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Definitions |
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1 |
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In this regulation, "Act" means the Forest Act. |
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| PART 1 – COMMUNITY FOREST AGREEMENTS |
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Eligible applicants |
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2 |
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For the purposes of section 43.2 (3) (c) of the Act, a community forest agreement may be entered into only with an applicant that is |
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(a) |
a society incorporated under the Society Act, if the society can demonstrate that it is not prohibited under section 2 (2) of the Society Act from holding a community forest agreement; |
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(b) |
an association as defined in the Cooperative Association Act, if the association can demonstrate that holding a community forest agreement is consistent with the purposes of the association; |
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(c) |
a corporation, if the corporation is |
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(i) |
established by or under an enactment, or |
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(ii) |
registered as an extraprovincial company under the Business Corporations Act; |
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(d) |
a partnership, if the partnership is comprised of |
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(i) |
a first nation, |
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(ii) |
a municipality or regional district, |
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(iii) |
societies that comply with paragraph (a), |
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(iv) |
associations that comply with paragraph (b), |
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(v) |
corporations that comply with paragraph (c), or |
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(vi) |
a combination of any of the entities referred to in subparagraph (i) to (v). |
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Applications |
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3 |
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An application for a community forest agreement under section 43.2 (1) of the Act must |
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(a) |
be made to the regional manager or the district manager, |
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(b) |
be in the form and manner required by the minister or a person authorized by the minister, and |
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(c) |
include the following: |
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(i) |
a description of the Crown land proposed for inclusion in the community forest agreement area, if the Crown land was not described in the advertisement; |
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(ii) |
a description of any private land or first nation reserve land proposed for inclusion in the community forest agreement area; |
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(iii) |
a business plan acceptable to the minister or a person authorized by the minister that includes the following: |
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(A) |
a description of the legal entity that will hold the agreement; |
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(B) |
the governance model for the agreement, including the structure and mandate of the management board or persons who will direct operations under or in respect of the agreement; |
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(C) |
an analysis of the markets for products harvested under the agreement, |
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(D) |
an assessment of the events or circumstances that may compromise the ability of the holder of the agreement to successfully implement the business plan; |
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(E) |
financial statements respecting financing, if any, forecasts for profit and loss, cash flow and capital expenditures and a listing of capital assets; |
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(iv) |
a plan for the management of forest resources on the proposed community forest agreement area, including |
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(A) |
guiding principles, |
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(B) |
proposed management objectives, and |
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(C) |
a proposed allowable annual cut for the community forest agreement area; |
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(v) |
documentation of community awareness and support for the proposed community forest agreement, including a summary of the submissions received during, and the results of, a public review of the application conducted by the applicant; |
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(vi) |
other information required by the minister or a person authorized by the minister to the extent the information is relevant to the application. |
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Evaluation of applications |
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4 |
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An application under section 3 must be evaluated by considering the following: |
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(a) |
whether the proposed community forest agreement area is considered suitable for a community forest agreement; |
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(b) |
whether the proposed business plan, if implemented, would provide the applicant with a reasonable chance of operating successfully from a business perspective; |
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(c) |
whether the application documents community awareness and support for the proposed community forest agreement; |
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(d) |
whether the proposed plan for the management of forest resources |
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(i) |
is suitable for managing the resources known to be present on the community forest agreement area, |
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(ii) |
is appropriate to achieve the goals of the community and the government with respect to forest resource management, and |
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(iii) |
is consistent with the proposed business plan; |
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(e) |
whether the proposed governance model for the community forest agreement will ensure that operations under the community forest agreement are conducted in a manner that provides for meaningful input from the community and stakeholders; |
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(f) |
the results of a public review of the application, including any actions taken or proposed to be taken by the applicant in response to concerns raised during the public review; |
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(g) |
whether entering into a community forest agreement would be in the best interest of the community and the public; |
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(h) |
any other information provided by the applicant as required by the minister or authorized person. |
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Assessment of probationary and pilot agreements |
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5 |
(1) |
For the purpose of sections 43.4 (1) and 43.5 (4) of the Act, the minister or a person authorized by the minister must assess a probationary community forest agreement or a community forest pilot agreement, one or more times, after |
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(a) |
approximately half of its term has elapsed, and |
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(b) |
before the expiry of its term. |
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(2) |
