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This Act is current to June 11, 2024
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Forest Act

[RSBC 1996] CHAPTER 157

Contents
Part 1 — Definitions and Interpretation
1Definitions and interpretation
1.1Delegation of minister's powers and duties
1.2Delegation of chief forester's powers and duties
1.3Corporate relations
Part 2 — Classification and Management of Forests and Forest Land and Regulation of Cutting Rates
2-4Repealed
5Provincial forests
6Wilderness areas
7Timber supply areas
8Allowable annual cut
8.1Adjusting the allowable annual cut
9Plans, studies, analyses and information
10Apportioning cut
Part 3 — Disposition of Timber by the Government
Division 1 — Forms of Rights to Crown Timber
11Rights to Crown timber
12Form of agreements
Division 2 — Forest Licences
13Applications
13.1Direct award of forest licence to produce bioenergy
13.2Designation of bioenergy supply contracts and specification of allowable annual cut
14Content of forest licence
14.1Mountain pine beetle salvage area
14.2Supplemental forest licence
15Replacement
15.1Repealed
16Surrender of tree farm licence
17Repealed
18Transfer to other timber supply area
19Consolidation and subdivision of forest licences
Division 3 — Timber Sale Licences
20Applications
21Repealed
22Content of timber sale licence
22.1Exemption from requirement to pay bonus offer
22.2BCTS disposition agreements
22.3Volume harvested under BCTS licence deemed to be harvested under non-BCTS licence for cut control purposes
22.4Payment for timber respecting non-BCTS licence with reduction
23-24Repealed
Division 3.1 — Conversion of Timber Sale Licences
24.1-24.9Repealed
24.91No compensation
Division 4 — Forest Licence Area Restriction
25Permanent transfer to adjacent timber supply area
26Minister may impose area restrictions
Division 5 — Timber Licences
27Rights in tree farm licences
28Rights not in tree farm licence
29One timber licence
29.1Consolidation of timber licences
30Content of timber licence
31Extension of term of timber licence
32Non-timber use
Division 6 — Tree Farm Licences
33Applications
34Repealed
35Content of tree farm licence
35.1Repealed
35.2Management plan for tree farm licence
36Replacement
36.1Repealed
37Private tenure
38Private land
39Consolidation and subdivision of tree farm licences
39.1Change in boundary or area
Division 7 — Pulpwood Agreements
40Repealed
41Content of pulpwood agreement
42Repealed
43Consolidation and subdivision of pulpwood agreements
Division 7.1 — Community Forest Agreements
43.1Repealed
43.2Applications for community forest agreements
43.3Content of community forest agreement
43.4Replacement of community forest agreements
43.41Repealed
43.5Repealed
43.51Direct award of community forest agreements
43.52Change in area or boundary
43.53Transition for community forest agreement allowable annual cut
Division 7.11 — First Nations Woodland Licences
43.54Award of first nations woodland licence
43.55Content of first nations woodland licence
43.56Replacement of first nations woodland licences
43.57Change in area or boundary
Division 7.2 — Repealed
43.6-43.8Repealed
Division 8 — Woodlot Licences
44Applications
45Content of woodlot licence
45.1Transition for woodlot licence allowable annual cut
46Replacement
46.1Repealed
46.2Consolidation of woodlot licences
47Repealed
47.1Change in area or boundary
47.2Repealed
Division 8.1 — Direct Awards
47.3Direct award of specified licences
Division 8.2 — Licences to Cut
47.4Licence to cut for persons occupying land or for energy resource purposes
47.5Content of occupant and master licences to cut
47.6Forestry licence to cut
47.7Content of forestry licence to cut
47.71Applications for fibre supply licence to cut
47.72Content of a fibre supply licence to cut
47.73Volume 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
47.8Disposition of timber in a tree farm licence
47.9Disposition of timber not harvested or removed under an agreement
Division 9 — Free Use Permits for First Nations and Others
48Free use permit
49Issuance and content of free use permit
49.1Free use permit in area subject to area-based licence
Division 9.1 — Christmas Tree Permits and Government Use
50Christmas tree permit
51Repealed
52Use by government employees and agents
Part 3.1Cutting Permits
52.01Definition
52.02Requirement to obtain cutting permit
52.03Issuance of cutting permit
52.04Application for cutting permit
52.05Mandatory refusal to issue cutting permit
52.06Refusal of cutting permit for supplemental forest licence
52.07Cutting permit for master licence to cut
52.08Content of cutting permit
52.09Duty to comply with terms and conditions
52.10Extension of cutting permit
52.11Postponement of cutting permit
52.12Effect on cutting permit of expiration, cancellation, surrender or termination of agreement
52.13Transition — immediate application
Part 4 — General Tenure Provisions
Division 1 — Interpretation
53Interpretation and application
