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B.C. Reg. 327/2016
O.C. 973/2016
Deposited December 21, 2016
effective January 1, 2017
This consolidation is current to January 18, 2022.
Link to consolidated regulation (PDF)
Link to Point in Time

Great Bear Rainforest (Forest Management) Act

Great Bear Rainforest (Forest Management) Regulation

[includes amendments up to B.C. Reg. 124/2018, June 25, 2018]

Contents
Part 1 — Definitions and Interpretation
1Definitions
1.1Interpretation for tables in sections 8, 12 and 16
Part 2 — Maximum AAC and Abolition of TSAs
2Maximum AAC for GBR forest management area
3Abolition of TSAs
Part 3 — GBR North TSA
4Designation of GBR North TSA
5AAC for GBR North TSA
6AAC partition for GBR North TSA
7Apportionment of cut in GBR North TSA
8AACs for forest licences in GBR North TSA
Part 4 — GBR South TSA
9Designation of GBR South TSA
10AAC for GBR South TSA
11Apportionment of cut in GBR South TSA
12AACs for forest licences in GBR South TSA
Part 5 — North Island TSA
13Designation of North Island TSA
14AAC for North Island TSA
15Apportionment of cut in North Island TSA
16AACs for forest licences in North Island TSA
17AACs for new forest licences in North Island TSA
Part 6 — Pacific TSA
18AAC for Pacific TSA
19Apportionment of cut in GBR part of Pacific TSA
20Apportionment of cut in non-GBR part of Pacific TSA
Part 7 — TFL 25
21AAC for TFL area for TFL 25
22Allocation of AAC for TFL area for TFL 25
Part 8 — TFL 39
Division 1 — AAC for TFL Area for TFL 39
23AAC for TFL area for TFL 39
24Partition of AAC for TFL area for TFL 39
Division 2 — Adaption of Cut Control for TFL 39
25Definitions for Division 2
26Application of Division 2
27Notional division of TFL 39
28Cut control rules for TFL 39
29Assignment of timber harvested under TFL 39
30Rules for excess volume harvested under TFL 39
Part 9 — TFL 45
31AAC for TFL area for TFL 45
Part 10 — TFL 47
Division 1 — AAC for TFL Area for TFL 47
32AAC for TFL area for TFL 47
Division 2 — Adaption of Cut Control for TFL 47
33Definitions for Division 2
34Application of Division 2
35Notional division of TFL 47
36Cut control rules for TFL 47
37Assignment of timber harvested under TFL 47
38Rules for excess volume harvested under TFL 47

Part 1 — Definitions and Interpretation

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.]

Part 2 — Maximum AAC and Abolition of TSAs

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.]

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.

[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:

ItemColumn 1
Licence No.
Column 2
Licence Holder
Column 3
Former TSA
Column 4
AAC (m3)
1A71731Gitga'at Forestry Inc.North Coastnot specified
(exempt forest licence)
2A93864Gwa'nak Resources Ltd.Mid Coastnot specified
(exempt forest licence)
3A94046Gwa'nak Resources Ltd.Mid Coastnot specified
(exempt forest licence)
4A16841Interfor CorporationNorth Coast24 488
5A16850Interfor CorporationMid Coast83 382
6A82001Interfor CorporationMid Coast66 671
7A82002Interfor CorporationMid Coast22 223
8A94009Kitasoo Forest Company Ltd.North Coastnot specified
(exempt forest licence)
9A94536Kitasoo Forest Company Ltd.Mid Coastnot specified
(exempt forest licence)
10A83918Kvamua Enterprises Limited PartnershipMid Coastnot specified
(exempt forest licence)
11A93776Kvamua Forestry Services Ltd.Mid Coastnot specified
(exempt forest licence)
12A94010Kvamua Forestry Services Ltd.North Coastnot specified
(exempt forest licence)
13A94515Kvamua Forestry Services Ltd.Mid Coastnot specified
(exempt forest licence)
14A94516Kvamua Forestry Services Ltd.Mid Coastnot specified
(exempt forest licence)
15A90762Nanwakolas Forestry Limited PartnershipMid Coastnot specified
(exempt forest licence)
16A87259Nuxalk Forestry Limited PartnershipMid Coastnot specified
(exempt forest licence)
17A16837Sonora Logging LimitedNorth Coast14 049
18A16838Sonora Logging LimitedNorth Coast10 001
19A16848SWC Holdings Ltd.Mid Coast10 001
20A16820Triumph Timber Ltd.North Coastnot specified
(exempt forest licence)
21A16845Western Forest Products Inc.Mid Coast136 029
22A16847Western Forest Products Inc.Mid Coast19 674

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

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.

