2004 Legislative Session: 5th Session, 37th Parliament
FIRST READING

The following electronic version is for informational purposes only.
The printed version remains the official version.

HONOURABLE MIKE DE JONG
MINISTER OF FORESTS

BILL 33 -- 2004

FORESTS STATUTES AMENDMENT ACT, 2004

(continued)

 
 
Explanatory Notes

 
Forest Act

SECTION 1: [Forest Act, section 1]

• amends the definition of allowable annual cut to include community forest agreements, that will now refer to an allowable annual cut instead of to a "rate of timber harvesting";
• in the definition of BC timber sales agreement adds the references to "permit" and to paragraph (f.1);
• repeals definitions of expressions no longer used in the Act;
• adds the definition of objectives set by government;
• makes housekeeping changes to the definitions of operational plan and of pulpwood area.

SECTION 2: [Forest Act, section 6] removes the discretion to designate wilderness areas.

SECTION 3: [Forest Act, section 8] makes a change because community forest agreements will now refer to an allowable annual cut instead of to a "rate of timber harvesting".

SECTION 4: [Forest Act, section 12] removes the discretion of a district manager, a regional manager or the minister to enter into timber sale licences. This will now be in the sole discretion of the timber sales manager.

SECTION 5: [Forest Act, section 14]

• provides the option for a forest licence to specify either a timber supply area or tree farm licence area;
• requires a forest licence to specify a maximum volume of timber to ensure that the awarded volume is not exceeded if the term is extended.

SECTION 6: [Forest Act, section 16] in the provision respecting the surrender of tree farm licences, repeals a subsection that refers to procedures under section 34, a repealed provision.

SECTION 7: [Forest Act, section 19] adds the references to amendments in section 19 (6).

SECTION 8: [Forest Act, section 20] is consequential to the amendment made to section 12 of the Act by this Bill.

SECTION 9: [Forest Act, section 22]

• repeals the provision allowing timber sale licences to provide for cutting permits because that flexibility is no longer needed;
• makes a change as a consequence of the amendment made to section 12 of the Act by this Bill.

SECTION 10: [Forest Act, section 24.4] amends the provision that allows the addition of "timber sale licence allowable annual cut" to forest licences to clarify its application to one or more pre-existing licences.

SECTION 11: [Forest Act, section 24.9] makes a correction to provide that the date of conversion, of the referenced pre-existing licence, into a forestry licence to cut is the pre-existing licence's deemed date of surrender.

SECTION 12: [Forest Act, section 31] authorizes the regional manager to extend the term of a timber licence for up to 3 years on application of the licence holder and removes the discretion to do so without the consent of the licence holder.

SECTION 13: [Forest Act, section 33] corrects a cross reference

SECTION 14: [Forest Act, section 35] recasts section 35 (1) (h) for clarity and updates cross references.

SECTION 15: [Forest Act, section 35.1] amends section 35.1 of the Act to eliminate as unneeded the definition of forest resources and to refer to "objectives set by government" instead of to "higher level plans".

SECTION 16: [Forest Act, section 36] updates cross references.

SECTION 17: [Forest Act, section 39] adds the references to amendments in section 39 (6).

SECTION 18: [Forest Act, section 39.1] allows the minister to change the boundary or area of a tree farm licence with the consent of its holder.

SECTION 19: [Forest Act, section 41] substitutes a reference for the more recent of the 2 statutes.

SECTION 20: [Forest Act, section 43.1] repeals the definition of "botanical forest product", an expression that may be defined by regulation, if need be.

SECTION 21: [Forest Act, section 43.2] provides for the minister or a person authorized by the minister to invite applications for a probationary community forest agreement and to enter into such an agreement with the successful applicant.

SECTION 22: [Forest Act, section 43.5] repeals provisions relating to community forest pilot agreements as a consequence of the addition to the Act by this Bill of section 43.51 providing for the direct award of probationary community forest agreements.

SECTION 23: [Forest Act, sections 43.51, 43.52 and 43.53]

• provides for direct awards of probationary community forest agreements in the way that section 43.5 of the Act, partially repealed by this Bill, provided for community forest pilot agreements;
• provides for a change in a community forest agreement boundary or area;
• enacts a transitional provision because community forest agreements will now refer to an allowable annual cut instead of to a "rate of timber harvesting".

SECTION 24: [Forest Act, section 43.8] requires that a community salvage licence between the government and a first nation or its representative must contain the statement described.

SECTION 25: [Forest Act, section 44] recasts section 44, respecting inviting applications for and entering into woodlot licences with successful applicants, to provide for the Lieutenant Governor in Council to prescribe requirements for applications and the evaluation of applications.

