Definitions and interpretation

1   (1) In this Act:

"allowable annual cut" means

(a) in respect of a timber supply area or the licence area of an area-based licence, the rate of timber harvesting determined for the area under section 8, as increased or reduced under this Act, and

(b) in respect of an agreement entered into under this Act specifying an allowable annual cut, the rate of timber harvesting specified in the agreement, as increased or reduced under this Act;

"allowable annual cut available" means the following:

(a) in relation to a tree farm licence, the portion of the allowable annual cut in respect of the tree farm licence area that is accessible by the holder of the tree farm licence after taking the following into account in accordance with the regulations or in accordance with an agreement authorized under section 151 (2) (a.2):

(i) a reservation referred to in section 35 (1) (h) or (n);

(i.1) a reduction under section 35 (1) (n.1);

(ii) a deletion of Crown land from the tree farm licence area under section 39.1 respecting

(A) a reservation under subparagraph (i) of this paragraph, or

(B) a reduction under subparagraph (iv) of this paragraph;

(iii) except for the purposes of sections 69 and 70, a reduction under one or both of those sections;

(iv) a reduction under section 3 (3) of the Forestry Revitalization Act;

(b) in relation to a community forest agreement, the portion of the allowable annual cut in respect of the community forest agreement area that is accessible by the holder of the community forest agreement after taking the following into account in accordance with the regulations:

(i) a reservation referred to in section 43.3 (1) (g.2);

(i.1) a reduction under section 43.3 (1) (g.3);

(ii) except for the purposes of section 70, a reduction under that section;

(c) in relation to a first nations woodland licence, the portion of the allowable annual cut in respect of the first nations woodland licence area that is accessible by the holder of the first nations woodland licence after taking the following into account in accordance with the regulations:

(i) a reservation referred to in section 43.55 (1) (h.1);

(i.1) a reduction under section 43.55 (1) (h.2);

(ii) except for the purposes of section 70, a reduction under that section;

(d) in relation to a forest licence, the portion of the allowable annual cut in respect of the forest licence that is available to the holder of the forest licence after taking the following into account in accordance with the regulations:

(i) a reduction under section 14 (1) (g.2);

(ii) except for the purposes of section 70, a reduction under that section;

(e) in relation to a woodlot licence, the portion of the allowable annual cut in respect of the woodlot licence area that is accessible by the holder of the woodlot licence after taking the following into account in accordance with the regulations:

(i) a reduction under section 45 (1) (f.2);

(ii) except for the purposes of section 70, a reduction under that section;

"area-based licence" means the following:

(a) a tree farm licence;

(b) a community forest agreement;

(c) a first nations woodland licence;

(d) a woodlot licence;

"BC timber sales agreement" means

(a) a licence, or

(b) a permit

referred to in any of paragraphs (b) to (f.1) of section 109 (2);

"BCTS" means the BC Timber Sales program within the ministry;

"BCTS licence" means

(a) a timber sale licence under section 20, or

(b) a forestry licence to cut under section 47.6 (3);

"bioenergy" means energy derived from Crown timber;

"bioenergy supply contract" means an energy supply contract as defined in section 68 of the Utilities Commission Act

(a) under which bioenergy is sold to the British Columbia Hydro and Power Authority, and

(b) that is designated by the minister under section 13.2 (a) as a bioenergy supply contract;

"bonus bid" means a bid

(a) tendered in order to acquire the right to harvest timber under an agreement under this Act,

(b) calculated on a dollar value per cubic metre of competitive species and forest products harvested and measured in compliance with the agreement, and

(c) payable from time to time in accordance with the agreement;

"bonus offer" means an amount of money that is tendered in order to acquire the right to harvest timber under an agreement under this Act, irrespective of the volume and type of competitive species and forest products harvested under the agreement;

"chief forester" means the chief forester appointed under the Ministry of Forests and Range Act;

"commercial operation date" means the date determined under a bioenergy supply contract as the commercial operation date;

"commission" has the same meaning as "Forest Appeals Commission";

"commissioner" means the person designated to be the commissioner under section 142.11 (1);

"community forest agreement area" means the area of land subject to a community forest agreement;

"Crown land" has the same meaning as in the Land Act, but does not include land owned by an agent of the government;

"Crown timber" means timber on Crown land, or timber reserved to the government;

"cultural heritage resource" means an object, a site or the location of a traditional societal practice that is of historical, cultural or archaeological significance to British Columbia, a community or an aboriginal people;

"cutting permit" means a cutting permit issued under an agreement entered into under this Act;

"district manager" means a district manager appointed for a forest district under the Ministry of Forests and Range Act;

"dwelling" means

(a) a structure that is occupied as a private residence, and

(b) if only part of a structure is occupied as a private residence, that part of the structure;

"eligible bioenergy application" means an application for a non-replaceable forest licence under section 13.1 that

(a) is made by an applicant

(i) who is the seller of bioenergy under a bioenergy supply contract, and

(ii) whom the minister or a person authorized by the minister considers to be qualified to perform the obligations specified under section 13.1 (2) (c),

(b) conforms to section 13.1 (2), and

(c) is not rejected under section 81 (3) or refused under section 81 (5);

"first nations woodland licence area" means the area of land subject to a first nations woodland licence;

"Forest Appeals Commission" means the Forest Appeals Commission continued under section 140.1 of the Forest and Range Practices Act;

"forest officer" means a person employed in the ministry of the minister responsible for the administration of this Act who is designated by name or title to be a forest officer by the minister;

"forest region" means a forest region established by regulation;

"forest service road" means a road on Crown land that is declared under this Act or the former Act to be a forest service road;

"former Act" means the Ministry of Forests Act repealed by the Forest Act, S.B.C. 1978, c. 23;

"government" means the government of British Columbia;

"licence area" means the following:

(a) in relation to a tree farm licence, the tree farm licence area;

(b) in relation to a community forest agreement, the community forest agreement area;

(c) in relation to a first nations woodland licence, the first nations woodland licence area;

(d) in relation to a woodlot licence, the woodlot licence area;

(e) in relation to a timber licence, the area of land to which the timber licence applies;

"licence to cut" means

(a) a master licence to cut,

(b) an occupant licence to cut,

(c) a forestry licence to cut, and

(d) a fibre supply licence to cut;

"major licence" means

(a) a timber sale licence that was issued under section 23 (1) (a) before its repeal,

(b) a forest licence,

(c) a timber licence,

(d) a tree farm licence, and

(e) a forestry licence to cut that

(i) specifies that it is a major licence,

(ii) is issued to satisfy the obligations of the government under a pulpwood agreement, or

(iii) is entered into under section 47.3 (1) (a);

"merchantable timber", for the purposes of sections 28, 30 (c) and 74, means timber that

(a) on January 1, 1975 was older than 75 years, and

(b) is on an area of Crown land in quantities determined by the minister to be sufficient to be commercially valuable at the time when a timber cruise submitted under section 74 is made;

"objectives set by government" means objectives set by government as defined in section 1 (1) of the Forest and Range Practices Act;

"operational plan" means an operational plan under the Forest Practices Code of British Columbia Act, before its repeal, or the Forest and Range Practices Act;

"Peace River Block" means that rectangular block of land in the Peace River Land District of British Columbia with corners having these geographical values:

northeast corner, latitude 56º40'57.95", longitude 119º59'59.25";

southeast corner, latitude 55º38'09.04", longitude 119º59'59.76";

southwest corner, latitude 55º37'15.75", longitude 121º56'02.45";

northwest corner, latitude 56º40'01.66", longitude 121º59'13.18";

"private land" means land that is not Crown land;

"private tenure" means a timber licence, or private land, in a tree farm licence area;

"professional forester" means a professional forester as defined in the Professional Governance Act;

"Provincial forest" means forest land designated under section 5;

"pulpwood agreement" means a pulpwood agreement entered into before April 1, 2003 under Part 3, Division 7;

"pulpwood area" means an area designated under section 40 before its repeal;

"regional manager" means a regional manager appointed for a forest region under the Ministry of Forests and Range Act;

"revenue minister" means the Minister of Finance;

"road use permit" means a road use permit granted under section 117;

"salvaged logs" means salvaged logs as defined by regulation;

"special forest products" means forest products designated by regulation as special forest products;

"special purpose area" means an area of Crown land that is designated under Division 2 of Part 15 as a special purpose area;

"special use permit" means a special use permit referred to in section 2 of the Forest Practices Code of British Columbia Act;

"timber" means trees, whether standing, fallen, living, dead, limbed, bucked or peeled;

"timber processing facility" means a facility that processes timber or wood residue or both;

"timber sales manager" means

(a) [Repealed 2006-13-1.]

(b) a timber sales manager appointed under the Ministry of Forests and Range Act for a BC timber sales business area;

"timber supply area" means land designated as a timber supply area under section 7;

"tree farm licence area" means the area of land subject to a tree farm licence;

"wood residue" means wood chips, slabs, edgings, sawdust, shavings and hog fuel;

"woodlot licence area" means the area of land subject to a woodlot licence.

(2) A reference in this Act to the minister or the minister's designate, or the minister or a person authorized by the minister, or any similar reference is not to be construed as meaning that a reference to the minister alone requires the minister to deal with the matter personally, and a reference to the minister alone is to be construed as a reference to the minister or any appropriate official of his or her ministry.

(3) Despite the Expropriation Act, that Act does not apply, except as expressly provided in this Act, in respect of a taking, deletion or reduction, under this Act, of any right or interest held by a person under this Act or the former Act.

(4) For the avoidance of doubt it is declared that the reference in subsection (3) to a taking, deletion or reduction includes a taking, deletion and reduction in respect of which notice was given before that subsection came into force.

(5) For the purposes of this Act, unless the context otherwise indicates, a reference to a licence, agreement or permit listed in section 12 is a reference to that licence, agreement or permit as entered into or granted under this Act.

Delegation of minister's powers and duties

1.1   (1) Subject to a regulation made under section 151 (2) (b.1), the minister, in writing, may

(a) delegate a power or duty of the minister under this Act, including a quasi-judicial power or duty, to

(i) a person employed in a ministry,

(ii) a class of persons employed in a ministry, or

(iii) an agent of the Crown,

(b) provide directions that are binding on the delegate respecting the exercise of the power or the performance of the duty, and

(c) vary or revoke a delegation or direction.

(2) In respect of a power or duty delegated under this section, this Act and the regulations apply to the delegate as they apply to the minister.

(3) A delegate, if not prohibited by a direction of the minister under subsection (1) (b), may subdelegate the power or duty to

(a) a person employed in a ministry,

(b) a class of persons employed in a ministry, or

(c) an agent of the Crown.

Delegation of chief forester's powers and duties

1.2   (1) The chief forester, in writing, may

(a) delegate a power or duty of the chief forester under this Act to

(i) a person employed in a ministry, or

(ii) a class of persons employed in a ministry,

(b) provide directions that are binding on the delegate respecting the exercise of the power or the performance of the duty, and

(c) vary or revoke a delegation or direction.

(2) In respect of a power or duty delegated under this section, this Act and the regulations apply to the delegate as they apply to the chief forester.

Repealed

2-4   [Repealed 2002-45-2.]

Provincial forests

5   (1) The Lieutenant Governor in Council may designate any forest land as a Provincial forest and may order that Provincial forests be consolidated or divided.

(2) Notice of an order made under subsection (1) must be published in the Gazette.

