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Exhibit 10.6
PROVINCE OF BRITISH COLUMBIA
TREE FARM LICENCE NO. 8
THIS LICENCE, dated March 1, 1995
BETWEEN:
THE MINISTER OF FORESTS, on behalf of
HER MAJESTY THE QUEEN IN RIGHT
OF THE PROVINCE OF BRITISH COLUMBIA,
(the "Minister")
AND: XXXX AND XXXXXX LTD.
X.X. XXX 00
XXXXX XXXXX, XXXXXXX XXXXXXXX
X0X 0X0
(the "Licensee")
WHEREAS
A. Under Section 29 of the Forest Act, this Licence replaces Tree Farm
Licence No. 8, dated January 1, 1980.
B. Under the Forest Amendment Act, 1988, the portion of the allowable
annual cut attributable to Schedule B Land, available to the Licensee under Tree
Farm Licence No. 8, was reduced by 7 250 m3.
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THE PARTIES agree as follows:
1.00 GRANT OF RIGHTS AND TERM
1.01 Subject to this Licence and the Forest Act, the Minister
grants the Licensee
(a) the exclusive right during the term of this Licence
to harvest from
(i) Schedule B Land, and
(ii) Schedule A Land subject to a timber licence,
timber of the types specified in paragraph 1.02 from
the types of terrain specified in paragraph 1.03,
(b) the right to manage
(i) Schedule B Land, and
(ii) Schedule A Land subject to a timber licence,
according to the management plan and development
plan in effect under this Licence, and
(c) the right to enter and use
(i) Schedule B Land, and
(ii) Schedule A Land subject to a timber licence,
for the purpose of exercising a right or fulfilling
an obligation under this Licence.
1.02 The following types of timber are specified for the purposes
of paragraph 1.01:
(a) on Schedule A Land subject to a timber licence, all
merchantable timber; and
(b) on Schedule B Land, all types of timber other than
deciduous types.
1.03 The following types of terrain are specified for the purposes
of paragraph 1.01:
(a) on Schedule A Land subject to a timber licence, all
terrain containing merchantable timber; and
(b) on Schedule B Land, all types of terrain.
1.04 The Licensee will not harvest timber from the Licence Area
except under and in accordance with a cutting permit, road
permit, free use permit issued to the Licensee, or special use
permit.
1.05 Subject to paragraph 1.06, the Licensee will not occupy
Schedule B Land or Schedule A Land subject to a timber
licence, except under and in accordance with a cutting permit,
road permit, or special use permit authorizing such use or
occupation.
1.06 Paragraph 1.05 does not apply to temporary occupation for the
purpose of
(a) carrying out basic or incremental silviculture,
(b) collecting inventory information,
(c) doing engineering layouts and surveys,
(d) carrying out protection activities, and
(e) fulfilling other obligations of the Licensee under
or in association with this Licence.
1.07 Each year during the term of this Licence, the Regional
Manager or District Manager may dispose of the following
volumes of timber of a type specified in paragraph 1.02 from a
type of terrain specified in paragraph 1.03, provided the
timber is within areas of Schedule B Land agreed to under
paragraph 1.10 or specified under paragraph 1.11:
(a) subject to paragraph 1.15, 7 250 m3 of the allowable
annual cut, under non-replaceable timber sale
licences; and
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(b) a volume of timber not exceeding one half of one
percent (0.5%) of the portion of the allowable annual
cut the Chief Forester determines is attributable to
Schedule B Land, under free use permits.
1.08 In addition to any timber disposed of under paragraph 1.07,
each year during the term of this Licence, the Regional
Manager or District Manager may dispose of timber of a type
specified in paragraph 1.02 from a type of terrain specified
in paragraph 1.03, under timber sale licences issued pursuant
to a pulpwood agreement, provided
(a) the timber is
(i) of the type referred to in Section 34(1)(b) of
the Forest Act,
(ii) within a pulpwood area designated by the
Minister, and
(iii) within areas of Schedule B Land agreed to under
paragraph 1.10 or specified under paragraph 1.
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(b) the volume of timber disposed of does not exceed an
amount equal to the portion of the allowable annual
cut which the Chief Forester, having regard to the
factors and information considered in his or her most
recent determination of the allowable annual cut,
determines is attributable to timber of the type
referred to in clause (a)(i).
1.09 Subject to paragraph 1.17, in addition to any timber disposed
of under paragraph 1.07 and 1.08, the Regional Manager or
District Manager may dispose of any timber in the Licence Area
that
(a) is not of a type specified in paragraph 1.02, or
(b) is not from a type of terrain specified in paragraph
1.03,
provided the timber is within areas of Schedule B Land agreed
to under paragraph 1.10, or specified under paragraph 1.11.
1.10 Subject to paragraph 1.11, the District Manager and the
Licensee will agree upon areas of Schedule B Land for the
purposes of paragraphs 1.07, 1.08, 1.09 and 1.16, having
regard to
(a) the type and quality of timber on the area of
Schedule B Land under consideration compared to the
Schedule B Land as a whole,
(b) the type of terrain on the area of Schedule B Land
under consideration compared to the Schedule B Land
as a whole,
(c) in the case of paragraph 1.08, the type of timber
referred to in Section 34(1)(b) of the Forest Act,
(d) in the case of paragraph 1.16, the nature of the
Licensee's failure to comply with the management
plan,
(e) the management plan and development plan in effect
under this Licence,
(f) any potential interference with the operations of the
Licensee under this Licence, and
(g) use of the Licence Area for purposes other than
timber production, including use of the Licence Area
by
(i) trappers, guide outfitters, range tenure
holders, and other licensed resource users,
and
(ii) aboriginal people carrying out aboriginal
activities.
1.11 If under paragraph 1.10 the District Manager and the Licensee
are unable to agree upon areas of Schedule B Land for the
purposes of paragraph 1.07, 1.08, 1.09 or 1.16, the District
Manager or the Licensee may refer the matter to the Regional
Manager, in which case, the Regional Manager, subject to
paragraph 1.14, and having regard to
(a) the factors referred to in paragraph 1.10, and
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(b) the recommendations of the District Manager and the
Licensee,
will specify areas for these purposes.
1.12 Subject to paragraphs 1.13 and 1.14, the Minister in a notice
given to the Licensee may delete an area from Schedule B Land
to enable the Regional Manager or District Manager to issue a
woodlot licence over the area, if the Chief Forester
determines that the portion of the allowable annual cut
attributable to the area does not exceed the volume of timber
referred to in subparagraph 1.07 (a), having regard to the
factors and information considered by the Chief Forester in
his or her most recent determination of the allowable annual
cut.
1.13 Before deleting an area under paragraph 1.12, the Minister
will consult the Licensee and consider any recommendations
made by the Licensee.
1.14 The Regional Manager will only specify an area under paragraph
1.11, and the Minister will only delete an area under
paragraph 1.12, where the Regional Manager or the Minister, as
the case may be, is satisfied that specifying or deleting the
area will not
(a) compromise the management plan and development plan
in effect under this Licence, or
(b) unreasonably interfere with the Licensee's operations
under this Licence.
1.15 Where the Minister deletes an area under paragraph 1.12,
(a) the volume of timber referred to in subparagraph 1.07
(a), and
(b) the allowable annual cut,
is deemed to be reduced by an amount equal to the portion of
the allowable annual cut that the Chief Forester determines is
attributable to the deleted area, having regard to the factors
and information considered by the Chief Forester in his or her
most recent determination of the allowable annual cut.
1.16 If
(a) a management plan referred to in paragraph 2.01 or
approved under paragraph 2.27 provides that part of
the allowable annual cut is to be harvested from a
specified part of the Licence Area or from a
specified type of timber or terrain, and the Licensee
fails to comply with that provision, and
(b) as a consequence, the Chief Forester, under Section
55.5 of the Forest Act, reduces the allowable annual
cut available to the Licensee,
then, in addition to any timber disposed of under paragraphs
1.07, 1.08 and 1.09, the Regional Manager or the District
Manager may dispose of a volume of timber, from areas of
Schedule B Land agreed to under paragraph 1.10 or specified
under paragraph 1.11, up to an amount equal to the amount by
which the Chief Forester reduces the allowable annual cut
under Section 55.5 of the Forest Act multiplied by the number
of years the reduction remains in effect.
1.17 The Licensee may harvest timber in the Licence Area that
(a) is not of a type specified in paragraph 1.02, or
(b) is not from a type of terrain specified in paragraph
1.03,
provided the Licensee is authorized to do so under a cutting
permit issued under Part 5.00.
1.18 If an area of Schedule A Land is
(a) subject to a timber licence that expires, or
(b) deleted from a timber licence,
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then the area is deemed to be deleted from Schedule A Land
and added to Schedule B Land.
1.19 The term of this Licence is 25 years, beginning March 1, 1995.
2.00 MANAGEMENT PLANS
2.01 A management plan
(a) approved under the tree farm licence replaced by this
Licence, and
(b) still in effect on the date immediately preceding the
date on which that tree farm licence expires,
is deemed for the remainder of the term of the management
plan to be the management plan in effect under this Licence.
2.02 If there is no approved management plan in effect under the
tree farm licence replaced by this Licence on the date
immediately preceding the date on which that tree farm licence
expires, then solely for the purposes of
(a) inviting comments under subparagraph 2.05(a) and
providing an assessment under subparagraph 2.08(a),
and
(b) determining the deadlines for
(i) inviting comments under subparagraph 2.05
(a),
(ii) submitting a review strategy under
subparagraph 2.05(b),
(iii) providing an assessment under clause
2.08(a)(i),
(iv) submitting a summary under subparagraph
2.08(b),
(v) submitting a Statement of Management
Objectives, Options and Procedures under
paragraph 2.09,
(vi) referring a draft management plan and
inviting comments under paragraph 2.24, and
(vii) submitting a proposed management plan under
paragraph 2.26,
the parties will proceed as if the management plan which was
last in effect under that tree farm licence is the management
plan in effect under this Licence and, subject to paragraph
2.04, is due to expire 28 months after the date referred to in
paragraph 1.19.
2.03 If the management plan deemed under paragraph 2.01 to be the
management plan in effect under this Licence is due to expire
less than 28 months after the date referred to in paragraph
1.19, then solely for the purpose of determining the deadlines
for
(a) inviting comments under subparagraph 2.05(a),
(b) submitting a review strategy under subparagraph 2.05
(b), if applicable,
(c) providing an assessment under clause 2.08(a)(i),
(d) submitting a summary under subparagraph 2.08(b),
(e) submitting a Statement of Management Objectives,
Options and Procedures under paragraph 2.09,
(f) referring a draft management plan and inviting
comments under paragraph 2.24, and
(g) submitting a proposed management plan under
paragraph 2.26,
the parties will proceed as if, subject to paragraph 2.04, the
management plan in effect under this Licence is due to expire
28 months after the date referred to in paragraph 1.19.
2.04 If
(a) either
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(i) there is no approved management plan in
effect under the tree farm licence replaced
by this Licence on the date immediately
preceding the date on which that tree farm
licence expires, or
(ii) the management plan deemed under paragraph
2.01 to be the management plan in effect
under this Licence is due to expire less
than 28 months after the date referred to in
paragraph 1.19, and
(b) the Chief Forester is satisfied that a requirement or
obligation referred to in this Part has been met or
fulfilled under the tree farm licence replaced by
this Licence,
then the Chief Forester, in a notice given to the Licensee,
may
(c) specify the requirement or obligation that has been
met or fulfilled and deem that requirement or
obligation to have been met or fulfilled under this
Licence, and
(d) if a period of less than 28 months is sufficient for
the purpose of establishing a deadline referred to in
subparagraph 2.02(b) or paragraph 2.03, specify a
period less than 28 months which is sufficient for
this purpose.
2.05 Not less than 28 months prior to the date on which the
management plan in effect under this Licence is due to expire,
(a) the Licensee will
(i) publish at least twice within a period of
two consecutive weeks in a newspaper
acceptable to the Regional Manager, an
advertisement inviting comments regarding
(A) the management plan in effect under
this Licence, and
(B) the Licensee's performance in respect
of that management plan, and
(ii) make a copy of the management plan in effect
under this Licence available for review by
interested persons
(A) during normal business hours, and
(B) at the Licensee's place of business in
the vicinity of the Licence Area or,
if the Licensee so chooses, at another
location which is convenient to the
public and acceptable to the Regional
Manager,
for a period of one month, or longer if the
Licensee so chooses, beginning at least one
week after the last publication of the
advertisement referred to in clause (i), and
(b) if there is no management plan in effect under this
Licence, or if the management plan in effect under
this Licence does not include a review strategy for
(i) the Statement of Management Objectives,
Options and Procedures referred to in
paragraph 2.09,
(ii) the draft management plan referred to in
paragraph 2.24,
(iii) the statement of objectives referred to in
paragraph 3.01, or
(iv) the statement of proposals referred to in
paragraph 3.02,
the Licensee will submit to the Regional Manager a
review strategy complying with the requirements of
paragraph 6.01 for the Statement of Management
Objectives, Options and Procedures, the draft
management plan, the statement of objectives referred
to in paragraph 3.01, and the statement of proposals
referred to in paragraph 3.02, as applicable.
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2.06 The Regional Manager, within two months after the date on
which the Regional Manager receives a review strategy
submitted under subparagraph 2.05(b) or 2.07(b), will in a
notice given to the Licensee approve the review strategy,
subject to such conditions as the Regional Manager considers
necessary or appropriate, if the Regional Manager is satisfied
that the review strategy meets the requirements of paragraph
6.01.
2.07 Where the Regional Manager does not approve a review strategy
under paragraph 2.06,
(a) the Regional Manager, within two months after the
date on which the Regional Manager receives the
review strategy, will specify in a notice given to
the Licensee why the Regional Manager has not
approved the review strategy, and
(b) the Licensee, within one month after the date on
which the Licensee is given the notice referred to in
subparagraph (a), will submit a new or revised review
strategy to the Regional Manager.
2.08 Not less than 26 months prior to the date on which the
management plan in effect under this Licence is due to expire,
(a) the Regional Manager will provide the Licensee with
(i) an assessment of
(A) the management plan in effect under
this Licence, and
(B) the Licensee's performance in
respect of that management plan, and
(ii) a list of
(A) guidelines,
(B) land and resource management plans,
and
(C) local resource use plans,
currently in effect, and
(b) the Licensee will submit to the Regional Manager a
summary of the comments received by the Licensee in
complying with subparagraph 2.05(a).