SECTION 26: [Forest Act, section 45]

• doubles the amount of Crown land permitted in a woodlot licence area;
• substitutes a reference to the more recent of the 2 statutes;
• removes a cross reference as a consequence of the changes made to section 44 by this Bill;
• makes reference to objectives set by government.

SECTION 27: [Forest Act, section 47.3] corrects a typographical error.

SECTION 28: [Forest Act, section 47.4] corrects a cross-reference.

SECTION 29: [Forest Act, section 47.5]

• substitutes a reference to the more recent of the 2 statutes;
• recasts subsection (2) in order to no longer adopt by reference subsection (1) (a) and (b) but, instead include in subsection (2) paragraphs (b) and (d). In doing so the payment of stumpage and wastage is required whenever timber is harvested;
• in paragraph (c) incorporates, with changes to provide more precision and control, the subject matter covered in paragraph (c) of the present Act.

SECTION 30: [Forest Act, section 47.6]

• increases the volume of timber under a forestry licence to cut described in section 47.6 (2) (a) that the regional manager or district manager may enter into for the purposes described in section 47.6 (2) (a) or (b);
• expands section 47.6 (2) (c) of the Act by adding "or under the regulations";
• enables the regional manager or district manager to enter into forestry licences to cut for the removal of Crown timber from Crown land or private land;
• enables authorized forest officers to enter into forestry licences to cut described in subsection (2) (a) or (b) or (2.1) for a volume of timber not exceeding 500 m³;
• adds subsection (5) in relation to volumes of timber not exceeding 50 m³.

SECTION 31: [Forest Act, section 47.7] removes the references to cutting Crown timber as being irrelevant, given that it is the removal of the timber that triggers the requirement to pay stumpage assessments.

SECTION 32: [Forest Act, section 53]

• removes references to repealed provisions;
• expands the definition to include the descriptions of the deletion periods for forest licences entered into under section 19 of the Act and for 3 types of community forest agreements.

SECTION 33: [Forest Act, section 54.1] removes unnecessary words.

SECTION 34: [Forest Act, section 54.4] restricts the application of section 54.4 (1) (d) to a particular type of licence to cut.

SECTION 35: [Forest Act, section 58.1] amends section 58.1 of the Act

• to provide a deadline by which a request to waive the fee for extension of a timber sale licence or cutting permit must be submitted,
• to specify the content of the request, and
• to remove the restriction that the fee described is not refundable under the Financial Administration Act.

SECTION 36: [Forest Act, section 58.2]

• replaces the present section 58.2 (2) of the Act in order to directly provide, as set out in the replacement provision, for extension until March 31, 2007 of cutting permits that have terms expiring before March 31, 2007 and that were in effect on November 4, 2003;
• adds 2 new subsections to provide for a 2 year extension of cutting permits expiring on March 31, 2007, and for further 2 year extensions;
• adds the reference to a cutting permit in subsection (4).

SECTION 37: [Forest Act, section 58.3]

• amends section 58.3 of the Act so that the deposit forfeiture does not apply to timber sale licences advertised before November 4, 2003;
• and provides a deadline by which a request by the holder of a timber sale licence for relief from forfeiture of a deposit must be made and to specify the content of the request.

SECTION 38: [Forest Act, sections 60 to 60.95] repeals section 60 of the current Act for the purpose of reorganizing the subject matter of that section into discrete components each dealt with under its own section number, i.e., in the substituted sections 60 to 60.95. Headnotes descriptive of the subject matter of each section are provided.

Under this reorganization:

