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 by repealing the definition of "allowable annual cut available" and substituting the following:

"allowable annual cut available" means the following:

(a) in relation to a tree farm licence, the portion of the allowable annual cut in respect of the tree farm licence area that is accessible by the holder of the tree farm licence after taking the following into account in accordance with the regulations or in accordance with an agreement authorized under section 151 (2) (a.2):

(i) a reservation referred to in section 35 (1) (h) or (n);

(ii) a deletion of Crown land from the tree farm licence area under section 39.1 respecting

(A) a reservation under subparagraph (i) of this paragraph, or

(B) a reduction under subparagraph (iv) of this paragraph;

(iii) except for the purposes of sections 69 and 70, a reduction under one or both of those sections;

(iv) a reduction under section 3 (3) of the Forestry Revitalization Act;

(b) in relation to a community forest agreement, the portion of the allowable annual cut in respect of the community forest agreement area that is accessible by the holder of the community forest agreement after taking the following into account in accordance with the regulations:

(i) a reservation referred to in section 43.3 (1) (g.2);

(ii) except for the purposes of section 70, a reduction under that section;

(c) in relation to a first nations woodland licence, the portion of the allowable annual cut in respect of the first nations woodland licence area that is accessible by the holder of the first nations woodland licence after taking the following into account in accordance with the regulations:

(i) a reservation referred to in section 43.55 (1) (h.1);

(ii) except for the purposes of section 70, a reduction under that section; .

2 Section 1 (1) is amended in the definition of "bonus offer" by striking out "a lump sum dollar value" and substituting "an amount of money".

3 Sections 13.1 (7) and 14.1 (2) are amended by striking out "section 14," and substituting "section 14 (1),".

4 Section 14.2 is amended

(a) in subsection (2) by striking out "section 14," and substituting "section 14 (1),", and

(b) in subsection (3) by striking out "section 14 (e)" and substituting "section 14 (1) (e)".

5 Section 19 (10) is amended by striking out "section 14 (a)," and substituting "section 14 (1) (a),".

6 Section 22 is amended

(a) by repealing paragraph (e) and substituting the following:

(e) may include provisions

(i) specifying standards and programs established by one or more standard making bodies,

(ii) requiring the holder of the licence to meet the standards and programs specified under subparagraph (i), and

(iii) specifying the manner in which the holder of the licence must conduct operations under the licence in order to meet the standards and programs specified under subparagraph (i),

(e.1) may specify when and how a bonus offer required under section 20 must be paid and, if the bonus offer may be paid in instalments, the amount of each instalment, ,

(b) by striking out "and" at the end of paragraph (f) (ii), and

(c) by repealing paragraph (f) (iii) and substituting the following:

(iii) if a bonus bid is required under section 20, a bonus bid in the amount tendered under that section, and

(iv) if a bonus offer is required under section 20, a bonus offer in the amount tendered under that section, at the times and in the manner, if any, specified in the timber sale licence, unless the holder of the licence is exempt under section 22.1 from the requirement to pay the bonus offer, and .

7 The following section is added:

Exemption from requirement to pay bonus offer

22.1  (1) The holder of a timber sale licence for which a bonus offer was tendered is not required to pay the bonus offer if the licence is surrendered or expires before any Crown timber is harvested under the timber sale licence.

(2) Subsection (1) does not apply to a timber sale licence for which applications under section 20 are invited before the date this section comes into force.

8 The following sections are added:

BCTS disposition agreements

22.2  (1) In this section and section 22.3:

"BCTS" means the BC Timber Sales program within the ministry;

"BCTS disposition agreement" means a BCTS disposition agreement referred to in subsection (2);

"BCTS licence" means

(a) a timber sale licence under section 20, or

(b) a forestry licence to cut under section 47.6 (3);

"non-BCTS licence" means a forest licence, tree farm licence, community forest agreement, first nations woodland licence or woodlot licence.

(2) The minister may enter into a BCTS disposition agreement on behalf of the government for the purposes of

(a) allowing the holder of a non-BCTS licence to temporarily release to the government some of the holder's rights to harvest Crown timber under the non-BCTS licence, and

(b) making the released rights available for disposition, to persons other than the holder of the non-BCTS licence, in the form of one or more BCTS licences.

(3) The minister may not enter into a BCTS disposition agreement that would allow for the release of rights to harvest Crown timber under a non-BCTS licence if any of the rights under the non-BCTS licence are under suspension, in whole or in part, under section 76.

