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2002 Legislative Session: 3rd Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE MIKE DEJONG

MINISTER OF FORESTS

BILL 41 – 2002

FOREST (FIRST NATIONS DEVELOPMENT)

AMENDMENT ACT, 2002

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

Section 13 (7) of the Forest Act, R.S.B.C. 1996, c. 157, is amended by striking out " under sections 15 to 17 " and substituting " under sections 15 to 17 and 47.3 ".

Section 14 is amended by striking out " and " at the end of paragraph (

g) and by adding the following paragraph:

(g.1) if the licence 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, the licence must state that it is a condition of the licence that the first nation comply with the agreement, and .

Section 20 is amended by adding the following subsection:

(7) This

section does not apply to a timber sale licence entered into under

section 47.3 .

Section 22 is amended by striking out "and" at the end of paragraph (

f) and by adding the following paragraph:

(f.1) if the licence 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, the licence must state that it is a condition of the licence that the first nation comply with the agreement, and .

Section 43.3 is amended by striking out "and" at the end of paragraph (

g) and by adding the following paragraph:

(g.1) if the community forest agreement provides that it is entered into with a first nation or its representative to implement or further an agreement, the "other agreement", between the first nation and the government respecting treaty-related measures, interim measures or economic measures, the community forest agreement must state that it is a condition of the community forest agreement that the first nation comply with the other agreement, and .

Section 43.5 is amended by adding the following subsections:

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

(

a) the community forest pilot 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 community forest pilot 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), to enter into a community forest pilot agreement with the representative of a first nation, the minister must be satisfied that the intended holder of the agreement is a person or other legal entity and has been appointed by the first nation as its representative.

Section 44 (14) is amended by striking out " under

section 46 " and substituting " under sections 46 and 47.3 ".

Section 45 is amended by striking out " and " at the end of paragraph (

f) and by adding the following paragraph:

(f.1) if the licence 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, the licence must state that it is a condition of the licence that the first nation comply with the agreement, and .

9 The following Division is added

Division 8.1 – Direct Awards

No advertising required

47.3

(1) The minister, without advertising or inviting other applications, may invite an application for a forest licence, timber sale licence or woodlot licence and direct the regional manager or district manager to enter into the licence with the applicant if the licence

(

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

(

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

(

i) a treaty,

(ii) a specification of a designated area under

Part 13, or

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

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

Section 76 is amended

(

a) in subsection (1) by repealing paragraph (

c) and substituting the following:

(

c) did not perform an obligation to be performed under the agreement, other than an obligation described in

section 14 (g.1), 22 (f.1), 43.3 (g.1) or 45 (f.1), or

, and

(

b) by adding the following subsection:

(1.1) In addition to any penalty, charge or order under this Act or the regulations or the

Forest Practices Code of British Columbia Act or the regulations made under that Act, the minister or a person authorized by the minister may suspend, in whole or in part, rights under

(

a) a forest licence if there is a contravention of the condition described in

section 14 (g.1),

(

b) a timber sale licence if there is a contravention of the condition described in

section 22 (f.1),

(

c) a community forest agreement if there is a contravention of the condition described in

section 43.3 (g.1), or

(

d) a woodlot licence if there is a contravention of the condition described in

section 45 (f.1).

Section 77 is amended

(

a) in subsection (1) by repealing paragraphs (

b) and (

c) and substituting the following:

(

b) the regional manager may cancel an agreement or road use permit other than

(

i) an agreement referred to in paragraph (a), or

(ii) a forest licence, timber sale licence, community forest agreement or woodlot licence referred to in

section 76 (1.1), and

(

c) the district manager may cancel an agreement or road use permit other than

(

i) a forest licence,

(ii) an agreement referred to in paragraph (a), or

(iii) a timber sale licence, community forest agreement or woodlot licence referred to in

section 76 (1.1).

(

b) by adding the following subsection:

(1.1) If rights under a forest licence, timber sale licence, community forest agreement or woodlot licence have been suspended under

section 76 (1.1), the minister or a person authorized by the minister may cancel the licence or agreement.

, and

(

c) in subsections (2) and (3) by striking out " chief forester, regional manager or a district manager, " and substituting" minister, person authorized by the minister, chief forester, regional manager or district manager, ".

Explanatory Notes

SECTION 1: [Forest Act, amends

section 13 (7)] makes a reference to

section 47.3, enacted

by this Bill, to except forest licences entered into under that

section from the

application requirements for forest licences.

SECTION 2: [Forest Act, adds

section 14 (g.1)] allows a forest licence to require compliance

with an agreement between a first nation or its representative and the

government regarding treaty-related measures, interim measures or economic

measures.

SECTION 3: [Forest Act, adds

section 20 (7)] makes a reference to

section 47.3, enacted by

this Bill, to except timber sale licences entered into under that

section from the

application requirements for timber sale licences.

SECTION 4: [Forest Act, adds

section 22 (f.1)] allows a timber sale licence to require

compliance with an agreement between a first nation or its representative and

the government regarding treaty-related measures, interim measures or

economic measures.

SECTION 5: [Forest Act, adds

section 43.3 (g.1)] allows a community forest pilot

agreement to require compliance with an agreement between a first nation or

its representative and the government regarding treaty-related measures,

interim measures or economic measures.

SECTION 6: [Forest Act, adds

section 43.5 (1.1) and (2)] allows the minister, without

accepting applications from other persons, to direct the regional or district

manager to enter into a community forest pilot agreement, under specified

circumstances, with a first nation or its representative, or in prescribed circumstances.

SECTION 7: [Forest Act, amends

section 44 (14)] makes a reference to

section 47.3,

enacted by this Bill, to except woodlot licences entered into under that

section

from the application requirements for woodlot licences.

SECTION 8: [Forest Act, adds

section 45 (f.1)] allows a woodlot licence to require compliance

with an agreement between a first nation or its representative and the

government regarding treaty-related measures, interim measures or economic

measures.

SECTION 9: [Forest Act, enacts

section 47.3] allows the minister, without advertising or

inviting other applications, to direct the regional or district manager to enter

into a licence with a first nation or its representative, or with a person in the

circumstances set out in the section.

SECTION 10: [Forest Act, amends

section 76] allows the Minister of Forests to suspend in

whole or in part rights under a licence or agreement in the circumstances specified.

SECTION 11: [Forest Act, amends

section 77] allows the Minister of Forests, or a person

authorized by the minister, to cancel a licence or agreement that has been

suspended under the new

section 76 (1.1) added by this Bill.

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