Great Bear Rainforest (Forest Management) Regulation (B.C. Reg. 327/2016)

B.C. Reg. 327/2016 O.C. 973/2016 Deposited December 21, 2016 effective January 1, 2017 Great Bear Rainforest (Forest Management) Act GREAT BEAR RAINFOREST (FOREST MANAGEMENT) REGULATION Note: Check the Cumulative Regulation Bulletin 2015 and 2016 for any non-consolidated amendments to this regulation that may be in effect. [includes amendments up to B.C. Reg. 328/2016, January 1, 2017] Contents Part 1 — Definitions and Interpretation 1 Definitions 1.1 Interpretation for tables in sections 8, 12 and 16 Part 2 — Maximum AAC and Abolition of TSAs 2 Maximum AAC for GBR forest management area 3 Abolition of TSAs Part 3 — GBR North TSA 4 Designation of GBR North TSA 5 AAC for GBR North TSA 6 AAC partition for GBR North TSA 7 Apportionment of cut in GBR North TSA 8 AACs for forest licences in GBR North TSA Part 4 — GBR South TSA 9 Designation of GBR South TSA 10 AAC for GBR South TSA 11 Apportionment of cut in GBR South TSA 12 AACs for forest licences in GBR South TSA Part 5 — North Island TSA 13 Designation of North Island TSA 14 AAC for North Island TSA 15 Apportionment of cut in North Island TSA 16 AACs for forest licences in North Island TSA 17 AACs for new forest licences in North Island TSA Part 6 — Pacific TSA 18 AAC for Pacific TSA 19 Apportionment of cut in GBR part of Pacific TSA 20 Apportionment of cut in non-GBR part of Pacific TSA Part 7 — TFL 25 21 AAC for TFL area for TFL 25 22 Allocation of AAC for TFL area for TFL 25 Part 8 — TFL 39 Division 1 — AAC for TFL Area for TFL 39 23 AAC for TFL area for TFL 39 24 Partition of AAC for TFL area for TFL 39 Division 2 — Adaption of Cut Control for TFL 39 25 Definitions for Division 2 26 Application of Division 2 27 Notional division of TFL 39 28 Cut control rules for TFL 39 29 Assignment of timber harvested under TFL 39 30 Rules for excess volume harvested under TFL 39 Part 9 — TFL 45 31 AAC for TFL area for TFL 45 Part 10 — TFL 47 Division 1 — AAC for TFL Area for TFL 47 32 AAC for TFL area for TFL 47 Division 2 — Adaption of Cut Control for TFL 47 33 Definitions for Division 2 34 Application of Division 2 35 Notional division of TFL 47 36 Cut control rules for TFL 47 37 Assignment of timber harvested under TFL 47 38 Rules for excess volume harvested under TFL 47 Part 1 — Definitions and Interpretation Definitions 1 In this regulation: "AAC" means allowable annual cut; "Act" means the Great Bear Rainforest (Forest Management) Act; "affected forest licence" has the same meaning as in section 26 (1) [definitions for Part 4] of the Act; "GeoBC map" means a map deposited in the Media Vault, GeoBC, Victoria; "TFL" means tree farm licence; "TSA" means timber supply area. [am. B.C. Reg. 328/2016, Sch. s. 2.] Interpretation for tables in sections 8, 12 and 16 1.1 (1) In an item of a table in section 8 (2) [AACs for forest licences in GBR North TSA], 12 [AACs for forest licences in GBR South TSA] or 16 [AACs for forest licences in North Island TSA]: "exempt forest licence" has the same meaning as in section 26 (1) of the Act; "former TSA", in relation to a forest licence, means the TSA that was specified in the licence, as that licence read on December 31, 2016; "licence holder", in relation to a forest licence, means the person that holds the licence as of January 1, 2017. (2) In an item of a table referred to in subsection (1), an affected forest licence is identified by the following information: (a) in column 1, the licence number of the licence; (b) in column 2, the licence holder; (c) in column 3, the licence's former TSA. [en. B.C. Reg. 328/2016, Sch. s. 3.] Part 2 — Maximum AAC and Abolition of TSAs Maximum AAC for GBR forest management area 2 The maximum AAC for the GBR forest management area