(4) A BCTS disposition agreement

(a) must describe the rights that the holder of the non-BCTS licence is releasing to the government, including identifying the non-BCTS licence under which those rights are held,

(b) must specify the consideration to be provided by the government to the holder of the non-BCTS licence for the value of the rights released to the government,

(c) may provide that the BCTS disposition agreement ends on a specified date, and

(d) may provide for any other matter the minister considers necessary for the purposes of subsection (2).

(5) The exclusive right to harvest Crown timber under a tree farm licence, community forest agreement, first nations woodland licence or woodlot licence is subject to the right to harvest Crown timber under a BCTS licence if

(a) rights to harvest Crown timber under the tree farm licence, community forest agreement, first nations woodland licence or woodlot licence are released to the government under a BCTS disposition agreement, and

(b) the BCTS licence is entered into or granted as a result of the release of rights referred to in paragraph (a).

(6) Nothing under this section, or under a BCTS disposition agreement entered into under this section, limits the application of any of the following:

(a) a reservation referred to in section 35 (1) (h) or (n), 43.3 (1) (g.2) or 43.55 (1) (h.1);

(b) section 47.9, 49.1, 61, 72, 73, 75.8, 115, 116, 117 or 118.

Volume harvested under BCTS licence deemed to be harvested
under non-BCTS licence for cut control purposes

22.3  For the purposes of paragraph (a) of the definition of "volume of timber harvested" in section 75.1 (1) and the definition of "volume of timber harvested" in a licence referred to in section 75.11 (1), if

(a) rights to harvest Crown timber under a non-BCTS licence are released to the government under a BCTS disposition agreement, and

(b) a BCTS licence is entered into or granted as a result of the release of rights referred to in paragraph (a),

the amount of timber that is merchantable Crown timber that is removed under the BCTS licence is deemed to be harvested under the non-BCTS licence.

9 Section 35 (1) (e) is amended by striking out "subject to the provisions of this Act," and substituting "subject to this Act and the licence,".

10 Section 43.3 is amended

(a) by renumbering the section as section 43.3 (1),

(b) in subsection (1) (e) by striking out "to authorize the holder of the community forest agreement to harvest timber" and substituting "to authorize its holder to harvest the allowable annual cut available to its holder",

(c) by striking out "and" at the end of subsection (1) (g.1),

(d) in subsection (1) by adding the following paragraph:

(g.2) may require that a specified amount of timber on Crown land within the community forest agreement area is to be reserved and available for disposition, to persons other than the holder of the community forest agreement, under

(i) timber sale licences, or

(ii) forestry licences to cut under section 47.6 (3), and , and

(e) by adding the following subsection:

(2) A reservation referred to in subsection (1) (g.2) must not be included in the following:

(a) a community forest agreement entered into before the date this subsection comes into force, unless

(i) the community forest agreement already includes the reservation, or

(ii) the holder of the community forest agreement agrees to include the reservation;

(b) a replacement for a replaceable community forest agreement, unless paragraph (a) (i) or (ii) of this subsection applies in relation to the replaceable community forest agreement.

11 Section 43.41 (1) is amended

(a) by striking out "section 43.3," and substituting "section 43.3 (1),",

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

(c) in paragraph (c) by striking out "have" and substituting "must have",

(d) in paragraph (d) by striking out "specify" and substituting "must specify" and by striking out "and",

(e) by adding the following paragraph:

(d.1) must not include a reservation referred to in section 43.3 (1) (g.2), and , and

(f) in paragraph (e) by striking out "include" and substituting "must include" and by striking out "section 43.3 (f.1)," and substituting "section 43.3 (1) (f.1),".

12 Section 43.55 is amended

(a) by renumbering the section as section 43.55 (1),

(b) in subsection (1) (e) by striking out "to authorize its holder to harvest timber" and substituting "to authorize its holder to harvest the allowable annual cut available to its holder",

(c) by striking out "and" at the end of subsection (1) (h),

(d) in subsection (1) by adding the following paragraph:

(h.1) may require that a specified amount of timber on Crown land within the first nations woodland licence area is to be reserved and available for disposition, to persons other than the holder of the first nations woodland licence, under

(i) timber sale licences, or

(ii) forestry licences to cut under section 47.6 (3), and , and

(e) by adding the following subsection:

(2) A reservation referred to in subsection (1) (h.1) must not be included in the following:

(a) a first nations woodland licence entered into before the date this subsection comes into force, unless the holder of the first nations woodland licence agrees to include the reservation;

(b) a replacement for a replaceable first nations woodland licence entered into before the date this subsection comes into force, unless the holder of the replaceable first nations woodland licence agrees to include the reservation.

