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Part 3 — Disposition of Timber by the Government
Division 1 — Forms of 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.
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
(e) community forest agreement,
(e.1) first nations woodland licence,
(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
13 (1) In this section, "eligible application" means an application made in response to an invitation for applications under subsection (2) that
(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 refused under section 81 (2).
(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,
(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
(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.
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
(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) Subject to subsection (4.1), if an eligible bioenergy application is approved under subsection (3), the minister and the applicant must, on or after the commercial operation date, enter into a non-replaceable forest licence.
(4.1) The minister may refuse to enter into a non-replaceable forest licence with the applicant of an eligible bioenergy application approved under subsection (3) if, on the commercial operation date, one or more of the following circumstances exist:
(a) the applicant, or a related person of the applicant, has not yet paid money required to be paid to the government in a circumstance set out in section 130 (1.1) and the due date for paying the money has passed, regardless of whether payment arrangements satisfactory to the revenue minister have been made;
(b) the applicant is not in compliance with a requirement under this Act or the Forest and Range Practices Act to provide security or a deposit;
(c) the applicant holds another specified authorization or a replacement agreement, as those terms are defined in section 81 (1), and
(i) rights under the other specified authorization or replacement agreement, or a cutting permit issued for it, are under suspension, or
(ii) the applicant is not in compliance with a requirement referred to in section 81 (2) (c) (ii) (A) or (B) in relation to the other specified authorization or replacement agreement.
(4.2) If the circumstances referred to in subsection (4.1) cease to exist within 90 days after the commercial operation date, the minister and the applicant must enter into a non-replaceable forest licence.
(5) An approval under subsection (3) of an eligible bioenergy application is revoked if either of the following applies:
(a) the British Columbia Hydro and Power Authority or the applicant terminates the bioenergy supply contract before the commercial operation date;
(i) has refused, in accordance with subsection (4.1), to enter into a non-replaceable forest licence with the applicant, and
(ii) is not required, under subsection (4.2), to enter into a non-replaceable forest licence with the applicant.
(6) If the applicant refuses to enter into a forest licence under subsection (4) or (4.2)
(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 (4) or (4.2).
(7) In addition to setting out the matters described in section 14 (1), a forest licence entered into under subsection (4) or (4.2)
(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.
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.
(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;
(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,
(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,
(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.
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
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
(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.
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 established under section 13 (2.1).
(2) A restricted forest licence may specify that timber must not be harvested under the licence unless the minister is satisfied that the holder of the licence has taken 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.
15 (0.1) In this section, "Acts" means this Act, the Forest and Range Practices Act and the Wildfire Act.
(1) This section does not apply to a forest licence that provides that a replacement for the licence 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 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 must offer the holder of the forest licence a replacement for it.
(2) Despite subsection (1.2), if one or more of the following circumstances exists in relation to an existing forest licence, the minister may decline to offer a replacement for the forest licence until the circumstances cease to exist:
(a) rights under the forest licence, or under a cutting permit issued for the forest licence, are under suspension;
(b) the holder, or a related person of the holder, has not yet paid one or more of the following amounts and the due date for paying the amount has passed, regardless of whether payment arrangements satisfactory to the revenue minister have been made:
(i) stumpage or other amounts payable to the government in respect of timber harvested under the forest licence or a road permit associated with the forest licence;
(ii) an amount owing under an order made under Division 3 of Part 6 of the Forest and Range Practices Act against the holder or related person;
(c) the holder is not in compliance with a requirement under this Act or the Forest and Range Practices Act to provide security or a deposit in respect of
(ii) a cutting permit issued for the forest licence, or
(iii) a road permit associated with the forest licence;
(d) the holder is not in compliance with
(i) a requirement under the forest licence, a cutting permit issued for the forest licence or a road permit associated with the forest licence, or
(ii) a requirement under the Acts in respect of activities carried out under the cutting permit or road permit referred to in subparagraph (i).
(2.1) The minister may, in a circumstance referred to in subsection (2), offer a replacement with special conditions.
(3) A forest licence offered under this section must
(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 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 exercises the power conferred under subsection (2), on a date to be determined by the minister,
(ii) if the minister exercises the power conferred under subsection (2), a period, not exceeding 15 years, to be determined 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
(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.
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
(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.
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.