is 2 500 000 m3. Abolition of TSAs 3 The following TSAs are abolished: (a) the North Coast TSA; (b) the Mid Coast TSA; (c) the Kingcome TSA; (d) the Strathcona TSA. [en. B.C. Reg. 328/2016, Sch. s. 5.] Part 3 — GBR North TSA Designation of GBR North TSA 4 The land contained within the boundaries shown and described on the GeoBC map with the map name Great Bear Rainforest North Timber Supply Area and map reference number 577.3409711 G786 TSA1 2016 is designated as the GBR North TSA. [en. B.C. Reg. 328/2016, Sch. s. 6.] AAC for GBR North TSA 5 The AAC for the Crown land in the GBR North TSA is 803 000 m3. [en. B.C. Reg. 328/2016, Sch. s. 6.] AAC partition for GBR North TSA 6 (1) The AAC of 803 000 m3 specified for the GBR North TSA is partitioned as follows: (a) 468 600 m3 is attributable to those areas of Crown land that (i) are located within the North Island Central Coast Forest District established under the Forest Act, and (ii) are not located within the Owikeno Lake basin; (b) 113 200 m3 is attributable to western red cedar and yellow cedar located within the Coast Mountain Forest District established under the Forest Act. (2) For the purposes of subsection (1) (a) (ii), the Owikeno Lake basin is the area located within the boundaries shown and labelled as the Owikeno Lake basin on the map referred to in section 4 [designation of GBR North TSA]. [en. B.C. Reg. 328/2016, Sch. s. 6.] Apportionment of cut in GBR North TSA 7 In respect of the AAC of 803 000 m3 specified for the GBR North TSA, (a) 685 024 m3 is available to the minister for the purposes of granting under agreements referred to in section 12 (1) [form of agreements] of the Forest Act, and (b) 117 976 m3 is available to the timber sales manager for the purposes of granting under agreements referred to in section 12 (2) of the Forest Act. [en. B.C. Reg. 328/2016, Sch. s. 6.] AACs for forest licences in GBR North TSA 8 (1) For the purposes of paragraph (c) of the definition of "exempt forest licence" in section 26 (1) [definitions for Part 4] of the Act, the affected forest licences identified in items 8, 12 and 20 of the table in subsection (2) are prescribed. (2) For an affected forest licence identified in the following table, (a) the GBR North TSA is the area in which Crown timber may be harvested under the licence, and (b) the AAC set out in column 4, opposite the licence's identification information in columns 1 to 3, is the AAC that may be harvested under that licence: Item Column 1 Licence No. Column 2 Licence Holder Column 3 Former TSA Column 4 AAC (m3) 1 A71731 Gitga'at Forestry Inc. North Coast not specified (exempt forest licence) 2 A93864 Gwa'nak Resources Ltd. Mid Coast not specified (exempt forest licence) 3 A94046 Gwa'nak Resources Ltd. Mid Coast not specified (exempt forest licence) 4 A16841 Interfor Corporation North Coast 24 488 5 A16850 Interfor Corporation Mid Coast 83 382 6 A82001 Interfor Corporation Mid Coast 66 671 7 A82002 Interfor Corporation Mid Coast 22 223 8 A94009 Kitasoo Forest Company Ltd. North Coast not specified (exempt forest licence) 9 A94536 Kitasoo Forest Company Ltd. Mid Coast not specified (exempt forest licence) 10 A83918 Kvamua Enterprises Limited Partnership Mid Coast not specified (exempt forest licence) 11 A93776 Kvamua Forestry Services Ltd. Mid Coast not specified (exempt forest licence) 12 A94010 Kvamua Forestry Services Ltd. North Coast not specified (exempt forest licence) 13 A94515 Kvamua Forestry Services Ltd. Mid Coast not specified (exempt forest licence) 14 A94516 Kvamua Forestry Services Ltd. Mid Coast not specified (exempt forest licence) 15 A90762 Nanwakolas Forestry Limited Partnership Mid Coast not specified (exempt forest licence) 16 A87259 Nuxalk Forestry Limited Partnership Mid Coast not