Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc

"Point in Time" Regulation Content

Forest Act

Log Salvage Regulation for the Vancouver Log Salvage District

B.C. Reg. 220/81

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 4 July 21, 2011
Section 9 July 21, 2011
November 28, 2013
Section 12 November 28, 2013
Section 13 November 28, 2013
Section 14 November 28, 2013
Section 15 July 21, 2011
Section 16 July 21, 2011
November 28, 2013
Section 17 July 21, 2011
Section 18 July 21, 2011
Section 19 July 21, 2011

 Section 4 BEFORE amended by BC Reg 133/2011, effective July 21, 2011.

 Qualifications for a log salvage permit

4  (1)  Subject to subsections (2) and (3), the regional manager may grant a permit to a person who

(a) Repealed. [B.C. Reg. 90/2006, s. 3 (a).]

(b) is a Canadian citizen or landed immigrant,

(c) has not been found guilty of an offence under

(i)  section 339 of the Criminal Code, or

(ii)  section 334, 343 or 463 of the Criminal Code by reason of a theft set out in section 322 of the Criminal Code,

(d) is 18 years or over,

(e) has not had a permit that was cancelled under the Act during the period commencing 5 years prior to his application,

(f) is neither engaged in nor the holder of an interest in a business that manufactures timber or any forest product in British Columbia,

(g) has paid all fines imposed against the person under the Act or regulations under the Act, and

(h) has not been found guilty of an offence under the Act or regulations under the Act within the preceding 6 months.

(2)  If a regional manager is of the opinion that a person found guilty of an offence mentioned in subsection (1) is of good character and otherwise meets the requirements of subsection (1), the regional manager may grant a permit to the person

(a) in the case of an offence mentioned in subsection (1) (c), if 5 or more years have passed since the last conviction for such an offence, and

(b) in the case of an offence mentioned under subsection (1) (h), on application for the permit.

(3)  The regional manager may grant a permit to a person who is not a Canadian citizen or landed immigrant where that person held a permit on January 1, 1980 or on January 1, 1981 and otherwise meets the requirements of subsection (1).

[am. B.C. Regs. 299/81, s. 2; 184/89; 109/93, s. 2; 90/2006, s. 3.]

 Section 9 (1) (b) BEFORE amended by BC Reg 133/2011, effective July 21, 2011.

(b) keep the receiving station in Howe Sound and the other facilities open, at least on the days and for the periods specified from time to time by the regional manager in notices to the licensee, unless the licensee is prevented from doing so by circumstances beyond its reasonable control.

 Section 9 (4) BEFORE amended by BC Reg 133/2011, effective July 21, 2011.

(4)  The licensee shall maintain the records referred to in subsection (2) and have them available for inspection by the regional manager, or a forest officer authorized by him, as specified in the licence.

 Section 9 (4) BEFORE amended by BC Reg 237/2013, effective November 28, 2013.

(4)  The licensee shall maintain the records referred to in subsection (2) and have them available for inspection by the minister, as specified in the licence.

 Section 12 (2) (d) (ii) (B) BEFORE amended by BC Reg 237/2013, effective November 28, 2013.

(B)  the person possessing the log has in his possession a document issued by a forest officer authorizing him to take the log to a place within the log salvage district for scaling.

 Section 13 (2) (c) BEFORE amended by BC Reg 237/2013, effective November 28, 2013.

(c) hold it in a safe place until he receives instructions from its owner, from the licensee or from a forest officer.

 Section 14 (b) BEFORE amended by BC Reg 237/2013, effective November 28, 2013.

(b) without the consent of a forest officer, from Crown land or water covering Crown land that is above the high high-water mark.

 Section 15 (1) BEFORE amended by BC Reg 133/2011, effective July 21, 2011.

(1)  Unless authorized in writing by the regional manager, a permittee, in carrying out log salvage operations,

(a) shall not operate more than

(i)  one power salvage boat,

(ii)  in the immediate vicinity of the power salvage boat, one tender boat which may be unpowered, or powered and which may not provide live aboard accommodation, and

(iii)  2 land vehicles to assist in removing logs lying on the foreshore,

(b) shall not have as a helper a person referred to in subsection (3), nor allow such a person aboard the salvage boat, and

(c) shall stay in the immediate vicinity of and directly supervise his helper, if any.

 Section 16 BEFORE amended by BC Reg 133/2011, effective July 21, 2011.

 Log identification hammers

16  (1)  On application by a permittee and on receipt of a fee determined by the regional manager, the regional manager shall issue to a permittee a log salvage identification hammer that has embossed on it the permittee's log salvage identification mark.

