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This Act is current to October 30, 2019
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Forest Act

[RSBC 1996] CHAPTER 157

Part 11 — Recovery of Money, Miscellaneous

Division 1 — Recovery of Money

Lien

130   (1) Money that is required to be paid to the government under the circumstances set out in subsection (1.1)

(a) is due and payable by the date specified for payment in a statement to, or notice served on, the person who is required to pay it,

(b) bears interest as prescribed, and in the case of an amount due under

(i) section 108, the interest runs from the date determined by the minister to be the date stumpage or royalty would have been due if the timber referred to in section 108 had been scaled correctly under Part 6, and

(ii) an assessment made under section 142.51 (5) or 142.61 (4), the interest runs from the date determined by the commissioner to be the date stumpage would have been due if none of the events referred to in section 142.51 (1) (a) to (d) had occurred,

(c) may be recovered in a court as a debt due to the government, and

(d) constitutes, in favour of the government,

(i) a lien on timber, lumber, veneer, plywood, pulp, newsprint, special forest products and wood residue owned by the person who owes the money, and

(ii) a lien on chattels or an interest in them, other than chattels referred to in subparagraph (i), owned by the person who owes the money.

(1.1) The circumstances referred to in subsection (1) are that money is required to be paid

(a) under this Act, the former Act, the Range Act, the Forest and Range Practices Act or the Wildfire Act,

(b) under an agreement entered into under this Act, the former Act or the Range Act,

(c) under a permit issued under the Forest and Range Practices Act, the Forest Practices Code of British Columbia Act or the Wildfire Act, or

(d) for goods, services or both provided by the ministry.

(2) A lien under subsection (1) (d) (i) has priority over all other claims, and a lien under subsection (1) (d) (ii) has priority over all other claims other than claims secured by liens, charges and encumbrances registered against the chattels before the money is due and payable.

(3) A lien constituted under subsection (1) is not lost or impaired only because

(a) proceedings to recover the money are taken or not,

(b) partial payment of the money is tendered or accepted, or

(c) the lien is not registered.

(4) If default is made in the payment of all or part of the money due and payable, the revenue minister may issue, and file with a court having jurisdiction, a certificate stating

(a) the amount that remains unpaid, including interest, and

(b) the name of the person who is required to pay it.

(5) A certificate filed under subsection (4) has the same effect as an order of the court for the recovery of a debt in the amount stated in the certificate against the person named in it, and all proceedings may be taken as if it were an order of the court.

Limitation period

130.1   (1) In this section, "proceeding" means

(a) an action for the recovery of money under section 130 (1),

(b) the enforcement of a lien under section 130 (1), and

(c) the filing of a certificate under section 130 (4).

(2) A proceeding may be commenced at any time within 7 years of the date that money claimed in the proceeding or to which the proceeding relates became due and payable under section 130 (1) (a).

(3) Despite subsection (2), a proceeding that relates to a contravention of this Act or the regulations and that involves wilful default or fraud may be commenced at any time.

(4) Section 24 of the Limitation Act applies to the limitation period set by this section.

Person acquiring or dealing in timber responsible for payment

131   A person who acquires or deals in timber on which stumpage or royalty has not been paid must

(a) report the acquisition or dealing to a person designated by the minister, in a form required by the minister, not later than 10 days following the date on which the event occurred, and

(b) pay to the government all money payable to the government in respect of the timber under this Act or under an agreement entered into under this Act.

Removal permit

132   (1) The minister may order a person who has failed to pay money owing to the government by the date specified in a statement under section 130 (1) (a) to pay up to 10% of the fair market value, as estimated by the minister, of

(a) timber, or

(b) products manufactured from timber

that are from time to time located at the person's place of business.

(2) A person who is subject to an order under subsection (1) must not remove or dispose of timber, or any products manufactured from timber, that are from time to time located at the person's place of business unless

(a) the person complies with the order and receives a permit under subsection (3) for the timber, or the products manufactured from timber, that are removed or disposed of,

(b) the person is no longer in default, or

(c) the minister rescinds the order.

(3) On application the minister must issue a permit in respect of specific timber or specific products manufactured from timber to a person if satisfied that the person has paid the amount required under the order in respect of the specific timber or products.

(4) Amounts paid to the government under this section must be applied to the default.

Powers cumulative

133   (1) The powers in this Division for the government to recover money by proceeding in court, or by filing a certificate, and the powers of seizure and sale under the Forest and Range Practices Act, may be exercised separately, concurrently or cumulatively.

(2) The imposition of a fine or penalty on a person under this Act or the Forest and Range Practices Act does not affect the powers of the government in this Division.

Division 2 — Miscellaneous

Repealed

134   [Repealed 1999-10-17.]

Repealed

135   [Repealed 2003-31-64.]

Records and returns

136   (1) In this section, "fibre supply arrangement" means a contract or other arrangement for timber or wood residue to be regularly or periodically supplied to

(a) a timber processing facility in British Columbia, or

(b) a prescribed facility in British Columbia.

(2) This section applies to the following persons, unless exempted by regulation:

(a) the holder of an agreement under this Act;

(b) a person who harvests timber;

(c) a person who buys or sells timber;

(d) an operator of a timber processing facility;

(e) a party to a fibre supply arrangement;

(f) a prescribed person.

