Policy 3.7 - Transfer of Tenure

Effective Date: 31-Jul-97
Responsible Branch: Forest Practices Branch

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Scope

This policy specifies criteria used to give consent to transfer a range tenure.

Policy

The Ministry recognizes that to maintain a ranch or other business as an ongoing financial entity, the owner must be able to sell or lease all or part of the ranch or business, as well as transfer an associated tenure.

Consent to transfer a range tenure associated with a ranch or other livestock enterprise will be given if the Regional Manager determines that the proposed new tenure holder intends to continue using the appurtenant lands and range tenure as a livestock enterprise ( Range Act, s.20).

Criteria for Transfer

Consent to transfer all or part of a tenure will be given only where there is a change in ownership or control of all or part of the appurtenant lands.

To obtain consent to transfer a tenure, the existing tenure holder and the proposed tenure holder must provide an assignment and any additional documentation required by the Ministry. An assignment is an agreement between the existing tenure holder and the proposed tenure holder, approved by the Regional Manager, which assigns the tenure from one holder to another.

Consent to transfer may also be given where a tenure holder wishes to transfer the tenure from the holder to a partnership in which the holder is a partner and the holder retains ownership or control of the land appurtenant to the tenure.

Commensurability

When a request is made for consent to transfer part of a tenure, the existing tenure holder's appurtenant lands must be commensurate with the portion of the tenure retained ( Range Act, s. 5-9).

The proposed tenure holder's appurtenant lands must be commensurate with the transferred portion of the tenure.

Hay cutting licences and permits may be credited for their authorized use in the determination of commensurability. They must remain valid during the grazing tenure period.

Appurtenant Lands

Appurtenant lands are lands in B.C. which include:

• private land owned by the tenure holder or applicant
• land leased from the Crown
• land under private lease
• land leased from the Federal government
• Indian reserves

Leases must remain in effect throughout the tenure period.

Written Consent for Ownership Change

The Regional Manager's written consent is required for a change of ownership or control of appurtentant lands. The Regional Manager may cancel a grazing tenure without notice where a change of ownership or control of all or part of the tenure occurs without the Regional Manager's prior written consent.

If a corporation is the tenure holder, and if control of the corporation changes or it amalgamates with another corporation without the Regional Manager's prior written consent, the Regional Manager may cancel the tenure without notice ( Range Act, s.35).

Exceptions to these conditions are outlined in s.20(3) of the Range Act. In these cases, changes of ownership or control must be reported to the Regional Manager within three months and must result in the tenure being held by the person who owns or leases the appurtenant lands (Range Act, s.20).A

Overwintering

The District Manager may include a waiver of overwintering requirements as part of the terms and conditions of a transfer of tenure (see policy 3.6, Overwintering of Authorized Livestock).

Non-Use Authorization

If the existing tenure holder has a non-use authorization, the new tenure holder may continue with that non-use authorization and restocking schedule, with the consent of the District Manager. The restocking schedule must set out how the tenure holder will restock the Crown range to bring the actual use up to authorized use (see procedure, Non-use of Grazing Rights in the Range Program Manual).

References

• Range Act, s.5-9, 20, 35
• Range Program Manual, Chapter 3.8, Non-use of Grazing Rights
• Range Regulation, s.11