May 30, 2002

1922970521/02051/tlc02051_f

E3tlc02051

Definitions

In this Act:

annual cut reduction means a reduction in allowable annual

cut that, at any time during the period beginning on January 1, 1995 and ending May 31,

2003, the minister, acting or purporting to act under

section 63 of the Forest

Act , imposed or imposes on holders of forest licences and timber

sale licences;

protected area means

a park as defined in

section 1 of the Park

Act ,

an area established under the Environment and Land

Use Act as a park or protected area, or

an area established or continued as an ecological reserve under the Ecological Reserve Act or by the Protected Areas of British Columbia Act ,

that is itemized in Column 1 of the Schedule.

In this Act, words and expressions not defined in subsection (1) have the same

meanings as in the Forest Act .

Protected areas deleted from licensed areas

Crown land in a protected area itemized in Column 1 of the

Schedule is

conclusively deemed, effective on the date in Column 2 of the same item, to have been

deleted from any part of any tree farm licence area, timber licence area, woodlot licence

area or timber supply area that, on that date, is within the boundaries of that protected

area.

Each of the following is deemed amended to reflect the deletion under subsection

(1):

a tree farm licence, timber licence or woodlot licence that authorizes the

harvesting of timber in a tree farm licence area, timber licence area or woodlot licence

area referred to in subsection (1);

the boundaries of a timber supply area referred to in subsection

(1).

For the purposes of the application of

section 60 of the Forest

Act and the determination of compensation under that section, the

deletions under subsection (1) must be considered to have been for a purpose other

than

access to Crown timber,

highway, pipeline or power transmission line rights of way,

water storage, or

timber production.

Deletion under

section 60 of the Forest

Act

A deletion under

section 2 (1) from a tree farm licence area, timber

licence area or woodlot licence area is conclusively deemed, for all purposes, to have

been and to be a deletion of Crown land validly made under

section 60 of the Forest

Act as that

section read at the time of the deletion, even though

notice was not served in accordance with that section.

If doubt exists as to whether and to what extent, if any, an allowable cut

reduction for a tree farm licence was or is attributable to the deletion of land referred

to in subsection

(1), the chief forester may issue a written statement resolving the

doubt.

A written statement under subsection (2) is conclusive for the purposes of

subsection

(1).

Allowable annual cut reductions under

section 60 of the Forest

Act

An annual cut reduction, to the extent that it was or is attributable to the

establishment of a protected area, is conclusively deemed, for all purposes, to have been

and to be a reduction in allowable annual cut validly made under

section 60 of the

Forest Act as that

section read at the time of the

reduction, even though notice was not served in accordance with that section.

If doubt exists as to whether and to what extent, if any, an annual cut reduction

for any forest licence or timber sale licence was or is attributable to the establishment

of a protected area in a timber supply area, the minister or a person designated by the

minister, after consulting with the chief forester, may issue a written statement

resolving the doubt.

A written statement under subsection (2) is conclusive for the purposes of

subsection

(1).

Set-off for benefits previously received

The amount of compensation payable under

section 60 of the Forest

Act to the holder of a tree farm licence, timber licence, woodlot

licence, forest licence or timber sale licence must be reduced by any financial benefit or

other benefit received by that holder from the government before the coming into force of

this

section arising out of the establishment of a protected area.

No application to settled claims of licence holders

This Act does not apply in respect of a claim by the holder of a licence against the

government for compensation or damages because of a deletion under

section 2 (1) or

an annual cut reduction if, before the coming into force of this section, the holder has

agreed with the government for the settlement of the claim.

Limit on compensation

0.1

In this section, compensation includes damages.

The compensation payable to the holder of a licence because of

a deletion under

section 2 (1) affecting the licence,

an annual cut reduction affecting the licence, to the extent that it was or is

attributable to the establishment of a protected area,

the establishment of a protected area that included all or part of the area

under the licence, or

any of the things specified in paragraphs (

a) to (

c) in

combination with either or both of the others

is limited to the amount of compensation determined in relation to that licence

under

section

60 of the Forest Act as it applies for the

purposes of this Act.

