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This Act has "Not in Force" sections. See the Table of Legislative Changes.

Forest Act

[RSBC 1996] CHAPTER 157

Part 3 — Disposition of Timber by the Government

Division 1 — Forms of Rights to Crown Timber

Rights to Crown timber

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

Form of agreements

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

(a) forest licence,

(b) [Repealed 2004-36-4.]

(c) timber licence,

(d) tree farm licence,

(e) community forest agreement,

(e.1) first nations woodland licence,

(f) community salvage licence,

(g) woodlot licence,

(h) licence to cut,

(i) free use permit,

(j) Christmas tree permit, or

(k) road permit.

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

(a) timber sale licence,

(b) forestry licence to cut, or

(c) road permit.

Division 2 — Forest Licences

Applications

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

(a) is made by an applicant

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

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

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

(b) conforms to subsection (3), and

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

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

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

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

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

(3) An application for a forest licence must

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

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

(i) stumpage under Part 7,

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

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

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

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

(ii) perform specified obligations

(A) under the licence, or

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

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

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

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

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

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

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

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

Direct award of forest licence to produce bioenergy

13.1  (1) [Repealed 2011-18-2.]

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

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

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

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

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

(ii) perform specified obligations

(A) under the licence, or

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

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

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

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

(b) if

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

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

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

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

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

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

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

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

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

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

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

Designation of bioenergy supply contracts and specification of allowable annual cut

13.2  For the purposes of section 13.1, the minister may

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

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

Content of forest licence

14  (1) A forest licence

(a) must be for a term not exceeding 20 years, subject to sections 15, 16 and 58,

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

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

(i) a portion of a timber supply area;

(ii) a type of timber;

(iii) a type of terrain,

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

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

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

(i) stumpage under Part 7,

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

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

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

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

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

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

Mountain pine beetle salvage area

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

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

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

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

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

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

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

(A) at a rate of reforestation, and

(B) over a period

specified in the licence,

(b) specify one or more of the following:

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

(ii) the form and content of the security;

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

(iv) respecting the distribution of the realized security,

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

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

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

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

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

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

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

Supplemental forest licence

14.2  (1) In this section:

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

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

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

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

Replacement

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) the suspension is rescinded,

(ii) the suspended rights are reinstated, or

(iii) the holder of the existing forest licence

(A) pays the stumpage or other money payable,

(B) provides the required security or deposit,

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

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

(d) may offer a replacement with special conditions.

(3) A forest licence offered under this section must

(a) have a term beginning

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

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

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

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

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

(b) be for a term equal to

(i) 15 years, or

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

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

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

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

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

(5) An offer made under this section may be

(a) amended, and

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

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

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

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

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

(8) No forest licence is renewable.

Transition for forest licence replacement

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

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

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

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

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

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

(b) was made within this 18 month period,

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

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

Surrender of tree farm licence

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

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

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

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

(a) for a term of 15 years,

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

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

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

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

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

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

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

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

Repealed

17  [Repealed 2003-31-9.]

Transfer to other timber supply area

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

Consolidation and subdivision of forest licences

19  (1) [Repealed 2009-8-2.]

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

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

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

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

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

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

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

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

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

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

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

(b) amending or cancelling a forest licence;

(c) entering into one or more forest licences.

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

(7) A forest licence as described

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

(b) in section 75.5

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

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

(d) in section 75.5.

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

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

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

Division 3 — Timber Sale Licences

Applications

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

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

(b) conforms to subsection (3), and

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

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

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

(b) in doing so,

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

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

(3) An application for a timber sale licence must

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

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

(i) stumpage under Part 7,

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

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

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

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

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

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

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

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

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

Repealed

21  [Repealed 2003-31-12.]

Content of timber sale licence

22  A timber sale licence

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

(b) must describe

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

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

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

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

(e) may include provisions

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

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

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

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

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

(i) stumpage under Part 7,

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

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

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

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

Exemption from requirement to pay bonus offer

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

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

BCTS disposition agreements

22.2  (1) In this section and section 22.3:

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

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

"BCTS licence" means

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

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

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

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

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

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

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

(4) A BCTS disposition agreement

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

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

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

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

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

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

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

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

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

(b) section 47.9, 49.1, 61, 72, 73, 75.8, 115, 116, 117 or 118.

