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"Point in Time" Regulation Content

Forest Act

Special Purpose Areas Regulation

B.C. Reg. 153/2023

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 5 April 1, 2024
Section 9 April 1, 2024
Section 14 April 1, 2024
Section 25 April 1, 2024
Section 27 April 1, 2024
Section 28 April 1, 2024
Section 29 April 1, 2024
Section 31 April 1, 2024
Section 32 April 1, 2024
Section 36 April 1, 2024
Section 37 April 1, 2024
Section 40 April 1, 2024
Section 49 April 1, 2024
Section 73 April 1, 2024

 Section 5 (1) (a) BEFORE amended by BC Reg 62/2024, effective April 1, 2024.

(a) in relation to the holder of a cutting permit issued under a community forest agreement or woodlot licence, the requirement set out in section 16 (a) (ii) [requirements for section 243 (1) of Act];

 Section 9 (a) (i) and (ii) BEFORE amended by BC Reg 62/2024, effective April 1, 2024.

(i) under the holder's licence, or

(ii) under other licences or agreements that the minister considers are comparable to the holder's licence;

 Section 14 (2) BEFORE amended by BC Reg 62/2024, effective April 1, 2024.

(2) If the operation of the cutting permit is, as at the effective date of the special purpose area designation, subject to a postponement under section 58.21 [postponement of operation of cutting permits] of the Act, the expiry date of the cutting permit is deemed to be the date on which the cutting permit would expire if the cutting permit were not subject to the postponement.

 Section 25 BEFORE amended by BC Reg 62/2024, effective April 1, 2024.

Compensation if holder also entitled under licence compensation provision

25   In the circumstances described in section 12 [compensation if licence holder also eligible under cutting permit compensation provision], the total amount of compensation for which the holder of a cutting permit issued under an area-based licence or forest licence is eligible must be determined under Part 4 [Compensation if Holder Eligible for Compensation Under Licence Compensation Provision and Cutting Permit Compensation Provision].

 Section 27 BEFORE amended by BC Reg 62/2024, effective April 1, 2024.

Purpose of Part 4

27   This Part sets out the method for determining the total amount of compensation for which the holder of a cutting permit issued under an area-based licence or forest licence is eligible in the circumstances described in section 12 [compensation if licence holder also eligible under cutting permit compensation provision].

 Section 28 (part) BEFORE amended by BC Reg 62/2024, effective April 1, 2024.

Compensable volumes

28   If the holder of a cutting permit issued under an area-based licence or forest licence is eligible for compensation under both a cutting permit compensation provision and a licence compensation provision, the minister must do the following:

 Section 29 BEFORE amended by BC Reg 62/2024, effective April 1, 2024.

Application of Division 2 of Part 4

29   This Division applies to the holder of a cutting permit issued under an area-based licence or forest licence if the holder's aggregate compensable CP volume is equal to or greater than the holder's aggregate compensable AAC volume.

 Section 31 (1) BEFORE amended by BC Reg 62/2024, effective April 1, 2024.

(1) The minister must pay interest on the amount of compensation that the minister determines is payable under section 30 to the holder of a cutting permit issued under an area-based licence or forest licence.

 Section 32 (part) BEFORE amended by BC Reg 62/2024, effective April 1, 2024.

Application of Division 3 of Part 4

32   This Division applies to the holder of a cutting permit issued under an area-based licence or forest licence if

 Section 36 (2) BEFORE amended by BC Reg 62/2024, effective April 1, 2024.

(2) The minister must pay interest on the amount of compensation that the minister determines is payable under subsection (1) to the holder of a cutting permit issued under an area-based licence or forest licence.

 Section 37 (part) BEFORE amended by BC Reg 62/2024, effective April 1, 2024.

Application of Division 4 of Part 4

37   This Division applies to the holder of a cutting permit issued under an area-based licence or forest licence if

 Section 40 (2) BEFORE amended by BC Reg 62/2024, effective April 1, 2024.

(2) The minister must pay interest on the amount of compensation that the minister determines is payable under subsection (1) to the holder of a cutting permit issued under an area-based licence or forest licence.

 Section 49 (2) (part) BEFORE amended by BC Reg 62/2024, effective April 1, 2024.

(2) If compensation, as determined under the applicable cutting permit compensation provision, is provided to the holder of a cutting permit issued under a forestry licence to cut, the minister must reduce the volume of timber authorized to be harvested under the forestry licence to cut by an amount determined using the following formula:

 Section 73 (2) (b) (i) BEFORE amended by BC Reg 62/2024, effective April 1, 2024.

(i) a cutting permit issued under a forest licence, timber licence, area-based licence or forestry licence to cut, or