2.09 The Licensee, not less than 22 months prior to the date on
which the management plan in effect under this Licence is due
to expire, will submit to the Regional Manager
(a) a Statement of Management Objectives, Options and
Procedures which has been referred to resource
agencies and made available for comment in accordance
with the review strategy approved
(i) in the management plan in effect under this
Licence, or
(ii) under paragraph 2.06,
as the case may be, and
(b) a summary of
(i) all comments received by the Licensee in
complying with the review strategy referred
to in subparagraph (a), and
(ii) the modifications, if any, made to the
Statement of Management Objectives, Options
and Procedures, prior to its submission to
the Regional Manager, in response to the
comments referred to in clause (i).
2.10 A Statement of Management Objectives, Options and Procedures
submitted under paragraph 2.09 or subparagraph 2.12(b) must
(a) be prepared by a professional forester in accordance
with the applicable manual in effect four months
prior to the deadline for submitting the Statement of
Management Objectives, Options and Procedures under
paragraph 2.09 or subparagraph 2.12(b), as the case
may be,
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(b) summarize the commitments which
(i) were made by the Licensee
(A) in the application on which the
award of the tree farm licence
replaced by this Licence or any
predecessor to that tree farm
licence was based,
(B) in accepting the offer of the tree
farm licence replaced by this
Licence or any predecessor to that
tree farm licence, or
(C) as a result of a request for the
Minister's consent for the purposes
of Section 50 of the Forest Act, and
(ii) remain in effect at the time the Statement
of Management Objectives, Options and
Procedures is submitted,
(c) identify the inadequacies, if any, in the information
to be included in the inventories referred to in
subparagraph 2.25(d),
(d) propose management objectives for the Licence Area,
and identify management options, regarding
(i) utilization of the timber resources,
including harvesting methods and utilization
standards suitable to the types of timber
and terrain specified in paragraphs 1.02 and
1.03,
(ii) conservation of the non-timber values and
resources, including visual quality,
biodiversity, soils, water, recreation
resources, cultural heritage resources,
range land, and wildlife and fish habitats,
(iii) integration of harvesting activities with
use of the Licence Area for purposes other
than timber production, including use of the
Licence Area by
(A) trappers, guide outfitters, range
tenure holders, and other licensed
resource users, and
(B) aboriginal people carrying out
aboriginal activities,
(iv) forest fire prevention and suppression,
prescribed fire, and fuel management,
(v) forest health, including disease and
pest management,
(vi) road construction, maintenance and
deactivation,
(vii) basic silviculture and, if applicable,
incremental silviculture, and
(viii) any issues identified
(A) by the Licensee,
(B) by the Regional Manager in the
assessment referred to in clause
2.08(a)(i), or
(C) in the comments referred to in
subparagraph 2.08(b),
which are consistent with the guidelines, land and
resource management plans, and local resource use
plans referred to in clause 2.08(a)(ii), and the
commitments referred to in subparagraph (b),
(e) identify inadequacies referred to in subparagraph (c)
and issues referred to in clause (d)(viii) which will
require further study or analysis, and indicate what,
if any, studies or analyses the Licensee will carry
out,
(f) identify issues referred to in clause (d)(viii) which
will be addressed in the management objectives and
strategies in the draft management plan referred to
in paragraph 2.24 and proposed management plan
referred to in paragraph 2.26, and
(g) identify management options referred to in
subparagraph (d) which the Licensee proposes to
assess in the timber supply analysis.
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2.11 The Regional Manager, within three months after the date on
which the Regional Manager receives a Statement of Management
Objectives, Options and Procedures submitted under paragraph
2.09, or two months after the date on which the Regional
Manager receives a Statement of Management Objectives, Options
and Procedures submitted under subparagraph 2.12(b), will in a
notice given to the Licensee accept the Statement of
Management Objectives, Options and Procedures, subject to such
conditions as the Regional Manager considers necessary or
appropriate, if
(a) the Statement of Management Objectives, Options and
Procedures meets the requirements of paragraph 2.10,
and
(b) the Regional Manager is satisfied that the Licensee
has
(i) adequately addressed the inadequacies
referred to in subparagraph 2.10 (c),
the issues referred to in clause 2.10(d)
(viii), and the comments referred to in
clause 2.09(b)(i), and
(ii) selected appropriate management options for
assessment in the timber supply analysis.
2.12 Where the Regional Manager does not accept a Statement of
Management Objectives, Options and Procedures under paragraph
2.11,
(a) the Regional Manager, within three months after the
date on which the Regional Manager receives a
Statement of Management Objectives, Options and
Procedures submitted under paragraph 2.09, or two
months after the date on which the Regional Manager
receives a Statement of Management Objectives,
Options and Procedures submitted under subparagraph
2.12(b), will specify in a notice given to the
Licensee why the Regional Manager has not accepted
the Statement of Management Objectives, Options and
Procedures, and
(b) the Licensee, within one month after the date on
which the Licensee is given the notice referred to in
subparagraph (a), will submit a new or revised
Statement of Management Objectives, Options and
Procedures to the Regional Manager.
2.13 Where the Regional Manager accepts a Statement of Management
Objectives, Options and Procedures under paragraph 2.11, the
Licensee, within three months after the date on which the
Statement of Management Objectives, Options and Procedures is
accepted, will submit a Timber Supply Analysis Information
Package to the Timber Supply Forester.
2.14 A Timber Supply Analysis Information Package submitted under
paragraph 2.13 must
(a) include the information required in the applicable
manual in effect six months prior to the deadline for
submitting the Timber Supply Analysis Information
Package,
(b) identify assumptions the Licensee proposes to
incorporate into the timber supply analysis referred
to in subparagraph 2.17(a) which, subject to
paragraph 2.33, are consistent with
(i) the management objectives proposed in the
Statement of Management Objectives, Options
and Procedures accepted under paragraph
2.11, and
(ii) the guidelines, land and resource management
plans and local resource use plans referred
to in clause 2.08(a)(ii),
(c) without restricting the generality of subparagraph
(b), identify assumptions the Licensee proposes to
incorporate into the timber supply analysis referred
to in subparagraph 2.17(a) regarding
(i) the inventory of timber and non-timber
resources in the Licence Area,
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(ii) growth and yield,
(iii) regeneration delays,
(iv) silviculture treatments,
(v) integrated resource management constraints,
(vi) harvesting methods and utilization
standards, and
(vii) the operable land base,
(d) describe the methodology, including the computer
model, if any, that the Licensee proposes to use in
the timber supply analysis, including a description
of the extent to which the assumptions referred to in
subparagraphs (b) and (c) are reflected in the
methodology,
(e) include information which supports the assumptions
referred to in subparagraphs (b),(c) and (d),
(f) describe how the Licensee proposes to address in the
timber supply analysis any inadequacies referred to
in subparagraph 2.10(c), and
(g) include any other information readily available to
the Licensee, which
(i) the Licensee, or
(ii) the Timber Supply Forester, in a notice
given to the Licensee within one month
after the date on which the Licensee is
given the notice accepting the Statement of
Management Objectives, Options and
Procedures under paragraph 2.11, considers
relevant to an assessment of the impact on
the timber supply of the management options
referred to subparagraph 2.10(g).
2.15 The Timber Supply Forester, within three months after the date
on which the Timber Supply Forester receives the Timber Supply
Analysis Information Package submitted under paragraph 2.13,
or two months after the date on which the Timber Supply
Forester receives the information or proposals submitted under
subparagraph 2.16(b), will in a notice given to the Licensee
accept the assumptions and the methodology referred to in
paragraph 2.14 and, if applicable, subparagraph 2.16(b) for
use in the timber supply analysis, subject to such conditions
as the Timber Supply Forester considers necessary or
appropriate, if
(a) the requirements of paragraph 2.14 and, if
applicable, subparagraph 2.16(b) have been met, and
(b) the Timber Supply Forester is satisfied with the
information provided in support of the assumptions
and methodology.
2.16 Where the Timber Supply Forester does not accept both the
assumptions and the methodology under paragraph 2.15,
(a) the Timber Supply Forester, within three months after
the date on which the Timber Supply Forester receives
the Timber Supply Analysis Information Package
submitted under paragraph 2.13, or two months after
the date on which the Timber Supply Forester receives
the information or proposals submitted under
subparagraph 2.16(b), will specify in a notice given
to the Licensee why the Timber Supply Forester has
not accepted the assumptions, the methodology or
both, and
(b) the Licensee, within one month after the date on
which the Licensee is given the notice referred to in
subparagraph (a), will
(i) propose new or revised assumptions,
(ii) propose a new or revised methodology, and
(iii) submit further information in support of the
assumptions, the methodology or both,
as required by the Timber Supply Forester.
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2.17 Where the Timber Supply Forester accepts the assumptions and
the methodology under paragraph 2.15, the Licensee, within
three months after the date on which the assumptions and the
methodology are accepted, will submit
(a) a timber supply analysis to the Timber Supply
Forester, and
(b) a 20-year plan to the District Manager.
2.18 A timber supply analysis submitted under subparagraph 2.17(a)
or 2.22(b) must
(a) assess the impact of the management options referred
to in subparagraph 2.10(g) on the timber supply, and
(b) subject to paragraph 2.33,
(i) be based on the assumptions, and
(ii) use the methodology,
accepted by the Timber Supply Forester under
paragraph 2.15.
2.19 A 20-year plan submitted under subparagraph 2.17(b) or 2.23(b)
must
(a) identify
(i) the net operable land base,
(ii) harvested areas,
(iii) existing and proposed road access within the
net operable landbase, and
(iv) areas subject to specific integrated
resource management constraints,
(b) categorize areas within the operable land base
referred to in clause (a)(i) by
(i) the harvesting methods suitable to the
terrain, and
(ii) the type and, where the information is
available to the Licensee, quality of
timber, and
(c) in support of the timber supply analysis, set out a
sequence of cut blocks in 5 year increments over a
period of 20 years, or longer if the Licensee so
chooses, which, subject to paragraph 2.33, is
(i) based on a management option selected by the
Licensee from the management options
referred to in subparagraph 2.18(a), and
(ii) consistent with
(A) the management objectives proposed
in the Statement of Management
Objectives, Options and Procedures
accepted under paragraph 2.11, and
(B) the guidelines, land and resource
management plans and local resource
use plans referred to in clause
2.08(a)(ii).
2.20 The Timber Supply Forester, within three months after the date
on which the Timber Supply Forester receives a timber supply
analysis submitted under subparagraph 2.17(a), or two months
after the date the Timber Supply Forester receives a timber
supply analysis submitted under subparagraph 2.22(b), will
(a) in a notice given to the Licensee accept the timber
supply analysis, subject to such conditions as the
Timber Supply Forester considers necessary or
appropriate, if the timber supply analysis meets the
requirements of paragraph 2.18, and
(b) where the Timber Supply Forester accepts the timber
supply analysis under subparagraph (a), provide the
Licensee with an assessment of the strengths and
weakness of the timber supply analysis.
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2.21 The District Manager, within three months after the date on
which the District Manager receives a 20-year plan submitted
under subparagraph 2.17(b), or two months after the date on
which the District Manager receives a 20-year plan submitted
under 2.23(b), will
(a) in a notice given to the Licensee accept the 20-year
plan, subject to such conditions as the District
Manager considers necessary or appropriate, if the
20-year plan meets the requirements of paragraph
2.19, and
(b) where the District Manager accepts the 20-year plan
under subparagraph (a), provide the Licensee with an
assessment of the strengths and weakness of the
20-year plan.
2.22 Where the Timber Supply Forester does not accept a timber
supply analysis under paragraph 2.20,
(a) the Timber Supply Forester, within three months after
the date on which the Timber Supply Forester receives
a timber supply analysis submitted under subparagraph
2.17(a), or two months after the date on which the
Timber Supply Forester receives a timber supply
analysis submitted under subparagraph 2.22(b), will
specify in a notice given to the Licensee why the
Timber Supply Forester has not accepted the timber
supply analysis, and
(b) the Licensee, within one month after the date on
which the Licensee is given the notice referred to in
subparagraph (a), will submit a new or revised timber
supply analysis to the Timber Supply Forester.
2.23 Where the District Manager does not accept a 20-year plan
under paragraph 2.21,
(a) the District Manager, within three months after the
date on which the District Manager receives a 20-year
plan submitted under subparagraph 2.17(b), or two
months after the date on which the District Manager
receives a 20-year plan submitted under 2.23(b), will
specify in a notice given to the Licensee why the
District Manager has not accepted the 20-year plan,
and
(b) the Licensee, within one month after the date on
which the Licensee is given the notice referred to in
subparagraph (a), will submit a new or revised
20-year plan to the District Manager.
2.24 Not less than six months prior to the date on which the
management plan in effect under this Licence is due to expire,
the Licensee will
(a) refer a draft management plan to the Regional Manager
for comment, and
(b) at the same time, refer the draft management plan
referred to in subparagraph (a) to resource agencies
and make it available for comment in accordance with
the review strategy approved
(i) in the management plan in effect under this
Licence, or
(ii) under paragraph 2.06,
as the case may be.