(3) All Crown land in a tree farm licence area is a Provincial forest and, if an amendment is made to the boundaries of a tree farm licence area, the boundaries of the Provincial forest are deemed to be amended accordingly.

(4) Crown land in a Provincial forest must not be disposed of under the Taxation (Rural Area) Act or, subject to subsection (5), under the Land Act.

(5) Crown land in a Provincial forest may be disposed of under the Land Act for

(a) an easement or right of way, or

(b) any other purpose that the chief forester considers is compatible with the uses described in section 2 (1) of the Forest Practices Code of British Columbia Act or that is permitted by regulations made under that Act,

but, except for the purposes of a highway, transmission line, or pipeline right of way, a disposition must not be made of the fee simple interest in the land.

(6) If the Lieutenant Governor in Council considers it will be to the social and economic benefit of British Columbia, he or she may cancel a Provincial forest, except for land in a tree farm licence area.

(7) If the minister considers it will be to the social and economic benefit of British Columbia, he or she may delete land from a Provincial forest, except for land in a tree farm licence area.

(8) If a Provincial forest that contains one or more wilderness areas is cancelled or land that composes one or more wilderness areas is deleted from the Provincial forest, those wilderness areas are reduced by the land that has been so deleted or cancelled.

(9) Land that is deleted from a Provincial forest and is granted by the government, but later reverts to the government, is deemed to be included in the Provincial forest without further order of the Lieutenant Governor in Council.

Wilderness areas

6   The Lieutenant Governor in Council may designate any Crown land in a Provincial forest as a wilderness area, cancel such designation or amend the boundaries of a wilderness area.

Timber supply areas

7   The minister may

(a) designate land as a timber supply area, and

(b) order the consolidation, division or abolition of timber supply areas or order their boundaries changed.

Allowable annual cut

8   (1) The chief forester must determine an allowable annual cut at least once every 10 years after the date of the last determination, for

(a) the Crown land in each timber supply area, excluding the Crown land in the licence areas of area-based licences, and

(b) each tree farm licence area.

(2) If the minister

(a) makes an order under section 7 (b) respecting a timber supply area, or

(b) amends or enters into a tree farm licence to accomplish a result set out under section 39 (2) or (3),

the chief forester must make an allowable annual cut determination under subsection (1) for the timber supply area or tree farm licence area

(c) within 10 years after the order under paragraph (a) or the amendment or entering into under paragraph (b), and

(d) after the determination under paragraph (c), at least once every 10 years after the date of the last determination.

(3) If

(a) the allowable annual cut for the tree farm licence area is reduced under section 9 (3), and

(b) the chief forester subsequently determines, under subsection (1) of this section, the allowable annual cut for the tree farm licence area,

the chief forester must determine an allowable annual cut at least once every 10 years from the date the allowable annual cut under subsection (1) of this section is effective under section 9 (6).

(3.1) If, in respect of the allowable annual cut for a timber supply area or tree farm licence area, the chief forester considers that the allowable annual cut that was determined under subsection (1) is not likely to be changed significantly with a new determination, then, despite subsections (1) to (3), the chief forester

(a) by written order may postpone the next determination under subsection (1) to a date that is up to 15 years after the date of the relevant last determination, and

(b) must give written reasons for the postponement.

(3.2) If the chief forester, having made an order under subsection (3.1), considers that because of changed circumstances the allowable annual cut that was determined under subsection (1) for a timber supply area or tree farm licence area is likely to be changed significantly with a new determination, he or she

(a) by written order may rescind the order made under subsection (3.1) and set an earlier date for the next determination under subsection (1), and

(b) must give written reasons for setting the earlier date.

(4) If the allowable annual cut for the tree farm licence area is reduced under section 9 (3), the chief forester is not required to make the determination under subsection (1) of this section at the times set out in subsection (1) or (2) (c) or (d), but must make that determination within one year after the chief forester determines that the holder is in compliance with section 9 (2).

(5) In respect of an allowable annual cut determined under this Act, the chief forester may, at any time, specify that portions of the allowable annual cut are attributable to one or more of the following:

(a) different types of timber or terrain in different parts of Crown land within a timber supply area or tree farm licence area;

(a.1) different areas of Crown land within a timber supply area or tree farm licence area;

(b) different types of timber or terrain in different parts of private land within a tree farm licence area.

(c) [Repealed 1999-10-1.]

(5.1) The chief forester may, at any time, amend or cancel a specification made under subsection (5).

(6) The minister must determine an allowable annual cut for each woodlot licence area in accordance with the woodlot licence for that area.

(7) The minister must determine an allowable annual cut for

(a) each community forest agreement area in accordance with the community forest agreement for that area, and

(b) each first nations woodland licence area in accordance with the first nations woodland licence for that area.

(8) In determining an allowable annual cut under subsection (1) the chief forester, despite anything to the contrary in an agreement listed in section 12, must consider

(a) the rate of timber production that may be sustained on the area, taking into account

(i) the composition of the forest and its expected rate of growth on the area,

(ii) the expected time that it will take the forest to become re-established on the area following denudation,

(iii) silviculture treatments to be applied to the area,

(iv) the standard of timber utilization and the allowance for decay, waste and breakage expected to be applied with respect to timber harvesting on the area,

(v) the constraints on the amount of timber produced from the area that reasonably can be expected by use of the area for purposes other than timber production, and

(vi) any other information that, in the chief forester's opinion, relates to the capability of the area to produce timber,

(b) the short and long term implications to British Columbia of alternative rates of timber harvesting from the area,

(c) [Repealed 2003-31-2.]

(d) the economic and social objectives of the government, as expressed by the minister, for the area, for the general region and for British Columbia, and

(e) abnormal infestations in and devastations of, and major salvage programs planned for, timber on the area.

(9) Subsections (1) to (4) of this section do not apply in respect of the management area, as defined in section 1 (1) of the Haida Gwaii Reconciliation Act.

(10) Within one year after the chief forester receives notice under section 5 (4) (a) of the Haida Gwaii Reconciliation Act, the chief forester must determine, in accordance with this section, the allowable annual cut for

(a) the Crown land in each timber supply area, except the areas excluded under subsection (1) (a) of this section, and

(b) each tree farm licence area

in the management area, as defined in section 1 (1) of the Haida Gwaii Reconciliation Act.

(11) The aggregate of the allowable annual cuts determined under subsections (6), (7) and (10) that apply in the management area, as defined in section 1 (1) of the Haida Gwaii Reconciliation Act, must not exceed the amount set out in a notice to the chief forester under section 5 (4) (a) of that Act.

Adjusting the allowable annual cut

8.1   (1) The allowable annual cut is adjusted as prescribed in the regulations as follows:

(a) for the Crown land in a timber supply area, excluding tree farm licence areas, community forest agreement areas, first nations woodland licence areas and woodlot licence areas,

(i) if the minister makes an order under section 7 (b) respecting the timber supply area, or

(ii) in other prescribed circumstances;

(b) for a tree farm licence area

(i) if the minister replaces or amends the tree farm licence under section 39 (2) or (3), subject to section 39 (6),

(ii) if the minister changes the boundary or area of the tree farm licence under section 39.1, or

(iii) in other prescribed circumstances.

(2) [Repealed 2021-38-21.]

Plans, studies, analyses and information

9   (1) The chief forester may require the holder of a tree farm licence, at the holder's expense, to

(a) prepare and supply any plans, studies and analyses, and

(b) obtain and supply any information,

that the chief forester considers adequate to assist in the determination of an allowable annual cut for the tree farm licence area.

(2) The holder of the tree farm licence must

(a) prepare and supply the plans, studies and analyses, and

(b) obtain and supply the information,

required under subsection (1) and must do so at the time and in the form and manner required by the chief forester.

(3) If the chief forester determines that the holder of a tree farm licence has failed to comply with subsection (2), the allowable annual cut for the tree farm licence area in effect at the time of the determination is reduced by 25% effective January 1 of the year following the year in which the determination is made.

(4) If, on the first anniversary of a determination under subsection (3), the chief forester determines that the holder of the tree farm licence has not yet complied with subsection (2), the allowable annual cut in effect immediately before that determination is reduced by 25% effective January 1 of the year following the year in which that determination is made.

(5) If a determination is made by the chief forester under subsection (4) and

(a) subsequent to that determination but before the reduction becomes effective under that subsection, the chief forester determines that the holder has complied with subsection (2), the reduction that was due to come into effect is cancelled, and

(b) after the reduction becomes effective under that subsection, the chief forester determines that the holder has complied with subsection (2), the allowable annual cut in effect immediately before the reduction is restored.

(6) If the allowable annual cut for the tree farm licence area is reduced under subsection (3) or (4), the next allowable annual cut for the tree farm licence area determined by the chief forester under section 8 (1), despite the reduction, is effective on the date the reduction took place under subsection (3).

Apportioning cut

10   (1) The minister may specify that a portion of the allowable annual cut determined for the Crown land in a timber supply area under section 8 (1) (a) is available for granting under a form of agreement referred to in section 12.

(2) The minister if permitted to do so under a tree farm licence may make available for granting under Divisions 2, 3 and 7 of Part 3, to persons other than the holder of the tree farm licence, portions of the allowable annual cut determined for the tree farm licence area that have been specified by the chief forester under section 8 (5) (a).

Rights to Crown timber

11   Subject to the Land Act and the Park Act, rights to harvest Crown timber must not be granted by or on behalf of the government except in accordance with this Act and the regulations.

Form of agreements

12   (1) The minister may enter on behalf of the government into an agreement granting rights to harvest Crown timber in the form of a

(a) forest licence,

(b) [Repealed 2004-36-4.]

(c) timber licence,

(d) tree farm licence,

(e) community forest agreement,

(e.1) first nations woodland licence,

(f) [Repealed 2021-38-22.]

(g) woodlot licence,

(h) licence to cut,

(i) free use permit,

(j) Christmas tree permit, or

(k) road permit.

(2) A timber sales manager may enter on behalf of the government into an agreement granting rights to harvest Crown timber in the form of a

(a) timber sale licence,

(b) forestry licence to cut, or

(c) road permit.

Applications

13   (1) In this section, "eligible application" means an application made in response to an invitation for applications under subsection (2) that

(a) is made by an applicant

(i) who has tendered as required under subsection (2) (b),

(ii) whom the minister or a person authorized by the minister considers to be qualified to perform the obligations specified under subsection (3) (c), and

(iii) who is in a category of applicants established by regulation, if the application is for a non-replaceable forest licence and the minister has specified that applications for those licences must only be accepted from one or more categories of applicants established by regulation as set out in subsection (2.1),

(b) conforms to subsection (3), and

(c) is not rejected under section 81 (3) or refused under section 81 (5).

(2) On request or on the minister's own initiative and by advertising in the prescribed manner, the minister or a person authorized by the minister

(a) may invite applications for a forest licence, and

(b) in doing so, must require that the applicant by written tender in a sealed container propose only a bonus bid or only a bonus offer.

(2.1) The minister may specify that applications for a non-replaceable forest licence must only be invited, under subsection (2), from one or more categories of applicants as established by regulation.

(3) An application for a forest licence must

(a) be in the form required by the minister or a person authorized by the minister,

(b) include an offer by the applicant to pay to the government, in addition to other amounts payable under this Act,

(i) stumpage under Part 7,

(ii) waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the forest licence, but, at the licensee's discretion, was not cut and removed, and

(iii) either a bonus bid or bonus offer, whichever is required under subsection (2), in the amount tendered, and

(c) include any information that the minister or a person authorized by the minister may require about the applicants' qualifications to

(i) carry out timber harvesting operations under the licence, or

(ii) perform specified obligations

(A) under the licence, or

(B) in respect of the licence or its holder, under this Act or another enactment.

