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Volume 59, No. 24

328/2016

The British Columbia Gazette,

Part II

December 31, 2016

B.C. Reg. 328/2016 , deposited December 21, 2016, under the GREAT BEAR RAINFOREST (FOREST MANAGEMENT) ACT [sections 8, 9, 11, 13, 17, 18, 21, 23, 27, 28, 65, 68, 69 and 72]. Order in Council 974/2016, approved and ordered December 20, 2016.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective on the later of January 1, 2017 and the date of deposit of this regulation,

(

a) Part 6 of the Great Bear Rainforest (Forest Management) Act , S.B.C. 2016, c. 16, is brought into force, and

(

b) the Great Bear Rainforest (Forest Management) Regulation is amended as set out in the attached Schedule.

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

Schedule

1 The heading to

Part 1 of the Great Bear Rainforest (Forest Management) Regulation is repealed and the following substituted:

Part 1 –

Definitions and

Interpretation .

Section 1 is amended by adding the following

definitions:

“Act” means the Great Bear Rainforest (Forest Management) Act ;

“affected forest licence” has the same meaning as in

section 26 (1) [definitions for

Part 4] of the Act; .

3 The following

section is added to

Part 1:

Interpretation for tables in sections 8, 12 and 16

1.1

(1) In an item of a table in

section 8 (2) [AACs for forest licences in GBR North TSA] , 12 [AACs for forest licences in GBR South TSA] or 16 [AACs for forest licences in North Island TSA] :

“exempt forest licence” has the same meaning as in

section 26 (1) of the Act;

“former TSA” , in relation to a forest licence, means the TSA that was specified in the licence,

as that licence read on December 31, 2016;

“licence holder” , in relation to a forest licence, means the person that holds the licence as of January

1, 2017.

(2) In an item of a table referred to in subsection (1), an affected forest licence

is identified by the following information:

(

a) in column 1, the licence number of the licence;

(

b) in column 2, the licence holder;

(

c) in column 3, the licence’s former TSA.

4 The heading to

Part 2 is repealed and the following substituted:

Part 2 – Maximum AAC and Abolition of TSAs .

5 The following

section is added to

Part 2:

Abolition of TSAs

3 The following TSAs are abolished:

(

a) the North Coast TSA;

(

b) the Mid Coast TSA;

(

c) the Kingcome TSA;

(

d) the Strathcona TSA.

6 Parts 3, 4 and 5 are repealed and the following substituted:

Part 3 – GBR North TSA

Designation of GBR North TSA

4 The land contained within the boundaries shown and described on the GeoBC map with

the map name Great Bear Rainforest North Timber Supply Area and map reference number

577.3409711 G786 TSA1 2016 is designated as the GBR North TSA.

AAC for GBR North TSA

5 The AAC for the Crown land in the GBR North TSA is 803 000 m 3 .

AAC partition for GBR North TSA

(1) The AAC of 803 000 m 3 specified for the GBR North TSA is partitioned as follows:

(a) 468 600 m 3 is attributable to those areas of Crown land that

(

i) are located within the North Island Central Coast Forest District established

under the Forest Act , and

(ii) are not located within the Owikeno Lake basin;

(b) 113 200 m 3 is attributable to western red cedar and yellow cedar located within the Coast Mountain

Forest District established under the Forest Act .

(2) For the purposes of subsection (1) (a) (ii), the Owikeno Lake basin is the

area located within the boundaries shown and labelled as the Owikeno Lake basin on

the map referred to in

section 4 [designation of GBR North TSA] .

Apportionment of cut in GBR North TSA

7 In respect of the AAC of 803 000 m 3 specified for the GBR North TSA,

(a) 685 024 m 3 is available to the minister for the purposes of granting under agreements referred

to in

section 12 (1) [form of agreements] of the Forest Act , and

(b) 117 976 m 3 is available to the timber sales manager for the purposes of granting under agreements

referred to in

section 12 (2) of the Forest Act .

