responsible for establishing a free growing

stand as a result of an agreement referred to in

section 29.1 (1) or (3), .

Section 135 is repealed and the following substituted:

Special reports

135 If the chair considers a special report to be in the public interest, he or she may make a special report to the minister or comment publicly respecting a matter relating generally to the performance of the board's duties under this Act or to a particular case investigated by the board.

Section 151 is amended by adding the following:

(3) The Lieutenant Governor in Council may make regulations respecting the transfer of obligations to establish a free growing stand, including but not limited to prescribing

(

a) stocking requirements that must be met, and

(

b) security that must be provided as part of the transfer of the obligation.

Section 170 (1) is repealed and the following substituted:

(1) The Forest Practices Advisory Council is continued and renamed as the Forest and Range Practices Advisory Council

(

a) to undertake periodic reviews of the requirements that apply to operational planning and forest practices or range practices under this Act, the regulations and the standards, and

(

b) to make recommendations to the minister on any specific matter relevant to this Act that is referred to the council by the minister,

and by regulation may be disestablished or re-established.

117 The following

section is added:

Offences during transition

177.1 A person who, on or after the effective date, contravenes a requirement that before the effective date, it was an offence under the Code or Code regulations to contravene, commits an offence and is liable on conviction

(

a) to a fine not exceeding the maximum amount specified in the Code or the Code regulations for that offence,

(

b) to imprisonment not exceeding the maximum amount specified in the Code or the Code regulations for that offence, or

(

c) to both.

Section 186 is amended by striking out " holder of a woodlot

licence " and substituting " holder of a woodlot licence or of a

licence to cut ".

Section 195 (1) is amended by striking out " cutting permit

or road permit " and substituting " cutting permit, road permit

or licence to cut ".

Section 197 is amended

(

a) in subsection (4) by striking out " The approval of a forest

stewardship plan " and substituting " Unless otherwise specified

in a forest stewardship plan, the approval of the plan ",

(

b) in subsection (5) by striking out " the stocking standards

in the plan remain in effect " and substituting " unless otherwise

specified in a forest stewardship plan, the stocking standards in the plan remain

in effect ", and

(

c) in subsection (7) (

a) by striking out " cutting permit in

effect " and substituting " cutting permit or licence to cut in

effect ".

Section 202 (3) is amended by striking out " woodlot licence "

and substituting " woodlot licence plan ".

Section 203 is amended by adding the following subsection:

(3) This

section does not apply to a holder of a licence to cut that is granted under a pulpwood agreement.

Section 204 is amended by adding the following subsection:

(3) Despite subsections (1) and (2), a holder of a master licence to cut, as defined in

section 47.4 (1) of the Forest Act , who harvests timber on an area under a cutting permit, whenever issued, must comply with the requirements of the Code and the Code regulations that pertain to the licence.

Section 205 (2) is repealed and the following substituted:

(2) If the circumstances in subsection (1) (

a) to (

d) have not occurred, the person who prepared a range use plan referred to in subsection (1), whether the district manager or the holder, remains responsible for preparing

(

a) any amendments to the plan, or

(

b) any replacement of the plan

required under the Code and the Code regulations.

Section 214 is amended

(

a) by adding the following subsection:

(1.1) In accordance with the regulations, the board must

deal with complaints from the public respecting prescribed matters that relate

to a person's compliance with Parts 3 to 5 of the Code and with the Code regulations

in relation to those Parts. ,

(

b) in subsection (2) by striking out " an audit or investigation,

under subsection (1) " and substituting " an audit or investigation

under subsection (1) and a complaint investigation under subsection (1.1) ",

and

(

c) by adding the following subsection:

(3) In accordance with the regulations, the board may request the minister to review the approval of, or the giving effect to, a forest development plan or range use plan or an amendment to either if

(

a) the approval was made, or the plan or amendment was given effect, after the effective date as defined in

section 177, and

(

b) the request for review was made not later than 45 days after

(

i) the notice of the approval was given to the holder of the approved plan, or

(ii) the date on which the plan or amendment was given effect.

