Protected Areas Forests Compensation Act

Protected Areas Forests Compensation Act 51 2002 May 30, 2002 1922970521/02051/tlc02051_f E3tlc02051 Definitions 1 1 In this Act: annual cut reduction means a reduction in allowable annual cut that, at any time during the period beginning on January 1, 1995 and ending May 31, 2003, the minister, acting or purporting to act under section 63 of the Forest Act , imposed or imposes on holders of forest licences and timber sale licences; protected area means a a park as defined in section 1 of the Park Act , b an area established under the Environment and Land Use Act as a park or protected area, or c an area established or continued as an ecological reserve under the Ecological Reserve Act or by the Protected Areas of British Columbia Act , that is itemized in Column 1 of the Schedule. 2 In this Act, words and expressions not defined in subsection (1) have the same meanings as in the Forest Act . Protected areas deleted from licensed areas 2 1 Crown land in a protected area itemized in Column 1 of the Schedule is conclusively deemed, effective on the date in Column 2 of the same item, to have been deleted from any part of any tree farm licence area, timber licence area, woodlot licence area or timber supply area that, on that date, is within the boundaries of that protected area. 2 Each of the following is deemed amended to reflect the deletion under subsection (1): a a tree farm licence, timber licence or woodlot licence that authorizes the harvesting of timber in a tree farm licence area, timber licence area or woodlot licence area referred to in subsection (1); b the boundaries of a timber supply area referred to in subsection (1). 3 For the purposes of the application of section 60 of the Forest Act and the determination of compensation under that section, the deletions under subsection (1) must be considered to have been for a purpose other than a access to Crown timber, b highway, pipeline or power transmission line rights of way, c water storage, or d timber production. Deletion under section 60 of the Forest Act 3 1 A deletion under section 2 (1) from a tree farm licence area, timber licence area or woodlot licence area is conclusively deemed, for all purposes, to have been and to be a deletion of Crown land validly made under section 60 of the Forest Act as that section read at the time of the deletion, even though notice was not served in accordance with that section. 2 If doubt exists as to whether and to what extent, if any, an allowable cut reduction for a tree farm licence was or is attributable to the deletion of land referred to in subsection (1), the chief forester may issue a written statement resolving the doubt. 3 A written statement under subsection (2) is conclusive for the purposes of subsection (1). Allowable annual cut reductions under section 60 of the Forest Act 4 1 An annual cut reduction, to the extent that it was or is attributable to the establishment of a protected area, is conclusively deemed, for all purposes, to have been and to be a reduction in allowable annual cut validly made under section 60 of the Forest Act as that section read at the time of the reduction, even though notice was not served in accordance with that section. 2 If doubt exists as to whether and to what extent, if any, an annual cut reduction for any forest licence or timber sale licence was or is attributable to the establishment of a protected area in a timber supply area, the minister or a person designated by the minister, after consulting with the chief forester, may issue a written statement resolving the doubt. 