• sections 60 and 60.01 provide for certain deletions of Crown land from licences, where allowable annual cut is not affected;
• section 60.1 defines expressions for section 60.2 to 60.91;
• sections 60.2 to 60.3 re-enact and clarify the provisions authorizing the minister, for an access purpose or for another purpose, to delete land from the area of a tree farm licence, community forest agreement, woodlot licence or timber licence;
• section 60.4 re-enacts and simplifies the provision authorizing the minister to reduce the allowable annual cut of a forest licence or timber sale licence in order to use Crown land in a timber supply area for an access purpose or for another purpose;
• section 60.5 re-enacts and clarifies the notice requirements relating to deletions and reductions and, for deletions of Crown land as described in section 60.5 (2), in relation to oil and gas exploration, reduces the notice period from one year to 60 days;
• section 60.51 re-enacts the "deemed amendment" provision to reflect the re-enactment of section 60 of the present Act and the reorganization effected by this Bill and eliminates a redundant notice provision;
• sections 60.6 to 60.91:
  • re-enact and clarify the provisions that presently require the government to pay compensation for a deletion or a series of deletions of Crown land, or for a reduction or a series of reductions in allowable annual cut, that affect licences and agreements under the Act,
  • treat separately tree farm licences (in section 60.6), woodlot licences and community forest agreements (in section 60.7), timber licences (in section 60.8) and forest licences and timber sale licences (in section 60.9),
  • continues the present "5% rule" that limits compensation payable to the holder of a tree farm licence, as described in section 60.6 (4), of a woodlot licence or community forest agreement, as described in section 60.7 (4), of a timber licence, as described in section 60.8 (4), and forest licences and timber sale licences, as described in section 60.9 (4). Each of those provisions now refers to the "value of the harvesting rights" taken. Under section 151 (2) (m.2) (i) to (v) of the Act as amended by this Bill, regulations may be made respecting value for the purposes of sections 60 to 60.95, and
  • in section 60.91, continues to provide that the "5% rule" for deletions and reductions for access purposes must be applied separately from the same rule for deletions and reductions for another purpose;
• section 60.92 re-states the principle that holders of the referenced licences and of community forest agreements are entitled to compensation respecting certain improvements made to Crown land taken. This provision now refers to the "value of improvements". Under amendments to section 151 (2) of the Act, regulations may be prescribed respecting value;
• section 60.93 re-states section 60 (7) of the current Act respecting the application of the Commercial Arbitration Act, except it no longer allows the holder of a licence or community forest agreement to require that the arbitration be conducted by a panel of 3 persons;
• section 60.94 (1) recasts section 60 (8) of the current Act, allowing compensation to take the form of an agreement. Section 60.94 (2) is new;
• section 60.95 provides that the amount of compensation payable must be reduced by any financial benefit or other benefit received by that holder from the government arising out of the reduction or deletion that gives rise to the entitlement.

SECTION 39: [Forest Act, section 61] in the provision relating to temporary reductions in allowable annual cut, adds the reference to community forest agreement area.

SECTION 40: [Forest Act, section 70] improves readability, adds the references to community forest agreements and defines "soil disturbance" by reference to the Forest and Range Practices Act.

SECTION 41: [Forest Act, section 73] is consequential to this Bill adding the definition of "operational plan" to section 1 of the Act.

SECTION 42: [Forest Act, section 75.1]

• adds references to section 75.21 added by this Bill;
• adds a reference to a timber sale licence as defined in section 75.5.

SECTION 43: [Forest Act, section 75.2]

• requires that the volume harvested under licences with an original term of 5 years or less must not exceed a limit equal to the allowable annual cut described;
• over-rides the cut control limit for licences as defined.

SECTION 44: [Forest Act, section 75.21] provides a limit on the total cut for forestry licences to cut and community salvage licences and for a penalty for exceeding the limit.

SECTION 45: [Forest Act, section 75.4] extends the period in which the holder of a licence, as defined, who terminates a cut control period for the licence must deliver notice of termination of the first or a subsequent cut control period determined under section 75.4 of the Act.

SECTION 46: [Forest Act, section 75.41] in the provision respecting the cut control limit for major licences,

• adds a reference to a timber sale licence;
• over-rides the cut control limit for non-replaceable major licences.

SECTION 47: [Forest Act, section 75.5]

• makes the definitions of forest licence, timber sale licence and woodlot licence in section 75.1 applicable also for section 75.51;
• as a consequence of the addition of subsection (3.1), limits subsection (2) to a forest licence that is "not a replacement under section 15 for another forest licence" and limits subsection (3) to a woodlot licence that is "not a replacement under section 46 for another woodlot licence".

SECTION 48: [Forest Act, section 75.51] in the provision respecting cut control limits for "other licences",

• amends subsections (1) and (2) as a consequence of applying the definition of timber sale licence in section 75.5 of the Act as amended by this Bill;
• provides an overriding limit, as described, for non-replaceable licences.

SECTION 49: [Forest Act, section 75.92] removes a reference to a repealed provision.

SECTION 50: [Forest Act, section 75.93]

• adds the references to a timber sale licence to subsections (1) (a) and (3);
• adds paragraph (e) to apply subsection (1) to a woodlot licence, as described;
• makes section 75.2, "Limit on total cut for licences with a term of 5 years or less" applicable to certain types of licences that were in effect on January 1, 2003.

SECTION 51: [Forest Act, section 75.94] supplies a missing section cross reference.

SECTION 52: [Forest Act, section 76] makes amendments as a consequence of those made to section 78 of the Act by this Bill and adds the references to section 43.8 (g.1).

SECTION 53: [Forest Act, section 77] clarifies section 77 (1) of the Act, adds subsection (1) (a) and makes amendments that are consequential to those made to section 78 of the Act by this Bill.