AACs for forest licences in GBR North TSA

(1) For the purposes of paragraph (

c) of the definition of “exempt forest licence”

section 26 (1) [definitions for

Part 4] of the Act, the affected forest licences identified in items 8, 12 and 20 of the

table in subsection (2) are prescribed.

(2) For an affected forest licence identified in the following table,

(

a) the GBR North TSA is the area in which Crown timber may be harvested under

the licence, and

(

b) the AAC set out in column 4, opposite the licence’s identification information

in columns 1 to 3, is the AAC that may be harvested under that licence:

Item

Column 1

Licence No.

Column 2

Licence Holder

Column 3

Former TSA

Column 4

AAC (m 3 )

A71731

Gitga’at Forestry Inc.

North Coast

not specified (exempt forest licence)

A93864

Gwa’nak Resources Ltd.

Mid Coast

not specified (exempt forest licence)

A94046

Gwa’nak Resources Ltd.

Mid Coast

not specified (exempt forest licence)

A16841

Interfor Corporation

North Coast

24 488

A16850

Interfor Corporation

Mid Coast

83 382

A82001

Interfor Corporation

Mid Coast

66 671

A82002

Interfor Corporation

Mid Coast

22 223

A94009

Kitasoo Forest Company Ltd.

North Coast

not specified (exempt forest licence)

A94536

Kitasoo Forest Company Ltd.

Mid Coast

not specified (exempt forest licence)

A83918

Kvamua Enterprises Limited Partnership

Mid Coast

not specified (exempt forest licence)

A93776

Kvamua Forestry Services Ltd.

Mid Coast

not specified (exempt forest licence)

A94010

Kvamua Forestry Services Ltd.

North Coast

not specified (exempt forest licence)

A94515

Kvamua Forestry Services Ltd.

Mid Coast

not specified (exempt forest licence)

A94516

Kvamua Forestry Services Ltd.

Mid Coast

not specified (exempt forest licence)

A90762

Nanwakolas Forestry Limited Partnership

Mid Coast

not specified (exempt forest licence)

A87259

Nuxalk Forestry Limited Partnership

Mid Coast

not specified (exempt forest licence)

A16837

Sonora Logging Limited

North Coast

14 049

A16838

Sonora Logging Limited

North Coast

10 001

A16848

SWC Holdings Ltd.

Mid Coast

10 001

A16820

Triumph Timber Ltd.

North Coast

not specified (exempt forest licence)

A16845

Western Forest Products Inc.

Mid Coast

136 029

A16847

Western Forest Products Inc.

Mid Coast

19 674

Part 4 – GBR South TSA

Designation of GBR South TSA

9 The land contained within the boundaries shown and described on the GeoBC map with

the map name Great Bear Rainforest South Timber Supply Area and map reference number

577.3409711 G786 TSA2 2016 is designated as the GBR South TSA.

AAC for GBR South TSA

10 The AAC for the Crown land in the GBR South TSA is 830 500 m 3 .

Apportionment of cut in GBR South TSA

11 In respect of the AAC of 830 500 m 3 specified for the GBR South TSA,

(a) 608 445 m 3 is available to the minister for the purposes of granting under agreements referred

to in

section 12 (1) [form of agreements] of the Forest Act , and

(b) 222 055 m 3 is available to the timber sales manager for the purposes of granting under agreements

referred to in

section 12 (2) of the Forest Act .

AACs for forest licences in GBR South TSA

12 For an affected forest licence identified in the following table,

(

a) the GBR South TSA is the area in which Crown timber may be harvested under

the licence, and

(

b) the AAC set out in column 4, opposite the licence’s identification information

in columns 1 to 3, is the AAC that may be harvested under that licence:

Item

Column 1

Licence No.

Column 2

Licence Holder

Column 3

Former TSA

Column 4

AAC (m 3 )

A92581

Da’naxda’xw Forestry Services Ltd.

Kingcome

not specified (exempt forest licence)

A93095

Gwa’nak Resources Ltd.

