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"Point in Time" Regulation Content

Forest Act

BC Timber Sales Regulation

B.C. Reg. 381/2008

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 1 October 1, 2012
Section 2 March 6, 2019
Section 4 October 1, 2012
Section 5 October 1, 2012
March 6, 2019
Section 6 March 6, 2019
Section 7 March 6, 2019
Section 9 October 1, 2012
February 1, 2015
Section 10 October 1, 2012
February 1, 2015
March 6, 2019
Section 15 July 19, 2019
Section 16 October 1, 2012
July 19, 2019
Section 16.1 to 16.6 October 1, 2012
Section 16.3 February 1, 2015
Section 16.7 October 1, 2012
Section 17.1 October 1, 2012
Section 18 October 1, 2012
Section 19 October 1, 2012
Section 19.1 October 1, 2012
Section 20 October 1, 2012
Section 21 October 1, 2012
Part 5 March 7, 2017

 Section 1 (1) definition of "money owed" was added by BC Reg 152/2012, effective October 1, 2012.

 Section 1 (1) definitions of "sawmill" and "timber processing facility" BEFORE amended by BC Reg 152/2012, effective October 1, 2012.

"sawmill" means a timber processing facility that manufactures lumber, timbers or cants from logs;

"timber processing facility" means a facility that processes

(a) timber or wood residue or both,

(b) products produced from timber or wood residue or both, or

(c) products under both paragraphs (a) and (b).

 Section 2 BEFORE re-enacted by BC Reg 37/2019, effective March 6, 2019.

Categories

2   For the purposes of the Act, 3 categories of BC timber sales enterprises are established,

(a) category 1 comprised of persons referred to in section 3,

(b) category 2 comprised of persons referred to in section 4, and

(c) category 3 comprised of persons referred to in section 5.

 Section 4 (2) (c) BEFORE amended by BC Reg 152/2012, effective October 1, 2012.

(c) must own or lease a timber processing facility in British Columbia in respect of which no other person is registered in a category under this regulation, and

 Section 4 (3) BEFORE amended by BC Reg 152/2012, effective October 1, 2012.

(3)  If the timber processing facility referred to in subsection (2) (c) is a sawmill, the sawmill must include a chipper and a debarker unless the timber sales manager has exempted the sawmill from this requirement.

 Section 5 (2) (e) BEFORE amended by BC Reg 152/2012, effective October 1, 2012.

(e) must state in the application for registration that he or she intends to own or lease a timber processing facility.

 Section 5 (3) and (4) BEFORE amended by BC Reg 152/2012, effective October 1, 2012.

(3)  When a person registered in category 3 becomes the owner or lessee of a timber processing facility in British Columbia in respect of which no other person is registered in a category under this regulation, the person ceases to be registered in category 3 and is registered in category 2.

(4)  A person who, under subsection (3), has become an owner or lessee of a timber processing facility must notify a timber sales manager in a manner approved by the manager.

 Section 5 BEFORE repealed by BC Reg 37/2019, effective March 6, 2019.

Registration, category 3

5   (1) A person may be registered as a BC timber sales enterprise in category 3 if the person meets the requirements of subsection (2) and applies to a timber sales manager in a manner approved by the manager.

(2) In order to qualify for registration under this section, a person

(a) must have been registered as a BC timber sales enterprise in category 3 on June 20, 2003,

(b) must meet the requirements of sections 3 (3) (a) and (c) and 4 (2) (d),

(c) must not meet the requirement of section 4 (2) (c),

(d) must not be registered in any other category under this regulation, and

(e) must state in the application for registration that he or she intends to own or lease a processing facility.

(3) When a person registered in category 3 becomes the owner or lessee of a processing facility in British Columbia in respect of which no other person is registered in a category under this regulation, the person ceases to be registered in category 3 and is registered in category 2.

(4) A person who, under subsection (3), has become an owner or lessee of a processing facility must notify a timber sales manager in a manner approved by the manager.

[am. B.C. Reg. 152/2012, Sch. s. 2.]

 Section 6 BEFORE amended by BC Reg 37/2019, effective March 6, 2019.

6   In determining the aggregate allowable annual cut under section 4 (2) (d) or 5 (2) (b), the allowable annual cut of a forest licence must not be included.

 Section 7 (part) BEFORE amended by B.C. Reg. 37/2019, effective March 6, 2019.

