1992 Legislative Session: 1st Session, 35th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
MINISTER OF FORESTS
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 (1) of the Forest Act, R.S.B.C. 1979, c. 140, is amended
(a) by repealing the definition of "farm woodlot licence",
(b) by repealing the definition of "management and working plan" and substituting the following definition:
"management plan" means a management plan approved under a tree farm licence, forest licence, timber sale licence or woodlot licence and includes a management and working plan approved before the coming into force of this definition; ,
(c) by repealing the definition of "public sustained yield unit", and
(d) in paragraph (c) of the definition of "small business forest enterprise revenue" by striking out "section 18" and substituting "section 18 (1) (e), (f) and (h), (2), (3) and (9)".
2 Section 6 is repealed and the following is substituted:
6 The minister may
(a) designate land as a timber supply area, and
(b) order the consolidation, division or abolition of timber supply areas or order their boundaries changed.
3 Section 7 is amended
(a) by repealing subsection (1) and substituting the following:
(1) The chief forester must determine an allowable annual cut before December 31, 1995, and after that determination at least once every 5 years after the date of the last determination, for
(a) the Crown land in each timber supply area, excluding tree farm licence areas and woodlot licence areas, and
(b) each tree farm licence area.
(1.1) If, after the coming into force of this subsection, the minister
(a) makes an order under section 6 (b) respecting a timber supply area, or
(b) amends or enters into a tree farm licence to accomplish the result set out under section 33.1 (1) (a) to (d),
then, with respect to that timber supply area or tree farm licence area, as the case may be, the chief forester is not required to make the determination under subsection (1) of this section before December 31, 1995, or within 5 years after the last determination, but is required to make the determination
(c) within 5 years after the order under paragraph (a) or the amendment or entering into under paragraph (b), and
(d) after the determination under paragraph (c), at least once every 5 years after the date of the last determination.
(1.2) When the chief forester determines an allowable annual cut for a tree farm licence area, any management plan that specifies an allowable annual cut for that area is conclusively deemed to be amended so that the allowable annual cut specified in the management plan is the same as the most recent one determined by the chief forester.
(1.3) In determining an allowable annual cut under this section the chief forester may specify portions of the allowable annual cut attributable to
(a) different types of timber and terrain in different parts of Crown land within a timber supply area or tree farm licence area,
(b) different types of timber and terrain in different parts of private land within a tree farm licence area, and
(c) gains in timber production on Crown land that are attributable to silviculture treatments funded by the Province, the federal government, or both. , and
(b) in subsection (3) by striking out "under subsection (1) (a) the chief forester shall consider" and substituting "under this section the chief forester, despite anything to the contrary in an agreement listed in section 10, shall consider".
4 The following section is added:
7.1 (1) The chief forester may require the holder of a tree farm licence to obtain and supply any information that the chief forester considers necessary in order to assist in the determination of an allowable annual cut for the area covered by the licence.
(2) The holder of the tree farm licence must supply the information at the time and in the form and manner required by the chief forester.
5 Section 8 is amended
(a) by repealing paragraph (a), and
(b) by renumbering the section as section 8 (1) and by adding the following subsection:
(2) The minister if permitted to do so under a tree farm licence may make available for granting under Divisions (2), (3) and (6) of Part 3, to persons other than the holder of the tree farm licence for the tree farm licence area, portions of the allowable annual cut determined for the tree farm licence area that have been specified by the chief forester under section 7 (1.3) (a) and (c).
6 Sections 12 (b), 14 (2) (b) and 15 (2) (b) are amended by striking out "a public sustained yield unit or".
7 Sections 12 (e), 13.1 (4), 25 (d), 27 (7), 27.1 (6), 33 (1) (b), 41 (9), 55.2 (2), 55.4 and 55.5 (1) and (2) are amended by striking out "management and working plan" wherever it appears and substituting "management plan".
8 Sections 12 (f), 13 (2) (c), 53 (1) (d), 54 (1) and 104 (1) (a) are amended by striking out "public sustained yield unit or" wherever it appears.
9 The following section is added to Part 3, Division (2):
15.2 (1) With the consent of the licensee the minister may
(a) consolidate 2 or more forest licences in the same timber supply area into a forest licence,
(b) partition or subdivide a forest licence into 2 or more forest licences in the same timber supply area,
(c) reduce the allowable annual cut under a forest licence and increase the allowable annual cut under one or more other forest licences in the same timber supply area by a volume equal to the reduction,
(d) amend or cancel a forest licence, and
(e) enter into one or more forest licences in the same timber supply area to implement any changes under this subsection.