Section 215 is amended

(

a) by adding the following subsection:

(1.1) In accordance with the regulations, the board must

deal with complaints from the public respecting prescribed matters that relate

to a person's compliance with

Part 5 of the Code and with the Code regulations

in relation to those Parts. , and

(

b) in subsection (2) by striking out " an audit or investigation

under subsection (1) " and substituting " an audit or investigation

under subsection (1) and a complaint investigation under subsection (1.1) ".

Forest and Range Practices Amendment Act, 2003

127 The following provisions of the Forest and Range Practices Amendment Act, 2003, S.B.C. 2003, c 55, are repealed:

(

a) the portion of

section 76 that amends sections 12 and 22 (d), (

e) and (

g) of the Forest Act;

(

b) section 77;

(

c) the portion of

section 80 that amends sections 41 (

g) and 42 (2) (b) (ii) and (iv) and (c) (iii) (

D) and (3) (

e) of the Forest Act;

(

d) section 81;

(

e) the portion of

section 82 that amends

section 51 (2) (a) (ii) and (

c) of the Forest Act;

(

f) section 83 (

b) and (c);

(

g) the portion of

section 84 that amends sections 78 (1) (a) (iii) and (

c) and 81 (3) (

c) and (5) (

d) of the Forest Act;

(

h) sections 85 and 86;

(

i) the portion of

section 92 that repeals

section 41 (8) to (13) of the Forest Practices Code of British Columbia Act;

(

j) the portion of

section 101 that repeals

section 171 of the Forest Practices Code of British Columbia Act;

(

k) the portion of

section 103 that repeals

section 220 of the Forest Practices Code of British Columbia Act.

Forest Practices Code of British Columbia Act

Section 2 of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, is amended

(

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

(1) Private land described in a tree farm licence or woodlot licence and Crown land must be managed and used in a way that is consistent with one or more of the following:

(

a) timber production, utilization and related purposes;

(

b) forage production and grazing by livestock and wildlife and related purposes;

(

c) recreation, scenery and wilderness purposes;

(

d) water, fisheries, wildlife, biological diversity and cultural heritage resource purposes;

(

e) another prescribed purpose. ,

(

b) by repealing subsections (2) and (3), and

(

c) by repealing subsections (4) and (5) and substituting the following:

(4) Despite subsections (1) to (3), under the Coal Act , the Geothermal Resources Act , the Mineral Tenure Act or the Petroleum and Natural Gas Act , a person may use or occupy Crown land if the person does so in accordance with the regulations and, if required by the regulations, with a special use permit.

(5) If required by the regulations, a person must obtain a special use permit before using or occupying Crown land.

Forest (Revitalization) Amendment Act, 2003

Section 9 of the Forest (Revitalization) Amendment Act, 2003, S.B.C. 2003, c. 30, as it enacts

section 54.8 (2) of the Forest Act is repealed.

Forestry Revitalization Act

Section 3 of the Forestry Revitalization Act, S.B.C. 2003, c. 17, is amended

(

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

(1) By order in writing, the minister

(

a) must attribute a reduction in area under

section 2 (2) in equal or unequal portions, specified in the order, to one or more of the timber licences held by a licensee that is the holder of one or more licences in a group of licences, and

(

b) for a timber licence to which all or a part of the reduction referred to in paragraph (

a) is attributed, may provide that the reduction is to be accomplished by means of

(

i) one reduction, or

(ii) a series of reductions occurring on different dates specified in an order.

(1.1) By order in writing, the minister must specify, for each of the timber licences referred to in subsection (1), the part of the area of Crown land described in the timber licence that remains after

(

a) the reduction made by

section 2 (2), and

(

b) the attribution under subsection (1).

(2) By order in writing, the minister

(

a) must attribute a reduction of allowable annual cut under

section 2 (3) in equal or unequal portions, specified in the order, to one or more of the licences in a group of licences, and

(

b) for a licence to which all or a part of the reduction referred to in paragraph (

a) is attributed, may provide that the reduction is to be accomplished by means of

(

i) one reduction, or

(ii) a series of reductions occurring on different dates

specified in an order. , and

(

b) by repealing subsection (5) and substituting the following subsection:

(5) A minister's order under this

section

(

a) may be made on any date in the 3 years after March 31, 2003,

(

b) may differ for different timber, places or transactions or for different licences or timber licences, and

(

c) on the date on which it is made

(

i) is deemed to have come into force on March 31, 2003, and

(ii) is retroactive to the extent necessary to give it effect on and after March 31, 2003.