(3) A person referred to in subsection (2) must, in accordance with the regulations, if any, keep accurate records of the following, as applicable to the person:

(a) with respect to timber harvesting,

(i) the volume of timber harvested,

(ii) the nature and extent of silviculture carried out, and

(iii) the costs of each of the following:

(A) timber harvesting;

(B) transporting, by any means, harvested timber;

(C) constructing and maintaining logging roads and bridges;

(D) forest management administration;

(E) silviculture carried out;

(b) with respect to buying or selling timber,

(i) the volumes and prices of timber bought or sold,

(ii) the costs of buying and selling timber, and

(iii) sales information related to timber;

(c) with respect to timber processing facilities,

(i) the volumes of, and prices paid for, timber and wood residue acquired for the facility,

(ii) the volume of timber and wood residue processed at the facility,

(iii) the costs of processing timber and wood residue at the facility,

(iv) the volumes and prices of timber and wood residue distributed from the facility,

(v) sales information related to timber and wood residue produced at the facility, and

(vi) financial statements, prepared in accordance with generally accepted accounting principles;

(d) prescribed information in relation to fibre supply arrangements;

(e) other prescribed information.

(4) A person referred to in subsection (2) must report to the minister, in the form and manner and at the times required by the minister, information recorded under subsection (3).

(5) For the purposes of administering this Act, the following persons may inspect, at any reasonable time, a record kept under subsection (3):

(a) in the case of a record relevant to a BC timber sales agreement, a timber sales manager;

(b) in any case, a person designated by the minister.

Limits on disclosure of reported information

136.1   (1) Subject to subsection (2), a person employed in the ministry of the minister must not disclose the following information reported under section 136 (4):

(a) information described in section 136 (3) (a) (iii) and (b) to (d);

(b) if specified by regulation, information prescribed under section 136 (3) (e).

(2) Subsection (1) does not apply if the information is disclosed

(a) in accordance with a lawful requirement to disclose the information,

(b) with the consent of the person who reported the information,

(c) as part of a summary that presents the information in such a way that it cannot be connected with the person who reported it,

(d) for the purposes of administering this Act, or for a purpose under this Act, to a minister or a person employed in the government, or

(e) for use in a civil proceeding, administrative proceeding or arbitration that

(i) involves the government, and

(ii) relates to a matter under this Act.

(3) Contravention of subsection (1) is just cause for dismissal.

Information about security interests held in agreement

136.2   (1) In this section, "security interest" means an interest, in an agreement under this Act, that secures payment or performance of an obligation.

(2) On the request of the minister, a person who holds an agreement under this Act must provide to the minister, at the time specified by the minister, information in relation to any security interests in the agreement.

Information about affiliates of corporate agreement holders

136.3   (1) In this section, "affiliate" means an affiliate within the meaning of section 53 that is a person referred to in section 136 (2).

(2) On the request of the minister, a corporation that holds an agreement under this Act must provide to the minister, at the time specified by the minister, the following information about each affiliate of the corporation:

(a) the name of the affiliate;

(b) the incorporation number of the affiliate;

(c) the jurisdiction in which the affiliate is incorporated;

(d) prescribed information.

Entry on land

137   (1) The chief forester, a timber sales manager, a district manager, a forest officer authorized by any of them or any other person authorized by the chief forester

(a) for the purposes of the administration and enforcement of this Act, the regulations, or an agreement entered into under this Act, or

(b) to verify a statement made in an application for an agreement under this Act,

at all reasonable times may enter any land, but must not enter a dwelling without the consent of the owner or occupier.

(2) A peace officer has the powers of the minister under subsection (1) with respect to the enforcement of the provisions of this Act and the regulations respecting marine log salvage.

Repealed

138-139   [Repealed 2003-55-87.]

How notice or document may be served

140   (1) A notice or other document that the government is required or permitted to serve on a person under this Act may be served by giving it or a copy of it to the person as follows:

(a) if the person is an individual,

(i) by leaving it with the individual,

(ii) by leaving it at the individual's last or most usual place of residence with someone who is or appears to be at least 16 years of age, or

(iii) by mailing it by registered mail to the individual's last known postal address;

(b) if the person is a corporation

(i) by leaving it with

(A) a director, officer or manager of the corporation,

(B) a receptionist at a place of business of the corporation, or

(C) if the corporation is an extraprovincial company within the meaning of the Business Corporations Act, the corporation's attorney, if any, within the meaning of that Act,

(ii) by leaving it at the registered office of the corporation if the corporation is a company within the meaning of the Business Corporations Act or, if that office has been eliminated under section 40 of the Business Corporations Act, the address ordered by the court under section 40 (4) (b) of that Act, or

(iii) by mailing it by registered mail to

(A) the registered office of the corporation or, if that office has been eliminated under section 40 of the Business Corporations Act, the address ordered by the court under section 40 (4) (b) of that Act,

(B) if the corporation is an extraprovincial company within the meaning of the Business Corporations Act, the corporation's attorney, if any, within the meaning of that Act, or

(C) an address for service provided by the corporation;

(c) if the person is a municipal corporation, regional district or other local government body, by leaving it with or sending it by registered mail to the local government corporate officer, the deputy of that officer or some similar local government officer.

(2) A notice or other document that is mailed to a person by registered mail under subsection (1) is conclusively deemed to be served on the person on the eighth day after it is mailed.

(3) This section does not apply to a notice of assessment issued under Part 11.1.

Extension of time

141   Except with respect to the government, the minister may extend a time required for doing anything under this Act.

Personal liability

142   No person who is a

(a) peace officer,

(b) forest officer,

(c) district manager,

(c.1) timber sales manager,

(d) regional manager,

(e) chief forester, or

(f) member of the Forest Appeals Commission or an arbiter or a person exercising a power or performing a duty in connection with a mediation, arbitration or appeal provided for by regulation

is personally liable for loss or damage suffered by a person because of anything done or omitted in the exercise or purported exercise of a power under this Act or the Range Act unless it was done in bad faith.

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