SECTION 54: [Forest Act, sections 78 and 78.1]

• recasts section 78 as sections 78 and 78.1 dealing separately with powers of the timber sales manager and of the district manager;
• broadens the application of section 78 of the Act by substituting references to a "person" for the present references to a "BC timber sales enterprise" which was too narrow in relation to the timber sales managers disciplinary powers;
• specifies the district manager's disciplinary powers in relation to BC timber sales agreements and associated road use permits.

SECTION 55: [Forest Act, sections 80 and 80.01]

• clarifies that compensation includes damages for the purposes of sections 80 and 80.1 of the Act;
• updates the references to other provisions of the Act in section 80 of it, including by removing the reference presently in section 80 (a) to section60 (except as provided in it) as a consequence of the enactment of section 80.01 of the Act by this Bill;
• enacts section 80.01 to limit any compensation for deletions and reductions to that determined under sections 60 to 60.95 enacted by this Bill in replacement for the present section 60 of the Act.

SECTION 56: [Forest Act, section 80.2] amends the provision that pertains to determining compliance with the "Acts", as defined.

• The amendments provide a more specific focus on a particular licence (including a timber licence) in a group of licences that may be specified in a minister's order under the Forestry Revitalization Act;
• This is consequential to the amendments made to section 3 of the Forestry Revitalization Act by this Bill which allows the minister to reduce the volume of timber harvested under licences to which that Act applies by means of a series of reductions occurring over time, on different dates specified in the minister's order.

SECTION 57: [Forest Act, section 90] in section 90 of the Act, governing the transfer of timber marks, scaled timber brands or marine log brands, updates the language to reflect changes previously made to Division 2 of Part 4 of the Act.

SECTION 58: [Forest Act, section 103] amends the opening words of section 103 (3) (which requires payments additional to stumpage in the circumstances described) so that the provision will apply additionally in respect of timber that is removed.

SECTION 59: [Forest Act, section 105]

• provides for the policies and procedures relating to determining, redetermining or varying stumpage to require the submission of information as described;
• requires compliance with that requirement.

SECTION 60: [Forest Act, section 109]

• adds revenue derived from certain road permits to the list of revenue in section 109 of the Act that must be credited to the BC Timber Sales Account;
• amends the provision that authorizes expenditures out of the BC Timber Sales Account to substitute the reference to the Forest and Range Practices Act for the present reference to its predecessor, the Forest Practices Code of British Columbia Act.

SECTION 61: [Forest Act, section 112]

• provides for the calculation of annual rent in relation to community forest agreements in a manner consistent with the calculations in relation to tree farm licences and woodlot licences;
• updates terminology as a consequence of the amendment of section 8 of the Act by this Bill.

SECTION 62: [Forest Act, section 121.1] allows regional managers to authorize persons to act for them under Part 9 of the Act.

SECTION 63: [Forest Act, section 143] adds the references to section 112 (3) of the Act and removes a reference in paragraph (c) to a repealed provision, section 71 (1) (d).

SECTION 64: [Forest Act, section 146] re-enacts section 146 (2) of the Act to remove current paragraph (b) that referred to a provision that has been repealed, to re-letter paragraph (c) as (b) and to update references in paragraph (a).

SECTION 65: [Forest Act, section 151]

• repeals obsolete regulation making powers;
• enables regulations for the purposes of section 39.1 in regard to boundary and area changes for tree farm licences;
• enables regulations for the purposes of section 58.2 (2.1) and (2.2) in regard to extensions of cutting permits under that provision;
• repeals an unneeded regulation making power;
• in section 151 (2) (m.1) adds a reference to section 54.5, as a housekeeping change;
• adds regulation making powers as a consequence of the amendments made to sections 60 to 60.95 and section 175.2 of the Act by this Bill;
• provides a regulation making power respecting surrender of agreements;
• enables regulations made under the Act, that relate to sections 60 to 60.95 and section 175.2 of the Act, to be made retroactive to the date section 151 (9) of the Act, added by this Bill, comes into force, or to a later date specified by regulation.

SECTION 66: [Forest Act, sections 151.4 and 151.5] provides regulation making powers to adapt cut control provisions.

SECTION 67: [Forest Act, section 157]

• allows the holders of the described licences and their intended contractors to enter into new replaceable contracts;
• allows holders of contracts (as defined) and their intended subcontractors to enter into non-replaceable subcontracts;
• expands the discretion in the Lieutenant Governor in Council to prescribe requirements respecting contracts and subcontracts that are replaceable under the Act, the first being contracts between licensees and contractors and the second being contracts between contractors and subcontractors.

Section 157 (d) (iii) (B), respecting rights in certain contingencies not under the control of either party to a replaceable contract or subcontract, which provision presently refers to change required by government, will now refer also to changes required by licence holders. The other listed references to specific types of requirements in respect of which regulations may be made are new.

