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Bonus bid equalization payment for attributed timber volumes. 75.2. Limit on total cut for licences with a term of 5 years or less. 75.21. Limit on total cut for forestry licence to cut. 75.22. Cut control period for short term licences that are extended. 75.3. Reconciliation of cut control for short term licences.
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Provincial forests. 5 (1) The Lieutenant Governor in Council...
- Forest Tenures
Forest tenures are the agreement between a company, a...
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1.2(1) The chief forester, in writing, may. (a) delegate a power or duty of the chief forester under this Act to. (i) a person employed in a ministry, or. (ii) a class of persons employed in a ministry, (b) provide directions that are binding on the delegate respecting the exercise of the power or the performance of the duty, and.
58.1(1) The holder of a timber sale licence may apply in writing to the timber sales manager for an extension of the term of the licence for a period that. (a)does not exceed one year, and. (b)does not result in a term of more than 4 years for the licence. (2) [Repealed 2023-43-47.]
- Disclaimer
- Warranty
- Limitation of Liabilities
- All rights reserved
- Permission or Questions regarding copyright
- Document Change Control
- What is the Regulation for?
- Amended in 2021
- Contracts and Subcontracts
- Replaceable and Non-Replaceable Contracts
- Types of Contracts
- Required and Standard Provisions
- Amount of Work
- 1) Work Specifications and 2) Rate Proposals
- Work Specifications
- 6 Disputes
- Mediation and Arbitration
- Rate Disputes
- Peers Appointed
- Attempt at Resolution
- Commencement
- Arbitrator Defines the Process
- Provisional rates
- Rate test considerations
- Details on the items an arbitrator may consider are listed in section 26.02(1) of the THCSR and include the following:
- Allowable Annual Cut Reduction Proposal Disputes
- 7 Flexibility to Address Change – “Change Circumstance”
- 8 Contractor Clause Compliance
- licence be harvested by contractors.
- The Assignability of Contracts
- Refusal of Work
- Delegation
- Appendix A – Standard Mediation and Arbitration Rules
This document contains material to assist with the administration of matters under the Forest Act. This document contains a summary of the legal requirements.
While every effort has been made to ensure the accuracy of the information in this document, no warranties of any kind are made as to the precision or currency of the contents. Readers are advised to refer to the wording of the legislation and regulations themselves and obtain legal advice from their own sources. This information is provided as a...
Under no circumstances will the Government of British Columbia be liable to any person or business entity for any direct, indirect, special, incidental, consequential, or other damages based on any use of this information or any other document or material to which this document is linked, including, without limitation, any lost profits, business in...
This material is owned by the Province of British Columbia and protected by copyright law. It may not be reproduced or redistributed without prior written permission from the Province of British Columbia.
Guidance on intellectual property disposal from the Province of British Columbia’s Intellectual Property. Program: http://www2.gov.bc.ca/gov/content/governments/services-for-government/policies-procedures/intellectual-property/intellectual-property-program
Questions or comments should be directed to Forest Tenures Branch, Ministry of Forests at
The Forest Act and THCSR regulate the contractual relationships between those licence holders and contractors and subcontractors that fall within the definition of "contractor" and "subcontractor" as defined in the THSCR. The Forest Act requires that some forest tenure holders in British Columbia complete a certain amount of timber harvesting activ...
holders and their contractors and between those contractors and their subcontractors.
The THCSR can apply to both contracts and subcontracts as defined in the THCSR.
Contracts to carry out one or more phases of a timber harvesting operations can either be replaceable or non-replaceable. Section 157.1 of the Forest Act details how replaceable contracts can become non-replaceable contracts. In certain circumstances, the licence holder must hire each contractor under a “replaceable contract” as defined in the Fore...
As stated previously, for the THCSR to apply the forestry services being provided under contract or subcontract must be for a “phase” of timber harvesting operations. “Phase” when used in relation to a timber harvesting operation, means felling, bucking, yarding, skidding, processing, decking, loading, hauling, unloading, non-mill or non-custom dry...
The THCSR requires that replaceable contracts include: The length of the term of the contract; Replacement of the contract upon its expiry; The amount of work that the contractor is entitled to have specified in the replaceable contract; Adjustments that may be made by a license holder to the amount of work actually provided to a contractor i...
Standard provisions under the THCSR address the amount of work that the contractor is to perform, reductions of the amount of work and how the amount of work is to be expressed. Contractors and licence holders should be fully aware and understand the flexibility the THSCR provides regarding the Amount of Work that is allocated
The contractor and licence holder must share information on the work to be done and enter into good faith negotiations to establish contract rates that provide for the success of both parties.
Section 19.1 of the THCSR requires that before the licence holder begins rate negotiations they provide the contractor with the work specifications. This includes: The replaceable contract to which the information pertains; The services the licence holder requires the contractor to perform under the replaceable contract; The estimated quantity ...