No action lies, and an action or other proceeding must not be brought or continued

against the government for compensation

arising out of this Act,

because of any of the things specified in paragraphs (

a) to (

c) of subsection

(1), or

because of any of the things specified in paragraphs (

a) to (

c) of subsection

(1) in combination with either or both of the others,

in an amount that exceeds the amount limited under subsection (1).

A deletion under

section 2 (1), an annual cut reduction or the

establishment of a protected area that included all or part of the area under a licence

does not constitute an expropriation within the meaning of the Expropriation

Act .

Act to be given effect

This Act must be applied to and must be given effect in every action or other

proceeding whether commenced before, on or after the date this Act receives Royal

Assent.

This Act must not be construed as lacking effect, whether retroactive or

otherwise, in relation to any matter because it makes no specific reference to that

matter.

Clarification of protected areas

The Lieutenant Governor in Council may amend the

Schedule by regulation

amending the names of protected areas itemized in Column 1 of the

Schedule and the

dates itemized in Column 2 of it, and

prescribing additional items for the

Schedule that specify additional protected

areas and additional dates, in Columns 1 and 2, respectively.

Commencement

Sections 1 to 3, 4 (1) and 7 (3) are deemed to have come into force on January 1, 1995 and

are retroactive to the extent necessary to give them effect on and after that

date.

Regulations that may be made under

section 9 may be made retroactive

to January 1, 1995 or a later date that the Lieutenant Governor in Council may determine,

and a regulation made retroactive is deemed to have come into force on the date specified

in the regulation.

