| Contents |
|---|
| Part 1 — Definitions and Interpretation |
| | 1 | Definitions and interpretation |
| | 1.1 | Delegation of minister's powers and duties |
| | 1.2 | Delegation of chief forester's powers and duties |
| Part 2 — Classification and Management of Forests and Forest Land and Regulation of Cutting Rates |
| | 2-4 | Repealed |
| | 5 | Provincial forests |
| | 6 | Wilderness areas |
| | 7 | Timber supply areas |
| | 8 | Allowable annual cut |
| | 8.1 | Adjusting the allowable annual cut |
| | 9 | Plans, studies, analyses and information |
| | 10 | Apportioning cut |
| Part 3 — Disposition of Timber by the Government |
| | Division 1 — Forms of Rights to Crown Timber |
| | 11 | Rights to Crown timber |
| | 12 | Form of agreements |
| | Division 2 — Forest Licences |
| | 13 | Applications |
| | 13.1 | Direct award of forest licence to produce bioenergy |
| | 13.2 | Designation of bioenergy supply contracts and specification of allowable annual cut |
| | 14 | Content of forest licence |
| | 14.1 | Mountain pine beetle salvage area |
| | 14.2 | Supplemental forest licence |
| | 15 | Replacement |
| | 15.1 | Transition for forest licence replacement |
| | 16 | Surrender of tree farm licence |
| | 17 | Repealed |
| | 18 | Transfer to other timber supply area |
| | 19 | Consolidation and subdivision of forest licences |
| | Division 3 — Timber Sale Licences |
| | 20 | Applications |
| | 21 | Repealed |
| | 22 | Content of timber sale licence |
| | 22.1 | Exemption from requirement to pay bonus offer |
| | 22.2 | BCTS disposition agreements |
| | 22.3 | Volume harvested under BCTS licence deemed to be harvested under non-BCTS licence for cut control purposes |
| | 22.4 | Payment for timber respecting non-BCTS licence with reduction |
| | 23-24 | Repealed |
| | Division 3.1 — Conversion of Timber Sale Licences |
| | 24.1-24.9 | Repealed |
| | 24.91 | No compensation |
| | Division 4 — Forest Licence Area Restriction |
| | 25 | Permanent transfer to adjacent timber supply area |
| | 26 | Minister may impose area restrictions |
| | Division 5 — Timber Licences |
| | 27 | Rights in tree farm licences |
| | 28 | Rights not in tree farm licence |
| | 29 | One timber licence |
| | 29.1 | Consolidation of timber licences |
| | 30 | Content of timber licence |
| | 31 | Extension of term of timber licence |
| | 32 | Non-timber use |
| | Division 6 — Tree Farm Licences |
| | 33 | Applications |
| | 34 | Repealed |
| | 35 | Content of tree farm licence |
| | 35.1 | Inventories |
| | 35.2 | Management plan for tree farm licence |
| | 36 | Replacement |
| | 36.1 | Transition for tree farm licence replacement |
| | 37 | Private tenure |
| | 38 | Private land |
| | 39 | Consolidation and subdivision of tree farm licences |
| | 39.1 | Change in boundary or area |
| | Division 7 — Pulpwood Agreements |
| | 40 | Repealed |
| | 41 | Content of pulpwood agreement |
| | 42 | Repealed |
| | 43 | Consolidation and subdivision of pulpwood agreements |
| | Division 7.1 — Community Forest Agreements |
| | 43.1 | Repealed |
| | 43.2 | Applications for community forest agreements |
| | 43.3 | Content of community forest agreement |
| | 43.4 | Replacement of community forest agreements |
| | 43.41 | Transition for community forest pilot agreements and probationary community forest agreements |
| | 43.5 | Repealed |
| | 43.51 | Direct award of community forest agreements |
| | 43.52 | Change in area or boundary |
| | 43.53 | Transition for community forest agreement allowable annual cut |
| | Division 7.11 — First Nations Woodland Licences |
| | 43.54 | Award of first nations woodland licence |
| | 43.55 | Content of first nations woodland licence |
| | 43.56 | Replacement of first nations woodland licences |
| | 43.57 | Change in area or boundary |
| | Division 7.2 — Repealed |
| | 43.6-43.8 | Repealed |
| | Division 8 — Woodlot Licences |
| | 44 | Applications |
| | 45 | Content of woodlot licence |
| | 45.1 | Transition for woodlot licence allowable annual cut |
| | 46 | Replacement |
| | 46.1 | Repealed |
| | 46.2 | Consolidation of woodlot licences |
| | 47 | Repealed |
| | 47.1 | Change in area or boundary |
| | 47.2 | Repealed |
| | Division 8.1 — Direct Awards |
| | 47.3 | Direct award of specified licences |
