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2002 Legislative Session: 3rd Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE MIKE DEJONG

MINISTER OF FORESTS

BILL 58 – 2002

CARRIER LUMBER LTD.

FOREST LICENCE COMPENSATION ACT

Contents

Section

Definition

Direct award

Criteria for award

Effect of the forest licence

Commencement

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definition

1 In this Act:

"forest licence" means an agreement in the form of a forest licence under the Forest

Act ;

"minister" means the minister responsible for the administration of the Forest

Act .

Direct award

2 Despite sections 11 and 13 of the Forest

Act , the minister, without advertising or inviting applications, may direct the regional manager to enter into a forest licence with Carrier Lumber Ltd. in furtherance of the settlement of all matters outstanding between Carrier Lumber Ltd., Plaintiff, and Her Majesty the Queen in Right of the Province of British Columbia, Defendant, in Supreme Court Action No. 30093, Prince George Registry.

Criteria for award

3 The forest licence with Carrier Lumber Ltd. referred to in

section 2 of this Act

(

a) despite

section 14 (

d) of the Forest Act , must provide that its holder is not required to pay any stumpage under

Part 7 of that Act,

(

b) despite

section 63 of the Forest Act , must provide that the forest licence is not subject to a reduction imposed under

section 63 (2) of that Act in the allowable annual cut authorized under the forest licence,

(

c) despite

section 111 of the Forest Act , must provide that its holder is not required to pay annual rent under that section,

(

d) must provide for special identification and special selection of the timber harvested under the forest licence,

(

e) must include any other provisions that the minister

(

i) considers necessary or desirable in order to give effect to the settlement referred to in

section 2, and

(ii) by written direction to the regional manager requires to be included in the forest licence,

(

f) must provide for a term of 5 years beginning on the date this paragraph comes into force, and

(

g) for the purposes of

section 15 (1) of the Forest

Act , must provide that a replacement for the forest licence must not be offered.

Effect of the forest licence

(1) The provisions that under

section 3 (

a) to (

c) of this Act are required to be included in the forest licence with Carrier Lumber Ltd. referred to in

section 2 must be given legal effect despite

(

a) section 14 (

d) of the Forest Act , in relation to stumpage,

(

b) section 63 of that Act, in relation to a reduction in allowable annual cut imposed under that section, and

(

c) section 111 of that Act, in relation to annual rent.

(2) Subject to this Act, the law respecting forest licences as it was at the end of the day on March 28, 2002, including without limitation the law respecting offences and administrative remedies, applies and continues to apply to the forest licence with Carrier Lumber Ltd. referred to in

section 2.

(3) If this Act or any of the provisions included in the forest licence with Carrier Lumber referred to in

section 2 is inconsistent or in conflict with the Forest

Act , the Forest Practices Code of British Columbia Act , the regulations under either of those Acts or the standards made under the Forest Practices Code of British Columbia

Act , this Act or that provision, as the case may be, prevails.

Commencement

5 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Note

This Bill enables the direct award to Carrier Lumber Ltd. of a forest licence under the Forest

Act .

The licence is to be in furtherance of the settlement of all matters outstanding between Carrier Lumber Ltd. and the government in Supreme Court Action No. 30093, Prince George Registry.

The licence is part of the compensation agreed to be paid by the government to Carrier Lumber Ltd. in relation to its former licence, namely, Forest Licence A 20022 in the Williams Lake Timber Supply Area.

Copyright

© 2002: Queen's Printer, Victoria, British Columbia, Canada