1993 Legislative Session: 2nd Session, 35th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
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1 Section 20 of the Job Protection Act, S.B.C. 1991, c. 4, is repealed and the following substituted:
20 (1) This Act, except this section, is repealed on April 12, 1995.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2 Section 50 (11) of the Forest Act, R.S.B.C. 1979, c. 140, is repealed and the following substituted:
(11) Subsection (10) and this subsection are repealed on April 12, 1995.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4 Section 56.01 is repealed and the following substituted: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, the general region and the Province,
(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) 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.
(3) 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 (2).
(4) 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.
SECTION 1: postpones until April 12, 1995 the day on which the Job Protection Act will be repealed by the operation of its "sunset provision", section 20.
In addition, section 1 of this Bill removes from the Job Protection Act the "sunset provisions" relating to sections 55.1 (6), 56.01 and 154 (2) (b) of the Forest Act. The "sunset provisions" for those sections of the Forest Act are not being replaced, which means that sections 55.1 (6) and 56.01 of the Forest Act, as amended by sections 3 and 4 of this Bill, will remain in force after the repeal of the Job Protection Act on April 12, 1995.
SECTION 2: re-enacts the "sunset provision" for section 50 (10) and (11) of the Forest Act to coincide with the new "sunset" date for the Job Protection Act.
SECTION 3: Section 55.1 (6) of the Forest Act provides for exemptions from certain cut control penalties which would otherwise result from actions taken under section 56.01 of the Forest Act.
Section 3 of this Bill amends section 55.1 (6) to refer to an agreement instead of to a licence.
SECTION 4: Section 56.01 of the Forest Act in its present form empowers the minister to reduce the allowable annual cut specified under a forest licence or tree farm licence if the licence holder or its affiliate closes a timber processing facility or reduces its production.
Section 4 of this Bill re-enacts section 56.01 to refer to "agreements that are replaceable under this Act", instead of to "a forest licence or tree farm licence". In addition section 56.01 is being re-enacted so that the minister's power to reduce the allowable annual cut will no longer be limited to cases in which more than a prescribed proportion of the timber used by the timber processing facility was derived from the licensee's or the affiliate's licence.
SECTION 5: Consequential to the re-enactment of section 56.01 of the Forest Act.
SECTION 6: cures a deficiency relating to the appointment of the Job Protection Commissioner.
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