BILL 13 – 2010
FORESTS AND RANGE (FIRST NATIONS WOODLAND LICENCE) STATUTES AMENDMENT ACT, 2010

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Forest Act

1 Section 1 (1) of the Forest Act, R.S.B.C. 1996, c. 157, is amended

(a) in paragraph (a) of the definition of "allowable annual cut" by adding "first nations woodland licence area," after "community forest agreement area,",

(b) by adding the following definition:

"first nations woodland licence area" means the area of land subject to a first nations woodland licence; , and

(c) by repealing paragraph (a) of the definition of "major licence" and substituting the following:

(a) a timber sale licence that was

(i) issued under section 23 (1) (a) before its repeal, or

(ii) entered into under section 47.3 (1) (a), .

2 Section 8 is amended

(a) by repealing subsection (1) (a) and substituting the following:

(a) the Crown land in each timber supply area, excluding the Crown land in the following areas:

(i) tree farm licence areas;

(ii) community forest agreement areas;

(iii) first nations woodland licence areas;

(iv) woodlot licence areas, and ,

(b) in subsection (6) by striking out ", according to the licence." and substituting "in accordance with the woodlot licence for that area.", and

(c) by repealing subsection (7) and substituting the following:

(7) The minister must determine an allowable annual cut for

(a) each community forest agreement area in accordance with the community forest agreement for that area, and

(b) each first nations woodland licence area in accordance with the first nations woodland licence for that area.

3 Section 8.1 (1) (a) is amended by adding ", first nations woodland licence areas" after "community forest agreement areas".

4 Section 10 is amended

(a) by repealing subsection (1) and substituting the following:

(1) The minister may specify that a portion of the allowable annual cut determined for the Crown land in a timber supply area under section 8 (1) (a) is available for granting under a form of agreement referred to in section 12. , and

(b) in subsection (2) by striking out "licence for the tree farm licence area" and substituting "licence".

5 Section 12 (1) is amended by adding the following paragraph:

(e.1) first nations woodland licence, .

6 Section 14 (g.1) is amended

(a) by striking out "if the licence provides that it" and substituting "that", and

(b) by striking out "the licence must state" and substituting "must state".

7 Section 35 (1) (g) is repealed.

8 Section 43.2 is amended

(a) in subsection (1) by striking out "the minister or person authorized by the minister," and substituting "the minister,",

(b) in subsections (4) and (6) by striking out "or a person authorized by the minister", and

(c) in subsection (5) by striking out "the person who evaluated the applications may" and substituting "the minister may".

9 Section 43.3 (g.1) is amended

(a) by striking out "if the community forest agreement provides that it" and substituting "that", and

(b) by striking out "the community forest agreement must state" and substituting "must state".

10 Section 43.41 (1) (e) is amended by striking out "section 43.3 (f)" and substituting "section 43.3 (f.1)".

11 Section 43.51 is amended

(a) by repealing subsections (1) and (2) and substituting the following:

(0.1) In this section, "representative" means a person or other legal entity that

(a) is appointed by a first nation as its representative, and

(b) meets prescribed requirements.

(1) The minister may enter into a community forest agreement

(a) with a first nation or its representative to implement or further an agreement between the first nation and the government respecting treaty-related measures, interim measures or economic measures, or

(b) under prescribed circumstances or with a holder that meets prescribed requirements. , and

(b) in subsection (2.1) by striking out "regional manager or district manager" and substituting "minister".

12 Section 43.52 is repealed and the following substituted:

Change in area or boundary

43.52  In accordance with the regulations, and with the consent of the holder of the agreement, the minister may change the boundary or area of a community forest agreement.

13 The following Division is added to Part 3:

Division 7.11 — First Nations Woodland Licences

Award of first nations woodland licence

43.54  (1) In this section, "representative" means a person or other legal entity that

(a) is appointed by a first nation as its representative, and

(b) meets prescribed requirements.

(2) The minister may enter into a first nations woodland licence with a first nation or its representative to implement or further an agreement between the first nation and the government respecting treaty-related measures, interim measures or economic measures.

(3) After a first nations woodland licence has been entered into under subsection (2), the minister may, if it furthers the objectives set out in subsection (2), and with the consent of the holder of the licence, increase the area covered by the licence.

(4) The minister must not enter into a first nations woodland licence under subsection (2) until

(a) a management plan is approved by the regional manager or the regional manager's designate for the proposed first nations woodland licence area, and

(b) if required under the agreement between the first nation and the government referred to in subsection (2) of this section, one or more agreements referred to in section 12 are surrendered.