13 Section 47.7 (g.1) is repealed and the following substituted:

(g.1) may include provisions

(i) specifying standards and programs established by one or more standard making bodies,

(ii) requiring the holder of the licence to meet the standards and programs specified under subparagraph (i), and

(iii) specifying the manner in which the holder of the licence must conduct operations under the licence in order to meet the standards and programs specified under subparagraph (i), and .

14 Section 53 is amended by adding the following subsection:

(1.2) For the purposes of this section and Divisions 2 and 4 of this Part, "agreement" includes a pulpwood agreement.

15 Section 54 (2) is amended by adding the following paragraph:

(d.2) in the case of a disposition of an agreement

(i) that is a non-BCTS licence, as defined in section 22.2 (1), and

(ii) in relation to which rights to harvest Crown timber have been released to the government under a BCTS disposition agreement under section 22.2,

all rights and obligations of the holder of the non-BCTS licence under the BCTS disposition agreement are assumed by the recipient of that non-BCTS licence, .

16 Section 70 is amended

(a) in subsections (2) and (4) by striking out "the holder of a major licence," and substituting "the holder of an agreement that is a major licence," and by striking out "issued under the licence or agreement." and substituting "issued under the agreement.",

(b) by repealing subsections (2) (a) and (b) and (4) (a) and (b) and substituting the following:

(a) available to the holder of the agreement, if the agreement is

(i) a major licence that is a tree farm licence,

(ii) a community forest agreement, or

(iii) a first nations woodland licence, or

(b) for the agreement, if the agreement is

(i) a major licence other than a tree farm licence, or

(ii) a woodlot licence , and

(c) in subsection (3) by striking out "the holder of the licence or agreement," and substituting "the holder of the agreement,".

17 Section 72 is amended

(a) in subsections (9) (b) and (10) (b) by striking out "section 43.3 (f.1)," and substituting "section 43.3 (1) (f.1),", and

(b) in subsections (9) (c) and (10) (c) by striking out "section 43.55 (g) (i)." and substituting "section 43.55 (1) (g) (i)."

18 Section 76 is amended

(a) in subsections (1) (c) and (3.1) (a) by striking out "section 14 (g.1), 22 (f.1)," and substituting "section 14 (1) (g.1),",

(b) in subsection (1.1) (a) by striking out "section 14 (g.1)," and substituting "section 14 (1) (g.1),", and

(c) by repealing subsection (1.1) (b).

19 Section 76 is amended

(a) in subsections (1) (c) and (3.1) (a) by striking out "43.3 (g.1), 43.55 (h)," and substituting "43.3 (1) (g.1), 43.55 (1) (h),",

(b) in subsection (1.1) (c) by striking out "section 43.3 (g.1)," and substituting "section 43.3 (1) (g.1),", and

(c) in subsection (1.1) (c.01) by striking out "section 43.55 (h)," and substituting "section 43.55 (1) (h),".

20 Section 81 is amended

(a) in subsection (5) by striking out "either of", and

(b) by repealing subsection (6) and substituting the following:

(6) The grounds for refusal referred to in subsection (5) are that one or both of the following have not paid stumpage or other money payable to the government by the due date under section 130:

(a) the applicant;

(b) a person not at arm's length, as defined in the Income Tax Act (Canada), from the applicant.

(7) The grounds for refusal described in subsection (6) apply whether or not the applicant or person has made arrangements satisfactory to the revenue minister to pay the stumpage or other money.

21 Section 103 (2) is repealed and the following substituted:

(2) Nothing in subsection (1) limits a requirement under this Act, or under an agreement entered into under this Act, to pay a bonus offer.

22 Section 109 is amended

(a) by adding the following subsection:

(0.1) In this section, "BC Timber Sales official" means a person who

(a) is employed in the ministry of the minister, and

(b) is designated by the minister, by name or title, as a BC Timber Sales official. ,

(b) in subsection (2) by adding the following paragraph:

(j) dispositions of property under subsection (5). ,

(c) by adding the following subsections:

(2.1) Amounts, other than taxes, payable to the government under an agreement entered into under section 118 of the Forests and Range Practices Act must be credited to the BC Timber Sales Account if the agreement is entered into by a BC Timber Sales official who is authorized or designated, under that section, to enter into the agreement.

