BILL 13 – 2008
FOREST AMENDMENT ACT, 2009

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

1 Section 1 (1) of the Forest Act, R.S.B.C. 1996, c. 157, is amended by repealing the definition of "community forest agreement".

2 Section 19 is amended

(a) by repealing subsection (1),

(b) in subsection (6) by striking out "the same as it was before" and substituting "the same as it was immediately before", and

(c) in subsection (7) by striking out "forest licence as defined" in both places and substituting "forest licence as described".

3 Section 24.7 (3) (a) is amended by striking out "section 44 (5) and (6) (b) and either section 44 (6) (a) or 46.1," and substituting "section 44 (4) and (5),".

4 Section 39 is amended

(a) by repealing subsection (1),

(b) in subsection (6) by striking out "the same as it was before" and substituting "the same as it was immediately before",

(c) in subsection (7) by striking out "tree farm licence as defined" in both places and substituting "tree farm licence as described", and

(d) by adding the following subsections:

(7.1) A replaceable tree farm licence may not be replaced under subsection (2) or (3) except with a tree farm licence that is also replaceable.

(7.2) A tree farm licence that provides that a replacement for the tree farm licence must not be offered may not be replaced under subsection (2) or (3) except with a tree farm licence that also provides that a replacement for it must not be offered.

5 Section 43.1 is repealed.

6 Sections 43.2 (1) to (6), (8) and (9) and 43.51 are amended by striking out "probationary" wherever it appears.

7 Section 43.2 (7) is amended by striking out "enter into probationary community forest agreement" and substituting "enter into a community forest agreement".

8 Section 43.3 (a) is repealed and the following substituted:

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

9 Section 43.4 is amended

(a) by repealing subsections (1) to (6) and substituting the following:

(4) Unless a community forest agreement provides that a replacement for the community forest agreement must not be offered, the minister, during the 6 month period following the ninth anniversary of an existing community forest agreement, must offer the holder a replacement community forest agreement.

(5) A community forest agreement offered under subsection (4) 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 community forest agreement,

(b) describe as a community forest agreement area the area subject to the existing community forest agreement and any change to the boundary or area made by the minister under subsection (6), 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.

(6) In accordance with the regulations, and with the consent of the person to whom a community forest agreement is offered under this section, the minister may change the boundary or area in the offered community forest agreement from the boundary or area of the existing community forest agreement. ,

(b) in subsection (8) (b) by striking out "the minister or a person authorized by the minister," and substituting "the minister,",

(c) in subsection (9) (a) by striking out "a long-term community forest agreement containing the terms" and substituting "a community forest agreement containing the terms" and by striking out "holder of the probationary or long-term community forest agreement, and" and substituting "holder of the community forest agreement, and", and

(d) in subsection (9) (b) by striking out "the probationary or long-term community forest agreement expires" and substituting "the existing community forest agreement expires".

10 The following section is added:

Transition for community forest pilot agreements and probationary
community forest agreements

43.41  (1) On the coming into force of this section, the holder of an existing

(a) community forest pilot agreement entered into under section 43.5 as it read immediately before September 17, 2004, or

(b) probationary community forest agreement entered into under section 43.51 as it read immediately before this section came into force,

may, in accordance with section 43.3, enter into a community forest agreement with the regional manager or the regional manager's designate, except that the community forest agreement must

(c) have a term of 25 years,

(d) specify an allowable annual cut that is the same as the allowable annual cut of the community forest pilot agreement or probationary community forest agreement, as the case may be, and

(e) include other terms and conditions that are substantially the same as in the community forest pilot agreement or probationary community forest agreement, as the case may be, except for terms and conditions referred to in section 43.3 (f), which may, in the community forest agreement, be substantially different from those terms and conditions in the community forest pilot agreement or probationary community forest agreement.

(2) A community forest pilot agreement or probationary community forest agreement to which subsection (1) (a) or (b) applies is deemed to be surrendered on the date the community forest agreement is entered into under subsection (1).

11 Section 43.5 is repealed.

12 Section 43.51 (2.1) is repealed and the following substituted:

(2.1) After a community forest agreement has been entered into under subsection (1) with a first nation or its representative, the regional manager or district manager may, if it furthers the objectives set out in subsection (1) (a), and with the consent of the holder of the community forest agreement, increase the area covered by the community forest agreement.

13 The following section is added:

Consolidation of woodlot licences

46.2  (1) Subject to this section, the minister, by a method or combination of methods under subsection (2), may replace 2 woodlot licences held by the same person with one of those woodlot licences held by that person or a new woodlot licence held by that person, if the minister first receives the consent of the holder of the licences.

(2) For the purposes of subsection (1), the methods are as follows:

(a) deleting all or part of the licence area from a woodlot licence and adding the deleted area to the licence area of another woodlot licence;

(b) cancelling a woodlot licence if all or part of the area covered by the licence has been added to the licence area in another woodlot licence;

(c) amending a woodlot licence;

(d) entering into a woodlot licence covering all or part of the same area as was covered in the licences being replaced;

(e) subject to subsection (3), specifying the allowable annual cuts that will apply to areas covered by the woodlot licences amended or entered into under this subsection.