specified (exempt forest licence) 17 A16837 Sonora Logging Limited North Coast 14 049 18 A16838 Sonora Logging Limited North Coast 10 001 19 A16848 SWC Holdings Ltd. Mid Coast 10 001 20 A16820 Triumph Timber Ltd. North Coast not specified (exempt forest licence) 21 A16845 Western Forest Products Inc. Mid Coast 136 029 22 A16847 Western Forest Products Inc. Mid Coast 19 674 [en. B.C. Reg. 328/2016, Sch. s. 6.] Part 4 — GBR South TSA Designation of GBR South TSA 9 The land contained within the boundaries shown and described on the GeoBC map with the map name Great Bear Rainforest South Timber Supply Area and map reference number 577.3409711 G786 TSA2 2016 is designated as the GBR South TSA. [en. B.C. Reg. 328/2016, Sch. s. 6.] AAC for GBR South TSA 10 The AAC for the Crown land in the GBR South TSA is 830 500 m3. [en. B.C. Reg. 328/2016, Sch. s. 6.] Apportionment of cut in GBR South TSA 11 In respect of the AAC of 830 500 m3 specified for the GBR South TSA, (a) 608 445 m3 is available to the minister for the purposes of granting under agreements referred to in section 12 (1) [form of agreements] of the Forest Act, and (b) 222 055 m3 is available to the timber sales manager for the purposes of granting under agreements referred to in section 12 (2) of the Forest Act. [en. B.C. Reg. 328/2016, Sch. s. 6.] AACs for forest licences in GBR South TSA 12 For an affected forest licence identified in the following table, (a) the GBR South TSA is the area in which Crown timber may be harvested under the licence, and (b) the AAC set out in column 4, opposite the licence's identification information in columns 1 to 3, is the AAC that may be harvested under that licence: Item Column 1 Licence No. Column 2 Licence Holder Column 3 Former TSA Column 4 AAC (m3) 1 A92581 Da'naxda'xw Forestry Services Ltd. Kingcome not specified (exempt forest licence) 2 A93095 Gwa'nak Resources Ltd. Kingcome not specified (exempt forest licence) 3 A93096 Gwa'nak Resources Ltd. Kingcome not specified (exempt forest licence) 4 A94311 Gwa'nak Resources Ltd. Kingcome not specified (exempt forest licence) 5 A94047 Gwa'nak Resources Ltd. Kingcome not specified (exempt forest licence) 6 A90455 Homalco Forestry Limited Partnership Strathcona not specified (exempt forest licence) 7 A19232 Interfor Corporation Strathcona 20 837 8 A19238 Interfor Corporation Kingcome 167 395 9 A77806 Interfor Corporation Kingcome 111 596 10 A77807 Interfor Corporation Kingcome 95 034 11 A86955 Interfor Corporation Strathcona 17 320 12 A90383 Kwiakah First Nation Strathcona not specified (exempt forest licence) 13 A19242 Mill & Timber Products Ltd. Kingcome 40 029 14 A49542 Northwest Hardwoods Canada, Inc. Kingcome 10 932 15 A92058 Qwe'Qwa'sot'em Forestry Ltd. Kingcome not specified (exempt forest licence) 16 A20913 Timberwest Forest Corp. Strathcona 24 006 17 A29159 Timberwest Forest Corp. Strathcona 21 412 18 A19244 Western Forest Products Inc. Kingcome 14 065 [en. B.C. Reg. 328/2016, Sch. s. 6.] Part 5 — North Island TSA Designation of North Island TSA 13 The land contained within the boundaries shown and described on the GeoBC map with the map name North Island Timber Supply Area and map reference number 577.3409711 G786 TSA3 2016 is designated as the North Island TSA. [en. B.C. Reg. 328/2016, Sch. s. 6.] AAC for North Island TSA 14 The AAC for the Crown land in the North Island TSA is 1 248 100 m3. [en. B.C. Reg. 328/2016, Sch. s. 6.] Apportionment of cut in North Island TSA 15 In respect of the AAC of 1 248 100 m3 specified for the North Island TSA, (a) 885 510 m3 is available to the minister for the purposes of granting under agreements referred to in section 12 (1) [form of agreements] of the Forest Act, and (b) 362 590 m3 is available to the timber sales manager for the