(4) On receipt of applications and tenders in response to an invitation advertised under subsection (2), the minister or a person authorized by the minister

(a) may approve the eligible application of the applicant whose proposed bonus bid or bonus offer is the highest of those tendered by all applicants with eligible applications, or

(b) may decline to approve any of the eligible applications.

(5) If the applicant referred to in subsection (4) does not enter into a forest licence as required under subsection (6), the minister or a person authorized by the minister

(a) may approve the eligible application of the applicant whose proposed bonus bid or bonus offer is the next highest of those tendered by all applicants with eligible applications, or

(b) may decline to approve any of the eligible applications.

(6) If an eligible application is approved under this section, the minister and the applicant whose application is approved must enter into a forest licence.

Direct award of forest licence to produce bioenergy

13.1   (1) [Repealed 2011-18-2.]

(2) An application for a non-replaceable forest licence under this section must

(a) be in the form required by the minister or a person authorized by the minister,

(b) specify an allowable annual cut for the forest licence that is considered by the minister to be consistent with the maximum allowable annual cut for a timber supply area specified by the minister under section 13.2 (b), and

(c) include any information that the minister or a person authorized by the minister may require about the applicant's qualifications to

(i) carry out timber harvesting operations under the licence, or

(ii) perform specified obligations

(A) under the licence, or

(B) in respect of the licence or its holder, under this Act or another enactment.

(3) On receipt of an eligible bioenergy application, the minister or a person authorized by the minister must approve the application.

(4) The approval of an eligible bioenergy application under subsection (3) is revoked

(a) if the British Columbia Hydro and Power Authority or the applicant terminates the bioenergy supply contract before the commercial operation date, or

(b) if

(i) an approved eligible bioenergy application is rejected under section 81 (3) or refused under section 81 (5), and

(ii) the applicant has not brought the application into compliance with section 81 (3) or (5), as applicable, within 90 days following the commercial operation date.

(5) The minister and the applicant of an approved eligible bioenergy application must enter into a non-replaceable forest licence on or after the commercial operation date if, on the commercial operation date, the application

(a) is not rejected under section 81 (3) or refused under section 81 (5), or

(b) is rejected under section 81 (3) or refused under section 81 (5) but is brought into compliance with section 81 (3) or (5), as applicable, within 90 days following the commercial operation date.

(6) If the applicant refuses to enter into a forest licence under subsection (5)

(a) the approval of the eligible bioenergy application under subsection (3) is revoked, and

(b) the minister or a person authorized by the minister may increase the allowable annual cut specified in an existing forest licence entered into under this section by the volume of the allowable annual cut that was to be specified in the forest licence the applicant refused to enter into under subsection (5).

(7) In addition to setting out the matters described in section 14 (1), a forest licence entered into under subsection (5)

(a) must provide that timber harvested under the licence is restricted to a type of timber or terrain, or portion of a timber supply area, and

(b) may include other terms and conditions that the minister considers are necessary or desirable in relation to the bioenergy supply contract.

Designation of bioenergy supply contracts and specification of allowable annual cut

13.2   For the purposes of section 13.1, the minister may

(a) designate an energy supply contract as a bioenergy supply contract, and

(b) specify the maximum allowable annual cut in a timber supply area that may be subject to one or more bioenergy supply contracts.

Content of forest licence

14   (1) A forest licence

(a) must be for a term not exceeding 20 years, subject to sections 15 and 16,

(b) must specify a timber supply area or tree farm licence area in which the holder of the licence may harvest Crown timber,

(b.1) may require, subject to subsection (2), that timber harvesting under the licence be restricted to one or more of the following:

(i) a portion of a timber supply area;

(ii) a type of timber;

(iii) a type of terrain,

(c) must specify an allowable annual cut that may be harvested under the licence, subject to sections 15 and 16,

(c.1) if it provides that a replacement for it must not be offered, must specify the maximum volume of timber that may be harvested under the licence,

(d) must require its holder to pay to the government, in addition to other amounts payable under this Act,

(i) stumpage under Part 7,

(ii) waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the forest licence, but, at its holder's discretion, is not cut and removed, and

(iii) a bonus bid or bonus offer, whichever is required under section 13, in the amount tendered under that section,

(e) must provide for cutting permits with terms that do not exceed 4 years to be issued by the district manager, or a forest officer authorized by the district manager, within the limits provided in the forest licence and subject to this Act and the Forest and Range Practices Act, to authorize its holder to harvest the allowable annual cut, from specified areas of land within the timber supply area or tree farm licence area specified in the forest licence,

(f) [Repealed 2003-30-2.]

(g) may make provision for timber to be harvested by persons under contract with its holder,

(g.1) that is entered into with a first nation or its representative to implement or further an agreement between the first nation and the government respecting treaty-related measures, interim measures or economic measures, must state that it is a condition of the licence that the first nation comply with the agreement,

(g.2) may require that the amount of timber on Crown land under the forest licence that is available to the holder of the forest licence be reduced by a specified amount of timber for a specified period of time for the purpose of entering into one or more BCTS licences, respecting all or part of the specified amount of timber, with one or more persons other than the holder of the forest licence, and

(h) may include other terms and conditions, consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts, determined by the minister.

(2) A requirement described in subsection (1) (b.1) must not be included in the following:

(a) a forest licence entered into before the date this subsection comes into force, unless

(i) the forest licence already includes the requirement, or

(ii) the holder of the forest licence agrees to include the requirement;

(b) a replacement for a replaceable forest licence, unless paragraph (a) (i) or (ii) of this subsection applies in relation to the replaceable forest licence.

(3) A requirement described in subsection (1) (g.2) must not be included in the following:

(a) a forest licence entered into before the date this subsection comes into force, unless the holder of the forest licence agrees to include the requirement;

(b) a replacement for a replaceable forest licence, unless

(i) the forest licence already includes the requirement, or

(ii) the holder of the forest licence agrees to include the requirement;

(c) a forest licence that replaces a tree farm licence or forest licence under section 16, or that replaces or amends a forest licence under section 19, unless

(i) the tree farm licence or forest licence that is replaced or amended already includes the requirement, or

(ii) the holder of the forest licence that replaces a tree farm licence or forest licence, or that replaces or amends a forest licence, agrees to include the requirement.

Mountain pine beetle salvage area

14.1   (1) The Lieutenant Governor in Council, by regulation, may

(a) designate Crown land infested by mountain pine beetles as a mountain pine beetle salvage area for a prescribed period, and

(b) repeal or amend a regulation under paragraph (a).

(2) A forest licence that includes all or part of a mountain pine beetle salvage area, in addition to setting out the matters described in section 14 (1), may

(a) require any type of security, including but not limited to money, to be provided and maintained by the holder of the forest licence to ensure

(i) within a specified period or according to a required schedule of construction, or both, the construction or expansion of a timber processing facility that conforms to specified requirements, and

(ii) the reforestation of areas described in the licence by reference to one or more of geographic location, type of timber and type of terrain,

(A) at a rate of reforestation, and

(B) over a period

specified in the licence,

(b) specify one or more of the following:

(i) the type of security that is acceptable or unacceptable;

(ii) the form and content of the security;

(iii) the circumstances under which the security may be realized;

(iv) respecting the distribution of the realized security,

(c) provide that its holder may not harvest under the licence until the timber processing facility has been substantially completed to the satisfaction of the minister, and

(d) [Repealed 2014-7-2.]

(e) include other terms and conditions that the minister considers are necessary or desirable in relation to mountain pine beetle infestation in the mountain pine beetle salvage area.

(3) If a forest licence referred to in subsection (2)

(a) requires security to be provided and maintained, as described in paragraph (a) of that subsection, and

(b) the holder of the licence has provided the security,

the minister by notice served on the holder may cancel the licence in the circumstances specified under paragraph (b) (iii) of that subsection.

Supplemental forest licence

14.2   (1) In this section:

"restricted forest licence" means a non-replaceable forest licence entered into under section 13 (6) for which applications are invited on or after July 1, 2011 from one or more categories of applicants as established under section 13 (2.1);

"supplemental forest licence" means a restricted forest licence that includes the condition described in subsection (2) of this section.

(2) A supplemental forest licence, in addition to setting out the matters described in section 14 (1), must specify that timber may be harvested under the licence only if the minister is satisfied that the holder of the licence has taken the steps specified in the licence to obtain from other sources the timber and wood residue needed for processing facilities owned or leased by the holder.

(3) In respect of a supplemental forest licence, the requirement in section 14 (1) (e) is subject to the condition referred to in subsection (2) of this section.

Replacement

15   (1) In this section, "forest licence" means a forest licence other than one that provides that a replacement for it must not be offered.

(1.1) During the period beginning 6 months after the fourth anniversary of a forest licence and ending on the ninth anniversary, the minister or a person authorized by the minister may offer the holder of the forest licence a replacement for it, after first giving the holder at least 2 months' notice of intent to offer the replacement.

(1.2) During the 6 months beginning on the ninth anniversary of a forest licence for which a replacement has not by then been offered under subsection (1.1), the minister or a person authorized by the minister must offer the holder of the forest licence a replacement for it.

(2) Despite subsection (1.2), if the minister or a person authorized by the minister determines that

(a) rights under the existing forest licence are under suspension, or

(b) the holder of the existing forest licence has failed to

(i) pay stumpage or other money payable in respect of timber harvested under the forest licence or a road permit associated with the forest licence,

(ii) provide security or a deposit required under this Act or the Forest and Range Practices Act in respect of the forest licence or a road permit associated with the forest licence,

(iii) perform an obligation under the forest licence to be performed by the holder in respect of an area of land specified in

(A) a cutting permit previously issued under the forest licence, or

(B) a road permit associated with the forest licence, or

(iv) comply with a requirement under this Act, the Forest and Range Practices Act or the Wildfire Act in respect of an area of land referred to in subparagraph (iii),

the minister or a person authorized by the minister, to the extent provided in the regulations,

(c) may decline to offer a replacement for the existing forest licence until

(i) the suspension is rescinded,

(ii) the suspended rights are reinstated, or

(iii) the holder of the existing forest licence

(A) pays the stumpage or other money payable,

(B) provides the required security or deposit,

(C) performs the obligation to be performed under the existing forest licence in respect of land referred to in paragraph (b) (iii), or

(D) complies with the requirement under this Act, the Forest and Range Practices Act or the Wildfire Act in respect of land referred to in paragraph (b) (iii), and

(d) may offer a replacement with special conditions.

(3) A forest licence offered under this section must

(a) have a term beginning

(i) if the forest licence is replaced under subsection (1.1), on the earlier of

(A) the next anniversary of the existing forest licence being replaced under the offer, and

(B) the immediate past anniversary of the existing forest licence being replaced under the offer, if the minister or a person authorized by the minister and the holder of the forest licence agree in writing,

(i.1) if the forest licence is replaced under subsection (1.2), on the tenth anniversary of the existing forest licence being replaced under the offer, or

(ii) if the minister or a person authorized by the minister exercises the power conferred under subsection (2) (c), on a date to be determined by the minister or a person authorized by the minister,

(b) be for a term equal to

(i) 15 years, or

(ii) if the minister or a person authorized by the minister exercises the power conferred under subsection (2) (c), a period, not exceeding the period referred to in subparagraph (i), to be determined by the minister or a person authorized by the minister,

(c) specify the timber supply area specified in the existing forest licence,

(d) subject to takings, reductions and deletions authorized or required under this Act, specify an allowable annual cut that may be harvested under it equal to the allowable annual cut under the existing forest licence, and

(e) include other terms and conditions, consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts, set out in the offer.