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

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

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

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

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

Repealed

23–24  [Repealed 2003-31-14.]

Division 3.1 — Conversion of Timber Sale Licences

Interpretation

24.1  In this Division, "pre-existing licence" means a timber sale licence that

(a) was entered into under section 24 of this Act before that section's repeal by the Forest (Revitalization) Amendment Act (No. 2), 2003, and

(b) is still in effect immediately before that repeal.

Conversion of timber sale licence to forest licence

24.2  On the coming into force of this section, a pre-existing licence that has an allowable annual cut greater than 10 000 m3 is converted into a replaceable forest licence that

(a) is held by the same person who was the holder of the pre-existing licence,

(b) has a term of 15 years beginning on the date this section comes into force,

(c) specifies the same timber supply area as did the pre-existing licence, and

(d) includes other terms and conditions that are substantially the same as in the pre-existing licence.

Addition of timber sale licence allowable annual cut to forest licence

24.3  (1) In this section, "replaceable forest licence" includes one resulting from the conversion under section 24.2 of a pre-existing licence.

(2) If, on the coming into force of this section, a person

(a) holds any replaceable forest licence and one or more pre-existing licences, and

(b) the pre-existing licence or each of them, if more than one, has an allowable annual cut of 10 000 m3 or less and authorizes harvesting within the same timber supply area specified in the replaceable forest licence,

the replaceable forest licence is amended, effective on the date this section comes into force, by increasing its allowable annual cut by an amount equal to

(c) the allowable annual cut of the pre-existing licence described in paragraph (b), if the person holds only one such pre-existing licence, or

(d) the total of the allowable annual cuts of the pre-existing licences described in paragraph (b), if the person holds more than one such pre-existing licence.

(3) A pre-existing licence to which subsection (2) applies is deemed to have been surrendered on the coming into force of this section.

Addition of timber sale licence allowable annual cut to forest licence on application

24.4  (1) In this section, "forest licence" includes one resulting from the conversion under section 24.2 of a pre-existing licence.

(2) If, after the coming into force of this section, a person

(a) holds any non-replaceable forest licence and one or more pre-existing licences,

(b) does not hold any replaceable forest licence in the timber supply area specified in the non-replaceable forest licence, and

(c) the pre-existing licence or each of them, if more than one, authorize harvesting within the same timber supply area specified in the non-replaceable forest licence,

the non-replaceable forest licence, on application by its holder within one year after the coming into force of this section, must be amended by the minister by increasing its allowable annual cut by an amount equal to

(d) the allowable annual cut of the pre-existing licence referred to in paragraph (c), if the person holds only one such pre-existing licence, or

(e) the total of the allowable annual cuts of the pre-existing licences referred to in paragraph (c), if the person holds more than one such pre-existing licence.

(3) If, after the coming into force of this section, a person

(a) holds a forest licence and one or more pre-existing licences,

(b) the pre-existing licence or each of them, if more than one, authorizes harvesting within a different timber supply area than the one specified in forest licence, and

(c) the minister determines that there is sufficient timber available in the timber supply area specified in the forest licence,

the forest licence, on application by its holder within one year after the coming into force of this section, must be amended by the minister by increasing its allowable annual cut by an amount equal to

(d) the allowable annual cut of the pre-existing licence described in paragraph (b), if the person holds only one such pre-existing licence, or

(e) the total of the allowable annual cuts of the pre-existing licences described in paragraph (b), if the person holds more than one such pre-existing licence.

(4) A pre-existing licence to which subsection (2) or (3) applies is deemed to have been surrendered on the date of the allowable annual cut increase under subsection (2) or (3).

Addition of timber sale licence to woodlot licence

24.5  (1) If, after the coming into force of this section,

(a) a person holds

(i) one or more pre-existing licences, and

(ii) a woodlot licence, and

(b) the minister determines that there is available Crown land that can reasonably be included in the woodlot licence area,

the woodlot licence, on application by its holder within one year after the coming into force of this section, must be amended by the minister by adding to its area a part of the available Crown land referred to in paragraph (b) that is sufficient to increase the allowable annual cut of the woodlot licence by an amount that is equal to at least 80% but not more than 120% of

(c) the allowable annual cut of the pre-existing licence referred to in paragraph (a), if the person holds only one such pre-existing licence, or

(d) the total of the allowable annual cuts of the pre-existing licences referred to in paragraph (a), if the person holds more than one such pre-existing licence.

