Bill 13 — 2010: Forests and Range (First Nations Woodland Licence) Statutes Amendment Act, 2010

HONOURABLE PAT BELL
MINISTER OF FORESTS AND RANGE AND MINISTER
RESPONSIBLE FOR THE INTEGRATED
LAND MANAGEMENT BUREAU

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:

SECTION 1: [Forest Act, section 1]

(a) is consequential to the amendments to section 8 (1) (a) and the addition of Division 7.11 of Part 3 to the Act by this Bill,

(b) adds a definition of "first nations woodland licence area", and

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

"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:

SECTION 2: [Forest Act, section 8]

(a) adds a reference to first nations woodland licence areas, consequential to the addition of Division 7.11 of Part 3 to the Act by this Bill,

(b) provides consistency with other amendments to the section, and

(c) replaces references to the regional manager or his or her designate with references to the minister, to remove the reference to directions of the chief forester and to add a reference to first nations woodland licence areas.

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

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

(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.

SECTION 3: [Forest Act, section 8.1] is consequential to the amendments to section 8 (1) (a) and the addition of Division 7.11 of Part 3 to the Act by this Bill.

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

SECTION 4: [Forest Act, section 10]

(a) is consequential to the amendments to section 8 (1) (a) and the addition of Division 7.11 of Part 3 to the Act by this Bill, and

(b) removes a redundant reference to "for the tree farm licence area".

(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".

SECTION 5: [Forest Act, section 12] adds first nations woodland licences to the agreements listed in section 12, consequential to the addition of Division 7.11 of Part 3 to the Act by this Bill.

SECTION 6: [Forest Act, section 14] provides consistency with the addition of section 43.55 (h) to the Act by this Bill.

(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".

SECTION 7: [Forest Act, section 35] corrects an omission in amendments made under the Forests and Range Statutes Amendment Act, 2007.

SECTION 8: [Forest Act, section 43.2] removes words that are redundant given section 1.1 of the Act.

(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".

SECTION 9: [Forest Act, section 43.3] provides consistency with the addition of section 43.55 (h) to the Act by this Bill.

(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".

SECTION 10: [Forest Act, section 43.41] adjusts a cross-reference.

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

SECTION 11: [Forest Act, section 43.51]

(a) provides consistency with the addition of section 43.54 to the Act by this Bill, and

(b) replaces a reference to the regional manager or district manager with a reference to the minister.

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

(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".

SECTION 12: [Forest Act, section 43.52] provides consistency with the addition of section 43.57 to the Act by this Bill.

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.

SECTION 13: [Forest Act, Division 7.11 of Part 3] adds a new Division 7.11 to create an area-based tenure for first nations, modeled on community forest agreements, that may be entered into to further an agreement with the government respecting treaty-related measures, interim measures or economic measures.

Award of first nations woodland licence

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

(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

(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) 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,

(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,

(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

(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.

(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.

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

(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.

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.

SECTION 14: [Forest Act, section 45] provides consistency with the addition of section 43.55 (h) to the Act by this Bill.

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".

SECTION 15: [Forest Act, section 47.3] provides consistency with the addition of section 43.54 to the Act by this Bill.

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

(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

(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".

SECTION 16: [Forest Act, section 53] adds a paragraph that applies to first nations woodland licences in the definition of "deletion period" in section 53 (1), consequential to the addition of Division 7.11 of Part 3 to the Act by this Bill.

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; .

SECTION 17: [Forest Act, section 54.4]

(a) adds a reference to a first nations woodland licence, consequential to the addition of Division 7.11 of Part 3 to the Act by this Bill, and authorizes the Lieutenant Governor in Council to approve the transfer of an agreement, and

(b) provides authority for the Lieutenant Governor in Council to attach conditions to an approval under section 54.4 (1) (b), as amended by this Bill.

(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:

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

SECTION 18: [Forest Act, section 54.5] adds a subparagraph that applies to first nations woodland licences, consequential to the addition of Division 7.11 of Part 3 to the Act by this Bill.

(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, .

SECTION 19: [Forest Act, section 60.01] adds a reference to a first nations woodland licence area and a first nations woodland licence, consequential to the addition of Division 7.11 of Part 3 to the Act by this Bill.