2.25 A draft management plan referred to in paragraph 2.24 or
subparagraph 2.37(a) and a proposed management plan submitted
by the Licensee under paragraph 2.26, subparagraph 2.30(b), or
subparagraph 2.37(b) must
(a) be prepared by a professional forester in accordance
with the applicable manual in effect four months
prior to the deadline for submitting the draft
management plan under paragraph 2.24 or subparagraph
2.37(a), as the case may be,
(b) be signed and sealed by the professional forester who
prepared it, and signed by the Licensee or an
authorized signatory of the Licensee,
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(c) be consistent with this Licence and, subject to
paragraph 2.33, the Statement of Management
Objectives, Options and Procedures accepted under
paragraph 2.11,
(d) include inventories, meeting the standards and
presented in the format set or approved in the
applicable manual in effect six months prior to the
deadline for submitting the Timber Supply Analysis
Information Package, of
(i) the forest and recreation resources in the
Licence Area, based on information
collected for this purpose by the Licensee,
including information relating to visual
quality objectives, sensitive soils,
recreation sites, and the type of timber and
terrain, and
(ii) the fisheries, wildlife, range and cultural
heritage resources of the Licence Area,
based on the best information readily
available to the Licensee,
(e) include proposals for updating the inventories
referred to in subparagraph (d) and, if applicable,
addressing inadequacies in the inventory information,
(f) include proposals for
(i) developing timber harvesting operations on
the Licence Area,
(ii) protecting the forest in the Licence Area
from damage by fire, pests, wind and
disease, and
(iii) carrying out
(A) basic silviculture required under
the Forest Act, and
(B) such incremental silviculture as the
Licensee considers desirable,
(g) specify measures to be taken, specifications to be
followed, and standards to be met by the Licensee in
the Licence Area to provide for
(i) utilization of the timber resources,
including harvesting methods and utilization
standards suitable to the types of timber
and terrain specified in paragraphs 1.02 and
1.03,
(ii) conservation of the non-timber values and
resources, including visual quality,
biodiversity, soils, water, recreation
resources, cultural heritage resources,
range land, and wildlife and fish habitats,
(iii) integration of harvesting activities with
use of the Licence Area for purposes other
than timber production, including use of the
Licence Area by
(A) trappers, guide outfitters, range
tenure holders, and other licensed
resource users, and
(B) aboriginal people carrying out
aboriginal activities,
(iv) forest fire prevention and suppression,
prescribed fire, and fuel management,
(v) forest health, including disease and
pest management,
(vi) road construction, maintenance and
deactivation,
(vii) basic silviculture and, if applicable,
incremental silviculture, and
(viii) anything else relating to the management,
development and use of the Licence Area as
the Chief Forester requires,
which, subject to paragraph 2.33, meet or, if the
Licensee so chooses, exceed the applicable measures,
standards or specifications contained or reflected
in the guidelines, land and resource management
plans, and local resource use plans referred to in
clause 2.08(a)(ii),
(h) specify measures to be taken by the Licensee to
identify and consult with trappers, guide outfitters,
range tenure holders, and other licensed resource
users operating in the Licence Area,
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(i) specify measures to be taken by the Licensee to
identify and consult with aboriginal people who are
or who may be carrying out aboriginal activities in
the Licence Area,
(j) include
(i) the Statement of Management Objectives,
Options and Procedures accepted under
paragraph 2.11, including revisions, if any,
required under paragraph 2.33,
(ii) either
(A) the timber supply analysis accepted
under paragraph 2.20, together
with the assessment referred to in
subparagraph 2.20(b), or
(B) where no timber supply analysis has
been accepted, a draft timber supply
analysis prefaced with a statement
to the effect that the draft timber
supply analysis has not been
submitted under subparagraph 2.17(a)
or accepted under paragraph 2.20, as
applicable, and
(iii) either
(A) the 20-year plan accepted under
paragraph 2.21, together with the
assessment referred to in
subparagraph 2.21(b), or
(B) where no 20-year plan has been
accepted, a draft 20-year plan
prefaced with a statement to the
effect that the draft 20-year plan
has been not submitted under
subparagraph 2.17(b) or accepted
under paragraph 2.21, as applicable,
(k) assess the impact the draft management plan or
proposed management plan, as the case may be, will
have on factors such as harvest levels, economic
opportunies, the number of persons employed by the
Licensee and contractors of the Licensee, and the
conservation of non-timber values,
(l) highlight the key similarities and differences
between the draft management plan or the proposed
management plan, as the case may be, and the
management plan in effect or last in effect under
this Licence, and in a summary form compare
(i) the impact, if any, that implementation of
the management plan in effect or last in
effect under this Licence had, and
(ii) the impact, if any, that the Licensee
anticipates implementation of the draft
management plan or the proposed management
plan, as the case may be, will have
on factors such as those referred to in
subparagraph (k),
(m) propose a review strategy, complying with the
requirements of paragraphs 6.01 and 6.03, for
(i) the next Statement of Management Objectives,
Options and Procedures to be submitted under
paragraph 2.09,
(ii) the next draft management plan to be
submitted under paragraph 2.24,
(iii) the next statement of objectives referred
to in paragraph 3.01,
(iv) the next statement of proposals referred to
in paragraph 3.02, and
(v) proposed development plans to be submitted
under Part 4.00,
(n) if applicable, provide that part of the allowable
annual cut will be harvested from a specified part of
the Licence Area, or from a specified type of timber
or terrain,
(o) include such other information on the development,
management and use of the Licence Area as the Chief
Forester requires, and
(p) if required in the manual referred to in subparagraph
(a), provide some or all of the information referred
to in this paragraph in the form of maps meeting the
requirements of the manual.
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2.26 The Licensee, not less than three months prior to the date on
which the management plan in effect under this Licence is due
to expire, will submit to the Chief Forester
(a) a proposed management plan which is based on the
draft management plan referred to in paragraph 2.24,
and
(b) a summary of
(i) all comments
(A) provided by the Regional Manager
within two months of date on which
the Regional Manager receives a
draft management plan referred to
the Regional Manager in accordance
with the requirements of
subparagraph 2.24(a), and
(B) received by the Licensee in
complying with the requirements of
subparagraph 2.24(b), and
(ii) the differences, if any, between the draft
management plan and the proposed management
plan, including differences resulting from
modifications made in response to the
comments referred to in clause (i).
2.27 Subject to paragraphs 2.28 and 2.29, the Chief Forester,
within three months after the date on which the Chief Forester
receives a proposed management plan submitted under paragraph
2.26, subparagraph 2.30(b) or subparagraph 2.37(b), will in a
notice given to the Licensee approve the proposed management
plan, subject to such conditions as the Chief Forester
considers necessary or appropriate, if
(a) the Chief Forester is satisfied that the proposed
management plan
(i) meets the requirements of paragraph 2.25 and
subparagraph 2.26(a) or clause 2.37(b)(i),
as the case may be, and
(ii) adequately addresses the comment referred to
in clause 2.26(b)(i) or subclause 2.37(b)
(ii)(A), as the case may be, and
(b) the proposed management plan includes
(i) inventories referred to subparagraph 2.25
(d),
(ii) proposals referred to in subparagraph 2.25
(e) and (f),
(iii) measures referred to in subparagraphs 2.25
(h) and (i), and
(iv) a review strategy referred to in
subparagraph 2.25(m),
which are satisfactory to the Chief Forester.
2.28 The Chief Forester, in a notice given to the Licensee, may
decline to approve a proposed management plan under paragraph
2.27 until such time as
(a) a timber supply analysis is accepted under paragraph
2.20, or
(b) a 20-year plan is accepted under paragraph 2.21.
2.29 Where a timber supply analysis accepted under paragraph 2.20
or a 20-year plan accepted under paragraph 2.21 was not
included in the draft management plan referred to in paragraph
2.24, before approving a proposed management plan under
paragraph 2.27, the Chief Forester, in a notice given to the
Licensee, may require the Licensee to refer the timber supply
analysis or the 20-year plan, as the case may be, and make it
available for comment in accordance with the review strategy
referred to in paragraph 2.24.
2.30 Where the Chief Forester does not approve a proposed
management plan under paragraph 2.27,
(a) subject to paragraphs 2.28 and 2.29, the Chief
Forester, within three months after the date on which
the Chief Forester receives the proposed management
plan, will specify in a notice given to the Licensee
why the Chief Forester has not approved the proposed
management plan, and
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(b) the Licensee, within one month after the date on
which the Licensee is given the notice referred to in
subparagraph (a), will submit a new or revised
proposed management plan to the Chief Forester.
2.31 Subject to paragraphs 2.28 and 2.29, if
(a) the Chief Forester, within three months after the
date on which the Chief Forester receives a proposed
management plan submitted under paragraph 2.26, has
neither
(i) approved the proposed management plan under
paragraph 2.27, nor
(ii) given the Licensee a notice referred to in
subparagraph 2.30(a), and
(b) there is a management plan in effect under this
Licence,
then the term of that management plan referred to in
subparagraph (b) is deemed to be extended until such time as
the Chief Forester approves the proposed management plan
under paragraph 2.27, or gives the Licensee a notice referred
to in subparagraph 2.30(a), as the case may be.
2.32 If the Chief Forester is satisfied that the Licensee or a
ministry officer is trying in good faith to fulfill a
requirement or obligation under this Part, but for reasons
beyond the control of the Licensee or the ministry officer, as
the case may be, cannot
(a) meet a deadline referred to in this Part, or
(b) where there is a management plan in effect under this
Licence, fulfill the requirement
or obligation before the management plan is due to
expire,
then the Chief Forester, in a notice given to the Licensee,
will, as applicable,
(c) extend the deadline by a period the Chief Forester
considers sufficient to allow the ministry officer or
the Licensee, as the case may be, to fulfill the
requirement or obligation, or
(d) extend the term of the management plan by a period
the Chief Forester considers sufficient to allow the
ministry officer or the Licensee, as the case may be,
to fulfill the requirement or obligation in
accordance with applicable deadlines,
subject to such conditions as the Chief Forester considers
necessary or appropriate.
2.33 If the Licensee
(a) submits a Timber Supply Analysis Information Package
under paragraph 2.13, or the information or proposals
referred to in subparagraph 2.16(b) more than eight
months,
(b) submits a timber supply analysis under subparagraph
2.17(a) or 2.22(b), or a 20-year plan under
subparagraph 2.17(b) or 2.23(b) more than 13 months,
(c) submits a draft management plan under paragraph 2.24
more than 19 months, or
(d) submits a proposed management plan under paragraph
2.26 or subparagraph 2.30(b) more than 22 months,
after the date on which the Statement of Management
Objectives, Options and Procedures is accepted under paragraph
2.11, the Chief Forester, in a notice given to the Licensee
within one month of the date on which the applicable item is
submitted, may require the Licensee to amend both the
Statement of Management Objectives, Options and Procedures,
and one or more of the items referred to in subparagraph (a)
through (d) inclusive, to the extent required to ensure
consistency with
(e) guidelines,
(f) land and resource management plans, and
(g) local resource use plans,
in effect on the date the Licensee is given the notice.
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2.34 If the Chief Forester considers that
(a) damage to timber in the Licence Area as a result of
fire, flood, wind, insects, disease, or other causes,
(b) a determination by the Chief Forester that operations
conducted in accordance with the management plan are
causing or could cause serious damage to the natural
environment, including soils, fisheries, wildlife,
water, range, and recreation resources,
(c) approval, amendment or replacement of a land and
resource management plan,
(d) approval, amendment or replacement of a local
resource use plan,
(e) a change in the allowable annual cut as a result of a
determination by the Chief Forester under the Forest
Act, or
(f) other special circumstances,
have rendered the management plan in effect under the Licence
inadequate, the Chief Forester, in a notice given to the
Licensee, may require that the management plan be amended.
2.35 A notice referred to in paragraph 2.34 must specify
(a) why the Chief Forester considers the management plan
has been rendered inadequate,
(b) the extent to which the management plan is
inadequate, and
(c) the changes required by the Chief Forester.
2.36 Where the Chief Forester gives the Licensee a notice referred
to in paragraph 2.34, the Licensee, within three months after
the date on which the notice is given, will submit for the
Chief Forester's approval a proposed amendment to the
management plan, which incorporates the changes referred to in
subparagraph 2.35(c), to have effect during the unexpired term
of the management plan.
2.37 If the Licensee fails to comply with the requirements of
paragraph 2.36, the management plan in effect under this
Licence will expire three months after the date on which the
notice referred to in paragraph 2.34 is given to the Licensee,
in which case,
(a) within three months after the date on which the
management plan expires under this paragraph, the
Licensee will
(i) refer a draft management plan to the
Regional Manager and
(ii) at the same time, refer the draft management
plan referred to in clause (i) to resource
agencies and make it available for comment
in accordance with the review strategy
referred to in subparagraph 2.24(b), and
(b) within six months after the date on which the
management plan expires under this paragraph, the
Licensee will submit to the Chief Forester
(i) a proposed management plan which is based on
the draft management plan referred to in
subparagraph (a), and
(ii) a summary of
(A) all comments received by the
Licensee in complying with the
requirements of subparagraph (a),
and
(B) the differences, if any, between the
draft management plan and the
proposed management plan, including
differences resulting from
modifications made in response to
the comments referred to in
subclause (A).
2.38 The Licensee will implement the management plan in effect
under this Licence.
2.39 A management plan is deemed to be part of this Licence.
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2.40 Subject to paragraphs 2.31, 2.32, and 2.37, a management plan
expires five years after the date on which it takes effect.
3.00 OBJECTIVES AND STRATEGIES FOR EMPLOYMENT AND ECONOMIC OPPORTUNITIES
3.01 When the Licensee submits a Statement of Management
Objectives, Options and Procedures under paragraph 2.09, the
Licensee will also submit to the Regional Manager
(a) a statement of the Licensee's objectives regarding
(i) employment of people living in or near the
Licence Area, including aboriginal people,
and
(ii) economic opportunities available to people
living in or near the Licence Area,
including aboriginal people, in respect of
the timber harvested under this Licence and
the Licensee's operations under and in
respect of this Licence,
which has been referred to resource agencies and made
available for comment in accordance with the review
strategy approved
(iii) in the management plan in effect under this
Licence, or
(iv) under paragraph 2.06, as the case may be,
and
(b) a summary of
(i) all comments received by the Licensee in
complying with the review strategy referred
to in subparagraph (a), and
(ii) the modifications, if any, made to the
statement of objectives, prior to its
submission to the Regional Manager, in
response to the comments referred to in
clause (i).
3.02 When the Licensee refers a draft management plan and makes it
available for comment under paragraph 2.24, the Licensee will
also refer and make available in accordance with
(a) the review strategy approved in the management plan
in effect under this Licence, or
(b) under paragraph 2.06,
as the case may be, a statement of the Licensee's proposals
for meeting the objectives set out in the statement of
objectives submitted under paragraph 3.01.
3.03 When the Licensee submits a proposed management plan under
paragraph 2.26, the Licensee will also submit to the Chief
Forester
(a) a statement of proposals based on the statement of
proposals referred to in paragraph 3.02, and
(b) a summary of
(i) all comments received by the Licensee in
complying with the requirements of paragraph
3.02, and
(ii) the differences, if any, between the
statement of proposals submitted under this
paragraph and the statement of proposals
referred to in paragraph 3.02, including
differences resulting from modifications
made in response to the comments referred to
in clause (i).
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4.00 DEVELOPMENT PLANS
4.01 A five-year development plan approved under the tree farm
licence replaced by this Licence and still in effect on the
date immediately preceding the date on which that tree farm
licence expires is deemed for the remainder of the term of the
five-year development plan to be the development plan in
effect under this Licence.
4.02 If there was no approved five-year development plan in effect
under the tree farm licence replaced by this Licence on the
date immediately preceding the date on which that tree farm
licence expires, then the Licensee, not later than six months
after the date referred to in paragraph 1.19, will submit for
the District Manager's approval a proposed development plan
for the Licence Area.