7   Despite sections 3 to 5 of this regulation, a timber sales manager may refuse to register a person as a BC timber sales enterprise in a category under this regulation if the person

 Section 9 BEFORE re-enacted by BC Reg 152/2012, effective October 1, 2012.

 Deemed cessation of registration

9  (1)  If a person registered in a category under this regulation

(a) ceases to meet the requirements of this regulation for registration in that category, or

(b) holds 3 or more licences under which primary timber harvesting operations have not been completed, whether forest licences, timber sale licences, or any combination of the two,

the person is deemed not to be registered in that category until such time as the circumstances described in paragraphs (a) and (b) do not apply to the person.

(2)  If a person registered in a category under this regulation does not apply for a timber sale licence under section 20 of the Act within a 5-year period beginning on the later of

(a) the date the person was registered in the category under this regulation, or

(b) the date the person most recently applied for a timber sale licence under section 20 of the Act,

the person ceases to be registered in that category.

 Section 9 (2) (part) BEFORE amended by BC Reg 251/2014, effective February 1, 2015.

and, of the total amount owing, more than $500 000 is overdue by more than 84 days.

 Section 10 (3) was added by BC Reg 152/2012, effective October 1, 2012.

 Section 10 (3) BEFORE amended by BC Reg 251/2014, effective February 1, 2015

(3) A timber sales manager must cancel the registration of a person registered in a category of BC timber sales enterprise if the person does not apply for a timber sale licence under section 20 of the Act within a 5-year period beginning on the later of

(a) the date the person was registered in the category under this regulation, and

(b) the date the person most recently applied for a timber sale licence under section 20 of the Act.

 Section 10 (2) BEFORE amended by BC Reg 37/2019, effective March 6, 2019.

(2) Despite sections 3 to 5 of this regulation, a timber sales manager may cancel the registration of a person who is registered as a BC timber sales enterprise in a category under this regulation if the person

(a) has not

(i) paid the money required to be paid to the government under section 130 of the Act by the due date specified, or

(ii) made arrangements satisfactory to the revenue minister to pay the money referred to in subparagraph (i),

(b) has not notified the timber sales manager in accordance with section 5 (4), or

(c) has not submitted accurate information to the timber sales manager in accordance with section 8.

 Section 15 (1) (part) and (2) BEFORE amended by BC Reg 175/2019, effective July 19, 2019.

(1) If, under section 20 of the Act, an application is made for a timber sale licence, the application must

(2) Despite subsection (1),

(a) the bid deposit required under subsection (1) (a) may be in an amount specified by the timber sales manager that is less than the amount calculated under subsection (3), or

(b) if a bid deposit is unnecessary in the opinion of the timber sales manager, an application

(i) may be without any bid deposit, in the case of an application to which subsection (1) (a) applies, or

(ii) need not specify as set out in subsection (1) (b), in the case of an application to which that provision applies.

 Section 16 BEFORE re-enacted by BC Reg 152/2012, effective October 1, 2012.

 Amount of deposit for timber sale licence

16  (1)  Before entering into a timber sale licence, the successful applicant for the licence must pay the government, on demand,

(a) the difference between the bid deposit referred to in section 15 (1) (a) or (2) (a), whichever is applicable, and the deposit calculated under subsection (2) of this section, or

(b) the full amount of the deposit calculated under subsection (2) of this section if the application is one described in section 15 (1) (b) or (2) (b).

(2)  The deposit for a timber sale licence must be in an amount not less than the sum of

(a) 10% of the first $100 000 of total estimated stumpage value, and

(b) 5% of the remaining total estimated stumpage value.

(3)  If all or part of the deposit is used by the government during the term of a timber sale licence, the successful applicant must make, on demand, a further payment to the government to maintain the deposit in the amount determined under this section.

(4)  Despite subsection (3), section 7 of the Advertising, Deposits and Disposition Regulation, B.C. Reg. 552/78, as it read immediately before November 4, 2003, applies to a timber sale licence that was advertised or entered into before that date.

 Section 16 (4) and (5) (part) BEFORE amended by BC Reg 175/2019, effective July 19, 2019.

(4) If

(a) the application of the successful applicant specified a standing bid deposit as described in section 15 (1) (b), or

(b) the timber sales manager, under section 15 (2) (b), considered a bid deposit to be unnecessary

the applicant must pay to the government the full deposit amount required under this section.

(5) If the application of the successful applicant included a bid deposit described in section 15 (1) (a) or (2) (a), the applicant must pay to the government the difference between

 Sections 16.1 to 16.6 were enacted by BC Reg 152/2012, effective October 1, 2012.

