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Volume 57, No. 20

190/2014

The British Columbia Gazette,

Part II

November 4, 2014

B.C. Reg. 190/2014 , deposited October 24, 2014, under the MISCELLANEOUS STATUTES AMENDMENT ACT, 2013 [section 43], the FORESTS, LANDS AND NATURAL RESOURCE OPERATIONS AMENDMENT ACT, 2014 [section 88], the FOREST ACT [sections 54.4, 75.1, 75.12, 111, 112, 112.1 and 151] and the WILDFIRE ACT [sections 69 and 72]. Order in Council 568/2014, approved and ordered October 24, 2014.

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

(

a) sections 22 and 23 of the Miscellaneous Statutes Amendment Act, 2013 , S.B.C. 2013, c. 12, are brought into force,

(

b) sections 4 and 5 of the Forests, Lands and Natural Resource Operations Statutes Amendment Act, 2014 , S.B.C. 2014, c. 7, are brought into force,

(

c) the Advertising, Deposits, Disposition and Extension Regulation, B.C. Reg. 55/2006, is amended as set out in the attached

Schedule 1,

(

d) the Annual Rent Regulation, B.C. Reg. 122/2003, is amended as set out in the attached

Schedule 2,

(

e) the Cut Control Regulation, B.C. Reg. 578/2004, is amended as set out in the attached

Schedule 3,

(

f) the Transfer Regulation, B.C. Reg. 351/2004, is amended as set out in the attached

Schedule 4, and

(

g) the Wildfire Regulation, B.C. Reg. 38/2005, is amended as set out in the attached

Schedule 5.

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

Schedule 1

Section 1 of the Advertising, Deposits, Disposition and Extension Regulation, B.C. Reg. 55/2006, is amended by adding the following definition:

“supplemental forest licence” has the same meaning as in

section 14.2 (1) of the Act.

Section 8 is amended by adding the following subsection:

(1.1) Subsection (1) (a) (

i) does not apply to an applicant for a forest licence that is a supplemental forest licence.

Section 9 (1) is amended

(

a) in paragraph (

a) by striking out “ allowable annual cut, ” and substituting “ allowable annual cut determined for the tree farm licence area, ”,

(

b) by repealing paragraph (

b) and substituting the following:

(

b) for a forest licence, including a supplemental forest licence, 15¢/m 3 of the allowable annual cut specified in the licence, , and

(

c) in paragraph (

h) by striking out “ allowable annual cut. ” and substituting “ allowable annual cut determined for the first nations woodland licence area. ”

Schedule 2

Section 1 of the Annual Rent Regulation, B.C. Reg. 122/2003, is repealed and the following substituted:

Definitions

1 In this regulation:

“Act” means the Forest Act ;

“supplemental forest licence” has the same meaning as in

section 14.2 (1) of the Act.

Annual rent

1.1 For the purposes of sections 111 and 112 of the Act, the holder of a licence, agreement or permit described in Column 1 of the following table must pay to the government annual rent at the rate set out in Column 2 immediately opposite that licence, agreement or permit:

Item

Column 1

Description of Licence, Agreement or Permit

Column 2

Rate of Annual Rent

Community forest agreement

$0.37/m 3 of allowable annual cut determined for the community forest agreement area

First nations woodland licence

$0.12/m 3 of allowable annual cut determined for the first nations woodland licence area

Forest licence, other than a supplemental forest licence

$0.37/m 3 of allowable annual cut specified in the forest licence

Cutting permit issued under a supplemental forest licence

$0.37/m 3 of volume of timber authorized to be harvested under the cutting permit

Timber licence

$1.85/ha

Tree farm licence

$0.57/m 3 of allowable annual cut determined for the tree farm licence area

Woodlot licence

$0.60/m 3 of allowable annual cut determined for the woodlot licence area

Section 2 is amended

(

a) by striking out “

section 1 ” and substituting “

section 1.1 ”, and

(

b) by striking out “ Forest Act ” and substituting “ Act ”.

Schedule 3

Section 18 of the Cut Control Regulation, B.C. Reg. 578/2004, is amended

(

a) by adding the following

definitions:

“forest licence” means a licence that is a forest licence;

“harvesting licence” , in relation to a volume of timber harvested under a licence and attributed to another licence, means the licence under which the volume of timber was harvested;

“receiving licence” , in relation to a volume of timber harvested under a licence and attributed to another licence, means the licence to which the volume of timber is attributed; ,

(

b) in the definition of “restricted forest licence” by striking out “ a licence that is also ” and substituting “ a forest licence that is ” and by striking out “

section 54.4 (0.1) ” and substituting “

section 14.2 (1) ”, and

(

c) by adding the following definition:

“supplemental forest licence” means a forest licence that is a supplemental forest licence, as defined in

section 14.2 (1) of the Act.

Section 19 is amended

(

a) in paragraphs (a), (

b) and (

c) by striking out “ each licence grants rights ” and substituting “ the harvesting licence and the receiving licence each grant rights ”, and

(

b) by adding the following paragraph:

(a.1) subject to

section 21,

(

i) the harvesting licence is a woodlot licence, and

(ii) the receiving licence is a restricted forest licence, other than a supplemental forest licence, .