4.03 The Licensee, not less than three months prior to the date on
which the development plan in effect under this Licence is due
to expire will submit for the District Manager's approval a
proposed development plan for the Licence Area.
4.04 Where the Chief Forester gives the Licensee a notice referred
to in paragraph 2.34, the Chief Forester may at the same time
give the Licensee a notice requiring the Licensee to amend the
development plan in effect under this Licence to the extent
required to ensure consistency with the changes referred to in
subparagraph 2.35(c).
4.05 Where the Chief Forester gives the Licensee a notice referred
to in paragraph 4.04, the Licensee, within three months after
the date on which the notice is given, will submit for the
District Manager's approval a proposed amendment to the
development plan to have effect during the unexpired term of
the development plan.
4.06 If the Licensee fails to comply with the requirements of
paragraph 4.05, the development plan in effect under this
Licence will expire three months after the date on which the
notice referred to in paragraph 4.04 is given to the Licensee,
in which case the Licensee, within four months after the date
on which the development plan expires under this paragraph,
will submit a proposed development plan for the District
Manager's approval.
4.07 A proposed development plan submitted under paragraph 4.02,
4.03, 4.06, or 4.11(b) must
(a) be signed and sealed by a professional forester and
signed by the Licensee or the Licensee's authorized
signatory,
(b) be prepared according to the applicable manual in
effect three months prior to the deadline for
submitting the proposed development plan under
paragraph 4.02, 4.03, or 4.06, as the case may be,
(c) be consistent with this Licence and the management
plan in effect at the time the proposed development
plan is submitted,
(d) set out the Licensee's development plans for a period
of five years, or longer if the Licensee so chooses,
beginning on the date the proposed development plan
takes effect,
(e) set out a proposed harvesting sequence of cut blocks
which will enable the Licensee, each year during the
period referred to in subparagraph (d), to harvest
timber from the Licence Area in accordance with the
cut control provisions of the Forest Act,
categorizing these cut blocks as follows
(i) cut blocks covered by existing cutting
permits,
(ii) cut blocks covered by outstanding cutting
permit applications submitted to the
District Manager,
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(iii) cut blocks for which the Licensee proposes
to submit cutting permit applications during
the term of the proposed development plan,
and
(iv) cut blocks which the Licensee proposes to
harvest during the period referred to in
subparagraph (d), but for which the Licensee
does not propose to submit cutting permit
applications during the term of the proposed
development plan, unless for any reason cut
blocks referred to in clause (iii) cannot be
harvested,
(f) include the following information regarding the cut
blocks referred to in subparagraph (e)
(i) season of operation, logging system and
reforestation method, and
(ii) the status of adjacent harvested areas,
(g) include one or more detailed maps of the following
information
(i) based on the best information readily
available to the Licensee,
(A) recreation areas, community
watersheds, fish spawning, fish
rearing and fish migration areas,
critical wildlife habitats, and any
other areas subject to specific
integrated resource management
constraints, and
(B) private properties, foreshore
leases, and public utilities within
the Licence Area,
(ii) based on information gathered by the
Licensee for the purposes of the proposed
development plan,
(A) the forest cover,
(B) operability and contour lines,
(C) sensitive soils, unstable slopes,
and areas subject to visual quality
constraints,
(D) boundaries of
(i) cut blocks referred to in
subparagraph (e), and
(ii) existing cutting permits,
(E) existing roads including, where
applicable, linkage to the public
road system, timber processing
facilities and log dumps,
(F) proposed roads, including bridges
and major culverts,
(G) roads under construction,
(H) roads which have been deactivated to
a temporary or semi-permanent level,
(I) fire breaks and fuel management
problem areas, and
(J) log handling and storage areas,
including existing or proposed log
dump sites,
(iii) based on consultation carried out in
accordance with the measures specified in
the management plan,
(A) the location of areas where
aboriginal people have indicated
they are or may be carrying out
aboriginal activities in the Licence
Area, and
(B) the location of areas where
trappers, guide outfitters, range
tenure holders, and other licenced
resource users are operating in the
Licence Area, and
(iv) any other information required under the
manual referred to in subparagraph (b), and
(h) include a Road Maintenance Plan complying with the
requirements of paragraph 11.04 and a Road
Deactivation Plan complying with the requirements of
paragraph 11.05.
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4.08 In addition to the requirements under paragraph 4.07, a
proposed development plan submitted under paragraph 4.02,
4.03, or 4.06 must
(a) have been referred to resource agencies and made
available for comment in accordance with the review
strategy approved in the management plan in effect
under this Licence, and
(b) be accompanied by a summary of
(i) all comments received by the Licensee in
complying with the review strategy referred
to in subparagraph (a), and
(ii) the modifications, if any, made to the
proposed development plan, prior to its
submission to the District Manager, in
response to the comments referred to in
clause (i).
4.09 Subject to paragraph 4.10, the District Manager, within three
months after the date on which a proposed development plan is
submitted under paragraph 4.02, 4.03, or 4.06, or two months
after the date on which a proposed development plan is
submitted under subparagraph 4.11(b), will in a notice given
to the Licensee approve the proposed development plan, subject
to such conditions as the District Manager considers necessary
or appropriate, if
(a) the District Manager is satisfied that the proposed
development plan meets the requirements of paragraph
4.07,
(b) the proposed harvesting sequence is satisfactory to
the District Manager,
(c) the District Manager is prepared to accept cutting
permit applications for
(i) the cut blocks referred to in clause
4.07(e)(iii), and
(ii) the cut blocks referred to in clause
4.07(e)(iv), if for any reason cut blocks
referred to in clause 4.07(e)(iii) cannot be
harvested, and
(d) the District Manager is satisfied that the
development plan adequately addressed the comments
referred to in clause 4.08(b)(i).
4.10 The District Manager will not approve a proposed development
plan unless there is a management plan in effect under this
Licence.
4.11 Where the District Manager does not approve a proposed
development plan under paragraph 4.09,
(a) subject to paragraph 4.10, the District Manager,
within three months after the date on which a
proposed development plan is submitted under
paragraph 4.02, 4.03, or 4.06, or two months after
the date on which a proposed development plan is
submitted under subparagraph 4.11(b), will specify in
a notice given to the Licensee why the District
Manager has not approved the development plan, and
(b) the Licensee, within one month after the date on
which the Licensee is given the notice referred to in
subparagraph (a), will submit a new or revised
proposed development plan to the District Manager.
4.12 A development plan is deemed to be part of this Licence.
4.13 Subject to paragraphs 4.01, 4.06, 4.14 and 4.15, a development
plan expires one year after the date on which it takes effect.
4.14 If
(a) the District Manager, within three months after the
date on which the District Manager receives a
proposed development plan submitted under paragraph
4.02 or 4.03, has neither
(i) approved the proposed development plan under
paragraph 4.09, nor
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(ii) given the Licensee a notice referred to in
subparagraph 4.11(a), and
(b) there is a management plan and a development plan in
effect under this Licence,
then the term of the development plan referred to in
subparagraph (b) is deemed to be extended until such time as
the District Manager approves the proposed development plan
under paragraph 4.09, or gives the Licensee a notice referred
to in subparagraph 4.11(a), as the case may be.
4.15 At the request of the Licensee, the District Manager may
extend the term of a development plan for a period not greater
than one year, provided there is a management plan in effect
under this Licence.
4.16 Before extending the term of a development plan under
paragraph 4.15, the District Manager may require the Licensee
to amend the development plan to the extent required to ensure
compliance with the management plan in effect under this
Licence.
4.17 If the development plan in effect under this Licence has been
rendered inadequate as a result of circumstances the Licensee
could not reasonably have foreseen at the time the proposed
development plan was submitted for the District Manager's
approval, the Licensee may submit for the District Manager's
approval a proposed amendment to the development plan.
4.18 The District Manager at his or her sole discretion may approve
a proposed amendment submitted under paragraph 4.17, provided
there is a management plan in effect under this Licence.
4.19 Before approving a proposed amendment submitted under
paragraph 4.17, the District Manager may require the Licensee
to refer the proposed amendment, and make it available for
comment in accordance with the review strategy referred to in
subparagraph 4.08(a).
5.00 CUTTING PERMITS
5.01 All cutting permits in effect under the tree farm licence
replaced by this Licence continue in effect under this Licence
for the duration of their respective terms.
5.02 Subject to paragraph 5.04, the Licensee may submit cutting
permit applications for
(a) cut blocks referred to in clause 4.07(e)(iii), and
(b) cut blocks referred to in clause 4.07(e)(iv), if for
any reason cut blocks referred to clause 4.07(e)(iii)
cannot be harvested, to enable the Licensee to
harvest timber from the Licence Area in accordance
with the cut control provisions of the Forest Act.
5.03 Subject to paragraphs 5.05 and 5.06, upon receipt of cutting
permit applications referred to in paragraph 5.02, the
District Manager will issue cutting permits to the Licensee
for
(a) cut blocks referred to in clause 4.07(e)(iii), and
(b) cut blocks referred to in clause 4.07(e)(iv), if for
any reason cut blocks referred to clause 4.07(e)(iii)
cannot be harvested,
if the District Manager is satisfied that the cutting permit
application meets the requirements of paragraph 5.04.
5.04 A cutting permit application referred to in paragraph 5.02
must
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(a) be signed and sealed by a professional forester and
signed by the Licensee or the Licensee's authorized
signatory,
(b) contain such information as is required
(i) by the District Manager in a notice given to
the Licensee two months prior to the date on
which the cutting permit application is
submitted, or
(ii) in the applicable manual in effect two
months prior to the date on which the
cutting permit application is submitted,
(c) subject to paragraph 5.08, be accompanied by a
proposed logging plan, and
(d) be consistent with the management plan and
development plan in effect under this Licence, and
the pre-harvest silviculture prescription, if any,
approved for the area on which the timber to be
harvested is located.
5.05 The District Manager will not issue a cutting permit under
paragraph 5.03 unless
(a) subject to an exemption referred to in subparagraph
5.18(b), the District Manager has approved a
pre-harvest silviculture prescription for the area on
which the timber to be harvested is located, and
(b) there is a management plan and development plan in
effect under this Licence.
5.06 The District Manager may delay issuing a cutting permit if he
or she is satisfied that
(a) the Licensee will be able under existing cutting
permits and road permits to harvest that portion of
the allowable annual cut available to the Licensee,
and
(b) the delay will not compromise the management plan and
development plan in effect under this Licence.
5.07 Where the District Manager
(a) is not satisfied that a cutting permit application
meets the requirement of paragraph 5.04,
(b) is prohibited under paragraph 5.05 from issuing a
cutting permit, or
(c) is delaying issuing the cutting permit under
paragraph 5.06,
the District Manager will give the Licensee a notice to that
effect within two months after the date on which the cutting
permit application is submitted.
5.08 The District Manager may
(a) exempt the Licensee from the requirement under
paragraph 5.04(c) to submit a logging plan with a
cutting permit application, and
(b) issue a cutting permit before approving a logging
plan
however, where a cutting permit is issued prior to the
approval of the logging plan, the Licensee will not commence
operations under the cutting permit until a logging plan has
been submitted and approved.
5.09 At the request or with the consent of the Licensee, the
District Manager may at any time
(a) amend an existing cutting permit, or
(b) issue a cutting permit,
to authorize the Licensee to harvest wind thrown, dead,
damaged, infested or diseased timber within the Licence Area.
5.10 A cutting permit must
(a) subject to this Licence and the Forest Act, authorize
timber to be harvested in accordance with the
provisions of the cutting permit from proximate cut
blocks located within the Licence Area,
(b) be consistent with
(i) this Licence,
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(ii) the Forest Act,
(iii) subject to an exemption referred to in
subparagraph 5.18(b), the pre-harvest
silviculture prescription approved for the
area on which the timber is to be harvested,
and
(iv) subject to paragraphs 5.09 and 5.14, the
management plan and development plan in
effect on the date the cutting permit is
issued,
(c) subject to paragraph 5.13, be for a term not
exceeding three years,
(d) prescribe the locations of roads to be built or
deactivated on the area covered by the cutting
permit, and the specifications and standards to be
followed in building or deactivating these roads,
(e) prescribe utilization standards and forestry
practices to be followed in timber harvesting
operations carried on under the cutting permit,
(f) set out procedures for assessing the volumes of
timber wasted or damaged by the Licensee, and provide
for a charge based on applicable stumpage rates to be
paid by the Licensee,
(g) specify a timber xxxx to be used in conjunction with
the timber harvesting operations carried on under the
cutting permit,
(h) specify whether the cutting permit is scale based or
cruise based, and
(i) subject to subparagraph (b), include such other
provisions as the District Manager considers
necessary or appropriate.
5.11 Subject to paragraphs 5.12, 5.13 and 5.14, the District
Manager may amend a cutting permit only at the request or with
the consent of the Licensee.
5.12 A cutting permit that does not comply with the requirements of
paragraph 5.10 is not void, however,
(a) on the request of the Licensee, or
(b) on one month notice to the Licensee,
the District Manager may amend the cutting permit to the
extent required to ensure compliance with the requirements of
paragraph 5.10.
5.13 The District Manager may, in a notice given to the Licensee,
extend the term of a cutting permit.
5.14 Where under paragraph 5.13 the District Manager extends the
term of a cutting permit, the District Manager may, in a
notice given to the Licensee, amend the cutting permit to the
extent required to ensure compliance with the management plan
and development plan in effect on the date the term of the
cutting permit is extended.
5.15 Unless exempted in writing by the District Manager or a person
authorized by the District Manager, the Licensee will define
on the ground the boundaries of the areas authorized for
harvesting under a cutting permit.
5.16 A cutting permit is deemed to be part of this Licence.
5.17 A logging plan approved in respect of a cutting permit is
deemed to be part of this Licence and the applicable cutting
permit.
5.18 The Licensee will not harvest any timber under a cutting
permit, unless
(a) a pre-harvest silviculture prescription has been
approved, or
(b) the Licensee has been exempted under the Forest Act
from the requirement to have a pre-harvest
silviculture prescription approved,
for the area on which the timber is located.
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5.19 A cutting permit or approved logging plan that is inconsistent
with the pre-harvest silviculture prescription approved for
the area covered by the cutting permit is not void, but to the
extent of the inconsistency the pre-harvest silviculture
prescription will prevail.
5.20 Without restricting the generality of subparagraph 5.10(i),
the District Manager may include in a cutting permit a
provision requiring the Licensee to provide a specified level
of supervision in respect of employees and contractors
carrying out operations under the cutting permit on sites
identified by the District Manager as being environmentally
sensitive sites.