(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
(a) if the minister considers that the replacement or amendment would compromise forest management, or
(b) in the prescribed circumstances.
(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
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
(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.
Division 3 — Timber Sale Licences
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 refused under section 81 (2).
(2) On request or on his or her own initiative and by advertising in the prescribed manner, the timber sales manager
(a) may, subject to section 22.5, invite applications for a timber sale licence, and
(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,
(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) Subject to section 22.5, 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.
22 A timber sale licence
(a) must be for a term not exceeding 4 years,
(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,
(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,
(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.
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.
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 rights under the non-BCTS licence are under suspension 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 or 75.8.
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.
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.
22.5 A timber sales manager may not invite applications for a timber sale licence under section 20 (2), or enter into a timber sale licence under section 20 (6), if
(a) the timber sale licence would grant rights to harvest Crown timber on land located inside a forest landscape area and either of the following applies:
(i) the timber sales manager does not hold a forest operations plan, as required under the Forest and Range Practices Act, that applies to the land;
(ii) the location of the land is inconsistent with the approximate locations of proposed cutblocks shown in a forest operations plan held by the timber sales manager, or
(b) the timber sale licence would grant rights to harvest Crown timber on land located outside a forest landscape area and the timber sales manager does not hold a forest stewardship plan, as required under the Forest and Range Practices Act, that applies to the land.
Division 3.1 — Conversion of Timber Sale Licences
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.
Division 4 — Forest Licence Area Restriction
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
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),
(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).
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
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.
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.
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;
(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.
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,
(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.
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.
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.
Division 6 — Tree Farm Licences
33 (1) In this section, "eligible application" means an application made in response to an invitation for applications under subsection (4) that
(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 refused under section 81 (2).
(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),
(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
(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,
(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
(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.
(a) subject to section 36 (3) (a), must be for a term of 25 years,
(b) subject to sections 33 and 39, must 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
(ii) Crown land subject to a timber licence
also comprising that land,
(c) must 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,
(e) subject to this Act and the licence, must 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,
(h) must 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,
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) must make provision for its holder to use the services of one or more professional foresters to manage the tree farm licence area,
(j) must 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) must allow its holder to contract for the harvesting of more than the volume calculated under paragraph (j),
(l) must provide that the minister, under the regulations, may relieve the holder, in whole or in part, from the requirement under paragraph (j),
(n) must 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) may 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 March 7, 2017, 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.
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).
36 (0.1) In this section, "Acts" means this Act, the Forest and Range Practices Act and the Wildfire Act.
(1) This section does not apply to a tree farm licence that provides that a replacement for the licence 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 one or more of the following circumstances exists in relation to an existing tree farm licence, the minister may decline to offer a replacement for the tree farm licence until the circumstances cease to exist:
(a) rights under the tree farm licence, or under a cutting permit issued for the tree farm licence, are under suspension;
(b) the holder, or a related person of the holder, has not yet paid one or more of the following amounts and the due date for paying the amount has passed, regardless of whether payment arrangements satisfactory to the revenue minister have been made:
(i) stumpage or other amounts payable to the government in respect of timber harvested under the tree farm licence or a road permit associated with the tree farm licence;
(ii) an amount owing under an order made under Division 3 of Part 6 of the Forest and Range Practices Act against the holder or related person;
(c) the holder is not in compliance with a requirement under this Act or the Forest and Range Practices Act to provide security or a deposit in respect of
(ii) a cutting permit issued for the tree farm licence, or
(iii) a road permit associated with the tree farm licence;
(d) the holder is not in compliance with
(i) a requirement under the tree farm licence, a cutting permit issued for the tree farm licence or a road permit associated with the tree farm licence, or
(ii) a requirement under the Acts in respect of activities carried out under the cutting permit or road permit referred to in subparagraph (i).
(2.1) The minister may, in a circumstance referred to in subsection (2), offer a replacement with special conditions.
(3) A tree farm licence offered under this section must
(ii) if the minister exercises the power conferred under subsection (2), a period, not exceeding 25 years, to be determined by the minister,
(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), 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
(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.
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.
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.
(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
(a) if the minister considers that the replacement or amendment would compromise forest management, or
(b) in the prescribed circumstances.
(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.
(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.
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
Division 7 — Pulpwood Agreements
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
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
(a) if the minister considers that the replacement or amendment would compromise forest management, or
(b) in the prescribed circumstances.