[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:

ItemColumn 1
Licence No.
Column 2
Licence Holder
Column 3
Former TSA
Column 4
AAC (m3)
1A92581Da'naxda'xw Forestry Services Ltd.Kingcomenot specified
(exempt forest licence)
2A93095Gwa'nak Resources Ltd.Kingcomenot specified
(exempt forest licence)
3A93096Gwa'nak Resources Ltd.Kingcomenot specified
(exempt forest licence)
4A94311Gwa'nak Resources Ltd.Kingcomenot specified
(exempt forest licence)
5A94047Gwa'nak Resources Ltd.Kingcomenot specified
(exempt forest licence)
6A90455Homalco Forestry Limited PartnershipStrathconanot specified
(exempt forest licence)
7A19232Interfor CorporationStrathcona20 837
8A19238Interfor CorporationKingcome167 395
9A77806Interfor CorporationKingcome111 596
10A77807Interfor CorporationKingcome95 034
11A86955Interfor CorporationStrathcona17 320
12A90383Kwiakah First NationStrathconanot specified
(exempt forest licence)
13A19242Mill & Timber Products Ltd.Kingcome40 029
14A49542Northwest Hardwoods Canada, Inc.Kingcome10 932
15A92058Qwe'Qwa'sot'em Forestry Ltd.Kingcomenot specified
(exempt forest licence)
16A20913Timberwest Forest Corp.Strathcona24 006
17A29159Timberwest Forest Corp.Strathcona21 412
18A19244Western Forest Products Inc.Kingcome14 065

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

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.

[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:

ItemColumn 1
Licence No.
Column 2
Licence Holder
Column 3
Former TSA
Column 4
AAC (m3)
1A19236Aat'uu Forestry Limited PartnershipStrathcona 55 445
2A84558Ka:'yu:'k't'h'/Che:k:tles7et'h' First NationsStrathconanot specified
(exempt forest licence)
3A75083Lions Gate Forest Products Ltd.Kingcomenot specified
(exempt forest licence)
4A53745Matchlee Limited PartnershipStrathcona16 918
5A90791NuchatlahtStrathconanot specified
(exempt forest licence)
6A74689Raven Industries Ltd.Strathcona10 336
7A19243Richmond Plywood Corporation LimitedKingcome38 109
8A91925Tlowitsis TribeStrathconanot specified
(exempt forest licence)
9A94321Tlowitsis TribeStrathconanot specified
(exempt forest licence)
10A19231Western Forest Products Inc.Strathcona303 283
11A90802WWK Forestry Limited PartnershipStrathconanot specified
(exempt forest licence)
12A919580898322 B.C. Ltd.Strathconanot specified
(exempt forest licence)
13A944820898322 B.C. Ltd.Strathconanot specified
(exempt forest 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:

ItemColumn 1
Holder of New Forest Licence
Column 2
AAC (m3) for New Forest Licence in North Island TSA
1holder of licence no. A19232 identified in item 7 of the table in section 12104 689
2holder of licence no. A19238 identified in item 8 of the table in section 1263 495
3holder of licence no. A77806 identified in item 9 of the table in section 1242 330
4holder of licence no. A77807 identified in item 10 of the table in section 1236 047
5holder of licence no. A86955 identified in item 11 of the table in section 1287 015
6holder of licence no. A29159 identified in item 17 of the table in section 1214 880
7holder of licence no. A19244 identified in item 18 of the table in section 125 443

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

Part 6 — Pacific TSA

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.]

Part 7 — TFL 25

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.]

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 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.]

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].

[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.]

Part 9 — TFL 45

AAC for TFL area for TFL 45

31   The AAC for the TFL area for TFL 45 is 140 000 m3.

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

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 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.]

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].

[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.]

[Provisions relevant to the enactment of this regulation: Great Bear Rainforest (Forest Management) Act, S.B.C. 2016, c. 16, sections 7, 8, 9, 11, 13, 17, 18, 21, 23, 27, 28, 65, 68 and 69]