| |
| FOREST ACT |
| RSBC 1996, c. 157 |
| |
| Consolidated to April 3, 2009 |
| Last Amendment: 2007 Bill 41 (B.C. Reg. 55/2009) |
| |
| |
| Contents |
| Section |
|
Part 1 – Definitions and Interpretation |
|
1 |
Definitions and interpretation |
|
1.1 |
Delegation |
|
Part 2
– Classification and Management of Forests and
Forest Land and Regulation of Cutting Rates |
|
2 – 4 |
[Repealed] |
|
5 |
Provincial forests |
|
6 |
Wilderness areas |
|
7 |
Timber supply areas |
|
8 |
Allowable annual cut |
|
8.1 |
Adjusting the allowable annual cut |
|
9 |
Plans, studies, analyses and information |
|
10 |
Apportioning cut |
|
Part 3
– Disposition of Timber by the Government |
|
|
Division 1
– Forms of Rights to Crown Timber |
|
11 |
Rights to Crown timber |
|
12 |
Form of agreements |
|
|
Division 2
– Forest Licences |
|
13 |
Applications |
|
13.1 |
Direct award of forest licence to produce bioenergy |
|
13.2 |
Designation of bioenergy supply contracts and specification of allowable annual cut |
|
14 |
Content of forest licence |
|
14.1 |
Mountain pine beetle salvage area |
|
15 |
Replacement |
|
15.1 |
Transition for forest licence replacement |
|
16 |
Surrender of tree farm licence |
|
17 |
[Repealed] |
|
18 |
Transfer to other timber supply area |
|
19 |
Consolidation and subdivision of forest licences |
|
|
Division 3
– Timber Sale Licences |
|
20 |
Applications |
|
21 |
[Repealed] |
|
22 |
Content of timber sale licence |
|
23 |
[Repealed] |
|
24 |
[Repealed] |
|
|
Division 3.1 – Conversion of Timber Sale Licences |
|
24.1 |
Interpretation |
|
24.2 |
Conversion of timber sale licence to forest licence |
|
24.3 |
Addition of timber sale licence allowable annual cut to forest licence |
|
24.4 |
Addition of timber sale licence allowable annual cut to forest licence on application |
|
24.5 |
Addition of timber sale licence to woodlot licence |
|
24.6 |
Surrender of timber sale licence for forest licence |
|
24.7 |
Surrender of timber sale licence for woodlot licence |
|
24.8 |
Surrender of timber sale licence for forestry licence to cut |
|
24.9 |
Conversion of timber sale licence to forestry licence to cut |
|
24.91 |
No compensation |
|
|
Division 4 – Forest Licence Area Restriction |
|
25 |
Permanent transfer to adjacent timber supply area |
|
26 |
Minister may impose area restrictions |
|
|
Division 5
– Timber Licences |
|
27 |
Rights in tree farm licences |
|
28 |
Rights not in tree farm licence |
|
29 |
One timber licence |
|
29.1 |
Consolidation of timber licences |
|
30 |
Content of timber licence |
|
31 |
Extension of term of timber licence |
|
32 |
Non-timber use |
|
|
Division 6
– Tree Farm Licences |
|
33 |
Applications |
|
34 |
[Repealed] |
|
35 |
Content of tree farm licence |
|
35.1 |
Inventories |
|
36 |
Replacement |
|
36.1 |
Transition for tree farm licence replacement |
|
37 |
Private tenure |
|
38 |
Private land |
|
39 |
Consolidation and subdivision of tree farm licences |
|
39.1 |
Change in boundary or area |
|
|
Division 7
– Pulpwood Agreements |
|
40 |
[Repealed] |
|
41 |
Content of pulpwood agreement |
|
42 |
[Repealed] |
|
43 |
Consolidation and subdivision of pulpwood agreements |
| |
Division 7.1
– Community Forest Agreements |
|
43.1 |
[Repealed] |
|
43.2 |
Applications for probationary community forest agreements |
|
43.3 |
Content of community forest agreement |
|
43.4 |
Replacement of probationary and long-term community forest agreements |
|
43.41 |
Transition for community forest pilot agreements and probationary community forest agreements |
|
43.5 |
[Repealed] |
|
43.51 |
Direct award of probationary community forest agreement |
|
43.52 |
Change in area or boundary |
|
43.53 |
Transition for community forest agreement allowable annual cut |
| |
Division 7.2 – Community Salvage Licences |
|
43.6 |
Interpretation |
|
43.7 |
Applications |
|
43.8 |
Content of community salvage licence |
| |
Division 8
– Woodlot Licences |
|
44 |
Applications |
|
45 |
Content of woodlot licence |
|
45.1 |
Transition for
woodlot licence allowable annual cut |
|
46 |
Replacement |
|
46.1 |
[Repealed] |
|
46.2 |
Consolidation of woodlot licences |
|
47 |
[Repealed] |
|
47.1 |
Change in area or boundary |
|
47.2 |
Woodlot licence term
– transition |
