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Volume 60, No. 23

237/2017

The British Columbia Gazette,

Part II

December 19, 2017

B.C. Reg. 237/2017 , deposited December 12, 2017, under the FORESTS, LANDS AND NATURAL RESOURCE OPERATIONS STATUTES AMENDMENT ACT, 2016 [section 50] and the FOREST ACT [sections 75.07, 151 and 151.01]. Order in Council 547/2017, approved and ordered December 12, 2017.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that

(

a) sections 13 and 17 of the Forests, Lands and Natural Resource Operations Statutes Amendment Act, 2016 , S.B.C. 2016, c. 11, are brought into force, and

(

b) the Allowable Annual Cut Partition Regulation, B.C. Reg. 32/2011, is amended as set out in the attached Schedule.

— D. DONALDSON, Minister of Forests, Lands, Natural Resource Operations and Rural Development ; M. MARK, Presiding Member of the Executive Council .

Schedule

Section 1 of the Allowable Annual Cut Partition Regulation, B.C. Reg. 32/2011, is amended by adding the following

definitions:

“AAC” means allowable annual cut;

“AAC available” means allowable annual cut available;

“AAC partition” means allowable annual cut partition;

“base-level AAC” means the base-level allowable annual cut;

“pre-order period” , in relation to a minister's order respecting an AAC partition, means the period

(

a) starting on the date the AAC partition took effect, and

(

b) ending on the end date used under

section 6 [reduction to limit if excessive volume harvested in pre-order period] in determining the volume of partitioned timber harvested under the licence since the date the AAC partition took effect.

Section 2 is amended by striking out “ base level allowable annual cut ” and substituting “ base level AAC ”.

3 Sections 4 to 6 are repealed and the following substituted:

Limit on harvested volume of partitioned timber

(1) Subject to

section 6, if a limit in respect of an AAC partition is to be specified by minister's order for a forest licence or tree farm licence, the limit in respect of the partitioned timber must be determined as an aggregate limit for the term of the minister's order, as calculated by the following formula:

aggregate limit = licence's proportionate share of AAC × AAC partition × years

where

licence's proportionate share of AAC

the licence's proportionate share of the AAC for the timber supply area or tree farm licence area, as determined in accordance with subsection (2);

AAC partition

the AAC partition, in m 3 ;

years

the number of years in the term to be specified in the minister's order and, for this purpose, if the term includes part of a year, the part must be determined by dividing the number of days in that part by 365.

(2) For the purposes of the formulas in subsection (1) and

section 6 (2) (b), a licence's proportionate share of the AAC for a timber supply area or tree farm licence area is the portion determined by the following formula:

licence's proportionate share of AAC =

AAC available

AAC of TSA or TFL area

where

AAC available

the AAC available to the holder of the licence;

AAC of TSA or TFL area

the AAC determined under

section 8 (1) [allowable annual cut] of the Act for the timber supply area or tree farm licence area, as applicable.

Reduction to limit if excessive volume harvested in pre-order period

(1) The minister may reduce the aggregate limit determined for a licence under

section 5 if, in considering under

section 75.02 (4.1) [partition order] of the Act the volume of partitioned timber harvested under the licence since the date the AAC partition took effect, the minister considers that the reduction is necessary to ensure the AAC partition is carried out.

(2) The maximum amount by which an aggregate limit for a licence may be reduced under this

section is the amount equal to the difference between

(

a) the aggregate volume of partitioned timber harvested under the licence during the pre-order period, as determined by

(

i) adding the applicable volumes referred to in

section 6.2 (1) (

a) to (d) [determination of harvested volume] using the sources of information and data set out in

section 6.2 (2) (

a) to (g), and

(ii) excluding the volumes and grades of timber referred to in

section 6.3 [exclusion of certain grades and volumes of partitioned timber] , and

(

b) the volume determined by the following formula:

volume = licence's proportionate share of AAC × AAC partition × years

where

licence's proportionate share of AAC

the licence's proportionate share of the AAC for the timber supply area or tree farm licence area, as determined in accordance with

section 5 (2);

AAC partition

the AAC partition, in m 3 ;

years

the number of years in the pre-order period and, for this purpose, if the pre-order period includes part of a year, the part must be determined by dividing the number of days in that part by 365.

(3) An aggregate limit for a licence may be reduced under this

section only if the aggregate volume referred to in subsection (2) (

a) exceeds the volume determined under subsection (2) (b).