3 A written statement under subsection (2) is conclusive for the purposes of subsection (1). Set-off for benefits previously received 5 The amount of compensation payable under section 60 of the Forest Act to the holder of a tree farm licence, timber licence, woodlot licence, forest licence or timber sale licence must be reduced by any financial benefit or other benefit received by that holder from the government before the coming into force of this section arising out of the establishment of a protected area. No application to settled claims of licence holders 6 This Act does not apply in respect of a claim by the holder of a licence against the government for compensation or damages because of a deletion under section 2 (1) or an annual cut reduction if, before the coming into force of this section, the holder has agreed with the government for the settlement of the claim. Limit on compensation 7 0.1 In this section, compensation includes damages. 1 The compensation payable to the holder of a licence because of a a deletion under section 2 (1) affecting the licence, b an annual cut reduction affecting the licence, to the extent that it was or is attributable to the establishment of a protected area, c the establishment of a protected area that included all or part of the area under the licence, or d any of the things specified in paragraphs (a) to (c) in combination with either or both of the others is limited to the amount of compensation determined in relation to that licence under section 60 of the Forest Act as it applies for the purposes of this Act. 2 No action lies, and an action or other proceeding must not be brought or continued against the government for compensation a arising out of this Act, b because of any of the things specified in paragraphs (a) to (c) of subsection (1), or c because of any of the things specified in paragraphs (a) to (c) of subsection (1) in combination with either or both of the others, in an amount that exceeds the amount limited under subsection (1). 3 A deletion under section 2 (1), an annual cut reduction or the establishment of a protected area that included all or part of the area under a licence does not constitute an expropriation within the meaning of the Expropriation Act . Act to be given effect 8 1 This Act must be applied to and must be given effect in every action or other proceeding whether commenced before, on or after the date this Act receives Royal Assent. 2 This Act must not be construed as lacking effect, whether retroactive or otherwise, in relation to any matter because it makes no specific reference to that matter. Clarification of protected areas 9 The Lieutenant Governor in Council may amend the Schedule by regulation by a amending the names of protected areas itemized in Column 1 of the Schedule and the dates itemized in Column 2 of it, and b prescribing additional items for the Schedule that specify additional protected areas and additional dates, in Columns 1 and 2, respectively. Commencement 10 1 Sections 1 to 3, 4 (1) and 7 (3) are deemed to have come into force on January 1, 1995 and are retroactive to the extent necessary to give them effect on and after that date. 2 Regulations that may be made under section 9 may be made retroactive to January 1, 1995 or a later date that the Lieutenant Governor in Council may determine, and a regulation made retroactive is deemed to have come into force on the date specified in the regulation. Schedule Item Column 1 Protected Areas by Type Column 2 Date of Deletion Areas established under the Environment and Land Use  Act as parks or protected areas 1 Anarchist Protected Area April 18, 2001 2 Anstey Hunakwa Protected Area April 18, 2001 3 Arrowstone Park April 30, 1996 4 Bearhole Lake Protected Area January 25, 2001 5 Beaver Creek Protected Area May 17, 2000 6 Bedard Aspen Park April 30, 1996 7 Blue Earth Lake Park April 30, 1996 8 Bonaparte Park April 30, 1996 9 Brent Mountain Protected Area April 18, 2001 10 Buse Lake Protected Area January 25, 2001 11 Carp Lake Protected Area March 30, 2000 12 Cathedral Protected Area April 18, 2001 13 Chukachida Protected Area January 25, 2001 14 Churn Creek Protected Area February 14, 1996 15 Churn Creek Protected Area February 10, 1998 16 Close-to-the-Edge Protected Area January 25, 2001 