Section 1, part 1 - Forest Act

Question 1

When was the forest act first enacted and what did it establish

Answer 1

1912, a provincial department of forestry, contained conservation measures, and created forest reserves (areas for harvesting), and the timber sale license (new form of tenure)

Question 2

What changes were made to the forest act in 1976?

Answer 2

• New Ministry of Forest Act, Forest Act, and Range Act were created.
• Ministry was charged with the duty of managing the forests for integrated use

Question 3

What is the forest act and how many parts does it have?

Answer 3

The Forest act is one of two main pieces of legislation that governs logging on BC’s publicly owned forested land. Primarily addresses rights to log crown timber.
14 parts

Question 4

Describe part 1 of The Act - Definitions and Interpretations

Answer 4

Definition of terms, delegation of provisions

Question 5

Describe part 2 of The Act - Classification and Management of Forests and Forest Land, and Regulation of Cutting Rates

Answer 5

Designation and management of forests and forest land, regulation of allowable annual cuts

Question 6

Describe part 3 of The Act - Disposition of Timber by the Government

Answer 6

Specifies how crown timber harvesting rights can be granted under agreements.
- Issuing rights to harvest crown timber is prohibited except under the forest act and its regulations (limited exceptions in the land act and park act)

Question 7

Describe part 4 of The Act - General Tenure Provisions

Answer 7

Key rules that are applicable across most tenure agreements that relate to transfer, exchanges, changes in aac, compensation, enforcement of aac partitions

Question 8

Describe part 5 of The Act - Timber Marking

Answer 8

Requires that, unless an exemption is obtained, no timber can be removed from crown or private land without first being marked. No timber can be removed from a scale site without first being marked with a scaled timber brand

Question 9

Describe part 6 of The Act - Timber Scaling

Answer 9

Provides the rules for scaling of forest products

Question 10

Describe part 7 of The Act - Payments to the Government

Answer 10

Sets out the means of determining and assessing the crown charges that are applicable to timber cut from crown land, provides for the payment of stumpage and annual rent

Question 11

Describe part 8 of The Act - Roads and Right of Way

Answer 11

Deals with roads to be constructed and used for transporting forest products (road permits and road use permits over crown land)

Question 12

Describe part 9 of The Act - Marine Log Salvage

Answer 12

Establishes a scheme to regulate log salvage, requiring authority to salvage logs and to accept salvaged logs

Question 13

Describe part 10 of The Act - Manufacture in British Columbia

Answer 13

Requires certain timber and wood residue to be used in the province or manufactured in the province into specified products

Question 14

Describe part 11 of The Act - Recovery of Money, Miscellaneous

Answer 14

Provides the government with extensive remedies to recover money owed
- 11.1 creates forest revenue audit program enabling gov to inspect and audit records to ensure the correct stumpage is being collected

Question 15

Describe part 12 of The Act - Reviews, Appeals, Regulations, and Penalties

Answer 15

Establishes rights of review and appeal from specified decisions made by the minister or TSM

Question 16

Describe part 13 of The Act - Designated Areas

Answer 16

Provides for the designation of crown land as a designated area
postponement, suspension or variation of forest activities in designated areas
- the reduction of aac’s in TSAs and TFLs where designated areas occur

Question 17

Describe part 14 of The Act - Nisga’a Final Agreement Implementation

Answer 17

Allows the ministry to enter into tenure agreements with licensees and certain contractors and subcontractors who lose harvesting rights as a result of the Nisga’a final agreement

Question 18

How many regulations are made under the authority of the forest act, part 12

Answer 18

36

Question 19

Allowable Annual Cut (AAC) Administration Regulation

Answer 19

• How the AAC available to the holder of a TFL, community forest agreement, or FN woodland license is calculated
• Formulas for automatic AAC adjustments to account for land base changes

Question 20

Allowable Annual Cut (AAC) Partition Regulation

Answer 20

• The base-level allowable annual cut for forest licenses that is used to determine whether a forest license is exempt from limits under partition orders
• criteria for exempted licenses
• formulas to calculate harvest volume limits for licenses in TSAs and TFLs
• penalty rates

Question 21

BC Timber Sales Regulation

Answer 21

• Registration requirements for BCTS enterprises
• Requirements relating to timber sale licence advertising and deposit administration
• Application form and fee for extensions of TSLs

Question 22

Community Tenures Regulation

Answer 22

• The circumstances under which the minister may direct award a community forest agreement
• Criteria and considerations that must be satisfactory to the minister in order to change the boundary or area of a community forest agreement
• Application procedure/evaluation for community forest agreement and community salvage license

Question 23

Cut control Regulation

Answer 23

• Penalties for excess harvest

Question 24

Designated Areas Regulation

Answer 24

• Lists the forest act regulations that designate areas under section 169 of the act (part 13)
  (section 169 = specifying crown land as a designated area)

Question 25

First Nations Tenures Regulation

Answer 25

• Specifies who can hold a first nation woodland license or direct award community forest agreement
• Provides the minister the authority to change the FNWL if the change will improve forest management

Question 26

Forest License Regulation

Answer 26

• Provides categories of applicants eligible to bid on restricted (non-replaceable) forest licenses

Question 27

License to Cut Regulation

Answer 27

• Provides for a license to cut to be issued by the minister for the purposes of small salvage, wildfire protection, rehab from mountain pine beetle

Question 28

Scaling Regulation

Answer 28

• Requires timber to be scaled as soon as possible after it is cut
• Prescribes scaling procedures, method for calculating volume and sampling techniques
• Prescribes coast and interior timber grades

Question 29

Timber Definition Regulation

Answer 29

• For the purposes of specified provisions in the Forest Act, expands the definition of timber to include special forest products designated by regulation

Question 30

Timber Harvesting Contract and Subcontract Regulation

Answer 30

• Requires certain harvesting agreements to be in writing, assignable, contain dispute resolution mechanisms, be replaceable
• Amendments can be made to the provisions
• Rules for reducing harvesting rights or changing harvesting methods

Question 31

Tree Farm License Management Plan Regulation

Answer 31

• Sets out the content and timing requirements for management plans (the information in these plans is used in determining the AAC of TFLs)

Question 32

Wood Lot License Regulation

Answer 32

• Sets out the requirements for applications for woodlot licenses
• Specifies criteria that must be met to enable district managers to make minor changes to the boundaries of woodlot licenses
• Specifies criteria for surrender of woodlot licence