(2) A pre-existing licence to which subsection (1) applies is deemed to have been surrendered on the date of the allowable annual cut increase under subsection (1).

(3) Section 45 (1) (b) (ii) does not apply to a woodlot licence amended under subsection (1) of this section.

Surrender of timber sale licence for forest licence

24.6  (1) In this section, "pre-existing licence", in relation to the holder of it, includes that holder's other pre-existing licences, if any, that pertain to the same timber supply area.

(2) If, after the coming into force of this section, a person

(a) holds a pre-existing licence that has an allowable annual cut of 2 000 m3 or more, and

(b) the minister receives an application from the holder within one year after this section comes into force to surrender the pre-existing licence for a replaceable forest licence,

the minister, subject to subsection (3), must enter into a replaceable forest licence with the holder of the pre-existing licence, which replaceable forest licence

(c) is held by the same person who was the holder of the pre-existing licence,

(d) has a term of 15 years beginning on the date the application is received by the minister,

(e) specifies the same timber supply area as did the pre-existing licence,

(f) specifies an allowable annual cut that is the same as the allowable annual cut of the pre-existing licence, and

(g) includes other terms and conditions that are substantially the same as in the pre-existing licence.

(3) The minister must not enter into a forest licence under this section until the holder of the pre-existing licence surrenders the pre-existing licence.

Surrender of timber sale licence for woodlot licence

24.7  (1) In this section, "pre-existing licence", in relation to the holder of it, includes that holder's other pre-existing licences, if any.

(2) Subject to subsection (3), if after the coming into force of this section,

(a) a person holds a pre-existing licence that has an allowable annual cut of at least 800 m3 but not more than 2 500 m3, and

(b) the minister determines that there is available Crown land that can reasonably be included in any woodlot licence area,

on application by its holder received by the regional manager or district manager within one year after the coming into force of this section, the minister must enter into a woodlot licence with the holder of the pre-existing licence, which woodlot licence

(c) has a term not exceeding 20 years,

(d) describes a woodlot licence area comprised of all or part of the available Crown land referred to in paragraph (b) that is sufficient to support an allowable annual cut for the woodlot licence that is equal to at least 80% but not more than 120% of the allowable annual cut of the pre-existing licence,

(e) specifies an allowable annual cut within the range described in paragraph (d), and

(f) includes other terms and conditions, consistent with this Act and the regulations, determined by the minister.

(3) The minister must not enter into a woodlot licence under this section unless

(a) the holder of the pre-existing licence meets the criteria specified in section 44 (4), (5) and (5.1), as applicable,

(b) the minister is satisfied that the holder of the pre-existing licence is qualified to manage the proposed woodlot licence area,

(c) a management plan has been prepared by the holder of the pre-existing licence for the proposed woodlot licence area and approved by the minister, and

(d) the holder surrenders the pre-existing licence.

(4) Section 45 (1) (b) (ii) does not apply to a woodlot licence entered into under this section.

Surrender of timber sale licence for forestry licence to cut

24.8  (1) In this section, "pre-existing licence", in relation to the holder of it, includes that holder's other pre-existing licences, if any.

(2) If, after the coming into force of this section, a person

(a) holds a pre-existing licence, and

(b) the regional manager receives an application from the holder within one year after this section comes into force to surrender the pre-existing licence for a forestry licence to cut,

the minister must enter into a forestry licence to cut with the holder of the pre-existing licence, which forestry licence to cut

(c) is held by the same person who was the holder of the pre-existing licence,

(d) has a term of 5 years beginning on the date the forestry licence to cut is entered into,

(e) specifies a volume of timber that

(i) may be harvested from the area of land described in the forestry licence to cut that is in the same timber supply area to which the pre-existing licence pertains, and

(ii) is equal to a volume of timber that is the sum of the allowable annual cuts of the pre-existing licence for the period ending December 31, 2021, and

(f) includes other terms and conditions that are substantially the same as in the pre-existing licence.

(3) The minister must not enter into forestry licence to cut under this section until the holder of the pre-existing licence surrenders the pre-existing licence.

Conversion of timber sale licence to forestry licence to cut

24.9  (1) In this section, "pre-existing licence" means a pre-existing licence to which sections 24.2 to 24.8 do not apply and, in relation to the holder of it, includes that holder's other pre-existing licences, if any, in the same timber supply area.