17 Cornwall Hills Park April 30, 1996 18 Craig Headwaters Protected Area January 25, 2001 19 Cummins River Protected Area July 27, 2000 20 Damdochax Protected Area April 18, 2001 21 Denetiah Corridor Protected Area July 6, 2000 22 Duck Lake Protected Area January 25, 2001 23 Duneza Keyih Protected Area April 18, 2001 24 Dunn Peak Park April 30, 1996 25 Ekwan Lake Protected Area January 25, 2001 26 Elephant Hill Park April 30, 1996 27 Emar Lakes Park April 30, 1996 28 Enderby Cliffs Protected Area April 18, 2001 29 Entiako Protected Area January 25, 2001 30 Finlay-Russel Protected Area April 18, 2001 31 Fintry Protected Area April 18, 2001 32 Foster Arm Protected Area January 25, 2001 33 Francois Lake Protected Area July 6, 2000 34 Giscome Portage Trail Protected Area April 18, 2001 35 Goguka Creek Protected Area January 25, 2001 36 Graystokes Protected Area April 18, 2001 37 Greenbush Lake Protected Area April 18, 2001 38 Harry Lake Aspen Park April 30, 1996 39 Hay River Protected Area January 25, 2001 40 High Lakes Basin Park April 30, 1996 41 Holliday Creek Arch Protected Area January 25, 2001 42 Homathko River-Taklayoko Protected Area February 14, 1996 43 Huchsduwachsdu Nuyem Jees/Kitlope Heritage Conservancy Park February 20, 1996 44 Jackpine Remnant Protected Area January 25, 2001 45 Kalamalka Lake Protected Area April 18, 2001 46 Kingfisher Creek Protected Area April 18, 2001 47 Kiskatinaw River Protected Area January 25, 2001 48 Klin-Se-Za Protected Area January 25, 2001 49 Klua Lakes Protected Area January 25, 2001 50 Lac du Bois Grasslands Park April 30, 1996 51 Liard River Corridor Protected Area January 25, 2001 52 Lower Raush Protected Area January 25, 2001 53 Maxhamish Lake Protected Area January 25, 2001 54 Monashee Protected Area April 18, 2001 55 Mount Griffin Protected Area April 18, 2001 56 Mount Savona Park April 30, 1996 57 Myra-Bellevue Protected Area April 18, 2001 58 Nahatlatch Protected Area January 25, 2001 59 Nechako Canyon Protected Area July 6, 2000 60 North Thompson Oxbows Jensen Island Park April 30, 1996 61 Northern Rocky Mountains Protected Area January 25, 2001 62 Omineca Protected Area April 18, 2001 63 Oregon Jack Park April 30, 1996 64 Paul Lake Park April 30, 1996 65 Pennask Creek Protected Area April 18, 2001 66 Pitman River Protected Area January 25, 2001 67 Portage Brule Rapids Protected Area January 25, 2001 68 Ptarmigan Protected Area January 25, 2001 69 Pukeashun Protected Area April 18, 2001 70 Purcell Wilderness Conservancy Park February 14, 1996 71 Pyramid Creek Falls Park April 30, 1996 72 Roche Lake Park April 30, 1996 73 Seven Sisters Protected Area January 25, 2001 74 Sikanni Chief Canyon Protected Area January 25, 2001 75 Sikanni Chief Falls Protected Area January 25, 2001 76 Six Mile Hill Protected Area October 31, 2001 77 Smith River-Fort Halkett Protected Area January 25, 2001 78 Snowy Protected Area April 18, 2001 79 South Okanagan Grasslands Protected Area April 18, 2001 80 Spruce Lake Protected Area April 18, 2001 81 Sugarbowl-Grizzly Den Protected Area January 25, 2001 82 Sustut Protected Area April 18, 2001 83 Sutherland River Protected Area July 6, 2000 84 Taweel Park April 30, 1996 85 Thinahtea North Protected Area January 25, 2001 86 Thinahtea South Protected Area January 25, 2001 87 Trepanier Protected Area April 18, 2001 88 Tsintsunko Lakes Park April 30, 1996 89 Tunkwa Park April 30, 1996 90 Tweedsmuir Corridor Protected Area January 25, 2001 91 Upper Raush Protected Area January 25, 2001 92 Vaseux Protected Area April 18, 2001 93 West Twin Protected Area January 25, 2001 94 White Lake Grasslands Protected Area April 18, 2001 Areas established or continued as ecological reserves under the Ecological Reserve Act or by the Protected Areas of British Columbia Act 95 Ballingall Islets Ecological Reserve June 29, 2000 96 Bowser Ecological Reserve April 30, 1996 97 Burnt Cabin Bog Ecological Reserve June 29, 2000 98 Catherine Creek Ecological