SECTION 68: [Forest Act, sections 157.1 and 157.2]

section 157.1:

• enables regulations to permit the parties to replaceable contracts to amend the contracts to provide that they are not replaceable,
• enables regulations to permit the parties to replaceable subcontracts to amend the subcontracts to provide that they are not replaceable, and
• provides that certain rights of subcontractors are not affected.

section 157.2:

• enables regulations to permit the parties to replaceable contracts to provide that specified provisions of regulations under sections 154 to157 are inapplicable in relation to the contracts,
• enables regulations to permit the parties to replaceable subcontracts to provide that specified provisions of regulations under sections 154 to 157 are inapplicable in relation to the subcontracts, and
• provides that certain rights of subcontractors are not affected.

SECTION 69: [Forest Act, section 163] adds the reference to section 105.1 to provide that a contravention of that section is an offence punishable by a fine not exceeding $500 000 or to imprisonment for not more than 2 years or to both.

SECTION 70: [Forest Act, section 163.1] makes corrections.

SECTION 71: [Forest Act, sections 168 and 169]

• adds the definition of "agreement";
• removes the "sunset date" of January 1, 2006 presently applicable to designations under Part 13 of the Act and establishes a maximum period during which an area of Crown land can continue to be a designated area under Part 13.

SECTION 72: [Forest Act, section 170] is consequential to addition of the definition of "agreement" in section 168 of the Act.

SECTION 73: [Forest Act, section 170] omits a redundancy.

SECTION 74: [Forest Act, section 173] in the provision dealing with the reduction of allowable annual cut as a result of a specification of a designated area, adds the references to community forest agreements.

SECTION 75: [Forest Act, sections 175.1 to 175.4] specifies the compensation payable to the holder of an agreement because of or arising out of the specification of a designated area or an order made under Part 13 of the Act. Under these sections:

• no compensation is payable for the first 4 year period;
• compensation is payable if the designation continues for more than 4 years to the holder of an agreement affected by the designation in an amount specified under section 175.2 (2). This provision refers to the "value of the harvesting rights" taken. Under section 151 (2) (m.2) (i) to (v) of the Act as amended by this Bill, regulations may be made respecting value for the purposes of section 175.2;
• the amount of compensation payable must be reduced by any financial benefit or other benefit received by that holder from the government arising out of the specification;
• compensation in respect of a specification of a designated area or an order made under Part 13 of the Act is limited to that determined under section 175.2 enacted by this Bill.

 
Forest and Range Practices Act

SECTION 76: [Forest and Range Practices Act, section 1] recasts the definition of "official" to enable employees of the Oil and Gas Commission to be designated as officials in specified provisions of the Act and regulations and to refer more generically to the relevant ministries.

SECTION 77: [Forest and Range Practices Act, section 2]

• adds the Minister of Sustainable Resource Management and the Minister of Water, Land and Air Protection to the list of those who may delegate powers and duties and adds references to "an agent of the Crown";
• makes applicable to government section 71 (1) for the purpose of a determination of whether the government has contravened a provision of the Acts, as defined.

SECTION 78: [Forest and Range Practices Act, section 4] expands the circumstances in which a person will not need to prepare a forest stewardship plan.

SECTION 79: [Forest and Range Practices Act, section 5] provides that it is the results and strategies, rather than the forest stewardship plan that contains them, that must be consistent with objectives set by government and certain other objectives under the Act.

SECTION 80: [Forest and Range Practices Act, section 7]

• adds references to results and strategies;
• adds to the list of exceptions to the rule in section 7 (1) of the Act that a forest stewardship plan must be considered to have received the minister's approval under section 16 (1) of the Act to certain parts of the plan;
• clarifies that community watersheds are established under the regulations rather than by the regulations.

SECTION 81: [Forest and Range Practices Act, section 8] repeals and replaces section 8 (1) of the Act to add the references to section 7 (1.1) (a) (iii), and to add clarity.

SECTION 82: [Forest and Range Practices Act, section 15] corrects a cross-reference, amends the definitions of "objective" to add paragraph (b) as shown and to remove a paragraph that refers to the Forest Practices Code of British Columbia Act.

SECTION 83: [Forest and Range Practices Act, section 16] amends section 16 of the Act respecting the approval of a forest stewardship plan, woodlot licence plan or amendment. Under these amendments:

• subsection (1) (b) and (c) are omitted as redundant, because they are covered by section 5 of the Act referred to in subsection (1) as amended;
• states circumstances in which a forest stewardship plan or amendment is considered to conform to section 5 of the Act and in which a woodlot licence plan or amendment is considered to conform to section 13 of the Act, both without the necessity of the minister making a determination;
• adds the reference to "Except in prescribed circumstances" in subsection (2.1);
• adds subsection (4) to allow the minister to require amendments to a plan that is proven not to have conformed, when originally approved as described to section 5 or 13 (in relation to prescribed subject matter), did not in fact so conform. The power to require the amendments applies only in respect of non-conformity in relation to subject matter referred to in subsection (1.01) (a) or (1.2) (a) and is not exercisable to redress non-conformity in relation to all other subject matter.