Section 6 is amended

(

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

(1) Each holder of an ungrouped licence is entitled to

compensation from the government for a reduction under

section 2 (1) of the

allowable annual cut of the ungrouped licence, in an amount equal to the value,

for the unexpired portion of the term of the licence, of the harvesting rights

taken by means of the reduction. ,

(

b) in subsection (2) by striking out " , which value must be

determined under the regulations ",

(

c) by repealing subsection (3) and substituting the following:

(3) Each holder of a licence in a group of licences is

entitled to compensation from the government in respect of the part, if any,

of a reduction of the allowable annual cut of the licence that is made under

section 2 (3) and that is attributed under

section 3 (2) to that licence, in

an amount equal to the value, for the unexpired portion of the term of the licence,

of the harvesting rights taken by means of the reduction. ,

(

d) in subsection (5) by striking out " on the date this

section

comes into force " and substituting " on March 31, 2003 ",

and

(

e) by repealing subsection (7).

Section 8 (1) is amended by striking out " the date this Act

receives Royal Assent " and substituting " March 31, 2003 ".

Section 13 is amended

(

a) by repealing subsection (2) (b) (

v) and substituting the following:

(

v) prescribing requirements for the selection of arbitrators.

, and

(

b) by adding the following subsection:

(5) Regulations under this

section may be made retroactive to March 31, 2003 or to a later date the Lieutenant Governor in Council may specify by regulation and a regulation made retroactive in accordance with this subsection is deemed to have come into force on the date specified in the regulation.

134 The

Schedule is amended

(

a) by repealing item 10 and substituting the following:

GORMAN BROS. LUMBER GROUP

7 030

Gorman Bros. Lumber Ltd.

A18671

Gorman Bros. Lumber Ltd.

A20173

(

b) by adding the following item:

12.1

Lakeland Mills Ltd.

A18163

12 457

(

c) by repealing item 18,

(

d) by adding the following item:

22.1

The Pas Lumber Company Ltd.

A18171

76 385

(

e) by repealing item 24 and substituting the following:

TOLKO GROUP

246 595

Tolko Industries Ltd.

A18672

Tolko Industries Ltd.

A18686

Tolko Industries Ltd.

A18696

Tolko Industries Ltd.

A20010

Forest Stand Management Fund Act

Section 1 (3) of the Forest Stand Management Fund Act, R.S.B.C. 1996, c. 161, is repealed.

Forests Statutes Amendment Act, 1998

Section 5 of the Forests Statutes Amendment Act, 1998, S.B.C. 1998, c. 29, as it enacts

section 43.2 of the Forest Act is repealed.

Protected Areas Forests Compensation Act

Section 1 of the Protected Areas Forests Compensation Act, S.B.C.

2002, c. 51, is amended by repealing the definition of " compensation ".

Section 3 is amended by striking out " under

section 60 of

the Forest Act " and substituting " under

section 60 of the

Forest Act as that

section read at the time of the deletion ".

Section 4 (1) is amended by striking out " under

section 60

of the Forest Act " and substituting " under

section 60 of

the Forest Act as that

section read at the time of the reduction ".

Section 6 is amended by adding " or damages " after " for

compensation ".

Section 7 is amended by adding the following subsection:

(0.1) In this section, "compensation" includes damages.

No application to settled claims of licence holders

142 The amendments made by

section 75 of this Act to

Part 13 of the Forest Act do not apply in respect of a claim by the holder of an agreement against the government for compensation because of

(

a) the specification of a designated area, or

(

b) an order

under

Part 13 of the Forest Act if, before the coming into force of this section, the holder has agreed with the government for the settlement of the claim.

No action or proceeding arising out of certain amendments under this Act

143 No action lies, and an action or other proceeding must not be brought or continued against the government, for compensation or damages arising as a direct or indirect consequence of

(

a) the amendments made by this Act to

Part 13 of the Forest Act , or

(

b) sections 144 and 145 of this Act.

Application of sections 60 to 60.95, 80, 80.1 and 151

(2) (m.2) of the Forest Act

(1) In this section:

"agreement under the Forest Act " means an

agreement entered into under that Act in the form of a tree farm licence, woodlot

licence, timber licence, forest licence, timber sale licence or community forest

agreement;

"effective date" means the date this

section comes into force;

"former

section 60" means

section 60 of the Forest Act as it read immediately before the effective date.