(4) A notice of intent to offer a replacement referred to in subsection (1.1) and an offer of replacement made under subsection (1.2) must be published in the prescribed manner.

(5) An offer made under this section may be

(a) amended, and

(b) accepted by written notice of acceptance served on a person designated by the minister not later than 3 months after the offer is served.

(6) If an offer made under this section is accepted

(a) a forest licence containing the terms and conditions set out in the offer, including amendments, must be entered into by the minister and the holder of the forest licence, and

(b) the forest licence then in force expires on the commencement of the replacement licence.

(7) If an offer made under this section is not accepted, the existing forest licence continues in force until its term expires, after which it has no further effect.

(8) No forest licence is renewable.

Transition for forest licence replacement

15.1   (1) If an offer of a replacement for a forest licence

(a) was required to be made under section 15 within the 18 month period immediately preceding the date on which this section comes into force, and

(b) was not made within the 18 month period,

the offer of replacement, when made, must conform to section 15 of this Act as amended by the Forest (Revitalization) Amendment Act (No. 2), 2003.

(2) If an offer of a replacement for a forest licence

(a) was required to be made under section 15 within the 18 month period immediately preceding the date on which this section comes into force, and

(b) was made within this 18 month period,

the offer may be withdrawn if the person to whom the offer was made consents to the withdrawal of the offer.

(3) If an offer is withdrawn under subsection (2), the minister or person authorized by the minister must offer a replacement for the forest licence, and the offer must conform to section 15 of this Act as amended by the Forest (Revitalization) Amendment Act (No. 2), 2003.

Surrender of tree farm licence

16   (1) The holder of one or more tree farm licences or of any number of both tree farm licences and forest licences may apply to the minister to surrender all or part of them for replacement under

(a) subsection (2), by one or more forest licences, or

(b) subsections (2) and (3), by a combination of one or more tree farm licences and one or more forest licences.

(2) If the minister has approved an application under subsection (1), the minister, in respect of the surrendered licences or surrendered portions of them, must enter with their holder into one or more forest licences

(a) for a term of 15 years,

(b) that specify one or more timber supply areas within which the holder may harvest Crown timber, and

(c) that, in total, specify an allowable annual cut equal to the total, or a lesser portion of the total that the minister and the holder agree on, of

(i) the allowable annual cuts specified in the surrendered forest licences, plus increases and minus decreases, if any, in the allowable annual cuts made by the government since they were entered into, and

(ii) the portion of the allowable annual cuts available to the tree farm licence holder at the time of the surrender that the chief forester determines is attributable to the Crown land in the portions of the tree farm licences that are surrendered and on which the timber is not otherwise encumbered.

(3) If part of a tree farm licence is surrendered under subsection (1), the minister, in respect of the portion that is not surrendered, must enter with the holder into a new tree farm licence.

(4) The minister must not enter into a new tree farm licence under subsection (3) until a management plan for the proposed tree farm licence is approved under section 35.2.

(5) A notice of the surrender and proposed replacement under subsection (1) must be published in the prescribed manner.

(6) [Repealed 2004-36-6.]

Repealed

17   [Repealed 2003-31-9.]

Transfer to other timber supply area

18   With the approval of the minister and the consent of the holder of a forest licence, all or part of the cutting rights authorized under the forest licence may be transferred from one timber supply area to another for a term specified by the minister.

Consolidation and subdivision of forest licences

19   (1) [Repealed 2009-8-2.]

(2) Subject to this section, the minister, by one or more of the methods set out in subsection (5), may

(a) replace 2 or more forest licences held by the same person for the same timber supply area with one of those forest licences or a new forest licence held by that person for that timber supply area, or

(b) amend a single forest licence held by a person for a timber supply area and enter into one or more forest licences held by that person for that timber supply area,

if the minister first receives the consent of the holder of the licences or licence.

(3) Subject to this section, the minister, by a method or combination of methods under subsection (5), must

(a) replace 2 or more forest licences held by the same person for the same timber supply area with one of those forest licences or a new forest licence held by that person for that timber supply area, or

(b) amend a single forest licence held by a person for a timber supply area and enter into one or more forest licences held by that person for that timber supply area,

if the holder requests the replacement or amendment by written request delivered to the minister.

(4) The minister may refuse to replace or amend, under subsection (3), one or more forest licences if the minister considers that the replacement or amendment would compromise forest management.

(5) For the purposes of subsections (2) and (3), the methods are as follows:

(a) reducing the allowable annual cut specified in a forest licence and increasing the allowable annual cut for one or more other forest licences by a volume equal to the reduction;

(b) amending or cancelling a forest licence;

(c) entering into one or more forest licences.

(6) In making a replacement or amendment referred to in subsection (2) or (3), the minister must ensure that the total of the allowable annual cuts, after the replacements, amendments or both, of all of the forest licences involved remains the same as it was immediately before any replacements or amendments under this section.

(7) A forest licence as described

(a) in paragraph (a) of the definition of "licence" in section 75.4 (1), or

(b) in section 75.5

may not be replaced under subsection (2) or (3) except with a forest licence that is also a forest licence as described

(c) in paragraph (a) of the definition of "licence" in section 75.4 (1), or

(d) in section 75.5.

(8) A replaceable forest licence may not be replaced under subsection (2) or (3) except with a forest licence that is also replaceable.

(9) A forest licence that provides that a replacement for the forest licence must not be offered may not be replaced under subsection (2) or (3) except with a forest licence that also provides that a replacement for it must not be offered.

(10) Despite section 14 (1) (a), a forest licence that is amended or entered into under this section must not expire later than the earliest expiry date of the forest licence it replaces or amends.

Applications

20   (1) In this section, "eligible application" means an application made in response to an invitation for applications under subsection (2) that

(a) is made by an applicant who has tendered as required under subsection (2) (b),

(b) conforms to subsection (3), and

(c) is not rejected under section 81 (3) or refused under section 81 (5).

(2) On request or on his or her own initiative and by advertising in the prescribed manner, the timber sales manager

(a) may invite applications for a timber sale licence, and

(b) in doing so,

(i) may specify that applications for the timber sale licence are to be accepted only from one or more categories of BC timber sales enterprises as established by regulation, and

(ii) must require that the applicant by written tender in a sealed container propose only a bonus bid or only a bonus offer.

(3) An application for a timber sale licence must

(a) be in the form required by the timber sales manager, and

(b) include an offer by the applicant to pay to the government, in addition to other amounts payable under this Act,

(i) stumpage under Part 7,

(ii) if the timber sale licence will describe one or more areas of land within which its holder may harvest Crown timber, waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the timber sale licence, but, at the licensee's discretion, is not cut and removed, and

(iii) either a bonus bid or bonus offer, whichever is required under subsection (2), in the amount tendered.

(4) On receipt of applications and tenders in response to an invitation advertised under subsection (2), the timber sales manager

(a) must approve the eligible application of the applicant whose proposed bonus bid or bonus offer is the highest of those tendered by all applicants with eligible applications, or

(b) at the direction of the minister, must decline to approve any of the eligible applications.

(5) If the applicant referred to in subsection (4) does not enter into a timber sale licence as required under subsection (6), the timber sales manager

(a) may approve the eligible application of the applicant whose proposed bonus bid or bonus offer is the next highest of those tendered by all applicants with eligible applications, or

(b) may decline to approve any of the eligible applications.

(6) If an eligible application is approved under this section, the timber sales manager and the applicant whose application is approved must enter into a timber sale licence.

Repealed

21   [Repealed 2003-31-12.]

Content of timber sale licence

22   A timber sale licence

(a) must be for a term not exceeding 4 years,

(b) must describe

(i) one or more areas of land within which its holder may harvest Crown timber, or

(ii) the location of logs that are being sold,

(c) may specify a volume or an estimate of the volume of timber that may be harvested from an area of land described in the timber sale licence,

(d) [Repealed 2004-36-9.]

(e) may include provisions

(i) specifying standards and programs established by one or more standard making bodies,

(ii) requiring the holder of the licence to meet the standards and programs specified under subparagraph (i), and

(iii) specifying the manner in which the holder of the licence must conduct operations under the licence in order to meet the standards and programs specified under subparagraph (i),

(e.1) may specify when and how a bonus offer required under section 20 must be paid and, if the bonus offer may be paid in instalments, the amount of each instalment,

(f) must require its holder to pay to the government, in addition to other amounts payable under this Act,

(i) stumpage under Part 7,

(ii) if the timber sale licence describes one or more areas of land within which its holder may harvest Crown timber, waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the timber sale licence, but, at its holder's discretion, is not cut and removed,

(iii) if a bonus bid is required under section 20, a bonus bid in the amount tendered under that section, and

(iv) if a bonus offer is required under section 20, a bonus offer in the amount tendered under that section, at the times and in the manner, if any, specified in the timber sale licence, unless the holder of the licence is exempt under section 22.1 from the requirement to pay the bonus offer, and

(g) may include other terms and conditions, consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts, determined by the timber sales manager.

Exemption from requirement to pay bonus offer

22.1   (1) The holder of a timber sale licence for which a bonus offer was tendered is not required to pay the bonus offer if the licence is surrendered or expires before any Crown timber is harvested under the timber sale licence.

(2) Subsection (1) does not apply to a timber sale licence for which applications under section 20 are invited before the date this section comes into force.

BCTS disposition agreements

22.2   (1) In this section and sections 22.3 and 22.4:

"BCTS disposition agreement" means a BCTS disposition agreement referred to in subsection (2);

"non-BCTS licence" means a forest licence, tree farm licence, community forest agreement, first nations woodland licence or woodlot licence.

(2) The minister may enter into a BCTS disposition agreement on behalf of the government for the purposes of

(a) allowing the holder of a non-BCTS licence to temporarily release to the government some of the holder's rights to harvest Crown timber under the non-BCTS licence, and

(b) making the released rights available for disposition, to persons other than the holder of the non-BCTS licence, in the form of one or more BCTS licences.

(3) The minister may not enter into a BCTS disposition agreement that would allow for the release of rights to harvest Crown timber under a non-BCTS licence if any of the rights under the non-BCTS licence are under suspension, in whole or in part, under section 76.

(4) A BCTS disposition agreement

(a) must describe the rights that the holder of the non-BCTS licence is releasing to the government, including identifying the non-BCTS licence under which those rights are held,

(b) must specify the consideration to be provided by the government to the holder of the non-BCTS licence for the value of the rights released to the government,

(c) may provide that the BCTS disposition agreement ends on a specified date, and

(d) may provide for any other matter the minister considers necessary for the purposes of subsection (2).

(5) The exclusive right to harvest Crown timber under a tree farm licence, community forest agreement, first nations woodland licence or woodlot licence is subject to the right to harvest Crown timber under a BCTS licence if

(a) rights to harvest Crown timber under the tree farm licence, community forest agreement, first nations woodland licence or woodlot licence are released to the government under a BCTS disposition agreement, and

(b) the BCTS licence is entered into or granted as a result of the release of rights referred to in paragraph (a).

