Definitions

1   In this regulation:

"AAC" means allowable annual cut;

"AAC available" means allowable annual cut available;

"AAC partition" means allowable annual cut partition;

"Act" means the Forest Act;

"base-level AAC" means the base-level allowable annual cut;

"minister's order" means an order of the minister under section 75.02 [partition order] of the Act;

"pre-order period", in relation to a minister's order respecting an AAC partition, means the period

(a) starting on the date the AAC partition took effect, and

(b) ending on the end date used under section 6 [reduction to limit if excessive volume harvested in pre-order period] in determining the volume of partitioned timber harvested under the licence since the date the AAC partition took effect.

[am. B.C. Reg. 237/2017, Sch. s. 1.]

Base-level AAC

2   The base-level AAC that is prescribed for the purposes of Division 3.01 [Allowable Annual Cut Partition] of Part 4 [General Tenure Provisions] of the Act is 10 001 m³ a year.

[am. B.C. Reg. 237/2017, Sch. s. 2.]

Exempted licences

3   For the purposes of paragraph (b) of the definition of "exempted licence" in section 75.01 (1) [definitions] of the Act, a non-replaceable forest licence is an exempted licence if

(a) the licence is in a timber supply area or tree farm licence area to which a minister's order applies, and

(b) the licence meets one or more of the following conditions:

(i) there are not more than 5 years remaining in the term of the licence on the date the minister's order is made;

(ii) the licence restricts timber harvesting to one or more of the following, as applicable:

(A) a type of timber or terrain in a part of Crown land within the timber supply area or tree farm licence area;

(B) an area of Crown land within the timber supply area or tree farm licence area;

(C) a type of timber or terrain in a part of private land within the tree farm licence area.

Repealed

4   Repealed. [B.C. Reg. 237/2017, Sch. s. 3.]

Limit on harvested volume of partitioned timber

5   (1) Subject to section 6, if a limit in respect of an AAC partition is to be specified by minister's order for a forest licence or tree farm licence, the limit in respect of the partitioned timber must be determined as an aggregate limit for the term of the minister's order, as calculated by the following formula:

(2) For the purposes of the formulas in subsection (1) and section 6 (2) (b), a licence's proportionate share of the AAC for a timber supply area or tree farm licence area is the portion determined by the following formula:

[en. B.C. Reg. 237/2017, Sch. s. 3.]

Reduction to limit if excessive volume harvested in pre-order period

6   (1) The minister may reduce the aggregate limit determined for a licence under section 5 if, in considering under section 75.02 (4.1) [partition order] of the Act the volume of partitioned timber harvested under the licence since the date the AAC partition took effect, the minister considers that the reduction is necessary to ensure the AAC partition is carried out.

(2) The maximum amount by which an aggregate limit for a licence may be reduced under this section is the amount equal to the difference between

(a) the aggregate volume of partitioned timber harvested under the licence during the pre-order period, as determined by

(i) adding the applicable volumes referred to in section 6.2 (1) (a) to (d) [determination of harvested volume] using the sources of information and data set out in section 6.2 (2) (a) to (g), and

(ii) excluding the volumes and grades of timber referred to in section 6.3 [exclusion of certain grades and volumes of partitioned timber], and

(b) the volume determined by the following formula:

(3) An aggregate limit for a licence may be reduced under this section only if the aggregate volume referred to in subsection (2) (a) exceeds the volume determined under subsection (2) (b).

[en. B.C. Reg. 237/2017, Sch. s. 3.]

Specification of one limit for 2 or more forest licences held by same person

6.1   For the purposes of section 75.02 (3.1) [partition order] of the Act, if aggregate limits on the harvested volume of partitioned timber are determined under this regulation for 2 or more forest licences held by the same person, the sum of those aggregate limits may be specified as one aggregate limit that applies in relation to those licences.

[en. B.C. Reg. 237/2017, Sch. s. 3.]

Determination of harvested volume

6.2   (1) For the purposes of the definition of "harvested volume" in section 75.01 (1) [definitions] of the Act, if a minister's order specifies an aggregate limit in relation to a licence, the volume of the partitioned timber harvested under the licence during the term of the minister's order must be determined by adding the following, as applicable:

(a) the volume of partitioned timber cut or removed under that licence, including

(i) any volume of partitioned timber that, under section 72 (9) [removal of dead or damaged timber] or 73 (8) [removal of dead or damaged timber from a timber supply area] of the Act, is deemed to be cut or removed under the licence,

(ii) any volume of partitioned timber that, under Division 3.1 [Cut Control] of Part 4 [General Tenure Provisions] of the Act, is attributed to another licence, and

(iii) any volume of partitioned timber that, under section 119.2 (2) [volume cut under road permit deemed to be harvested under licence for cut control purposes] of the Act, is deemed to be harvested under the licence;

(a.1) the volume of partitioned timber cut or removed under road permits associated with that licence, unless a person other than the holder of the licence holds an agreement under the Act that grants rights with respect to that timber;

(b) the volume of partitioned timber, other than volume already counted under paragraph (a) or (a.1) of this subsection, estimated to be wasted or damaged under that licence and under road permits associated with that licence, including

(i) any volume of partitioned timber that, under section 72 (9) or 73 (8) of the Act, is deemed to be wasted or damaged under the licence,

(ii) any volume of partitioned timber that, under Division 3.1 of Part 4 of the Act, is attributed to another licence, and

(iii) in relation to a road permit described in section 119.1 (3) [road permit content — right to cut timber in right-of-way] of the Act that is associated with the licence, any volume of partitioned timber described in section  119.1  (3)  (a)  (i) or  (ii) of the  Act;

(c) the volume of partitioned timber cut, damaged or destroyed by the holder of that licence without authorization;

(d) the volume of partitioned timber that, under section 22.3 [volume harvested under BCTS licence deemed to be harvested under non-BCTS licence for cut control purposes] of the Act, is deemed to be harvested under that licence.