(2) The allowable annual cut under all forest licences in a timber supply area must remain the same both before and after any changes under subsection (1).
(3) Notwithstanding section 12 (a) a forest licence that is amended or entered into under this section shall not expire later than the earliest expiry date of the forest licence it replaces or amends.
10 Section 17 (b) is repealed and the following substituted:
(b) shall describe
(i) an area of land within which Crown timber may be harvested, or
(ii) the location of logs which are being sold; .
11 Section 18 is amended
(a) by repealing subsections (1) (d) and (g), (7) and (8),
(b) in subsection (1) (e) by adding "and must be removed expeditiously to prevent that loss or destruction" after "destroyed",
(c) in subsection (2) by striking out "$500 or less." and substituting "$3 000 or less and the volume harvested is not greater than 300 m3.",
(d) in subsection (4) (a) (ii) by striking out "the public sustained yield unit or", and
(e) by adding the following subsection:
(9) The holder of a timber sale licence issued under subsection (3), the "original licence", may apply for and, subject to the original licence being surrendered, the regional manager or district manager and the applicant may enter into a non- replaceable timber sale licence having a volume not greater than 10 times the allowable annual cut of the original licence.
12 Section 28 (1) is amended
(a) in paragraph (d) by striking out "management and working plan" and substituting "management plan",
(b) by repealing paragraph (e) and substituting the following:
(e) subject to the provisions of this Act, 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; ,
(c) in paragraphs (g) and (g.1) by striking out "management and working plans" and substituting "management plans", and
(d) by repealing paragraph (g) (i) and substituting the following:
(i) the allowable annual cut the chief forester has determined under section 7; and .
13 Section 34 (1) (b) is amended by striking out "public sustained yield unit,".
14 Section 35 (d) is repealed and the following substituted:
(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; .
15 Section 41 is amended
(a) by repealing subsection (5) (b) and substituting the following:
(b) holds another woodlot licence. ,
(b) by striking out "and" at the end of subsection (6) (a) (i) and by repealing subsection (6) (a) (ii) and substituting the following:
(ii) the location and character of any private land, owned or held under lease by every applicant, contiguous to or in the vicinity of the area of Crown land described in the applications; and
(iii) other factors that the regional manager or district manager considers to be consistent with the goals of the woodlot licence program, ,
(c) by repealing subsection (6) (d) and substituting the following:
(d) designate 2 or more of the applications as eligible to proceed to competition under subsection (7) to decide which application will be granted. ,
(d) in subsection (7) (c) by adding ", if any, in the amount tendered" after "bonus", and
(e) in subsection (12) by striking out "or 44." and substituting "or entered into under section 44 before its repeal."
16 Section 42 is amended
(a) in paragraph (a) by striking out "subject to section 44,",
(b) in paragraph (b) by striking out "and 44",
(c) by repealing paragraph (d) and substituting the following:
(d) require its holder to pay to the Crown, in addition to other amounts payable under this Act and the regulations, stumpage under Part 7 in respect of Crown timber and a bonus, if any, in the amount tendered; , and
(d) in paragraph (f) by striking out "management and working plans" and substituting "management plans".
17 Section 44 is repealed.
18 Section 46 is amended
(a) by repealing subsection (1) and substituting the following:
(1) The district manager or a forest officer authorized by him or her may issue a free use permit to a person qualified under section 45. , and
(b) in subsection (2) (c) by striking out "an area not exceeding 65 ha;" and substituting "a volume not exceeding 50 m3;".
19 Section 49 (1) is amended
(a) in paragraph (d) of the definition of "deletion period" by striking out "or 44", and
(b) by adding the following definition:
"spouse" means each of 2 persons who
(a) are married to each other, or
(b) are living together as if married, having done so continuously throughout the immediately preceding 2 years; .
