1993 Legislative Session: 2nd Session, 35th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 8th day of April,
Ian D. Izard, Law Clerk.
HONOURABLE DAVID ZIRNHELT
MINISTER OF ECONOMIC DEVELOPMENT,
SMALL BUSINESS AND TRADE
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 20 of the Job Protection Act, S.B.C. 1991, c. 4, is repealed and the following substituted:
20 (1) This Act, except this section, is repealed on April 12, 1995.
(2) Notwithstanding the repeal effected by subsection (1), the repeal does not affect an economic plan or agreement that has force and effect under section 9, and this Act shall be deemed to remain in force to the extent necessary to give the economic plan and the agreement force and effect according to their tenor.
2 Section 50 (11) of the Forest Act, R.S.B.C. 1979, c. 140, is repealed and the following substituted:
(11) Subsection (10) and this subsection are repealed on April 12, 1995.
3 Section 55.1 (6) is amended
(a) by striking out "a licence" and substituting "an agreement", and
(b) by striking out "licensee" and substituting "holder of the agreement".
4 Section 56.01 is repealed and the following substituted:
56.01 (1) Where
(a) an owner or operator of a timber processing facility closes it or reduces its production,
(b) the closure or reduction continues or, in the opinion of the minister, will continue for a period longer than 90 days, and
(c) the owner or the operator or any affiliate of either of them is the holder of one or more agreements that are replaceable under this Act, then at any time within 12 months after the closure or reduction, if the minister considers action under this subsection to be in the public interest, taking into account the economic and social objectives of the Crown for the local area of the timber processing facility,
(d) the minister may require the regional manager to determine the difference between
(i) the average annual volume of timber from Crown land that was processed through that timber processing facility during the 24 months immediately before the closure or reduction, and
(ii) the average annual volume of timber from Crown land that would have been processed through that timber processing facility during the 24 months immediately before the closure or reduction if the closure or reduction had been in effect throughout that 24 month period, and
(e) in a notice served on the holder of the agreement or agreements, as the case may be, the minister may reduce the allowable annual cut specified by or under the agreement or agreements by a total volume not greater than the difference in the average annual volume determined under paragraph (d).
(2) In determining whether to make a reduction, or in determining the amount of a reduction, under subsection (1) (e), the minister must consider the extent to which the difference in average annual volume calculated under subsection (1) (d) is attributed to
(a) reductions under section 7, 50, 54 or 170 of the Forest Act in allowable annual cut,
(b) the fact a non-replaceable agreement under section 10 of the Forest Act has expired,
(c) reductions in the volume specified in a pulpwood agreement,
(d) the making of an order under section 167 or 168 of the Forest Act,
(e) the fact that a strike or lock out has occurred, or
(f) an interruption in the supply of logs to the timber processing facility caused by
(i) a fire, flood or other natural cause, or
(ii) a forest closure under section 115 of the Forest Act.
(3) Where the allowable annual cut specified under a tree farm licence has been reduced under subsection (1), Crown timber that
(a) is within the area of the tree farm licence, and
(b) is not within the area of a timber licence is available for disposition under this Act, in an annual volume that does not exceed the reduction, to persons other than the holder of the tree farm licence.
(4) An agreement is deemed to be amended to the extent provided in a notice served under subsection (1) on the holder of the agreement, and, in the case of a tree farm licence, also to the extent provided in subsection (3).
(5) This section and section 63 apply to an agreement that is the subject of a notice served under subsection (1) of this section whether the agreement was or is issued before, on or after April 12, 1991.
5 Section 154 (2) (b) is amended by striking out "56.01 (1) (c)," and substituting "56.01 (1) (d),".
6 (1) Order in Council 309/93 appointing a Job Protection Commissioner under section 3 of the Job Protection Act is hereby validated and confirmed effective April 12, 1991.
(2) All things purporting to have been done since April 12, 1991 by the person appointed by Order in Council 309/93 in the capacity of Job Protection Commissioner under the Job Protection Act shall be conclusively deemed to have been validly done in that capacity.
(3) This section is retroactive to the extent necessary to give it full force and effect and shall not be construed as lacking retroactive effect in relation to any matter because of not making specific reference to that matter.
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