Content of first nations woodland licence

43.55  A first nations woodland licence

(a) must be for a term of not less than 25 years and not more than 99 years,

(b) must describe a first nations woodland licence area, determined by the minister, comprising Crown land and, if the area so determined includes land that is

(i) in a reserve as defined in the Indian Act (Canada), or

(ii) private land,

also comprising that land,

(c) subject to this Act and the licence,

(i) must give to its holder the exclusive right to harvest timber on the Crown land referred to in paragraph (b), for the term of the agreement, and

(ii) may give to its holder the right to harvest, manage and charge fees for botanical forest products and other prescribed products,

(d) must require its holder to pay to the government, in addition to other amounts payable under this Act,

(i) stumpage under Part 7 in respect of Crown timber, and

(ii) waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the licence, but, at the holder's discretion, is not cut and removed,

(e) must provide for cutting permits with terms that do not exceed 4 years to be issued by the district manager, or a forest officer authorized by the district manager, within the limits provided in the licence and subject to this Act and the Forest and Range Practices Act, to authorize its holder to harvest timber from specified areas of Crown land within the first nations woodland licence area,

(f) must require its holder to

(i) submit for the approval of the regional manager or the regional manager's designate, at the times specified in the licence, a management plan that meets the requirements of the licence, and

(ii) implement management plans approved by the regional manager or the regional manager's designate,

(g) may include one or more provisions of Division 3.1 of Part 4 with any variations necessary or desirable to adapt the provision or provisions

(i) for the purposes of the licence, or

(ii) to take into account the effect of a surrender of an agreement referred to in section 43.54 (4) (b),

(h) must state that it is a condition of the licence that the first nation comply with the agreement between the first nation and the government referred to in section 43.54 (2), and

(i) may include other terms and conditions, consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts, determined by the minister.

Replacement of first nations woodland licences

43.56  (1) Unless a first nations woodland licence provides that a replacement for the first nations woodland licence must not be offered, the minister, during the 6 month period following the ninth anniversary of an existing first nations woodland licence, must offer the holder a replacement first nations woodland licence.

(2) A first nations woodland licence offered under subsection (1) must

(a) be for a term of not less than 25 years and not more than 99 years, commencing on the tenth anniversary of the existing licence,

(b) describe, as a first nations woodland licence area, the area subject to the existing licence and any change to the boundary or area made by the minister under subsection (3), and

(c) include other terms and conditions that are set out in the offer and are consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts.

(3) In accordance with the regulations, and with the consent of the person to whom a first nations woodland licence is offered under this section, the minister may change the boundary or area in the offered first nations woodland licence from the boundary or area of the existing first nations woodland licence.

(4) An offer made under this section may be

(a) amended, and

(b) accepted by written notice to the minister not later than 3 months after the offer is served.

(5) If an offer made under this section is accepted,

(a) a first nations woodland licence containing the terms and conditions set out in the offer, including amendments, must be entered into by the minister and the holder of the first nations woodland licence, and

(b) the existing first nations woodland licence expires on the commencement of the replacement licence.

(6) A first nations woodland licence is not renewable.

Change in area or boundary

43.57  In accordance with the regulations and with the consent of the holder of the licence, the minister may change the boundary or area of a first nations woodland licence.

14 Section 45 (1) (f.1) is amended by striking out "if the licence provides that it" and substituting "if the licence" and by striking out "the licence must state" and substituting "state".

15 Section 47.3 is amended

(a) by repealing subsections (1) and (2) and substituting the following:

(0.1) In this section, "representative" means a person or other legal entity that

(a) is appointed by a first nation as its representative, and

(b) meets prescribed requirements.

(1) The minister may enter into a forest licence, community salvage licence, woodlot licence or forestry licence to cut with

(a) a first nation or its representative to implement or further an agreement between the first nation and the government respecting treaty-related measures, interim measures or economic measures, or

(b) a person to mitigate the effects on that person of

(i) a treaty,

(ii) a specification of a designated area under Part 13, or

(iii) an agreement between a first nation and the government respecting treaty-related measures, interim measures or economic measures. , and

(b) in subsection (3) by striking out "regional manager or district manager" and substituting "minister".

