Section 4 (1) (e) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(e) has not had a permit that was cancelled under the Act during the period commencing 5 years prior to his application,

 Section 5 (5) (part), (6) (part), (7) and (8) (part) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(5) Subject to subsection (8), where the owner of an identifiable log claims possession of it either during the period referred to in subsection (1) or afterwards but before the sale of the log, and he and the permittee who salvaged the log agree as to the amount of remuneration payable in respect of the log by the owner to the permittee, then upon

(6) Subject to subsection (8), where the owner of an identifiable log claims possession of it either during the period referred to in subsection (1) or afterwards but before the sale of the log, but he and the permittee who salvaged the log disagree as to the amount of remuneration payable in respect of the log by the owner to the permittee, then

(7) Subject to subsections (5), (6) and (8), after the expiration of the period referred to in subsection (1), the licensee shall be deemed to be the owner of the log, and after the log has been scaled he shall dispose of the log at the highest price reasonably obtainable.

(8) Where the licensee has notice of a dispute over the ownership of an identifiable log he shall hold the log as a gratuitous bailee until he disposes of it, and he shall not dispose of it

 Section 5 (6) (b) and (c) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(b) if the owner, but not the permittee, indicates he is willing to so submit that issue, the log shall be delivered to the owner on payment by him to the permittee of remuneration in the amount the owner considers due to the permittee on the basis set out in subsection (4), and in that event a right is reserved to the permittee to challenge the amount of the remuneration in a court of law, or

(c) if the permittee, but not the owner, indicates he is willing to so submit that issue, or if both are unwilling to so submit that issue, the log shall not be delivered to the owner, but shall be treated in the same manner as a log not claimed by an owner.

 Section 7 (4) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(4) Where a licensee agrees to accept delivery of an unmerchantable log he is required to pay the permittee who delivers it in the same manner as for a merchantable log.

 Section 9 (1) (b) BEFORE amended by BC Reg 133/2011, effective July 21, 2011.

(b) keep the receiving station in Howe Sound and the other facilities open, at least on the days and for the periods specified from time to time by the regional manager in notices to the licensee, unless the licensee is prevented from doing so by circumstances beyond its reasonable control.

 Section 9 (4) BEFORE amended by BC Reg 133/2011, effective July 21, 2011.

(4)  The licensee shall maintain the records referred to in subsection (2) and have them available for inspection by the regional manager, or a forest officer authorized by him, as specified in the licence.

 Section 9 (4) BEFORE amended by BC Reg 237/2013, effective November 28, 2013.

(4)  The licensee shall maintain the records referred to in subsection (2) and have them available for inspection by the minister, as specified in the licence.

 Section 9 (3) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(3) Where the owner or the owner's agent records the information referred to in subsection (2) he shall supply a record of the information to the licensee.

 Section 10 (3), (4) and (6) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(3) Where the licensee accepts delivery of unsorted and unboomed salvage logs at a receiving station, he may deduct from the amount payable to the permittee under subsection (1) a reasonable cost for sorting and booming the logs.

(4) A licensee shall pay a permittee or the permittee's assigns

(a) for logs delivered to a receiving station not later than 30 days after the licensee receives the scale and royalty account for the logs that he received from the permittee, or

(b) for logs delivered directly to a buyer, not later than 30 days after the agreement for sale,

but, where paragraph (a) applies and the licensee does not receive a scale and royalty account in respect of the logs within 30 days after the scale of the logs, then he shall, within 45 days after the scale of the logs, make a reasonable advance payment to the permittee.

(6) Where a licensee disposes of a parcel of logs originating from more than one permittee, he shall calculate each permittee's return on the basis of the volumes and grades contributed by each permittee to the parcel.

 Section 10 (5) (b) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(b) where the permittee salvages the logs in contravention of the Act, this regulation or his permit.

 Section 12 (2) (d) (ii) (B) BEFORE amended by BC Reg 237/2013, effective November 28, 2013.

(B)  the person possessing the log has in his possession a document issued by a forest officer authorizing him to take the log to a place within the log salvage district for scaling.

 Section 12 (2) (d) (ii) (B) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(B) the person possessing the log has in his possession a document issued by the minister authorizing him to take the log to a place within the log salvage district for scaling.

 Section 12 (3) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(3) At all times while carrying out log salvage operations in the log salvage district a permittee shall keep his permit on his person or on the salvage boat he uses in the operations.

 Section 12 (4) (a) and (b) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(a) produce his permit for inspection by the officer, and

(b) provide proof of his identity.

 Section 13 (2) (c) BEFORE amended by BC Reg 237/2013, effective November 28, 2013.

(c) hold it in a safe place until he receives instructions from its owner, from the licensee or from a forest officer.

 Section 13 (1) and (2) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(1) Subject to subsections (2) to (4), where a permittee salvages a merchantable salvage log in a log salvage district he shall,

(a) as soon as practicable, deliver the log to a receiving station operated by the licensee for the log salvage district or to another location specified by the licensee, or

(b) if delivery is not practicable within 30 days, notify the licensee of his possession of the log and deliver it to a location specified by the licensee.