(2) One year after the coming into force of this section, a pre-existing licence is converted into a forestry licence to cut that

(a) has a term of equal to the unexpired portion of the term of the pre-existing licence,

(b) describes an area of land within which its holder may harvest timber that is the same timber supply area to which the pre-existing licence pertains,

(c) specifies a volume of timber that may be harvested under the forestry licence to cut that is equal to a volume of timber that is the sum of the allowable annual cuts of the pre-existing licence for the unexpired portion of its term, and

(d) includes other terms and conditions that are substantially the same as in the pre-existing licence.

(3) A pre-existing licence to which subsection (2) applies is deemed to have been surrendered on the date it is converted into a forestry licence to cut.

No compensation

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

(a) the enactment of this Division, or

(b) obligations, including silviculture and other forest management obligations imposed under the Forest Practices Code of British Columbia Act or the Forest and Range Practices Act , that apply to an agreement resulting from or entered into under this section.

Division 4 — Forest Licence Area Restriction

Permanent transfer to adjacent timber supply area

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

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

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

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

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

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

(c) the holder of the forest licence consents.

Minister may impose area restrictions

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

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

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

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

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

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

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

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

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

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

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

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

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

Division 5 — Timber Licences

Rights in tree farm licences

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

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

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

Rights not in tree farm licence

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

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

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

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

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

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

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

One timber licence

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

Consolidation of timber licences

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

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

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

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

(d) amend a timber licence;

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

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

Content of timber licence

30  A timber licence must

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

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

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

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

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

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

(i) stumpage under Part 7, and

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

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

Extension of term of timber licence

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

(a) before the expiration of the term, or

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

Non-timber use

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

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

Division 6 — Tree Farm Licences

Applications

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

(a) is made by an applicant

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

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

(b) conforms to subsection (5), and

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

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

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

(b) determine the procedures for the public hearing.

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

(a) the minister must

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

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

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

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

(ii) decline to do so.

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

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

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

(5) An application for a tree farm licence must

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

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

(i) stumpage under Part 7,

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

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

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

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

(ii) perform specified obligations

(A) under the licence, or

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

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

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

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

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

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

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

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

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

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

Repealed

34  [Repealed 2003-31-21.]

Content of tree farm licence

35  (1) A tree farm licence must

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

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

(i) private land, or

(ii) Crown land subject to a timber licence

also comprising that land,

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

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

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

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

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

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

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

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

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

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

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

(i) BC timber sales enterprises,

(ii) pulpwood agreements, or

(iii) woodlot licences,

is to be available for disposition under

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

(v) Division 7 or 8 of this Part

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

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

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

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

(ii) the result obtained by the division of

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

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

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

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

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

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

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

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

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

Inventories

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

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

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

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

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

(c) the specifications the inventories must meet;

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

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

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

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

(b) prepare and carry out operational plans,

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

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

Management plan for tree farm licence

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

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

(b) conforms to prescribed requirements.

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

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

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

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

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

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

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

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

Replacement

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

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

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

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

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

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

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

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

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

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

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

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

the minister, to the extent provided in the regulations,

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

(i) the suspension is rescinded,

(ii) the suspended rights are reinstated, or

(iii) the holder of the existing tree farm licence

(A) pays the stumpage or other money payable,

(B) provides the required security or deposit,

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

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

(d) may offer a replacement with special conditions.

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

(a) be for a term equal to

(i) 25 years, or

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

(b) have a term beginning

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

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

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

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

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

(c) subject to sections 37, 38, 39 and 60, describe as a tree farm licence area the area subject to the existing tree farm licence, and

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

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

(5) An offer made under this section may

(a) be amended, and

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

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

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

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

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

(8) No tree farm licence is renewable.

Transition for tree farm licence replacement

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

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

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

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

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

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

(b) was made within the 18 month period,

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

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

Private tenure

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

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

Private land

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

Consolidation and subdivision of tree farm licences

39  (1) [Repealed 2009-8-4.]

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

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

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

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

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

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

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

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

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

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

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

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

(c) amending a tree farm licence;

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

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

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

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

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

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

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

Change in boundary or area

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

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

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

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

Division 7 — Pulpwood Agreements

Repealed

40  [Repealed 2003-31-27.]

