1998/99 Legislative Session: 3rd Session, 36th Parliament
THIRD READING


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 June, 1999
Ian D. Izard, Law Clerk


HONOURABLE DAVID ZIRNHELT
MINISTER OF FORESTS


BILL 68 -- 1999

FOREST AMENDMENT ACT, 1999

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 8 (5) of the Forest Act, R.S.B.C. 1996, c. 157, is amended

(a) by striking out "and" at the end of paragraph (b) and by adding "and" at the end of paragraph (a), and

(b) by repealing paragraph (c).

2 Section 10 (2) is amended by striking out "under section 8 (5) (a) and (c)" and substituting "under section 8 (5) (a)".

3 The following section is added:

Consolidation of timber licences

29.1 (1) With the consent of the holder of a timber licence, the regional manager may consolidate 2 or more timber licences into a timber licence and, to achieve the consolidation, may do any of the following:

(a) partition or subdivide a timber licence into 2 or more timber licences;

(b) delete all or part of the licence area from a timber licence and add the deleted area to the licence area of another timber licence;

(c) cancel a timber licence if the area covered by the licence has been added to the licence area in another timber licence;

(d) amend a timber licence;

(e) enter into one or more timber licences covering the same land as was covered in the licences being consolidated, subdivided or partitioned.

(2) A timber licence that is amended or entered into under this section must not expire later than the latest expiry date of the timber licences it replaces or amends.

4 Section 45 (a) is amended by striking out "term not exceeding 15 years" and substituting "term not exceeding 20 years".

5 Section 46 is amended

(a) in subsection (1) by striking out "the fourth anniversary" and substituting "the ninth anniversary",

(b) in subsection (3) (a) (i) by striking out "the fifth anniversary" and substituting "the 10th anniversary",

(c) in subsection (3) (c) by striking out "and any change in the boundary or area made by the district manager or regional manager under subsection (4)", and

(d) by repealing subsection (4).

6 The following sections are added to Division 8:

Change in area or boundary

47.1 Subject to section 45 (b) (ii), the district manager or regional manager, if permitted by the regulations and in accordance with the regulations, and with the consent of the holder of a woodlot licence, may change the boundary or area of the woodlot licence.

Woodlot licence term -- transition

47.2 (1) Subject to subsection (2), on the coming into force of this section

(a) despite anything to the contrary in a woodlot licence, the term of the woodlot licence is 20 years, and

(b) for the purposes of section 46 (3), the original term of the woodlot licence referred to in paragraph (b) of that section is 20 years.

(2) Subsection (1) does not apply to a woodlot licence that

(a) provides that a replacement for it must not be offered,

(b) section 46 (8) applies to, or

(c) is subject, on the coming into force of this section, to an offer of replacement under section 46 and the offer is rejected by the holder of the woodlot licence.

(3) On the coming into force of this section, despite anything to the contrary in an offer to replace a woodlot licence under section 46, the term of the following replacement woodlot licences is 20 years:

(a) a replacement woodlot licence that has been offered under section 46 and the offer has not been accepted;

(b) a replacement woodlot licence that has been accepted under section 46 (6) but whose term has not yet commenced.

(4) This section is repealed on July 1, 2009.

7 Section 48 (1) is amended by adding the following paragraph:

(a.1) a person who requires a Christmas tree for their personal use and not for sale to others, .

8 Section 54 (2) and (4) is repealed and the following substituted:

(2) The minister may delegate to one or more regional managers and district managers, with or without restrictions, the minister's authority to give prior written consent under subsection (1) with respect to any of the following:

(a) woodlot licences;

(b) road permits;

(c) free use permits;

(d) Christmas tree permits;

(e) licences to cut;

(f) timber sale licences, except timber sale licences that have an allowable annual cut greater than 10 000 m3.

(4) The minister or the minister's delegate may attach conditions to a consent given under subsection (1), and the person who is the subject of the consent must comply with the conditions.

