HIS 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 adding the following definition:

"contract logging authorization" means an authorization issued under section 51.1 (1); .

2 Section 22 is amended

(a) by renumbering the section as section 22 (1),

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

(g) may include other terms and conditions that are determined by the timber sales manager and that, subject to subsection (2), are consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts. , and

(c) by adding the following subsections:

(2) Terms and conditions included in a timber sale licence

(a) may set requirements or restrictions that are more stringent than the requirements and restrictions that apply to the holder under this Act, the Forest and Range Practices Act, the Wildfire Act or any standards made under those Acts, and

(b) may do any of the following:

(i) specify standards and programs established by one or more standard making bodies;

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

(iii) specify 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).

(3) The holder of a timber sale licence must comply with the terms and conditions of the licence.

3 Section 47.7 is amended

(a) by renumbering the section as section 47.7 (1),

(b) by adding "and" at the end of paragraph (g),

(c) by repealing subsection (1) (g.1) and (h) and substituting the following:

(h) may include other terms and conditions that are determined by the minister or timber sales manager and that, subject to subsection (2), are consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts. , and

(d) by adding the following subsections:

(2) Terms and conditions included in a forestry licence to cut

(a) may set requirements or restrictions that are more stringent than the requirements and restrictions that apply to the holder under this Act, the Forest and Range Practices Act, the Wildfire Act or any standards made under those Acts, and

(b) may do any of the following:

(i) specify standards and programs established by one or more standard making bodies;

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

(iii) specify 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).

(3) The holder of a forestry licence to cut must comply with the terms and conditions of the licence.

4 The heading to Division 9.1 of Part 3 is repealed and the following substituted:

Division 9.1 – Christmas Tree Permits, Contract Logging Authorizations and Government Use .

5 The following sections are added:

Contract logging authorization

51.1 (1) A timber sales manager may issue a contract logging authorization to a person contracted by BCTS to harvest Crown timber in accordance with the terms of the contract.

(2) For certainty, a contract logging authorization does not grant to the holder any rights to the Crown timber harvested under the authorization.

(3) A contract logging authorization

(a) is an agreement under the Forest Act for the purposes of the definition of "forest practice" in the Forest and Range Practices Act, and

(b) may include terms and conditions that the timber sales manager considers appropriate and that, subject to subsection (4), are consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts.

(4) Terms and conditions included in a contract logging authorization

(a) may set requirements or restrictions that are more stringent than the requirements and restrictions that apply to the holder under this Act, the Forest and Range Practices Act, the Wildfire Act or any standards made under those Acts, and

(b) may do any of the following:

(i) specify standards and programs established by one or more standard making bodies;

(ii) require the holder of the authorization to meet the standards and programs specified under subparagraph (i);

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

(5) The holder of a contract logging authorization must comply with the terms and conditions of the authorization.

Limitation on issuance of contract logging authorizations

51.2 A timber sales manager may not issue a contract logging authorization if the timber sales manager does not hold an operational plan, as required under the Forest and Range Practices Act, that applies to the area subject to the authorization.

6 Section 52 is amended

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

(b) may include terms and conditions that the minister or timber sales manager considers appropriate and that, subject to subsection (2.1), are consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts. , and

(b) by adding the following subsections:

(2.1) Terms and conditions included in an authorization under subsection (1) may set requirements or restrictions that are more stringent than the requirements and restrictions that apply to the holder under this Act, the Forest and Range Practices Act, the Wildfire Act or any standards made under those Acts.

(2.2) The holder of an authorization under subsection (1) must comply with the terms and conditions of the authorization.

7 Section 58.1 is amended

(a) in subsection (6) by striking out "the timber sales manager" in both places and substituting "the minister", and

(b) by adding the following subsection:

(6.1) A request referred to in subsection (6) must

(a) be submitted within 30 days after the date an application for an extension under subsection (1) is made,

(b) be signed by, or on behalf of, the requesting person, and

(c) specify the reasons for the request.