Content of pulpwood agreement

41  (1) A pulpwood agreement must

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

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

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

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

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

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

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

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

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

(2) This section applies to a pulpwood agreement that

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

(b) was entered into before that time.

Repealed

42  [Repealed 2003-31-29.]

Consolidation and subdivision of pulpwood agreements

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

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

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

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

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

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

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

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

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

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

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

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

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

(c) amending a pulpwood agreement;

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

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

Division 7.1 — Community Forest Agreements

Repealed

43.1  [Repealed 2009-8-5.]

Applications for community forest agreements

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

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

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

(a) a first nation,

(b) a municipality or regional district, or

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

(i) a society incorporated under the Society Act ;

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

(iii) a corporation;

(iv) a partnership.

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

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

(a) approve an application,

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

(c) decline to approve all applications.

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

(a) approve the next best application,

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

(c) refuse to approve any of the applications.

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

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

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

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

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

Content of community forest agreement

43.3  (1) A community forest agreement

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

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

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

(ii) private land

also comprising that land,

(c) subject to this Act and the agreement,

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

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

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

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

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

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

(f) must require its holder to

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

(ii) implement management plans approved by the minister,

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

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

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

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

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

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

(i) timber sale licences, or

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

Replacement of community forest agreements

43.4  (1) to (3) [Repealed 2009-8-9.]

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

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

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

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

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

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

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

(8) An offer made under this section may be

(a) amended, and

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

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

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

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

(10) A community forest agreement is not renewable.

Transition for community forest pilot agreements and probationary community forest agreements

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

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

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

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

(c) must have a term of 25 years,

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

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

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

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

Repealed

43.5  [Repealed 2009-8-11.]

Direct award of community forest agreements

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

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

(b) meets prescribed requirements.

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

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

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

(2) [Repealed 2011-12-11.]

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

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

Change in area or boundary

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

Transition for community forest agreement allowable annual cut

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

Division 7.11 — First Nations Woodland Licences

Award of first nations woodland licence

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

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

(b) meets prescribed requirements.

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

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

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

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

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

Content of first nations woodland licence

43.55  (1) A first nations woodland licence

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

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

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

(ii) private land,

also comprising that land,

(c) subject to this Act and the licence,

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

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

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

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

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

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

(f) must require its holder to

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

(ii) implement management plans approved by the minister,

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

(i) for the purposes of the licence, or

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

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

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

(i) timber sale licences, or

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

Replacement of first nations woodland licences

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

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

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

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

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

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

(4) An offer made under this section may be

(a) amended, and

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

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

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

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

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

Change in area or boundary

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

Division 7.2 — Community Salvage Licences

Interpretation

43.6  In this Division and in section 47.3, "qualifying timber" means Crown timber, whether standing, felled or fallen, that is

(a) left on the site of a logging operation after that operation has concluded, other than timber left to fulfill a forest management function, such as

(i) a seed tree,

(ii) a wildlife tree, or

(iii) a log or stump that provides habitat for plants or animals or is a source of nutrients for soil development,

(b) dead, damaged, diseased, infested or windthrown, or

(c) removed in accordance with a community salvage licence to provide access to timber described in paragraph (a) or (b) or to ensure the safety of a person harvesting that timber.

Applications

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

(a) may invite an application for a community salvage licence, or

(b) by advertising in the prescribed manner, may invite one or more applications for a community salvage licence

only from

(c) a band as defined in the Indian Act (Canada),

(d) a municipality or regional district, or

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

(i) a society incorporated under the Society Act ;

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

(iii) a corporation;

(iv) a partnership.

(2) An application for a community salvage licence must

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

(b) if it is an application referred to in subsection (1) (b) be submitted in a sealed container to the minister or a person authorized by the minister,

(c) include a proposal to achieve the objectives set out in subsection (3) by harvesting and using qualifying timber,

(d) include any information respecting the proposal referred to in paragraph (c) that the minister or a person authorized by the minister requests when inviting the application under subsection (1) (a) or advertising under subsection (1) (b), and

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

(i) stumpage under Part 7, and

(ii) waste assessments for qualifying timber, whether standing, felled or fallen, that could have been cut or removed under the community salvage licence, but, at the licensee's discretion, is not cut or removed.