Specification of one limit for 2 or more forest licences held by same person

6.1 For the purposes of

section 75.02 (3.1) [partition order] of the Act, if aggregate limits on the harvested volume of partitioned timber are determined under this regulation for 2 or more forest licences held by the same person, the sum of those aggregate limits may be specified as one aggregate limit that applies in relation to those licences.

Determination of harvested volume

6.2

(1) For the purposes of the definition of “harvested volume” in

section 75.01 (1) [definitions] of the Act, if a minister's order specifies an aggregate limit in relation to a licence, the volume of the partitioned timber harvested under the licence during the term of the minister's order must be determined by adding the following, as applicable:

(

a) the volume of partitioned timber cut or removed under that licence and under road permits associated with that licence, including

(

i) any volume of partitioned timber that, under

section 72 (9) or 73 (8) of the Act, is deemed to be cut or removed under the licence or under a road permit associated with the licence, and

(ii) any volume of partitioned timber that, under Division 3.1 [Cut Control] of

Part 4 [General Tenure Revisions] of the Act, is attributed to another licence or to a road permit associated with another licence;

(

b) the volume of partitioned timber, other than volume already counted under paragraph (

a) of this subsection, estimated to be wasted or damaged under that licence and under road permits associated with that licence, including

(

i) any volume of partitioned timber that, under

section 72 (9) [removal of dead or damaged timber] or 73 (8) [removal of dead or damaged timber from a timber supply area] of the Act, is deemed to be wasted or damaged under the licence or under a road permit associated with the licence, and

(ii) any volume of partitioned timber that, under Division 3.1 of

Part 4 of the Act, is attributed to another licence or to a road permit associated with another licence;

(

c) the volume of partitioned timber cut, damaged or destroyed by the holder of that licence without authorization;

(

d) the volume of partitioned timber that, under

section 22.3 [volume harvested under BCTS licence deemed to be harvested under non-BCTS licence for cut control purposes] of the Act, is deemed to be harvested under that licence.

(2) A minister's order that specifies an aggregate limit in relation to a licence must set out the sources of information and data to be used, during the term of the minister's order, in determining the harvested volume under subsection (1), which sources may include any or all of the following, as they relate to the licence:

(

a) scales made under

Part 6 [Timber Scaling] of the Act;

(

b) cut control statements issued on behalf of the government;

(

c) stumpage billed by the government;

(

d) waste assessments;

(

e) information provided by a timber cruise;

(

f) assessments made by the holder of the licence, if required under

section 6.4 [minister may require assessments] of this regulation;

(

g) other assessments, made by or on behalf of the minister, that the minister considers appropriate.

(3) If an aggregate limit in relation to a licence is reduced under

section 6 [reduction to limit if excessive volume harvested in pre-order period] , the minister's order must set out the following:

(

a) the amount of the reduction;

(

b) the factors considered in making the reduction;

(

c) the sources of information and data used in determining the aggregate volume of partitioned timber harvested during the pre-order period;

(

d) the end date used in making the determination referred to in paragraph (c).

Exclusion of certain volumes and grades of partitioned timber

6.3 Despite

section 6.2, in determining the harvested volume for a licence under that section, the following must be excluded:

(

a) a volume of partitioned timber referred to in

section 6.2 (1) (a), (

b) or (c), if that volume of partitioned timber has been attributed to the licence under Division 3.1 of

Part 4 of the Act;

(

b) a volume of partitioned timber determined based on a scale under

Part 6 [Timber Scaling] of the Act, if that volume of partitioned timber is

(

i) grade code Z listed in the

Schedule of Coast Timber Grades to the Scaling Regulation, or

(ii) a grade code listed in the

Schedule of Interior Timber Grades to the Scaling Regulation, other than grade code 1, 2 or 4.

Minister may require assessments

6.4 A minister's order that specifies an aggregate limit in relation to a licence may require the holder of the licence to make assessments, at specified times during the term of the minister's order, of the volume of partitioned timber harvested under that licence.

4 The following

section is added:

Relief from penalty

9 The minister may grant relief from a penalty imposed under

section 75.05 [penalty for non-compliance with minister's order] of the Act if the minister is satisfied that the penalty results from circumstances that are

(

a) beyond the control of the holder of the licence, and

(

b) unrelated to the holder's financial situation.

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