(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.
Division 7.1 — 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
(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;
(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
(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.
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
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,
(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
(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.
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.
(4.1) Despite subsection (4), if the holder of a community forest agreement, or a related person of the holder, has not paid an amount owing under an order made under Division 3 of Part 6 of the Forest and Range Practices Act against the holder or related person, and the due date for paying the amount has passed, the minister may decline to offer a replacement for the community forest agreement until the holder or related person pays the amount.
(4.2) Subsection (4.1) applies regardless of whether the holder or related person has made arrangements satisfactory to the revenue minister to pay the amount referred to in that subsection.
(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
(i) the tenth anniversary of the existing community forest agreement, or
(ii) if the minister exercises the power conferred under subsection (4.1), a date to be determined by the minister,
(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
(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.
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.
(2.1) 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.
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.
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.
Division 7.11 — First Nations Woodland Licences
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.
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
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,
(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
(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.
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.
(1.1) Despite subsection (1), if the holder of a first nations woodland licence, or a related person of the holder, has not paid an amount owing under an order made under Division 3 of Part 6 of the Forest and Range Practices Act against the holder or related person, and the due date for paying the amount has passed, the minister may decline to offer a replacement for the first nations woodland licence until the holder or related person pays the amount.
(1.2) Subsection (1.1) applies regardless of whether the holder or related person has made arrangements satisfactory to the revenue minister to pay the amount referred to in that subsection.
(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
(i) the tenth anniversary of the existing licence, or
(ii) if the minister exercises the power conferred under subsection (1.1), a date to be determined by the minister,
(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
(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.
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.
44 (1) In this section, "ineligible licence" means a licence that
(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);
(iv) a forestry licence to cut, other than a forestry licence to cut entered into under section 47.3 (1), and
(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,
(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;
(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;
(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.
(a) must be for a term not exceeding 20 years,
(b) must describe a woodlot licence area determined by the minister to be composed of
(i) private land owned or held under lease by its holder or a reserve as defined in the Indian Act (Canada), if so determined by the minister, and
(ii) Crown land, the timber on which is not otherwise encumbered, of not more than
(A) 800 ha if the Crown land is located in the Coast Forest Region, or
(B) 1 200 ha if the Crown land is not located in the Coast Forest Region,
(c) subject to the provisions of this Act, must give to its holder the exclusive right to harvest timber on the Crown land referred to in paragraph (b), for its term,
(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,
(ii) waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the woodlot licence, but, at the holder's discretion, is not cut and removed, and
(iii) a bonus, if any, in the amount tendered,
(f) must require its holder to submit for the approval of the minister, at the times specified by the minister, a management plan that meets all the following requirements:
(i) it is prepared in accordance with the requirements of the woodlot licence;
(ii) it includes inventories, prepared in the manner, presented in the format and meeting the specifications required under the woodlot licence, of the timber resources within the woodlot licence area;
(B) this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts, and
(C) any applicable objectives set by government;
(iv) it proposes management objectives, in accordance with the woodlot licence, regarding
(A) utilization of the timber resources in the woodlot licence area,
(B) protection and conservation of the non-timber values and resources in the woodlot licence area,
(C) forest fire prevention and suppression,
(D) forest health, including pest management,
(F) road construction, maintenance and deactivation;
(v) it includes proposals, in accordance with the woodlot licence, for meeting the proposed management objectives under subparagraph (iv), including measures to be taken and specifications to be followed by the holder of the woodlot licence;
(vi) it proposes an allowable annual cut for the woodlot licence area;
(vii) it includes any other inventories and information regarding the development, management and use of the woodlot licence area that the minister, in accordance with the woodlot licence, requires,
(f.1) if the licence 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,
(f.2) may require that the amount of timber on Crown land within the woodlot licence area that is available to the holder of the woodlot 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 woodlot licence, and
(g) may include other terms and conditions, consistent with this Act, the Forest and Range Practices Act, the Forest Practices Code of British Columbia Act, the Wildfire Act and any regulations or standards made under those Acts, determined by the minister.
(2) Despite subsection (1), the Crown land portion of a woodlot licence may exceed the limits specified in subsection (1) (b) (ii) (A) or (B) if
(a) the woodlot licence was entered into before January 1, 2003, and
(b) the excess Crown land was included in the woodlot licence as a result of mapping inaccuracies.
