Definitions

1  In this regulation:

"Act" means the Forest Act;

"operational plan" means an operational plan as defined in section 1 (1) of the Forest Practices Code of British Columbia Act.

 Allowable annual cut

2  (1)  On the request of a holder of an agreement who has failed to harvest a minimum volume required by section 64 of the Act, the regional manager, minister or person authorized by the minister may refrain, in whole or in part, from making a reduction under section 66 of the Act, if satisfied that the reason for the failure to harvest was outside the control of the holder, and was caused by any of the following:

(a) work stoppage, including strike, lockout, injunction or moratorium;

(b) fire, flood or other natural causes;

(c) forest closures over 2 or more fire seasons during a 5 year cut control period;

(d) delay by the government in billing cruised or scaled volumes of timber harvested under the agreement or in updating timber harvesting records for the agreement;

(e) delay by the government in authorizing harvesting operations under the agreement if

(i)  the government decides to carry out special, unforeseen or extraordinary environmental, integrated resource, forest management or traditional use studies, or

(ii)  the holder is required by the government to carry out a study referred to in subparagraph (i);

(f) delay in operational planning resulting from strategic level planning requirements by the government;

(g) relocation of harvesting operations to a location that contains timber that is in imminent danger of being lost, destroyed or significantly reduced in value;

(h) relocation of harvesting operations as a result of a decision by the government to carry out special, unforeseen or extraordinary environmental, integrated resource, forest management or traditional use studies;

(i) depressed markets for wood products, as determined by the minister;

(j) incorrect information, or lack of information, from the government;

(k) delay by the government in the approval of operational plans or the issuance of a cutting permit or road permit, unless the delay was due to action taken under the Performance Based Harvesting Regulation;

(l) other circumstances similar to any of those under paragraphs (a) to (k).

(1.1)  On the request of a holder of an agreement who has failed to harvest a minimum volume required by section 64 of the Act, the regional manager, minister or person authorized by the minister may refrain, in whole or in part, from making a reduction under section 66 of the Act, if satisfied that the reason for the failure to harvest was caused by the holder of the agreement taking measures, approved by the regional manager, to control or dispose of insects, diseases, animals or abiotic factors that are causing damage to, or threatening, timber on Crown land.

(2)  The regional manager, the minister or a person authorized by the minister may refrain from making a reduction under section 66 of the Act if doing so would be in furtherance of an economic plan under the Job Protection Act which the minister has accepted and the plan contains provisions relating directly or indirectly to this regulation.

[am. B.C. Regs. 416/2000, s. 1; 277/2001.]

 Carry forward of the volume of deficiency

3  (1)  For the purposes of section 67 (4) of the Act, the minister or person authorized by the minister may grant an approval under that subsection if satisfied that all the following requirements are met:

(a) the holder of the agreement has requested the approval;

(b) the holder of the agreement has

(i)  paid stumpage or other money payable to the government by the due date under section 130 of the Act, or

(ii)  made arrangements satisfactory to the regional manager or district manager to pay the stumpage or other money;

(c) except for the failure to harvest, the holder of the agreement has managed the agreement in substantial compliance with the requirements of the agreement, the Forest Practices Code of British Columbia Act, the regulations made under that Act, this Act and the regulations made under this Act;

(d) the failure to harvest is not the result of a strike, lockout or other similar occurrence;

(e) the holder of the agreement did everything reasonably possible to remedy the deficiency;

(f) the relief meets the government's social and economic objectives.

(2)  If, in the opinion of the regional manager, the minister or a person authorized by the minister, the allowable annual cut for a timber supply area or a tree farm licence is subject to a reduction because of harvesting relating to a carry forward, the regional manager, the minister or the person authorized by the minister must obtain the consent of the chief forester, or a person authorized by the chief forester, before permitting the holder of the agreement to harvest all or a portion of the volume deficiency in a subsequent 5 year cut control period, subject to any stipulations that may be imposed by the chief forester or the person authorized by the chief forester.

[am. B.C. Reg. 416/2000, s. 2.]

 Notice of decision

4  (1)  The regional manager, the minister or a person authorized by the minister must

(a) give notice of the decision made under section 2 or 3 to the holder of an agreement, and

(b) allow the holder of the agreement an opportunity to be heard during the 30 day period after giving the notice.

(2)  After the expiry of the 30 day period referred to in subsection (1), the regional manager, the minister or the person authorized by the minister must confirm, vary or rescind the decision.