Reserve June 29, 2000 99 Comox Lake Bluffs Ecological Reserve April 30, 1996 100 Grayling River Hot Springs Ecological Reserve June 29, 2000 101 Hudson Rocks Ecological Reserve April 30, 1996 102 Klanawa River Ecological Reserve April 30, 1996 103 Kotcho Lake Ecological Reserve June 29, 2000 104 Ladysmith Bog Ecological Reserve April 30, 1996 105 Liumchen Ecological Reserve December 9, 1998 106 Mahoney Lake Ecological Reserve April 30, 1996 107 Misty Lake Ecological Reserve April 30, 1996 108 Ospika Cones Ecological Reserve April 11, 2001 109 Portage Brule Rapids Ecological Reserve June 29, 2000 110 Race Rocks Ecological Reserve February 12, 2001 111 Rolla Canyon Ecological Reserve June 29, 2000 112 San Juan River Estuary Ecological Reserve April 30, 1996 113 Woodley Range Ecological Reserve April 30, 1996 114 Yale Garry Oak Ecological Reserve December 9, 1998 Parks as defined in the Park Act 115 Adams Lake Marine Park April 30, 1996 116 Adams Lake Park – Bush Creek Site April 30, 1996 117 Anderson Bay Park June 29, 2000 118 Anhluut'ukwsim Laxmihl Angwinga' asanskwhl Nisg̱a'a [a.k.a. Nisg̱a'a Memorial Lava Bed Park] July 13, 1995 119 Arctic Pacific Lakes Park June 29, 2000 120 Arrowstone Park June 29, 2000 121 Artlish Caves Park April 30, 1996 122 Babine Lake Marine Park April 11, 2001 123 Babine Mountain Trail Park January 25, 2001 124 Babine Mountains Park June 29, 1999 125 Babine River Corridor Park June 29, 1999 126 Babine River Corridor Park April 11, 2001 127 Banana Island Park April 30, 1996 128 Bear Glacier Park May 11, 2000 129 Bearhole Lake Park January 25, 2001 130 Beatton Park June 29, 2000 131 Beaver Creek Park May 17, 2000 132 Big Bunsby Marine Park April 30, 1996 133 Big Creek Park July 13, 1995 134 Big Creek Park January 25, 2001 135 Birkenhead Lake Park July 23, 1997 136 Bishop River Park July 23, 1997 137 Bligh Island Marine Park July 13, 1995 138 Blue River Black Spruce Park April 30, 1996 139 Blue River Pine Park April 30, 1996 140 Bobtail Mountain Park June 29, 2000 141 Bocock Peak Park June 29, 2000 142 Bodega Ridge Park April 11, 2001 143 Border Lake Park January 25, 2001 144 Boulder Creek Park June 29, 1999 145 Bowron Lake Park June 29, 2000 146 Brackendale Eagles Park June 29, 1999 147 Brooks Peninsula Park [a.k.a. Mu q qi w n Park] July 13, 1995 148 Bugaboo Park July 13, 1995 149 Bulkley Junction Park July 23, 1997 150 Burns Lake Park January 25, 2001 151 Butler Ridge Park June 29, 2000 152 Caligata Lake Park April 30, 1996 153 Call Lake Park June 29, 1999 154 Callaghan Lake Park July 23, 1997 155 Cape Scott Park July 13, 1995 156 Cariboo Mountains Park July 13, 1995 157 Cariboo River Park July 13, 1995 158 Carmanah Walbran Park July 13, 1995 159 Carp Lake Park June 29, 1999 160 Castle Rock Hoodoos Park July 23, 1997 161 Catala Island Marine Park July 13, 1995 162 Chase Park April 11, 2001 163 Chasm Park July 13, 1995 164 Chemainus River Park April 30, 1996 165 Chilliwack Lake Park July 23, 1997 166 Choquette Hot Springs Park January 25, 2001 167 Chu Chua Cottonwood Park April 30, 1996 168 Cinnemousan Narrows Park April 18, 2001 169 Claud Elliott Park July 13, 1995 170 Clayoquot Arm Park July 13, 1995 171 Clayoquot Plateau Park July 13, 1995 172 Clendenning Park December 9, 1998 173 Close-to-the-Edge Park June 29, 2000 174 Cowichan River Park July 13, 1995 175 Crooked River Park June 29, 2000 176 Cummins Lakes Park July 13, 1995 177 Cummins Lakes Park September 16, 1998 178 Dahl Lake Park June 29, 2000 179 Dall River Old Growth Park June 29, 1999 180 Dawley Passage Park July 13, 1995 181 Denetiah Park June 29, 1999 182 Desolation Sound Marine Park July 23, 1997 183 Dixie Cove Marine Park April 30, 1996 184 Dune Za Keyih Park [a.k.a. Frog-Gataga Park] April 11, 2001 185 Eakin Creek Canyon Park April 30, 1996 186 Eakin Creek Floodplain Park April 30, 1996 187 Ed Bird – Estella Lakes Park April 11, 2001 188 Edge Hills Park July 13, 1995 189 Elk Lake Park July 13, 1995 190 