20 Section 50 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Notwithstanding section 61 but subject to this section, the minister without notice may cancel
(a) an agreement where, without the minister's prior written consent,
(i) the agreement or an interest in it is disposed of, except by way of security given in good faith,
(ii) the control of a corporation that holds the agreement, or of another corporation that, directly or indirectly, controls that corporation, changes or is acquired, or
(iii) a corporation that holds the agreement amalgamates with another corporation,
(b) a tree farm licence or woodlot licence where, without the minister's prior written consent, private land or an interest in it in the licence area is disposed of, except by way of security given in good faith, or
(c) an agreement, tree farm licence or woodlot licence where, without the minister's prior written consent,
(i) the agreement or an interest in it, or
(ii) private land or an interest in it in the tree farm or woodlot licence area,
as the case may be, is disposed of by disposition described in subsection (2) (d) to a person who holds the agreement, the private land or the interest for longer than the prescribed period or one or more further periods that the minister may grant in a particular case if the extension is not detrimental to the public interest. ,
(b) by adding the following subsection:
(1.1) In respect of an agreement that is a road permit, free use permit, Christmas tree permit or licence to cut, the minister may delegate to each regional manager, each district manager, or both, the minister's power to cancel the agreement on the grounds described in subsection (1) (a), together with the minister's power to give the prior written consent referred to in subsection (1) (a). ,
(c) in subsection (4) (a) and (b) by striking out "subsection (1) (a)" and substituting "subsection (1) (a) or (c)",
(d) by adding the following subsection:
(4.1) Subsection (4) does not apply to a disposition of an agreement by way of a beneficial transfer by the personal representative of a deceased person to
(a) the spouse of the deceased person,
(b) a child, grandchild or parent of the deceased person, or
(c) the spouse of a child or grandchild of the deceased person. , and
(e) by repealing subsection (9).
21 Section 54 (1) is amended by striking out "7 (1)" and substituting "7".
22 Section 55 (3) is amended by adding "or tree farm licence" after "forest licence".
23 Section 55.2 (3) is amended by striking out "or the applicable public sustained yield unit, as the case may be,".
24 Section 55.3 (3) is amended by striking out "or applicable public sustained yield unit".
25 Section 59 (2) (b) is amended by striking out "at least 14 days" and substituting "at least 5 days".
26 Section 61.1 is amended
(a) in paragraph (e) by striking out "for 2 years" and substituting "for a period not exceeding 2 years", and
(b) by adding the following paragraph:
(g) suspend, in whole or in part, rights in any timber sale licences held by that person.
27 Section 63 is amended
(a) by striking out "under section" and substituting ", or a reduction in an allowable annual cut as a result of a determination or a deeming, under section 7 (1) to (1.2),", and
(b) by striking out "44 (3)," and substituting "44 (3) before its repeal,".
28 Part 4 is amended by adding the following Division:
DIVISION (5) - ELIGIBILITY OF APPLICANTS
63.1 An application under this Act for an agreement listed in section 10 or for a permit under this Act not listed in that section may be refused if the applicant has not
(a) paid to the Crown by the due date under section 141 any money that is required to be paid by the applicant to the Crown, or
(b) made arrangements satisfactory to the official who has the discretion to approve the application or to enter into the agreement or issue the permit pursuant to the application.
29 The following section is added:
64.1 (1) A timber mark held under an agreement listed in section 10, whether issued before or after the coming into force of this section, expires, is suspended or is cancelled if, under this Act, the agreement expires, is suspended or is cancelled, as the case may be.
(2) A timber mark held under a certificate issued under section 66 before the coming into force of this section expires
(a) in 1997 on the anniversary of the issue date of the certificate if the holder is the owner of the land to which the timber mark pertains, or
(b) on June 30, 1993 if the holder is not the owner of the land to which the timber mark pertains.
(3) A timber mark held under a certificate issued under section 66 after the coming into force of this section expires on the fifth anniversary of the issue date of the certificate or, by consent of the applicant, on an earlier date specified in the certificate.
(4) Despite subsection (2) or (3), a timber mark held under a certificate issued under section 66 that is renewed after the coming into force of this section expires on the fifth anniversary of the renewal date or, by consent of the applicant, on an earlier date specified in the certificate.
30 Section 65 is repealed and the following substituted:
65 (1) Each of
(a) the holder of a timber mark, and
(b) a person acting with the consent of the holder of a timber mark
shall ensure that timber removed from Crown land or from private land has been conspicuously marked in the prescribed manner with the timber mark that pertains to that land.
(2) Where timber is floated in water or put into rafts in water, the person placing the timber in the water or putting it into rafts shall ensure that the timber mark is readily discernible when the timber is in the water.