| |
Division
8.1 – Direct Awards |
|
47.3 |
Direct award of specified licences |
| |
Division 8.2 – Licences to Cut |
|
47.4 |
Licence to cut for persons occupying land or for oil and gas purposes |
|
47.5 |
Content of occupant and master licences to cut |
|
47.6 |
Forestry licence to cut |
|
47.7 |
Content of forestry licence to cut |
|
|
Division 8.3 – Disposition of Timber Acquired under Forestry Revitalization Act |
|
47.8 |
Disposition of timber in a tree farm licence |
|
|
Division 9 – Free Use Permits for First Nations and Others |
|
48 |
Free use permit |
|
49 |
Issuance and content of free use permit |
|
|
Division 9.1 – Christmas Tree Permits and Government Use |
|
50 |
Christmas tree permit |
|
51 |
[Repealed] |
|
52 |
Use by government employees and agents |
|
Part 4
– General Tenure Provisions |
|
|
Division 1
– Interpretation |
|
53 |
Interpretation and
application |
|
|
Division 2
– Transfer and Exchange |
|
54 |
Transfer of agreements permitted |
|
54.1 |
Transfer requirements |
|
54.2 |
Confirmation of completion of disposition and effect of completion |
|
54.3 |
Transfers exempt from certain requirements |
|
54.4 |
Transfer of certain agreements not permitted |
|
54.5 |
Change in control of a corporation that is the holder of an agreement |
|
54.6 |
Effect of disposition on obligations |
|
54.7 |
Disposition or withdrawal of private land subject to tree farm licence or woodlot licence |
|
54.8 |
Transition |
|
55 |
[Repealed] |
|
56 |
[Repealed] |
|
56.1 |
Disposition of allowable annual cut reduction |
|
57 |
Exchanges of rights |
|
|
Division 3
– Extensions, Increases, Deletions and Reductions |
|
58 |
Extension of term of non-replaceable forest licences and timber sale licences |
|
58.1 |
Extension of timber sale licences and cutting permits |
|
58.2 |
Transition for extension |
|
58.21 |
Postponement of operation of cutting permits |
|
58.3 |
Surrender of BC timber sales agreement |
|
59 |
Increase of allowable annual cut |
|
59.1 |
Innovative forestry practices |
|
60 |
Deletions, not affecting allowable annual cut, of Crown land from tree farm licences |
|
60.01 |
Other deletions, not affecting allowable annual cut, of Crown land |
|
60.1 |
Definitions for sections 60.2 to 60.91 |
|
60.2 |
Other deletions of Crown land -- tree farm licences |
|
60.3 |
Other deletions of Crown land -- community forest agreements, woodlot licences and timber licences |
|
60.4 |
Reductions in allowable annual cut under forest licences and timber sale licences |
|
60.5 |
Notice of an order under sections 60, 60.01 or 60.2 to 60.4 |
|
60.501 |
Deletions under the Park Act |
|
60.51 |
Deemed amendment to affected agreements |
|
60.6 |
Compensation in respect of tree farm licence areas |
|
60.7 |
Compensation in respect of community forest agreement and woodlot licence areas |
|
60.8 |
Compensation in respect of timber licences |
|
60.9 |
Compensation in respect of forest licences or timber sale licences |
|
60.91 |
Access purpose deletions or reductions unrelated to those for another purpose |
|
60.92 |
Compensation for improvements |
|
60.93 |
Commercial Arbitration Act applies |
|
60.94 |
Compensation may take form of agreement |
|
60.95 |
Set-off for benefits previously received |
|
61 |
Temporary reductions |
|
62 |
Return of surrendered harvesting rights |
|
63 |
Proportionate reduction |
|
63.1 |
Proportionate reduction if section 59.1 applies |
|
63.2 |
Date of
increase or reduction in allowable annual cut and prorating |
|
64 |
[Repealed] |
|
65 |
[Repealed] |
|
66 |
[Repealed] |
|
67 |
[Repealed] |
|
68 |
Increase: disposition or deletion |
|
69 |
Reduction by chief forester of allowable annual cut |
|
70 |
Reductions in allowable annual cut |
|
71 |
[Repealed] |
|
72 |
Removal of dead or damaged timber |
|
73 |
Removal of dead or damaged timber from a timber supply area |
|
74 |
Timber cruise |
|
75 |
Compatible use |
|
Division 3.1 – Cut Control |
|
75.1 |
Interpretation |
|
75.11 |
Exception for licences that define "volume of timber harvested" |
|
75.2 |
Limit on total cut for licences with a term of 5 years or less |
|
75.21 |
Limit on total cut for forestry licence to cut and community salvage licence |
|
75.22 |