53.1Holders of agreements
53.2Repealed
Division 2 — Dispositions of Agreements
53.3Cutting permits to be treated as part of agreement
54Transfer of agreements permitted
54.01Conditions attached to ministerial approval of dispositions
54.02Mandatory refusal of dispositions
54.1Repealed
54.2Confirmation of completion of disposition and effect of completion
54.3Dispositions exempt from certain requirements
54.4Transfer of certain agreements not permitted
54.5Repealed
54.6Effect of disposition on obligations
54.61Suspension of rights if condition of disposition not met
Division 2.1 — Corporate Changes of Control and Amalgamations
54.62Interpretation
54.63Notice of change of control or amalgamation
54.64Review of change of control or amalgamation
54.65Circumstances in which minister may take administrative action
54.66Administrative actions following change of control or amalgamation
54.67Proposal by corporation following administrative action
54.68Exempt changes of control
54.69Subsequent suspension or cancellation of rights
Division 2.2 — Dispositions of Private Lands Subject to Agreements and Exchanges of Rights
54.7Disposition of private land subject to tree farm licence or woodlot licence
54.8Repealed
55-56Repealed
56.1Repealed
57Exchanges of rights
Division 3 — Extensions, Increases and Reductions
58Repealed
58.1Extension of timber sale licences and cutting permits
58.2Repealed
58.201-
58.21
Repealed
58.3Surrender of BC timber sales agreement
59-59.1Repealed
60-60.95Repealed
61Temporary reductions
62Return of surrendered harvesting rights
62.1Definitions for sections 63 to 63.05
63Reduction among licences in timber supply area
63.01Determining groups of licences
63.02Distributing timber supply area reductions among groups of licences and ungrouped licences
63.03Distributing remaining part of timber supply area reduction among groups of licences and ungrouped licences
63.04Distributing combined allowable annual cut reductions among licences in groups of licences
63.05Distributing remaining part of combined allowable annual cut reduction among licences in groups of licences
63.1Repealed
63.2Date of increase or reduction in allowable annual cut and prorating
64-66Repealed
67Repealed
68Increase: disposition or deletion
69Reduction by chief forester of allowable annual cut
70Reductions in allowable annual cut
71Repealed
72Removal of dead or damaged timber
73Removal of dead or damaged timber from a timber supply area
74Timber cruise
75Compatible use
Division 3.01 — Allowable Annual Cut Partition
75.01Definitions
75.02Partition order
75.03Increase or waiver of harvested volume limit in order
75.04Consolidation, subdivision or replacement of licences subject to an order
75.05Penalty for non-compliance with minister's order
75.06Relief from penalty
75.07Regulation making powers
Division 3.1 — Cut Control
75.1Interpretation
75.11Exception for licences that define "volume of timber harvested"
75.12Bonus bid equalization payment for attributed timber volumes
75.2Limit on total cut for licences with a term of 5 years or less
75.21Limit on total cut for forestry licence to cut
75.22Cut control period for short term licences that are extended
75.3Reconciliation of cut control for short term licences
75.4Cut control period for major licences
75.41Cut control limit for major licences
75.5Cut control period for other licences
75.51Cut control limit for other licences
75.6Reconciliation of cut control for major and other licences
75.61Reconciliation of cut control for woodlot licences
75.7Carry forward of excess harvest volume
75.8No carry forward of unharvested volume
75.9Exemption from cut control limits
75.91Penalty for exceeding cut control limits
75.92Relief
75.93-
75.96
Repealed
Division 4 — Suspension and Cancellation
76Suspension of rights
76.1Notice and duration of suspension
77Cancellation
78BC timber sales — disqualification, suspension and cancellation
78.1BC timber sales — minister's powers of suspension and cancellation
79Continuing liability
Division 4.1 — Miscellaneous
79.1Residual fibre orders
80When compensation is not payable
80.01Repealed
80.1Repealed
80.2Forestry Revitalization Act
Division 5Refusal to Issue Authorizations
81Grounds for refusing to issue authorization
81.1Repealed
Part 5 — Timber Marking
82Timber marking: interpretation
83Timber mark duration
84Timber marks
85Applications
86Scaled timber brands
87Applications
88Marine log brand
89Marking with marine log brand
90Transfer
91Evidence
92Registers
Part 6 — Timber Scaling
93Timber scaling: interpretation
93.1Misrepresentation prohibited
94Timber to be scaled
94.1Scaling of special forest products
95Scale site authorization
96Scale
97Scale return
98Scaling charges, costs and expenses
99Second scale and second check scale
100Scaling
101Re-examination
102Suspension and cancellation
Part 6.1 — Forest Resource Inventories
102.1Definitions for Part 6.1
102.2Requirement to prepare and maintain forest resource inventories
