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Forest Act

[RSBC 1996] CHAPTER 157

Part 1 — Definitions and Interpretation
1Definitions and interpretation
Part 2 — Classification and Management of Forests and Forest Land and Regulation of Cutting Rates
5Provincial forests
6Wilderness areas
7Timber supply areas
8Allowable annual cut
8.1Adjusting the allowable annual cut
9Plans, studies, analyses and information
10Apportioning cut
Part 3 — Disposition of Timber by the Government
Division 1 — Forms of Rights to Crown Timber
11Rights to Crown timber
12Form of agreements
Division 2 — Forest Licences
13.1Direct award of forest licence to produce bioenergy
13.2Designation of bioenergy supply contracts and specification of allowable annual cut
14Content of forest licence
14.1Mountain pine beetle salvage area
14.2Supplemental forest licence
15.1Transition for forest licence replacement
16Surrender of tree farm licence
18Transfer to other timber supply area
19Consolidation and subdivision of forest licences
Division 3 — Timber Sale Licences
22Content of timber sale licence
22.1Exemption from requirement to pay bonus offer
22.2BCTS disposition agreements
22.3Volume harvested under BCTS licence deemed to be harvested under non-BCTS licence for cut control purposes
Division 3.1 — Conversion of Timber Sale Licences
24.2Conversion of timber sale licence to forest licence
24.3Addition of timber sale licence allowable annual cut to forest licence
24.4Addition of timber sale licence allowable annual cut to forest licence on application
24.5Addition of timber sale licence to woodlot licence
24.6Surrender of timber sale licence for forest licence
24.7Surrender of timber sale licence for woodlot licence
24.8Surrender of timber sale licence for forestry licence to cut
24.9Conversion of timber sale licence to forestry licence to cut
24.91No compensation
Division 4 — Forest Licence Area Restriction
25Permanent transfer to adjacent timber supply area
26Minister may impose area restrictions
Division 5 — Timber Licences
27Rights in tree farm licences
28Rights not in tree farm licence
29One timber licence
29.1Consolidation of timber licences
30Content of timber licence
31Extension of term of timber licence
32Non-timber use
Division 6 — Tree Farm Licences
35Content of tree farm licence
35.2Management plan for tree farm licence
36.1Transition for tree farm licence replacement
37Private tenure
38Private land
39Consolidation and subdivision of tree farm licences
39.1Change in boundary or area
Division 7 — Pulpwood Agreements
41Content of pulpwood agreement
43Consolidation and subdivision of pulpwood agreements
Division 7.1 — Community Forest Agreements
43.2Applications for community forest agreements
43.3Content of community forest agreement
43.4Replacement of community forest agreements
43.41Transition for community forest pilot agreements and probationary community forest agreements
43.51Direct award of community forest agreements
43.52Change in area or boundary
43.53Transition for community forest agreement allowable annual cut
Division 7.11 — First Nations Woodland Licences
43.54Award of first nations woodland licence
43.55Content of first nations woodland licence
43.56Replacement of first nations woodland licences
43.57Change in area or boundary
Division 7.2 — Community Salvage Licences
43.8Content of community salvage licence
Division 8 — Woodlot Licences
45Content of woodlot licence
45.1Transition for woodlot licence allowable annual cut
46.2Consolidation of woodlot licences
47.1Change in area or boundary
Division 8.1 — Direct Awards
47.3Direct award of specified licences
Division 8.2 — Licences to Cut
47.4Licence to cut for persons occupying land or for oil and gas purposes
47.5Content of occupant and master licences to cut
47.6Forestry licence to cut
47.7Content of forestry licence to cut
47.71Applications for fibre supply licence to cut
47.72Content of a fibre supply licence to cut
47.73Volume deemed to be harvested under licence for cut control purposes
Division 8.3 — Disposition of Timber Acquired under Forestry Revitalization Act or Subject to Waste Assessment
47.8Disposition of timber in a tree farm licence
47.9Disposition of timber not harvested or removed under an agreement
Division 9 — Free Use Permits for First Nations and Others
48Free use permit
49Issuance and content of free use permit
49.1Free use permit in area subject to area-based licence
Division 9.1 — Christmas Tree Permits and Government Use
50Christmas tree permit
52Use by government employees and agents
Part 4 — General Tenure Provisions
Division 1 — Interpretation
53Interpretation and application
Division 2 — Transfer and Exchange
54Transfer of agreements permitted
54.1Transfer requirements
54.2Confirmation of completion of disposition and effect of completion
54.3Transfers exempt from certain requirements
54.4Transfer of certain agreements not permitted