16 Section 53 (1) is amended in the definition of "deletion period" by striking out "and" at the end of paragraph (g), by adding "and" at the end of paragraph (h) and by adding the following paragraph:

(i) a first nations woodland licence entered into under section 43.54 and replacements for it, each successive 25 year period commencing with the beginning of the term of the original first nations woodland licence entered into under that section; .

17 Section 54.4 is amended

(a) by repealing subsection (1) (b) and substituting the following:

(b) is one of the following agreements, unless the disposition is made with the approval of the Lieutenant Governor in Council or in prescribed circumstances to a person who meets prescribed criteria:

(i) an agreement entered into under section 47.3 (1) (a);

(ii) a community forest agreement;

(iii) a first nations woodland licence;

(iv) a community salvage licence, , and

(b) by adding the following subsection:

(1.1) The Lieutenant Governor in Council may attach conditions to an approval under subsection (1) (b).

18 Section 54.5 (1) (b) is amended by adding the following subparagraph:

(iii.1) in the case of an agreement that is a first nations woodland licence, the change of control, the disposition of control or the acquisition of control results in the first nations woodland licence being held by a person or entity who, under section 43.54, is not permitted to enter into a first nations woodland licence, .

19 Section 60.01 (1) is amended

(a) in paragraph (a) by striking out "or",

(b) by adding the following paragraph:

(a.1) a first nations woodland licence area, or , and

(c) by striking out "or woodlot licence." and substituting ", first nations woodland licence or woodlot licence."

20 Section 60.3 is repealed and the following substituted:

Other deletions of Crown land — community forest agreements,
first nations woodland licences, woodlot licences and timber licences

60.3  The minister by written order may delete, from any of the following areas, Crown land to be used for an access purpose or for another purpose:

(a) a community forest agreement area;

(b) a first nations woodland licence area;

(c) a woodlot licence area;

(d) the area described in a timber licence.

21 Section 60.5 (1) (a) is amended by striking out "woodlot licence, community forest agreement or timber licence, or" and substituting "first nations woodland licence, woodlot licence or timber licence, or".

22 Sections 60.5 (2) (b) and 173 (10) are amended by adding "first nations woodland licence area," after "community forest agreement area,".

23 Sections 60.501 (1), 60.7 (2) and (3) and 173 (6) are amended by adding ", first nations woodland licence area" after "community forest agreement area".

24 Sections 60.501 (1) (b), 60.51 (2), 60.7 (4) and 72 (1) are amended by adding ", first nations woodland licence" after "community forest agreement".

25 Sections 60.51 (3), 60.91 (2), 60.92, 60.94 (1), 60.95, 111 (1) (a) and 115 (1) are amended by adding "first nations woodland licence," after "community forest agreement,".

26 Section 60.7 is amended

(a) in subsection (1) in the definitions of "current allowable annual cut" and "original allowable annual cut" by adding ", first nations woodland licence" after "community forest agreement", and

(b) in subsections (2) and (3) by striking out "community forest agreement or woodlot licence" wherever it appears and substituting "community forest agreement, first nations woodland licence or woodlot licence".

27 Section 60.91 (1) is amended

(a) by repealing paragraph (b) of the definition of "current allowable annual cut" and substituting the following:

(b) for a community forest agreement, first nations woodland licence or woodlot licence immediately before a deletion under section 60.3, and , and

(b) in paragraph (b) of the definition of "original allowable annual cut" by adding ", first nations woodland licence" after "community forest agreement".

28 Section 61 is amended

(a) by repealing subsection (1) and substituting the following:

(1) The minister, with the consent of the holder of the licence or agreement, may reduce for a specified period the allowable annual cut authorized

(a) in a forest licence, or

(b) for a tree farm licence area, community forest agreement area, first nations woodland licence area or woodlot licence area. , and

(b) in subsections (2) and (3) by striking out "licensee" and substituting "holder of the licence or agreement".

29 Section 62 is amended by striking out "licence" wherever it appears and substituting "licence or agreement".

30 Section 70 is amended

(a) in subsection (2) by striking out "a major licence, community forest agreement or a woodlot licence," and substituting "a major licence, a community forest agreement, a first nations woodland licence or a woodlot licence,", and

(b) in subsection (4) by striking out "a major licence a community forest agreement or a woodlot licence" and substituting "a major licence, a community forest agreement, a first nations woodland licence or a woodlot licence,".