(3) No person shall remove timber from Crown land or from private land unless the timber has been conspicuously marked in the prescribed manner with a timber mark.
(4) Before use of the timber in manufacturing, no person shall remove, obliterate or alter a timber mark that has been applied to timber.
(5) The regional manager, district manager or a forest officer authorized by either of them may exempt timber from subsection (1) or (3) and may attach conditions to the exemption.
31 Section 66 is repealed and the following substituted:
66 (1) On application in a form required by the minister, and on payment of the fee, if any, required by the minister, the registrar must issue to the owner of the land a certificate or renewal certificate that describes a timber mark and identifies the land to which it pertains, and may attach conditions to the certificate.
(2) On application by the holder of a timber mark, the registrar may approve the use of a timber mark for timber cut on land owned by the applicant other than the land that was originally described in the certificate and must amend the certificate issued under subsection (1) and the timber mark register accordingly.
(3) After giving the holder of a timber mark an opportunity to be heard, the registrar may cancel a certificate or renewal certificate issued under this section and the timber mark described in it
(a) if the holder of the timber mark contravenes a provision of Part 5 or 6, or
(b) for other sufficient cause.
32 The following sections are added:
66.1 (1) Each of
(a) the holder of a scaled timber brand, and
(b) a person acting with the consent of the holder of a scaled timber brand
shall ensure that timber removed from the scale site to which the scaled timber brand pertains has been conspicuously marked in the prescribed manner with that scaled timber brand.
(2) No person shall remove scaled timber from a scale site unless the timber has been conspicuously marked in the prescribed manner with a scaled timber brand.
(3) The regional manager, district manager or a forest officer authorized by either of them may exempt scaled timber from subsection (1) and may attach conditions to the exemption.
(4) Before use of the timber in manufacturing, no person shall remove, obliterate or alter a scaled timber brand that has been applied to timber.
66.2 (1) On application by the scale site operator in a form required by the minister, the regional manager, district manager or a forest officer authorized by either of them must issue to the applicant a certificate that describes a scaled timber brand and identifies the scale site to which it pertains, and may attach conditions to the certificate.
(2) After giving the holder of a scaled timber brand an opportunity to be heard, the regional manager may cancel a certificate issued under subsection (1) and the scaled timber brand described in it
(a) if the scale site operator contravenes a provision of section 159 (b) or Part 5 or 6, or
(b) for other sufficient cause.
33 Section 69 is amended
(a) by repealing subsection (1) and substituting the following:
(1) No person shall use a timber mark, scaled timber brand or marine log brand without the consent of the holder. ,
(b) in subsection (2) by striking out "timber mark or", and
(c) by adding the following subsection:
(3) Each of
(a) a timber mark held under a certificate issued under section 66 and the certificate, and
(b) a scaled timber brand held under a certificate issued under section 66.2 and the certificate,
whether issued before or after the coming into force of this subsection, is not transferable.
34 Section 73 is amended
(a) in subsections (1) (a) and (b) and (2) by striking out "regional manager or district manager" and substituting "regional manager, district manager or a forest officer authorized by either of them",
(b) by repealing subsection (2.2) and substituting the following:
(2.2) Each of
(a) the owner of a scale site,
(b) the operator of a scale site, and
(c) the person whose timber is scaled under this Part
shall ensure that the parcel or lot of timber that has been most recently scaled by each of the scalers employed at the site is retained at the site and made accessible for check scale by a licensed scaler who is a forest officer. , and
(c) by repealing subsection (3) and substituting the following:
(3) The regional manager, district manager or a forest officer authorized by either of them may exempt timber from this section and may attach conditions to the exemption.
35 Section 75 is repealed and the following substituted:
75 (1) Each of
(a) the owner of a scale site,
(b) the operator of a scale site,
(c) the person whose timber is scaled under this Part, and
(d) the person who performs the scale
shall ensure that
(e) the scale details are recorded in the prescribed form and retained in that form at the scale site, and
(f) a scale return in the prescribed form is completed and delivered within the prescribed time to the person whose timber is scaled and to the regional manager or district manager.