| | Division 8.2 — Licences to Cut |
| | 47.4 | Licence to cut for persons occupying land or for oil and gas purposes |
| | 47.5 | Content of occupant and master licences to cut |
| | 47.6 | Forestry licence to cut |
| | 47.7 | Content of forestry licence to cut |
| | 47.71 | Applications for fibre supply licence to cut |
| | 47.72 | Content of a fibre supply licence to cut |
| | 47.73 | Volume deemed to be harvested under licence for cut control purposes |
| | Division 8.3 — Disposition of Timber Acquired under Forestry Revitalization Act or Subject to Waste Assessment |
| | 47.8 | Disposition of timber in a tree farm licence |
| | 47.9 | Disposition of timber not harvested or removed under an agreement |
| | Division 9 — Free Use Permits for First Nations and Others |
| | 48 | Free use permit |
| | 49 | Issuance and content of free use permit |
| | 49.1 | Free use permit in area subject to area-based licence |
| | Division 9.1 — Christmas Tree Permits and Government Use |
| | 50 | Christmas tree permit |
| | 51 | Repealed |
| | 52 | Use by government employees and agents |
| Part 4 — General Tenure Provisions |
| | Division 1 — Interpretation |
| | 53 | Interpretation and application |
| | 53.1 | Holders of agreements |
| | 53.2 | Corporate relations |
| | Division 2 — Dispositions of Agreements |
| | 54 | Transfer of agreements permitted |
| | 54.01 | Conditions attached to ministerial approval of dispositions |
| | 54.02 | Mandatory refusal of dispositions |
| | 54.1 | Repealed |
| | 54.2 | Confirmation of completion of disposition and effect of completion |
| | 54.3 | Dispositions exempt from certain requirements |
| | 54.4 | Transfer of certain agreements not permitted |
| | 54.5 | Repealed |
| | 54.6 | Effect of disposition on obligations |
| | 54.61 | Suspension of rights if condition of disposition not met |
| | Division 2.1 — Corporate Changes of Control and Amalgamations |
| | 54.62 | Interpretation |
| | 54.63 | Notice of change of control or amalgamation |
| | 54.64 | Review of change of control or amalgamation |
| | 54.65 | Circumstances in which minister may take administrative action |
| | 54.66 | Administrative actions following change of control or amalgamation |
| | 54.67 | Proposal by corporation following administrative action |
| | 54.68 | Exempt changes of control |
| | 54.69 | Subsequent suspension or cancellation of rights |
| | Division 2.2 — Dispositions of Private Lands Subject to Agreements and Exchanges of Rights |
| | 54.7 | Disposition of private land subject to tree farm licence or woodlot licence |
| | 54.8 | Repealed |
| | 55-56 | Repealed |
| | 56.1 | Repealed |
| | 57 | Exchanges of rights |
| | Division 3 — Extensions, Increases, Deletions and Reductions |
| | 58 | Repealed |
| | 58.1 | Extension of timber sale licences and cutting permits |
| | 58.2 | Repealed |
| | 58.201 | Transition for cutting permits in effect on November 4, 2003 |
| | 58.21 | Postponement of operation of cutting permits |
| | 58.3 | Surrender of BC timber sales agreement |
| | 59 | Increase of allowable annual cut |
| | 59.1 | Innovative forestry practices |
| | 60 | Deletions, not affecting allowable annual cut, of Crown land from tree farm licences |
| | 60.01 | Other deletions, not affecting allowable annual cut, of Crown land |
| | 60.1 | Definitions for sections 60.2 to 60.91 |
| | 60.2 | Other deletions of Crown land — tree farm licences |
| | 60.3 | Other deletions of Crown land — community forest agreements, first nations woodland licences, woodlot licences and timber licences |
| | 60.4 | Reductions in allowable annual cut under forest licences and timber sale licences |
| | 60.5 | Notice of an order under sections 60, 60.01 or 60.2 to 60.4 |
| | 60.501 | Deletions under the Park Act |
| | 60.51 | Deemed amendment to affected agreements |
| | 60.6 | Compensation in respect of tree farm licence areas |
| | 60.7 | Compensation in respect of community forest agreement, first nations woodland licence and woodlot licence areas |
| | 60.8 | Compensation in respect of timber licences |
| | 60.9 | Compensation in respect of forest licences or timber sale licences |
| | 60.91 | Access purpose deletions or reductions unrelated to those for another purpose |