54.5Change in control of a corporation that is the holder of an agreement
54.6Effect of disposition on obligations
54.7Disposition of private land subject to tree farm licence or woodlot licence
57Exchanges of rights
Division 3 — Extensions, Increases, Deletions and Reductions
58Extension of term of non-replaceable forest licences 
58.1Extension of timber sale licences and cutting permits
58.2Transition for extension
58.21Postponement of operation of cutting permits
58.3Surrender of BC timber sales agreement
59Increase of allowable annual cut
59.1Innovative forestry practices
60Deletions, not affecting allowable annual cut, of Crown land from tree farm licences
60.01Other deletions, not affecting allowable annual cut, of Crown land
60.1Definitions for sections 60.2 to 60.91
60.2Other deletions of Crown land - tree farm licences
60.3Other deletions of Crown land - community forest agreements, first nations woodland licences, woodlot licences and timber licences
60.4Reductions in allowable annual cut under forest licences and timber sale licences
60.5Notice of an order under sections 60, 60.01 or 60.2 to 60.4
60.501Deletions under the Park Act
60.51Deemed amendment to affected agreements
60.6Compensation in respect of tree farm licence areas
60.7Compensation in respect of community forest agreement, first nations woodland licence and woodlot licence areas
60.8Compensation in respect of timber licences
60.9Compensation in respect of forest licences or timber sale licences
60.91Access purpose deletions or reductions unrelated to those for another purpose
60.92Compensation for improvements
60.93Arbitration Act applies
60.94Compensation may take form of agreement
60.95Set-off for benefits previously received
61Temporary reductions
62Return of surrendered harvesting rights
63Proportionate reduction
63.1Proportionate reduction if section 59.1 applies
63.2Date of increase or reduction in allowable annual cut and prorating
68Increase: disposition or deletion
69Reduction by chief forester of allowable annual cut
70Reductions in allowable annual cut
72Removal of dead or damaged timber
73Removal of dead or damaged timber from a timber supply area
74Timber cruise
75Compatible use
Division 3.01 — Allowable Annual Cut Partition
75.02Partition order
75.03Increase or waiver of harvested volume limit in order
75.04Consolidation, subdivision or replacement of licences subject to an order
75.05Penalty for non-compliance with minister's order
75.06Relief from penalty
75.07Regulation making powers
Division 3.1 — Cut Control
75.11Exception for licences that define "volume of timber harvested"
75.12Bonus bid equalization payment for attributed timber volumes
75.2Limit on total cut for licences with a term of 5 years or less
75.21Limit on total cut for forestry licence to cut and community salvage licence
75.22Cut control period for short term licences that are extended
75.3Reconciliation of cut control for short term licences
75.4Cut control period for major licences
75.41Cut control limit for major licences
75.5Cut control period for other licences
75.51Cut control limit for other licences
75.6Reconciliation of cut control for major and other licences
75.61Reconciliation of cut control for woodlot licences
75.7Carry forward of excess harvest volume
75.8No carry forward of unharvested volume
75.9Exemption from cut control limits
75.91Penalty for exceeding cut control limits
75.93Transitional - cut control
75.94Transitional - carry forward
75.95Transitional - volume of timber harvested
75.96Transitional - woodlot licence cut control and carry forward
Division 4 — Suspension and Cancellation
76Suspension of rights
78BC timber sales - disqualification, suspension and cancellation
78.1BC timber sales - minister's powers of suspension and cancellation
79Continuing liability
Division 4.1 — Miscellaneous
79.1Order respecting notice
80When compensation is not payable
80.01Limit on compensation
80.1Relief from liability for appurtenancy and processing requirements
80.2Forestry Revitalization Act
Division 5 — Eligibility of Applicants
81.1Refusal of cutting permit or road permit
Part 5 — Timber Marking
82Timber marking: interpretation
83Timber mark duration
84Timber marks
86Scaled timber brands
88Marine log brand
89Marking with marine log brand
Part 6 — Timber Scaling
93Timber scaling: interpretation
93.1Misrepresentation prohibited
94Timber to be scaled
94.1Scaling of special forest products
95Scale site authorization
97Scale return
98Scaling charges, costs and expenses
99Second scale and second check scale
102Suspension and cancellation
Part 7 — Payments to the Government
103Amount of stumpage
103.1Assessments for merchantable Crown timber that is not cut and removed
104Stumpage rate for timber licence
105Stumpage rate determined
105.1Complete and accurate information
105.2Redetermination of stumpage rate at direction of minister
105.3Small scale salvage costs portion to be paid into special account