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

SECTION 20: [Forest Act, section 60.3] adds a reference to a first nations woodland licence area, consequential to the addition of Division 7.11 of Part 3 to the Act by this Bill.

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:

SECTION 21: [Forest Act, section 60.5] adds a reference to a first nations woodland licence, consequential to the amendments to sections 60.01 and 60.3 of the Act by this Bill.

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".

SECTION 22: [Forest Act, sections 60.5 and 173] adds references to a first nations woodland licence area, consequential to the addition of Division 7.11 of Part 3 to the Act by this Bill.

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

SECTION 23: [Forest Act, sections 60.501, 60.7 and 173] adds references to a first nations woodland licence area, consequential to the addition of Division 7.11 of Part 3 to the Act by this Bill.

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".

SECTION 24: [Forest Act, sections 60.501, 60.51, 60.7 and 72] adds references to a first nations woodland licence, consequential to the addition of Division 7.11 of Part 3 to the Act by this Bill.

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".

SECTION 25: [Forest Act, sections 60.51, 60.91, 60.92, 60.94, 60.95, 111 and 115] adds references to a first nations woodland licence, consequential to the addition of Division 7.11 of Part 3 to the Act by this Bill.

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,".

SECTION 26: [Forest Act, section 60.7] adds references to a first nations woodland licence, consequential to the addition of Division 7.11 of Part 3 to the Act by this Bill.

(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".

SECTION 27: [Forest Act, section 60.91] adds references to a first nations woodland licence, consequential to the amendments to sections 60.3 and 60.7 of the Act by this Bill.

(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".

SECTION 28: [Forest Act, section 61]

(a) adds a reference to a first nations woodland licence, consequential to the addition of Division 7.11 of Part 3 to the Act by this Bill, and

(b) replaces references to "licensee" with references to "holder of the licence or agreement".

(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

(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".

SECTION 29: [Forest Act, section 62] replaces references to a "licence" with references to a "licence or agreement", consequential to the amendments to section 61 of the Act by this Bill.

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

SECTION 30: [Forest Act, section 70] adds references to a first nations woodland licence, consequential to the addition of Division 7.11 of Part 3 to the Act by this Bill.

(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,".

SECTION 31: [Forest Act, section 72] provides for first nations woodland licences, consequential to the addition of Division 7.11 of Part 3 to the Act by this Bill.

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).

SECTION 32: [Forest Act, section 76] adds a reference consequential to the addition of section 43.55 (h) to the Act by this Bill, and removes a redundant reference to "a person authorized by the minister".

(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), ,

(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".

SECTION 33: [Forest Act, section 77] removes redundant references to "a person authorized by the minister" and adds a reference to a first nations woodland licence, consequential to the addition of Division 7.11 of Part 3 to the Act by this Bill.

(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,".

SECTION 34: [Forest Act, section 80.01] adds a reference to a first nations woodland licence in the definition of "agreement", consequential to the addition of Division 7.11 of Part 3 to the Act by this Bill.

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

SECTION 35: [Forest Act, section 83] adds references to a first nations woodland licence, consequential to the addition of Division 7.11 of Part 3 to the Act by this Bill.

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".

SECTION 36: [Forest Act, section 111] repeals the authority to set different rates of annual rent for particular community forest agreements identified by their number.

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).

SECTION 37: [Forest Act, section 112] adds a provision respecting the calculation of annual rent payable for first nations woodland licences, consequential to the addition of Division 7.11 of Part 3 to the Act by this Bill.

(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.

SECTION 38: [Forest Act, section 151] clarifies that regulations respecting the surrender of agreements listed in section 12 of the Act may include requirements for fulfilling obligations under cutting permits, road permits or road use permits.

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

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

SECTION 39: [Forest Act, section 151.51] adds regulation making powers to adapt cut control provisions for first nations woodland licences.

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

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

(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

(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.

SECTION 40: [Forest Act, section 151.6] amends a not in force provision in the Greenhouse Gas Reduction (Emissions Standards) Statutes Amendment Act, 2008, to provide consistency with the addition of section 151.7 to the Act by this Bill.