(3) A requirement described in subsection (1) (f.2) must not be included in the following:
(a) a woodlot licence entered into before the date this subsection comes into force, unless the holder of the woodlot licence agrees to include the requirement;
(b) a replacement for a woodlot licence under section 46 or 46.2, unless
(i) the woodlot licence that is replaced already includes the requirement, or
(ii) the holder of the woodlot licence that replaces a woodlot licence agrees to include the requirement.
45.1 For a woodlot licence 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 woodlot licence must be read as a reference to the volume of timber to be harvested from each woodlot licence area during each year or other period of the term of the woodlot licence as determined under section 8.
46 (0.1) In this section, "Acts" means this Act, the Forest and Range Practices Act and the Wildfire Act.
(1) Unless a woodlot licence provides that a replacement for the woodlot licence must not be offered, the minister, during the 6 month period following the ninth anniversary of an existing woodlot licence, must offer its holder a replacement for the woodlot licence.
(2) Despite subsection (1), if one or more of the following circumstances exists in relation to an existing woodlot licence, the minister may decline to offer a replacement for the woodlot licence until the circumstances cease to exist:
(a) rights under the woodlot licence, or under a cutting permit issued for the woodlot licence, are under suspension;
(b) the holder, or a related person of the holder, has not yet paid one or more of the following amounts and the due date for paying the amount has passed, regardless of whether payment arrangements satisfactory to the revenue minister have been made:
(i) stumpage or other amounts payable to the government in respect of timber harvested under the woodlot licence or a road permit associated with the woodlot licence;
(ii) an amount owing under an order made under Division 3 of Part 6 of the Forest and Range Practices Act against the holder or related person;
(c) the holder is not in compliance with a requirement under this Act or the Forest and Range Practices Act to provide security or a deposit in respect of
(ii) a cutting permit issued for the woodlot licence, or
(iii) a road permit associated with the woodlot licence;
(d) the holder is not in compliance with
(i) a requirement under the woodlot licence, a cutting permit issued for the woodlot licence or a road permit associated with the woodlot licence, or
(ii) a requirement under the Acts in respect of activities carried out under the cutting permit or road permit referred to in subparagraph (i).
(2.1) The minister may, in a circumstance referred to in subsection (2), offer a replacement with special conditions.
(3) A woodlot licence offered under this section must
(i) on the 10th anniversary of the existing woodlot licence, or
(ii) if the minister exercises the power conferred under subsection (2), on a date to be determined by the minister,
(i) the whole original term of the existing woodlot licence, or
(ii) if the minister exercises the power conferred under subsection (2), a period, not exceeding the original term of the existing woodlot licence, to be determined by the minister,
(c) describe as a woodlot licence area the area subject to the existing woodlot 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.
(5) Notice of an offer made under this section must be published in the prescribed manner.
(6) An offer made under this section
(b) may be accepted by written notice to a person designated by the minister not later than 3 months after the offer is served.
(7) If an offer made under this section is accepted
(a) a woodlot 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 woodlot licence, and
(b) the existing woodlot licence expires on the commencement of the replacement licence.
(8) If an offer made under this section is not accepted, the existing woodlot licence continues in force until its term expires, after which it has no further effect.
46.2 (1) Subject to this section, the minister, by a method or combination of methods under subsection (2), may replace 2 woodlot licences held by the same person with one of those woodlot licences held by that person or a new woodlot licence held by that person, if the minister first receives the consent of the holder of the licences.
(2) For the purposes of subsection (1), the methods are as follows:
(a) deleting all or part of the licence area from a woodlot licence and adding the deleted area to the licence area of another woodlot licence;
(b) cancelling a woodlot licence if all or part of the area covered by the licence has been added to the licence area in another woodlot licence;
(c) amending a woodlot licence;
(d) entering into a woodlot licence covering all or part of the same area as was covered in the licences being replaced;
(e) subject to subsection (3), specifying the allowable annual cuts that will apply to areas covered by the woodlot licences amended or entered into under this subsection.
(3) In making a replacement referred to in subsection (1), the minister must ensure that
(a) the allowable annual cut of the amended or new woodlot licence does not exceed the total of the allowable annual cuts of the replaced woodlot licences as they were immediately before the replacement, and
(b) after the replacement, the Crown land in the amended or new woodlot licence area does not exceed the limits set in section 45 (1) (b) (ii).
