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168 In this Part:
"agreement" means an agreement in the form of a licence, permit or agreement referred to in section 12;
"designated area" means an area of Crown land specified under section 169 (1).
169 (1) The Lieutenant Governor in Council, by regulation, may
(a) specify Crown land as a designated area, for a period set out in the regulation, if the Lieutenant Governor in Council believes it is in the public interest to specify the Crown land as a designated area, and
(b) repeal or amend a regulation under paragraph (a).
(2) The maximum period during which Crown land may continue as a designated area under regulations made under this section is 10 years, beginning on the day the Crown land first becomes a designated area.
170 (1) In this section, "issue" means issue, grant, enter into or approve.
(2) If a permit, licence or plan referred to in subsection (3) relates to all or part of a designated area, the minister, by written order, may
(a) suspend in whole or in part or vary the permit, licence or plan, or
(b) direct a person who, under this Act, the Forest and Range Practices Act or the Forest Practices Code of British Columbia Act, has a discretion to issue the permit, licence or plan
(i) to not issue the permit, licence or plan, or
(ii) in whole or in part, to issue the permit, licence or plan with terms and conditions, if any, that the person considers appropriate to take into account the relationship of the permit, licence or plan to the designated area.
(3) The following are the permits, licences or plans to which subsection (2) applies:
(b) a road permit or road use permit;
(h) the management plan for an area-based licence or pulpwood agreement;
(i) a plan required under an agreement;
(j) a plan relating to an agreement for the management, development or use of Crown land.
(4) If a permit, licence or plan is suspended or varied under subsection (2) (a) and the Crown land to which the suspension or variation relates ceases to be a designated area, the minister may, by order,
(a) restore the permit, licence or plan, in whole or in part, and
(b) extend the term of the permit, licence or plan, as that permit, licence or plan relates to the area that has ceased to be a designated area.
(4.1) The period of time by which the minister may extend the term of the permit, licence or plan under subsection (4) (b) must not exceed the period of time that remained on the term of the permit, licence or plan as at the effective date of the suspension or variation.
(5) If a person who, under this Act, the Forest and Range Practices Act or the Forest Practices Code of British Columbia Act, has a discretion to issue a permit, licence or plan, in this subsection called the "issuing authority",
(a) receives an application for the permit or licence or receives a plan submitted for approval, whether before, on or after the date of an order of the minister making a direction referred to in subsection (2) (b), and
(b) by reason only of the direction,
(i) does not issue the permit, licence or plan, or
(ii) in whole or in part, issues the permit, licence or plan as permitted under subsection (2) (b) (ii),
then, subject to subsection (6), after the Crown land to which the direction pertains ceases to be a designated area, or after an earlier date, if any, ordered in writing by the minister, the issuing authority must issue the permit, licence or plan, or, in the case of one previously issued as authorized under subsection (2) (b) (ii), must amend the permit, licence or plan to give effect as nearly as practicable to the original application or submission.
(6) The requirement in subsection (5) that a permit, licence or plan be issued, or amended to give effect as nearly as practicable to the original application or submission, is subject to the issuing authority
(a) continuing to have the discretion to carry out that requirement, and
(b) receiving confirmation from the applicant or from the person that submitted the plan that the applicant or person wishes to proceed.
(7) In issuing or amending a permit, licence or plan under subsection (5) the person who has the discretion may include terms and conditions that the person with the discretion considers necessary or desirable in the circumstances.
(8) The minister, by written order, may vary a variance, suspension or direction made under subsection (2).
(9) The minister must serve a copy of an order made under subsection (2), (4), (5) or (8) on the holder of
to which the order relates, but the order is not invalid only because it is not served.
(10) A suspension referred to in this section is not a suspension for the purposes of sections 13.1 (4.1) (c) (i), 15 (2) (a), 36 (2) (a), 46 (2) (a), 52.10 (2) (b), 58.1 (3) (b) and 81 (2) (c) (i) and (3) (c).
171 (1) The minister, by written order, may attach conditions to an agreement or to a special use permit if the agreement or special use permit relates to all or part of a designated area.
(2) A condition under subsection (1) expires when the Crown land it relates to ceases to be a designated area or on an earlier expiry date, if any, ordered in writing by the minister.
(3) The minister, by written order, may vary a condition made under this section.
(4) The minister must serve a copy of an order made under this section on the holder of the agreement or special use permit affected by the order, but the order is not invalid only because it is not served.
172 (1) If a permit, licence or plan is varied under section 170, the failure of the holder of, or party to, the permit, licence or plan to comply with the variance is grounds for a suspension under section 76 of rights under the agreement to which the permit, licence or plan relates.
(2) If under section 171 a condition is attached to an agreement, the failure of the holder of the agreement to comply with the condition is grounds for a suspension under section 76 of rights under the agreement.
(3) If a special use permit is varied under section 170 or has a condition attached to it under section 171,
(a) the failure of the holder of the permit to comply with the variance or condition is grounds for
(i) suspending rights under the permit, or
(ii) cancelling the permit, and
(b) sections 76, 76.1 and 77, other than section 77 (5), apply to the suspension or cancellation.
173 (1) [Repealed 2021-38-59.]