31 Section 72 is amended by repealing subsections (9) and (10) and substituting the following:

(9) The amount of timber or special forest products harvested under a forestry licence to cut entered into under this section, or the amount that the district manager determines under subsection (8) would have been harvested, is deemed to be harvested under

(a) the tree farm licence or the woodlot licence of the person to whom the notice is sent under subsection (4), for the purposes of paragraph (a) of the definition of "volume of timber harvested" in section 75.1,

(b) the community forest agreement of the person to whom the notice is sent under subsection (4), for the purposes of the provisions of the agreement referred to in section 43.3 (f.1), and

(c) the first nations woodland licence of the person to whom the notice is sent under subsection (4), for the purposes of the provisions of the licence referred to in section 43.55 (g) (i).

(10) Subsection (9) does not apply if the amount of timber harvested under the forestry licence to cut has already been attributed to

(a) the tree farm licence or woodlot licence of the person to whom the notice is sent under subsection (4), for the purposes of paragraph (a) of the definition of "volume of timber harvested" in section 75.1,

(b) the community forest agreement of the person to whom the notice is sent under subsection (4), for the purposes of the provisions of the agreement referred to in section 43.3 (f.1), and

(c) the first nations woodland licence of the person to whom the notice is sent under subsection (4), for the purposes of the provisions of the licence referred to in section 43.55 (g) (i).

32 Section 76 is amended

(a) in subsection (1) (c) by striking out "43.8 (g.1), or 45 (f.1)" and substituting "43.55 (h), 43.8 (g.1), 45 (1) (f.1) or 47.7 (g)",

(b) in subsection (1.1) by striking out "or a person authorized by the minister" and by adding the following paragraph:

(c.01) a first nations woodland licence if there is a contravention of the condition described in section 43.55 (h), ,

(c) by adding the following subsection:

(3.1) Before rights are suspended under subsection (1.1), the minister must serve notice on the holder of the agreement

(a) stating the particulars of the holder's non-compliance with the agreement between the first nation and the government referred to in section 14 (g.1), 22 (f.1), 43.3 (g.1), 43.55 (h), 43.8 (g.1), 45 (1) (f.1) or 47.7 (g), as the case may be, and

(b) specifying a date, at least 5 days after the date of service, on which the suspension takes effect. ,

(d) in subsection (4) by adding "minister," before "regional manager",

(e) in subsection (5) by striking out "On request of the holder, the regional manager or district manager must" and substituting "The minister, regional manager or district manager, on request of the holder, must", and

(f) in subsection (6) by striking out "On the application of the holder of the agreement the regional manager or district manager must" and substituting "The minister, regional manager or district manager, on application of the holder, must".

33 Section 77 is amended

(a) in subsection (1) (a) by adding "or a first nations woodland licence" after "community forest agreement", and by striking out "or a person authorized by the minister",

(b) in subsection (1.1) by striking out "or a person authorized by the minister", and

(c) in subsections (2) and (3) by striking out "person authorized by the minister,".

34 Section 80.01 (1) is amended in the definition of "agreement" by adding "first nations woodland licence," after "community forest agreement,".

35 Section 83 is amended in subsections (2), (3), (4) and (5) (a) by striking out "woodlot licence or community forest agreement" and substituting "community forest agreement, first nations woodland licence or woodlot licence".

36 Section 111 (4) is amended by adding "or" at the end of paragraph (a), by striking out "or" at the end of paragraph (b) and by repealing paragraph (c).

37 Section 112 is amended by adding the following subsection:

(4) The annual rent payable for a first nations woodland licence is the portion of the allowable annual cut authorized for the licence that the minister determines is attributable to the Crown land referred to in section 43.55 (b), multiplied by the annual rent rate prescribed by the Lieutenant Governor in Council for first nations woodland licences.

38 Section 151 (2) (m.3) is repealed and the following substituted:

(m.3) the surrender of an agreement listed in section 12, including requirements for fulfilling obligations under or in respect of

(i) the agreement, and

(ii) a cutting permit, road permit or road use permit issued to the holder of the agreement; .

39 The following section is added:

Adapting cut control for provisions respecting
first nations woodland licences

151.51  (1) The Lieutenant Governor in Council may make regulations he or she considers necessary or desirable for the purpose of adapting

(a) Division 3.1 of Part 4 of this Act, and

(b) the regulations made for that Division

to take into account the effect of the surrender of a licence or an agreement referred to in section 43.54 (4) (b), including but not limited to regulations

(c) prescribing additional provisions to supplement the provisions of

(i) Division 3.1 of Part 4 of this Act, or

(ii) the regulations made for that Division

as the provisions apply in respect of that licence or agreement or its holder,

(d) varying provisions of that Division or of regulations made for that Division as the provisions apply in respect of that licence or agreement or its holder,

(e) providing that specified provisions of that Division or of regulations made for that Division do not apply to or in respect of that licence or agreement or its holder, and

(f) imposing conditions for the purpose of regulations made under this section.