(3) The minister or a person authorized by the minister must evaluate each application, taking into account its potential for

(a) providing social and economic benefits to British Columbia, including contributing to government revenues,

(b) providing opportunities for achieving a range of community objectives, including employment and other social, environmental and economic benefits,

(c) encouraging cooperation within the community and among stakeholders,

(d) providing for the use of qualifying timber, and

(e) other factors that the minister or a person authorized by the minister specifies in the invitation or advertising.

(4) After the evaluation under subsection (3), the minister or a person authorized by the minister may

(a) in the case of an application submitted in response to an invitation under subsection (1) (a)

(i) approve the application,

(ii) approve the application subject to conditions with which the applicant must comply before the community salvage licence is entered into, or

(iii) decline to approve the application, and

(b) in the case of an application submitted in response to an advertisement under subsection (1) (b)

(i) approve one or more applications,

(ii) approve an application subject to conditions that the applicant must comply with before the community salvage licence is entered into, or

(iii) decline to approve any applications.

(5) If the person whose application is approved under subsection (4) (b) does not enter into the community salvage licence, the minister or a person authorized by the minister may approve the next best application from a qualified applicant.

(6) If an application is approved under this section, the minister must enter into a community salvage licence with the applicant.

Content of community salvage licence

43.8  A community salvage licence

(a) must be for a term not exceeding 5 years,

(b) must describe one or more areas of land within which, subject to availability, its holder may harvest qualifying timber,

(c) may specify a maximum volume of qualifying timber that may be harvested from an area of land described in the community salvage licence,

(d) may provide for cutting permits to be issued by the district manager to authorize its holder to harvest qualifying timber from specified areas of land within the area or areas of land described in the community salvage licence,

(e) 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 qualifying timber, whether standing, felled or fallen, that could have been cut or removed under the community salvage licence, but, at its holder's discretion, is not cut or removed,

(f) may include restrictions on

(i) the type of qualifying timber that may be harvested under it, and

(ii) the location, timing, nature and extent of harvesting activities that may be carried out under it,

(g) if it authorizes clearcutting, must restrict clearcuts to less than one hectare,

(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 community salvage licence that the first nation comply with the agreement, 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.

Division 8 — Woodlot Licences

Applications

44  (1) In this section:

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

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

"ineligible licence" means a licence that

(a) is one of the following:

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

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

(iii) a tree farm licence;

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

(b) is either

(i) replaceable, or

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

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

(3) An application for a woodlot licence must

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

(b) meet prescribed requirements.

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

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

(b) a first nation, or

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

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

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

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

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

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

(e) the applicant holds

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

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

(f) the applicant controls a corporation that holds

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

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

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

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

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

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

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

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

(d) the applicant holds

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

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

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

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

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

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

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

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

(a) approve an application, or

(b) decline to approve all applications.

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

(a) approve the next best application, or

(b) refuse to approve any of the applications.

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

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

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

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

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

Content of woodlot licence

45  (1) A woodlot licence must

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

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

(d) 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,

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

(f) 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;

(iii) it is consistent with

(A) the woodlot licence,

(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,

(E) silviculture, and

(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, state that it is a condition of the licence that the first nation comply with the agreement, and

(g) 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.

Transition for woodlot licence allowable annual cut

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.

Replacement

46  (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 the minister determines that

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

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

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

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

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

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

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

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

the minister, to the extent provided in the regulations,

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

(i) the suspension is rescinded,

(ii) the suspended rights are reinstated, or

(iii) the holder of the existing woodlot licence

(A) pays the stumpage or other money payable,

(B) provides the required security or deposit,

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

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

(d) may offer a replacement with special conditions.

(3) A woodlot licence offered under this section must

(a) have a term commencing

(i) on the 10th anniversary of the existing woodlot licence, or

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

(b) be for a term equal to

(i) the whole original term of the existing woodlot licence, or

(ii) if the minister exercises the power conferred under subsection (2) (c), 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.

(4) [Repealed 1999-10-5.]

(5) Notice of an offer made under this section must be published in the prescribed manner.

(6) An offer made under this section

(a) may be amended, and

(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.

(9) No woodlot licence is renewable.

Repealed

46.1  [Repealed 2007-18-22.]

Consolidation of woodlot licences

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.

Repealed

47  [Repealed RS1996-157-47 (2).]

Change in area or boundary

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

(ii) removing private land from the woodlot licence area.

Repealed

47.2  [Repealed RS1996-157-47.2 (4).]