(2) If the scale return referred to in subsection (1) (e) is not completed and delivered to the regional manager or district manager within the time prescribed for the purpose of that subsection, then
(a) a person who is liable to pay stumpage or royalty on the timber for which the scale return is required shall pay, if the return is delivered
(i) during the first month immediately following the due date of the return, a penalty equal to the greater of
(A) $100, or
(B) the prescribed percentage, not more than 5%, of the amount of the stumpage or royalty,
(ii) during the second month immediately following that due date, a penalty equal to the greater of
(A) $100, or
(B) the prescribed percentage, not more than 7.5%, of the amount of the stumpage or royalty, and
(iii) at any time after the second month immediately following that due date, a penalty equal to the greater of
(A) $100, or
(B) the prescribed percentage, not more than 10%, of the amount of the stumpage or royalty, and
(b) if no stumpage or royalty is payable on the timber, the person whose timber was scaled under this Part shall pay a penalty of $100.
(3) For the purpose of section 142 the penalty imposed by subsection (2) (a) or (b) is money payable to the Crown in respect of the timber.
(4) If, according to a check scale referred to in section 73 (2.2), the volume or value of the parcel or lot of scaled timber computed from the check scale details varies by more than a prescribed percentage from the volume or value computed from the original scale details, then the check scale governs for all purposes of this Act and the regulations.
(5) The regional manager, district manager or a forest officer authorized by either of them may order that subsection (4) does not apply in respect of a check scale if satisfied that the original scale was performed in accordance with good scaling practices and the differences between it and the check scale are attributable to the condition of the timber.
(6) When and as directed by the regional manager, district manager or a forest officer authorized by either of them, each of
(a) the owner of a scale site,
(b) the operator of a scale site,
(c) the person whose timber is scaled under this Part, and
(d) the person who performs the scale
shall ensure that the check scale details are incorporated in the scale return submitted under subsection (1) (e).
(7) If the regional manager estimates that the annual volume of timber scaled at a scale site will exceed the prescribed volume, he or she may order the owner or operator of the scale site to enter into an arrangement to deliver, by electronic means to the ministry, the scale returns required under this section.
36 Section 78 (3) is amended by striking out "regional manager or a district manager" and substituting "regional manager, district manager or a forest officer authorized by either of them".
37 Section 129.3 is amended by adding the following subsections:
(5) A holder of a major licence or a woodlot licence who contravenes section 138 (1) shall, at the holder's own expense and in accordance with
(a) the regulations, and
(b) a silviculture prescription approved under this section,
carry out basic silviculture on the land from which any timber was harvested in trespass.
(6) The district manager shall not approve a silviculture prescription under this section unless
(a) the prescription is signed and sealed by a professional forester,
(b) the prescription complies with the regulations, and
(c) the district manager is satisfied that the measures included in the prescription are adequate to ensure the carrying out of basic silviculture.
38 Section 132 (4) is amended by adding "no longer meets the prescribed qualifications or" after "the holder of a log salvage permit".
39 Section 138 is amended by adding the following subsection:
(3) It is not a defence to a prosecution under subsection (1) that the defendant had the right to cut, remove, damage or destroy timber on private land adjacent to the Crown land and did not know the boundaries of the private land.
40 The following section is added:
138.1 (1) An owner or occupier of private land adjacent to Crown land shall not authorize another person to cut or remove timber from the private land without first having informed that other person of the boundaries of the private land.
(2) No person shall cut or remove timber from private land adjacent to Crown land without first having ascertained the boundaries of the private land.
41 Section 139 is amended
(a) by repealing subsection (1) (a) (i) and substituting the following:
(i) royalty or stumpage under Part 7 at the rates of royalty or stumpage payable at the time of cutting, removal, damage or destruction contrary to section 138 (1) or, if that time is not known to the ministry, at the time when the cutting, removal, damage or destruction became known to the ministry, ,
(b) by striking out "and" at the end of subsection (1) (a) and by repealing subsection (1) (b) and substituting the following:
(b) seize or authorize a forest officer to seize the timber, and
(c) sell by public or private sale timber seized under paragraph (b). , and
(c) by repealing subsection (1.1) and substituting the following:
(1.1) An average bonus bid shall be calculated by a regional manager or district manager by averaging all the bonus bids, including zero bonus bids, that are
(a) accepted during the 12 months immediately preceding the time of the cutting, removal, damage or destruction contrary to section 138 (1) or, if that time is not known to the ministry, during the 12 months immediately preceding the time when the cutting, removal, damage or destruction became known to the ministry, and
(b) tendered in respect of timber sold under section 16 in
(i) the timber supply area or tree farm licence area, or both, or
(ii) the portion of a timber supply area or of a tree farm licence area, or both,
that the regional manager or district manager considers appropriate.