Cut control period for short term licences that are extended |
|
75.3 |
Reconciliation of cut control for short term licences |
|
75.4 |
Cut control period for major licences |
|
75.41 |
Cut control limit for major licences |
|
75.5 |
Cut control period for other licences |
|
75.51 |
Cut control limit for other licences |
|
75.6 |
Reconciliation of cut control for major and other licences |
|
75.61 |
Reconciliation of cut control for woodlot licences |
|
75.7 |
Carry forward of excess harvest volume |
|
75.8 |
No carry forward of unharvested volume |
|
75.9 |
Exemption from cut control limits |
|
75.91 |
Penalty for exceeding cut control limits |
|
75.92 |
Relief |
|
75.93 |
Transitional – cut control |
|
75.94 |
Transitional – carry forward |
|
75.95 |
Transitional – volume of timber harvested |
|
Division 4
– Suspension and Cancellation |
|
76 |
Suspension of rights |
|
77 |
Cancellation |
|
78 |
BC timber sales – disqualification, suspension and cancellation |
|
79 |
Continuing liability |
|
80 |
When compensation is not payable |
|
80.01 |
Limit on compensation |
|
80.1 |
Relief from liability for appurtenancy and processing requirements |
|
80.2 |
Forestry Revitalization Act |
|
Division 5
– Eligibility of Applicants |
|
81 |
Eligibility |
|
Part 5
– Timber Marking |
|
82 |
Timber marking: interpretation |
|
83 |
Timber mark duration |
|
84 |
Timber marks |
|
85 |
Applications |
|
86 |
Scaled timber brands |
|
87 |
Applications |
|
88 |
Marine log brand |
|
89 |
Marking with marine log brand |
|
90 |
Transfer |
|
91 |
Evidence |
|
92 |
Registers |
|
Part 6
– Timber Scaling |
|
93 |
Timber scaling: interpretation |
|
93.1 |
Misrepresentation prohibited |
|
94 |
Timber to be scaled |
|
95 |
Scale site authorization |
|
96 |
Scale |
|
97 |
Scale return |
|
98 |
Scaling charges, costs and expenses |
|
99 |
Second scale and second check scale |
|
100 |
Scaling |
|
101 |
Re-examination |
|
102 |
Suspension and cancellation |
|
Part 7
– Payments to the Government |
|
103 |
Amount of stumpage |
|
103.1 |
Assessments for merchantable Crown timber that is not cut and removed |
|
104 |
Stumpage rate for timber licence and licence to cut |
|
105 |
Stumpage rate determined |
|
105.1 |
Accuracy of information submitted |
|
105.2 |
Correcting stumpage rates where inaccurate information was provided |
|
105.3 |
Small scale salvage costs portion to be paid into special account |
|
106 |
Cruise instead of scale |
|
107 |
More than one rate |
|
108 |
Rate on unscaled or incorrectly scaled timber |
|
109 |
BC Timber Sales Account |
|
110 |
[Repealed] |
|
111 |
Annual rent |
|
112 |
Calculation of annual rent |
|
112.1 |
Annual rent for council |
|
113 |
Timber cruise |
|
Part 8
– Roads and Rights of Way |
|
114 |
Definitions |
|
115 |
Road permits and road use permits for timber harvesting |
|
116 |
Right to harvest Crown timber |
|
117 |
Road use permits for industrial use |
|
118 |
Road permit content |
|
119 |
Road use permit content |
|
120 |
Right of way across private land |
|
121 |
Road and trail construction |
|
Part 9
– Marine Log Salvage |
|
121.1 |
Definition for Part 9 |
|
122 |
Log salvage district |
|
123 |
Receiving station licence |
|
124 |
Log salvage permit |
|
125 |
Disposal and acquisition of salvaged logs |
|
126 |
Area closure |
|
Part 10
– Manufacture in British Columbia |
|
127 |
Crown timber to be used in British Columbia |
|
127.1 |
Attempt to export Crown timber |
|
128 |
Exemptions |
|
129 |
Exemption conditions and permit |
|
Part 11
– Recovery of Money, Miscellaneous |
|
Division 1 – Recovery of Money |
|
130 |
Lien |
|
130.1 |
Limitation period |
|
131 |
Person acquiring or dealing in timber responsible for payment |
|
132 |
Removal permit |
|
133 |
Powers cumulative |
|
Division 2
– Miscellaneous |
|
134 |
[Repealed] |
|
135 |
[Repealed] |
|
136 |
Records and returns |
|
137 |
Entry on land |
|
138 |
[Repealed] |
|
139 |
[Repealed] |
|
140 |
How notice or document may be served |
|
141 |
Extension of time |
|
142 |
Personal liability |
|
Part 11.1 – Inspections, Audits and Assessments |
|
Division 1 – Interpretation and Application |
|
142.1 |
Definitions and application |
|
Division 2 – Inspection and Collection of Information |
|
142.11 |