purposes of granting under agreements referred to in section 12 (2) of the Forest Act. [en. B.C. Reg. 328/2016, Sch. s. 6.] AACs for forest licences in North Island TSA 16 For an affected forest licence identified in the following table, (a) the North Island TSA is the area in which Crown timber may be harvested under the licence, and (b) the AAC set out in column 4, opposite the licence's identification information in columns 1 to 3, is the AAC that may be harvested under that licence: Item Column 1 Licence No. Column 2 Licence Holder Column 3 Former TSA Column 4 AAC (m3) 1 A19236 Aat'uu Forestry Limited Partnership Strathcona 55 445 2 A84558 Ka:'yu:'k't'h'/Che:k:tles7et'h' First Nations Strathcona not specified (exempt forest licence) 3 A75083 Lions Gate Forest Products Ltd. Kingcome not specified (exempt forest licence) 4 A53745 Matchlee Limited Partnership Strathcona 16 918 5 A90791 Nuchatlaht Strathcona not specified (exempt forest licence) 6 A74689 Raven Industries Ltd. Strathcona 10 336 7 A19243 Richmond Plywood Corporation Limited Kingcome 38 109 8 A91925 Tlowitsis Tribe Strathcona not specified (exempt forest licence) 9 A94321 Tlowitsis Tribe Strathcona not specified (exempt forest licence) 10 A19231 Western Forest Products Inc. Strathcona 303 283 11 A90802 WWK Forestry Limited Partnership Strathcona not specified (exempt forest licence) 12 A91958 0898322 B.C. Ltd. Strathcona not specified (exempt forest licence) 13 A94482 0898322 B.C. Ltd. Strathcona not specified (exempt forest licence) [en. B.C. Reg. 328/2016, Sch. s. 6.] AACs for new forest licences in North Island TSA 17 (1) The holder of an affected forest licence identified in item 7, 8, 9, 10, 11, 17 or 18 of the table in section 12 [AACs for forest licences in GBR South TSA] may also harvest Crown timber in the North Island TSA under a new forest licence if the minister enters into the new forest licence with that holder in accordance with section 29 [direct award of new forest licences] of the Act. (2) The AAC that may be harvested under a new forest licence referred to in subsection (1) is the AAC set out in column 2 of the following table, opposite the holder referred to in column 1 with whom the minister may enter into the new forest licence: Item Column 1 Holder of New Forest Licence Column 2 AAC (m3) for New Forest Licence in North Island TSA 1 holder of licence no. A19232 identified in item 7 of the table in section 12 104 689 2 holder of licence no. A19238 identified in item 8 of the table in section 12 12 63 495 3 holder of licence no. A77806 identified in item 9 of the table in section 12 42 330 4 holder of licence no. A77807 identified in item 10 of the table in section 12 36 047 5 holder of licence no. A86955 identified in item 11 of the table in section 12 87 015 6 holder of licence no. A29159 identified in item 17 of the table in section 12 14 880 7 holder of licence no. A19244 identified in item 18 of the table in section 12 5 443 [en. B.C. Reg. 328/2016, Sch. s. 6.] Part 6 — Pacific TSA AAC for Pacific TSA 18 The AAC for the Crown land in the Pacific TSA is (a) 62 400 m3 for the GBR part of the TSA, and (b) 1 279 700 m3 for the non-GBR part of the TSA. [en. B.C. Reg. 328/2016, Sch. s. 6.] Apportionment of cut in GBR part of Pacific TSA 19 In respect of the AAC of 62 400 m3 specified for the GBR part of the Pacific TSA, (a) 11 052 m3 is available to the minister for the purposes of granting under agreements referred to in section 12 (1) [form of agreements] of the Forest Act, and (b) 51 348 m3 is available to the timber sales manager for the purposes of granting under agreements referred to in section 12 (2) of the Forest Act. [en. B.C. Reg. 328/2016, Sch. s. 6.] Apportionment of cut in non-GBR part of Pacific TSA 20 In respect of the