(6) Nothing under this section, or under a BCTS disposition agreement entered into under this section, limits the application of any of the following:

(a) a reservation referred to in section 35 (1) (h) or (n), 43.3 (1) (g.2) or 43.55 (1) (h.1);

(b) section 14 (1) (g.2), 35 (1) (n.1), 43.3 (1) (g.3), 43.55 (1) (h.2), 45 (1) (f.2), 47.9, 49.1, 61, 72, 73, 75.8, 115, 116, 117 or 118.

Volume harvested under BCTS licence deemed to be harvested
under non-BCTS licence for cut control purposes

22.3   For the purposes of paragraph (a) of the definition of "volume of timber harvested" in section 75.1 (1) and the definition of "volume of timber harvested" in a licence referred to in section 75.11 (1), if

(a) rights to harvest Crown timber under a non-BCTS licence are released to the government under a BCTS disposition agreement, and

(b) a BCTS licence is entered into or granted as a result of the release of rights referred to in paragraph (a),

the amount of timber that is merchantable Crown timber that is removed under the BCTS licence is deemed to be harvested under the non-BCTS licence.

Payment for timber respecting non-BCTS licence with reduction

22.4   (1) In this section, "reduced non-BCTS licence" means a non-BCTS licence that includes a requirement referred to in section 14 (1) (g.2), 35 (1) (n.1), 43.3 (1) (g.3), 43.55 (1) (h.2) or 45 (1) (f.2).

(2) The minister, in accordance with the regulations, must pay to the holder of a reduced non-BCTS licence the amount determined in accordance with the regulations for the amount of timber that is disposed of under a BCTS licence.

Repealed

23-24   [Repealed 2003-31-14.]

Repealed

24.1-24.9   [Repealed 2023-10-284.]

No compensation

24.91   Compensation is not payable by the government and proceedings must not be commenced or maintained to claim compensation from the government or to obtain a declaration that compensation is payable by the government in respect of

(a) the enactment of this Division, or

(b) obligations, including silviculture and other forest management obligations imposed under the Forest Practices Code of British Columbia Act or the Forest and Range Practices Act, that apply to an agreement resulting from or entered into under any of sections 24.2 to 24.9 as those sections read immediately before their repeal.

Permanent transfer to adjacent timber supply area

25   (1) Subject to subsection (2), the minister may

(a) direct that the right to harvest timber under a forest licence be transferred from one timber supply area to an adjacent timber supply area specified by the minister, and

(b) amend the forest licence to give effect to the direction.

(2) The minister must not give a direction under subsection (1) transferring the right to harvest timber under a forest licence from one timber supply area to an adjacent timber supply area, unless

(a) the boundaries between the timber supply area specified in the forest licence and the adjacent timber supply area have been changed under this Act,

(b) the minister is satisfied that the change in boundaries increased the area of the adjacent timber supply area to a size sufficient to support the transferred right to harvest timber, and

(c) the holder of the forest licence consents.

Minister may impose area restrictions

26   (1) In this section, "original licence" means a forest licence that is the subject of an order under subsection (2).

(2) If a timber supply area has been divided under section 7 (b), the minister may order that the allowable annual cut under a forest licence

(a) be fully allocated to one of the timber supply areas resulting from the division, or

(b) be allocated, in the proportions specified in the order, between or among 2 or more of the timber supply areas resulting from the division.

(3) If an order is made under subsection (2), the minister, in accordance with subsection (4), must issue to the holder of the original licence one or more forest licences in substitution for the original licence.

(4) A forest licence issued under subsection (3)

(a) must specify one of the timber supply areas resulting from the division and authorize an allowable annual cut as necessary to give effect to the order of the minister under subsection (2),

(b) [Repealed 2003-31-18.]

(c) must specify a term that expires on the expiry date of the original licence,

(d) is replaceable on the same terms and conditions as the original licence, if the original licence is replaceable under section 15, and in that case, for the purpose of determining the obligations pertaining to replaceability under the new licence, the new licence is deemed to have been issued at the same time as the original licence, and

(e) subject to subsection (5), must otherwise be on the same terms and conditions as the original licence.

(5) After giving the holder of the original licence an opportunity to be heard, the minister, at the time of issuing a licence under subsection (3), may include in it terms and conditions that vary from those in the original licence to the extent only that the minister considers necessary in order to take into account the allocation referred to in subsection (2).

(6) to (8) [Repealed 2003-31-18.]

Rights in tree farm licences

27   If a tree farm licence expires or otherwise terminates and is not replaced under section 36, a timber licence that is then in the tree farm licence area

(a) expires one year after the expiry or termination of the tree farm licence, and

(b) may be replaced by a timber licence under section 28.

Rights not in tree farm licence

28   (1) A person who holds a timber licence that is due to expire under section 27 (a) may submit to a person designated by the minister, within 6 months after expiry or termination of the tree farm licence, a schedule proposing a time and a sequence for the orderly harvesting of the merchantable timber that is subject to the licence.

(2) After considering a schedule proposed under subsection (1), the minister, in a notice served on its holder within 3 months after receiving the schedule, must offer to the holder one or more timber licences that, subject to section 74,

(a) describe the Crown land subject to the timber licence, and

(b) expire on a date specified in the timber licence by the minister.

(3) The offer may be accepted by written notice served on a person designated by the minister not later than 3 months after it is made.

(4) If the offer is accepted, the minister and the holder must enter into a timber licence.

(5) A notice of an offer made under subsection (3) must be published in the prescribed manner.

One timber licence

29   If the minister considers that efficient forest planning and management would be served, he or she must enter into one timber licence under section 28 (4) for 2 or more timber licences.

Consolidation of timber licences

29.1   (1) With the consent of the holder of a timber licence, the minister may consolidate 2 or more timber licences into a timber licence and, to achieve the consolidation, may do any of the following:

(a) partition or subdivide a timber licence into 2 or more timber licences;

(b) delete all or part of the licence area from a timber licence and add the deleted area to the licence area of another timber licence;

(c) cancel a timber licence if the area covered by the licence has been added to the licence area in another timber licence;

(d) amend a timber licence;

(e) enter into one or more timber licences covering the same land as was covered in the licences being consolidated, subdivided or partitioned.

(2) A timber licence that is amended or entered into under this section must not expire later than the latest expiry date of the timber licences it replaces or amends.

Content of timber licence

30   A timber licence must

(a) describe an area of Crown land over which it is to apply,

(b) be for a term determined under this Division,

(c) grant to its holder the exclusive right during its term to harvest all merchantable timber in the area of Crown land described in it,

(d) if the timber licence is in a tree farm licence area, require its holder to harvest timber in accordance with the tree farm licence and the management plan for the tree farm licence approved under section 35.2,

(e) provide for cutting permits with terms that do not exceed 4 years to be issued by the district manager, or a forest officer authorized by the district manager, within the limits provided in the timber licence and subject to this Act and the Forest and Range Practices Act, to authorize the holder of the timber licence to harvest Crown timber from specified areas of land within the area of Crown land described in the timber licence,

(f) require its holder to pay the government, in addition to other amounts payable under this Act,

(i) stumpage under Part 7, and

(ii) waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the timber licence, but at its holder's discretion, is not cut and removed, and

(g) include other terms and conditions, consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts, determined by the minister.

Extension of term of timber licence

31   On application of the holder of a timber licence, the minister may extend the term of the licence for a period not exceeding 3 years if the licence is in effect on April 26, 2004 and the application is made

(a) before the expiration of the term, or

(b) despite the expiration of the term, if the term expires on April 26, 2004 and before the elapse of 60 days after May 13, 2004.

Non-timber use

32   (1) Unless a timber licence is in a tree farm licence area, if the minister determines that all or any part of the area of land that is subject to the licence is needed for a purpose other than timber production, the minister, in a notice served on the holder of the licence, may require that the merchantable timber on that area or that part be harvested within the time specified in the notice.

(2) On the expiry of the specified time, or of an extension of that time granted by the minister, the minister may delete from the licence the area of land described in the notice.

Applications

33   (1) In this section, "eligible application" means an application made in response to an invitation for applications under subsection (4) that

(a) is made by an applicant

(i) who has tendered as required under subsection (5) (b), and

(ii) whom the minister or a person authorized by the minister considers to be qualified to perform the obligations specified under subsection (5) (c),

(b) conforms to subsection (5), and

(c) is not rejected under section 81 (3) or refused under section 81 (5).

(2) On request or on the minister's own initiative, the minister or a person authorized by the minister may

(a) convene a public hearing in which any person may make a submission as to whether or not a specified area should become a tree farm licence area, and

(b) determine the procedures for the public hearing.

(3) After a public hearing under subsection (2),

(a) the minister must

(i) review the submissions made during the hearing and any other information he or she considers relevant, and

(ii) recommend to the Lieutenant Governor in Council whether or not the specified area referred to in subsection (2) (a) should become a tree farm licence area, and

(b) on receiving the recommendation of the minister, the Lieutenant Governor in Council, by order, may

(i) authorize the minister to invite applications for a tree farm licence for all or part of the specified area, or

(ii) decline to do so.

(4) If the minister receives authorization under subsection (3) (b) (i), he or she, by advertising in the prescribed manner,

(a) may invite applications for a tree farm licence, and

(b) in doing so, must require that the applicant by written tender in a sealed container propose only a bonus bid or only a bonus offer.

(5) An application for a tree farm licence must

(a) be in the form specified by the minister,

(b) include an offer by the applicant to pay to the government, in addition to other amounts payable under this Act,

(i) stumpage under Part 7,

(ii) waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the tree farm licence, but, at the licensee's discretion, is not cut and removed, and

(iii) either a bonus bid or bonus offer, whichever is required under subsection (4), in the amount tendered, and

(c) include any information that the minister or a person authorized by the minister may require about the applicants' qualifications to

(i) carry out timber harvesting operations under the licence, or

(ii) perform specified obligations

(A) under the licence, or

(B) in respect of the licence or its holder, under this Act or another enactment.

(6) On receipt of applications and tenders in response to an invitation advertised under subsection (4), the minister

(a) may approve the eligible application of the applicant whose proposed bonus bid or bonus offer is the highest of those tendered by all applicants with eligible applications, or

(b) may decline to approve any of the eligible applications.

(7) If the applicant referred to in subsection (6) does not enter into a tree farm licence as required under subsection (8), the minister

(a) may approve the eligible application of the applicant whose proposed bonus bid or bonus offer is the next highest of those tendered by all applicants with eligible applications, or

(b) may decline to approve any of the eligible applications.

(8) Subject to subsection (10), if an eligible application is approved under this section, the minister and the applicant whose application is approved must enter into a tree farm licence.

(9) The minister may reserve from disposition under this Act the timber in an area that is the subject of a public hearing convened under subsection (2) or described in the advertising referred to in subsection (4), pending the entering into of a tree farm licence or the rejection of all applications submitted under this section.

(10) The minister must not enter into a tree farm licence under this section until a management plan for the proposed tree farm licence area is approved under section 35.2.

Repealed

34   [Repealed 2003-31-21.]

Content of tree farm licence

35   (1) A tree farm licence must

(a) subject to section 36 (3) (a), be for a term of 25 years,

(b) subject to sections 33 and 39, describe a tree farm licence area, determined by the minister or a person authorized by the minister, comprising Crown land, the timber on which is unencumbered except by the licence, and if the area includes

(i) private land, or

(ii) Crown land subject to a timber licence

also comprising that land,

(c) require its holder to pay to the government, in addition to other amounts payable under this Act,

(i) stumpage under Part 7 for timber harvested under the tree farm licence on Crown land or under a timber licence on Crown land in the tree farm licence area,

(ii) waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the tree farm licence or timber licence, but, at the licensee's discretion, is not cut and removed, and

(iii) a bonus bid or bonus offer, whichever is required under section 33, in the amount tendered under that section,

(d) [Repealed 2007-18-13.]