102.3Time periods within which forest resource inventories must be prepared
102.4Content of forest resource inventory
102.5Maintenance of forest resource inventory
102.6Requirement to keep records respecting forest resource inventory
102.7Requirement to submit forest resource inventory to chief forester
102.8Requirement to review forest resource inventory in special circumstances
102.9Verification of information in forest resource inventory
Part 7 — Payments to the Government
103Amount of stumpage
103.1Assessments for merchantable Crown timber that is not cut and removed
103.2Assessments for merchantable Crown timber that is not cut under road permit and stored
104Stumpage rate for timber licence
105Stumpage rate determined
105.1Complete and accurate information
105.2Redetermination of stumpage rate at direction of minister
105.3Small scale salvage costs portion to be paid into special account
106Cruise instead of scale
107More than one rate
108Rate on unscaled or incorrectly scaled timber
109BC Timber Sales Account
110Repealed
111Annual rent
112Calculation of annual rent
112.1Annual rent for council
113Timber cruise
Part 8 — Roads and Rights of Way
114Definitions
115Issuance of road permit
116Application for road permit
117Mandatory refusal to issue road permit
118Road permit content — general
118.1Repealed
119Road permit content — right to harvest timber in right-of-way
119.1Road permit content — right to cut timber in right-of-way
119.2Volume cut under road permit deemed to be harvested under licence for cut control purposes
119.3Deactivation of road
119.4Duty to comply with terms and conditions of road permit
119.5Issuance of road use permit to eligible holder
119.6Issuance of road use permit for natural resource development purpose
119.7Road use permit content
120Repealed
120.1Declaration of forest service road
121Road and trail construction
Part 9 — Marine Log Salvage
121.1Repealed
122Log salvage district
123Receiving station licence
124Log salvage permit
125Disposal and acquisition of salvaged logs
126Area closure
Part 10 — Manufacture in British Columbia
127Crown timber to be used in British Columbia
127.1Attempt to export timber or wood residue
128Exemptions
129Exemption conditions and permit
Part 11 — Recovery of Money, Miscellaneous
Division 1 — Recovery of Money
130Lien
130.1Limitation period
131Person acquiring or dealing in timber responsible for payment
132Removal permit
133Powers cumulative
Division 2 — Miscellaneous
134Repealed
135Repealed
136Records and returns
136.1Limits on disclosure of reported information
136.2Information about security interests held in agreement
136.3Information about affiliates of corporate agreement holders
137Entry on land
138-139Repealed
140How notice or document may be served
141Extension of time
141.1Duty to comply with orders, exemptions and conditions
142Personal liability
Part 11.1 — Inspections, Audits and Assessments
Division 1 — Interpretation and Application
142.1Definitions and application
Division 2 — Inspection and Collection of Information
142.11Officials
142.2Entry on land or premises
142.21Inspection
142.3Retention of records
142.31Delivery of records
142.4Obligation of a forest revenue official
142.41Obligation of person on request of forest revenue official
142.42Penalty for failure to provide information
142.43Order for compliance
142.5Evidence
Division 3 — Assessment of Stumpage, Fees in Lieu, Penalties and Interest
142.51Assessment of estimated stumpage and interest
142.52Assessment of estimated fee in lieu and interest
142.6Period to be considered in making an assessment
142.61Penalty
142.7Payment of assessed amount
142.71Notice of assessment
142.8Serving a notice of assessment
142.81Proof and onus
Division 4 — Appeals of Assessments
142.9Appeal to revenue minister
142.91Appeal to court
142.92Affect of pending appeals
142.921Part 12 does not apply
Division 5 — General
142.93Information sharing
142.931Information-sharing agreements
142.94Regulations
Part 12 — Reviews, Appeals, Regulations, Penalties
Division 1 — Reviews
143Determination that may be reviewed
144Request for review
145Powers on review
Division 2 — Appeals
146Determinations that may be appealed
146.1Part 8.1 of Forest and Range Practices Act applies
147Parties to appeal
148-148.6Repealed
149Powers of commission
149.1Repealed
149.2Order for compliance
150Repealed
Division 2.1 — Appeals of Contraventions
150.1Forest and Range Practices Act applies to contravention appeals
Division 3 — Regulations
151Regulations
151.01Criteria for exercise of discretionary powers
151.1Regulation making power to establish forest districts
151.2Repealed
151.3Area-based allowable annual cut
151.4Repealed
151.5Adapting cut control for provisions respecting conversion of timber sale licences
151.51Adapting cut control for provisions respecting first nations woodland licences
151.6Regulation making power for fibre supply and forestry licence to cut