(3) In making a replacement referred to in subsection (1), the minister must ensure that

(a) the allowable annual cut of the amended or new woodlot licence does not exceed the total of the allowable annual cuts of the replaced woodlot licences as they were immediately before the replacement, and

(b) after the replacement, the Crown land in the amended or new woodlot licence area does not exceed the limits set in section 45 (1) (b) (ii).

(4) A woodlot licence as described in paragraph (a.1) of the definition of "licence" in section 75.4 (1) may not be replaced under subsection (1) of this section except with a woodlot licence that is also a woodlot licence as described in paragraph (a.1) of the definition of "licence" in section 75.4 (1).

(5) A replaceable woodlot licence may not be replaced under subsection (1) except with a woodlot licence that is also replaceable.

(6) A woodlot licence that provides that a replacement for the woodlot licence must not be offered may not be replaced under subsection (1) except with a woodlot licence that also provides that a replacement for it must not be offered.

(7) Despite section 45 (1) (a), a woodlot licence that is amended or entered into under this section must not expire later than the earliest expiry date of the woodlot licence it replaces.

14 Section 53 (1) is amended in the definition of "deletion period"

(a) in paragraphs (b) and (d.1) by striking out "commencing with the beginning of the original" and substituting "commencing with the beginning of the term of the original", and

(b) by repealing paragraphs (e) to (g) and substituting the following:

(d.2) a forest licence entered into under section 47.3 and replacements for it, each successive 15 year period commencing with the beginning of the term of the original forest licence entered into under that section,

(e) a woodlot licence entered into under section 44 and replacements for it, each successive 15 year period commencing with the beginning of the term of the original woodlot licence entered into under that section,

(e.1) a woodlot licence entered into under section 47.3 and replacements for it, each successive 15 year period commencing with the beginning of the term of the original woodlot licence entered into under that section,

(f) a community forest agreement entered into under section 43.2 and replacements for it, each successive 25 year period commencing with the beginning of the term of the original community forest agreement entered into under that section,

(g) a community forest agreement entered into under section 43.41 and replacements for it, each successive 25 year period commencing with the beginning of the term of the original community forest pilot agreement entered into under section 43.5 or the original probationary community forest agreement entered into under section 43.51, as the case may be, and

(h) a community forest agreement entered into under section 43.51 and replacements for it, each successive 25 year period commencing with the beginning of the term of the original community forest agreement entered into under that section; .

15 Sections 54.1 (c) and 54.5 (1) (b) (iv) are amended by striking out "section 44 or 46.1," and substituting "section 44,".

16 Section 58.21 (1) is amended by striking out "minister, for a forest management reason specified in the regulations," and substituting "minister, in accordance with the regulations,".

17 Section 75.3 is amended

(a) in subsection (1) by striking out "forest licence or tree farm licence" and substituting "forest licence, woodlot licence or tree farm licence", and

(b) in subsection (4) by striking out "section 19 or 39" and substituting "section 19, 39 or 46.2".

18 Section 75.6 (4) (c) is repealed and the following substituted:

(c) the following must be charged to the first cut control period of that other licence:

(i) the volume of timber harvested that was charged to the replaced licences during the calendar year of the replacement;

(ii) the volume of timber harvested that exceeded the volume that was authorized for, or available to the holders of, the replaced licences for the immediately preceding cut control periods.

19 The following section is added:

Reconciliation of cut control for woodlot licences

75.61  (1) In this section, "licence" means a woodlot licence as described in paragraph (a.1) of the definition of "licence" in section 75.4 (1).

(2) If 2 licences are replaced under section 46.2 by one other licence,

(a) the cut control periods for the replaced licences are deemed to have ended on

(i) the day immediately preceding the last anniversary date of the beginning of the cut control periods for the replaced licences, if the anniversary date of their cut control periods is the same, or

(ii) the earlier of the days immediately preceding the last anniversary dates of the beginning of the cut control periods for the replaced licences, if the anniversary dates of their cut control periods are different,

(b) the first cut control period for the other licence begins on

(i) the last anniversary date of the beginning of the cut control periods for the replaced licences, if the anniversary date of their cut control periods is the same, or

(ii) the earlier of the last anniversary dates of the beginning of the cut control periods for the replaced licences, if the anniversary dates of their cut control periods are different, and

(c) the following must be charged to the first cut control period of that other licence:

(i) the volume of timber harvested that was charged to the replaced licences from the last anniversary date of the beginning of the cut control periods for the replaced licences to the date of the replacement;

(ii) the volume of timber harvested that exceeded the volume that was authorized for the replaced licences for the immediately preceding cut control periods.

20 Section 151 (2) (k.3) is repealed and the following substituted:

(k.3) for the purposes of section 58.21,

(i) the circumstances in which or the reasons for which the minister may postpone the operation of a cutting permit,

(ii) the criteria or conditions that must be met in order for the minister to postpone the operation of a cutting permit, and

(iii) the maximum period of time, including any extensions under subsection (4) of that section, for which a cutting permit may be postponed by the minister, which may be different for different circumstances, reasons, criteria or conditions; .

Commencement

21  This Act comes into force on the date of Royal Assent.