Schedule

Item

Column 1 Protected Areas by Type

Column 2 Date of Deletion

Areas established under the Environment and Land Use Act as parks or

protected areas

Anarchist Protected Area

April 18, 2001

Anstey Hunakwa Protected Area

April 18, 2001

Arrowstone Park

April 30, 1996

Bearhole Lake Protected Area

January 25, 2001

Beaver Creek Protected Area

May 17, 2000

Bedard Aspen Park

April 30, 1996

Blue Earth Lake Park

April 30, 1996

Bonaparte Park

April 30, 1996

Brent Mountain Protected Area

April 18, 2001

Buse Lake Protected Area

January 25, 2001

Carp Lake Protected Area

March 30, 2000

Cathedral Protected Area

April 18, 2001

Chukachida Protected Area

January 25, 2001

Churn Creek Protected Area

February 14, 1996

Churn Creek Protected Area

February 10, 1998

Close-to-the-Edge Protected Area

January 25, 2001

Cornwall Hills Park

April 30, 1996

Craig Headwaters Protected Area

January 25, 2001

Cummins River Protected Area

July 27, 2000

Damdochax Protected Area

April 18, 2001

Denetiah Corridor Protected Area

July 6, 2000

Duck Lake Protected Area

January 25, 2001

Duneza Keyih Protected Area

April 18, 2001

Dunn Peak Park

April 30, 1996

Ekwan Lake Protected Area

January 25, 2001

Elephant Hill Park

April 30, 1996

Emar Lakes Park

April 30, 1996

Enderby Cliffs Protected Area

April 18, 2001

Entiako Protected Area

January 25, 2001

Finlay-Russel Protected Area

April 18, 2001

Fintry Protected Area

April 18, 2001

Foster Arm Protected Area

January 25, 2001

Francois Lake Protected Area

July 6, 2000

Giscome Portage Trail Protected Area

April 18, 2001

Goguka Creek Protected Area

January 25, 2001

Graystokes Protected Area

April 18, 2001

Greenbush Lake Protected Area

April 18, 2001

Harry Lake Aspen Park

April 30, 1996

Hay River Protected Area

January 25, 2001

High Lakes Basin Park

April 30, 1996

Holliday Creek Arch Protected Area

January 25, 2001

Homathko River-Taklayoko Protected Area

February 14, 1996

Huchsduwachsdu Nuyem Jees/Kitlope Heritage Conservancy Park

February 20, 1996

Jackpine Remnant Protected Area

January 25, 2001

Kalamalka Lake Protected Area

April 18, 2001

Kingfisher Creek Protected Area

April 18, 2001

Kiskatinaw River Protected Area

January 25, 2001

Klin-Se-Za Protected Area

January 25, 2001

Klua Lakes Protected Area

January 25, 2001

Lac du Bois Grasslands Park

April 30, 1996

Liard River Corridor Protected Area

January 25, 2001

Lower Raush Protected Area

January 25, 2001

Maxhamish Lake Protected Area

January 25, 2001

Monashee Protected Area

April 18, 2001

Mount Griffin Protected Area

April 18, 2001

Mount Savona Park

April 30, 1996

Myra-Bellevue Protected Area

April 18, 2001

Nahatlatch Protected Area

January 25, 2001

Nechako Canyon Protected Area

July 6, 2000

North Thompson Oxbows Jensen Island Park

April 30, 1996

Northern Rocky Mountains Protected Area

January 25, 2001

Omineca Protected Area

April 18, 2001

Oregon Jack Park

April 30, 1996

Paul Lake Park

April 30, 1996

Pennask Creek Protected Area

April 18, 2001

Pitman River Protected Area

January 25, 2001

Portage Brule Rapids Protected Area

January 25, 2001

Ptarmigan Protected Area

January 25, 2001

Pukeashun Protected Area

April 18, 2001

Purcell Wilderness Conservancy Park

February 14, 1996

Pyramid Creek Falls Park

April 30, 1996

Roche Lake Park

April 30, 1996

Seven Sisters Protected Area

January 25, 2001

Sikanni Chief Canyon Protected Area

January 25, 2001

Sikanni Chief Falls Protected Area

January 25, 2001

Six Mile Hill Protected Area

October 31, 2001

Smith River-Fort Halkett Protected Area

January 25, 2001

Snowy Protected Area

April 18, 2001

South Okanagan Grasslands Protected Area

April 18, 2001

Spruce Lake Protected Area

April 18, 2001

Sugarbowl-Grizzly Den Protected Area

January 25, 2001

Sustut Protected Area

April 18, 2001

Sutherland River Protected Area

July 6, 2000

Taweel Park

April 30, 1996

Thinahtea North Protected Area

January 25, 2001

Thinahtea South Protected Area

January 25, 2001

Trepanier Protected Area

April 18, 2001

Tsintsunko Lakes Park

April 30, 1996

Tunkwa Park

April 30, 1996

Tweedsmuir Corridor Protected Area

January 25, 2001

Upper Raush Protected Area

January 25, 2001

Vaseux Protected Area

April 18, 2001

West Twin Protected Area

January 25, 2001

White Lake Grasslands Protected Area

April 18, 2001

Areas established or continued as ecological reserves under the Ecological Reserve Act or by the

Protected Areas of British Columbia Act

Ballingall Islets Ecological Reserve

June 29, 2000

Bowser Ecological Reserve

April 30, 1996

Burnt Cabin Bog Ecological Reserve

June 29, 2000

Catherine Creek Ecological Reserve

June 29, 2000

Comox Lake Bluffs Ecological Reserve

April 30, 1996

Grayling River Hot Springs Ecological Reserve

June 29, 2000

Hudson Rocks Ecological Reserve

April 30, 1996

Klanawa River Ecological Reserve

April 30, 1996

Kotcho Lake Ecological Reserve

June 29, 2000

Ladysmith Bog Ecological Reserve

April 30, 1996

Liumchen Ecological Reserve

December 9, 1998

Mahoney Lake Ecological Reserve

April 30, 1996

Misty Lake Ecological Reserve

April 30, 1996

Ospika Cones Ecological Reserve

April 11, 2001

Portage Brule Rapids Ecological Reserve

June 29, 2000

Race Rocks Ecological Reserve

February 12, 2001

Rolla Canyon Ecological Reserve

June 29, 2000

San Juan River Estuary Ecological Reserve

April 30, 1996

Woodley Range Ecological Reserve

April 30, 1996

Yale Garry Oak Ecological Reserve

December 9, 1998

Parks as defined in the Park

Act

Adams Lake Marine Park

April 30, 1996

Adams Lake Park – Bush Creek Site

April 30, 1996

Anderson Bay Park

June 29, 2000

Anhluut'ukwsim Laxmihl Angwinga' asanskwhl

Nisg̱a'a [a.k.a.