(4) A woodlot licence as described in paragraph (a.1) of the definition of "licence" in section 75.4 (1) may not be replaced under subsection (1) of this section except with a woodlot licence that is also a woodlot licence as described in paragraph (a.1) of the definition of "licence" in section 75.4 (1).
(5) A replaceable woodlot licence may not be replaced under subsection (1) except with a woodlot licence that is also replaceable.
(6) A woodlot licence that provides that a replacement for the woodlot licence must not be offered may not be replaced under subsection (1) except with a woodlot licence that also provides that a replacement for it must not be offered.
(7) Despite section 45 (1) (a), a woodlot licence that is amended or entered into under this section must not expire later than the earliest expiry date of the woodlot licence it replaces.
47.1 (1) In accordance with the regulations, if any, and with the consent of the holder of the woodlot licence, the minister may change the boundary or area of a woodlot licence.
(2) The discretion of the minister under subsection (1)
(a) is subject to section 45 (1) (b) (ii), and
(b) includes the discretion to change the boundary or area of the woodlot licence with the consent of its holder by
(i) adding private land owned or leased by the holder to the woodlot licence area, or
47.3 (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 forest licence, woodlot licence, forestry licence to cut or fibre supply licence to cut with
(a) 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,
(b) a person to mitigate the effects on that person of
(ii) a specification of a designated area under Part 13, or
(iii) an agreement between a first nation and the government respecting treaty-related measures, interim measures or economic measures, or
(c) the applicant of an eligible bioenergy application approved under section 13.1 (3), if the licence is a fibre supply licence to cut and, in the opinion of the minister, Crown timber is required for the purpose of
(i) achieving the commercial operation date as set out in the bioenergy supply contract associated with the application, or
(ii) supplying Crown timber to the power plant described in the bioenergy supply contract associated with the application until timber is obtained under the forest licence entered into under section 13.1 (4) or (4.2).
(3) After a licence 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 licence, do one or both of the following:
(i) the allowable annual cut or the maximum harvestable volume, or both, specified in the licence, if the licence is a forest licence,
(iii) the maximum harvestable volume, if the licence is a forestry licence to cut,
(iv) the area covered by the licence if the licence is a forestry licence to cut, or
(v) subject to section 45 (1) (b) (ii), the area covered by the licence if the licence is a woodlot licence;
(b) extend the term of the licence, if the licence is a forest licence, forestry licence to cut or fibre supply licence to cut.
(4) The extension of the term of a licence under subsection (3) (b) must not result in the total term of the licence exceeding
(a) 10 years, if the licence is a forestry licence to cut or fibre supply licence to cut, or
(b) 20 years, if the licence is a forest licence.
(5) Despite section 47.72 (1) (a), after a fibre supply licence to cut has been entered into under subsection (1) (c) of this section, the minister may, if it furthers the objectives set out in subsection (1) (c) (i) or (ii), and with the consent of the holder of the licence to cut, extend the term of that licence to cut.
(6) The extension under subsection (5) of the term of a fibre supply licence to cut must not result in the total term of the licence to cut exceeding 10 years.
Division 8.2 — Licences to Cut
47.4 (1) [Repealed 2008-20-17.]
(2) The minister may enter into
(a) an occupant licence to cut with an owner or occupier of land, authorizing the person to cut Crown timber on the land, remove Crown timber from the land or do both, or
(b) a master licence to cut with any person, authorizing the person to harvest timber in all or part of a forest district
(A) an energy resource activity under the Energy Resource Activities Act, or
(B) a road associated with an activity referred to in clause (A),
47.5 (1) An occupant licence to cut
(a) must require its holder, if it authorizes its holder to both cut and remove Crown timber, to pay to 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 occupant licence to cut, but, at the holder's discretion, is not cut and removed, and
(b) may include other terms and conditions that
(i) are determined by the minister, and
(ii) are consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts.
(a) must be for a term not exceeding 10 years,
(b) must require its holder to pay to 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 master licence to cut, but, at its holder's discretion, is not cut and removed, and
(d) may include other terms and conditions that
(i) are determined by the minister, and
(ii) are consistent with this Act and the Wildfire Act and with the applicable provisions of the Forest and Range Practices Act and the Energy Resource Activities Act.