(2) Sections 60 to 60.95, 80, 80.1 and 151 (2) (m.2) and (9) of the Forest Act apply on and after the effective date for the purposes of determining

(

a) if the holder of an agreement under the Forest Act is entitled, because of a reduction or deletion under those sections after the effective date, to compensation from the government, and

(

b) the amount, if any, of the compensation.

(3) Despite

(

a) the repeal of the former

section 60 of the Forest Act by

section 38 of this Act, and

(

b) the amendments to the Forest Act made by sections 38 and 55 of this Act,

the former

section 60 continues to apply for the purposes of determining

(

c) if the holder of an agreement under the Forest Act is entitled, because of a reduction or deletion under the former

section 60, to compensation from the government, and

(

d) the amount, if any, of the compensation.

Application of

Part 13 of the Forest Act as amended

by this Act

(1) In this section:

"agreement" means an agreement as defined in

section 168 of the Forest Act ;

"effective date" means the date this

section comes

into force.

(2) Without limiting the application of

section 151 (2) (m.2) and (9) or

Part 13 of the Forest Act , as that Act is amended by this Act, to and in respect of

(

a) Crown land that on or after the effective date is specified under

section 169 of the Forest Act as a designated area, and

(

b) the holder of an agreement in respect of the Crown land referred to in paragraph (a),

section 151 (2) (m.2) and (9) and

Part 13 of the Forest Act , as that Act is amended by this Act, apply to and in respect of

(

c) Crown land that

(

i) was specified under

section 169 of the Forest Act as a designated area before the effective date, and

(ii) is a designated area under

Part 13 of the Forest Act under a regulation under that Part that remains in effect as of the effective date, and

(

d) the holder of an agreement in respect of the Crown land referred to in paragraph (c).

Repeal of the Forest Practices Code of British Columbia

Act

146 The Forest Practices Code of British Columbia Act is repealed.

Commencement

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

Item

Column 1

Provisions of Act

Column 2

Commencement

Anything not elsewhere covered by this table

The date of Royal Assent

Sections 2, 21 and 22

By regulation of the Lieutenant Governor in Council

That part of

section 23 that enacts

section 43.51 of the Forest Act

By regulation of the Lieutenant Governor in Council

Sections 25, 78 to 81, 83, 84, 89, 90, 94, 97, 102 and 113

By regulation of the Lieutenant Governor in Council

Sections 131 and 134

March 31, 2003 and are retroactive to the extent

necessary to give effect to them on and after that date

Section 146

By regulation of the Lieutenant Governor in Council

Explanatory Notes

Forest Act

SECTION 1: [Forest Act,

section 1]

amends the definition of allowable annual cut to include community forest

agreements, that will now refer to an allowable annual cut instead of to a

"rate of timber harvesting";

in the definition of BC timber sales agreement adds the references to "permit"

and to paragraph (f.1);

repeals

definitions of expressions no longer used in the Act;

adds the definition of objectives set by government;

makes housekeeping changes to the

definitions of operational plan and of

pulpwood area.

SECTION 2: [Forest Act,

section 6] removes the discretion to

designate wilderness areas.

SECTION 3: [Forest Act,

section 8] makes a change because community

forest agreements will now refer to an allowable annual cut instead of to a

"rate of timber harvesting".

SECTION 4: [Forest Act,

section 12] removes the discretion of

a district manager, a regional manager or the minister to enter into timber

sale licences. This will now be in the sole discretion of the timber sales manager.

SECTION 5: [Forest Act,

section 14]

provides the option for a forest licence to specify either a timber supply

area or tree farm licence area;

requires a forest licence to specify a maximum volume of timber to ensure

that the awarded volume is not exceeded if the term is extended.

SECTION 6: [Forest Act,

section 16] in the provision respecting

the surrender of tree farm licences, repeals a subsection that refers to procedures

under

section 34, a repealed provision.

SECTION 7: [Forest Act,

section 19] adds the references to amendments

section 19 (6).

SECTION 8: [Forest Act,

section 20] is consequential to the amendment

made to

section 12 of the Act by this Bill.