Officials |
|
142.2 |
Entry on land or premises |
|
142.21 |
Inspection |
|
142.3 |
Retention of records |
|
142.31 |
Delivery of records |
|
142.4 |
Obligation of a forest revenue official |
|
142.41 |
Obligation of person on request of forest revenue official |
|
142.5 |
Evidence |
|
Division 3 – Assessment and Imposition of Penalty and Interest |
|
142.51 |
Assessment of estimated stumpage and interest |
|
142.6 |
Period to be considered in making an assessment |
|
142.61 |
Penalty |
|
142.7 |
Payment of assessed amount of stumpage |
|
142.71 |
Notice of assessment |
|
142.8 |
Serving a notice of assessment |
|
142.81 |
Proof and onus |
|
Division 4 – Appeals of Assessments |
|
142.9 |
Appeal to revenue minister |
|
142.91 |
Appeal to court |
|
142.92 |
Affect of pending appeals |
|
Division 5 – General |
|
142.93 |
Confidentiality |
|
142.94 |
Regulations |
|
Part 12
– Reviews, Appeals, Regulations, Penalties |
|
Division 1 – Reviews |
|
143 |
Determinations that may be reviewed |
|
144 |
Request for review |
|
145 |
Powers on review |
|
Division 2
– Appeals |
|
146 |
Determinations that may be appealed |
|
147 |
Notice of appeal |
|
148 |
Appeal |
|
148.1 |
Order for written submissions |
|
148.2 |
Interim orders |
|
148.3 |
Open hearings |
|
148.4 |
Witnesses |
|
148.5 |
Contempt |
|
148.6 |
Evidence |
|
149 |
Powers of commission |
|
149.1 |
Decision of commission |
|
149.2 |
Order for compliance |
|
150 |
Appeal to the courts |
|
|
Division 3
– Regulations |
|
151 |
Regulations |
|
151.01 |
Criteria for exercise of discretionary powers |
|
151.1 |
Regulation
making power to establish forest districts |
|
151.2 |
[Repealed] |
|
151.3 |
Area-based allowable
annual cut |
|
151.4 |
Adapting cut control under this Act for the Forestry Revitalization Act |
|
151.5 |
Adapting cut control for provisions respecting conversion of timber sale licences |
|
152 |
Interpretation for sections 152 to 162 |
|
153 |
Requirement for written contracts and subcontracts |
|
154 |
Assignability of contracts and subcontracts |
|
155 |
Mediation and arbitration under contracts and subcontracts |
|
156 |
Register of Timber Harvesting Contract Mediators and Arbitrators |
|
157 |
Requirements for replaceable contracts and subcontracts |
|
157.1 |
Agreement to make a replaceable contract or subcontract non-replaceable |
|
157.2 |
Waiver by licensees, contractors and subcontractors of certain rights under regulations |
|
158 |
Special provision for certain expired contracts |
|
159 |
Applicability of certain prescribed provisions to existing contracts and subcontracts |
|
160 |
Non-compliance with prescribed requirements for contracts and subcontracts |
|
161 |
Included regulatory powers for sections 152 to 161 |
|
162 |
No compensation |
|
|
Division 4
– Offences and Penalties |
|
163 |
Fines |
|
163.1 |
Interference, non-compliance and misleading |
|
164 |
Part 3 offence |
|
164.1 |
Cancellation and disqualification |
|
165 |
[Repealed] |
|
165.1 |
Prohibition against restricting competition in sale or purchase of logs |
|
165.2 |
Remedies preserved |
|
166 |
Officers of corporation |
|
167 |
[Repealed] |
|
167.1 |
Defences to a prosecution |
|
167.2 |
Section 5 of the Offence Act |
|
167.3 |
Part 6 of the Forest and Range Practices Act applies |
|
Part 13
– Designated Areas |
|
168 |
Definition |
|
169 |
Specifying Crown land as a designated area |
|
170 |
What is the effect of specifying a designated area? |
|
171 |
Conditions |
|
172 |
Suspension and cancellation |
|
173 |
Allowable annual cut and allowable harvest in a designated area |
|
173.1 |
Effect of
reduction on annual allowable cut determination |
|
174 |
Order prevails |
|
175 |
Hearing not required |
|
175.1 |
No compensation during first 4 years of designation |
|
175.2 |
Compensation for 5th and subsequent years of designation |
|
175.3 |
Set-off for benefits previously received |
|
175.4 |
Limit on compensation |
|
| Part 14 – Nisga'a Final Agreement Implementation |
|
176 |
Definitions |
|
177 |
[Repealed] |
|
178 |
Award of licences |
|
179 |
[Spent] |
| |
| [ TOC | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 11.1 | 12 | 13 | 14 ] |
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