SECTION 84: [Forest and Range Practices Act, section 19] expands the circumstances in which an amendment to a forest stewardship plan is not required under section 8 of the Act, to include the circumstances described in paragraphs (a), (b) and (c).

SECTION 85: [Forest and Range Practices Act, section 22.1] adds a reference to the Pipeline Act in the provision that allows persons developing natural resources other than timber to use roads described in section 22.1 (2) of the Act.

SECTION 86: [Forest and Range Practices Act, section 22.2] corrects a cross-reference.

SECTION 87: [Forest and Range Practices Act, section 22.3] corrects a cross-reference.

SECTION 88: [Forest and Range Practices Act, section 25] recasts section 25 of the Act to apply only to "the spread of forest pests" and to allow exempted persons to follow a specified course of action to deal with forest pests.

SECTION 89: [Forest and Range Practices Act, section 29] is consequential to the addition of section 29.1 by this Bill.

SECTION 90: [Forest and Range Practices Act, section 29.1] expands the categories of persons who may transfer obligations to establish free growing stands, re- enacts section 29 (5) to (10) of the present Act which, with minor changes, become section 29.1 (1) to (6) and adds new subject matter in the form of the last 2 subsections of the new section 29.1.

SECTION 91: [Forest and Range Practices Act, section 30] respecting free growing stands for non-replaceable licences, adds a reference to forestry licence to cut in the definition of licence holder.

SECTION 92: [Forest and Range Practices Act, section 66] recasts section 66 (6) to provide that rescinding the order in question is mandatory if it was made on insufficient grounds and adds the additional ground for rescission in prescribed circumstances.

SECTION 93: [Forest and Range Practices Act, section 67] adds the requirement to provide the opportunity to be heard and corrects a typographical error.

SECTION 94: [Forest and Range Practices Act, section 74]

• provides for remediation orders, which at present may be made against holders of agreements under the Forest Act or the Range Act, to additionally be made against prescribed categories of persons;
• adds the requirement to provide the opportunity to be heard.

SECTION 95: [Forest and Range Practices Act, section 76] repeals the section of the Act that provides when administrative penalties or charges are due because the section is redundant in the light of section 130 of the Forest Act.

SECTION 96: [Forest and Range Practices Act, section 76.1] provides for extension of the due date for administrative penalties or other charges to take into account reviews and appeals.

SECTION 97: [Forest and Range Practices Act, section 77] broadens section 77 of the Act to include persons in prescribed categories. Section 77 is the section of the Act that provides for the minister's general power of intervention in order to require measures to avert probable impending contraventions causing adverse, forestry, environmental or public health impacts.

SECTION 98: [Forest and Range Practices Act, heading to Division 4] adds to the heading of Division 4 the references to corrections and reviews to more accurately reflect the content of the division.

SECTION 99: [Forest and Range Practices Act, section 78] adds a reference to "a stay without those conditions".

SECTION 100: [Forest and Range Practices Act, section 80]

• provides affected persons with a right to a review of determinations made under sections 112 (1) (a) or 155 (2) of the Act;
• amends subsection (2) to better reflect the preceding subsection.

SECTION 101: [Forest and Range Practices Act, section 83] corrects a cross-reference.

SECTION 102: [Forest and Range Practices Act, section 87]

• adds the reference to section 16 (5) as a consequence of the enactment by this Bill of amendments to section 16 of the Act by this Bill;
• adds the reference to section 58 (1);
• removes a reference to section 51 (6) from section 87 (4) as section 51 (6) was already listed as an offence under section 87 (3) (a).

SECTION 103: [Forest and Range Practices Act, section 97] corrects a typographical error.

SECTION 104: [Forest and Range Practices Act, section 106.1] adds a definition for sections 107 and 108 of the Act to clarify that those provisions apply in respect of existing plans under the Forest Practices Code of British Columbia Act during the transition period under Part 11 of the Act as amended by this Bill.

SECTION 105: [Forest and Range Practices Act, section 107]

• recasts, for clarity, section 107 of the Act, respecting limitations on liabilities to government of holders of agreements under the Forest Act and Range Act and certain other persons;
• provides that the minister is the decision maker, instead of the district manager;
• adds the references to the Range Act, makes additional provision for persons meeting "prescribed requirements" and adds an express requirement to provide to affected persons the reasons for determinations of the minister under section 107;
• identifies more precisely the application of section 107 of the Act in respect of the obligations mentioned.

