Copyright (

c) Queen's Printer,

Victoria, British Columbia, Canada

License

Disclaimer

1998/99 Legislative Session: 3rd Session, 36th Parliament

THIRD READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 8th day of June, 1999

Ian D. Izard, Law Clerk

HONOURABLE DAVID ZIRNHELT

MINISTER OF FORESTS

BILL 68 – 1999

FOREST AMENDMENT ACT, 1999

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the

Province of British Columbia, enacts as follows:

Section 8 (5) of the Forest Act, R.S.B.C. 1996, c. 157, is amended

(

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

b) and

by adding "and" at the end of paragraph (a), and

(

b) by repealing paragraph (c).

Section 10 (2) is amended by striking out "under

section 8 (5) (

a) and (c)" and substituting "under

section 8 (5) (a)" .

3 The following

section is added:

Consolidation of timber licences

29.1

(1) With the consent of the holder of a timber

licence, the regional manager may consolidate 2 or more timber licences into a timber

licence and, to achieve the consolidation, may do any of the following:

(

a) partition or subdivide a timber licence into 2 or more timber

licences;

(

b) delete all or part of the licence area from a timber licence

and add the deleted area to the licence area of another timber licence;

(

c) cancel a timber licence if the area covered by the licence has

been added to the licence area in another timber licence;

(

d) amend a timber licence;

(

e) enter into one or more timber licences covering the same land

as was covered in the licences being consolidated, subdivided or partitioned.

(2) A timber licence that is amended or entered into under this

section must not expire later than the latest expiry date of the timber licences it

replaces or amends.

Section 45 (

a) is amended by striking out "term not exceeding 15

years" and substituting "term not exceeding 20 years" .

Section 46 is amended

(

a) in subsection (1) by striking out "the fourth anniversary"

and substituting "the ninth anniversary" ,

(

b) in subsection (3) (a) (

i) by striking out "the fifth

anniversary" and substituting "the 10th anniversary" ,

(

c) in subsection (3) (

c) by striking out "and any change in the

boundary or area made by the district manager or regional manager under subsection

(4)" , and

(

d) by repealing subsection (4).

6 The following sections are added to Division 8:

Change in area or boundary

47.1 Subject to

section 45 (b) (ii), the district manager

or regional manager, if permitted by the regulations and in accordance with the

regulations, and with the consent of the holder of a woodlot licence, may change the

boundary or area of the woodlot licence.

Woodlot licence term – transition

47.2

(1) Subject to subsection (2), on the coming into

force of this

section

(

a) despite anything to the contrary in a woodlot licence, the

term of the woodlot licence is 20 years, and

(

b) for the purposes of

section 46 (3), the original term of the

woodlot licence referred to in paragraph (

b) of that

section is 20 years.

(2) Subsection (1) does not apply to a woodlot licence that

(

a) provides that a replacement for it must not be offered,

(b)

section 46 (8) applies to, or

(

c) is subject, on the coming into force of this section, to an

offer of replacement under

section 46 and the offer is rejected by the holder of the

woodlot licence.

(3) On the coming into force of this section, despite anything to

the contrary in an offer to replace a woodlot licence under

section 46, the term of the

following replacement woodlot licences is 20 years:

(

a) a replacement woodlot licence that has been offered under

section 46 and the offer has not been accepted;

(

b) a replacement woodlot licence that has been accepted under

section 46 (6) but whose term has not yet commenced.

(4) This

section is repealed on July 1, 2009.

Section 48 (1) is amended by adding the following paragraph:

(a.1) a person who requires a Christmas tree for their personal

use and not for sale to others, .

Section 54 (2) and (4) is repealed and the following substituted:

(2) The minister may delegate to one or more regional managers and

district managers, with or without restrictions, the minister's authority to give prior

written consent under subsection (1) with respect to any of the following:

(

a) woodlot licences;

(

b) road permits;

(

c) free use permits;

(

d) Christmas tree permits;

(

e) licences to cut;

(

f) timber sale licences, except timber sale licences that have an

allowable annual cut greater than 10 000 m 3 .

(4) The minister or the minister's delegate may attach conditions

to a consent given under subsection (1), and the person who is the subject of the consent

must comply with the conditions.

Section 55 (4) is repealed and the following substituted:

(4) In this section, for agreements that are within the

jurisdiction of a delegate under

section 54, a reference to the minister includes the

minister's delegate.