| | 60.92 | Compensation for improvements |
| | 60.93 | Arbitration Act applies |
| | 60.94 | Compensation may take form of agreement |
| | 60.95 | Set-off for benefits previously received |
| | 61 | Temporary reductions |
| | 62 | Return of surrendered harvesting rights |
| | 62.1 | Definitions for sections 63 to 63.05 |
| | 63 | Reduction among licences in timber supply area |
| | 63.01 | Determining groups of licences |
| | 63.02 | Distributing timber supply area reductions among groups of licences and ungrouped licences |
| | 63.03 | Distributing remaining part of timber supply area reduction among groups of licences and ungrouped licences |
| | 63.04 | Distributing combined allowable annual cut reductions among licences in groups of licences |
| | 63.05 | Distributing remaining part of combined allowable annual cut reduction among licences in groups of licences |
| | 63.1 | Proportionate reduction if section 59.1 applies |
| | 63.2 | Date of increase or reduction in allowable annual cut and prorating |
| | 64-66 | Repealed |
| | 67 | Repealed |
| | 68 | Increase: disposition or deletion |
| | 69 | Reduction by chief forester of allowable annual cut |
| | 70 | Reductions in allowable annual cut |
| | 71 | Repealed |
| | 72 | Removal of dead or damaged timber |
| | 73 | Removal of dead or damaged timber from a timber supply area |
| | 74 | Timber cruise |
| | 75 | Compatible use |
| | Division 3.01 — Allowable Annual Cut Partition |
| | 75.01 | Definitions |
| | 75.02 | Partition order |
| | 75.03 | Increase or waiver of harvested volume limit in order |
| | 75.04 | Consolidation, subdivision or replacement of licences subject to an order |
| | 75.05 | Penalty for non-compliance with minister's order |
| | 75.06 | Relief from penalty |
| | 75.07 | Regulation making powers |
| | Division 3.1 — Cut Control |
| | 75.1 | Interpretation |
| | 75.11 | Exception for licences that define "volume of timber harvested" |
| | 75.12 | Bonus bid equalization payment for attributed timber volumes |
| | 75.2 | Limit on total cut for licences with a term of 5 years or less |
| | 75.21 | Limit on total cut for forestry licence to cut |
| | 75.22 | Cut control period for short term licences that are extended |
| | 75.3 | Reconciliation of cut control for short term licences |
| | 75.4 | Cut control period for major licences |
| | 75.41 | Cut control limit for major licences |
| | 75.5 | Cut control period for other licences |
| | 75.51 | Cut control limit for other licences |
| | 75.6 | Reconciliation of cut control for major and other licences |
| | 75.61 | Reconciliation of cut control for woodlot licences |
| | 75.7 | Carry forward of excess harvest volume |
| | 75.8 | No carry forward of unharvested volume |
| | 75.9 | Exemption from cut control limits |
| | 75.91 | Penalty for exceeding cut control limits |
| | 75.92 | Relief |
| | 75.93 | Transitional — cut control |
| | 75.94 | Transitional — carry forward |
| | 75.95 | Transitional — volume of timber harvested |
| | 75.96 | Transitional — woodlot licence cut control and carry forward |
| | Division 4 — Suspension and Cancellation |
| | 76 | Suspension of rights |
| | 77 | Cancellation |
| | 78 | BC timber sales — disqualification, suspension and cancellation |
| | 78.1 | BC timber sales — minister's powers of suspension and cancellation |
| | 79 | Continuing liability |
| | Division 4.1 — Miscellaneous |
| | 79.1 | Residual fibre orders |
| | 80 | When compensation is not payable |
| | 80.01 | Limit on compensation |
| | 80.1 | Relief from liability for appurtenancy and processing requirements |
| | 80.2 | Forestry Revitalization Act |
| | Division 5 — Eligibility of Applicants |
| | 81 | Eligibility |
| | 81.1 | Refusal of cutting permit or road permit |
| Part 5 — Timber Marking |
| | 82 | Timber marking: interpretation |
| | 83 | Timber mark duration |
| | 84 | Timber marks |
| | 85 | Applications |
| | 86 | Scaled timber brands |
| | 87 | Applications |
| | 88 | Marine log brand |
| | 89 | Marking with marine log brand |
| | 90 | Transfer |
| | 91 | Evidence |
| | 92 | Registers |
| Part 6 — Timber Scaling |
| | 93 | Timber scaling: interpretation |
| | 93.1 | Misrepresentation prohibited |
| | 94 | Timber to be scaled |
| | 94.1 | Scaling of special forest products |
