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B.C. Reg. 252/2018
O.C. 655/2018
Deposited December 3, 2018
effective January 8, 2019
This consolidation is current to September 17, 2019.
Link to consolidated regulation (PDF)

Forest Act

Refusal of Cutting Permit or Road Permit Regulation

Contents
1Definitions
2Government objective for section 81.1 of Act
3Relevant matters
4Reasons for determination
Schedule

Definitions

1   In this regulation:

"Act" means the Forest Act;

"BCTS operating area", in relation to a cutting permit or road permit, means an area of land that, at the time the application for the permit is received by the minister, is identified as a BCTS operating area on a map in the Schedule;

"representative timber", in relation to an area of land, means timber that, having regard to the following, is representative of the timber on the area of land:

(a) the volume, grade and species of the timber on the area of land;

(b) the circumstances or conditions applicable to the harvesting of the timber on the area of land;

"specified cutting permit or road permit" means a cutting permit or road permit

(a) that covers all or a portion of a BCTS operating area, and

(b) the application for which is received by the minister on or after January 8, 2019.

Government objective for section 81.1 of Act

2   For the purposes of section 81.1 of the Act, ensuring that BCTS generates adequate cost and price information and data respecting the harvest of representative timber from Crown land through the planning, development and auction of the authority to harvest timber in BCTS operating areas is a government objective.

Relevant matters

3   For the purposes of section 81.1 of the Act, the minister must consider all of the following in determining whether the issuance of a specified cutting permit or road permit would compromise the government objective referred to in section 2 of this regulation:

(a) whether money has been expended under section 109 (3) (a), (a.1), (c) or (d) of the Act in respect of all or a portion of a BCTS operating area covered by the specified cutting permit or road permit;

(b) whether issuance of the specified cutting permit or road permit would adversely affect a proposed timber harvesting area or road in a BCTS operating area that is spatially identified in a multi-year development plan published by BCTS on a publicly accessible website maintained by or on behalf of the minister;

(c) whether issuance of the specified cutting permit or road permit would adversely affect the ability of the timber sales manager to obtain an adequate 10 year supply of representative timber from the BCTS operating areas in a timber supply area in the timber sales manager's BC timber sales business area;

(d) any mitigating factors that the minister considers to be relevant to any of the matters referred to in paragraph (a), (b) or (c).

Reasons for determination

4   If the minister determines under section 81.1 of the Act that the issuance of a specified cutting permit or road permit would compromise government objectives as specified in this regulation, the minister must notify the applicant in writing of the reasons for the determination.

Schedule

Maps of BCTS Operating Areas

Babine BC Timber Sales Business Area — BCTS Operating Areas

Cariboo — Chilcotin BC Timber Sales Business Area — BCTS Operating Areas

Chinook BC Timber Sales Business Area — BCTS Operating Areas

Kamloops BC Timber Sales Business Area — BCTS Operating Areas

Kootenay BC Timber Sales Business Area — BCTS Operating Areas

Okanagan — Columbia BC Timber Sales Business Area — BCTS Operating Areas

Peace — Liard BC Timber Sales Business Area — BCTS Operating Areas

Prince George BC Timber Sales Business Area — BCTS Operating Areas

Seaward/tlasta BC Timber Sales Business Area — BCTS Operating Areas

Skeena BC Timber Sales Business Area — BCTS Operating Areas

Strait of Georgia BC Timber Sales Business Area — BCTS Operating Areas

Stuart — Nechako BC Timber Sales Business Area — BCTS Operating Areas

NOTE: Maps are exempt from publication and may be inspected at the offices of the Ministry of Forests, Lands, Natural Resource Operations and Rural Development, 4th floor, 2975 Jutland Road, Victoria, B.C. V8T 5J9, during regular office hours.

[Provisions relevant to the enactment of this regulation: Forest Act, R.S.B.C. 1996, c. 157, ss. 151 (2) and 151.01 (1)]