6.00 REVIEW STRATEGY & MINISTRY CONSULTATION
6.01 A review strategy referred to in subparagraph 2.05(b), 2.07(b)
and subparagraph 2.25(m) must
(a) provide adequate opportunities for comment to persons
interested in or affected by operations under this
Licence, including but not restricted to
(i) resource agencies,
(ii) trappers, guide outfitters, range tenure
holders, and other licensed resource users,
(iii) aboriginal people,
(iv) local governments, and
(v) members of the public, and
(b) specify measures for inviting comment, including
(i) referrals to resource agencies,
(ii) advertising methods, times and locations,
(iii) viewing methods, times and locations,
(iv) if applicable, times and locations of open
houses, and
(v) methods for collecting written and oral
comments from interested persons.
6.02 An opportunity for comment provided to a person referred to in
subparagraph 6.01(a) will only be adequate for the purposes of
that subparagraph if, in the opinion of the Regional Manager
or the Chief Forester, as the case may be, the opportunity for
comment properly reflects the nature and extent of that
person's interest in the Licence Area and any right that
person may have to use the Licence Area.
6.03 In addition to the requirements under paragraph 6.01, a review
strategy for development plans must specify measures which are
consistent with the usual procedures in the applicable forest
district.
6.04 When in accordance with an approved review strategy the
Licensee refers a document or plan to resource agencies, or
makes it available for comment, the Licensee will at the same
time send a copy of the document or plan to the Regional
Manager for his or her information.
6.05 Before
(a) approving a review strategy under paragraph 2.06,
(b) accepting a Statement of Management Objectives,
Options and Procedures under paragraph 2.11,
(c) approving a proposed management plan under paragraph
2.27,
(d) approving a proposed development plan under paragraph
4.09, or
(e) issuing a cutting permit under Part 5.00,
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the Regional Manager, the Chief Forester, or the District
Manager, as the case may be, at his or her sole discretion and
notwithstanding the Licensee's obligations under the review
strategy, may consult persons who may be interested in or
affected by operations under this Licence, including but not
restricted to
(f) resource agencies,
(g) trappers, guide outfitters, range tenure holders, and
other licensed resource users,
(h) aboriginal people,
(i) local governments, and
(j) members of the public,
and, subject to paragraph 6.06, may consider any comments
received as a result of consultation under this paragraph.
6.06 If because of comments received as a result of consultation
under paragraph 6.05, the Regional Manager, the Chief
Forester, or the District Manager is considering
(a) not accepting, approving, or issuing, or
(b) imposing a condition upon acceptance, approval or
issuance of,
a document or plan referred to in paragraph 6.05, the Regional
Manager, the Chief Forester, or the District Manager, as the
case may be, will provide the Licensee with an opportunity to
respond to the comments before making a decision.
7.00 CONDITIONS IMPOSED UPON ACCEPTANCE OR APPROVAL
7.01 Where under this Licence a ministry officer has a discretion
to make his or her acceptance or approval of a document or
plan subject to a condition, the ministry officer will
exercise that discretion in a reasonable manner, having regard
to the purposes and functions of the Ministry of Forests set
out in Section 4 of the Ministry of Forests Act as it read on
June 1, 1993.
7.02 The Licensee, in a notice given to the appropriate ministry
officer within 15 days of the date on which the notice of
acceptance or approval is given to the Licensee, may reject
any condition to which the acceptance or approval is subject,
in which case the notice of approval or acceptance is deemed
to be a notice that the applicable document or plan is not
accepted or approved for the reasons set out in the
conditions.
8.00 ANNUAL REPORT
8.01 On or before April 1 of each year during the term of this
Licence, the Licensee will submit to the Chief Forester, the
Regional Manager and the District Manager an annual report
(a) prepared in accordance with the applicable manual in
effect on January 1 of the year in which the annual
report is submitted, and
(b) containing the information required in the manual
referred to in subparagraph (a) regarding
(i) the Licensee's performance over the previous
calendar year in relation to its management
of the Licence Area and its obligations
under this Licence,
(ii) the Licensee's success in meeting its
management objectives, including but not
restricted to its management objectives with
respect to employment and economic
opportunities,
(iii) the processing or other use or disposition
of the timber harvested under this Licence,
and
(iv) the Licensee's goals and major initiatives
for the next calendar year.
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8.02 The Licensee will make a copy of an annual report submitted
under paragraph 8.01 available for review by interested
persons during normal business hours at the Licensee's place
of business in the vicinity of the Licence Area or, if the
Licensee chooses, at another location which is convenient to
the public and acceptable to the Regional Manager.
9.00 CUT CONTROL
9.01 The Licensee will comply with the cut control provisions of
the Forest Act.
9.02 The five-year cut control period for this Licence means the
5-year period beginning on January 1, 1995, and each
succeeding 5-year period.
10.00 FINANCIAL AND DEPOSITS
10.01 Where any money is payable by the Licensee under the Forest
Act in respect of this Licence, a road permit or a special use
permit, the money payable under the Forest Act is also deemed
to be money payable under this Licence.
10.02 In addition to any money payable by the Licensee under
paragraph 10.01, the Licensee will pay to the Crown,
immediately upon receipt of a notice issued on behalf of the
Crown,
(a) in respect of timber harvested from Schedule B Land,
stumpage under Part 7 of the Forest Act,
(b) in respect of timber harvested from Schedule A Land
subject to a timber licence, stumpage or royalty
under Part 7, as elected by the Licensee under
Section 23 of the Forest Act, and
(c) any charges in respect of an assessment referred to
in subparagraph 5.10(f).
10.03 During the term of this Licence, the Licensee will maintain on
deposit with the Crown an amount prescribed under the Forest
Act, in cash or in negotiable securities acceptable to the
Minister, as security for the Licensee's performance of its
obligations under
(a) this Licence, a road permit or a special use permit,
or
(b) the Forest Act in respect of this Licence a road
permit or a special use permit, and
where the Regional Manager or District Manager gives the
Licensee a notice advising that an amount has been taken under
this Part from the deposit, the Licensee, within one month
after the date on which the notice is given, will pay to the
Crown, in cash or negotiable securities acceptable to the
Minister, an amount sufficient to replenish the deposit.
10.04 If the Licensee fails
(a) to pay money that the Licensee is required to pay to
the Crown under this Licence, a road permit or a
special use permit, or under the Forest Act in
respect of this Licence, a road permit or a special
use permit, or
(b) to otherwise perform its obligations under this
Licence, a road permit or a special use permit, or
under the Forest Act in respect of this Licence, a
road permit or a special use permit,
then the Regional Manager or District Manager, after at least
one month notice to the Licensee, may take from the deposit
(c) an amount equal to the money which the Licensee
failed to pay,
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(d) an amount sufficient to cover all costs reasonably
incurred by the Regional Manager or District Manager
in remedying the Licensee's failure to perform its
obligations, or
(e) an amount equal to the Regional Manager's or District
Manager's estimate of the costs which the Regional
Manager or District Manager could reasonably expect
to incur in remedying the Licensee's failure to
perform its obligations,
and for that purpose a security included in the deposit may be
sold.
10.05 A notice referred to in paragraph 10.04 must specify
(a) the obligation which the Licensee has failed to
perform, and
(b) the amount of money the Regional Manager or District
Manager intends to take from the deposit.
10.06 Subject to paragraphs 10.08, 10.09 and 10.10, where
(a) the Regional Manager or District Manager under
paragraph 10.04 takes from the deposit an amount
equal to the Regional Manager's or District Manager's
estimate of the costs which the Regional Manager or
District Manger could reasonably expect to incur in
remedying the Licensee's failure to perform its
obligations, and
(b) the costs reasonably incurred by the Regional Manager
or District Manager in remedying the Licensee's
failure to perform its obligations are less than the
amount taken from the deposit,
the Regional Manager or District Manager, as the case may be,
will as soon as practicable return to the Licensee an amount
equal to the difference between the amount taken from the
deposit and the costs incurred by the Regional Manager or
District Manager.
10.07 Where
(a) the Regional Manager or District Manager under
paragraph 10.04 takes from the deposit an amount
equal to the Regional Manager's or District Manager's
estimate of the costs which the Regional Manager or
District Manager could reasonably expect to incur in
remedying the Licensee's failure to perform its
obligations, and
(b) the costs reasonably incurred by the Regional Manager
or District Manager in remedying the Licensee's
failure to perform its obligations are greater than
the amount taken from the deposit,
the Regional Manager or District Manager may take from the
deposit an additional amount equal to the difference between
the costs incurred by the Regional Manager or District Manager
and the amount originally taken from the deposit, and for that
purpose a security included in the deposit may be sold.
10.08 Where the Regional Manager or District Manager under paragraph
10.04 takes from the deposit an amount equal to the Regional
Manager's or District Manager's estimate of the costs which
the Regional Manager or District Manager could reasonably
expect to incur in remedying the Licensee's failure to perform
its obligations, the Regional Manager or District Manager, as
the case may be, is under no obligation to remedy the
Licensee's failure.
10.09 Where
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(a) the Regional Manager or District Manager under
paragraph 10.04 takes from the deposit an amount
equal to the Regional Manager's or District Manager's
estimate of the costs which the Regional Manager or
District Manager could reasonably expect to incur in
remedying the Licensee's failure to perform its
obligations,
(b) the Regional Manager or District Manager does not
remedy the Licensee's failure to perform its
obligations, and
(c) the Regional Manager or District Manager gives a
notice to the Licensee indicating that the Regional
Manager or District Manager will not be remedying the
Licensee's failure to perform its obligations,
then, subject to paragraph 10.10, the Regional Manager or
District Manager may retain the amount taken from the deposit
under paragraph 10.04.
10.10 If, after receiving a notice referred to in paragraph 10.09,
the Licensee
(a) remedies the failure to perform its obligations, and
(b) gives a notice to that effect to the Regional Manager
or District Manager within three months of the date
on which the notice referred to in paragraph 10.09 is
given to the Licensee, or within such longer period
as the Regional Manager or District Manager may
approve,
then the Regional Manager or District Manager, as the case may
be, will return to the Licensee an amount equal to the
difference between the amount taken from the deposit and any
costs reasonably incurred by the Regional Manager or District
Manager in respect of the Licensee's failure to perform its
obligations.
10.11 If the Regional Manager or District Manager considers that
(a) any operation that is to be carried out under this
Licence, a road permit or a special use permit is
likely to cause damage to persons or property, and
(b) the deposit is insufficient to indemnify the Crown
for any liability which the Crown might incur as a
consequence of the operation,
then the Regional Manager or District Manager may require the
Licensee to maintain with the Crown a special deposit, in cash
or in negotiable securities acceptable to the Minister, in the
amount determined by the Regional Manager or District Manager,
as the case may be.
10.12 If the Licensee fails to
(a) remedy any damage resulting from an operation
referred to in paragraph 10.11, or
(b) compensate any person who suffers a loss as a result
of an operation referred to in paragraph 10.11,
the Regional Manager or District Manager may, after at least
one month notice to the Licensee, take an amount from the
special deposit sufficient to indemnify the Crown for any
liability which is or may be incurred by the Crown as a
consequence of a failure referred to in subparagraph (a) or
(b).
10.13 A notice referred to in paragraph 10.12 must specify
(a) the nature of the Licensee's failure,
(b) the nature of the damage or loss, and
(c) the amount of money the Regional Manager or District
Manager intends to take from the special deposit.
10.14 Subject to the Forest Act, the Regional Manager will refund to
the Licensee
(a) the deposit, less deductions made under paragraphs
10.04 and 10.07, when
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(i) this Licence terminates or expires and is
not replaced under Section 29 of the Forest
Act, and
(ii) the Regional Manager is satisfied that the
Licensee has fulfilled its obligations under
this Licence, and
(b) a special deposit, less deductions made under
paragraph 10.12, when the Regional Manager, acting
reasonably, is satisfied that the Crown is no longer
at risk of being held liable as a consequence of an
operation referred to in paragraph 10.11.
11.00 ROADS
11.01 Subject to the provisions of a cutting permit or road permit,
the Licensee will ensure that the specifications, standards
and locations of all roads the Licensee builds on the Licence
Area are consistent with the management plan and development
plan in effect at the time the road is built.
11.02 Upon the expiry of a road permit or a special use permit, all
improvements, including roads and bridges, constructed by the
Licensee under the authority of the road permit or the special
use permit will vest in the Crown, without right of
compensation to the Licensee, unless otherwise specified in
the road permit or special use permit.
11.03 The Licensee will not remove any improvements referred to in
paragraph 11.02, unless authorized to do so by the Regional
Manager.
11.04 The Road Maintenance Plan included in the Development Plan
must
(a) identify those roads shown on the maps referred to in
subparagraph 4.07(g) which the Licensee will maintain
for harvesting, silviculture and forest protection
purposes, and
(b) specify the maintenance operations which the Licensee
will carry out to
(i) protect the structural integrity of the
roads referred to in subparagraph (a) and
the cleared area of the road right-of-way
adjoining these roads,
(ii) keep drainage systems, including culverts
and ditches, functional,
(iii) minimize surface erosion, and
(iv) ensure these roads are safe for forest
harvesting or other industrial purposes.
11.05 The Road Deactivation Plan included in the Development Plan
must
(a) identify those roads shown on the maps referred to in
subparagraph 4.07(g) which the Licensee will
deactivate each year over the next three years,
specifying in each case whether the deactivation will
be temporary, semi-permanent or permanent,
(b) specify the operations required to
(i) stabilize the roads referred to in
subparagraph (a) and the cleared area of the
road right-of-way adjoining these roads, and
(ii) restore or maintain the natural drainage at
each road location,
(c) identify those roads shown on the maps referred to in
subparagraph 4.07(g) which have been deactivated by
the Licensee to a temporary or semi-permanent level
in the past year, and any other roads that have been
permanently deactivated by the Licensee in the past
year, and
(d) specify the type of vehicle which can access the
roads referred to in subparagraph (a) or (c).
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12.00 FIRE PROTECTION
12.01 Before April 1 of each year during the term of this Licence,
the Licensee will submit for the District Manager's approval a
fire protection pre-organization plan consistent with this
Licence, and will include a duty roster in the fire protection
pre-organization plan.
12.02 An approved fire protection pre-organization plan is deemed to
be part of this Licence.
12.03 The Licensee's obligations under an approved fire protection
pre-organization plan are in addition to and do not replace
its commitments in the management plan or development plan or
its obligations under Section 121 of the Forest Act.