47.6 (1) [Repealed 2008-20-18.]
(2) The minister may enter into a forestry licence to cut
(b) in which the volume of timber specified does not exceed 500 m3 and the timber, in the opinion of the regional manager or district manager, is to be harvested under controlled scientific or investigative conditions,
(b.1) specifying a volume of timber that does not exceed 50 m3,
(b.2) to authorize only the removal of Crown timber from Crown land or private land,
(c) if authorized to do so under another provision of this Act, or
(d) to authorize the harvesting of timber for prescribed purposes or in prescribed circumstances.
(2.11) The minister may enter into a forestry licence to cut if
(a) the forestry licence to cut authorizes its holder, in specified areas within the area or areas of Crown land identified in the forestry licence to cut, to do any of the following:
(ii) process felled Crown timber into chips or other products and remove those products, and
(b) the minister has received notification under section 79.1.
(3) The timber sales manager may enter into a forestry licence to cut with a person, authorizing the person to cut Crown timber on Crown land, remove Crown timber from Crown land or do both, if
(a) the person is contracted by the government to carry out an activity funded out of the BC Timber Sales Account, and
(b) the timber sales manager considers it desirable to
timber from the contract area in conjunction with the contract.
(4) The minister may enter into a forestry licence to cut if
(a) harvesting under the forestry licence to cut is restricted to timber that, in the opinion of the regional manager or district manager, is required to be cut and removed in order to reduce the spread of an insect infestation, and
(b) the harvesting of the timber is in conjunction with a competitively awarded forest health project that is consistent with a government approved bark beetle management strategy for the management unit in which the harvesting is to take place.
(4.1) The minister may enter into a forestry licence to cut with the applicant of an eligible bioenergy application approved under section 13.1 (3) on or after the date the application is approved if, in the opinion of the minister, Crown timber is required for the purpose of
(a) achieving the commercial operation date as set out in the bioenergy supply contract associated with the application, or
(b) supplying Crown timber to the power plant described in the bioenergy supply contract associated with the application until timber is obtained under the forest licence entered into under section 13.1 (4) or (4.2).
47.7 A forestry licence to cut
(a) must be for a term not exceeding 5 years,
(b) must describe one or more areas of land and identify for each area whether the holder may do one or more of the following:
(iv) process Crown timber and remove the processed timber,
(c) may specify a volume of timber that may be harvested from an area of land described in the forestry licence to cut,
(d) may specify that the forestry licence to cut is a major licence,
(e) may require the holder to obtain a cutting permit under Part 3.1 before harvesting Crown timber under the licence,
(f) must require its holder, if it authorizes its holder to remove Crown timber, to pay to 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 forestry licence to cut other than a forestry licence to cut issued under section 47.6 (2.11), but, at the holder's discretion, is not removed,
(g) 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 forestry licence to cut that the first nation comply with the agreement,
(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), 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 or timber sales manager.
47.71 (1) On request or on his or her own initiative the minister, by advertising in the prescribed manner, may invite applications for a fibre supply licence to cut.
(2) An application for a fibre supply licence to cut must
(a) be made to a person designated by the minister, and
(b) meet prescribed requirements.
(3) The minister must evaluate applications for a fibre supply licence to cut in accordance with prescribed requirements.
(4) After evaluating applications under subsection (3), the minister may
(a) approve an application, or
(b) decline to approve all applications.
(5) If an applicant whose application is approved under subsection (4) neglects or declines to enter into the fibre supply licence to cut, the minister may
(a) approve the next best application, or
(b) refuse to approve any of the applications.
(6) The minister must enter into a fibre supply licence to cut with every person whose application is approved under subsection (4) or (5).
47.72 (1) A fibre supply licence to cut
(a) must be for a term not exceeding 10 years,
(b) must require its holder to pay to the government, in addition to other amounts payable under this Act, stumpage under Part 7,
(c) must provide for fibre recovery permits to be issued by the district manager, or a forest officer authorized by the district manager, within the limits provided in the fibre supply licence to cut and subject to this Act and the Forest and Range Practices Act, to authorize its holder in specified areas within the area or areas of land identified in the fibre supply licence to cut to do any of the following:
(ii) process felled Crown timber into chips or other products and remove those products,
(d) may include provisions specifying one or more standard making bodies and requiring the holder of the fibre supply licence to cut to conduct its operations under the fibre supply licence to cut in accordance with principles, standards and criteria established by the standard making body or bodies,
(e) 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, and
(f) may include other terms and conditions that the minister considers necessary or desirable respecting operations under the fibre supply licence to cut as they relate to the holder of an agreement listed in section 12 who is required to provide notification in accordance with section 79.1.