8 Section 109 is amended

(a) in subsection (3) (b) by striking out ", and that are incidental to operations that yield BC timber sales revenue" and substituting "and that are incidental to BCTS operations",

(b) in subsection (3) (c) by striking out "protection of forests and administration" and substituting "protection of forests, administration",

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

(d.4) to defray the costs associated with contract logging authorizations and with timber harvesting carried out under contract logging authorizations, including the costs of

(i) preparing or purchasing operational plans,

(ii) carrying out or purchasing assessments to formulate operational plans,

(iii) construction and maintenance of logging roads and bridges, protection of forests, administration and other forest management requirements, and

(iv) purchasing, renting or leasing a logging road or bridge,

(d.5) to defray the costs associated with silviculture carried out after an obligation to establish a free-growing stand is fulfilled, and ,

(d) by adding the following subsection:

(3.1) Subsection (3) of this section applies despite section 21 (3) of the Financial Administration Act. ,

(e) in subsection (5) (a) by striking out "under section 109 (3) (a), (b) or (c)" and substituting "under subsection (3) (a), (b), (c) or (d.4)", and

(f) in subsection (5) (b) by striking out "under section 109 (3) (d)" and substituting "under subsection (3) (d) or (d.4)".

9 Section 114 is amended in the definition of "eligible holder" by striking out "or" at the end of paragraph (e), by adding ", or" at the end of paragraph (f) and by adding the following paragraph:

(g) contract logging authorization; .

Forest and Range Practices Act

10 Section 2.35 (3) of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is amended

(a) in paragraph (b) by striking out "the holder of a timber sale licence" and substituting "the holder of a timber sale licence or contract logging authorization",

(b) in paragraph (c) by striking out "under a timber sale licence" and substituting "under a timber sale licence or contract logging authorization", and

(c) by adding the following paragraph:

(d) issue a contract logging authorization.

11 Section 2.36 (3) is amended

(a) in paragraph (d) by striking out "subject to a timber sale licence" and substituting "subject to a timber sale licence or contract logging authorization", and

(b) by adding the following paragraphs:

(e) the approximate location of each proposed area to be subject to contract logging authorizations that the timber sales manager intends to issue during the term of the forest operations plan;

(f) the location of each area that is subject to a contract logging authorization.

12 Section 2.41 (1) is amended by striking out "a cutting permit, road permit or timber sale licence" and substituting "a cutting permit, road permit, timber sale licence or contract logging authorization".

13 Section 2.46 (2) is repealed and the following substituted:

(2) On or before December 31 of each calendar year, a timber sales manager who holds a forest operations plan must publish on a ministry website a forest development schedule that shows each location in the forest operations area that will be included in either of the following:

(a) a timber sale licence for which the timber sales manager intends to invite applications in the next calendar year;

(b) a contract logging authorization that the timber sales manager intends to issue in the next calendar year.

14 Section 3 (2) is amended

(a) by adding the following paragraph:

(a.1) issue a contract logging authorization; ,

(b) in paragraph (b) by striking out "the holder of a timber sale licence" and substituting "the holder of a timber sale licence or contract logging authorization", and

(c) in paragraph (c) by striking out "under a timber sale licence" and substituting "under a timber sale licence or contract logging authorization".

15 Section 15.2 is amended

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

(a) prepare a forest operations map that

(i) shows the approximate locations of cutblocks that are to be harvested under timber sale licences for which the timber sales manager intends to invite applications during the operating period,

(ii) shows the approximate locations of areas that are to be subject to contract logging authorizations that the timber sales manager intends to issue during the operating period,

(iii) shows the approximate locations of roads that the timber sales manager intends to construct during the operating period in order to access timber to be harvested under timber sale licences or contract logging authorizations, and

(iv) conforms to prescribed requirements; , and

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

(3) Nothing in this section is intended to limit the authority of a timber sales manager

(a) to invite applications for or issue a timber sale licence,

(b) to issue a contract logging authorization, or

(c) to construct a road.

16 Section 20.23 is amended by adding the following subsection:

(3) If a forest operations plan or forest stewardship plan applies to a portion of an area that is subject to a contract logging authorization on either of the following dates, as applicable, the plan, as it read on the applicable date, continues to apply in relation to the activities carried out under the authorization in the portion despite any subsequent amendment, replacement or expiration of the plan:

(a) unless paragraph (b) applies, the date on which the authorization is issued;

(b) if the portion was added to the area by an amendment to the authorization, the date on which the authorization was amended.