Nisg̱a'a Memorial Lava Bed Park]

July 13, 1995

Arctic Pacific Lakes Park

June 29, 2000

Arrowstone Park

June 29, 2000

Artlish Caves Park

April 30, 1996

Babine Lake Marine Park

April 11, 2001

Babine Mountain Trail Park

January 25, 2001

Babine Mountains Park

June 29, 1999

Babine River Corridor Park

June 29, 1999

Babine River Corridor Park

April 11, 2001

Banana Island Park

April 30, 1996

Bear Glacier Park

May 11, 2000

Bearhole Lake Park

January 25, 2001

Beatton Park

June 29, 2000

Beaver Creek Park

May 17, 2000

Big Bunsby Marine Park

April 30, 1996

Big Creek Park

July 13, 1995

Big Creek Park

January 25, 2001

Birkenhead Lake Park

July 23, 1997

Bishop River Park

July 23, 1997

Bligh Island Marine Park

July 13, 1995

Blue River Black Spruce Park

April 30, 1996

Blue River Pine Park

April 30, 1996

Bobtail Mountain Park

June 29, 2000

Bocock Peak Park

June 29, 2000

Bodega Ridge Park

April 11, 2001

Border Lake Park

January 25, 2001

Boulder Creek Park

June 29, 1999

Bowron Lake Park

June 29, 2000

Brackendale Eagles Park

June 29, 1999

Brooks Peninsula Park [a.k.a. Mu q qi w n

Park]

July 13, 1995

Bugaboo Park

July 13, 1995

Bulkley Junction Park

July 23, 1997

Burns Lake Park

January 25, 2001

Butler Ridge Park

June 29, 2000

Caligata Lake Park

April 30, 1996

Call Lake Park

June 29, 1999

Callaghan Lake Park

July 23, 1997

Cape Scott Park

July 13, 1995

Cariboo Mountains Park

July 13, 1995

Cariboo River Park

July 13, 1995

Carmanah Walbran Park

July 13, 1995

Carp Lake Park

June 29, 1999

Castle Rock Hoodoos Park

July 23, 1997

Catala Island Marine Park

July 13, 1995

Chase Park

April 11, 2001

Chasm Park

July 13, 1995

Chemainus River Park

April 30, 1996

Chilliwack Lake Park

July 23, 1997

Choquette Hot Springs Park

January 25, 2001

Chu Chua Cottonwood Park

April 30, 1996

Cinnemousan Narrows Park

April 18, 2001

Claud Elliott Park

July 13, 1995

Clayoquot Arm Park

July 13, 1995

Clayoquot Plateau Park

July 13, 1995

Clendenning Park

December 9, 1998

Close-to-the-Edge Park

June 29, 2000

Cowichan River Park

July 13, 1995

Crooked River Park

June 29, 2000

Cummins Lakes Park

July 13, 1995

Cummins Lakes Park

September 16, 1998

Dahl Lake Park

June 29, 2000

Dall River Old Growth Park

June 29, 1999

Dawley Passage Park

July 13, 1995

Denetiah Park

June 29, 1999

Desolation Sound Marine Park

July 23, 1997

Dixie Cove Marine Park

April 30, 1996

Dune Za Keyih Park [a.k.a. Frog-Gataga Park]