151.7Regulation making power for first nations woodland licences
151.71Regulation making power in relation to extension and postponement of cutting permits
151.8Regulation making power in relation to dispositions of agreements and corporate changes of control and amalgamations
151.9Regulation making power in relation to records and returns
152Interpretation for sections 152 to 162
153Requirement for written contracts and subcontracts
154Assignability of contracts and subcontracts
155Mediation and arbitration under contracts and subcontracts
156Register of Timber Harvesting Contract Mediators and Arbitrators
157Requirements for replaceable contracts and subcontracts
157.1Agreement to make a replaceable contract or subcontract non-replaceable
157.2Waiver by licensees, contractors and subcontractors of certain rights under regulations
158Special provision for certain expired contracts
159Applicability of certain prescribed provisions to existing contracts and subcontracts
160Non-compliance with prescribed requirements for contracts and subcontracts
161Included regulatory powers for sections 152 to 161
162No compensation
Division 4 — Offences and Penalties
163Fines
163.1Interference, non-compliance and misleading
164Part 3 offence
164.01Offences in relation to confidential information
164.1Cancellation and disqualification
165Repealed
165.1Prohibition against restricting competition in sale or purchase of logs
165.2Remedies preserved
166Officers of corporation
167Repealed
167.1Defences to a prosecution
167.2Section 5 of the Offence Act
167.3Part 6 of the Forest and Range Practices Act applies
Part 13 — Designated Areas
168Definition
169Specifying Crown land as a designated area
170What is the effect of specifying a designated area?
171Conditions
172Suspension and cancellation
173Allowable annual cut and allowable harvest in a designated area
173.1Effect of reduction on annual allowable cut determination
174Order prevails
175Hearing not required
175.1No compensation during first 4 years of designation
175.2Compensation for fifth and subsequent years of designation
175.3Set-off for benefits previously received
175.4Limit on compensation
Part 14 — Nisg̱a'a Final Agreement Implementation
176Repealed
177Repealed
178Award of licences
179Spent
Part 15 — Special Purpose Areas
Division 1 — Definitions for Part 15
180Definitions for Part 15
Division 2 — Designation of Special Purpose Areas
181Designation for access purpose or non-timber production purpose
182Designation for first nation purpose, BCTS licence purpose or community forest agreement purpose
183Purpose and cancellation date of designation
184Limits on power to extend designation
Division 3 — Impacts and Restrictions on Area-Based Licences and Timber Licences
185Impacts on harvest profile and AAC of area-based licence
186Impacts on non-TFL timber licence
187Request for information by chief forester
188Notice to holder of area-based licence or non-TFL timber licence
189Deletion of licence area from area-based licence or timber licence
190Order for early deletion of licence area
191Order to extend deletion if special purpose area overlaps cutting permit area
192Cancellation of area-based licence or timber licence if entire licence area deleted
193Effective date of AAC reduction for area-based licence
194Deletion of cutting permit area within licence area
195Deemed amendment to affected agreement or cutting permit
196Order to suspend rights under area-based licence or timber licence
197Restriction on entering into or amending area-based licence or timber licence
Division 4 — Impacts and Restrictions on Forest Licences
198Definitions for Division 4 of Part 15
199Impacts on harvest profile and AAC of timber supply area
200Notice to holders of forest licences
201Effective date of AAC reduction for timber supply area
202Reduction to forest licences following designation as special purpose area
203Reduction to AAC available for BCTS licences
204Method of reduction if designation made other than for BCTS licence purpose
205Notice and effective date of reductions to forest licences
206Order to amend, suspend or cancel rights under cutting permit under forest licence
207Restriction on entering into or amending certain forest licences
Division 5 — Impacts and Restrictions on Certain Other Licences and Permits
208Order to amend, suspend or cancel rights under certain other licences or permits
209Restriction on entering into or amending certain other licences or permits
Division 6 — Impacts and Restrictions on Roads, Ancillary Road Structures and Improvements
210Application of Division 6 of Part 15 to road authorized under special use permit or master licence to cut
211Order to deactivate road
212Government deactivation of road
213Order to amend, suspend or cancel rights in relation to road
214Prohibition on constructing road under pre-existing authorization
215Restriction on authorizing new road
216Prohibition on removing ancillary road structure