Section 20 is amended

(

a) by renumbering the

section as

section 20 (1),

(

b) in subsection (1) (

a) by striking out “ each licence is ” and substituting “ both the harvesting licence and the receiving licence are ”,

(

c) by repealing subsection (1) (a) (

i) and substituting the following:

(

i) a forest licence, other than a supplemental forest licence; ,

(

d) in subsection (1) (

b) by striking out “ neither licence grants rights ” and substituting “ neither the harvesting licence nor the receiving licence grants rights ”,

(

e) in subsection (1) (c) (

i) by striking out “ the licence holders consent ” and substituting “ both the holder of the harvesting licence and the holder of the receiving licence consent ”,

(

f) by repealing subsection (1) (c) (ii) and (iii) and substituting the following:

(ii) a final cut control statement has not been issued in respect of

(

A) the relevant cut control period for the harvesting licence, or

(

B) the relevant cut control period for the receiving licence,

(iii) the attribution to the receiving licence is being made in respect of the same calendar year as the calendar year in which the volume of timber being attributed was, as applicable,

(

A) reported by scale under the harvesting licence,

(

B) calculated based on a timber cruise under the harvesting licence, or

(

C) cut without authorization under the harvesting licence, ,

(

g) in subsection (1) (c) (iv) by striking out “ the licence holders are not in contravention ” and substituting “ neither the holder of the harvesting licence nor the holder of the receiving licence is in contravention ”, and

(

h) by adding the following subsection:

(2) In this subsection and subsection (1) (c) (ii) and (iii):

“calculated based on a timber cruise” , in relation to the volume of timber being attributed, means the volume, if any, that was calculated under

section 75.1 (2) (

b) of the Act using information from a cruise of the timber before the timber was cut;

“cut without authorization” , in relation to the volume of timber being attributed, means the volume, if any, that was identified under

section 75.1 (2) (

c) of the Act as timber that was cut, damaged or destroyed without authorization;

“relevant cut control period” means,

(

a) in relation to the harvesting licence, the particular cut control period that the harvesting licence was in at the time the volume of timber being attributed was, as applicable,

(

i) reported by scale under the harvesting licence,

(ii) calculated based on a timber cruise under the harvesting licence, or

(iii) cut without authorization under the harvesting licence, and

(

b) in relation to the receiving licence, the particular cut control period that the receiving licence was in at the time the volume of timber being attributed was, as applicable,

(

i) reported by scale under the harvesting licence,

(ii) calculated based on a timber cruise under the harvesting licence, or

(iii) cut without authorization under the harvesting licence;

“reported by scale” , in relation to the volume of timber being attributed, means the volume, if any, that was reported by scale and identified under

section 75.1 (2) (

a) of the Act.

Section 21 is amended

(

a) by striking out “ Despite

section 20, a portion of the volume of timber harvested under a licence that is a woodlot licence may be attributed to a restricted forest licence if ” and substituting “ An attribution may be made under

section 19 (a.1) only if ”, and

(

b) in paragraph (

a) by striking out “ the woodlot licence area ” and substituting “ the woodlot licence area described in the woodlot licence ”.

Section 22 (

a) is amended

(

a) by striking out “ each licence is ” and substituting “ both the harvesting licence and the receiving licence are ”, and

(

b) by repealing subparagraph (

i) and substituting the following:

(

i) a forest licence, other than a supplemental forest licence; .

Section 23 (

a) is amended

(

a) by striking out “ each licence is ” and substituting “ both the harvesting licence and the receiving licence are ”, and

(

b) by repealing subparagraph (

i) and substituting the following:

(

i) a non-replaceable forest licence, other than a supplemental forest licence; .

7 The following

section is added:

Bonus bid equalization payment

(1) For the purposes of

section 75.12 (1) of the Act, if under this Division an attribution is made to a receiving licence for which a bonus bid was tendered, the holder of the receiving licence must pay to the government an amount determined in accordance with subsection (2) of this section.

(2) The amount payable under subsection (1) is determined as follows:

(

a) if the harvesting licence is a licence for which a bonus bid was not required, the amount payable by the holder of the receiving licence is determined by the following formula:

amount payable = bonus bid for receiving licence × volume

where

bonus bid for receiving licence

the bonus bid tendered for the receiving licence;

volume

the portion of the volume of timber harvested attributed to the receiving licence.

(

b) if the harvesting licence is a licence for which a bonus bid was required, the amount payable by the holder of the receiving licence is determined by the following formula:

amount payable

(bonus bid for receiving licence – bonus bid for harvesting licence) × volume

where

bonus bid for receiving licence

the bonus bid tendered for the receiving licence;

bonus bid for harvesting licence

the bonus bid tendered for the harvesting licence;

volume

the portion of the volume of timber harvested attributed to the receiving licence.

(3) The amount payable under subsection (1) must be paid by the holder of the receiving licence within 30 days after the attribution is made.

(4) For certainty, if the amount payable by the holder of the receiving licence is determined in accordance with subsection (2) (b), that amount is payable in addition to and not in place of the bonus bid payable by the holder of the harvesting licence.

Schedule 4

Section 4 (1) of the Transfer Regulation, B.C. Reg. 351/2004, is amended in the definition of “restricted forest licence” by striking out “

section 54.4 (0.1) of the Act ” and substituting “

section 14.2 (1) of the Act ”.

Schedule 5

Section 1 (1) of the Wildfire Regulation, B.C. Reg. 38/2005, is amended in the definition of “qualified holder” by repealing paragraph (b) (ii) and substituting the following:

(ii) is not in arrears, under the Annual Rent Regulation, B.C. Reg. 122/2003, for the annual rent payable respecting

(

A) the agreement or licence, or

(

B) in the case of a supplemental forest licence, the cutting permit issued under the supplemental forest licence; .

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