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Regulations
- Forest Practices Code of BC ActOPERATIONAL AND SITE PLANNING REGULATION
PART 5 - SILVICULTURE PRESCRIPTIONS
Division 3 - Silviculture Prescriptions for
Non-Replaceable Licences
B.C. Reg. 107/98 Deposited April 2, 1998
O.C. 0426/98 effective June 15, 1998 (Consolidated to December 12, 2003)
- 41.1 Nothing in this Division applies to a silviculture prescription or site plan prepared by the holder of a woodlot licence.
- 42. (1) In this section "value index" means the same as in the
policies and procedures approved under section 105 (1) of the Forest Act.
(2) In determining the costs of carrying out a silviculture prescription under section 71
(3) (c) of the Act, the district manager must use any criteria respecting silviculture
cost estimates that are used in the policies and procedures approved under section 105 (1)
of the Forest Act for the purpose of
determining the value index of a timber stand.
(3) In determining directly and indirectly associated costs under section 71 (3) (c) of
the Act, the district manager must include costs incurred by government in contracting out
work associated with
(a) carrying out
the silviculture prescription, and
(b) determining the costs of carrying out the silviculture prescription, including the
cost of administering contracts for work associated with carrying out the silviculture
prescription.
- 43. For the purposes of section 71 (1) (a) of the Act, the prescribed date is
November 1, 1994.
- 44. (1) In this
section
"affiliate" means the same as in section 53 of the Forest Act;
"associated with" means being associated with another person in a
business activity whether by partnership, joint venture, contract or otherwise, and,
without limitation, includes the contractual relationship between a person and a holder of
a licence referred to in subsection (2) by which the person is contractually obliged to
supply, directly or indirectly, some or all of thee timber harvested in the area to which
the prescription applies to
(a) the holder
of the licence,
(b) a
corporation with which the holder of the licence is affiliated,
or
(c) a timber processing facility that is, directly or indirectly, owned or controlled by
the holder of the licence or by an affiliate of the holder of the licence;
"control" with respect to a corporation, means the same as "control
of a corporation" in section 53 of the Forest Act;
"timber processing facility" means a
facility that processes timber, wood residue or both.
(2) In addition to the requirements set out in section 71 (1) (a) of the Act, a holder of
a prescription means a person
(a) who does not hold a replaceable timber sale licence that has an allowable annual cut
greater than 10 000 m3, and
(b) unless the minister is satisfied that it is in the public interest that this paragraph
not apply, who
(i) does not hold shares of any type in a corporation that holds
(A) a
replaceable tree farm licence or forest licence, or
(B) a replaceable timber sale licence that has an allowable annual cut greater than 10 000
m3.
(ii) is not affiliated with a corporation that holds shares of any type in
(A) a
replaceable tree farm licence or forest licence, or
(B) a replaceable timber sale licence that has an allowable annual cut greater than 10 000
m3, and
(iii) is not, in any way associated with a holder of
(A) a
replaceable tree farm licence or forest licence, or
(B) a replaceable timber sale licence that has an allowable annual cut greater than 10 000
m3.
- 45. A district manager may only assume responsibility for a prescription under
section 71 (3) of the Act if the following requirements are met:
(a) the holder
of the prescription has requested that the government assume
responsibility for any other silviculture prescriptions approved
in respect of the licence that the district manager has
determined should be assumed,
(b) the holder
of the prescription that is the subject of the request under
section 71 of the Act agrees in writing that if the district
manager determines that a silviculture precription approved in
the future in respect of the licence (referred to below as the
"future silviculture prescription") should be assumed, the
holder will request that the government assume responsibility
for the future silviculture prescription;
(c) with respect to the first prescription under a licence that the holder will be
requesting the district manager to assume, except for a prescription submitted for
approval before May 15, 1996, the holder of the prescription notifies the district manager
at the time the prescription is submitted for approval that the holder will be requesting
the district manager to assume the prescription.
- 46. (1) A
district manager may request the holder of a prescription approved
before May 15, 1996, to prepare and obtain the district manager's
approval of an amendment to that prescription respecting any
matters identified by the district manager if the holder is
requesting that the Crown assume the prescription.
(2) In determining the costs of carrying out a prescription referred to in subsection (1),
the district manager must determine the cost of carrying out the prescription with the
approved amendment.
- 47. (1) By
notice in writing, the district manager may require a person that
submits a silviculture prescription or amendment for approval to
make the proposed silviculture prescription or amendment available
for review and comment in accordance with the notice.
(2) A notice under
subsection (1) may specify requirements related to review and
comment that the person submitting the silviculture prescription
must meet, including, without limitation, the period for review
and the requirements for dealing with comments.
(3) If an
assessment required under sections 15 to 17 or 37, other than an
archaeological impact assessment, has been completed, the person
required to provide an opportunity for review of the silviculture
prescription or amendment must, on the request of a person
conducting a review of the silviculture prescription under this
section, make the assessment available for viewing to that person
to assist their review of the silviculture prescription.
(4) The person
required to provide a viewing of an assessment under subsection
(3) must make it available at their place of business nearest to
the area under the silviculture prescription or at another
location specified by the district manager.
(5) A person who reviews a silviculture prescription may submit comments in writing during
the period allowed for review under subsection (2).
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