106Cruise instead of scale
107More than one rate
108Rate on unscaled or incorrectly scaled timber
109BC Timber Sales Account
111Annual rent
112Calculation of annual rent
112.1Annual rent for council
113Timber cruise
Part 8 — Roads and Rights of Way
115Road permits and road use permits for timber harvesting
116Right to harvest Crown timber
117Road use permits for industrial use
118Road permit content
119Road use permit content
121Road and trail construction
Part 9 — Marine Log Salvage
122Log salvage district
123Receiving station licence
124Log salvage permit
125Disposal and acquisition of salvaged logs
126Area closure
Part 10 — Manufacture in British Columbia
127Crown timber to be used in British Columbia
127.1Attempt to export timber or wood residue
129Exemption conditions and permit
Part 11 — Recovery of Money, Miscellaneous
Division 1 — Recovery of Money
130.1Limitation period
131Person acquiring or dealing in timber responsible for payment
132Removal permit
133Powers cumulative
Division 2 — Miscellaneous
136Records and returns
137Entry on land
140How notice or document may be served
141Extension of time
142Personal liability
Part 11.1 — Inspections, Audits and Assessments
Division 1 — Interpretation and Application
142.1Definitions and application
Division 2 — Inspection and Collection of Information
142.2Entry on land or premises
142.3Retention of records
142.31Delivery of records
142.4Obligation of a forest revenue official
142.41Obligation of person on request of forest revenue official
142.42Penalty for failure to provide information
142.43Order for compliance
Division 3 — Assessment of Stumpage and Imposition of Penalty and Interest
142.51Assessment of estimated stumpage and interest
142.6Period to be considered in making an assessment
142.7Payment of assessed amount of stumpage
142.71Notice of assessment
142.8Serving a notice of assessment
142.81Proof and onus
Division 4 — Appeals of Assessments
142.9Appeal to revenue minister
142.91Appeal to court
142.92Affect of pending appeals
142.921Part 12 does not apply
Division 5 — General
Part 12 — Reviews, Appeals, Regulations, Penalties
Division 1 — Reviews
143Determination that may be reviewed
144Request for review
145Powers on review
Division 2 — Appeals
146Determinations that may be appealed
146.1Part 8.1 of Forest and Range Practices Act applies
147Parties to appeal
148.1 to 148.6Repealed
149Powers of commission
149.2Order for compliance
Division 2.1 — Appeals of Contraventions
150.1Forest and Range Practices Act applies to contravention appeals
Division 3 — Regulations
151.01Criteria for exercise of discretionary powers
151.1Regulation making power to establish forest districts
151.3Area-based allowable annual cut
151.4Adapting cut control under this Act for the Forestry Revitalization Act
151.5Adapting cut control for provisions respecting conversion of timber sale licences
151.51Adapting cut control for provisions respecting first nations woodland licences
151.6Regulation making power for fibre supply and forestry licence to cut
151.7Regulation making power for first nations woodland licences
152Interpretation for sections 152 to 162
153Requirement for written contracts and subcontracts
154Assignability of contracts and subcontracts
155Mediation and arbitration under contracts and subcontracts
156Register of Timber Harvesting Contract Mediators and Arbitrators
157Requirements for replaceable contracts and subcontracts
157.1Agreement to make a replaceable contract or subcontract non-replaceable
157.2Waiver by licensees, contractors and subcontractors of certain rights under regulations
158Special provision for certain expired contracts
159Applicability of certain prescribed provisions to existing contracts and subcontracts
160Non-compliance with prescribed requirements for contracts and subcontracts
161Included regulatory powers for sections 152 to 161
162No compensation
Division 4 — Offences and Penalties
163.1Interference, non-compliance and misleading
164Part 3 offence
164.1Cancellation and disqualification
165.1Prohibition against restricting competition in sale or purchase of logs
165.2Remedies preserved
166Officers of corporation
167.1Defences to a prosecution
167.2Section 5 of the Offence Act
167.3Part 6 of the Forest and Range Practices Act applies
Part 13 — Designated Areas
169Specifying Crown land as a designated area
170What is the effect of specifying a designated area?
172Suspension and cancellation
173Allowable annual cut and allowable harvest in a designated area
173.1Effect of reduction on annual allowable cut determination
174Order prevails
175Hearing not required
175.1No compensation during first 4 years of designation
175.2Compensation for 5th and subsequent years of designation
175.3Set-off for benefits previously received
175.4Limit on compensation
Part 14 — Nisga'a Final Agreement Implementation
178Award of licences