Legislation 

Legislation, introduced as part of the Forests Statutes Amendment Act, 1998 (Bill 34) establishes a new form of forest tenure, the community forest agreement. Specifically, the legislation:

  • sets out the content of the new community forest agreement;
  • links the new agreement to key provisions in the Forest Act and Forest Practices Code of British Columbia Act;
  • enables the development of regulations related to the agreement;
  • establishes provisions to award and evaluate agreements; and
  • includes provisions for the possible replacement of the pilot agreements with long-term community forest agreements.

Certain sections of the legislation came into force on July 30, l998 to allow the new tenure to be tested through community forest pilot agreements. The following is a description of the key components of the new agreement coupled with background information on the intent of each component and how it relates to the pilot project. Proponents are advised to review the legislative amendments under the Forests Statutes Amendment Act, 1998 (Bill 34), which can be acquired through Crown Publications or via the government of BC Internet site:

http://www.legis.gov.bc.ca/1998-99/3rd_read/gov34-3.htm

New - April 17, 2001

The Community Forest Agreement Regulation, B.C. Reg. 384/2000, was made effective December 4, 2000.

This regulation sets the forest practices that apply to Community Forest Agreements. The regulation is based on the provisions of the Woodlot Licence Forest Management Regulation, with the exception of provisions relating to watershed assessments, terrain and soil mapping in community watersheds and reporting requirements. The Community Forest Agreement Regulation also prescribes the botanical and other non-timber products that a community forest agreement holder may harvest, manage or charge fees for.

Copies of the regulation can be obtained through Crown Publications or via the government of BC Internet site:
http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcaregs/comfor/comfor.htm

Copies of the Woodlot Licence Forest Management Regulation can be obtained through Crown Publications or via the government of BC Internet site:
http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcaregs/wlfm/wlfmtoc.htm

The Administrative Remedies Regulation, B.C. Reg. 182/98, was also amended, effective December 4, 2000, to provide that a contravention of the Community Forest Agreement Regulation carries the same penalty as the penalty for a contravention of the corresponding provision in the Woodlot Licence Forest Management Regulation.

Copies of the regulation can be obtained through Crown Publications or via the government of BC Internet site:
http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcaregs/adminrem/adminrem.htm

Section 111 of the Forest Act requires community forest agreement holders to pay annual rent at rates prescribed by the Lieutenant Governor in Council. The amendment, effective March 30, 2001, to the Annual Rent Regulation related to community forest agreements establishes an annual rent rate of $0.25/m for the volume of timber that is authorized to be harvested from the Crown land portion of a community forest agreement per year.

Copies of the regulation can be obtained through Crown Publications or via the government of BC Internet site:
http://www.for.gov.bc.ca/tasb/legsregs/forest/faregs/annrent/arr.htm