April 11, 2001

Eakin Creek Canyon Park

April 30, 1996

Eakin Creek Floodplain Park

April 30, 1996

Ed Bird – Estella Lakes Park

April 11, 2001

Edge Hills Park

July 13, 1995

Elk Lake Park

July 13, 1995

Entiako Park

June 29, 1999

Entiako Park

January 25, 2001

Epper Passage Park

July 13, 1995

Epsom Park

July 23, 1997

Erg Mountain Park

June 29, 2000

Eskers Park

June 29, 2000

Evanoff Park

June 29, 2000

Finger-Tatuk Park

June 29, 1999

Finlay-Russel Park

April 11, 2001

Finn Creek Park

April 30, 1996

Fintry Park

April 30, 1996

Flat Lake Park

July 13, 1995

Flores Island Park

July 13, 1995

Fort George Canyon Park

June 29, 2000

Francois Lake Park

June 29, 1999

Fraser River Park

June 29, 2000

Gilnockie Park

July 13, 1995

Gladstone Park

July 13, 1995

Goat Range Park

July 13, 1995

God's Pocket Marine Park

July 13, 1995

Golden Ears Park

July 23, 1997

Gold Muchalat Park

April 30, 1996

Goldstream Park

July 13, 1995

Gowlland Tod Park

April 30, 1996

Gowlland Tod Park

July 13, 1995

Gowlland Tod Park

July 23, 1997

Graham-Laurier Park

June 29, 1999

Granby Park

July 13, 1995

Great Glacier Park

January 25, 2001

Greenstone Mountain Park

July 23, 1997

Gwillim Lake Park

June 29, 2000

Harbour-Dudgeon Lakes Park

April 30, 1996

Heather-Dina Lakes Park

April 11, 2001

Helliwell Park

July 23, 1997

Hesquiat Lake Park

July 13, 1995

Hesquiat Peninsula Park

July 13, 1995

Hitchie Creek Park

July 13, 1995

Hole-In-The-Wall Park

June 29, 2000

Homathko Estuary Park

July 23, 1997

Horne Lake Caves Park

July 13, 1995

Horneline Creek Park

June 29, 1999

Indian Arm Park

July 13, 1995

Inland Lake Park

June 29, 2000

Iskut River Hot Springs Park

January 25, 2001

Itcha Ilgachuz Park

July 13, 1995

Jackman Flats Park

June 29, 2000

Jedediah Island Marine Park

July 13, 1995

Juan de Fuca Park

January 29, 1998

Juan de Fuca Park

April 4, 1996

Junction Sheep Range Park

July 13, 1995

Kakwa Park

June 29, 1999

Kennedy Lake Park

July 13, 1995

Kennedy River Bog Park

July 13, 1995

Kianuko Park

July 13, 1995

Kitwanga Mountain Park

July 23, 1997

Kluskoil Lake Park

July 13, 1995

Kokanee Glacier Park

July 13, 1995

Kotcho Lake Village Site Park

June 29, 1999

Lawn Point Park

April 30, 1996

Lac Le Jeune Park

July 23, 1997

Lava Forks Park

January 25, 2001

Liard River Corridor Park

June 29, 1999

Liard River West Corridor Park

January 25, 2001

Little Andrews Bay Marine Park

June 29, 1999

Lockhart Creek Park

July 13, 1995

Lower Nimpkish Park

July 13, 1995

Main Lakes Park

July 23, 1997

Main Lakes Park

April 30, 1996

Malaspina Park

April 11, 2001

Maquinna Park

July 13, 1995

Marble Canyon Park

April 18, 2001

Marble Range Park

July 13, 1995

Marble River Park

July 13, 1995

Mehatl Creek Park

July 23, 1997

Milligan Hills Park

June 29, 1999

Momich Lakes Park

April 30, 1996

Monkman Park

June 29, 2000

Monte Creek Park

April 30, 1996

Moose Valley Park

July 13, 1995

Mount Blanchet Park

January 25, 2001

Mount Edziza Park

April 11, 2001

Mount Elphinstone Park

June 29, 2000

Mount Pope Park

January 25, 2001

Mount Richardson Park

June 29, 1999

Mount Robson Park

June 29, 2000

Mud Lake Delta Park

April 30, 1996

Mudzenchoot Park

January 25, 2001

Muscovite Lakes Park

April 11, 2001

Musket Island Marine Park

June 29, 2000

Nahatlatch Park

June 29, 1999

Nazko Lake Park

July 13, 1995

Netalzul Meadows Park

June 29, 1999

Nilkitkwa Lake Park

June 29, 1999