(2.2) Costs recovered from a ministry, including costs recovered from the ministry of the minister responsible for the administration of this Act, in relation to any of the following services must be credited to the BC Timber Sales Account if the services are provided to the ministry, on direction of the minister responsible for the administration of this Act, by or through a BC Timber Sales official:

(a) silviculture services;

(b) forest protection services;

(c) services respecting the classification or rehabilitation of forest resources;

(d) prescribed services. ,

(d) in subsection (3) by adding the following paragraph:

(a.1) to defray the costs of consideration provided under BCTS disposition agreements referred to in section 22.2 and to defray any other costs associated with those agreements, ,

(e) in subsection (3) by striking out "and" at the end of paragraph (d) and by adding the following paragraphs:

(d.1) to defray the costs associated with agreements in relation to which subsection (2.1) applies,

(d.2) to defray the costs associated with the provision of services in relation to which subsection (2.2) applies,

(d.3) to defray the costs associated with dispositions of property under subsection (5), and , and

(f) by adding the following subsection:

(5) The minister may dispose of any of the following property:

(a) any property of the government, other than logging roads, acquired with money derived from expenditures made under section 109 (3) (a), (b) or (c);

(b) bridges purchased by the government with money derived from expenditures made under section 109 (3) (d).

23 Section 112 (3) is amended

(a) by striking out "the allowable annual cut authorized for the agreement" and substituting "the allowable annual cut available to the holder of the agreement, during the year to which the total annual rent pertains,", and

(b) by striking out "section 43.3 (b)," and substituting "section 43.3 (1) (b),".

24 Section 112 (4) is amended

(a) by striking out "the allowable annual cut authorized for the licence" and substituting "the allowable annual cut available to the holder of the licence, during the year to which the total annual rent pertains,", and

(b) by striking out "section 43.55 (b)," and substituting "section 43.55 (1) (b),".

25 Section 118 is amended

(a) by renumbering the section as section 118 (1), and

(b) by adding the following subsection:

(2) A road permit associated with a timber sale licence may include provisions

(a) specifying standards and programs established by one or more standard making bodies,

(b) requiring the holder of the permit to meet the standards and programs specified under paragraph (a), and

(c) specifying the manner in which the holder of the permit must conduct operations under the permit in order to meet the standards and programs specified under paragraph (a).

26 Section 151 (2) (a.1) is repealed and the following substituted:

(a.1) for the purpose of the definition of "allowable annual cut available" in section 1 (1), specifying the criteria, circumstances, rules, methods or formulas to be used in relation to

(i) the reservations, deletions or reductions respecting a tree farm licence,

(ii) the reservations or reductions respecting a community forest agreement, and

(iii) the reservations or reductions respecting a first nations woodland licence; .

27 Section 151 (2) is amended by adding the following paragraph:

(p.01) prescribing services for the purposes of section 109 (2.2) (d), which services must be consistent with a purpose or function of the ministry referred to in section 4 (a), (b) or (c) of the Ministry of Forests and Range Act; .

28 Section 157 (c) is amended by striking out "sections 14 (g)" and substituting "sections 14 (1) (g)".

Forest and Range Practices Act

29 Section 118 of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is amended

(a) by repealing subsection (2) (c) and substituting the following:

(c) the minister or an official designated by the minister may enter into agreements under which the government provides

(i) forest or range protection services,

(ii) forest or range health services, or

(iii) services related to operations under agreements under the Forest Act that are carried out before or after timber is harvested, or ,

(b) in subsection (3) by striking out "An amount equal to" and substituting "Subject to subsection (4), an amount equal to", and

(c) by adding the following subsection:

(4) Subsection (3) does not apply if the official designated to enter into the agreement is a BC Timber Sales official.

Land Act

30 Section 10 (3) of the Land Act, R.S.B.C. 1996, c. 245, is amended by striking out "or" at the end of paragraph (b), by adding ", or" at the end of paragraph (c) and by adding the following paragraph:

(d) the Crown land is the subject of a minister's order under section 10.1.

31 The following sections are added:

When no application for Crown land may be made

10.1  (1) The minister may, by order, specify that no application for Crown land may be made in respect of one or more of the following:

(a) an area of the province;

(b) an activity;

(c) a use;

(d) a period of time;

(e) a class of applicant.

(2) An order made under subsection (1) must be published by the minister for the term of the order on a publicly accessible website maintained by or on behalf of the minister.

(3) An order made under subsection (1) does not apply to an application that was received by the minister prior to the making of the order.