(2) The district manager or the forest officer authorized by the district manager must not issue to the holder of a fibre supply licence to cut a fibre recovery permit for an area described in subsection (1) (c) unless the district manager has received notification in accordance with section 79.1 for the specified areas referred to in subsection (1) (c) that are to be subject to the fibre recovery permit from the holder of an agreement listed in section 12 who is required to provide notification in accordance with section 79.1.
(3) The district manager or the forest officer authorized by the district manager may refuse to issue to the holder of a fibre supply licence to cut a fibre recovery permit for an area described in subsection (1) (c) of this section on one or more of the grounds set out in section 81 (2).
47.73 (1) Subject to subsection (2) and for the purposes of paragraph (a) of the definition of "volume of timber harvested" in section 75.1 (1), the amount of timber that
(a) is merchantable Crown timber, and
(i) a forestry licence to cut entered into under section 47.6 (2.11), or
(ii) a fibre recovery permit issued under a fibre supply licence to cut
is deemed to be harvested under the agreement of the agreement holder who gave the notification in accordance with section 79.1.
(2) Subsection (1) does not apply if the amount of timber removed or harvested under the forestry licence to cut or removed under the fibre recovery permit has already been attributed to the agreement referred to in subsection (1) for the purposes of paragraph (a) of the definition of "volume of timber harvested" in section 75.1 (1).
Division 8.3 — Disposition of Timber Acquired under Forestry Revitalization Act or Subject to Waste Assessment
47.8 The minister may make available for disposition under
(a) Divisions 2 and 3 of Part 3,
(b) section 47.3 under a forest licence or forestry licence to cut, or
to persons other than the holder of a tree farm licence for all or part of a tree farm licence area, portions of the allowable annual cut available that is the subject of
(d) a reduction in allowable annual cut under section 2 (3) of the Forestry Revitalization Act, and
(e) an attribution made under section 3 (2) of that Act by an order of the minister.
47.9 Timber that is not harvested or removed under an agreement listed in section 12 and in respect of which a notification must be given in accordance with section 79.1 may be the subject of
(a) a forestry licence to cut entered into under section 47.6 (2.11), or
Division 9 — Free Use Permits for First Nations and Others
48 (1) A free use permit must be entered into only with
(a) an occupier of land who requires Crown timber for developing the land for agricultural purposes,
(a.1) a person who requires a Christmas tree for their personal use and not for sale to others,
(b) a person who requires firewood for their personal domestic purposes and not for sale to others,
(c) a board of education that requires firewood for school purposes,
(d) a person who requires Crown timber for the purpose of scientific investigation,
(e) an owner of a Crown grant of a mineral claim, authorizing the use of Crown timber on land described in the grant in a mining operation conducted on that land,
(f) a holder of a coal licence issued under the Coal Act, or a holder of a mineral title under the Mineral Tenure Act not in production authorizing the holder to cut timber,
(i) requires Crown timber for a traditional and cultural activity, within the meaning prescribed for the phrase "traditional and cultural activity", and
(ii) is not selling the timber to others, and
(h) a treaty first nation that has entered into an agreement with British Columbia, in accordance with its final agreement, for the harvesting of types of timber specified in the final agreement.
(2) Despite subsection (1), a free use permit must not be entered into with an applicant described in subsection (1) (a) to (f) and (h) if, on land the applicant owns or occupies, there is sufficient timber that is reasonably accessible for the purpose specified in the application.
(3) If a person who requires Crown timber under subsection (1) (g) wishes to harvest more than 50 m3 under the free use permit, the person must
(a) apply to a person designated by the minister, and
(b) include in the application the information required by the minister.
(4) Subsection (2) does not apply in relation to a treaty first nation referred to in subsection (1) (h) to the extent its application would be inconsistent with the final agreement or the agreement referred to in subsection (1) (h).