| | 95 | Scale site authorization |
| | 96 | Scale |
| | 97 | Scale return |
| | 98 | Scaling charges, costs and expenses |
| | 99 | Second scale and second check scale |
| | 100 | Scaling |
| | 101 | Re-examination |
| | 102 | Suspension and cancellation |
| Part 6.1 — Forest Resource Inventories |
| | 102.1 | Definitions for Part 6.1 |
| | 102.2 | Requirement to prepare and maintain forest resource inventories |
| | 102.3 | Time periods within which forest resource inventories must be prepared |
| | 102.4 | Content of forest resource inventory |
| | 102.5 | Maintenance of forest resource inventory |
| | 102.6 | Requirement to keep records respecting forest resource inventory |
| | 102.7 | Requirement to submit forest resource inventory to chief forester |
| | 102.8 | Requirement to review forest resource inventory in special circumstances |
| | 102.9 | Verification of information in forest resource inventory |
| Part 7 — Payments to the Government |
| | 103 | Amount of stumpage |
| | 103.1 | Assessments for merchantable Crown timber that is not cut and removed |
| | 104 | Stumpage rate for timber licence |
| | 105 | Stumpage rate determined |
| | 105.1 | Complete and accurate information |
| | 105.2 | Redetermination of stumpage rate at direction of minister |
| | 105.3 | Small scale salvage costs portion to be paid into special account |
| | 106 | Cruise instead of scale |
| | 107 | More than one rate |
| | 108 | Rate on unscaled or incorrectly scaled timber |
| | 109 | BC Timber Sales Account |
| | 110 | Repealed |
| | 111 | Annual rent |
| | 112 | Calculation of annual rent |
| | 112.1 | Annual rent for council |
| | 113 | Timber cruise |
| Part 8 — Roads and Rights of Way |
| | 114 | Definition |
| | 115 | Road permits and road use permits for timber harvesting |
| | 116 | Right to harvest Crown timber |
| | 117 | Road use permits for natural resource development purposes |
| | 118 | Road permit content |
| | 118.1 | Deactivation of roads authorized under road permits |
| | 119 | Road use permit content |
| | 120 | Repealed |
| | 120.1 | Declaration of forest service road |
| | 121 | Road and trail construction |
| Part 9 — Marine Log Salvage |
| | 121.1 | Repealed |
| | 122 | Log salvage district |
| | 123 | Receiving station licence |
| | 124 | Log salvage permit |
| | 125 | Disposal and acquisition of salvaged logs |
| | 126 | Area closure |
| Part 10 — Manufacture in British Columbia |
| | 127 | Crown timber to be used in British Columbia |
| | 127.1 | Attempt to export timber or wood residue |
| | 128 | Exemptions |
| | 129 | Exemption conditions and permit |
| Part 11 — Recovery of Money, Miscellaneous |
| | Division 1 — Recovery of Money |
| | 130 | Lien |
| | 130.1 | Limitation period |
| | 131 | Person acquiring or dealing in timber responsible for payment |
| | 132 | Removal permit |
| | 133 | Powers cumulative |
| | Division 2 — Miscellaneous |
| | 134 | Repealed |
| | 135 | Repealed |
| | 136 | Records and returns |
| | 136.1 | Limits on disclosure of reported information |
| | 136.2 | Information about security interests held in agreement |
| | 136.3 | Information about affiliates of corporate agreement holders |
| | 137 | Entry on land |
| | 138-139 | Repealed |
| | 140 | How notice or document may be served |
| | 141 | Extension of time |
| | 141.1 | Duty to comply with orders, exemptions and conditions |
| | 142 | Personal liability |
| Part 11.1 — Inspections, Audits and Assessments |
| | Division 1 — Interpretation and Application |
| | 142.1 | Definitions and application |
| | Division 2 — Inspection and Collection of Information |
| | 142.11 | Officials |
| | 142.2 | Entry on land or premises |
| | 142.21 | Inspection |
| | 142.3 | Retention of records |
| | 142.31 | Delivery of records |
| | 142.4 | Obligation of a forest revenue official |
| | 142.41 | Obligation of person on request of forest revenue official |
| | 142.42 | Penalty for failure to provide information |
| | 142.43 | Order for compliance |
| | 142.5 | Evidence |
| | Division 3 — Assessment of Stumpage, Fees in Lieu, Penalties and Interest |
| | 142.51 | Assessment of estimated stumpage and interest |
| | 142.52 | Assessment of estimated fee in lieu and interest |