217Order that property in ancillary road structure vests in government
218Prohibition on constructing timber production improvement under pre-existing authorization
219Order to amend, suspend or cancel rights in relation to timber production improvement
220Restriction on authorizing new timber production improvement
Division 7 — General Provisions in Relation to Special Purpose Areas
221Requirement to serve notice of orders
222Extension of time periods
223Exemption for licence entered into for special purposes
224Effect of suspension of rights under Part 15
Division 8 — Regulations Under Part 15
225Regulations under Part 15
Part 16 — Compensation in Relation to Special Purpose Areas
Division 1 — Definitions and Interpretation for Part 16
226Definitions for Part 16
227Meaning of "deletion period"
228Meaning of "net income"
229Meaning of "remaining term"
Division 2 — Compensation for Area-Based Licences and Non-TFL Timber Licences
230Definitions for Division 2 of Part 16
231Compensation for area-based licence for deletion for access purpose
232Compensation for area-based licence for deletion for non-timber production purpose
233Compensation for area-based licence for deletion for other special purposes
234Compensation for non-TFL timber licence for deletion for access purpose
235Compensation for non-TFL timber licence for deletion for non-timber production purpose
236Compensation for non-TFL timber licence for deletion for other special purposes
Division 3 — Compensation for Forest Licences
237 Definition for Division 3 of Part 16
238Compensation for forest licence for reduction for access purpose
239Compensation for forest licence for reduction for non-timber production purpose
240Compensation for forest licence for reduction for other special purposes
Division 4 — Compensation for Cutting Permits
241Compensation if special purpose area overlaps cutting permit area
242Compensation if special purpose area does not overlap cutting permit area
243Compensation for cutting permit issued for community forest agreement or woodlot licence
244Duty of cutting permit holder to provide information to minister
Division 5 — Compensation for Other Agreements
245No compensation for fibre supply licence to cut or free use permit
246Compensation for forestry licence to cut
247Compensation for timber sale licence
248No compensation, unless regulations provide otherwise, for pulpwood agreement
249Compensation for Christmas tree permit
Division 6 — Compensation for Roads and Timber Production Improvements
250Interpretation rule for ancillary road structures
251Application of Division 6 of Part 16 to road authorized under special use permit or master licence to cut
252Compensation for road located in special purpose area
253General requirements for compensation for road
254Compensation for road located outside special purpose area if road associated with cutting permit
255Impact requirements for road associated with cutting permit
256Compensation in other cases if road under road permit located outside special purpose area
257Compensation if road under special use permit located outside special purpose area
258Compensation for timber production improvement located in special purpose area
259Compensation for timber production improvement located outside special purpose area
260Duty of holder of licence to provide information to minister
261Order to cancel rights in relation to road for which compensation provided
Division 7 — General Provisions in Relation to Compensation
262Compensation may take form of agreement
263Reductions and exceptions in respect of compensation
264Limit on compensation in relation to special purpose areas
Division 8 — Regulations Under Part 16
265General regulation-making powers for Part 16
266Regulations respecting determination of net income
267Regulations respecting provision of information
268Regulations respecting compensation for cutting permits
269Regulations respecting compensation for roads and timber production improvements
Part 17 — Reductions for First Nation Purpose or BCTS Licence Purpose
270Definitions for Part 17
271Reduction authorization order
272Impact of reduction authorization order on harvest profile
273Reduction to forest licences following reduction authorization order
274Compensation for forest licence following reduction
275General provisions respecting compensation in relation to reduction authorization orders
276Regulations under Part 17
Part 18 — Expropriations and Deletions Under the Park Act
277Definitions for Part 18
278Purposes of Part 18
279Regulations under Part 18
Part 19 — Transitional Provisions for the Forest Amendment Act, 2021
280Definitions for Part 19
281Previous deletions to area-based licences
282Previous deletions to non-TFL timber licences
283Previous deletions to timber licences in tree farm licence areas
284Previous reductions to forest licences
285Entitlement to compensation under former compensation provisions