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Volume 60, No. 4

92/2017

The British Columbia Gazette,

Part II

March 14, 2017

B.C. Reg. 92/2017 , deposited March 7, 2017, under the FORESTS, LANDS AND NATURAL RESOURCE OPERATIONS STATUTES AMENDMENT ACT, 2016 [section 50] and the FOREST ACT [section 151]. Order in Council 123/2017, approved and ordered March 6, 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 1 to 7, 9 to 12, 14 to 16, 18, 21 to 23, 25 and 26 of the Forests, Lands and Natural Resource Operations Statutes Amendment Act, 2016 , S.B.C. 2016, c. 11, are brought into force,

(

b) section 24 of the Forests, Lands and Natural Resource Operations Statutes Amendment Act, 2016 , as it enacts

section 151 (2) (e.2) of the Forest Act , is brought into force, and

(

c) the BC Timber Sales Regulation, B.C. Reg. 381/2008, is amended as set out in the attached Schedule.

— S. THOMSON, Minister of Forests, Lands and Natural Resource Operations ; T. STONE, Presiding Member of the Executive Council .

Schedule

1 The BC Timber Sales Regulation, B.C. Reg. 381/2008, is amended by adding the following Part:

Part 5 – Reduced Non-BCTS Licence Payments

Definitions

23 In this Part:

“payment amount” means the amount determined in accordance with

section 24 of this regulation that the minister must, under

section 22.4 of the Act, pay to the holder of a reduced non-BCTS licence;

“termination date” means the date when the earliest of the following occurs in respect of a BCTS licence:

(

a) the BCTS licence expires;

(

b) the BCTS licence is cancelled under

section 78 (1) (

d) of the Act;

(

c) the holder of the BCTS licence is given notice by a timber sales manager that all obligations under or in respect of the BCTS licence have been fulfilled;

“total cost estimate” means the total cost associated with a BCTS licence that a timber sales manager estimates may be expended from the BC Timber Sales Account under

section 109 (3) (a), (b), (c), (

d) and (

e) of the Act;

“total revenue estimate” means the total revenue associated with a BCTS licence that a timber sales manager estimates will be credited to the BC Timber Sales Account under

section 109 (2) (

c) or (

f) and (f.1) of the Act.

Payment amount calculation – reduced non-BCTS licence

(1) For the purposes of

section 22.4 (2) of the Act, the payment amount is the greater of zero and the amount determined by the following formula:

payment = 0.5 × (TRE – TCE)

where

TRE = total revenue estimate;

TCE = total cost estimate.

(2) The total revenue estimate and the total cost estimate must be estimated by the timber sales manager when a BCTS licence is entered into under

section 20 or 47.6 of the Act, as applicable.

Payments to holder of reduced non-BCTS licence

(1) The payment amount is payable by the minister to the holder of a reduced non-BCTS licence after the date that Crown timber is harvested under a BCTS licence.

(2) The minister may pay the payment amount to the holder of the reduced non-BCTS licence in instalments.

(3) Subject to

section 26, the payment amount must be paid in full before the end of the calendar year following the calendar year of the termination date.

Suspension or reduction of payment amount

(1) The minister may suspend payment of the payment amount to the holder of a reduced non-BCTS licence if, in respect of a BCTS licence, a determination is pending with respect to

(

a) an application by the holder of the BCTS licence for relief from a waste assessment under

section 103.1 of the Act, or

(

b) a request by the holder of the BCTS licence for a remission to be granted under

section 19 of the Financial Administration Act .

(2) If, as a result of the circumstances described in subsection (1) (

a) or (b), as the case may be, the holder of the BCTS licence is granted relief or a remission, as applicable, the payment amount may be reduced in proportion to,

(

a) in the case of a BCTS licence in respect of which a bonus offer is required under

section 20 (2) of the Act, the size of the area of the BCTS licence from which area Crown timber is not cut and removed, and

(

b) in any other case, the amount of the merchantable Crown timber that could have been cut and removed under the BCTS licence, but is not cut and removed, in relation to the amount of merchantable Crown timber estimated to be on the BCTS licence area when the BCTS licence was entered into.

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