(2) Where a permittee salvages a log boom in a log salvage district he shall, within one full working day, notify the licensee for the log salvage district of the location of the boom and he shall also

(a) keep it intact and not remove any logs from it,

(b) if it is open, use his best efforts to close it and to contain loose logs, and

(c) hold it in a safe place until he receives instructions from its owner, from the licensee or from the minister.

 Section 14 (b) BEFORE amended by BC Reg 237/2013, effective November 28, 2013.

(b) without the consent of a forest officer, from Crown land or water covering Crown land that is above the high high-water mark.

 Section 15 (1) BEFORE amended by BC Reg 133/2011, effective July 21, 2011.

(1)  Unless authorized in writing by the regional manager, a permittee, in carrying out log salvage operations,

(a) shall not operate more than

(i)  one power salvage boat,

(ii)  in the immediate vicinity of the power salvage boat, one tender boat which may be unpowered, or powered and which may not provide live aboard accommodation, and

(iii)  2 land vehicles to assist in removing logs lying on the foreshore,

(b) shall not have as a helper a person referred to in subsection (3), nor allow such a person aboard the salvage boat, and

(c) shall stay in the immediate vicinity of and directly supervise his helper, if any.

 Section 15 (1) (c) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(c) shall stay in the immediate vicinity of and directly supervise his helper, if any.

 Section 16 BEFORE amended by BC Reg 133/2011, effective July 21, 2011.

 Section 16 (2) BEFORE amended by BC Reg 237/2013, effective November 28, 2013.

(2)  At the time of salvage or, if prevented by weather or sea conditions, as soon as reaching shelter, a permittee shall

(a) mark each log salvaged by him that is not contained in a log boom by making a clear and visible imprint with his log salvage identification hammer on one end of the log at a location where the mark will be clearly visible when the log is floating, and

(b) mark each log boom salvaged by him by making a clear and visible imprint with his log salvage identification hammer on one end of at least 2 logs in the log boom in locations where the mark will be clearly visible,

unless a forest officer directs otherwise.

 Section 16 (4) (d) BEFORE amended by BC Reg 237/2013, effective November 28, 2013.

(d) except with the written consent of a forest officer and on terms specified by the officer,

(i)  trim a salvaged log,

(ii)  cut a salvaged log into 2 or more pieces, or

(iii)  cut the roots or top from a salvaged log.

 Section 16 (2) (a) and (b) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(a) mark each log salvaged by him that is not contained in a log boom by making a clear and visible imprint with his log salvage identification hammer on one end of the log at a location where the mark will be clearly visible when the log is floating, and

(b) mark each log boom salvaged by him by making a clear and visible imprint with his log salvage identification hammer on one end of at least 2 logs in the log boom in locations where the mark will be clearly visible,

 Section 16 (3), (4) (part), (5) and (6) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(3) If a permittee loses his log salvage identification hammer he shall

(a) immediately notify the minister, and

(b) remit to the minister the fee for a new hammer,

and pending receipt of a new hammer, the permittee shall mark, in the manner set out in subsection (2), any log or any log boom he salvages by fixing his log salvage identification mark on it clearly and conspicuously with crayon or spray paint.

(4) A permittee or his helper shall not

(5) A permittee shall not allow any person except his helper to use or to have in his possession the permittee's log salvage identification hammer.

(6) Where a person is in possession of a log salvage hammer and he is not the permittee to whom it was issued nor that permittee's helper, he shall, on demand made by a forest officer or peace officer, surrender the hammer to the officer.

 Section 17 BEFORE re-enacted by BC Reg 133/2011, effective July 21, 2011.

 Section 18 (1) BEFORE amended by BC Reg 133/2011, effective July 21, 2011.

(1)  A permittee must only carry on log salvage operations during the period from one half hour after sunrise until one half hour before sunset in the following areas unless otherwise authorized by the regional manager:

(a) that part of Vancouver Harbour lying east of a straight line from the most westerly point on the Vancouver Wharves Ltd. dock to Brockton Point lighthouse;

(b) that part of the Fraser River, its tributaries, and lakes attached thereto, in the Vancouver Log Salvage District upriver from a line drawn from a point one kilometer south of Sandheads Light northerly to the western extremity of the North Arm jetty thence to the western extremity of Point Grey;

(c) that part of Howe Sound lying north of a straight line from Soames Point, on the west shore, to the northern tip of Bowyer Island to Irby Point, the southern tip of Anvil Island, thence northerly through the eastern tip of Defence Island to the west shore of Howe Sound;

(d) that part of Howe Sound inside the limits of Squamish Harbour;

(e) within 1 km of any area where log salvaging is prohibited under section 14 (a) of this regulation.

 Section 18 (2) (b) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(b) the towing of a salvaged log boom if the licensee has given the permittee a written instruction which the permittee retains in his or her possession stating the description of the boom and the place to which it is to be delivered.