Kingcome

not specified (exempt forest licence)

A93096

Gwa’nak Resources Ltd.

Kingcome

not specified (exempt forest licence)

A94311

Gwa’nak Resources Ltd.

Kingcome

not specified (exempt forest licence)

A94047

Gwa’nak Resources Ltd.

Kingcome

not specified (exempt forest licence)

A90455

Homalco Forestry Limited Partnership

Strathcona

not specified (exempt forest licence)

A19232

Interfor Corporation

Strathcona

20 837

A19238

Interfor Corporation

Kingcome

167 395

A77806

Interfor Corporation

Kingcome

111 596

A77807

Interfor Corporation

Kingcome

95 034

A86955

Interfor Corporation

Strathcona

17 320

A90383

Kwiakah First Nation

Strathcona

not specified (exempt forest licence)

A19242

Mill & Timber Products Ltd.

Kingcome

40 029

A49542

Northwest Hardwoods Canada, Inc.

Kingcome

10 932

A92058

Qwe’Qwa’sot’em Forestry Ltd.

Kingcome

not specified (exempt forest licence)

A20913

Timberwest Forest Corp.

Strathcona

24 006

A29159

Timberwest Forest Corp.

Strathcona

21 412

A19244

Western Forest Products Inc.

Kingcome

14 065

Part 5 – North Island TSA

Designation of North Island TSA

13 The land contained within the boundaries shown and described on the GeoBC map with

the map name North Island Timber Supply Area and map reference number 577.3409711

G786 TSA3 2016 is designated as the North Island TSA.

AAC for North Island TSA

14 The AAC for the Crown land in the North Island TSA is 1 248 100 m 3 .

Apportionment of cut in North Island TSA

15 In respect of the AAC of 1 248 100 m 3 specified for the North Island TSA,

(a) 885 510 m 3 is available to the minister for the purposes of granting under agreements referred

to in

section 12 (1) [form of agreements] of the Forest Act , and

(b) 362 590 m 3 is available to the timber sales manager for the purposes of granting under agreements

referred to in

section 12 (2) of the Forest Act .

AACs for forest licences in North Island TSA

16 For an affected forest licence identified in the following table,

(

a) the North Island TSA is the area in which Crown timber may be harvested under

the licence, and

(

b) the AAC set out in column 4, opposite the licence’s identification information

in columns 1 to 3, is the AAC that may be harvested under that licence:

Item

Column 1

Licence No.

Column 2

Licence Holder

Column 3

Former TSA

Column 4

AAC (m 3 )

A19236

Aat’uu Forestry Limited Partnership

Strathcona

55 445

A84558

Ka:’yu:’k’t’h’/Che:k:tles7et’h’ First Nations

Strathcona

not specified (exempt forest licence)

A75083

Lions Gate Forest Products Ltd.

Kingcome

not specified (exempt forest licence)

A53745

Matchlee Limited Partnership

Strathcona

16 918

A90791

Nuchatlaht

Strathcona

not specified (exempt forest licence)

A74689

Raven Industries Ltd.

Strathcona

10 336

A19243

Richmond Plywood Corporation Limited

Kingcome

38 109

A91925

Tlowitsis Tribe

Strathcona

not specified (exempt forest licence)

A94321

Tlowitsis Tribe

Strathcona

not specified (exempt forest licence)

A19231

Western Forest Products Inc.

Strathcona

303 283

A90802

WWK Forestry Limited Partnership

Strathcona

not specified (exempt forest licence)

A91958

0898322 B.C. Ltd.

Strathcona

not specified (exempt forest licence)

A94482

0898322 B.C. Ltd.

Strathcona

not specified (exempt forest licence)

AACs for new forest licences in North Island TSA

(1) The holder of an affected forest licence identified in item 7, 8, 9, 10, 11,

17 or 18 of the table in

section 12 [AACs for forest licences in GBR South TSA] may also harvest Crown timber in the North Island TSA under a new forest licence if

the minister enters into the new forest licence with that holder in accordance with

section 29 [direct award of new forest licences] of the Act.