Section 60 (9) is amended by striking out "and its holder must

enter into an agreement with the government, evidencing the amendment." and

substituting ", and the district manager must serve the holder with a notice,

evidencing the amendment."

Section 66 (9) is amended by striking out "and its holder must

enter into an agreement with the government, evidencing the amendment." and

substituting "and the district manager must serve the holder with a notice,

evidencing the amendment."

Section 80 (

c) is amended by striking out "R.S.B.C., 1979 c.

140:" and substituting "R.S.B.C. 1979, c. 140:" .

Section 85 is repealed and the following substituted:

Applications

(1) On application in a form required by the minister,

and on payment of the fee, if any, required by the minister, the registrar must

(

a) issue, to the owner of the private land, a certificate or

renewal certificate that describes a timber mark and identifies the private land to which

the certificate pertains, and

(

b) issue, to an agent of the government or a private utility

company, a certificate or renewal certificate that describes a timber mark and identifies

the agent or company to which the certificate pertains, if the registrar is satisfied that

the agent or utility has the authority to harvest the timber from the land to which the

application relates.

(2) The registrar may attach conditions to the certificate, and

the holder of the certificate must comply with those conditions.

(3) On application by the holder of a certificate, the registrar

may approve the use of a timber mark described in the certificate,

(

a) in the case of a certificate issued under subsection (1) (a),

for timber cut on land owned by the applicant other than the land that was originally

described in the certificate, and

(

b) in the case of a certificate issued under subsection (1) (b),

for timber on land other than that described in the original application for the

certificate, if the registrar is satisfied that the agent or utility has the authority to

harvest the timber from the land in respect of which an application is made under this

subsection.

(4) If the registrar exercises his or her powers under subsection

(3), the registrar must amend accordingly the certificate issued under subsection (1) and

the timber mark register.

(5) After giving the holder of a timber mark an opportunity to be

heard, the registrar may cancel a certificate or renewal certificate issued under this

section and the timber mark described in it

(

a) if the holder of the timber mark contravenes a provision of

Part 5 or 6, or

(

b) for other sufficient cause.

Section 95 (6) is amended by striking out "A regional

manager," and substituting "The regional manager or district

manager," .

Section 105 (1) is amended by striking out "referred to in

subsection (1) (b)" and substituting "referred to in paragraph

(b)" .

Section 111 is amended

(

a) in subsection (1) by striking out "a forest licence, timber sale

licence," and substituting "a timber sale licence that has an

allowable annual cut greater than 10 000 m 3 , forest licence," , and

(

b) by repealing subsection (3).

Section 134 is repealed.

Section 151 (2) is amended

(

a) by repealing paragraph (b),

(

b) in paragraph (

m) by striking out "section 46 (4);"

and substituting "section 47.1;" , and

(

c) by repealing paragraph (o).

Section 157 (

c) is amended by striking out "purpose of

section" and substituting "purpose of sections" .

Section 163 (

a) is amended

(

a) by striking out "95 (1) and (7)," and substituting "95

(1) or (7)," , and

(

b) by striking out "134 (1) or (2)," .

21 Sections 4 and 5 of the Supplement to the Forest Act are repealed.

Section 151.1 of the Forest Act as consolidated in

section 7 of the Supplement

is amended

(

a) in subsection (2) (

a) and (

b) by striking out "forest

district," and substituting "forest district or forest

region," ,

(

b) by repealing subsection (2) (

c) and substituting the following:

(

c) consolidate 2 or more forest districts or 2 or more forest

regions. ,

(

c) by adding the following subsection:

(3.1) A forest region established under subsection (2) is a forest

region for the purposes of

section 2 (1) (

c) of the Ministry of Forests Act. ,

(

d) in subsection (4) by adding "or forest regions" after

"forest districts" ,

(

e) in subsection (7) by striking out "Custodian of the Forest Cover

Map Database." and substituting "Custodian of the Forest

Administrative Boundaries Database." , and

(

f) in subsections (5) and (8) by adding "or forest region"

after "forest district" .

Commencement

(1) Sections 4 to 6 and 18 (

a) and (

b) come into force

by regulation of the Lieutenant Governor in Council.

(2) Section 16 comes into force on January 1, 2000.

Copyright © 1999: Queen's Printer, Victoria, British Columbia, Canada