(2) This section may be repealed by regulation of the Lieutenant Governor in Council and, on that repeal, regulations made under this section are also repealed.

40 Section 151.6 (1) as enacted by section 34 of the Greenhouse Gas Reduction (Emissions Standards) Statutes Amendment Act, 2008, S.B.C. 2008, c. 20, is repealed and the following substituted:

(1) The Lieutenant Governor in Council may make regulations he or she considers necessary or desirable for the purposes of prescribing requirements respecting forestry licences to cut described in section 47.6 (2.11) or fibre supply licences to cut, including but not limited to regulations

(a) prescribing provisions, in addition to the provisions of

(i) Division 8.2 of Part 3 of this Act, or

(ii) the regulations made under that Division,

that apply to or in respect of forestry licences to cut or fibre supply licences to cut or to the holders of forestry licences to cut or fibre supply licences to cut,

(b) varying provisions of Division 8.2 of Part 3 of this Act or of the regulations made under that Division as the provisions apply to or in respect of forestry licences to cut or fibre supply licences to cut or to the holders of forestry licences to cut or fibre supply licences to cut,

(c) providing that specified provisions of Division 8.2 of Part 3 of this Act or of the regulations made under that Division do not apply to or in respect of forestry licences to cut or fibre supply licences to cut or to the holders of forestry licences to cut or fibre supply licences to cut, and

(d) imposing conditions for the purposes of regulations made under this section.

41 The following section is added:

Regulation making power for first nations woodland licences

151.7  (1) The Lieutenant Governor in Council may make regulations he or she considers necessary or desirable for the purposes of prescribing requirements respecting first nations woodland licences, including but not limited to regulations

(a) prescribing provisions, in addition to the provisions of

(i) Division 7.11 of Part 3 of this Act, or

(ii) the regulations made under that Division,

that apply to or in respect of first nations woodland licences or the holders of first nations woodland licences,

(b) varying provisions of Division 7.11 of Part 3 of this Act or of the regulations made under that Division as the provisions apply to or in respect of first nations woodland licences or the holders of first nations woodland licences,

(c) providing that specified provisions of Division 7.11 of Part 3 of this Act or of the regulations made under that Division do not apply to or in respect of first nations woodland licences or the holders of first nations woodland licences, and

(d) imposing conditions for the purposes of regulations made under this section.

(2) This section may be repealed by regulation of the Lieutenant Governor in Council and, on that repeal, regulations made under this section are also repealed.

42 Section 170 (3) (h) is amended by adding ", community forest agreement, first nations woodland licence" after "pulpwood agreement".

43 Section 173 is amended

(a) in subsection (6) by striking out "The regional manager or district manager," and substituting "The minister,",

(b) in subsection (7) by striking out "If the chief forester, minister, regional manager or district manager" and substituting "If the chief forester or minister", by adding ", first nations woodland licence area" after "community forest agreement area" in both places, and by striking out "the chief forester, minister, regional manager or district manager, as the case may be," and substituting "the chief forester or minister, as the case may be,", and

(c) in subsection (8) by striking out "The minister, chief forester, regional manager or district manager, as the case may be," and substituting "The chief forester or minister, as the case may be,".

Forest and Range Practices Act

44 The Forest and Range Practices Act, S.B.C. 2002, c. 69, is amended by adding the following section to Part 1:

Application of Act to first nations woodland licences

2.1 (1) Subject to a regulation made under section 153 (3), this Act and the regulations and standards made under this Act apply to or in respect of a first nations woodland licence described in subsection (2) as if

(a) the first nations woodland licence were a community forest agreement,

(b) the first nations woodland licence area were a community forest agreement area, and

(c) the holder of the first nations woodland licence were a holder of a community forest agreement.

(2) Subsection (1) applies to or in respect of a first nations woodland licence if

(a) the size of the Crown land in the first nations woodland licence area is more than

(i) 800 ha, if the area is located in the Coast Forest Region, or

(ii) 1200 ha, if the area is not located in the Coast Forest Region, or

(b) the licence specifies that it is to be treated as if it were a community forest agreement for the purposes of this Act.

