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This Act is current to July 14, 2024
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Forest Act

[RSBC 1996] CHAPTER 157

Part 19 — Transitional Provisions for the Forest Amendment Act, 2021

Definitions for Part 19

280   In this Part:

"deletion order" means an order under either of the following sections, as the section reads immediately before its repeal by the Forest Amendment Act, 2021:

(a) section 60.2 [other deletions of Crown land — tree farm licences];

(b) section 60.3 [other deletions of Crown land — community forest agreements, first nations woodland licences, woodlot licences and timber licences];

"deletion period" has the same meaning as in section 226 [definitions for Part 16];

"reduction order" means an order under section 60.4 [reductions in allowable annual cut under forest licences and timber sale licences], as that section reads immediately before its repeal by the Forest Amendment Act, 2021.

Previous deletions to area-based licences

281   (1) For the purposes of determining the compensation to which the holder of an area-based licence is entitled under section 231 [compensation for area-based licence for deletion for access purpose], the previous deletions referred to in subsection (1) (b) of that section include deletions made, during the deletion period for the area-based licence, under deletion orders made for an access purpose.

(2) For the purposes of determining the compensation to which the holder of an area-based licence is entitled under section 232 [compensation for area-based licence for deletion for non-timber production purpose], the previous deletions referred to in subsection (1) (b) of that section include deletions made, during the deletion period for the area-based licence, under deletion orders made for another purpose.

Previous deletions to non-TFL timber licences

282   (1) For the purposes of determining the compensation to which the holder of a non-TFL timber licence is entitled under section 234 [compensation for non-TFL timber licence for deletion for access purpose], the previous deletions referred to in subsection (1) (b) of that section include deletions made, during the term of the non-TFL timber licence, under deletion orders made for an access purpose.

(2) For the purposes of determining the compensation to which the holder of a non-TFL timber licence is entitled under section 235 [compensation for non-TFL timber licence for deletion for non-timber production purpose], the previous deletions referred to in subsection (1) (b) of that section include deletions made, during the term of the non-TFL timber licence, under deletion orders made for another purpose.

Previous deletions to timber licences in tree farm licence areas

283   (1) If the licence area of a timber licence is in a tree farm licence area, then, for the purposes of determining the compensation to which the holder of the tree farm licence is entitled under section 231 [compensation for area-based licences for deletion for access purpose], the previous deletions referred to in subsection (1) (b) of that section include deletions made, during the deletion period for the tree farm licence, under deletion orders that

(a) are made for an access purpose, and

(b) delete Crown land from the licence area of the timber licence.

(2) If the licence area of a timber licence is in a tree farm licence area, then, for the purposes of determining the compensation to which the holder of the tree farm licence is entitled under section 232 [compensation for area-based licence for deletion for non-timber production purpose], the previous deletions referred to in subsection (1) (b) of that section include deletions made, during the deletion period for the tree farm licence, under deletion orders that

(a) are made for another purpose, and

(b) delete Crown land from the licence area of the timber licence.

Previous reductions to forest licences

284   (1) For the purposes of determining the compensation to which the holder of a forest licence is entitled under section 238 [compensation for forest licence for reductions for access purpose], the previous reductions referred to in subsection (1) (b) of that section include reductions made, during the deletion period for the forest licence, under reduction orders made for an access purpose.

(2) For the purposes of determining the compensation to which the holder of a forest licence is entitled under section 239 [compensation for forest licence for reduction for non-timber production purpose], the previous reductions referred to in subsection (1) (b) of that section include reductions made, during the deletion period for the forest licence, under reduction orders made for another purpose.

Entitlement to compensation under former compensation provisions

285   (1) In this section:

"former Act" means this Act, as it reads immediately before July 15, 2023;

"former compensation provision" means any of the following provisions of the former Act:

(a) section 60.6 [compensation in respect of tree farm licence areas];

(b) section 60.7 [compensation in respect of community forest agreement, first nations woodland licence and woodlot licence areas];

(c) section 60.8 [compensation in respect of timber licences];

(d) section 60.9 [compensation in respect of forest licences or timber sale licences];

(e) section 60.92 [compensation for improvements].

(2) If, immediately before July 15, 2023, the holder of a licence or agreement is entitled to compensation under a former compensation provision but the compensation has not yet been provided, the former Act applies in relation to and for the purposes of determining and providing the compensation to which the holder is entitled.

(3) This section applies despite the amendments made to this Act by the Forest Amendment Act, 2021.

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