9 Section 55 (4) is repealed and the following substituted:

(4) In this section, for agreements that are within the jurisdiction of a delegate under section 54, a reference to the minister includes the minister's delegate.

10 Section 60 (9) is amended by striking out "and its holder must enter into an agreement with the government, evidencing the amendment." and substituting ", and the district manager must serve the holder with a notice, evidencing the amendment."

11 Section 66 (9) is amended by striking out "and its holder must enter into an agreement with the government, evidencing the amendment." and substituting "and the district manager must serve the holder with a notice, evidencing the amendment."

12 Section 80 (c) is amended by striking out "R.S.B.C., 1979 c. 140:" and substituting "R.S.B.C. 1979, c. 140:".

13 Section 85 is repealed and the following substituted:

Applications

85 (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

(a) issue, to the owner of the private land, a certificate or renewal certificate that describes a timber mark and identifies the private land to which the certificate pertains, and

(b) issue, to an agent of the government or a private utility company, a certificate or renewal certificate that describes a timber mark and identifies the agent or company to which the certificate pertains, if the registrar is satisfied that the agent or utility has the authority to harvest the timber from the land to which the application relates.

(2) The registrar may attach conditions to the certificate, and the holder of the certificate must comply with those conditions.

(3) On application by the holder of a certificate, the registrar may approve the use of a timber mark described in the certificate,

(a) in the case of a certificate issued under subsection (1) (a), for timber cut on land owned by the applicant other than the land that was originally described in the certificate, and

(b) in the case of a certificate issued under subsection (1) (b), for timber on land other than that described in the original application for the certificate, if the registrar is satisfied that the agent or utility has the authority to harvest the timber from the land in respect of which an application is made under this subsection.

(4) If the registrar exercises his or her powers under subsection (3), the registrar must amend accordingly the certificate issued under subsection (1) and the timber mark register.

(5) 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.

14 Section 95 (6) is amended by striking out "A regional manager," and substituting "The regional manager or district manager,".

15 Section 105 (1) is amended by striking out "referred to in subsection (1) (b)" and substituting "referred to in paragraph (b)".

16 Section 111 is amended

(a) in subsection (1) by striking out "a forest licence, timber sale licence," and substituting "a timber sale licence that has an allowable annual cut greater than 10 000 m3, forest licence,", and

(b) by repealing subsection (3).

17 Section 134 is repealed.

18 Section 151 (2) is amended

(a) by repealing paragraph (b),

(b) in paragraph (m) by striking out "section 46 (4);" and substituting "section 47.1;", and

(c) by repealing paragraph (o).

19 Section 157 (c) is amended by striking out "purpose of section" and substituting "purpose of sections".

20 Section 163 (a) is amended

(a) by striking out "95 (1) and (7)," and substituting "95 (1) or (7),", and

(b) by striking out "134 (1) or (2),".

21 Sections 4 and 5 of the Supplement to the Forest Act are repealed.

22 Section 151.1 of the Forest Act as consolidated in section 7 of the Supplement is amended

(a) in subsection (2) (a) and (b) by striking out "forest district," and substituting "forest district or forest region,",

(b) by repealing subsection (2) (c) and substituting the following:

(c) consolidate 2 or more forest districts or 2 or more forest regions. ,

(c) by adding the following subsection:

(3.1) A forest region established under subsection (2) is a forest region for the purposes of section 2 (1) (c) of the Ministry of Forests Act. ,

(d) in subsection (4) by adding "or forest regions" after "forest districts",

(e) in subsection (7) by striking out "Custodian of the Forest Cover Map Database." and substituting "Custodian of the Forest Administrative Boundaries Database.", and

(f) in subsections (5) and (8) by adding "or forest region" after "forest district".

Commencement

23 (1) Sections 4 to 6 and 18 (a) and (b) come into force by regulation of the Lieutenant Governor in Council.

(2) Section 16 comes into force on January 1, 2000.


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