13.00 FORESTRY
13.01 The Licensee will
(a) comply with the requirements of the Forest Act with
respect to basic silviculture, and
(b) ensure basic silviculture and, if applicable,
incremental silviculture carried out by or for the
Licensee on the Licence Area is consistent with the
management plan in effect under this Licence.
13.02 If under this Licence or the Forest Act the Licensee is to
develop or maintain a recreation site or trail, the Licensee
may enter onto Crown land for this purpose.
13.03 If the Licensee posts a sign concerning silviculture or the
development and maintenance of recreation sites or trails, the
sign must acknowledge any contribution made by the Crown in
respect of the silviculture or the development or maintenance
of recreation sites or trails.
13.04 The Licensee will annually review pest management strategies
with the District Manager and, if required by the District
Manager, the Licensee will submit a pest management plan,
including appropriate surveys, for the District Manager's
approval.
13.05 The Licensee's obligations under an approved pest management
plan are in addition to and do not replace its commitments in
the management plan or development plan respecting pest
management.
13.06 The Regional Manager or the District Manager may carry out
(a) basic silviculture on Schedule B Land referred to in
paragraph 1.07, 1.08, 1.09 and 1.16, in accordance
with the Crown's basic silviculture obligations under
the Forest Act, and
(b) incremental silviculture on Schedule B Land or
Schedule A Land subject to a timber licence, provided
that in so doing the Regional Manager or District
Manager, as the case may be, does not
(i) compromise the management plan or
development plan in effect under this
Licence, or
(ii) unreasonably interfere with the Licensee's
operations under this Licence.
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13.07 Where the Regional Manager or the District Manager carries out
basic silviculture referred to in subparagraph 13.06(a) or
incremental silviculture referred to in subparagraph 13.06(b),
the Regional Manager or the District Manager, as the case may
be, will ensure that the basic silviculture and, if applicable
the incremental silviculture is consistent with the intent of
the management plan in effect under this Licence.
14.00 ACCESS AND ACCOMMODATION
14.01 Any ministry officer may use roads owned or deemed to be owned
by the Licensee, for the purposes of fulfilling an obligation
or exercising a right under this Licence.
14.02 The Licensee will allow any person who has been granted
harvesting rights to timber referred to in paragraph 1.07,
1.08, 1.09, or 1.16 to use any road providing access to timber
within the Licence Area, which is owned or deemed to be owned
by the Licensee.
14.03 The Licensee will not require any payment from a person
referred to in paragraph 14.02 other than a reasonable payment
in respect of the actual maintenance costs of the road.
14.04 Upon reasonable notice from the Regional Manager or District
Manager, the Licensee will provide a ministry officer with
reasonable office and living accommodation on premises owned
or operated by the Licensee in or near the Licence Area, to
enable the ministry officer to fulfill an obligation or
exercise a right under this Licence.
14.05 The Licensee may charge the Regional Manager or District
Manager, as the case may be, for costs reasonably incurred in
providing the accommodation referred to in paragraph 14.04.
15.00 CONTRACTORS
15.01 Each year during the term of this Licence, the Licensee will
ensure that not less than
(a) 50 percent of the volume of timber harvested by or
for the Licensee under this Licence during the year,
multiplied by
(b) the result obtained by the division of
(i) the portion of the allowable annual cut that
the Chief Forester determines is
attributable to Schedule B Land, by
(ii) the allowable annual cut,
is harvested by persons under contract with the Licensee.
15.02 Compliance with the requirement of paragraph 15.01 will be
calculated in accordance with the method prescribed under the
Forest Act.
15.03 If in a calendar year the volume of timber harvested by
persons under contract with the Licensee is less than a volume
required under paragraph 15.01, the Licensee will on demand
pay to the Crown, an amount of money equal to
(a) the volume required under paragraph 15.01 minus the
volume harvested during the calendar year by persons
under contract, multiplied by
(b) the weighted average of the stumpage rates charged in
invoices issued to the Licensee during the calendar
year for timber harvested under this Licence from
Schedule B Land,
unless the Minister relieves the Licensee in whole or in part
from the requirements of this paragraph.
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15.04 The Licensee may contract to have more than the volume
required under paragraph 15.01 harvested by persons under
contract.
15.05 The Minister may relieve the Licensee from the requirement
under paragraph 15.01 to the extent provided for under the
Forest Act.
16.00 TIMBER PROCESSING
16.01 The Licensee will process all timber harvested under a cutting
permit or a road permit, or equivalent volumes, through a
timber processing facility
(a) owned or operated by the Licensee or an affiliate of
the Licensee within the meaning of the Company Act,
and
(b) equipped to carry out debarking and chipping,
unless the Minister exempts the Licensee in whole or in part
from the requirements of this paragraph.
16.02 Where the Licensee
(a) intends to close a timber processing facility or
reduce its production, or
(b) has reason to believe that an affiliate of the
Licensee within the meaning of the Company Act
intends to close a timber processing facility or
reduce its production,
for a period of longer than 90 days, the Licensee will give
the Minister at least three months notice prior to the closure
or reduction.
16.03 Where
(a) the Licensee, or
(b) an affiliate of the Licensee within the meaning of
the Company Act,
closes a timber processing facility or reduces its production
for a period longer than 90 days, the Licensee will at the
request of the Minister provide information regarding the
volume of Crown timber processed through the timber processing
facility during the 24-month period immediately preceding the
closure or reduction in production level.
16.04 The Licensee will continue to operate, and where applicable
construct or expand, a timber processing facility in
accordance with
(a) the proposal made in the application on which the
award of the tree farm licence replaced by this
Licence or any predecessor to that tree farm licence
was based, and
(b) the revisions, if any, to that proposal which have
been approved by the Minister or an appropriate
ministry officer.
17.00 LIABILITY AND INDEMNITY
17.01 Subject to paragraph 17.03, the Licensee will indemnify the
Crown against and save it harmless from all claims, demands,
suits, actions, causes of action, costs, expenses and losses
faced, incurred or suffered by the Crown as a result, directly
or indirectly, of any act or omission of
(a) the Licensee,
(b) an employee of the Licensee,
(c) an agent of the Licensee,
(d) a contractor of the Licensee who engages in any
activity or carries out any operation, including but
not restricted to harvesting operations, under or
associated with this Licence, a road permit, a free
use permit issued to the Licensee, or a special use
permit, or
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34
(e) any other person who on behalf of the Licensee
engages in any activity or carries out any operation,
including but not restricted to harvesting
operations, under or associated with this Licence, a
road permit, a free use permit issued to the Licensee
or a special use permit.
17.02 For greater certainty, the Licensee has no obligation to
indemnify the Crown under paragraph 17.01 in respect of any
act or omission of
(a) an employee, agent or contractor of the Crown, in the
course of carrying out his or her duties as employee,
agent or contractor of the Crown, or
(b) a person other than the Licensee to whom the Crown
has granted the right to enter, use or occupy Crown
land, including a person who has been granted the
right to harvest timber referred to in paragraph
1.07, 1.08, 1.09 or 1.16, in the course of exercising
those rights.
17.03 Paragraph 17.01 does not apply to an act or omission which is
a direct response to, and complies with, an order made by a
ministry officer or another officer of the Crown.
17.04 Money taken under Part 10.00 from a deposit or special
deposit, and money paid by the Licensee under paragraph 15.03
or 17.01, is in addition to and not in substitution for any
other remedies available to the Crown in respect of a default
of the Licensee.
18.00 LIMITATION OF LIABILITY
18.01 The Licensor is not liable to the Licensee for injuries,
losses, expenses, or costs incurred or suffered by the
Licensee as a result, directly or indirectly, of an act or
omission of a person who is not a party to this Licence,
including but not restricted to an act or omission of a person
disrupting, stopping or otherwise interfering with the
Licensee's operations under this Licence by road blocks or
other means.
19.00 INTERFERENCE WITH ABORIGINAL RIGHTS
19.01 Notwithstanding any other provision of this Licence, if a
court of competent jurisdiction
(a) determines that the Licensee's operations under this
Licence, or the Licensee's use or occupation of
Schedule B Land or Schedule A Land subject to a
timber licence, is interfering or may interfere with
an aboriginal right,
(b) grants an injunction further to a determination
referred to in subparagraph (a), or
(c) grants an injunction pending a determination of
whether the Licensee's operations under this Licence,
or the Licensee's use or occupation of Schedule B
Land or Schedule A Land subject to a timber licence,
is interfering or may interfere with an aboriginal
right,
then, having regard to any determination of the court and the
terms of any injunction granted by the court, the Regional
Manager or District Manager, in a notice given to the
Licensee, may, in whole or in part, vary, suspend, or refuse
to issue
(d) a cutting permit,
(e) a road permit,
(f) a special use permit, or
(g) a free use permit issued to the Licensee,
to the extent necessary to ensure there is no interference or
no further interference with the aboriginal right or the
alleged aboriginal right.
19.02 Notwithstanding any other provision of this Licence, if a
court of competent jurisdiction
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35
(a) determines that the Licensee's operations under this
Licence, or the Licensee's use or occupation of
Schedule B Land or Schedule A Land subject to a
timber licence, is interfering or may interfere with
an aboriginal right,
(b) grants an injunction further to a determination
referred to in subparagraph (a), or
(c) grants an injunction pending a determination of
whether the Licensee's operations under this Licence,
or the Licensee's use or occupation of Schedule B
Land or Schedule A Land subject to a timber licence,
is interfering or may interfere with an aboriginal
right,
then, having regard to any determination of the court and the
terms of any injunction granted by the court, the Chief
Forester, in a notice given to the Licensee, may require the
Licensee to amend one or both of the following
(d) the management plan in effect under this Licence, and
(e) the development plan in effect under this Licence,
to the extent necessary to ensure there is no interference or
no further interference with the aboriginal right or the
alleged aboriginal right.
19.03 Where the Chief Forester gives the Licensee a notice referred
to in paragraph 19.02, the Licensee, in accordance with the
requirements of the notice and within the time specified in
the notice, will submit one or both of the following
(a) for the Chief Forester's approval, a proposed
amendment to the management plan to have effect
during the unexpired term of the management plan, and
(b) for the District Manager's approval, a proposed
amendment to the development plan to have effect
during the unexpired term of the development plan.
19.04 Subject to the Forest Act and all other applicable legislation
and the other provisions of this Licence, the Chief Forester
or the District Manager, as the case may be, will approve a
proposed amendment referred to in paragraph 19.03 if he or she
is satisfied that the proposed amendment
(a) meets the requirements of the notice referred in
paragraph 19.02, and
(b) is consistent with any determination of the court and
the terms of any injunction granted by the court
referred to in paragraph 19.02.
19.05 If either
(a) the Licensee fails to comply with the requirements of
paragraph 19.03, or
(b) the Chief Forester or the District Manager does not
approve a proposed amendment under paragraph 19.04,
the Chief Forester or the District Manager may amend the
management plan or the development plan, as the case may be,
to the extent necessary to ensure the plan
(c) meets the requirements of the notice referred to in
paragraph 19.02, and
(d) is consistent with any determination of the court and
the terms of any injunction granted by the court
referred to in paragraph 19.02.
19.06 Subject to the Forest Act and all other applicable legislation
and the other provisions of this Licence, where
(a) the Regional Manager or District Manager has varied a
cutting permit, road permit, special use permit, or
free use permit under paragraph 19.01,
(b) a court of competent jurisdiction subsequently
overturns, sets aside or dissolves the determination
or injunction referred to in that paragraph, and
(c) the Regional Manager or District Manager, as the case
may be, considers it practicable to do so,
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36
the Regional Manager or District Manager, at the request of
the Licensee, will vary the permit to reflect as closely as
possible the terms and conditions of the permit prior to its
variation under paragraph 19.01.
19.07 Subject to the Forest Act and all other applicable legislation
and the other provisions of this Licence, where
(a) the Regional Manager or District Manager has
suspended a cutting permit, road permit, special use
permit, or free use permit under paragraph 19.01,
(b) a court of competent jurisdiction subsequently sets
aside or dissolves the determination or injunction
referred to in that paragraph, and
(c) the Regional Manager or District Manager, as the case
may be, considers it practicable to do so,
the Regional Manager or District Manager, at the request of
the Licensee will reinstate the permit.
19.08 Subject to the Forest Act and all other applicable legislation
and the other provisions of this Licence, where
(a) the Regional Manager or District Manager has refused
to issue a cutting permit, road permit, special use
permit, or free use permit under paragraph 19.01,
(b) a court of competent jurisdiction subsequently
overturns, sets aside or dissolves the determination
or injunction referred to in that paragraph, and
(c) the Regional Manager or District Manager, as the case
may be, considers it practicable to do so,
the Regional Manager or District Manager, at the request of
the Licensee, will issue the permit.
19.09 Subject to the Forest Act and all other applicable legislation
and the other provisions of this Licence, where
(a) as a result of a determination or injunction referred
to in paragraph 19.02, an amendment to the management
plan or development plan in effect under this Licence
has been approved under paragraph 19.04 or made under
paragraph 19.05, and
(b) a court of competent jurisdiction subsequently
overturns, sets aside or dissolves the determination
or injunction,
the Licensee may submit an amendment reversing, insofar as it
is possible, the effects of the amendment referred to in
subparagraph (a), and the Chief Forester or the District
Manager, as the case may be, will approve the amendment if he
or she considers its practicable to do so.
20.00 TERMINATION AND SURRENDER
20.01 If this Licence is terminated, expires and is not replaced
under Section 29 of the Forest Act, or if this Licence is
cancelled,
(a) cutting permits will terminate when the expiration,
termination or cancellation occurs, and
(b) title to all
(i) improvements, including roads and bridges,
constructed on Schedule B Land by the
Licensee under the authority of this
Licence, and
(ii) logs and special forest products which were
harvested from Schedule B Land under the
authority of this Licence and are still
located on Schedule B Land,
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37
will vest in the Crown, without right of
compensation to the Licensee, and
(c) the Licensee may continue to enter, occupy and use
Schedule B Land for a period of one month after the
termination, expiry or cancellation of this Licence
for the purposes of removing the Licensee's property.
20.02 The Licensee will not remove any improvements, logs or special
forest products referred to in subparagraph 20.01(b), unless
authorized to do so by the Regional Manager.
20.03 Subject to paragraph 20.04, if the Licensee commits an act of
bankruptcy, makes a general assignment for the benefit of its
creditors or otherwise acknowledges its insolvency, the Chief
Forester may cancel this Licence in a notice given to the
Licensee.