(e) subject to this Act and the licence, grant to its holder the exclusive right to harvest from the tree farm licence area during the term of the tree farm licence one or both of the following:

(i) Crown timber of one or more types specified in the tree farm licence,

(ii) Crown timber from one or more types of terrain specified in the tree farm licence,

(f) provide for cutting permits with terms that do not exceed 4 years to be issued by the district manager, or a forest officer authorized by the district manager, within the limits provided in the tree farm licence and subject to this Act and the Forest and Range Practices Act, to authorize its holder to harvest the allowable annual cut available to its holder from specified areas of land within the tree farm licence area,

(g) [Repealed 2010-12-7.]

(h) require that timber on the tree farm licence area, in an amount directed by the minister, having regard to reservations made by the minister for

(i) BC timber sales enterprises,

(ii) pulpwood agreements, or

(iii) woodlot licences,

is to be available for disposition under

(iv) timber sale licences or forestry licences to cut, or

(v) Division 7 or 8 of this Part

to persons other than the holder of the tree farm licence,

(i) make provision for its holder to use the services of one or more professional foresters to manage the tree farm licence area,

(j) require that each year during its term a volume of timber not less than

(i) 50% of the volume of timber harvested by or for its holder from the tree farm licence area during the year, multiplied by

(ii) the result obtained by the division of

(A) the portion of the allowable annual cut available to its holder during that year that the chief forester determines is attributable to Crown land referred to in paragraph (b) and sections 37 (1) and 38, by

(B) the allowable annual cut available to its holder during that year

are to be harvested by persons under contract with its holder,

(k) allow its holder to contract for the harvesting of more than the volume calculated under paragraph (j),

(l) provide that the minister, under the regulations, may relieve the holder, in whole or in part, from the requirement under paragraph (j),

(m) [Repealed 2003-30-2.]

(n) reserve to the government the right to enter into a free use permit on the tree farm licence area with a person other than the holder of the tree farm licence,

(n.1) may require that the amount of timber on Crown land within the tree farm licence area that is available to the holder of the tree farm licence be reduced by a specified amount of timber for a specified period of time for the purpose of entering into one or more BCTS licences, respecting all or part of the specified amount of timber, with one or more persons other than the holder of the tree farm licence, and

(o) contain other terms and conditions, consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts, determined by the minister.

(1.1) A requirement described in subsection (1) (n.1) must not be included in the following:

(a) a tree farm licence entered into before the date this subsection comes into force, unless the holder of the tree farm licence agrees to include the requirement;

(b) a replacement for a replaceable tree farm licence, unless

(i) the tree farm licence already includes the requirement, or

(ii) the holder of the tree farm licence agrees to include the requirement;

(c) a tree farm licence that replaces a tree farm licence under section 16, or that replaces or amends a tree farm licence under section 39, unless

(i) the tree farm licence that is replaced or amended already includes the requirement, or

(ii) the holder of the tree farm licence that replaces or amends a tree farm licence agrees to include the requirement.

(2) A disposition of timber under Division 3 or 7 of this Part pursuant to this section, or pursuant to a requirement referred to in subsection (1) (h), does not give rise to any right to or eligibility for compensation under this Act or otherwise.

Inventories

35.1   (1) In this section, "recreation resources" has the same meaning as it has in the Forest and Range Practices Act.

(2) If, having regard to the factors listed in subsection (5), the chief forester determines that a management plan for a tree farm licence does not satisfactorily provide for an inventory of the forest, recreation and cultural heritage resources of the tree farm licence area, the chief forester may give a notice to the holder of the licence requiring the holder of the licence to compile and submit the inventories set out in the notice.

(3) The notice given under subsection (2) may specify the following requirements:

(a) the manner in which the inventories are prepared;

(b) the format in which the inventories are presented;

(c) the specifications the inventories must meet;

(d) the date the inventories must be submitted to the chief forester.

(4) In addition to compiling any inventories required under the management plan, the holder of the tree farm licence must compile and submit the inventories required in the notice given under subsection (2) and comply with any requirements referred to in subsection (3) that are set out in the notice.

(5) The chief forester may determine that a management plan for a tree farm licence does not satisfactorily provide for an inventory of the forest, recreation and cultural heritage resources of the tree farm licence area if, in the opinion of the chief forester, inventories prepared in accordance with the management plan would not provide sufficient information to adequately

(a) establish and carry out objectives set by government,

(b) prepare and carry out operational plans,

(c) manage and conserve the forest, recreation and cultural heritage resources of the tree farm licence area, and

(d) assess the impact that managing the resources referred to in paragraph (c) would have on the timber supply for the tree farm licence area.

Management plan for tree farm licence

35.2   (1) A management plan for a tree farm licence may be approved in accordance with the regulations if the management plan

(a) is submitted in accordance with the regulations, and

(b) conforms to prescribed requirements.

(2) A management plan approved under subsection (1)

(a) is effective for the period of time specified in the regulations, and

(b) may be replaced or extended in accordance with the regulations.

(3) The tree farm licence holder must comply with a management plan approved under subsection (1) or replaced or extended under subsection (2).

(4) The requirements in a tree farm licence respecting the content of a management plan do not apply to a management plan approved under subsection (1) or replaced or extended under subsection (2).

(5) A management plan for a tree farm licence that is in effect when this section comes into force

(a) is deemed to be approved under subsection (1), and

(b) despite subsection (4), must comply with the requirements in the tree farm licence respecting management plans until the management plan is replaced under subsection (2).

Replacement

36   (1) In this section, "tree farm licence" means a tree farm licence other than one that provides that a replacement for it must not be offered.

(1.1) During the period beginning 6 months after the fourth anniversary of a tree farm licence and ending on the ninth anniversary, the minister may offer the holder of the tree farm licence a replacement for it, after first giving the holder at least 2 months' notice of intent to offer the replacement.

(1.2) During the 6 months beginning on the ninth anniversary of a tree farm licence for which a replacement has not by then been offered under subsection (1.1), the minister must offer the holder of the tree farm licence a replacement for it.

(2) Despite subsection (1.2), if the minister determines that

(a) rights under the existing tree farm licence are under suspension, or

(b) the holder of the existing tree farm licence has failed to

(i) pay stumpage or other money payable in respect of timber harvested under the tree farm licence or a road permit associated with the tree farm licence,

(ii) provide security or a deposit required under this Act or the Forest and Range Practices Act in respect of the tree farm licence or a road permit associated with the tree farm licence,

(iii) perform an obligation under the tree farm licence to be performed by the holder in respect of an area of land specified in

(A) a cutting permit previously issued under the tree farm licence, or

(B) a road permit associated with the tree farm licence, or

(iv) comply with a requirement under this Act, the Forest and Range Practices Act or the Wildfire Act in respect of an area of land referred to in subparagraph (iii),

the minister, to the extent provided in the regulations,

(c) may decline to offer a replacement for the existing tree farm licence until

(i) the suspension is rescinded,

(ii) the suspended rights are reinstated, or

(iii) the holder of the existing tree farm licence

(A) pays the stumpage or other money payable,

(B) provides the required security or deposit,

(C) performs the obligation to be performed under the existing tree farm licence in respect of land referred to in paragraph (b) (iii), or

(D) complies with the requirement under this Act, the Forest and Range Practices Act or the Wildfire Act in respect of land referred to in paragraph (b) (iii), and

(d) may offer a replacement with special conditions.

(3) A tree farm licence offered under this section must

(a) be for a term equal to

(i) 25 years, or

(ii) if the minister exercises the power conferred under subsection (2) (c), a period, not exceeding 25 years, to be determined by the minister,

(b) have a term beginning

(i) if the tree farm licence is replaced under subsection (1.1), on the earlier of

(A) the next anniversary of the existing tree farm licence being replaced under the offer, and

(B) the immediate past anniversary of the existing tree farm licence being replaced under the offer, if the minister or a person authorized by the minister and the holder of the tree farm licence agree in writing,

(i.1) if the tree farm licence is replaced under subsection (1.2), the tenth anniversary of the existing tree farm licence being replaced under the offer, or

(ii) if the minister exercises the power conferred under subsection (2) (c), on a date to be determined by the minister,

(c) subject to sections 37, 38 and 39, describe as a tree farm licence area the area subject to the existing tree farm licence, and

(d) include other terms and conditions, consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts, set out in the offer.

(4) A notice of intent to offer a replacement referred to in subsection (1.1) and an offer of replacement made under subsection (1.2) must be published in the prescribed manner.

(5) An offer made under this section may

(a) be amended, and

(b) be accepted by written notice of acceptance served on the minister not later than 3 months after the offer is served.

(6) If an offer made under this section is accepted

(a) a tree farm licence containing the terms and conditions set out in the offer, including amendments, must be entered into by the minister and the holder of the tree farm licence, and

(b) the existing tree farm licence expires on the commencement of the replacement licence.

(7) If an offer made under this section is not accepted, the existing tree farm licence continues in force until its term expires, after which it has no further effect.

(8) No tree farm licence is renewable.

Transition for tree farm licence replacement

36.1   (1) If an offer of a replacement for a tree farm licence

(a) was required to be made under section 36 within the 18 month period immediately preceding the date on which this section comes into force, and

(b) was not made within the 18 month period,

the offer of replacement, when made, must conform to section 36 of this Act as amended by the Forest (Revitalization) Amendment Act (No. 2), 2003.

(2) If an offer of a replacement for a tree farm licence

(a) was required to be made under section 36 within the 18 month period immediately preceding the date on which this section comes into force, and

(b) was made within the 18 month period,

the offer may be withdrawn if the person to whom the offer was made consents to the withdrawal of the offer.

(3) If an offer is withdrawn under subsection (2), the minister or person authorized by the minister must offer a replacement for the tree farm licence, and the offer must conform to section 36 of this Act as amended by the Forest (Revitalization) Amendment Act (No. 2), 2003.

Private tenure

37   (1) On the expiry of a timber licence that is held by the holder of a tree farm licence and that is in the tree farm licence area, the land that was subject to the timber licence remains in the tree farm licence area and continues to be subject to its provisions.

(2) and (3) [Repealed 2003-31-25.]

Private land

38   Private land that is transferred to the government remains subject to a tree farm licence if the private land is in the tree farm licence area.

Consolidation and subdivision of tree farm licences

39   (1) [Repealed 2009-8-4.]

(2) Subject to this section, the minister, by a method or combination of methods under subsection (5), may

(a) replace 2 or more tree farm licences held by the same person with one of those tree farm licences held by that person or a new tree farm licence held by that person, or

(b) amend a single tree farm licence held by a person and enter into one or more tree farm licences held by that person,

if the minister first receives the consent of the holder of the licences or licence.

(3) Subject to this section, the minister, by a method or combination of methods under subsection (5), must

(a) replace 2 or more tree farm licences held by the same person with one of those tree farm licences held by that person or a new tree farm licence held by that person, or

(b) amend a single tree farm licence held by a person and enter into one or more tree farm licences held by that person,

if the holder requests the replacement or amendment by written request delivered to the minister.