The THCSR establishes dispute resolution rules and mediation and arbitration proceeding steps that apply to most disputes between licence holders and contractors and subcontractors. In addition, the THCSR establishes some unique procedures and provisions that only apply to the certain types of disputes (see the main disputes below). The THCSR requi...
Section 5 requires that every contract or subcontract provide that all disputes that have arisen or may arise between the parties to the contract or subcontract under or in connection with the contract or subcontract will be referred to mediation and, if not resolved by the parties through mediation, will be referred to arbitration. The THCSR is a ...
Mediation is the first step in resolving a rate dispute. It is an opportunity for the parties to share information and listen to experts under the direction of a mediator in an attempt to mutually agree to an acceptable contract rate. Mediation is intended to be a quick process that can quickly lead to a resolution of disputes. The general process ...
Usually industry experts who can provide information relevant to the Rate Test One peer appointed for each party if requested by the mediator or agreed to by the parties. If a party fails or refuses to appoint a peer, then after 7 days the mediator can decide to proceed without peers or the mediator can appoint one.
The parties negotiate under the direction of the mediator in an attempt to agree on an acceptable rate for the work to be performed. If a rate dispute is not resolved within 14 days of a mediator being agreed upon by the parties or appointed, a party may commence arbitration proceedings by delivering a notice of arbitration to the other party and t...
One of the parties delivers a Notice of Arbitration
The arbitrator sets rules considered to be the most appropriate for conducting the arbitration in a cost effective manner within the time frames allowed. This can include whether the hearing will be oral or in writing, how evidence is admitted, whether expert advice will be allowed, and whether the parties may cross examine witnesses.
When a rate dispute arises under a replaceable contract: The parties must continue to observe their respective rights and obligations under the contract. The contractor must be paid a provisional rate equal to the rate in effect for prior timber harvesting services provided by the contractor immediately before the rate dispute. A party may apply to...
The THSCR requires the arbitrator to consider actual costs and use comparisons of rates for similar work done by the contractor and other contractors taking into account material differences in the work. Key questions that must be considered by parties to a dispute include: What are the standard industry rates for comparable work? What similarities...
The fixed and variable costs of the contractor, including (i) equipment costs, (ii) labour costs, (iii) costs of extras, and(iv) administrative and overhead costs. These costs are defined in detail in section 24.01 of the THSCR. Any rates agreed upon by the licence holder and the contractor for prior timber harvesting services. The costs incurred...
A replaceable contract must provide that if the AAC of a replaceable licence is reduced, or if a licence to which a fibre basket agreement applies is cancelled, expires or is surrendered, the licence holder may make an AAC reduction proposal. This is outlined in Division 5 of the THCSR and applies to any or all of the replaceable contracts entered ...
The THCSR details a standard mediation and arbitration process with specific rules. In some cases the THSCR specifies processes and rules that are different than the standard process, such as for rate disputes. Details follow.
The THCSR details a standard mediation and arbitration process with specific rules. In some cases the THSCR specifies processes and rules that are different than the standard process, such as for rate disputes. Details follow.
The THCSR details a standard mediation and arbitration process with specific rules. In some cases the THSCR specifies processes and rules that are different than the standard process, such as for rate disputes. Details follow.
The THCSR details a standard mediation and arbitration process with specific rules. In some cases the THSCR specifies processes and rules that are different than the standard process, such as for rate disputes. Details follow.
The THCSR details a standard mediation and arbitration process with specific rules. In some cases the THSCR specifies processes and rules that are different than the standard process, such as for rate disputes. Details follow.
The THCSR details a standard mediation and arbitration process with specific rules. In some cases the THSCR specifies processes and rules that are different than the standard process, such as for rate disputes. Details follow.
The THCSR details a standard mediation and arbitration process with specific rules. In some cases the THSCR specifies processes and rules that are different than the standard process, such as for rate disputes. Details follow.
(ii) whom the minister or a person authorized by the minister considers to be qualified to perform the obligations specified under section 13.1 (2) (c), (b) conforms to section 13.1 (2), and (c) is not refused under section 81 (2); "first nations woodland licence area" means the area of land subject to a first nations woodland licence;
Forest Act Update: The Forest Act received assent in October 2023. You can find the legislation here. While the Forest Act is enacted into law and a certified bill of the Legislative Assembly, regulations are required to bring the Act into force. Like the Forest Act, the regulations will be developed through the Intergovernmental Council ...
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Mar 9, 2022 · The three-act screenplay structure is a storytelling model that goes back to Aristotle's dramatic theory as outlined in Poetics. It is loosely defined as a narrative with a beginning, middle, and end. We can also think of the three-act structure as the Setup, the Confrontation, and the Resolution. This article will explore the key ingredients ...