(2) The chief forester, by written order, may reduce the allowable annual cut of
if all or part of the area is a designated area.
(2.1) An allowable annual cut reduction under subsection (2)
(a) for the designated area to which it relates, may be made effective on or after the date the designated area is specified under section 169 (1), and
(b) may specify that portions of the reduction are attributable to different types of timber and terrain in different parts of Crown land within the designated area.
(3) If the allowable annual cut of a timber supply area is reduced under subsection (2), the minister may distribute all or part of the reduction among the forest licences in the timber supply area in accordance with section 63 (2) and, for this purpose, section 63 (4) applies.
(3.1) An allowable annual cut reduction under subsection (3) may be made effective on or after the date on which the chief forester's order to which it relates is made or is made effective.
(4) and (5) [Repealed 2021-38-59.]
(6) The minister, by written order, may reduce the allowable annual cut authorized for a community forest agreement area, first nations woodland licence area or woodlot licence area if all or part of the area is a designated area.
(6.1) An allowable annual cut reduction under subsection (6), for the designated area to which it relates, may be made effective on or after the date the designated area is specified under section 169 (1).
(7) If the chief forester or minister makes an order under subsection (2), (3) or (6) that affects a timber supply area, a forest licence or the licence area of an area-based licence and, after the order is made, a determination or reduction is made under section 8 or 63 that establishes a new allowable annual cut for the timber supply area, forest licence or licence area of the area-based licence, the chief forester or minister, as the case may be, may issue a new order under subsection (2), (3) or (6) that affects the area or licence.
(8) The chief forester or minister, as the case may be, must serve a copy of an order made under this section on the holder of an agreement to which the order relates, but the order is not invalid only because it is not served.
(9) An order under subsection (2), (3), (6) or (7) expires when the Crown land it relates to ceases to be a designated area.
(10) After an order expires under subsection (9), the allowable annual cut for the timber supply area, forest licence or licence area of the area-based licence that was affected by the order is the allowable annual cut that was in effect immediately before the last order made under this section less any reductions made under this Act or the licence, other than reductions made under this section, during the period that the order was in effect.
173.1 (1) Neither a reduction in allowable annual cut under section 173 (2), nor a restoration of an allowable annual cut under section 173 (10), constitutes a determination of an allowable annual cut for the purposes of the time limits set out in section 8 (1) and (2).
(2) Section 8 does not apply to a reduction of an allowable annual cut under section 173.
(3) If an allowable annual cut of a timber supply area or tree farm licence area is reduced under section 173, the chief forester is not required to make an allowable annual cut determination under section 8 (1) in respect of those areas at the times set out in section 8 (1) or (2) (c) or (d), but must make that determination within 2 years after the designated area to which the reduction applies ceases to be a designated area.
174 If an order made in accordance with this Part conflicts or is inconsistent with
(a) this Act, the Forest and Range Practices Act, the Forest Practices Code of British Columbia Act, the Wildfire Act or any regulations or standards made under those Acts,
(c) a permit, licence or plan listed in section 170 (3),
the order prevails.
175.1 During and in respect of the first 4-year period in which Crown land continues as a designated area, no compensation or damages is payable by the government to the holder of any agreement because of or arising out of the designated land status of all or any part of the Crown land to which the agreement relates.
"agreement" does not include a cutting permit;
"compensable period", in relation to Crown land that is specified as a designated area, means the period that
(a) starts 4 years after the date the Crown land becomes a designated area, and
(b) ends when the Crown land ceases to be a designated area;
"established practices" has the same meaning as in section 226;
"net income" has the same meaning as in section 226.
(2) The holder of an agreement is entitled to compensation if
(a) an area of Crown land that is specified as a designated area continues as a designated area for more than 4 years, and
(b) the allowable annual cut of the agreement is reduced under section 173.
(3) Subject to the adjustments under subsection (4), the compensation to which the holder of an agreement is entitled under this section is an amount determined by the minister based on the net income that would have been earned on the sale of harvested timber if, during each year of the compensable period,
(a) the volume of the harvested timber had been equal to the amount by which the allowable annual cut of the agreement is reduced under section 173,
(b) the timber had been harvested from the harvest profile that supports the allowable annual cut of the agreement, as specified by the chief forester for the purposes of this section, and
(c) the timber had been harvested and sold in accordance with established practices.
(4) After determining the net income amount under subsection (3), the minister must
(a) adjust the compensation, in accordance with the regulations, to reflect the amount of income tax that would be payable, and
(b) make other adjustments that may be required by regulation.
175.3 The amount of compensation payable under section 175.2 to the holder of an agreement affected by the specification of a designated area must be reduced by any financial benefit or other benefit received by that holder from the government arising out of the specification.
175.4 (1) In this section, "compensation" includes damages.
(2) The compensation payable to the holder of an agreement because of or arising out of
(a) the specification of a designated area,
(b) an order made under this Part, or
(c) either of the things specified in paragraphs (a) or (b) in combination with the other
is limited to the amount of compensation determined in relation to that agreement under sections 175.2 and 175.3.
(3) No action lies and an action or other proceeding must not be brought or continued against the government for compensation in an amount that exceeds the amount limited under this section.
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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