Nimpkish Lake Park

July 13, 1995

Ningunsaw Park

April 11, 2001

Nitinat River Park

April 30, 1996

North Thompson Islands Park

April 30, 1996

North Thompson Oxbows East Park

April 30, 1996

North Thompson Oxbows Manteau Park

April 30, 1996

Northern Rocky Mountains Park

June 29, 1999

Nuchatlitz Park

April 30, 1996

Nunsti Park

July 13, 1995

Octopus Islands Park

April 30, 1996

Omineca Park

April 11, 2001

Painted Bluffs Park

April 30, 1996

Peace River Corridor Park

June 29, 2000

Pine Le Moray Park

June 29, 2000

Pine Le Moray Park

April 11, 2001

Pine River Breaks Park

June 29, 2000

Pinecone Burke Park

July 13, 1995

Pink Mountain Park

June 29, 1999

Porcupine Meadows Park

April 30, 1996

Pritchard Park

July 23, 1997

Prophet River Hot Springs Park

June 29, 1999

Ptarmigan Creek Park

June 29, 2000

Purcell Wilderness Conservancy Park

July 13, 1995

Purden Lake Park

June 29, 2000

Quatsino Park

July 13, 1995

Rainbow Alley Park

June 29, 1999

Read Island Park

April 30, 1996

Redfern-Keily Park

June 29, 1999

Rendezvous Island South Park

July 23, 1997

Robson Bight (Michael Bigg) Park

July 13, 1995

Rock Bay Marine Park

July 13, 1995

Rubyrock Lake Park

January 25, 2001

Sabine Channel Marine Park

April 11, 2001

Santa-Boca Park

April 30, 1996

Sargaent Bay Park

July 23, 1997

Scatter River Old Growth Park

June 29, 1999

Schoen Lake Park

July 13, 1995

Schoolhouse Lake Park

July 13, 1995

Seven Sisters Park

June 29, 2000

Shuswap Lake Marine Park

June 29, 2000

Sikanni Old Growth Park

June 29, 1999

Slim Creek Park

June 29, 2000

Small Inlet Park

April 30, 1996

Small River Caves Park

June 29, 2000

South Texada Island Park

July 23, 1997

Spatsizi Headwaters Park

January 25, 2001

Spatsizi Plateau Wilderness Park

April 11, 2001

Spipiyus Park

June 29, 1999

Stamp River Park

April 30, 1996

Stawamus Chief Park

July 23, 1997

Stikine River Park

April 11, 2001

Strathcona Park

July 13, 1995

Stuart Lake Marine Park

April 11, 2001

Stuart River Park

June 29, 1999

Stuart River Park

June 29, 2000

Sugarbowl-Grizzly Den Park

June 29, 2000

Sulphur Passage Park

July 13, 1995

Surge Narrows Park

April 30, 1996

Sustut Park

January 25, 2001

Sutherland River Park

April 11, 2001

Swan Lake Upper Kispiox Park

June 29, 1999

Sydney Inlet Park

July 13, 1995

Syringa Park

July 13, 1995

Tahsish Kwois Park

July 13, 1995

Takla Lake Marine Park

January 25, 2001

Tantalus Park

December 9, 1998

Ten Mile Lake Park

June 29, 1999

Tetrahedron Park

July 13, 1995

Three Sisters Lakes Park

June 29, 2000

Toad River Hot Springs Park

June 29, 1999

Todagin South Slope Park

April 11, 2001

Tranquil Creek Park

July 13, 1995

Trembleur Lake Park

January 25, 2001

Tuya Mountains Park

January 25, 2001

Uncha Mountain Red Hills Park

January 25, 2001

Upper Adams River Park

April 30, 1996

Upper Lilloett Park

July 23, 1997

Upper Seymour River Park

April 18, 2001

Upper Seymour River Park

January 1, 2002

Valhalla Park

June 29, 1999

Vargas Island Park

July 13, 1995

Walhachin Oxbows Park

July 23, 1997

Wapiti Lake Park

June 29, 2000

West Arm Park

July 13, 1995

West Arm Park

December 31, 1995

West Twin Park

June 29, 2000

Weymer Creek Karst Park

April 30, 1996

Whiskers Point Park

June 29, 2000

White Pelican Park

July 13, 1995

White Ridge Park

July 13, 1995

White River Park

April 30, 1996

Windermere Lake Park

June 29, 1999

Wire Cache Park

April 30, 1996

Woss Lake Park

July 13, 1995