49 (1) The minister may enter into a free use permit with a person or treaty first nation qualified under section 48.
(a) must be for a term not exceeding
(i) 1 year, if the permit is entered into with an applicant described in section 48 (1), other than an applicant described in paragraph (e) or (f) of that section, and
(ii) 5 years, if the permit is entered into with an applicant described in section 48 (1) (e) or (f),
(b) must give to its holder the right to harvest Crown timber from an area of land for the purposes specified in it,
(c) subject to subsection (2.1), must be limited to a volume not exceeding 50 m3,
(d) despite Part 4, Division 4, may be suspended or cancelled, or both, without notice by the minister if its holder fails to comply with its terms and conditions, this Act or the regulations,
(e) must not require its holder to pay stumpage for the timber cut, or to pay rent, and
(f) may contain 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.
(2.1) The minister, in prescribed circumstances, may enter into a free use permit authorized under section 48 (1) (g) for a volume exceeding 50 m3.
(2.2) Despite subsection (2), a free use permit entered into with a treaty first nation
(a) must be for a term not exceeding 5 years,
(b) must give the treaty first nation the right to harvest
(i) the type of timber specified in the final agreement from an area of Crown land for the purposes specified in that final agreement, and
(ii) the amount of timber specified in the agreement referred to in section 48 (1) (h) for each year of the term,
(c) may contain terms and conditions, consistent with
(i) this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts,
(ii) the final agreement of the treaty first nation, and
(iii) the agreement referred to in section 48 (1) (h),
determined by the minister, and
(d) is subject to subsection (2) (d) and (e).
(3) The person or treaty first nation
(a) in respect of which a decision is made under subsection (2) or (2.2) (d), or
(b) in respect of which a decision is made under subsection (2) or (2.2) (d) relating to the free use permit to which the person or treaty first nation is a party,
may require a review of the decision by a person authorized by the minister and the decision of the authorized person is final and binding.
(4) Only sections 143 (2), 144 and 145 apply to a review under subsection (3).
49.1 (1) In this section and despite the definition of "area-based licence" in section 1 (1), "area-based licence" means a community forest agreement, a first nations woodland licence or a woodlot licence.
(2) With the consent of the holder of an area-based licence, the minister may enter into a free use permit authorizing the holder of the permit to harvest timber from Crown land within the area subject to the area-based licence.
(3) Despite sections 48 (1) and 49 (1), the minister may enter into a free use permit under this section only with an applicant described in section 48 (1) (a.1), (b), (c), (d), (g) or (h).
(4) Despite subsection (3), the minister must not enter into a free use permit with an applicant described in section 48 (1) (a.1), (b), (c), (d) or (h) if, on land the applicant owns or occupies, there is sufficient timber that is reasonably accessible for the purpose specified in the application.
(5) Section 49 (2) and (2.2) applies to a free use permit entered into under this section except that the minister may not, under section 49 (2.1), enter into a free use permit with an applicant described in section 48 (1) (g) for a volume exceeding 50 m3.
(6) Sections 48 (3) and 49 (3) and (4) do not apply in respect of a free use permit entered into under this section.
Division 9.1 — Christmas Tree Permits and Government Use
50 (1) The minister may enter into a Christmas tree permit that
(a) authorizes the permittee to harvest or grow and harvest Christmas trees on Crown land,
(b) requires the payment of the deposits and fees prescribed by the minister, and
(c) includes 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, as determined by the minister.
(2) For the purposes of this section, the minister may prescribe different deposits and different rates or amounts of fees.
52 (1) The minister or timber sales manager may, in writing, authorize
(a) employees acting in the course of their duties, and
(b) agents of the government acting in accordance with the terms of the agency
to harvest Crown timber or to use and occupy Crown land in a Provincial forest.
(2) An authorization under subsection (1)
(a) is an agreement under the Forest Act for the purposes of the definition of "forest practice" in the Forest and Range Practices Act, and
(b) may include terms and conditions that the minister or timber sales manager considers appropriate and that are consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts.
(3) If the minister or timber sales manager so specifies in the authorization, the Forest and Range Practices Act applies to the authorization as if the authorization were a forestry licence to cut.
Contents | Part 1 | Part 2 | Part 3 | Part 3.1 | Part 4 | Part 5 | Part 6 | Part 6.1 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 11.1 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19
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