20.04 The Chief Forester will not cancel this Licence under
paragraph 20.03 unless and until the Chief Forester gives a
written notice to every holder of a registered security
interest that charges this Licence, allowing a period of not
less than 60 days prior to cancellation during which the
holder of the registered security interest may exercise the
rights and pursue the remedies available in respect of the
registered security interest.
21.00 NOTICE
21.01 A notice given under this Licence must be in writing.
21.02 Where a notice is to be given under this Licence, it may be
(a) delivered by hand,
(b) sent by prepaid registered mail, or
(c) subject to paragraph 21.05, sent by facsimile
transmission, to the address or facsimile number, as
applicable, specified on the first page of this
Licence, or to such other address or facsimile number
as is specified in a notice given in accordance with
this Part.
21.03 Where a notice is given under this Licence, it is deemed to
have been given
(a) if it is given in accordance with subparagraph
21.02(a), on the date it is delivered by hand,
(b) if it is given in accordance with subparagraph
21.02(b), subject to paragraph 21.04, on the eighth
day after its deposit in a Canada Post Office at any
place in Canada, and
(c) if it is given in accordance with subparagraph
21.02(c), subject to paragraph 21.05, on the date it
is sent by facsimile transmission.
21.04 Where, between the time a notice is mailed in accordance with
subparagraph 21.02(b) and the time it is actually received,
there occurs a postal strike, lockout or slowdown that might
reasonably affect delivery of the notice, the notice is not
deemed to be given until the party actually receives it.
21.05 Where a notice is sent by facsimile transmission, the party
sending the notice must ensure that the transmission has been
successfully completed.
22.00 MISCELLANEOUS
22.01 This Licence is subject to the laws of British Columbia,
including the Forest Act and all other applicable legislation.
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38
22.02 This Licence will enure to the benefit of, and be binding on,
the parties and their respective heirs, executors, successors
and permitted assigns.
22.03 Where under this Licence the Minister or a ministry officer
has a discretion to require information, the Minister or
ministry officer will exercise this discretion in a reasonable
manner, having regard to the purposes and functions of the
Ministry of Forests set out in Section 4 of the Ministry of
Forests Act as it read on June 1, 1993.
22.04 The Minister will ensure that the obligations under this
Licence of the ministry officers referred to in this Licence
are fulfilled within the limits of this Licence and applicable
legislation.
22.05 The Licensee will use the services of one or more registered
professional foresters to manage the Licence Area in
accordance with the management plan and development plan in
effect under this Licence.
22.06 At the request of the Regional Manager or District Manager,
the Licensee will survey and define on the ground any or all
boundaries of the Licence Area.
22.07 Where
(a) the boundaries of the Licence Area are based on
boundaries established under existing or expired
timber licences,
(b) the legal description of the boundaries of the
Licence Area has been derived from original timber
licence survey plans or from reference maps prepared
from original timber licence survey plans, and
(c) the legal description differs from the actual ground
location of timber licence corner posts,
the boundaries of the Licence Area are the boundaries as
originally established by the actual ground location of the
timber licence corner posts.
22.08 Timber cut under this Licence or a road permit must be
(a) marked according to the Forest Act, and
(b) unless the timber is cut under a cruise based cutting
permit, scaled according to the Forest Act and any
procedures set or approved by the Ministry of
Forests.
22.09 A right or duty of a ministry officer referred to in this
Licence may be exercised or fulfilled by another ministry
officer designated or authorized to do so by the Minister, the
Chief Forester, the Regional Manager, or the District Manager,
as appropriate.
22.10 Nothing in this Licence entitles the Licensee to have an area
of Schedule B Land, or Schedule A Land subject to a timber
licence, replaced with another area, or to have harvesting
rights awarded under another agreement under the Forest Act,
in the event timber is damaged or destroyed by pests, fire,
wind or other natural causes, or an area of land is deleted
from the Licence Area under the Forest Act or any other
statute.
23.00 INTERPRETATION
23.01 In this Licence, unless the context otherwise requires,
(a) "aboriginal activities" means cultural, spiritual,
religious, and sustenance activities associated with
traditional aboriginal life, including aboriginal
rights,
(b) "aboriginal people" includes registered and
non-registered Indians, Inuits and Metis,
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39
(c) "allowable annual cut" means the allowable annual cut
determined for the Licence Area by the Chief Forester
under the Forest Act, as increased or decreased under
the Forest Act,
(d) "close" or "closure" means cessation of production of
the principal forest products normally produced by a
timber processing facility,
(e) "cultural heritage resource" means an object or site
that is of historic, cultural, or archaeological
significance,
(f) "cutting permit" means a cutting permit referred to
in paragraph 5.01, or issued under paragraph 5.03 or
5.09,
(g) "deposit" means the deposit which the Licensee is
required to maintain under paragraph 10.03,
(h) "development plan" means a plan which
(i) details the proposed location and scheduling
of development activities within the Licence
Area, over a period of at least five years,
including the location and scheduling of
harvesting and road construction and
deactivation activities,
(ii) provides information to be considered in
assessing the proposed location and
scheduling of development activities, and
(iii) subject to paragraph 4.15, is replaced every
one or two years, depending on its term,
(i) "Forest Act" means
(i) the Forest Act, R.S.B.C. 1979, c. 140, as
amended, or the successor to this act, or a
part of this act if all or a part of it is
repealed, and
(ii) the regulations enacted under this act or
its successor,
(j) "free use permit" means a free use permit issued
under the Forest Act to the Licensee, or to a person
other than the Licensee,
(k) "guideline" means a guideline, policy, procedure or
manual regarding forest practices applicable to all
or part of the Licence Area, which has been set or
approved by the Ministry ,
(l) "harvest" includes entry onto land for the purpose of
cutting and removing timber, cutting the timber and
removing the timber from the land,
(m) "land and resource management plan" means a plan,
approved by an appropriate official of the Government
of British Columbia, which provides direction for
land use, and establishes resource management
objectives and strategies, for all or part of the
Licence Area,
(n) "Licence Area" means Schedule A Land and Schedule B
Land,
(o) "local resource use plan" means a plan approved by
the District Manager which provides guidelines for
resource use and development in all or part of the
Licence Area,
(p) "logging plan" means one or more detailed maps
setting out how the Licensee proposes to conduct
harvesting and related operations on one or more cut
blocks covered or to be covered by a cutting permit,
(q) "management plan" means a plan for managing,
protecting and conserving both the timber resources
and the non-timber values and resources of the
Licence Area, and integrating harvesting and related
activities with use of the Licence Area for purposes
other than timber production,
(r) "manual" means a guideline, policy, procedure, or
manual set or approved by the Ministry for
preparation of
(i) a Statement of Management Objectives,
Options and Procedures,
(ii) a Timber Supply Analysis Information
Package,
(iii) a timber supply analysis,
(iv) a management plan,
(v) a development plan,
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40
(vi) a cutting permit application,
(vii) an annual report referred to in Part 8.00,
or
(viii) inventories referred to in Part 2.00,
(s) "Ministry" means the Ministry of Forests,
(t) "ministry officer" means an employee of the Ministry,
(u) "operable land base" mean those areas within the
Licence Area, which, based on the highest log prices
obtained over the previous decade for timber of the
type and quality principally found on the areas, are
economically feasible to develop and harvest with the
technology currently available to the Licensee,
(v) "person" includes a corporation and a partnership,
(w) "pest" means any animal, insect, fungus, bacteria,
virus, nematode, or other organism which is
detrimental to effective forest management,
(x) "pre-harvest silviculture prescription" means a
prescription required prior to harvesting under
Section 129.3 of the Forest Act,
(y) "resource agencies" means any governmental agency,
ministry or department having jurisdiction over a
resource which may be affected by any activity or
operation, including but not restricted to harvesting
activities or operations, engaged in or carried out
under or associated with this Licence or a road
permit,
(z) "review strategy" means a plan for obtaining input
from resource agencies and interested persons
regarding management and development of the Licence
Area,
(aa) "road" includes bridges and culverts,
(bb) "Road Deactivation Plan" means a road deactivation
plan referred to in paragraph 11.05,
(cc) "Road Maintenance Plan" means a road maintenance plan
referred to in paragraph 11.04,
(dd) "road permit" means a road permit granted to the
Licensee under the Forest Act which provides access
to timber harvested, or to be harvested, under this
Licence,
(ee) "Schedule A Land" means the land described in the
Schedule "A" to this Licence,
(ff) "Schedule B Land" means the Crown land described in
Schedule "B" to this Licence,
(gg) "special deposit" means a special deposit which the
Licensee is required to maintain under paragraph
10.11,
(hh) "special use permit" means a special use permit
issued under the Forest Act to authorize the Licensee
to use or occupy Crown land within the Licence Area,
(ii) "timber supply analysis" means an analysis of the
short-term and long-term availability of timber for
harvesting in the Licence Area, including an analysis
of the short- and long-term effect of management
practices on the availability of timber,
(jj) "Timber Supply Analysis Information Package" means
information relating to the preparation of a timber
supply analysis, including information regarding the
assumptions to be incorporated into a timber supply
analysis, and the methodology to be used in the
timber supply analysis,
(kk) "Timber Supply Forester" means the ministry officer
designated by the Chief Forester to review the Timber
Supply Analysis Information Package and the timber
supply analysis,
(ll) "20-year plan" means a plan prepared in support of a
timber supply analysis, which indicates the
availability of timber over a period of not less than
20 years.
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23.02 Unless otherwise provided in paragraph 23.01, if a word or
phrase used in this Licence is defined in the Forest Act, the
definition in the Forest Act applies to this Licence, and
where the word or phrase in the Forest Act is replaced by a
new word or phrase, this Licence is deemed to have been
amended accordingly.
23.03 Where a provision of the Forest Act referred to in this
Licence is renumbered, the reference in this Licence is to be
construed as a reference to the provision as renumbered.
23.04 In this Licence, unless the context otherwise requires,
(a) the singular includes the plural and the plural
includes the singular, and
(b) the masculine, the feminine and the neuter are
interchangeable.
23.05 This Licence is divided into parts, paragraphs, subparagraphs,
clauses and subclauses, illustrated as follows
1.00 part,
1.01 paragraph,
(a) subparagraph,
(i) clause,
(A) subclause,
and a reference to a subparagraph, clause or subclause be
construed as a reference to a subparagraph, clause or
subclause of the paragraph, subparagraph or clause, as the
case may be, in which the reference occurs.
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42
IN WITNESS WHEREOF this Licence has been executed by the Minister and
the Licensee.
SIGNED on .................19...)
by the Minister )
on behalf of Her Majesty )
the Queen in Right of )
the Province of )
British Columbia in the )
presence of: )
)
................................) ....................................
) The Honourable Xxxxxx Xxxxxx
(Type in Name)..................) Minister of Forests
THE COMMON SEAL of )
the Licensee was affixed )
on ........................19... )
in the presence of: )
) c/s
................................)
)
(Type in Name)..................)
(or)
SIGNED on .................19...)
by the Licensee, in the )
presence of: )
)
................................) (Licensee)
)
(Type in Name)..................)
43
SCHEDULE "A"
BOUNDARY TREE FARM LICENCE
TREE FARM LICENCE NUMBER 8
Forest lands and merchantable timber in other tenures owned or controlled by the
Licensee in the Boundary Tree Farm Licence Number 8.
NIL
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44
SCHEDULE "B"
BOUNDARY TREE FARM LICENCE
TREE FARM LICENCE NUMBER 8
1. Schedule "B" Land
1.1 For the purposes of the definition of "Schedule 'B' Land" in Paragraph
23.01 of this Licence, "Crown land described in Schedule 'B'" means all
Crown land within the boundaries described in Paragraph 2, except for
Alienated Crown Land.
2. Boundaries
2.1 The boundaries referred to in Paragraph 1 are as follows:
"Metes and bounds legal description"
3. Interpretation
3.1 "Alienated Crown Land" means Crown land which is not available for
inclusion in Schedule "B" Land and, without restricting the generality
of the foregoing, includes Crown land which:
(a) is, as of the effective date of this Licence, within the area
of:
(i) a park or ecological reserve;
(ii) a lease, licence of exclusive occupation, or timber
licence held by a person other than the Licensee, or
(iii) a highway (or road) right of way where the highway
(or road) is or is deemed, declared or determined to
be a public highway under the Highway Act (or a
Forest Service road under the Forest Act); or
(b) becomes vested in the Crown by escheat, reversion, transfer or
otherwise during the term of this Licence, except as provided
in this Licence.
3.2 Paragraph 23.02 of this Licence applies to this Schedule.
3.3 The map(s) accompanying this Schedule are for convenience only, and if
there is any discrepancy between the map(s) and the description of
boundaries in Paragraph 2, the description in Paragraph 2 will be
deemed to be correct.
3.4 In this Schedule and on the accompanying map(s), identification of land
which is within the boundaries described in Paragraph 2, but is not
Schedule "B" Land does not mean all other land which is within these
boundaries, but is not so identified is Schedule "B" Land.
Note: Crown land does not include land owned by an agent of the
Crown, nor land vested in the federal Crown.
45
Active amendments and instruments of (former) Tree Farm Licence Number 8, which
are currently in effect and are not described in Schedule "B", and are not
needed on the document map(s).
BOUNDARY TREE FARM LICENCE
TREE FARM LICENCE NUMBER 8
DOCUMENT DATE PARTICULARS
-------- ---- -----------
Amendment #1 57-09-03 Deletes from Schedule "B", Lots 1283, 927, 928 for mining purposes
Amendment #8 71-06-24 Removes from Schedule "B", roadside rest area 0303447
Amendment #10 71-09-02 Cancels and replaces Amendment No. 9, as per description
Instrument #12 77-04-26 Removes from Schedule "B" Trapping/Kettle Cr FSR Project No. 3929
Instrument #14 79-04-18 Cancels and replaces Instrument No. 13
Instrument #17 86-07-11 Cancels Amendment No. 5, adds to Schedule "B", Stream Gauge
previously removed by Amendment Xx. 0
00
XXXXXXXX "X"
BOUNDARY TREE FARM LICENCE
TREE FARM LICENCE NUMBER 8
All Crown lands not otherwise alienated within the area outlined in bold black
on the accompanying map except Crown land reverted subsequent to 1971, which was
subject to an old temporary tenure (within the meaning of the Forest Act
assented to March 30, 1972) and held by a person other than the licensee.