(3) Subject to a regulation made under section 153 (3), this Act and the regulations and standards made under this Act apply to or in respect of a first nations woodland licence described in subsection (4) as if

(a) the first nations woodland licence were a woodlot licence,

(b) the first nations woodland licence area were a woodlot licence area, and

(c) a holder of the first nations woodland licence were a holder of a woodlot licence.

(4) Subsection (3) applies to or in respect of a first nations woodland licence if the size of the Crown land in the first nations woodland licence area is equal to or less than

(a) 800 ha, if the area is located in the Coast Forest Region, or

(b) 1200 ha, if the area is not located in the Coast Forest Region.

(5) A woodlot plan for a first nations woodland licence to which subsection (3) applies expires on the date the size of the Crown land in the first nations woodland licence area increases from a size described in subsection (4) to a size described in subsection (2) (a).

45 Section 3 (1) and (2) is repealed and the following substituted:

(0.1) In subsections (1) and (1.1):

"licence" means

(a) a major licence,

(b) a timber sale licence that requires its holder to prepare a forest stewardship plan, or

(c) a community salvage licence;

"agreement" means

(a) a pulpwood agreement, or

(b) a community forest agreement.

(1) Before the holder of a licence or an agreement harvests timber or constructs a road on land to which the licence or agreement applies, the holder, subject to section 4, must

(a) prepare and obtain the minister's approval of a forest stewardship plan that includes a forest development unit entirely containing the area on which

(i) the timber is to be harvested, and

(ii) the roads are to be constructed, or

(b) propose and obtain the minister's approval of amendments that provide for the holder to become a party to a forest stewardship plan that includes a forest development unit described in paragraph (a).

(1.1) Despite subsection (1), the holder of a licence or an agreement referred to in that subsection may harvest timber or construct roads on an area that is subject to a cutting permit or road permit issued before

(a) the expiry of a forest stewardship plan that includes a forest development unit containing the area subject to the cutting permit or road permit, or

(b) the holder was removed as a party to a forest stewardship plan that includes a forest development unit containing the area subject to the cutting permit or road permit.

(2) Subject to section 4, before the timber sales manager

(a) invites applications for, or enters into, a timber sale licence to which subsection (1) does not apply,

(b) grants a road permit to the holder of a timber sale licence referred to in paragraph (a), or

(c) constructs an access road to an area to be harvested under a timber sale licence referred to in paragraph (a),

the timber sales manager must

(d) prepare and obtain the minister's approval of a forest stewardship plan that includes a forest development unit entirely containing the area

(i) that will be the subject of the activities described in paragraphs (a), (b) and (c) of this subsection, and

(ii) on which timber is to be harvested and roads are to be constructed, or

(e) propose and obtain the minister's approval of amendments that provide for the timber sales manager to become a party to a forest stewardship plan that includes a forest development unit described in paragraph (d).

46 Section 12 is amended by adding the following subsection:

(1.1) Despite subsection (1), the holder of a woodlot licence may harvest timber or construct roads on an area that is subject to a cutting permit or road permit issued before the expiry of a woodlot licence plan that includes the area subject to the cutting permit or road permit.

47 Section 21 is amended by adding the following subsections:

(2.1) If a forest stewardship plan is amended to remove the holder of a licence or an agreement as a party to the plan, subsection (1) continues to apply to that holder if, in relation to any result, strategy or other provision of the plan that applied to the holder immediately before the amendment, there is no provision in another plan, applicable to that holder for the same area to which the amended plan applies, that is identified as being a replacement for the result, strategy or other provision.

(2.2) If a forest stewardship plan is amended to remove the timber sales manager as a party to the plan, subsection (1) continues to apply to the timber sales manager if, in relation to any result, strategy or other provision of the plan that applied to the holder immediately before the amendment, there is no provision in another plan, applicable to the timber sales manager for the same area to which the amended plan applies, that is identified as being a replacement for the result, strategy or other provision.

48 Section 47 is amended by renumbering the section as section 47 (1) and by adding the following subsections:

(2) Despite expiry of the operational plan referred to in subsection (1) (a), subsection (1) continues to apply to the holder of that plan in respect of any area that is

(a) in a forest development unit included in the plan, and

(b) subject to a cutting permit or road permit issued in respect of the plan before the plan expired.