Division 8.1 — Direct Awards

Direct award of specified licences

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, community salvage 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

(i) a treaty,

(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 (5).

(2) [Repealed 2010-12-15.]

(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:

(a) increase

(i) the allowable annual cut or the maximum harvestable volume, or both, specified in the licence, if the licence is a forest licence,

(ii) the maximum volume of qualifying timber and the maximum harvestable volume, if the licence is a community salvage 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 community salvage licence or 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, community salvage 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 community salvage licence, 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

Licence to cut for persons occupying land or for oil and gas purposes

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 harvesting of timber, under a cutting permit referred to in section 47.5 (2) (c) in all or part of a forest district

(i) for one or more of the following purposes:

(A) an oil and gas activity under the Oil and Gas Activities Act ;

(B) [Repealed 2008-36-125.]

(C) roads associated with an activity referred to in clause (A), or

(ii) to authorize the person to harvest timber for prescribed purposes or in prescribed circumstances.

Content of occupant and master licences to cut

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.

(2) A master 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,

(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,

(c) must provide for cutting permits to be issued by the district manager, or a forest officer authorized by the district manager, within the limits provided in the master licence to cut and subject to this Act and the Forest and Range Practices Act or the Oil and Gas Activities Act , as applicable, to authorize its holder to harvest Crown timber from specified areas within the area or areas of Crown land specified in the licence to cut, 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 of the Forest and Range Practices Act and the Oil and Gas Activities Act .

(3) The district manager or the forest officer authorized by the district manager must not issue to the holder of a master licence to cut a cutting permit for an area described in subsection (2) (c) unless

(a) the holder

(i) has written authority from the government, or

(ii) is authorized under an enactment

to occupy that area, or

(b) the cutting permit will facilitate harvesting for the purposes or circumstances referred to in section 47.4 (2) (b) (ii).

(4) If a master licence to cut expires and the minister enters into a new master licence to cut with the same holder, a cutting permit issued under the expired master licence to cut must be assigned to the new master licence to cut if

(a) the holder consents to the assignment,

(b) the areas of land specified in the cutting permit are within the area or areas of Crown land specified in the new master licence to cut, and

(c) no changes are made to the cutting permit, other than the assignment of that permit to the new master licence to cut.

Forestry licence to cut

47.6  (1) [Repealed 2008-20-18.]

(2) The minister may enter into a forestry licence to cut

(a) [Repealed 2008-20-18.]

(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.

(2.1) [Repealed 2011-13-57.]

(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:

(i) remove Crown timber;

(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.

(2.2) [Repealed 2011-13-57.]

(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

(i) cut, or

(ii) cut and remove

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 (5).

(5) [Repealed 2011-13-57.]

Content of forestry licence to cut

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:

(i) harvest Crown timber;

(ii) cut Crown timber;

(iii) remove Crown timber;

(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 provide for cutting permits, which, if the forestry licence to cut is a major licence, must have terms that do not exceed 4 years, to be issued by the district manager, or a forest officer authorized by the district manager, within the limits provided in the licence to cut and, subject to this Act, to authorize its holder to harvest Crown timber from specified areas of land within the area or areas of land described in the forestry licence to cut,

(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,

(g.1) may include provisions

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

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

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

Applications for fibre supply licence to cut

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).

Content of a fibre supply licence to cut

47.72  (1) A fibre supply licence to cut

(a) must be for a term not exceeding 5 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:

(i) remove Crown timber;

(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.

Volume deemed to be harvested under licence for cut control purposes

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

(b) is removed under

(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

Disposition of timber in a tree farm licence

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

(c) section 47.6 (2) or (3),

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.

Disposition of timber not harvested or removed under an agreement

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

(b) a fibre supply licence to cut.

Division 9 — Free Use Permits for First Nations and Others

Free use permit

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,

(g) a person who

(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).

Issuance and content of free use permit

49  (1) The minister may enter into a free use permit with a person or treaty first nation qualified under section 48.

(2) A free use permit

(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 (3) and (4), 144 and 145 apply to a review under subsection (3).

Free use permit in area subject to area-based licence

49.1  (1) In this section, "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

Christmas tree permit

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.

Repealed

51  [Repealed 2003-31-37.]

Use by government employees and agents

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 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 11.1 | Part 12 | Part 13 | Part 14