BLOCK 1
Commencing at the xxxxxxxxx xxxxxx xx Xxx 0000x, Xxxxxxxxxxx Division of Yale
Land District, thence westerly and southerly along the northerly and westerly
boundaries of said Lot 2839s to a point due east of the northeast corner of Lot
2975s; thence west to the northeast corner of said Lot 2975s; thence westerly
along the northerly boundaries of Lots 2975s and 2976s to the southeast corner
of Lot 2977s; thence northerly along the easterly boundary of said Lot 2977s to
the southeast corner of Lot 75s; thence northerly and westerly along the
easterly and northerly boundaries of Lots 75s, 2983 and 471s to the northwest
corner of said Lot 471s; thence southerly along the westerly boundaries of Lots
471s, 2978s and 2979s to the southwest corner of said Lot 2979s; thence easterly
along the southerly boundary of said Lot 2979s to the westerly boundary of Lot
1020; thence southerly along the westerly boundary of said Lot 1020 to the
northeast corner of Lot 470s; thence westerly and southerly along the northerly
and westerly boundaries of Lots 470s and 2638s to the southwest corner of said
Lot 2638s; thence easterly and northerly along the southerly and easterly
boundaries of said Lot 2638s to the southwest corner of said Lot 470s; thence
easterly along the southerly boundary of said Lot 470s to the northwest corner
of Lot 1054; thence southerly and easterly along the westerly and southerly
boundaries of Lots 1054 and 638 to the northwest corner of Lot 640; thence
southerly along the westerly boundary of said Lot 640 to the southwest corner
thereof; thence southerly in a straight line to the northwest corner of Lot 710;
thence southerly along the westerly boundary of said Lot 710 to the southwest
corner thereof; thence westerly in a straight line to the northeast corner of
Lot 620; thence westerly along the northerly boundary of said Lot 620 to the
northwest corner thereof; thence xxx xxxx to a point due south of the southeast
corner of Lot 696; thence north to the southeast corner of said Lot 696; thence
northerly and westerly along the easterly
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47
and northerly boundaries of Lots 696 and 2229s to the northwest corner of said
Lot 2229s; thence southerly and easterly along the westerly and southerly
boundaries of said Lots 2229s and 696 to a point due north of the northeast
corner of Lot 736s; thence south to the northeast corner of said Lot 736s;
thence westerly along the northerly boundary of said Lot 736s to the southeast
corner of Lot 740s; thence northerly and westerly along the easterly and
northerly boundaries of Lots 740s, 3003s and 2511s to the northwest corner of
said Lot 2511s; thence southerly along the westerly boundaries of Lots 2511s and
2510s to the northeast corner of Lot 2509s; thence westerly along the northerly
boundaries of Lots 2509s and 2508s to the northwest corner of said Lot 2508s;
thence southerly along the westerly boundaries of Lots 2508s and 2507s to the
northwest corner of Lot 2506s; thence southerly, easterly and southerly along
the westerly, southerly and westerly boundaries of said Lot 2506s to the
northwest corner of Lot 2505s; thence southerly along the westerly boundary of
said Lot 2505s to the northeast corner of Lot 877; thence westerly along the
northerly boundaries of Lots 877 and 878 to the northwest corner of said Lot
878; thence northerly and westerly along the easterly and northerly boundaries
of Lot 848 to the easterly boundary of Lot 2336; thence northerly along the
easterly boundary of said Lot 2336 to the southerly boundary of Lot 2338; thence
easterly, northerly and westerly along the southerly, easterly and northerly
boundaries of said Lot 2338 to the most easterly southeast corner of Lot 1820s;
thence northerly, westerly and southerly along the easterly, northerly and
westerly boundaries of said Lot 1820s to the northeast corner of Lot 1819s;
thence westerly along the northerly boundaries of Lots 1819s and 1818s to the
southeast corner of Lot 2317s; thence northerly and westerly along the easterly
and northerly boundaries of Lot 2317s to the northeast corner of Lot 2328s;
thence westerly along the northerly boundary of said Lot 2328s to the easterly
boundary of Lot 2312s; thence southerly, westerly, southerly, westerly and
northerly along the easterly, southerly, easterly, southerly and westerly
boundaries of said Lot 2312s to the southerly boundary of Lot 2311s; thence
westerly, northerly and easterly along the southerly, westerly and northerly
boundaries of said Lot 2311s to the southwest corner of Lot 1719s; thence
easterly and northerly along the southerly and easterly boundaries of said Lot
1719s to the southeast corner of Lot 1725s; thence westerly and northerly along
the southerly and westerly boundaries of said Lot 1725s to the southwest corner
of Lot 1724s; thence northerly along the westerly boundary of said Lot 1724s to
the southwest corner of Lot 1723s; thence easterly and northerly along the
southerly and easterly boundaries of Lots 1723s, 306s, and 305s to the southeast
corner of Lot 2331s; thence northerly and westerly along the
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easterly and northerly boundaries of Lots 2331s and 1922s to the northeast
corner of Lot 2087s; thence westerly along the northerly boundary of said Lot
2087s to the southeast corner of Lot 1923s; thence northerly along the easterly
boundaries of Lots 1923s and 2369s to the southerly boundary of Lot 1924s;
thence easterly and northerly along the southerly and easterly boundaries of
said Lot 1924s to a point xxx xxxx of the southwest corner of Lot 2086s; thence
east to the southwest corner of said Lot 2086s; thence easterly and northerly
along the southerly and easterly boundaries of Lots 2086s, 2335s and 2334s to
the northeast corner of said Lot 2334s; thence due east 1.040 kilometres, more
or less, to the westerly boundary of the watershed of Boundary Creek; thence in
a general northerly and easterly direction along the westerly and northerly
boundaries of the watershed of said Boundary Creek to the southerly boundary of
the watershed of an unnamed creek, said unnamed creek flowing northeasterly into
Xxxxx Creek at a point 320 metres west and 710 metres south of the northwest
corner of Lot 3636; thence in a general northeasterly direction along the
southerly boundary of the watershed of said unnamed creek to a point 3.000
kilometres west and 2.770 kilometres south of the northwest corner of said Lot
3636; thence south 563 metres; thence east 1.529 kilometres, more or less, to a
point indicated by a witness post marked 'NORTHERLY BOUNDARY of T.F.L. #8';
thence north 85 degrees east 805 metres, more or less, to a point indicated by a
witness post set in a rock mound and inscribed 'NE T.F.L. #8'; thence south 15
degrees east 1.207 kilometres, more or less, to the easterly boundary of the
watershed of aforesaid Boundary Creek; thence in a general southerly direction
along the easterly boundaries of the watersheds of Boundary Creek and Xxxxxxx
Creek to a point 1.830 kilometres north and 50 metres east of the northwest
corner of Lot 4010s; thence west 290 metres; thence south 260 metres, more or
less, to the easterly boundary of the watershed of aforesaid Xxxxxxx Creek;
thence in a general southwesterly direction along the easterly and southerly
boundaries of the watershed of said Xxxxxxx Creek to a point 700 metres north
and 700 metres west of the most northerly northwest corner of Lot 860; thence
south 45 degrees east 990 metres, more or less, to the most northerly northwest
corner of said Lot 860; thence southerly, westerly and southerly along the
westerly, northerly and westerly boundaries of said Lot 860 to the northerly
boundary of Lot 1875; thence westerly and southerly along the northerly and
westerly boundaries of said Lot 1875 to the northeast corner of aforesaid Lot
2839s, being the point of commencement.
Excluding thereout all that foreshore and land covered by water within the above
described area.
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BLOCK 2
Commencing at the southwest corner of Lot 1253s, Similkameen Division of Yale
Land District; thence westerly along the northerly boundary of Sublot 9 of Lot
3638 to the northwest corner thereof; thence south 72 degrees 30 minutes west
900 metres; thence south 472 metres; thence west 110 metres, more or less, to
the southeasterly boundary of the watershed of Carmi Creek; thence in a general
westerly direction along the southeasterly boundary of the watershed of said
Carmi Creek to a point 700 metres south and 1.980 kilometres west of the
northwest corner of Sublot 9 of aforesaid Lot 3638; thence west 500 metres;
thence south 43 degrees west 2.020 kilometres, more or less, to the easterly
boundary of the watershed of aforesaid Carmi Creek; thence in a general
southerly, westerly and northerly direction along the easterly, southerly and
westerly boundaries of the watershed of said Carmi Creek to the easterly
boundary of the watershed of Xxxxxxx Creek; thence in a general northerly
direction along the easterly boundary of the watershed of said Xxxxxxx Creek to
the westerly boundary of aforesaid Lot 3638; thence northerly along the westerly
boundary of said Lot 3638 to the northwest corner of Lot 2758s; thence north 30
degrees east 3.200 kilometres, more or less, to the easterly boundary of the
watershed of Xxxx Creek; thence in a general northerly direction along the
easterly boundary of the watershed of said Xxxx Creek to the southerly boundary
of the watershed of Xxxxx Creek; thence in a general easterly and northerly
direction along the southerly and easterly boundaries of the watershed of said
Xxxxx Creek to a point xxx xxxx of the southwest corner of Lot 2763s; thence
east 1.100 kilometres, more or less, to the southwest corner of said Lot 2763s;
thence easterly and northerly along the southerly and easterly boundaries of
said Lot 2763s to the northeast corner thereof; thence north 3.600 kilometres,
more or less, to the westerly boundary of the watershed of Ptarmigan Creek;
thence in a general northerly and easterly direction along the westerly and
northerly boundaries of the watershed of said Ptarmigan Creek to the westerly
boundary of the watershed of Trapping Creek; thence in a general northerly and
easterly direction along the westerly and northerly boundaries of the watershed
of said Trapping Creek to a point 580 metres north and 4.580 kilometres west of
the northwest corner of Lot 4109s; thence south 42 degrees east 525 metres;
thence north 89 degrees 30 minutes east 720 metres; thence south 32 degrees 45
minutes east 1.435 kilometres; thence south 10 degrees west 170 metres; thence
south 67 degrees east 250 metres; thence north 53 degrees east 1.010 kilometres;
thence south 31 degrees east 840 metres; thence east 1.350 kilometres; thence
south 46
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degrees east 200 metres; thence north 46 degrees east 161 metres; thence north
46 degrees west 110 metres; thence north 290 metres; thence east 161 metres;
thence north 70 degrees east 1.166 kilometres; thence north 1.200 kilometres;
thence north 31 degrees west 360 metres; thence north 1.368 kilometres, more or
less, to the northerly boundary of the watershed of aforesaid Trapping Creek;
thence in a general easterly and southerly direction along the northerly and
easterly boundaries of the watershed of said Trapping Creek to a point 620
metres south and 1.540 kilometres east of the southeast corner of aforesaid Lot
4109s; thence south 03 degrees east 1.420 kilometres; thence east 360 metres;
thence south 7.950 kilometres; thence west 340 metres, more or less, to the
southerly boundary of the watershed of aforesaid Trapping Creek; thence in a
general westerly and southerly direction along the southerly and easterly
boundaries of the watershed of said Trapping Creek to the westerly boundary of
the watershed of Beaverdell Creek; thence in a general southerly direction along
the westerly boundary of the watershed of said Beaverdell Creek to a point 4.640
kilometres north and 180 metres east of the northwest corner of Lot 1963s;
thence south 40 degrees east 1.006 kilometres; thence south 10 degrees west 450
metres; thence south 45 degrees west 650 metres; thence south 10 degrees west
300 metres; thence south 60 degrees west 382 metres; thence south 37 degrees 30
minutes west 200 metres, more or less, to the northerly boundary of the
watershed of aforesaid Beaverdell Creek; thence in a general northwesterly and
southwesterly direction along the northerly boundary of the watershed of said
Beaverdell Creek to a point 3.700 kilometres east and 300 metres south of the
northeast corner of Lot 2520; thence north 45 degrees west 1.318 kilometres;
thence north 75 degrees west 221 metres; thence south 53 degrees west 885
metres, more or less, to the northerly boundary of the watershed of aforesaid
Beaverdell Creek; thence in a general southwesterly direction along the
northerly boundary of the watershed of said Beaverdell Creek to a point due east
of the southeast corner of aforesaid Lot 2520; thence west to the southeast
corner of said Lot 2520; thence northerly, westerly and southerly along the
easterly, northerly and westerly boundaries of said Lot 2520 to the northerly
boundary of Sublot 1 of aforesaid Lot 3638; thence westerly along the northerly
boundaries of Sublot 1 of said Lot 3638 and Lot 482s to the easterly boundary of
Sublot 2 of said Lot 3638; thence northerly, westerly, southerly, westerly,
southerly, easterly, southerly and easterly along the easterly, northerly,
westerly, northerly, westerly, southerly, westerly and southerly boundaries of
Sublot 2 of said Lot 3638 to the westerly boundary of Lot 3095s; thence
southerly along the westerly boundary of said Lot 3095s to the northeasterly
boundary of Lot 3094s; thence northwesterly and
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southwesterly along the northeasterly and northwesterly boundaries of said Lot
3094s to the easterly boundary of Lot 2424s; thence northerly, westerly,
southerly and easterly along the easterly, northerly, westerly and southerly
boundaries of said Lot 2424s to the southwesterly boundary of Lot 2423s; thence
southeasterly, northeasterly and northwesterly along the southwesterly,
southeasterly and northeasterly boundaries of said Lot 2423s to the
southwesterly boundary of aforesaid Lot 3094s; thence southeasterly and
northeasterly along the southwesterly and southeasterly boundaries of said Lot
3094s to the westerly boundary of Lot 3093s; thence southerly, southeasterly and
easterly along the westerly, southwesterly and southerly boundaries of said Lot
3093s to the southwest corner of Lot 3090s; thence easterly along the southerly
boundary of said Lot 3090s to the southeast corner thereof; thence due east to
the westerly boundary of Lot 3091s; thence southerly, easterly and northerly
along the westerly, southerly and easterly boundaries of said Lot 3091s to the
southerly boundary of Lot 3092s; thence easterly, northerly and westerly along
the southerly, easterly and northerly boundaries of said Lot 3092s to the
southeasterly boundary of Lot 2356; thence northeasterly along the southeasterly
boundary of said Lot 2356 to the westerly boundary of Lot 798s; thence southerly
along the westerly boundaries of Lots 798s and 1565s to the southwest corner of
said Lot 1565s; thence easterly and northerly along the southerly and easterly
boundaries of said Lot 1565s to the southerly boundary of aforesaid Lot 798s;
thence easterly along the southerly boundary of said Lot 798s to the southeast
corner thereof; thence due east to the westerly boundary of aforesaid Lot 1253s;
thence southerly along the westerly boundary of said Lot 1253s to the southwest
corner thereof, being the point of commencement.
Excluding thereout all that foreshore and land covered by water within the above
described area.
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