(4) The minister may refuse to replace or amend, under subsection (3), one or more tree farm licences if the minister considers that the replacement or amendment would compromise forest management.

(5) For the purposes of subsections (2) and (3), the methods are as follows:

(a) deleting all or part of the licence area from a tree farm licence and adding the deleted area to the licence area of another tree farm licence;

(b) cancelling a tree farm licence if the area covered by the licence has been added to the licence area in another tree farm licence;

(c) amending a tree farm licence;

(d) entering into one or more tree farm licences covering the same land as was covered in the licences being replaced.

(e) [Repealed 2007-18-17.]

(6) If the minister makes a replacement or amendment referred to in subsection (2) or (3), the total of the allowable annual cuts, after the replacements, amendments or both, of all of the tree farm licences involved must remain the same as it was immediately before any replacements or amendments under this section.

(7) A tree farm licence as described in paragraph (c) of the definition of "licence" in section 75.4 (1) may not be replaced under subsection (2) or (3) except with a tree farm licence that is also a tree farm licence as described in paragraph (c) of the definition of "licence" in section 75.4 (1).

(7.1) A replaceable tree farm licence may not be replaced under subsection (2) or (3) except with a tree farm licence that is also replaceable.

(7.2) A tree farm licence that provides that a replacement for the tree farm licence must not be offered may not be replaced under subsection (2) or (3) except with a tree farm licence that also provides that a replacement for it must not be offered.

(8) Despite section 35 (1) (a), a tree farm licence that is amended or entered into under this section must not expire later than the earliest expiry date of the tree farm licences it replaces or amends.

Change in boundary or area

39.1   (1) The minister may change the boundary or area of a tree farm licence with the consent of its holder.

(2) The discretion of the minister under subsection (1) includes the discretion to change the boundary or area of the tree farm licence with the consent of its holder by

(a) adding private land of the holder of the tree farm licence to the area of the licence, or

(b) removing private land from the area of the licence.

Repealed

40   [Repealed 2003-31-27.]

Content of pulpwood agreement

41   (1) A pulpwood agreement must

(a) be for a term not exceeding 25 years,

(b) describe as a pulpwood area the area described in the agreement as it was on April 1, 2003,

(c) require its holder to construct, expand or continue a timber processing facility in accordance with the application for the pulpwood agreement,

(d) require its holder to purchase, as provided in the pulpwood agreement,

(i) wood residue produced by timber processing facilities from timber harvested in the pulpwood area, and

(ii) pulp logs, as defined in the agreement, from the pulpwood area,

(e) grant to its holder the option to obtain from the regional manager or district manager, without advertising or competition from other applicants, forestry licences to cut authorizing the harvest from Crown land in the pulpwood area of a maximum annual volume of timber not exceeding the volume, and according to the terms, specified in the pulpwood agreement,

(f) require that its holder must not exercise an option under paragraph (e) without first complying with the requirement under paragraph (d), and

(g) include other terms and conditions, consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts, determined by the minister.

(2) This section applies to a pulpwood agreement that

(a) is in effect after the coming into force of this section, and

(b) was entered into before that time.

Repealed

42   [Repealed 2003-31-29.]

Consolidation and subdivision of pulpwood agreements

43   (1) In this section, "minister" includes a person authorized by the minister.

(2) Subject to this section, the minister, by a method or combination of methods under subsection (5), may

(a) replace 2 or more pulpwood agreements held by the same person with one of those pulpwood agreements held by that person or a new pulpwood agreement held by that person, or

(b) amend a single pulpwood agreement held by a person and enter into one or more pulpwood agreements held by that person,

if the minister first receives the consent of the holder of the agreements or agreement.

(3) Subject to this section, the minister, by a method or combination of methods under subsection (5), must

(a) replace 2 or more pulpwood agreements held by the same person with one of those pulpwood agreements held by that person or a new pulpwood agreement held by that person, or

(b) amend a single pulpwood agreement held by a person and enter into one or more pulpwood agreements held by that person,

if the holder requests the replacement or amendment by written request delivered to the minister.

(4) The minister may refuse to replace or amend, under subsection (3), one or more pulpwood agreements if the minister considers that the replacement or amendment would compromise forest management.

(5) For the purposes of subsections (2) and (3), the methods are as follows:

(a) deleting all or part of the area from a pulpwood agreement and adding the deleted area to the area of another pulpwood agreement;

(b) cancelling a pulpwood agreement if the area covered by the agreement has been added to the area in another pulpwood agreement;

(c) amending a pulpwood agreement;

(d) entering into one or more pulpwood agreements covering the same land as was covered in the agreement being replaced.

(6) Despite section 41 (a) a pulpwood agreement that is amended or entered into under this section must not expire later than the earliest expiry date of the pulpwood agreements it replaces or amends.

Repealed

43.1   [Repealed 2009-8-5.]

Applications for community forest agreements

43.2   (1) On request or on his or her own initiative the minister, by advertising in the prescribed manner, may invite applications for a community forest agreement.

(2) An application for a community forest agreement must meet prescribed requirements.

(3) A community forest agreement may be entered into only with an applicant that is

(a) a first nation,

(b) a municipality or regional district, or

(c) any of the following if prescribed requirements are met:

(i) a society as defined in the Societies Act;

(ii) an association as defined in the Cooperative Association Act;

(iii) a corporation;

(iv) a partnership.

(4) The minister must evaluate applications for a community forest agreement in accordance with prescribed requirements.

(5) After evaluating applications under subsection (4), the minister may

(a) approve an application,

(b) approve an application subject to conditions with which the applicant must comply before the community forest agreement is entered into, or

(c) decline to approve all applications.

(6) If an applicant whose application is approved under subsection (5) does not enter into the community forest agreement, the minister may

(a) approve the next best application,

(b) approve the next best application subject to conditions with which the applicant must comply before the community forest agreement is entered into, or

(c) refuse to approve any of the applications.

(7) Subject to subsection (8), the minister must enter into a community forest agreement with every applicant whose application is approved under subsection (5) or (6).

(8) The minister must not enter into a community forest agreement until a management plan is approved by the minister for the proposed community forest agreement area.

(9) The minister may reserve from disposition under this Act the timber in the area described in the advertising, pending

(a) a community forest agreement being entered into under this section, or

(b) a refusal under subsection (6) to approve any of the applications.

Content of community forest agreement

43.3   (1) A community forest agreement

(a) must be for a term of not less than 25 years and not more than 99 years,

(b) must describe a community forest agreement area, determined by the minister or a person authorized by the minister, comprising Crown land and, if the area so determined includes land that is

(i) in a reserve as defined in the Indian Act (Canada), or

(ii) private land

also comprising that land,

(c) subject to this Act and the agreement,

(i) must give to its holder the exclusive right to harvest timber on the Crown land referred to in paragraph (b), for the term of the agreement, and

(ii) may give to its holder the right to harvest, manage and charge fees for botanical forest products and other prescribed products,

(d) must require its holder to pay to the government, in addition to other amounts payable under this Act,

(i) stumpage under Part 7 in respect of Crown timber, and

(ii) waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the community forest agreement, but, at the holder's discretion, is not cut and removed,

(e) must provide for cutting permits with terms that do not exceed 4 years to be issued by the district manager, or a forest officer authorized by the district manager, within the limits provided in the community forest agreement and subject to this Act and the Forest and Range Practices Act, to authorize its holder to harvest the allowable annual cut available to its holder from specified areas of land within the community forest agreement area,

(f) must require its holder to

(i) submit for the approval of the minister, at the times specified in the agreement, a management plan that meets the requirements of the community forest agreement, and

(ii) implement management plans approved by the minister,

(f.1) may include one or more provisions of Division 3.1 of Part 4 with any variations necessary or desirable to adapt the provision or provisions for the purposes of the agreement,

(g) must require its holder, in accordance with the community forest agreement, to

(i) carry out audits and make and submit reports concerning the holder's performance under the agreement, and

(ii) make information available to the public and carry out consultation activities with the public concerning matters relating to the community forest agreement,

(g.1) that is entered into with a first nation or its representative to implement or further an agreement, the "other agreement", between the first nation and the government respecting treaty-related measures, interim measures or economic measures, must state that it is a condition of the community forest agreement that the first nation comply with the other agreement,

(g.2) may require that a specified amount of timber on Crown land within the community forest agreement area is to be reserved and available for disposition, to persons other than the holder of the community forest agreement, under

(i) timber sale licences, or

(ii) forestry licences to cut under section 47.6 (3),

(g.3) may require that the amount of timber on Crown land within the community forest agreement area that is available to the holder of the community forest agreement be reduced by a specified amount of timber for a specified period of time for the purpose of entering into one or more BCTS licences, respecting all or part of the specified amount of timber, with one or more persons other than the holder of the community forest agreement, and

(h) may include other terms and conditions that the minister determines are consistent with any proposal made in the application for the community forest agreement, this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts.

(2) A reservation referred to in subsection (1) (g.2) must not be included in the following:

(a) a community forest agreement entered into before the date this subsection comes into force, unless

(i) the community forest agreement already includes the reservation, or

(ii) the holder of the community forest agreement agrees to include the reservation;

(b) a replacement for a replaceable community forest agreement, unless paragraph (a) (i) or (ii) of this subsection applies in relation to the replaceable community forest agreement.

(3) A requirement described in subsection (1) (g.3) must not be included in the following:

(a) a community forest agreement entered into before the date this subsection comes into force, unless the holder of the community forest agreement agrees to include the requirement;

(b) a replacement for a replaceable community forest agreement, unless

(i) the community forest agreement already includes the requirement, or

(ii) the holder of the community forest agreement agrees to include the requirement.

Replacement of community forest agreements

43.4   (1) to (3) [Repealed 2009-8-9.]

(4) Unless a community forest agreement provides that a replacement for the community forest agreement must not be offered, the minister, during the 6 month period following the ninth anniversary of an existing community forest agreement, must offer the holder a replacement community forest agreement.

(5) A community forest agreement offered under subsection (4) must

(a) be for a term of not less than 25 years and not more than 99 years, commencing on the tenth anniversary of the existing community forest agreement,

(b) describe as a community forest agreement area the area subject to the existing community forest agreement and any change to the boundary or area made by the minister under subsection (6), and

(c) include other terms and conditions that are set out in the offer and are consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts.

(6) In accordance with the regulations, and with the consent of the person to whom a community forest agreement is offered under this section, the minister may change the boundary or area in the offered community forest agreement from the boundary or area of the existing community forest agreement.

(7) Notice of an offer made under this section to replace a community forest agreement must be published in the prescribed manner.

(8) An offer made under this section may be

(a) amended, and

(b) accepted by written notice to the minister, not later than 3 months after the offer is served.

(9) If an offer made under this section is accepted

(a) a community forest agreement containing the terms and conditions set out in the offer, including amendments, must be entered into by the minister and the holder of the community forest agreement, and

(b) the existing community forest agreement expires on the commencement of the replacement agreement.

(10) A community forest agreement is not renewable.

Transition for community forest pilot agreements and probationary community forest agreements

43.41   (1) On the coming into force of this section, the holder of an existing

(a) community forest pilot agreement entered into under section 43.5 as it read immediately before September 17, 2004, or

(b) probationary community forest agreement entered into under section 43.51 as it read immediately before March 31, 2009,

may, in accordance with section 43.3 (1), enter into a community forest agreement with the minister, except that the community forest agreement

(c) must have a term of 25 years,

(d) must specify an allowable annual cut that is the same as the allowable annual cut of the community forest pilot agreement or probationary community forest agreement, as the case may be,

(d.1) must not include a reservation referred to in section 43.3 (1) (g.2), and

(e) must include other terms and conditions that are substantially the same as in the community forest pilot agreement or probationary community forest agreement, as the case may be, except for terms and conditions referred to in section 43.3 (1) (f.1), which may, in the community forest agreement, be substantially different from those terms and conditions in the community forest pilot agreement or probationary community forest agreement.