(2)  At the time of salvage or, if prevented by weather or sea conditions, as soon as reaching shelter, a permittee shall

(a) mark each log salvaged by him that is not contained in a log boom by making a clear and visible imprint with his log salvage identification hammer on one end of the log at a location where the mark will be clearly visible when the log is floating, and

(b) mark each log boom salvaged by him by making a clear and visible imprint with his log salvage identification hammer on one end of at least 2 logs in the log boom in locations where the mark will be clearly visible,

unless a forest officer directs otherwise.

(3)  If a permittee loses his log salvage identification hammer he shall

(a) immediately notify the regional manager, and

(b) remit to the regional manager the fee for a new hammer,

and pending receipt of a new hammer, the permittee shall mark, in the manner set out in subsection (2), any log or any log boom he salvages by fixing his log salvage identification mark on it clearly and conspicuously with crayon or spray paint.

(4)  A permittee or his helper shall not

(a) mutilate, obliterate or make difficult to distinguish a timber mark, marine log brand or log salvage identification mark on a log,

(b) use a log salvage identification hammer that, through damage or faulty manufacture, fails to make a clear and visible imprint of his log salvage identification mark,

(c) mark any log that is not salvaged by the permittee, or

(d) except with the written consent of a forest officer and on terms specified by the officer,

(i)  trim a salvaged log,

(ii)  cut a salvaged log into 2 or more pieces, or

(iii)  cut the roots or top from a salvaged log.

(5)  A permittee shall not allow any person except his helper to use or to have in his possession the permittee's log salvage identification hammer.

(6)  Where a person is in possession of a log salvage hammer and he is not the permittee to whom it was issued nor that permittee's helper, he shall, on demand made by a forest officer or peace officer, surrender the hammer to the officer.

 Section 16 (2) BEFORE amended by BC Reg 237/2013, effective November 28, 2013.

(2)  At the time of salvage or, if prevented by weather or sea conditions, as soon as reaching shelter, a permittee shall

(a) mark each log salvaged by him that is not contained in a log boom by making a clear and visible imprint with his log salvage identification hammer on one end of the log at a location where the mark will be clearly visible when the log is floating, and

(b) mark each log boom salvaged by him by making a clear and visible imprint with his log salvage identification hammer on one end of at least 2 logs in the log boom in locations where the mark will be clearly visible,

unless a forest officer directs otherwise.

 Section 16 (4) (d) BEFORE amended by BC Reg 237/2013, effective November 28, 2013.

(d) except with the written consent of a forest officer and on terms specified by the officer,

(i)  trim a salvaged log,

(ii)  cut a salvaged log into 2 or more pieces, or

(iii)  cut the roots or top from a salvaged log.

 Section 17 BEFORE re-enacted by BC Reg 133/2011, effective July 21, 2011.

 Removal from water

17  A permittee must not remove a salvage log from water or deliver a salvage log by land unless the regional manager agrees to the removal or delivery and prior arrangements have been made with the licensee under the Act for the log to be scaled.

[en. B.C. Reg. 109/93, s. 9.]

 Section 18 (1) BEFORE amended by BC Reg 133/2011, effective July 21, 2011.

(1)  A permittee must only carry on log salvage operations during the period from one half hour after sunrise until one half hour before sunset in the following areas unless otherwise authorized by the regional manager:

(a) that part of Vancouver Harbour lying east of a straight line from the most westerly point on the Vancouver Wharves Ltd. dock to Brockton Point lighthouse;

(b) that part of the Fraser River, its tributaries, and lakes attached thereto, in the Vancouver Log Salvage District upriver from a line drawn from a point one kilometer south of Sandheads Light northerly to the western extremity of the North Arm jetty thence to the western extremity of Point Grey;

(c) that part of Howe Sound lying north of a straight line from Soames Point, on the west shore, to the northern tip of Bowyer Island to Irby Point, the southern tip of Anvil Island, thence northerly through the eastern tip of Defence Island to the west shore of Howe Sound;

(d) that part of Howe Sound inside the limits of Squamish Harbour;

(e) within 1 km of any area where log salvaging is prohibited under section 14 (a) of this regulation.

 Section 19 (1) and (2) BEFORE amended by BC Reg 133/2011, effective July 21, 2011.

(1)  The regional manager, a forest officer authorized by him or a peace officer may seize a log or a log boom that is in the possession of any person who contravenes this regulation or section 124 or 126 of the Act.

(2)  Where a salvaged log is seized by the Crown under subsection (1), the regional manager may

(a) release the log from seizure to any person on the terms and conditions he considers fit, or

(b) dispose of the log by public auction or private sale.