| | 142.6 | Period to be considered in making an assessment |
| | 142.61 | Penalty |
| | 142.7 | Payment of assessed amount |
| | 142.71 | Notice of assessment |
| | 142.8 | Serving a notice of assessment |
| | 142.81 | Proof and onus |
| | Division 4 — Appeals of Assessments |
| | 142.9 | Appeal to revenue minister |
| | 142.91 | Appeal to court |
| | 142.92 | Affect of pending appeals |
| | 142.921 | Part 12 does not apply |
| | Division 5 — General |
| | 142.93 | Confidentiality |
| | 142.94 | Regulations |
| Part 12 — Reviews, Appeals, Regulations, Penalties |
| | Division 1 — Reviews |
| | 143 | Determination that may be reviewed |
| | 144 | Request for review |
| | 145 | Powers on review |
| | Division 2 — Appeals |
| | 146 | Determinations that may be appealed |
| | 146.1 | Part 8.1 of Forest and Range Practices Act applies |
| | 147 | Parties to appeal |
| | 148-148.6 | Repealed |
| | 149 | Powers of commission |
| | 149.1 | Repealed |
| | 149.2 | Order for compliance |
| | 150 | Repealed |
| | Division 2.1 — Appeals of Contraventions |
| | 150.1 | Forest and Range Practices Act applies to contravention appeals |
| | Division 3 — Regulations |
| | 151 | Regulations |
| | 151.01 | Criteria for exercise of discretionary powers |
| | 151.1 | Regulation making power to establish forest districts |
| | 151.2 | Repealed |
| | 151.3 | Area-based allowable annual cut |
| | 151.4 | Adapting cut control under this Act for the Forestry Revitalization Act |
| | 151.5 | Adapting cut control for provisions respecting conversion of timber sale licences |
| | 151.51 | Adapting cut control for provisions respecting first nations woodland licences |
| | 151.6 | Regulation making power for fibre supply and forestry licence to cut |
| | 151.7 | Regulation making power for first nations woodland licences |
| | 151.8 | Regulation making power in relation to dispositions of agreements and corporate changes of control and amalgamations |
| | 151.9 | Regulation making power in relation to records and returns |
| | 152 | Interpretation for sections 152 to 162 |
| | 153 | Requirement for written contracts and subcontracts |
| | 154 | Assignability of contracts and subcontracts |
| | 155 | Mediation and arbitration under contracts and subcontracts |
| | 156 | Register of Timber Harvesting Contract Mediators and Arbitrators |
| | 157 | Requirements for replaceable contracts and subcontracts |
| | 157.1 | Agreement to make a replaceable contract or subcontract non-replaceable |
| | 157.2 | Waiver by licensees, contractors and subcontractors of certain rights under regulations |
| | 158 | Special provision for certain expired contracts |
| | 159 | Applicability of certain prescribed provisions to existing contracts and subcontracts |
| | 160 | Non-compliance with prescribed requirements for contracts and subcontracts |
| | 161 | Included regulatory powers for sections 152 to 161 |
| | 162 | No compensation |
| | Division 4 — Offences and Penalties |
| | 163 | Fines |
| | 163.1 | Interference, non-compliance and misleading |
| | 164 | Part 3 offence |
| | 164.1 | Cancellation and disqualification |
| | 165 | Repealed |
| | 165.1 | Prohibition against restricting competition in sale or purchase of logs |
| | 165.2 | Remedies preserved |
| | 166 | Officers of corporation |
| | 167 | Repealed |
| | 167.1 | Defences to a prosecution |
| | 167.2 | Section 5 of the Offence Act |
| | 167.3 | Part 6 of the Forest and Range Practices Act applies |
| Part 13 — Designated Areas |
| | 168 | Definition |
| | 169 | Specifying Crown land as a designated area |
| | 170 | What is the effect of specifying a designated area? |
| | 171 | Conditions |
| | 172 | Suspension and cancellation |
| | 173 | Allowable annual cut and allowable harvest in a designated area |
| | 173.1 | Effect of reduction on annual allowable cut determination |
| | 174 | Order prevails |
| | 175 | Hearing not required |
| | 175.1 | No compensation during first 4 years of designation |
| | 175.2 | Compensation for fifth and subsequent years of designation |
| | 175.3 | Set-off for benefits previously received |
| | 175.4 | Limit on compensation |
| Part 14 — Nisg̱a'a Final Agreement Implementation |
| | 176 | Repealed |
| | 177 | Repealed |
| | 178 | Award of licences |
| | 179 | Spent |