Definitions

1   In this regulation:

"AAC" means allowable annual cut;

"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;

"GeoBC map" means a map deposited in the Media Vault, GeoBC, Victoria;

"TFL" means tree farm licence;

"TSA" means timber supply area.

[am. B.C. Reg. 328/2016, Sch., s. 2.]

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.

[en. B.C. Reg. 328/2016, Sch., s. 3.]

Maximum AAC for GBR forest management area

2   The maximum AAC for the GBR forest management area is 2 500 000 m³.

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.

[en. B.C. Reg. 328/2016, Sch., s. 5.]

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.

[en. B.C. Reg. 328/2016, Sch., s. 6.]

AAC for GBR North TSA

5   The AAC for the Crown land in the GBR North TSA is 803 000 m³.

[en. B.C. Reg. 328/2016, Sch., s. 6.]

AAC partition for GBR North TSA

6   (1) The AAC of 803 000 m³ specified for the GBR North TSA is partitioned as follows:

(a) 468 600 m³ 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 m³ is attributable to western red cedar and yellow cedar located within the Coast Mountains 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].

[en. B.C. Reg. 328/2016, Sch., s. 6; am. B.C. Reg. 124/2018, s. (c) (i).]

Apportionment of cut in GBR North TSA

7   In respect of the AAC of 803 000 m³ specified for the GBR North TSA,

(a) 685 024 m³ 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 m³ is available to the timber sales manager for the purposes of granting under agreements referred to in section 12 (2) of the Forest Act.

[en. B.C. Reg. 328/2016, Sch., s. 6.]

AACs for forest licences in GBR North TSA

8   (1) For the purposes of paragraph (c) of the definition of "exempt forest licence" in 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:

[en. B.C. Reg. 328/2016, Sch., s. 6.]

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.

[en. B.C. Reg. 328/2016, Sch., s. 6.]

AAC for GBR South TSA

10   The AAC for the Crown land in the GBR South TSA is 830 500 m³.

[en. B.C. Reg. 328/2016, Sch., s. 6.]

Apportionment of cut in GBR South TSA

11   In respect of the AAC of 830 500 m³ specified for the GBR South TSA,

(a) 608 445 m³ 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 m³ is available to the timber sales manager for the purposes of granting under agreements referred to in section 12 (2) of the Forest Act.

[en. B.C. Reg. 328/2016, Sch., s. 6.]

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:

[en. B.C. Reg. 328/2016, Sch., s. 6.]

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.

[en. B.C. Reg. 328/2016, Sch., s. 6.]

AAC for North Island TSA

14   The AAC for the Crown land in the North Island TSA is 1 248 100 m³.

[en. B.C. Reg. 328/2016, Sch., s. 6.]

Apportionment of cut in North Island TSA

15   In respect of the AAC of 1 248 100 m³ specified for the North Island TSA,

(a) 885 510 m³ 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 m³ is available to the timber sales manager for the purposes of granting under agreements referred to in section 12 (2) of the Forest Act.

[en. B.C. Reg. 328/2016, Sch., s. 6.]

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:

[en. B.C. Reg. 328/2016, Sch., s. 6.]

AACs for new forest licences in North Island TSA

17   (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:

[en. B.C. Reg. 328/2016, Sch., s. 6.]

AAC for Pacific TSA

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

(a) 62 400 m³ for the GBR part of the TSA, and

(b) 1 279 700 m³ for the non-GBR part of the TSA.

[en. B.C. Reg. 328/2016, Sch., s. 6.]

Apportionment of cut in GBR part of Pacific TSA

19   In respect of the AAC of 62 400 m³ specified for the GBR part of the Pacific TSA,

(a) 11 052 m³ 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 m³ is available to the timber sales manager for the purposes of granting under agreements referred to in section 12 (2) of the Forest Act.

[en. B.C. Reg. 328/2016, Sch., s. 6.]

Apportionment of cut in non-GBR part of Pacific TSA

20   In respect of the AAC of 1 279 700 m³ specified for the non-GBR part of the Pacific TSA,

(a) 9 999 m³ 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 m³ is available to the timber sales manager for the purposes of granting under agreements referred to in section 12 (2) of the Forest Act.

[en. B.C. Reg. 328/2016, Sch., s. 6.]

AAC for TFL area for TFL 25

21   The AAC for the TFL area for TFL 25 is 234 300 m³.

[en. B.C. Reg. 328/2016, Sch., s. 6.]

Allocation of AAC for TFL area for TFL 25

22   The AAC of 234 300 m³ specified for the TFL area for TFL 25 is allocated as follows:

(a) 152 300 m³ is allocated to the north part of that TFL area;

(b) 82 000 m³ is allocated to the south part of that TFL area.

[en. B.C. Reg. 328/2016, Sch., s. 6.]

AAC for TFL area for TFL 39

23   The AAC for the TFL area for TFL 39 is

(a) 41 300 m³ for the GBR part of the TFL area, and

(b) 1 375 000 m³ for the non-GBR part of the TFL area.

[en. B.C. Reg. 328/2016, Sch., s. 6.]

Partition of AAC for TFL area for TFL 39

24   (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 m³ specified for the non-GBR part of the TFL area for TFL 39 is partitioned in order to attribute 1 203 000 m³ 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.

[en. B.C. Reg. 328/2016, Sch., s. 6.]

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].

[en. B.C. Reg. 328/2016, Sch., s. 6.]

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 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.

[en. B.C. Reg. 328/2016, Sch., s. 6; am. B.C. Reg. 124/2018, s. (c) (ii).]

Notional division of TFL 39

27   (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.

[en. B.C. Reg. 328/2016, Sch., s. 6.]

Cut control rules for TFL 39

28   (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.

[en. B.C. Reg. 328/2016, Sch., s. 6.]

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.

[en. B.C. Reg. 328/2016, Sch., s. 6.]

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.

[en. B.C. Reg. 328/2016, Sch., s. 6.]

AAC for TFL area for TFL 45

31   The AAC for the TFL area for TFL 45 is 114 513 m³.

[en. B.C. Reg. 328/2016, Sch., s. 6; am. B.C. Reg. 113/2024, s. (a).]

AAC for TFL area for TFL 47

32   The AAC for the TFL area for TFL 47 is

(a) 388 500 m³ for the GBR part of the TFL area, and

(b) 241 500 m³ for the non-GBR part of the TFL area.

[en. B.C. Reg. 328/2016, Sch., s. 6.]

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].

[en. B.C. Reg. 328/2016, Sch., s. 6.]

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.

[en. B.C. Reg. 328/2016, Sch., s. 6.]

Notional division of TFL 47

35   (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.

[en. B.C. Reg. 328/2016, Sch., s. 6.]

Cut control rules for TFL 47

36   (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.

[en. B.C. Reg. 328/2016, Sch., s. 6.]

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.

[en. B.C. Reg. 328/2016, Sch., s. 6.]

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.

[en. B.C. Reg. 328/2016, Sch., s. 6.]