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/m³ 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
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