Disposition of Crown land not required – minister's regulations

11.1  (1) The minister may make regulations as follows:

(a) prescribing circumstances, purposes, activities, users or occupiers in relation to which or to whom the use and occupation of Crown land is authorized without a disposition, provided that the use or occupation complies with regulations made under paragraphs (b) and (c);

(b) establishing rules, restrictions or conditions respecting the use or occupation of Crown land referred to in paragraph (a);

(c) respecting works, structures or other improvements on Crown land referred to in paragraph (a).

(2) The minister may, by order, designate areas of Crown land that are excluded from the application of a regulation under subsection (1).

(3) For the purposes of a regulation under subsection (1) and an order under subsection (2), the minister may establish and provide differently for different classes of circumstances, purposes, activities, users or occupiers.

32 Section 11 is amended by adding the following subsection:

(5) Subsection (3) (c) does not apply to a disposition in respect of which regulations are made under section 110 (2) (c).

33 Section 14 is repealed.

34 Section 15 (6) is repealed and the following substituted:

(6) An order under subsection (2) does not prevent the minister from issuing to an applicant a licence to occupy the Crown land reserved by the order for any of the following:

(a) a period not longer than 2 years to conduct appraisals, inspections, analyses, inventories, surveys or other investigations of the land or of its natural resources;

(b) a period not longer than 2 years for any purpose authorized under this Act;

(c) construction of a road, non-commercial airstrip, bridge or trail over the land.

35 Section 28 is amended

(a) by striking out "Leases or other dispositions" and substituting "Unless the minister determines that its disposition should be made by public auction or public notice of tender, a lease, licence or right of way", and

(b) by striking out "may provide for payment of a royalty for material removed from the land at rates to be determined by the minister." and substituting "must provide for payment of a royalty for material removed from the land in accordance with the regulations."

36 Section 32 (1) and (2) is repealed and the following substituted:

(1) An application for disposition by purchase, lease, licence of occupation, easement or right of way must be

(a) made to the minister in the form specified by the minister, and

(b) accompanied by the application fee and the information required by the minister.

(2) If the application complies with this Act and the regulations and has been accepted, the minister must publish the application on a publicly accessible website maintained by or on behalf of the minister.

37 Section 33 is amended

(a) in subsection (2) (a) by striking out "Notice of Intention to Apply" and substituting "Notice of Application",

(b) in subsection (2) (c) by striking out "and occupation",

(c) by adding "and" at the end of subsection (2) (d),

(d) by repealing subsection (2) (e),

(e) in subsection (2) (f) by striking out "intends to apply" and substituting "has applied", and

(f) by repealing subsection (3) and substituting the following:

(3) The applicant must publish the notice

(a) in the Gazette or a newspaper circulating in the land recording district where the land is located, or in both, for the number of issues and within the period required by the minister, or

(b) in accordance with regulations made by the minister.

38 The following section is added:

Public comments on notice of application

33.1  (1) Before a disposition is made, a person may provide comments to the minister on the application for disposition.

(2) In the case of a disposition in relation to which the minister has required publication of a notice of the application in accordance with section 33 (1), the minister must accept comments for no less than 14 days after the notice is first published under section 33 (3).

(3) Failure to provide an opportunity to comment in accordance with this section, and including, without limitation, failure to publish an application in accordance with section 32 (2) does not render a disposition invalid.

39 Section 40 (3) is repealed.

40 Sections 63 and 64 are repealed.

41 Section 96 is amended

(a) in subsection (1) by striking out "at a rate the minister determines," and substituting "at a rate set by regulation,", and

(b) by repealing subsection (2) and substituting the following:

(2) Payment of the rent, if required by the minister under subsection (1), is a condition precedent to the issue of a disposition.

42 Section 107 is amended by striking out ", a person appointed under section 63 (2)".

43 Section 110 (2), (3) and (4) is repealed and the following substituted:

(2) Without limiting subsection (1), but subject to section 6 (3), the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing the rate of interest for the purpose of section 61 (1);

(b) respecting fees for applications required under this Act or for the provision of a service or the performance of a duty by the government under this Act;

(c) in the case of leases, licences or rights of way that are the result of an application under this Act, respecting

(i) payments for the leases, licences or rights of way, and

(ii) royalties to be provided for in leases, licences or rights of way granted for a matter referred to in section 28 (1);

(d) respecting rates of rent for the purposes of section 96.

(2.1) Without limiting subsection (2), regulations under that subsection may

(a) prescribe the amount of a fee or royalty,

(b) establish one or more methods for calculating the amount of a fee, payment, rent or royalty,

(c) identify the person who is required to pay a fee or royalty or make a payment, or

(d) specify when a fee, payment or royalty must be paid.

