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Interpretation |
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1 |
(1) |
In this regulation: |
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"Act" means the Forest Act; |
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"affiliate" has the same meaning as in section 53 of the Act; |
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"agreement" means as agreement in the form of a licence, permit or agreement referred to in section 12 of the Act. |
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(2) |
Section 53 (2), (3) and (4) of the Act applies for the purposes of this regulation. |
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| Part 1 - Exempt Transfers |
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Transfers between affiliates exempt |
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2 |
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For the purposes of section 54.3 of the Act, sections 54 to 54.2 of the Act do not apply to, or in respect of, a disposition of an agreement if the disposition is from a corporation to an affiliate corporation. |
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Transfers where notice not given may be exempt |
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3 |
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For the purposes of section 54.3 of the Act, sections 54 to 54.2 of the Act do not apply to, or in respect of, a disposition of an agreement where |
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(a) |
notice is not given under section 54 (2) (a) of the Act, or |
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(b) |
the disposition occurs before the minister gives notice under section 54 (2) (e) of the Act |
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if |
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(c) |
the disposition complies with section 54 (2) (b), (c) and (d) of the Act, and |
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(d) |
the minister, having considered the circumstances existing on the date of the disposition, is satisfied that the requirements set out in section 54.1 of the Act have been met. |
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| Part 2 - Permitted Transfers |
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Tranfers of section 47.3 agreements |
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4 |
(1) |
In this section: |
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"first nations agreement" means an agreement, referred to in section 43.5 (1.1) (a), 43.51 (1) (a) or 47.3 (1) (a) of the Act, between a first nation and the government respecting treaty-related measures, interim measures or economic measures; |
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"licence" means a licence entered into under section 47.3 (1) (a) of the Act. |
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(2) |
For the purposes of section 54.4 (1) (b) of the Act, a First Nation may dispose of a licence to a person if |
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(a) |
the minister is satisfied that the First Nation will continue to comply with the first nations agreement that relates to the licence, and |
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(b) |
the person is |
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(i) |
an individual, |
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(ii) |
a corporation |
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(A) |
established by or under an enactment, or |
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(B) |
registered as an extraprovincial company under the Business Corporations Act, or |
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(iii) |
a partnership comprised of |
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(A) |
individuals, |
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(B) |
corporations referred to in subparagraph (ii), or |
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(C) |
a combination of the entities referred to in clauses (A) and (B). |
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| [Provisions of the Forest Act, R.S.B.C. 1997, c. 157, relevant to the enactment of this regulation: sections 54.3 and 54.4] |
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