17 Section 20.24 (a) is repealed and the following substituted:

(a) the portion is

(i) a permit area of a cutting permit or road permit,

(ii) a licence area of a timber sale licence, or

(iii) an area subject to a contract logging authorization, .

18 Section 20.27 is amended by striking out "under a timber sale licence" and substituting "under a timber sale licence or contract logging authorization".

19 Section 151.1 (g) is amended by striking out "section 15.2 (2) (a) (i) and (ii)" and substituting "section 15.2 (2) (a) (i) to (iii)".

Commencement

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

Explanatory Notes

CLAUSE 1: [Forest Act, section 1] adds a definition of "contract logging authorization".

CLAUSE 2: [Forest Act, section 22]

• allows for terms and conditions included in a timber sale licence to be more stringent than the requirements and restrictions that apply under the Act and other statutes;
• requires the holder of a timber sale licence to comply with terms and conditions;
• makes consequential and housekeeping amendments.

CLAUSE 3: [Forest Act, section 47.7]

• allows for terms and conditions included in a forestry licence to cut to be more stringent than the requirements and restrictions that apply under the Act and other statutes;
• requires the holder of a forestry licence to cut to comply with terms and conditions;
• makes consequential and housekeeping amendments.

CLAUSE 4: [Forest Act, heading to Division 9.1 of Part 3] repeals and replaces a Division heading.

CLAUSE 5: [Forest Act, sections 51.1 and 51.2]

• establishes contract logging authorizations as a new form of authorization that may be issued by a timber sales manager;
• allows for terms and conditions to be included in a contract logging authorization and for those terms and conditions to be more stringent than the requirements and restrictions that apply under the Act and other statutes;
• requires the holder of a contract logging authorization to comply with terms and conditions;
• requires a timber sales manager to hold an operational plan before issuing a contract logging authorization.

CLAUSE 6: [Forest Act, section 52]

• allows for terms and conditions included in an authorization to be more stringent than the requirements and restrictions that apply under the Act and other statutes;
• requires the holder of an authorization to comply with terms and conditions.

CLAUSE 7: [Forest Act, section 58.1]

• shifts the authority to waive a fee from the timber sales manager to the minister;
• specifies how a request for the waiver of the fee may be made.

CLAUSE 8: [Forest Act, section 109]

• adds purposes for which money in the BC Timber Sales Account may be expended;
• clarifies that a provision of the Financial Administration Act does not apply in relation to expenditures from the BC Timber Sales Account;
• makes consequential and housekeeping amendments.

CLAUSE 9: [Forest Act, section 114] amends the definition of "eligible holder" to include the holder of a contract logging authorization.

CLAUSE 10: [Forest and Range Practices Act, section 2.35] requires a timber sales manager to hold an approved forest operations plan before taking specified actions relating to contract logging authorizations.

CLAUSE 11: [Forest and Range Practices Act, section 2.36] requires a map included in a forest operations plan to show the locations of areas to be subject to contract logging authorizations.

CLAUSE 12: [Forest and Range Practices Act, section 2.41] provides that the parts of a proposed forest operations plan that relate to a contract logging authorization in effect on the date the plan is submitted for approval are considered to have received the minister's approval.

CLAUSE 13: [Forest and Range Practices Act, section 2.46] requires a timber sales manager to include in a forest development schedule each location to be included in a contract logging authorization.

CLAUSE 14: [Forest and Range Practices Act, section 3] requires a timber sales manager to hold an approved forest stewardship plan before taking specified actions relating to contract logging authorizations.

CLAUSE 15: [Forest and Range Practices Act, section 15.2] requires a timber sales manager to include in a forest operations map the locations of areas to be subject to contract logging authorizations.

CLAUSE 16: [Forest and Range Practices Act, section 20.23] specifies which version of a forest operations plan or forest stewardship plan applies in relation to activities carried out under a contract logging authorization.

CLAUSE 17: [Forest and Range Practices Act, section 20.24] provides that the specified requirements to amend a forest operations plan or forest stewardship plan do not apply to a portion of the plan area if the portion is an area subject to a contract logging authorization.

CLAUSE 18: [Forest and Range Practices Act, section 20.27] provides that the minister may construct a road to provide access to an area to be harvested under a contract logging authorization despite the approval of or refusal to approve a plan.

CLAUSE 19: [Forest and Range Practices Act, section 151.1] makes a consequential amendment.