(2) The AAC that may be harvested under a new forest licence referred to in subsection

(1) is the AAC set out in column 2 of the following table, opposite the holder referred

to in column 1 with whom the minister may enter into the new forest licence:

Item

Column 1

Holder of New Forest Licence

Column 2

AAC (m 3 ) for New Forest Licence

in North Island TSA

holder of licence no. A19232 identified in item 7 of the table in

section 12

104 689

holder of licence no. A19238 identified in item 8 of the table in

section 12

63 495

holder of licence no. A77806 identified in item 9 of the table in

section 12

42 330

holder of licence no. A77807 identified in item 10 of the table in

section 12

36 047

holder of licence no. A86955 identified in item 11 of the table in

section 12

87 015

holder of licence no. A29159 identified in item 17 of the table in

section 12

14 880

holder of licence no. A19244 identified in item 18 of the table in

section 12

5 443

Part 6 – Pacific TSA

AAC for Pacific TSA

18 The AAC for the Crown land in the Pacific TSA is

(a) 62 400 m 3 for the GBR part of the TSA, and

(b) 1 279 700 m 3 for the non-GBR part of the TSA.

Apportionment of cut in GBR part of Pacific TSA

19 In respect of the AAC of 62 400 m 3 specified for the GBR part of the Pacific TSA,

(a) 11 052 m 3 is available to the minister for the purposes of granting under agreements referred

to in

section 12 (1) [form of agreements] of the Forest Act , and

(b) 51 348 m 3 is available to the timber sales manager for the purposes of granting under agreements

referred to in

section 12 (2) of the Forest Act .

Apportionment of cut in non-GBR part of Pacific TSA

20 In respect of the AAC of 1 279 700 m 3 specified for the non-GBR part of the Pacific TSA,

(a) 9 999 m 3 is available to the minister for the purposes of granting under agreements referred

to in

section 12 (1) [form of agreements] of the Forest Act , and

(b) 1 269 701 m 3 is available to the timber sales manager for the purposes of granting under agreements

referred to in

section 12 (2) of the Forest Act .

Part 7 – TFL 25

AAC for TFL area for TFL 25

21 The AAC for the TFL area for TFL 25 is 234 300 m 3 .

Allocation of AAC for TFL area for TFL 25

22 The AAC of 234 300 m 3 specified for the TFL area for TFL 25 is allocated as follows:

(a) 152 300 m 3 is allocated to the north part of that TFL area;

(b) 82 000 m 3 is allocated to the south part of that TFL area.

Part 8 – TFL 39

Division 1 – AAC for TFL Area for TFL 39

AAC for TFL area for TFL 39

23 The AAC for the TFL area for TFL 39 is

(a) 41 300 m 3 for the GBR part of the TFL area, and

(b) 1 375 000 m 3 for the non-GBR part of the TFL area.

Partition of AAC for TFL area for TFL 39

(1) In this section, “management plan” means a management plan within the meaning of

section 35.2 [management plan for tree farm licence] of the Forest Act .

(2) The AAC of 1 375 000 m 3 specified for the non-GBR part of the TFL area for TFL 39 is partitioned in order

to attribute 1 203 000 m 3 to those areas of Crown land and private land that are identified as conventional

harvesting areas in the map attached to the management plan for the TFL area, as that

management plan read on January 1, 2017.

Division 2 – Adaption of Cut Control for TFL 39

Definitions for Division 2

25 In this Division:

“last cut control period” , in relation to a notional licence, means the cut control period that ends when the

AAC adjustment period ends;

“notional licence” means a notional licence established by

section 27 [notional division of TFL 39] .

Application of Division 2

26 This Division applies in respect of TFL 39 in order to take into account the following:

(

a) the AAC specified by the Lieutenant Governor in Council for the GBR part of

TFL area;

(

b) the AAC specified by the Lieutenant Governor in Council for the non-GBR part

of the TFL area;

(

c) if determined, the AAC determined by the chief forester for the non-GBR part

of TFL area.