The assessment must include the submission of a least one written report by the agreement holder to the regional manager or district manager that includes |
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(a) |
a summary of harvesting activities, financial statements and performance on environmental or administrative obligations, including agreement requirements, |
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(b) |
a justification, prepared by the holder of the agreement, |
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(i) |
for extending the community forest probationary agreement or community forest pilot agreement, or |
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(ii) |
for offering a long-term community forest agreement to the holder of the agreement, and |
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(c) |
other information required by the regional manager or district manager to the extent the information is relevant to the assessment. |
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(3) |
The minister or person authorized by the minister |
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(a) |
must consider |
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(i) |
the report referred to in subsection (2), |
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(ii) |
the agreement's value to the government and the agreement holder, and |
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(iii) |
the results of a public meeting or other event, if any, and |
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(b) |
may consider any other factor that the minister or person authorized considers relevant. |
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Direct award of probationary community forest agreements |
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6 |
(1) |
For the purposes of section 43.51 (1) (b) of the Act, the minister may direct the regional manager or district manager to enter into a probationary community forest agreement with a person if |
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(a) |
the person is invited by the minister to apply for the agreement and the minister is satisfied with the application, and |
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(b) |
any of the circumstances or requirements set out in subsection (3) apply. |
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(2) |
The minister may specify that an application under subsection (1) must include any of matters set out in section 3 (c). |
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(3) |
For the purposes of subsection (1) the circumstances or requirements are any of the following: |
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(a) |
the person |
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(i) |
holds |
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(A) |
a timber sale licence that is not a BC timber sales agreement, |
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(B) |
a forest licence, or |
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(C) |
a tree farm licence, |
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in respect of which |
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(D) |
rights under the licence are not under suspension, and |
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(E) |
all money |
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(I) required to be paid to the government under the circumstances set out in section 130 (1.1) of the Act, and |
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(II) due and payable to the government |
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in respect of the licence |
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(III) has been paid, or |
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(IV) is the subject of an arrangement for payment approved by the minister responsible for collecting the money, and |
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(ii) |
surrenders the licence on entering into the probationary community forest agreement; |
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(b) |
in the opinion of the minister, regional manager or district manager, on the balance of possibilities it is unlikely that any other person would submit an application; |
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(c) |
in the opinion of the minister, entering into the agreement is in the public interest. |
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Change of boundary or area |
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7 |
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Under section 43.52 of the Act, the regional manager or district manager may change the boundary or area of a community forest agreement, if satisfied that |
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(a) |
the boundary or area change will |
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(i) |
improve forest resource management, or |
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(ii) |
further a development objective of the government or the holder, |
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(b) |
rights under the agreement are not under suspension, and |
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(c) |
all money |
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(i) |
required to be paid to the government under the circumstances set out in section 130 (1.1) of the Act, and |
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(ii) |
due and payable to the government |
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in respect of the agreement |
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(iii) |
has been paid, or |
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(iv) |
is the subject of an arrangement for payment approved by the minister responsible for collecting the money. |
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| PART 2 – COMMUNITY SALVAGE LICENCES |
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Eligible applicants |
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8 |
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For the purposes of section 43.7 (1) (e) of the Act, applications for a community salvage licence may be invited from any of the following: |
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(a) |
a society incorporated under the Society Act, if the society can demonstrate that it is not prohibited under section 2 (2) of the Society Act from holding a community salvage licence; |
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(b) |
an association as defined in the Cooperative Association Act, if the association can demonstrate that holding a community salvage licence is consistent with the purposes of the association; |
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(c) |
a corporation, if the corporation is |
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(i) |
established by or under an enactment, or |
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(ii) |
registered as an extraprovincial company under the Business Corporations Act; |
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(d) |
a partnership, if the partnership is comprised of |
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(i) |
a band as defined in the Indian Act (Canada), |
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(ii) |
a municipality or regional district, |
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(iii) |
societies that comply with paragraph (a), |
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(iv) |
associations that comply with paragraph (b), |
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(v) |
corporations that comply with paragraph (c), or |
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(vi) |
a combination of any of the entities referred to in subparagraphs (i) to (v). |
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| [Provisions of the Forest Act, R.S.B.C. 1997, c. 157, relevant to the enactment of this regulation: sections 43.2, 43.51, 43.52 and 43.7] |
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