AAC of 1 279 700 m3 specified for the non-GBR part of the Pacific TSA, (a) 9 999 m3 is available to the minister for the purposes of granting under agreements referred to in section 12 (1) [form of agreements] of the Forest Act, and (b) 1 269 701 m3 is available to the timber sales manager for the purposes of granting under agreements referred to in section 12 (2) of the Forest Act. [en. B.C. Reg. 328/2016, Sch. s. 6.] Part 7 — TFL 25 AAC for TFL area for TFL 25 21 The AAC for the TFL area for TFL 25 is 234 300 m3. [en. B.C. Reg. 328/2016, Sch. s. 6.] Allocation of AAC for TFL area for TFL 25 22 The AAC of 234 300 m3 specified for the TFL area for TFL 25 is allocated as follows: (a) 152 300 m3 is allocated to the north part of that TFL area; (b) 82 000 m3 is allocated to the south part of that TFL area. [en. B.C. Reg. 328/2016, Sch. s. 6.] Part 8 — TFL 39 Division 1 — AAC for TFL Area for TFL 39 AAC for TFL area for TFL 39 23 The AAC for the TFL area for TFL 39 is (a) 41 300 m3 for the GBR part of the TFL area, and (b) 1 375 000 m3 for the non-GBR part of the TFL area. [en. B.C. Reg. 328/2016, Sch. s. 6.] Partition of AAC for TFL area for TFL 39 24 (1) In this section, "management plan" means a management plan within the meaning of section 35.2 [management plan for tree farm licence] of the Forest Act. (2) The AAC of 1 375 000 m3 specified for the non-GBR part of the TFL area for TFL 39 is partitioned in order to attribute 1 203 000 m3 to those areas of Crown land and private land that are identified as conventional harvesting areas in the map attached to the management plan for the TFL area, as that management plan read on January 1, 2017. [en. B.C. Reg. 328/2016, Sch. s. 6.] Division 2 — Adaption of Cut Control for TFL 39 Definitions for Division 2 25 In this Division: "last cut control period", in relation to a notional licence, means the cut control period that ends when the AAC adjustment period ends; "notional licence" means a notional licence established by section 27 [notional division of TFL 39]. [en. B.C. Reg. 328/2016, Sch. s. 6.] Application of Division 2 26 This Division applies in respect of TFL 39 in order to take into account the following: (a) the AAC specified by the Lieutenant Governor in Council for the GBR part of TFL area; (b) the AAC specified by the Lieutenant Governor in Council for the non-GBR part of the TFL area; (c) if determined, the AAC determined by the chief forester for the non-GBR part of TFL area. [en. B.C. Reg. 328/2016, Sch. s. 6.] Notional division of TFL 39 27 (1) During the AAC adjustment period, TFL 39 is notionally divided into (a) a notional licence for the GBR part of the TFL area, and (b) a notional licence for the non-GBR part of the TFL area. (2) A notional licence is deemed to be a licence as defined in section 75.4 (1) [cut control period for major licences] of the Forest Act. [en. B.C. Reg. 328/2016, Sch. s. 6.] Cut control rules for TFL 39 28 (1) The first cut control period for a notional licence is deemed to have begun on the same day as the cut control period for TFL 39, as that cut control period existed immediately before January 1, 2017. (2) Subject to subsections (1) and (3), the cut control periods for a notional licence are the cut control periods determined for the notional licence under section 75.4 [cut control period for major licences] of the Forest Act. (3) The cut control period for a notional licence ends when the AAC adjustment period ends. [en. B.C. Reg. 328/2016, Sch. s. 6.] Assignment of timber harvested under TFL 39 29 During the AAC adjustment period, the minister may assign to a notional licence the volume of timber harvested under TFL 39 or portions of that volume that the minister considers appropriate. [en. B.C. Reg. 328/2016, Sch. s. 