 Section 16.3 (1) definition of "financial performance evaluation period" BEFORE amended by BC Reg 251/2014, effective February 1, 2015.

"financial performance evaluation period", in relation to the successful applicant for a timber sale licence, means the shorter of the following periods:

(a) the period beginning on October 1, 2012 and ending on the closing date for applications for the licence;

(b) the 24-month period immediately preceding the closing date for applications for the licence;

 Section 16.3 (3) (b) (part) BEFORE amended by BC Reg 251/2014, effective February 1, 2015.

not more than $500 000 was overdue by more than 84 days at any time during the financial performance evaluation period.

 Section 16.7 was enacted by BC Reg 152/2012, effective October 1, 2012.

[BC Reg 152/2012 was amended by BC Reg 278/2012.]

 Section 17.1 was enacted by BC Reg 152/2012, effective October 1, 2012.

 Section 18 BEFORE re-enacted by BC Reg 152/2012, effective October 1, 2012.

 Refund if application not approved or if conditionally approved

18  If an application for a timber sale licence is not approved or is approved subject to a condition, the money paid under section 15 (1) (a) in respect of the application may be refunded if the timber sales manager is satisfied that there is no need for the deposit.

 Section 19 (1) BEFORE amended by BC Reg 152/2012, effective October 1, 2012.

(1)  If an application for a timber sale licence is approved or conditionally approved but the applicant does not enter into the licence, the money paid under section 15 (1) (a) in respect of the application, or the standing bid deposit referred to in section 15 (1) (b), is forfeited to the government.

 Section 19 (3) (a) BEFORE amended by BC Reg 152/2012, effective October 1, 2012.

(a) be submitted within 30 days after the date the requesting person is notified that the deposit has been forfeited under subsection (1),

 Section 19.1 was enacted by BC Reg 152/2012, effective October 1, 2012.

 Section 20 BEFORE renumbered as 20 (1) and (2) was added by BC Reg 152/2012, effective October 1, 2012.

 Refund if obligations fulfilled or substantially fulfilled

20  A deposit paid under this regulation in respect of a BC timber sales agreement may be refunded

(a) in full, if the timber sales manager is satisfied that the agreement holder has fulfilled its obligations under or in respect of the agreement, or

(b) in an amount not exceeding 75% of the original deposit, if the timber sales manager is satisfied that the agreement holder has substantially fulfilled the obligations under or in respect of the agreement.

 Section 21 (1) (part) BEFORE amended by BC Reg 152/2012, effective October 1, 2012.

(1)  The timber sales manager must realize a deposit, other than a standing deposit, paid under this regulation in respect of a BC timber sales agreement if

 Section 21 (2) (part) BEFORE amended by BC Reg 152/2012, effective October 1, 2012.

(2)  The amount realized from the deposit under subsection (1) must be disposed of as follows:

 Section 21 (2) (b) (i) BEFORE amended by BC Reg 152/2012, effective October 1, 2012.

(i)  50% of the original deposit, or all of the balance remaining if the balance is less than 50%, to the government, and

 Section 21 (3) (part) BEFORE amended by BC Reg 152/2012, effective October 1, 2012.

(3)  Despite subsection (2), if the timber sales manager is satisfied that the holder has substantially fulfilled its obligations under or in respect of a BC timber sales agreement or a road permit issued in conjunction with the agreement, the timber sales manager must dispose of the amount realized from a deposit as follows:

 Section 21 (3) (b) (i) BEFORE amended by BC Reg 152/2012, effective October 1, 2012.

(i)  25% of the original deposit, or all of the balance remaining if the balance is less than 25%, to the government, and

 Section 21 (4) (part) BEFORE amended by BC Reg 152/2012, effective October 1, 2012.

(4)  Despite subsections (1) to (3), a deposit paid under this regulation in respect of a timber sale licence is forfeited to the government if

 Section 21 (5) (a) BEFORE amended by BC Reg 152/2012, effective October 1, 2012.

(a) the realization of a deposit under subsection (1), or

 Section 21 (6) (a) BEFORE amended by BC Reg 152/2012, effective October 1, 2012.

(a) be submitted within 30 days after the date the holder is advised that all or a portion of the holder's deposit has been realized under subsection (1) or forfeited under subsection (4),

 Part 5 was enacted by BC Reg 92/2017, effective March 7, 2017.