(2.2) Despite subsection (2.1) (b), the Lieutenant Governor in Council may prescribe minimum amounts for payments and rents.

(3) Regulations under subsections (2), (2.1) and (2.2) and the fees, payments, rents or royalties established under those subsections may be different for

(a) different applications or classes of applications,

(b) different services and duties or classes of services and duties and services and duties performed in different circumstances,

(c) different persons or classes of persons,

(d) different areas of the province,

(e) land above and land below the natural water boundary,

(f) different dispositions, applicants and land uses or classes of dispositions, applicants and land uses, and

(g) different materials referred to in section 28.

(4) Regulations under subsections (2), (2.1) and (2.2) may exempt, with or without conditions, persons or classes of persons from the requirement to pay all or part of one or more fees, payments, rents or royalties.

44 The following section is added:

Power to make regulations – minister

111  (1) The minister may make regulations as follows:

(a) for the purposes of section 11.1;

(b) governing the publication of a notice of application under section 33 (3) (b).

(2) Without limiting section 60, a regulation made under subsection (1) (a) of this section may provide that

(a) contravention of one or more provisions of the regulation constitutes an offence, and

(b) a person who is guilty of an offence created under paragraph (a) is liable to a penalty not greater than the penalties provided in the Offence Act.

Land Surveyors Act

45 Section 45 (a) (ii) of the Land Surveyors Act, R.S.B.C. 1996, c. 248, is repealed.

Land Title Act

46 Schedule 2 of the Land Title Act, R.S.B.C. 1996, c. 250, is repealed and the following substituted:

Schedule 2

Definitions

1  In this Schedule:

"original fee", in relation to a pending application, means the fee payable under section 386.1 (1) (a) when the application is tendered;

"specified family order" means

(a) an order respecting child support or spousal support under the Family Law Act, or

(b) a maintenance order within the meaning of the Family Maintenance Enforcement Act.

Transitional Provision, Validation Provision
and Consequential Amendment

Land Act transition – notice of objection

47  (1) Sections 63 and 64 of the Land Act, as they read immediately before their repeal by this Act, continue to apply in respect of a notice of objection filed under section 63 before that section's repeal comes into force.

(2) Section 107 of the Land Act as it read immediately before its amendment by this Act, continues to apply to a person appointed under section 63 (2) in respect of a notice of objection referred to in subsection (1) of this section.

Forest Act – validation of timber reservation in
Tanizul Timber Ltd.'s community forest agreement

48  (1) In this section:

"Tanizul Timber community forest agreement" means the community forest agreement that

(a) was entered into under the Forest Act between the government and Tanizul Timber Ltd., and

(b) is dated for reference and became effective on November 1, 2009;

"Tanizul timber reservation" means the provisions in the Tanizul Timber community forest agreement that authorize the timber sales manager to dispose of a specified volume of the allowable annual cut determined for the area of land that is subject to the Tanizul Timber community forest agreement;

"validation period" means the period beginning on November 1, 2009 and ending on the date this section comes into force.

(2) The Tanizul Timber community forest agreement is confirmed and conclusively deemed to be valid to the extent it would be valid had section 43.3 (1) (g.2) of the Forest Act been in force on November 1, 2009.

(3) Every licence and permit that, during the validation period, is entered into or granted under the Forest Act as a result of the Tanizul timber reservation is confirmed and conclusively deemed to be valid to the extent the licence or permit would be valid had subsection (2) of this section been in force on the date the licence or permit was entered into or granted.

(4) All things done during the validation period that would have been validly done had subsections (2) and (3) of this section been in force on the day they were done are conclusively deemed to have been validly done.

(5) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.

Petroleum and Natural Gas Act

49 Section 1 of the Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, is amended by repealing paragraph (b) (i) of the definition of "unoccupied Crown land".

Commencement

50  The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

 
Explanatory Notes

SECTION 1: [Forest Act, section 1] defines "allowable annual cut available" in relation to community forest agreements and first nations woodland licences, consequential to the addition by this Bill of sections 43.3 (1) (g.2) and 43.55 (1) (h.1) to the Act.

SECTION 2: [Forest Act, section 1] is consequential to the addition by this Bill of section 22 (e.1) to the Act.

SECTION 3: [Forest Act, sections 13.1 and 14.1] updates cross-references.

SECTION 4: [Forest Act, section 14.2] updates cross-references.

SECTION 5: [Forest Act, section 19] updates a cross-reference.

SECTION 6: [Forest Act, section 22]

• provides that timber sale licences may include provisions respecting standards and programs established by standard making bodies;
• authorizes timber sale licences to specify when and how a bonus offer must be paid;
• specifies requirements that must be included in timber sale licences in relation to the payment of bonus offers.