6.] Rules for excess volume harvested under TFL 39 30 If there is an excess volume of timber harvested during the last cut control period for a notional licence, the excess volume (a) must be treated under section 75.7 [carry forward of excess harvest volume] of the Forest Act as being timber harvested during the next cut control period for TFL 39, and (b) must not be offset by the unharvested volume, if any, relating to the last cut control period for the other notional licence. [en. B.C. Reg. 328/2016, Sch. s. 6.] Part 9 — TFL 45 AAC for TFL area for TFL 45 31 The AAC for the TFL area for TFL 45 is 140 000 m3. [en. B.C. Reg. 328/2016, Sch. s. 6.] Part 10 — TFL 47 Division 1 — AAC for TFL Area for TFL 47 AAC for TFL area for TFL 47 32 The AAC for the TFL area for TFL 47 is (a) 388 500 m3 for the GBR part of the TFL area, and (b) 241 500 m3 for the non-GBR part of the TFL area. [en. B.C. Reg. 328/2016, Sch. s. 6.] Division 2 — Adaption of Cut Control for TFL 47 Definitions for Division 2 33 In this Division: "last cut control period", in relation to a notional licence, means the cut control period that ends when the AAC adjustment period ends; "notional licence" means a notional licence established by section 35 [notional division of TFL 47]. [en. B.C. Reg. 328/2016, Sch. s. 6.] Application of Division 2 34 This Division applies in respect of TFL 47 in order to take into account the following: (a) the AAC specified by the Lieutenant Governor in Council for the GBR part of the TFL area; (b) the AAC specified by the Lieutenant Governor in Council for the non-GBR part of the TFL area; (c) if determined, the AAC determined by the chief forester for the non-GBR part of the TFL area. [en. B.C. Reg. 328/2016, Sch. s. 6.] Notional division of TFL 47 35 (1) During the AAC adjustment period, TFL 47 is notionally divided into (a) a notional licence for the GBR part of the TFL area, and (b) a notional licence for the non-GBR part of the TFL area. (2) A notional licence is deemed to be a licence as defined in section 75.4 (1) [cut control period for major licences] of the Forest Act. [en. B.C. Reg. 328/2016, Sch. s. 6.] Cut control rules for TFL 47 36 (1) The first cut control period for a notional licence is deemed to have begun on the same day as the cut control period for TFL 47, as that cut control period existed immediately before January 1, 2017. (2) Subject to subsections (1) and (3), the cut control periods for a notional licence are the cut control periods determined for the notional licence under section 75.4 [cut control period for major licences] of the Forest Act. (3) The cut control period for a notional licence ends when the AAC adjustment period ends. [en. B.C. Reg. 328/2016, Sch. s. 6.] Assignment of timber harvested under TFL 47 37 During the AAC adjustment period, the minister may assign to a notional licence the volume of timber harvested under TFL 47 or portions of that volume that the minister considers appropriate. [en. B.C. Reg. 328/2016, Sch. s. 6.] Rules for excess volume harvested under TFL 47 38 If there is an excess volume of timber harvested during the last cut control period for a notional licence, the excess volume (a) must be treated under section 75.7 [carry forward of excess harvest volume] of the Forest Act as being timber harvested during the next cut control period for TFL 47, and (b) must not be offset by the unharvested volume, if any, relating to the last cut control period for the other notional licence. [en. B.C. Reg. 328/2016, Sch. s. 6.] [Provisions relevant to the enactment of this regulation: Great Bear Rainforest (Forest Management) Act, S.B.C. 2016, c. 16, sections 7, 8, 9, 11, 13, 17, 18, 21, 23, 27, 28, 65, 68 and 69] Copyright (c) Queen's Printer, Victoria, British Columbia, Canada