SECTION 106: [Forest and Range Practices Act, section 108] allows the minister to grant the relief or funding in respect of an event that occurred on or after December 17, 2002 causing damage, instead of on or after January 31, 2004.

SECTION 107: [Forest and Range Practices Act, section 109] repeals a subsection that imposes too narrow restrictions on what can be disclosed in proceedings before a court. The narrowness of the repealed provision conflicts with the intent of the present section 109 (3), which adequately specifies limits on disclosure and provides the necessary exceptions.

SECTION 108: [Forest and Range Practices Act, section 112] requires compliance with orders, exemptions or conditions imposed under this Act.

SECTION 109: [Forest and Range Practices Act, section 113]

• is consequential to the amendments made to section 107 of the Act by this Bill;
• enables regulations and standards to specify circumstances in which the time required for performing an obligation may not be extended.

SECTION 110: [Forest and Range Practices Act, section 114]

• by means of the cross-reference to 'a minister referred to in the definition of "official" ', broadens the provision respecting evidence of a designation to include employees in the Oil and Gas Commission;
• adds subsection (2) respecting evidence of a delegation made by any of the 3 ministers referred to in that subsection.

SECTION 111: [Forest and Range Practices Act, section 116] removes a disincentive for persons taking appropriate remedial action after an offence or contravention under the Act has occurred.

SECTION 112: [Forest and Range Practices Act, section 120] makes section 120 (2) of the Act consistent with section 120 (1).

SECTION 113: [Forest and Range Practices Act, section 121] changes the cross-references to refer to sections 29.1 (1) or (3) as enacted by this Bill.

SECTION 114: [Forest and Range Practices Act, section 135] repeals section 135 (1) and (2) of the Act (which have not been brought into force) as being unnecessary and re-enacts section 135 (3) of the Act as section 135.

SECTION 115: [Forest and Range Practices Act, section 151] enables regulations respecting the transfer of obligations to establish free growing stands.

SECTION 116: [Forest and Range Practices Act, section 170] renames the council as the Forest and Range Practices Advisory Council and retains the existing regulatory discretion with respect to the council.

SECTION 117: [Forest and Range Practices Act, section 177.1] provides equivalency in respect of offences and the penalties applicable to them, for the period of transition from enforcement under the Forest Practices Code of British Columbia Act to enforcement under the Forest and Range Practices Act.

SECTION 118: [Forest and Range Practices Act, section 186] provides that Division 4, Part 11, [Transition for Operational Plans and Practices], is inapplicable in respect of holders of woodlot licences (as at present) and of licences to cut.

SECTION 119: [Forest and Range Practices Act, section 195] makes the provision respecting applications for cutting permits and road permits before a forest stewardship plan is approved applicable also to licences to cut.

SECTION 120: [Forest and Range Practices Act, section 197] provides flexibility in relation to the standards applicable to existing obligations for the area of a forest stewardship plan after its approval.

SECTION 121: [Forest and Range Practices Act, section 202] supplies a missing word.

SECTION 122: [Forest and Range Practices Act, section 203] provides that the general transition provision for licences to cut is inapplicable in respect of a licence to cut granted under a pulpwood agreement.

SECTION 123: [Forest and Range Practices Act, section 204] provides that the relevant requirements under the Forest Practices Code of British Columbia Act apply to a master licence to cut (as defined) whenever issued.

SECTION 124: [Forest and Range Practices Act, section 205] clarifies that the person, be it the holder or the district manager, who prepares a range use plan is the one responsible for any required amendments to, or replacement of, the plan.

SECTION 125: [Forest and Range Practices Act, section 214] includes the function of hearing complaints, as described, to the board's mandate and allows the board to request the minister to review an approval of, or the giving of effect to, a plan or amendment, as described.

SECTION 126: [Forest and Range Practices Act, section 215] includes the function of hearing complaints, as described, to the board's mandate.

 
Forest and Range Practices Amendment Act, 2003

SECTION 127: [Forest and Range Practices Amendment Act, 2003, various repeals] repeals various amendments to other enactments, which amendments are not in force and are no longer needed.

 
Forest Practices Code of British Columbia Act

SECTION 128: [Forest Practices Code of British Columbia Act, section 2] expands when the regulations may require a special use permit so that it may be required in respect of certain private land and of all Crown land rather than certain categories of Crown land.

 
Forest (Revitalization) Amendment Act, 2003

SECTION 129: [Forest (Revitalization) Amendment Act, 2003, section 9] repeals an unneeded transitional provision that has not been brought into force.