SECTION 7: [Forest Act, section 22.1] exempts the holder of a timber sale licence from the requirement to pay a bonus offer if the timber sale licence is surrendered or expires before any Crown timber is harvested under the licence.

SECTION 8: [Forest Act, sections 22.2 and 22.3]

• authorizes the minister to enter into a BCTS disposition agreement for the purposes of
• allowing the holder of a non-BCTS licence to temporarily release some of the holder's rights to harvest Crown timber under the licence, and
• making the released rights available for disposition to other persons in the form of one or more BCTS licences;
• prohibits the minister from entering into a BCTS disposition agreement with the holder of a non-BCTS licence if any of the holder's rights under the licence are under suspension under section 76 of the Act;
• sets out provisions that must or may be included in a BCTS disposition agreement;
• provides that the exclusive right to harvest Crown timber under a tree farm licence, community forest agreement, first nations woodland licence or woodlot licence is subject to the right to harvest Crown timber under a BCTS licence if the BCTS licence is entered into or granted as a result of rights released under a BCTS disposition agreement;
• clarifies that nothing under section 22.2, or under a BCTS disposition agreement entered into under section 22.2, limits the application of other specified sections of the Act;
• provides that for specified purposes and in specified circumstances, Crown timber harvested under a BCTS licence is deemed to be Crown timber harvested under a non-BCTS licence.

SECTION 9: [Forest Act, section 35] clarifies that the exclusive right to harvest Crown timber under a tree farm licence may also be subject to provisions set out in the licence itself.

SECTION 10: [Forest Act, section 43.3]

• provides that a community forest agreement may require that timber on Crown land be reserved and available for disposition, to persons other than the holder of the community forest agreement, under timber sale licences or forestry licences to cut under section 47.6 (3);
• provides a transitional rule consequential to the addition by this Bill of section 43.3 (1) (g.2) to the Act.

SECTION 11: [Forest Act, section 43.41] is consequential to amendments made by this Bill to section 43.3 of the Act.

SECTION 12: [Forest Act, section 43.55]

• provides that a first nations woodland licence may require that timber on Crown land be reserved and available for disposition, to persons other than the holder of the first nations woodland licence, under timber sale licences or forestry licences to cut under section 47.6 (3);
• provides a transitional rule consequential to the addition by this Bill of section 43.55 (1) (h.1) to the Act.

SECTION 13: [Forest Act, section 47.7] provides that forestry licences to cut may include provisions respecting standards and programs established by standard making bodies.

SECTION 14: [Forest Act, section 53] allows pulpwood agreements to be transferred, suspended and cancelled.

SECTION 15: [Forest Act, section 54] provides that the disposition of a non-BCTS licence in relation to which rights to harvest Crown timber have been released to the government under a BCTS disposition agreement is without effect unless the recipient of the non-BCTS licence assumes the licence holder's rights and obligation under the BCTS disposition agreement.

SECTION 16: [Forest Act, section 70] is consequential to the addition by this Bill of sections 43.3 (1) (g.2) and 43.55 (1) (h.1) to the Act.

SECTION 17: [Forest Act, section 72] is consequential to amendments made by this Bill to sections 43.3 and 43.55 of the Act.

SECTION 18: [Forest Act, section 76] updates cross-references.

SECTION 19: [Forest Act, section 76] is consequential to amendments made by this Bill to sections 43.3 and 43.55 of the Act.

SECTION 20: [Forest Act, section 81] clarifies that applications referred to in subsection (5) of the section may be refused if stumpage or other money payable to the government has not been paid by the due date, whether or not arrangements have been made to pay the overdue stumpage or money.

SECTION 21: [Forest Act, section 103] clarifies the intended meaning of subsection (2) of the section.

SECTION 22: [Forest Act, section 109]

• requires that revenue derived from the disposition of property under subsection (5) of the section, as added by this Bill, be credited to the BC Timber Sales Account;
• requires that amounts payable to the government under an agreement entered into under section 118 of the Forest and Range Practices Act be credited to the BC Timber Sales Account if the agreement is entered into by a BC Timber Sales official;
• requires that costs recovered from a ministry be credited to the BC Timber Sales Account if the costs relate to certain services provided by or through a BC Timber Sales official;
• authorizes expenditures from the BC Timber Sales Account, consequential to the addition by this Bill of sections 22.2 and 109 (2.1), (2.2) and (5) to the Act;
• authorizes the minister to dispose of certain property, other than logging roads, acquired with money derived from expenditures made under subsection (3) of the section.