Notional division of TFL 39

(1) During the AAC adjustment period, TFL 39 is notionally divided into

(

a) a notional licence for the GBR part of the TFL area, and

(

b) a notional licence for the non-GBR part of the TFL area.

(2) A notional licence is deemed to be a licence as defined in

section 75.4 (1)

[cut control period for major licences] of the Forest Act .

Cut control rules for TFL 39

(1) The first cut control period for a notional licence is deemed to have begun on

the same day as the cut control period for TFL 39, as that cut control period existed

immediately before January 1, 2017.

(2) Subject to subsections (1) and (3), the cut control periods for a notional

licence are the cut control periods determined for the notional licence under

section

75.4 [cut control period for major licences] of the Forest Act .

(3) The cut control period for a notional licence ends when the AAC adjustment

period ends.

Assignment of timber harvested under TFL 39

29 During the AAC adjustment period, the minister may assign to a notional licence the

volume of timber harvested under TFL 39 or portions of that volume that the minister

considers appropriate.

Rules for excess volume harvested under TFL 39

30 If there is an excess volume of timber harvested during the last cut control period

for a notional licence, the excess volume

(

a) must be treated under

section 75.7 [carry forward of excess harvest volume] of the Forest Act as being timber harvested during the next cut control period for TFL 39, and

(

b) must not be offset by the unharvested volume, if any, relating to the last

cut control period for the other notional licence.

Part 9 – TFL 45

AAC for TFL area for TFL 45

31 The AAC for the TFL area for TFL 45 is 140 000 m 3 .

Part 10 – TFL 47

Division 1 – AAC for TFL Area for TFL 47

AAC for TFL area for TFL 47

32 The AAC for the TFL area for TFL 47 is

(a) 388 500 m 3 for the GBR part of the TFL area, and

(b) 241 500 m 3 for the non-GBR part of the TFL area.

Division 2 – Adaption of Cut Control for TFL 47

Definitions for Division 2

33 In this Division:

“last cut control period” , in relation to a notional licence, means the cut control period that ends when the

AAC adjustment period ends;

“notional licence” means a notional licence established by

section 35 [notional division of TFL 47] .

Application of Division 2

34 This Division applies in respect of TFL 47 in order to take into account the following:

(

a) the AAC specified by the Lieutenant Governor in Council for the GBR part of

the TFL area;

(

b) the AAC specified by the Lieutenant Governor in Council for the non-GBR part

of the TFL area;

(

c) if determined, the AAC determined by the chief forester for the non-GBR part

of the TFL area.

Notional division of TFL 47

(1) During the AAC adjustment period, TFL 47 is notionally divided into

(

a) a notional licence for the GBR part of the TFL area, and

(

b) a notional licence for the non-GBR part of the TFL area.

(2) A notional licence is deemed to be a licence as defined in

section 75.4 (1)

[cut control period for major licences] of the Forest Act .

Cut control rules for TFL 47

(1) The first cut control period for a notional licence is deemed to have begun on

the same day as the cut control period for TFL 47, as that cut control period existed

immediately before January 1, 2017.

(2) Subject to subsections (1) and (3), the cut control periods for a notional

licence are the cut control periods determined for the notional licence under

section

75.4 [cut control period for major licences] of the Forest Act .

(3) The cut control period for a notional licence ends when the AAC adjustment

period ends.

Assignment of timber harvested under TFL 47

37 During the AAC adjustment period, the minister may assign to a notional licence the

volume of timber harvested under TFL 47 or portions of that volume that the minister

considers appropriate.

Rules for excess volume harvested under TFL 47

38 If there is an excess volume of timber harvested during the last cut control period

for a notional licence, the excess volume

(

a) must be treated under

section 75.7 [carry forward of excess harvest volume] of the Forest Act as being timber harvested during the next cut control period for TFL 47, and

(

b) must not be offset by the unharvested volume, if any, relating to the last

cut control period for the other notional licence.

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