 
Forestry Revitalization Act

SECTION 130: [Forestry Revitalization Act, section 3] makes amendments to the provision that provides for "minister's orders" under the Forestry Revitalization Act. Under these amendments:

• subsection 3 (1) (a) and (b) of the current Act, applicable to timber licences, is split into subsections (1) and (1.1) to allow orders attributing a reduction in area, as described, to be made separately from orders specifying the area that remains after the reduction;
• allows the minister, for any timber licence, to accomplish a reduction in the area of the timber licence by means of one reduction or a series of reductions;
• allows the minister, for any licence in a group of licences, to accomplish a reduction in allowable annual cut of the licence by means of one reduction or a series of reductions;
• section 3 (5) is recast for clarification and to substitute a reference to March 31, 2003 (when sections 2 and 3 came into force) for the present references to coming into force.

SECTION 131: [Forestry Revitalization Act, section 6] makes amendments to the section 6 of the Act that provides for compensation under the Forestry Revitalization Act. These amendments:

• remove the requirement in each of subsections (1), (2) and (3) that compensation for the value of lost harvesting rights must be determined in accordance with the regulations. Each of those subsections now refers to the "value of the harvesting rights" taken. Under the existing section 13 (2) (b) of the Act, regulations may be made respecting value for the purposes of section 6;
• substitutes a reference to March 31, 2003 (when sections 2 and 3 came into force) for the present references to coming into force;
• repeals subsection (7) under which an arbitration is to be conducted by a panel of 3 unless the holder of a licence elects arbitration before a single arbitrator.

SECTION 132: [Forestry Revitalization Act, section 8] substitutes a reference to March 31, 2003 (when the Act received Royal Assent) for the present references to Royal Assent.

SECTION 133: [Forestry Revitalization Act, section 13]

• amends the regulation making power for selection of arbitrators as a consequence of the repeal of section 6 (7) of the Act by this Bill;
• enables regulations made under the Act to be effective on March 31, 2003, the date the Act came into force.

SECTION 134: [Forestry Revitalization Act, Schedule] makes corrections to the Schedule to ensure that the licences referred to in item 1 of the Schedule are correctly described and are listed under the appropriate group name, shown in bold type, for the group of licences to which the licences belong.

 
Forest Stand Management Fund Act

SECTION 135: [Forest Stand Management Fund Act, section 1] eliminates a subsection that refers to a repealed provision.

 
Forests Statutes Amendment Act, 1998

SECTION 136: [Forests Statutes Amendment Act, 1998, section 5] repeals a provision that has been superseded by the enactment of section 43.2 of the Forest Act by this Bill.

 
Protected Areas Forests Compensation Act

SECTION 137: [Protected Areas Forests Compensation Act, section 1] is consequential to the amendment made by this Bill.

SECTION 138: [Protected Areas Forests Compensation Act, section 3] provides that the revised compensation regime made to the Forest Act by this Bill will not affect the compensation payable to holders of licences under the Forest Act to which holders the Protected Areas Forests Compensation Act applies. Their compensation will continue to be governed by section 60 of the Forest Act as it read before being amended by this Bill.

SECTION 139: [Protected Areas Forests Compensation Act, section 4] is consequential to the amendment to section 3 of the Act by this Bill.

SECTION 140: [Protected Areas Forests Compensation Act, section 6] amends the section to refer to "compensation or damages" instead of just to compensation as a consequence of the repeal of the definition of compensation in section 1 of the Act.

SECTION 141: [Protected Areas Forests Compensation Act, section 7] includes damages in the definition of compensation added for this provision, as a consequence of the repeal of the definition of compensation in section 1 of the Act.

SECTION 142: [No application to settled claims of licence holders] ensures that the compensation amendments made to Part 13 of the Forest Act by this Bill do not affect a settlement reached before the amendments come into force.

SECTION 143: [No action or proceeding arising out of certain amendments under this Act] protects the government against proceedings claiming compensation or damages because of changes to the Forest Act as described.

SECTION 144: [Application of sections 60 to 60.95, 80, 80.1 and 151 (m.2) of the Forest Act]

• clarifies the application, on and after the effective date as defined, of the revised compensation regime made to the Forest Act by this Bill to the holder of an "agreement under the Forest Act" as defined;
• provides that the revised compensation regime made to the Forest Act by this Bill will not affect the compensation payable to the holder of an "agreement under the Forest Act". Their compensation will continue to be governed by section 60 of the Forest Act as it read before being amended by this Bill.

SECTION 145: [Application of Part 13 of the Forest Act as amended by this Act] clarifies the application, on and after the effective date as defined, of the revised compensation regime made to Part 13 of the Forest Act by this Bill to the holder of an "agreement" as defined;

SECTION 146: [Repeal of the Forest Practices Code of British Columbia Act] provides for the repeal of the parts of the Code that are still in use. Since this section comes into force by regulation it can be used to repeal specified provisions as and when needed.

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