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

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.

SECTION 41: [Forest Act, section 151.7] adds regulation making powers to prescribe requirements respecting first nations woodland licences, including prescribing provisions that apply to first nations woodland licences in addition to the provisions of Division 7.11 of Part 3 of the Act as added by this Bill.

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

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.

SECTION 42: [Forest Act, section 170] adds a reference to a first nations woodland licence, consequential to the addition of Division 7.11 of Part 3 to the Act by this Bill.

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

SECTION 43: [Forest Act, section 173] replaces references to the regional manager or district manager with references to the minister and adds a reference to a first nations woodland licence area, consequential to the addition of Division 7.11 of Part 3 to the Act by this Bill.

(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,".

SECTION 44: [Forest and Range Practices Act, section 2.1] specifies that first nations woodland licences are to be treated either like community forest agreements or woodlot licences, depending on the size and location of Crown land in the first nations woodland licence area.

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

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

(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

(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

(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

(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).

SECTION 45: [Forest and Range Practices Act, section 3] adds definitions, specifies that the holder of a licence or agreement, or the timber sales manager, can carry out certain activities if they join a forest stewardship plan, and outlines the circumstances under which the holder of a licence or agreement can carry out timber harvesting or road construction activities after the expiry of a forest stewardship plan or after the holder is removed as a party to the plan by an amendment to the plan.

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

(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

(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.

(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

(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

(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).

SECTION 46: [Forest and Range Practices Act, section 12] provides an exemption to section 12 (1) for the holder of a woodlot licence, consistent with the exemption for the holders of other licences and agreements under section 3 (1.1) of the Act, as added by this Bill.

(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.

SECTION 47: [Forest and Range Practices Act, section 21] specifies the circumstances under which a forest stewardship plan continues to apply to the holder of a licence or agreement, or to the timber sales manager, after the holder or the manager is removed as a party to the plan by an amendment to the plan.

(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.

SECTION 48: [Forest and Range Practices Act, section 47] specifies the circumstances under which obligations relating to invasive plants continue to apply to the holder of an operational plan after the plan expires and, in the case of a forest stewardship plan, after the holder is removed as a party to the plan by an amendment to the plan.

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

(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

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

SECTION 49: [Forest and Range Practices Act, section 48] specifies the circumstances under which obligations relating to natural range barriers continue to apply to the holder of an operational plan after the plan expires and, in the case of a forest stewardship plan, after the holder is removed as a party to the plan by an amendment to the plan.

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

(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

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

SECTION 50: [Forest and Range Practices Act, section 150] replaces a reference to the minister responsible for the Water Act with a reference to the minister responsible for the Wildlife Act.

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

SECTION 51: [Forest and Range Practices Act, section 153] adds a regulation making power respecting first nations woodland licences, consequential to the addition of section 2.1 to the Act by this Bill.

(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.

SECTION 52: [Forest and Range Practices Act, section 168] adds a regulation making power authorizing the Lieutenant Governor in Council to identify plants or fungi as botanical forest products.

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

SECTION 53: [Park Act, section 11] is consequential to the addition of Division 7.11 of Part 3 to the Forest Act by this Bill,

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

(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)",

"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)".

SECTION 54: [Range Act, sections 4 and 6] provides consistency with amendments to section 17 of the Act by this Bill and the addition of section 43.55 (h) to the Forest Act by this Bill.

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 .

SECTION 55: [Range Act, sections 5 and 7] provides consistency with amendments to section 17 of the Act by this Bill and the addition of section 43.55 (h) to the Forest Act by this Bill.

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

SECTION 56: [Range Act, section 17] provides consistency with the addition of section 43.54 to the Forest Act by this Bill, and authorizes the minister to directly award grazing or hay cutting licences to First Nations.

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) 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

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

SECTION 57: [Range Act, sections 55 to 57] is consequential to amendments to sections 4 and 6 of the Act by this Bill.

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)".

SECTION 58: [Range Act, sections 56 and 62] is consequential to amendments to section 17 of the Act by this Bill.

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

SECTION 59: [Range Act, section 63] is consequential to amendments to section 17 of the Act by this Bill.

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.

Explanatory Notes