SECTION 9: [Forest Act,

section 22]

repeals the provision allowing timber sale licences to provide for cutting

permits because that flexibility is no longer needed;

makes a change as a consequence of the amendment made to

section 12 of the

Act by this Bill.

SECTION 10: [Forest Act,

section 24.4] amends the provision that

allows the addition of "timber sale licence allowable annual cut" to forest

licences to clarify its application to one or more pre-existing licences.

SECTION 11: [Forest Act,

section 24.9] makes a correction to

provide that the date of conversion, of the referenced pre-existing licence,

into a forestry licence to cut is the pre-existing licence's deemed date of

surrender.

SECTION 12: [Forest Act,

section 31] authorizes the regional

manager to extend the term of a timber licence for up to 3 years on application

of the licence holder and removes the discretion to do so without the consent

of the licence holder.

SECTION 13: [Forest Act,

section 33] corrects a cross reference

SECTION 14: [Forest Act,

section 35] recasts

section 35 (1) (

h) for clarity and updates cross references.

SECTION 15: [Forest Act,

section 35.1] amends

section 35.1 of

the Act to eliminate as unneeded the definition of forest resources and to refer

to "objectives set by government" instead of to "higher level plans".

SECTION 16: [Forest Act,

section 36] updates cross references.

SECTION 17: [Forest Act,

section 39] adds the references to amendments

section 39 (6).

SECTION 18: [Forest Act,

section 39.1] allows the minister to

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

SECTION 19: [Forest Act,

section 41] substitutes a reference

for the more recent of the 2 statutes.

SECTION 20: [Forest Act,

section 43.1] repeals the definition

of "botanical forest product", an expression that may be defined by regulation,

if need be.

SECTION 21: [Forest Act,

section 43.2] provides for the minister

or a person authorized by the minister to invite applications for a probationary

community forest agreement and to enter into such an agreement with the successful

applicant.

SECTION 22: [Forest Act,

section 43.5] repeals provisions relating

to community forest pilot agreements as a consequence of the addition to the

Act by this Bill of

section 43.51 providing for the direct award of probationary

community forest agreements.

SECTION 23: [Forest Act, sections 43.51, 43.52 and 43.53]

provides for direct awards of probationary community forest agreements

in the way that

section 43.5 of the Act, partially repealed by this Bill,

provided for community forest pilot agreements;

provides for a change in a community forest agreement boundary or area;

enacts a transitional provision because community forest agreements will

now refer to an allowable annual cut instead of to a "rate of timber harvesting".

SECTION 24: [Forest Act,

section 43.8] requires that a community

salvage licence between the government and a first nation or its representative

must contain the statement described.

SECTION 25: [Forest Act,

section 44] recasts

section 44, respecting

inviting applications for and entering into woodlot licences with successful

applicants, to provide for the Lieutenant Governor in Council to prescribe requirements

for applications and the evaluation of applications.

SECTION 26: [Forest Act,

section 45]

doubles the amount of Crown land permitted in a woodlot licence area;

substitutes a reference to the more recent of the 2 statutes;

removes a cross reference as a consequence of the changes made to

section

44 by this Bill;

makes reference to objectives set by government.

SECTION 27: [Forest Act,

section 47.3] corrects a typographical

error.

SECTION 28: [Forest Act,

section 47.4] corrects a cross-reference.

SECTION 29: [Forest Act,

section 47.5]

substitutes a reference to the more recent of the 2 statutes;

recasts subsection (2) in order to no longer adopt by reference subsection

(1) (

a) and (

b) but, instead include in subsection (2) paragraphs (

b) and

(d). In doing so the payment of stumpage and wastage is required whenever

timber is harvested;

in paragraph (

c) incorporates, with changes to provide more precision and

control, the subject matter covered in paragraph (

c) of the present Act.

SECTION 30: [Forest Act,

section 47.6]

increases the volume of timber under a forestry licence to cut described

section 47.6 (2) (

a) that the regional manager or district manager may

enter into for the purposes described in

section 47.6 (2) (

a) or (b);

expands

section 47.6 (2) (

c) of the Act by adding "or under the regulations";

enables the regional manager or district manager to enter into forestry

licences to cut for the removal of Crown timber from Crown land or private

land;

enables authorized forest officers to ent