(3) If a forest stewardship plan is amended to remove the holder of a licence or an agreement as a party to the plan, subsection (1) continues to apply to that holder in respect of any area that is

(a) in a forest development unit included in the plan, and

(b) subject to a cutting permit or road permit issued in respect of the plan before the plan was amended.

49 Section 48 is amended by renumbering the section as section 48 (1) and by adding the following subsections:

(2) Despite expiry of the operational plan referred to in subsection (1) (c), subsection (1) continues to apply to the holder of that plan in respect of any area that is

(a) in a forest development unit included in the plan, and

(b) subject to a cutting permit or road permit issued in respect of the plan before the plan expired.

(3) If a forest stewardship plan is amended to remove the holder of a licence or an agreement as a party to the plan, subsection (1) continues to apply to that holder in respect of any area that is

(a) in a forest development unit included in the plan, and

(b) subject to a cutting permit or road permit issued in respect of the plan before the plan was amended.

50 Section 150 (1) (a) (ii) is amended by striking out "Water Act" and substituting "Wildlife Act".

51 Section 153 is amended by adding the following subsection:

(3) The Lieutenant Governor in Council may make regulations respecting first nations woodland licences, first nations woodland licence areas and holders of first nations woodland licences, including regulations

(a) without limiting section 146, providing that specified provisions of regulations made under subsection (1) or (2) do not apply to or in respect of first nations woodland licences, first nations woodland licence areas or holders of first nations woodland licences,

(b) prescribing provisions, in addition to the provisions of regulations made under subsection (1) or (2), that apply to or in respect of first nations woodland licences, first nations woodland licence areas or holders of first nations woodland licences, and

(c) varying provisions of regulations made under subsection (1) or (2) as the provisions apply to or in respect of first nations woodland licences, first nations woodland licence areas or holders of first nations woodland licences.

52 Section 168 (2) is amended by adding the following paragraph:

(a.1) identifying a plant or fungus that occurs naturally on Crown land as being a botanical forest product; .

Park Act

53 Section 11 of the Park Act, R.S.B.C. 1996, c. 344, is amended

(a) in subsection (2.3) by striking out "or" at the end of paragraph (d) and by adding the following paragraph:

(d.1) first nations woodland licence area, or ,

(b) in subsection (2.3) by striking out "under paragraph (a), (b), (c), (d) or (e)" and substituting "under paragraph (a), (b), (c), (d), (d.1) or (e)",

(c) in subsection (3) by adding the following definition:

"first nations woodland licence area" has the same meaning as in the Forest Act; , and

(d) in subsection (3) in the definition of "forest tenure" by striking out "section 12 (1) (a), (c), (d), (e) or (g)" and substituting "section 12 (1) (a), (c), (d), (e), (e.1) or (g)".

Range Act

54 Sections 4 and 6 of the Range Act, S.B.C. 2004, c. 71, are amended by striking out "and" at the end of paragraph (a) and by adding the following paragraph:

(a.1) that is entered into with a first nation or its representative to implement or further an agreement between the first nation and the government respecting treaty-related measures, interim measures or economic measures, must state that it is a condition of the licence that the first nation comply with the agreement, and .

55 Sections 5 (b) and 7 (b) are amended by striking out "if it provides that it is" and substituting "that is".

56 Section 17 is repealed and the following substituted:

Direct award to or in respect of a first nation

17  (1) In this section, "representative" means a person or other legal entity that

(a) is appointed by a first nation as its representative, and

(b) meets prescribed requirements.

(2) The minister may enter into

(a) a grazing or hay cutting permit or licence with a first nation or its representative to implement or further an agreement between the first nation and the government respecting treaty-related measures, interim measures or economic measures, or

(b) a grazing or hay cutting permit with a person to mitigate the effects on that person of

(i) a treaty, or

(ii) an agreement between a first nation and the government respecting treaty-related measures, interim measures or economic measures.

57 Sections 55 (b), 56 and 57 (2) (a) are amended by striking out "section 5 (b) or 7 (b)" and substituting "section 4 (a.1), 5 (b), 6 (a.1) or 7 (b)".

58 Sections 56 and 62 (2) are amended by striking out "permit" wherever it appears and substituting "licence or permit".

59 Section 63 (2) is amended by striking out "a permit" and substituting "a licence or permit" and in paragraph (b) by striking out "the permit" and substituting "the licence or permit."

Commencement

60  This Act comes into force by regulation of the Lieutenant Governor in Council.