(2) A community forest pilot agreement or probationary community forest agreement to which subsection (1) (a) or (b) applies is deemed to be surrendered on the date the community forest agreement is entered into under subsection (1).

Repealed

43.5   [Repealed 2009-8-11.]

Direct award of community forest agreements

43.51   (0.1) In this section, "representative" means a person or other legal entity that

(a) is appointed by a first nation as its representative, and

(b) meets prescribed requirements.

(1) The minister may enter into a community forest agreement

(a) with a first nation or its representative to implement or further an agreement between the first nation and the government respecting treaty-related measures, interim measures or economic measures, or

(b) under prescribed circumstances or with a holder that meets prescribed requirements.

(2) [Repealed 2010-12-11.]

(2.1) After a community forest agreement has been entered into under subsection (1) with a first nation or its representative, the minister may, if it furthers the objectives set out in subsection (1) (a), and with the consent of the holder of the community forest agreement, increase the area covered by the community forest agreement.

(3) Section 43.2 does not apply to a community forest agreement entered into under this section.

Change in area or boundary

43.52   In accordance with the regulations, and with the consent of the holder of the agreement, the minister may change the boundary or increase the area of a community forest agreement.

Transition for community forest agreement allowable annual cut

43.53   For a community forest agreement for which an allowable annual cut has not been determined under section 8, a reference in this Act or the regulations to an allowable annual cut authorized for a community forest agreement must be read as a reference to the rate of timber harvesting for each community forest agreement area as determined under section 8.

Award of first nations woodland licence

43.54   (1) In this section, "representative" means a person or other legal entity that

(a) is appointed by a first nation as its representative, and

(b) meets prescribed requirements.

(2) The minister may enter into a first nations woodland licence with a first nation or its representative to implement or further an agreement between the first nation and the government respecting treaty-related measures, interim measures or economic measures.

(3) After a first nations woodland licence has been entered into under subsection (2), the minister may, if it furthers the objectives set out in subsection (2), and with the consent of the holder of the licence, increase the area covered by the licence.

(4) The minister must not enter into a first nations woodland licence under subsection (2) until

(a) a management plan is approved by the minister for the proposed first nations woodland licence area, and

(b) if required under the agreement between the first nation and the government referred to in subsection (2) of this section, one or more agreements referred to in section 12 are surrendered.

Content of first nations woodland licence

43.55   (1) A first nations woodland licence

(a) must be for a term of not less than 25 years and not more than 99 years,

(b) must describe a first nations woodland licence area, determined by the minister, comprising Crown land and, if the area so determined includes land that is

(i) in a reserve as defined in the Indian Act (Canada), or

(ii) private land,

also comprising that land,

(c) subject to this Act and the licence,

(i) must give to its holder the exclusive right to harvest timber on the Crown land referred to in paragraph (b), for the term of the agreement, and

(ii) may give to its holder the right to harvest, manage and charge fees for botanical forest products and other prescribed products,

(d) must require its holder to pay to the government, in addition to other amounts payable under this Act,

(i) stumpage under Part 7 in respect of Crown timber, and

(ii) waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the licence, but, at the holder's discretion, is not cut and removed,

(e) must provide for cutting permits with terms that do not exceed 4 years to be issued by the district manager, or a forest officer authorized by the district manager, within the limits provided in the licence and subject to this Act and the Forest and Range Practices Act, to authorize its holder to harvest the allowable annual cut available to its holder from specified areas of Crown land within the first nations woodland licence area,

(f) must require its holder to

(i) submit for the approval of the minister, at the times specified in the licence, a management plan that meets the requirements of the licence, and

(ii) implement management plans approved by the minister,

(g) may include one or more provisions of Division 3.1 of Part 4 with any variations necessary or desirable to adapt the provision or provisions

(i) for the purposes of the licence, or

(ii) to take into account the effect of a surrender of an agreement referred to in section 43.54 (4) (b),

(h) must state that it is a condition of the licence that the first nation comply with the agreement between the first nation and the government referred to in section 43.54 (2),

(h.1) may require that a specified amount of timber on Crown land within the first nations woodland licence area is to be reserved and available for disposition, to persons other than the holder of the first nations woodland licence, under

(i) timber sale licences, or

(ii) forestry licences to cut under section 47.6 (3),

(h.2) may require that the amount of timber on Crown land within the first nations woodland licence area that is available to the holder of the first nations woodland licence be reduced by a specified amount of timber for a specified period of time for the purpose of entering into one or more BCTS licences, respecting all or part of the specified amount of timber, with one or more persons other than the holder of the first nations woodland licence, and

(i) may include other terms and conditions, consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts, determined by the minister.

(2) A reservation referred to in subsection (1) (h.1) must not be included in the following:

(a) a first nations woodland licence entered into before the date this subsection comes into force, unless the holder of the first nations woodland licence agrees to include the reservation;

(b) a replacement for a replaceable first nations woodland licence entered into before the date this subsection comes into force, unless the holder of the replaceable first nations woodland licence agrees to include the reservation.

(3) A requirement described in subsection (1) (h.2) must not be included in the following:

(a) a first nations woodland licence entered into before the date this subsection comes into force, unless the holder of the first nations woodland licence agrees to include the requirement;

(b) a replacement for a replaceable first nations woodland licence, unless

(i) the first nations woodland licence already includes the requirement, or

(ii) the holder of the first nations woodland licence agrees to include the requirement.

Replacement of first nations woodland licences

43.56   (1) Unless a first nations woodland licence provides that a replacement for the first nations woodland licence must not be offered, the minister, during the 6 month period following the ninth anniversary of an existing first nations woodland licence, must offer the holder a replacement first nations woodland licence.

(2) A first nations woodland licence offered under subsection (1) must

(a) be for a term of not less than 25 years and not more than 99 years, commencing on the tenth anniversary of the existing licence,

(b) describe, as a first nations woodland licence area, the area subject to the existing licence and any change to the boundary or area made by the minister under subsection (3), and

(c) include other terms and conditions that are set out in the offer and are consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts.

(3) In accordance with the regulations, and with the consent of the person to whom a first nations woodland licence is offered under this section, the minister may change the boundary or area in the offered first nations woodland licence from the boundary or area of the existing first nations woodland licence.

(4) An offer made under this section may be

(a) amended, and

(b) accepted by written notice to the minister not later than 3 months after the offer is served.

(5) If an offer made under this section is accepted,

(a) a first nations woodland licence containing the terms and conditions set out in the offer, including amendments, must be entered into by the minister and the holder of the first nations woodland licence, and

(b) the existing first nations woodland licence expires on the commencement of the replacement licence.

(6) A first nations woodland licence is not renewable.

Change in area or boundary

43.57   In accordance with the regulations and with the consent of the holder of the licence, the minister may change the boundary or area of a first nations woodland licence.

Repealed

43.6-43.8   [Repealed 2021-38-26.]

Applications

44   (1) In this section:

"affiliate" has the same meaning as in section 53;

"control", in relation to a corporation, has the same meaning as "control of a corporation" in section 53;

"ineligible licence" means a licence that

(a) is one of the following:

(i) a timber sale licence, if the timber sale licence is also a major licence;

(ii) a forest licence, other than a forest licence entered into under section 47.3 (1);

(iii) a tree farm licence;

(iv) a forestry licence to cut, other than a forestry licence to cut entered into under section 47.3 (1), and

(b) is either

(i) replaceable, or

(ii) non-replaceable, with an original term greater than 5 years.

(2) On request or on his or her own initiative the minister, by advertising in the prescribed manner, may invite applications for a woodlot licence.

(3) An application for a woodlot licence must

(a) be made to a person designated by the minister, and

(b) meet prescribed requirements.

(4) Subject to subsections (5) and (5.1), a woodlot licence may be entered into only with an applicant that is

(a) a Canadian citizen or permanent resident of Canada who is 19 years of age or older,

(b) a first nation, or

(c) a corporation, other than a society, that is controlled by persons who meet the qualifications referred to in paragraph (a).

(5) A woodlot licence may not be entered into with an applicant that is not a corporation if any of the following apply:

(a) the applicant holds 2 or more woodlot licences;

(b) the applicant controls a corporation that holds 2 or more woodlot licences;

(c) the applicant holds a woodlot licence and controls a corporation that holds a woodlot licence;

(d) the applicant controls a corporation that holds a woodlot licence and the corporation is affiliated with another corporation that holds a woodlot licence;

(e) the applicant holds

(i) an ineligible licence that has an allowable annual cut that is greater than 10 000 m³, or

(ii) 2 or more ineligible licences that together have an aggregate allowable annual cut that is greater than 10 000 m³;

(f) the applicant controls a corporation that holds

(i) an ineligible licence described in paragraph (e) (i), or

(ii) 2 or more ineligible licences described in paragraph (e) (ii);

(g) the applicant holds an ineligible licence and controls a corporation that holds an ineligible licence and those ineligible licences together have an aggregate allowable annual cut that is greater than 10 000 m³;

(h) the applicant controls a corporation that holds an ineligible licence and the corporation is affiliated with another corporation that holds an ineligible licence and those ineligible licences together have an aggregate allowable annual cut that is greater than 10 000 m³.

(5.1) A woodlot licence may not be entered into with an applicant that is a corporation if any of the following apply:

(a) the applicant holds 2 or more woodlot licences;

(b) the applicant is affiliated with another corporation that holds 2 or more woodlot licences;

(c) the applicant holds a woodlot licence and is affiliated with another corporation that holds a woodlot licence;

(d) the applicant holds

(i) an ineligible licence that has an allowable annual cut that is greater than 10 000 m³, or

(ii) 2 or more ineligible licences that together have an aggregate allowable annual cut that is greater than 10 000 m³;

(e) the applicant is affiliated with another corporation that holds

(i) an ineligible licence described in paragraph (d) (i), or

(ii) 2 or more ineligible licences described in paragraph (d) (ii);

(f) the applicant holds an ineligible licence and is affiliated with another corporation that holds an ineligible licence and those ineligible licences together have an aggregate allowable annual cut that is greater than 10 000 m³.

(6) The minister must evaluate applications for a woodlot licence in accordance with prescribed requirements.

(7) After evaluating applications under subsection (6), the person who evaluated the applications may

(a) approve an application, or

(b) decline to approve all applications.

(8) If an applicant whose application is approved under subsection (7) neglects or declines to enter into the woodlot licence or becomes ineligible to enter into the licence, the minister may

(a) approve the next best application, or

(b) refuse to approve any of the applications.

(9) Subject to subsection (10), the minister must enter into a woodlot licence with every person whose application is approved under subsection (7) or (8).

(10) The minister must not enter into a woodlot licence until a management plan is approved by the government for the proposed woodlot licence area.

(11) The minister may reserve from disposition under this Act the timber in the area described in the advertising, pending

(a) a woodlot licence being entered into under this section, or

(b) a refusal under subsection (8) to approve any of the applications.

Content of woodlot licence

45   (1) A woodlot licence must

(a) be for a term not exceeding 20 years,