SECTION 23: [Forest Act, section 112] is consequential to amendments made by this Bill to section 43.3 of the Act.

SECTION 24: [Forest Act, section 112] is consequential to amendments made by this Bill to section 43.55 of the Act.

SECTION 25: [Forest Act, section 118] provides that road permits associated with timber sale licences may include provisions respecting standards and programs established by standard making bodies.

SECTION 26: [Forest Act, section 151] adds regulation making powers consequential to amendments made by this Bill to the definition of "allowable annual cut available" in section 1 (1) of the Act.

SECTION 27: [Forest Act, section 151] adds a regulation making power consequential to the addition by this Bill of section 109 (2.2) (d) to the Act.

SECTION 28: [Forest Act, section 157] updates a cross-reference.

SECTION 29: [Forest and Range Practices Act, section 118] provides authority for the minister or a designated official to enter into agreements under which the government provides services related to operations under agreements under the Forest Act that are carried out before or after timber is harvested.

SECTION 30: [Land Act, section 10] allows the minister to refuse to receive an application for disposition of Crown land if the land is subject to an order under section 10.1 as enacted by this Bill.

SECTION 31: [Land Act, sections 10.1 and 11.1] allows the minister to make

• orders specifying that applications for Crown land may not be made in specified circumstances,
• regulations providing for uses of Crown land that do not require a disposition of the land, and
• orders excluding areas of Crown land from a regulation that provides for uses of Crown land without a disposition of the land.

SECTION 32: [Land Act, section 11] provides that, where regulations have specified the consideration that must be paid for a disposition of Crown land that is made on application under the Act, the minister may not set the consideration.

SECTION 33: [Land Act, section 14] is self-explanatory.

SECTION 34: [Land Act, section 15] is consequential to the repeal of section 14 of the Act by this Bill.

SECTION 35: [Land Act, section 28] allows royalty payments for leases, licenses and rights of way to be set by regulation.

SECTION 36: [Land Act, section 32] replaces the requirement to make an application for disposition to the commissioner with the requirement to make the application to the minister, and requires the minister to publish the application on a website.

SECTION 37: [Land Act, section 33] makes minor adjustments and allows minister's regulations to govern publication of notices of application for disposition of Crown land.

SECTION 38: [Land Act, section 33.1] establishes the opportunity for public comment on applications for disposition of Crown land in place of the notice of objection process in sections 63 and 64 that are repealed by this Bill.

SECTION 39: [Land Act, section 40] is self-explanatory.

SECTION 40: [Land Act, sections 63 and 64] is self-explanatory.

SECTION 41: [Land Act, section 96] specifies that, if the minister requires rent to be paid in respect of the occupation of land without a disposition, the amount of rent is that set out in regulation.

SECTION 42: [Land Act, section 107] is consequential to the repeal of sections 63 and 64 of the Act by this Bill.

SECTION 43: [Land Act, section 110] authorizes the Lieutenant Governor in Council to make regulations to

• set amounts payable for
• disposition by lease, licence or right of way,
• royalties under a lease, licence or right of way, and
• rents under section 96,
• establish methods for calculating the amounts payable,
• provide differently for different matters, and
• exempt persons or classes of persons from the requirement to pay all or part of an amount.

SECTION 44: [Land Act, section 111] allows

• the minister to make regulations for the purposes of section 11.1 and governing publication of a notice of application under section 33, and
• regulations for the purposes of section 11.1 to specify that their contravention is an offence.

SECTION 45: [Land Surveyors Act, section 45] repeals the requirement that a person be a Canadian citizen or permanent resident of Canada to be admitted as a land surveyor.

SECTION 46: [Land Title Act, Schedule 2] simplifies the categories of services set out in the schedule and adjusts the amounts payable under section 386.1 (1) (a) of the Land Title Act for those services.

SECTION 47: [Land Act transition – notice of objection] provides transition in respect of the repeal of sections 63 and 64 by this Bill.

SECTION 48: [Forest Act – validation of timber reservation in Tanizul Timber Ltd.'s community forest agreement] validates Tanizul Timber Ltd.'s community forest agreement and matters related to the agreement, to the extent they would be valid had section 43.3 (1) (g.2) of the Forest Act, as added by this Bill, been in force on the date Tanizul Timber Ltd.'s community forest agreement became effective.

SECTION 49: [Petroleum and Natural Gas Act, section 1] is consequential to the repeal of section 14 of the Land Act by this Bill.