(2) A minister's order that specifies an aggregate limit in relation to a licence must set out the sources of information and data to be used, during the term of the minister's order, in determining the harvested volume under subsection (1), which sources may include any or all of the following, as they relate to the licence:

(a) scales made under Part 6 [Timber Scaling] of the Act;

(b) cut control statements issued on behalf of the government;

(c) stumpage billed by the government;

(d) waste assessments;

(e) information provided by a timber cruise;

(f) assessments made by the holder of the licence, if required under section 6.4 [minister may require assessments] of this regulation;

(g) other assessments, made by or on behalf of the minister, that the minister considers appropriate.

(3) If an aggregate limit in relation to a licence is reduced under section 6 [reduction to limit if excessive volume harvested in pre-order period], the minister's order must set out the following:

(a) the amount of the reduction;

(b) the factors considered in making the reduction;

(c) the sources of information and data used in determining the aggregate volume of partitioned timber harvested during the pre-order period;

(d) the end date used in making the determination referred to in paragraph (c).

[en. B.C. Reg. 237/2017, Sch. s. 3; am. B.C. Reg. 62/2024, Sch., s. 19.]

Exclusion of certain volumes and grades of partitioned timber

6.3   Despite section 6.2, in determining the harvested volume for a licence under that section, the following must be excluded:

(a) a volume of partitioned timber referred to in section 6.2 (1) (a), (b) or (c), if that volume of partitioned timber has been attributed to the licence under Division 3.1 of Part 4 of the Act;

(a.1) for certainty, a volume of partitioned timber referred to in section 6.2 (1) (b), if the holder of the licence is or would be relieved under section 119.1 (3) (b) of the Act from any requirement in the licence to pay waste assessments in relation to that timber;

(a.2) a volume of partitioned timber referred to in section 6.2 (1) (b) (iii) that is in the licence area of an area-based licence;

(b) a volume of partitioned timber determined based on a scale under Part 6 [Timber Scaling] of the Act, if that volume of partitioned timber is

(i) grade code Z listed in the Schedule of Coast Timber Grades to the Scaling Regulation, or

(ii) a grade code listed in the Schedule of Interior Timber Grades to the Scaling Regulation, other than grade code 1, 2 or 4.

[en. B.C. Reg. 237/2017, Sch. s. 3; am. B.C. Reg. 62/2024, Sch., s. 20.]

Minister may require assessments

6.4   A minister's order that specifies an aggregate limit in relation to a licence may require the holder of the licence to make assessments, at specified times during the term of the minister's order, of the volume of partitioned timber harvested under that licence.

[en. B.C. Reg. 237/2017, Sch. s. 3.]

Increase or waiver of harvested volume limit

7   For the purposes of section 75.03 [increase or waiver of harvested volume limit in order] of the Act, the minister may increase or waive the harvested volume limit that is specified for a licence in the minister's order if the minister is satisfied that the reasons for the increase or waiver meet one or more of the following criteria:

(a) the increase or waiver is requested by a first nation with respect to a licence entered into with that first nation under section 47.3 (1) (a) [direct award of specific licences] of the Act and the minister's order does not meet the objectives contemplated under the agreement referred to in that section between the first nation and the government;

(b) it is necessary or desirable for the holder of the licence to exceed or be free of the harvested volume limit because the timber is in danger, as a result of forest health factors, of being significantly reduced in value, lost or destroyed;

(c) compliance with the minister's order is inconsistent with a notice given by the regional manager, in accordance with the terms of the licence, restricting the holder of the licence from applying for cutting permits for areas of Crown land that meet the requirements set out in the regional manager's notice.

Penalty rate

8   (1) In this section, "average stumpage rate" means the average stumpage rate that was applicable to timber harvested under the licence during the last year in which stumpage was payable in respect of that timber.

(2) For the purposes of section 75.05 (2) (b) [penalty for non-compliance with minister's order] of the Act, the prescribed rate is

(a) the average stumpage rate, for that portion of the volume that exceeds the harvested volume limit by 10% or less, and

(b) twice the average stumpage rate, for that portion of the volume that exceeds the harvested volume limit by more than 10%.

Relief from penalty

9   The minister may grant relief from a penalty imposed under section 75.05 [penalty for non-compliance with minister's order] of the Act if the minister is satisfied that the penalty results from circumstances that are

(a) beyond the control of the holder of the licence, and

(b) unrelated to the holder's financial situation.

[en. B.C. Reg. 237/2017, Sch. s. 4.]