42 Section 143 (1), (2), (5) and (6) is repealed and the following substituted:
(1) The regional manager, a district manager or a forest officer authorized by either of them may seize one or more of the following:
(a) any of the following on which the Crown has a lien under section 141 (1) (d): timber; lumber; veneer; plywood; pulp; newsprint; special forest products; wood residue and chattels;
(b) timber that, on reasonable and probable grounds, he or she believes has been removed from land in contravention of section 65 (1) or (3);
(c) timber that, on reasonable and probable grounds, he or she believes
(i) has not been scaled under section 73 and is being or has been transported to a place other than the place where it is required to be sent for scaling,
(ii) is in course of transit outside the Province in contravention of section 135,
(iii) is mixed with timber to which subparagraph (i), (ii), (iv) or (v) or paragraph (a) or (b) applies,
(iv) is being or has been transported in contravention of the regulations, or
(v) has not been scaled under section 73 and is being or has been used in manufacturing;
(d) any product that, on reasonable and probable grounds, he or she believes has been manufactured from timber that has not been scaled under section 73;
(e) a vehicle or vessel in which is found, or that is towing, timber to which paragraph (a), (b) or (c) applies or any product to which paragraph (d) applies.
(2) Timber, chattels or products seized under subsection (1) (a) to (d) may be sold by the Crown at a public auction.
(5) Where timber or products seized under subsection (1) (b) or (c) (i), (ii), (iv) or (v) or (d) are sold, the total proceeds shall be paid into the consolidated revenue fund.
(6) A vehicle or vessel seized under subsection (1) (e) shall be released from seizure once the timber is delivered to a location specified by the regional manager, district manager or a forest officer authorized by either of them.
43 Section 150 is amended
(a) in subsection (1) (a) by striking out "to administer this Act," and substituting "for the purposes of the administration and enforcement of this Act,",
(b) in subsection (1) by repealing everything after paragraph (b) and substituting "at all reasonable times may enter any land, but must not enter a dwelling without the consent of the owner or occupier." , and
(c) by repealing subsection (3).
44 The following sections are added:
150.1 For the purposes of this Act and the regulations, a forest officer may stop and inspect any vehicle or vessel, if the forest officer has reason to believe that the vehicle or vessel is transporting timber or special forest products, and, at the request of the operator or owner of the vehicle or vessel, the forest officer must produce proof of identity.
150.2 The operator of a vehicle or vessel must stop the vehicle or vessel when required to do so by a forest officer who
(a) is in uniform,
(b) displays his or her official badge, or
(c) is in or near a vehicle that is readily identifiable as a forest service vehicle.
45 Section 158 (2) is amended by adding the following paragraph:
(f.1) the transportation of timber after harvesting, including but not limited to
(i) prescribing records that must accompany the timber during transportation,
(ii) requiring the production of the records for inspection by a forest officer, and
(iii) empowering a forest officer to designate the site where timber must be scaled; .
46 Section 159 is amended
(a) by repealing paragraph (a) and substituting the following:
(a) to contravene section 5.1 (3) or (4), 5.2 (2), 7.1 (2), 65 (1), (2), (3) or (4), 66.1 (1), (2) or (4), 69 (1) or (2), 73 (1) or (2.2), 74 (1), 75 (1) or (6), 98, 99, 129.3 (1) or (5), 132 (1), 133, 134 (2), 138 (1), 138.1 (1) or (2), 140 (1), 142.1, 147 (1) or (2), 149 (1) or (3) or 150.2; , and
(b) in paragraph (b) by adding "or scaled timber brand" after "marine log brand".
47 Section 164 is amended by renumbering the section as section 164 (1) and by adding the following subsection:
(2) A prosecution for an offence under any provisions of the regulations that are
(a) made under section 158 (2) (o), (p) or (q), and
(b) specified by regulation for the purpose of this section
may be commenced at any time within 2 years after the commission of the offence.
48 No compensation is payable by the Crown and no proceedings shall be commenced or maintained to claim compensation from the Crown or to obtain a declaration that compensation is payable by the Crown in respect of
(a) a reduction in value of anything, or
(b) any loss or damages
because of the effect of the amendments to the Forest Act made by sections 3 and 12 (d) of this Act.
49 This Act comes into force by regulation of the Lieutenant Governor in Council.
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