Entiako Park June 29, 1999 191 Entiako Park January 25, 2001 192 Epper Passage Park July 13, 1995 193 Epsom Park July 23, 1997 194 Erg Mountain Park June 29, 2000 195 Eskers Park June 29, 2000 196 Evanoff Park June 29, 2000 197 Finger-Tatuk Park June 29, 1999 198 Finlay-Russel Park April 11, 2001 199 Finn Creek Park April 30, 1996 200 Fintry Park April 30, 1996 201 Flat Lake Park July 13, 1995 202 Flores Island Park July 13, 1995 203 Fort George Canyon Park June 29, 2000 204 Francois Lake Park June 29, 1999 205 Fraser River Park June 29, 2000 206 Gilnockie Park July 13, 1995 207 Gladstone Park July 13, 1995 208 Goat Range Park July 13, 1995 209 God's Pocket Marine Park July 13, 1995 210 Golden Ears Park July 23, 1997 211 Gold Muchalat Park April 30, 1996 212 Goldstream Park July 13, 1995 213 Gowlland Tod Park April 30, 1996 214 Gowlland Tod Park July 13, 1995 215 Gowlland Tod Park July 23, 1997 216 Graham-Laurier Park June 29, 1999 217 Granby Park July 13, 1995 218 Great Glacier Park January 25, 2001 219 Greenstone Mountain Park July 23, 1997 220 Gwillim Lake Park June 29, 2000 221 Harbour-Dudgeon Lakes Park April 30, 1996 222 Heather-Dina Lakes Park April 11, 2001 223 Helliwell Park July 23, 1997 224 Hesquiat Lake Park July 13, 1995 225 Hesquiat Peninsula Park July 13, 1995 226 Hitchie Creek Park July 13, 1995 227 Hole-In-The-Wall Park June 29, 2000 228 Homathko Estuary Park July 23, 1997 229 Horne Lake Caves Park July 13, 1995 230 Horneline Creek Park June 29, 1999 231 Indian Arm Park July 13, 1995 232 Inland Lake Park June 29, 2000 233 Iskut River Hot Springs Park January 25, 2001 234 Itcha Ilgachuz Park July 13, 1995 235 Jackman Flats Park June 29, 2000 236 Jedediah Island Marine Park July 13, 1995 237 Juan de Fuca Park January 29, 1998 238 Juan de Fuca Park April 4, 1996 239 Junction Sheep Range Park July 13, 1995 240 Kakwa Park June 29, 1999 241 Kennedy Lake Park July 13, 1995 242 Kennedy River Bog Park July 13, 1995 243 Kianuko Park July 13, 1995 244 Kitwanga Mountain Park July 23, 1997 245 Kluskoil Lake Park July 13, 1995 246 Kokanee Glacier Park July 13, 1995 247 Kotcho Lake Village Site Park June 29, 1999 248 Lawn Point Park April 30, 1996 249 Lac Le Jeune Park July 23, 1997 250 Lava Forks Park January 25, 2001 251 Liard River Corridor Park June 29, 1999 252 Liard River West Corridor Park January 25, 2001 253 Little Andrews Bay Marine Park June 29, 1999 254 Lockhart Creek Park July 13, 1995 255 Lower Nimpkish Park July 13, 1995 256 Main Lakes Park July 23, 1997 257 Main Lakes Park April 30, 1996 258 Malaspina Park April 11, 2001 259 Maquinna Park July 13, 1995 260 Marble Canyon Park April 18, 2001 261 Marble Range Park July 13, 1995 262 Marble River Park July 13, 1995 263 Mehatl Creek Park July 23, 1997 264 Milligan Hills Park June 29, 1999 265 Momich Lakes Park April 30, 1996 266 Monkman Park June 29, 2000 267 Monte Creek Park April 30, 1996 268 Moose Valley Park July 13, 1995 269 Mount Blanchet Park January 25, 2001 270 Mount Edziza Park April 11, 2001 271 Mount Elphinstone Park June 29, 2000 272 Mount Pope Park January 25, 2001 273 Mount Richardson Park June 29, 1999 274 Mount Robson Park June 29, 2000 275 Mud Lake Delta Park April 30, 1996 276 Mudzenchoot Park January 25, 2001 277 Muscovite Lakes Park April 11, 2001 278 Musket Island Marine Park June 29, 2000 279 Nahatlatch Park June 29, 1999 280 Nazko Lake Park July 13, 1995 281 Netalzul Meadows Park June 29, 1999 282 Nilkitkwa Lake Park June 29, 1999 283 Nimpkish Lake Park July 13, 1995 284 Ningunsaw Park April 11, 2001 285 Nitinat River Park April 30, 1996 286 North Thompson Islands Park April 30, 1996 287 North Thompson Oxbows East Park April 30, 1996 288 North Thompson Oxbows Manteau Park April 30, 1996 289 Northern Rocky Mountains Park June 29, 1999 290 Nuchatlitz Park April 30, 1996 291 Nunsti Park July 13, 1995 292 Octopus Islands Park April 30, 1996 293 Omineca Park April 11, 2001 294 Painted Bluffs Park April 30, 1996 295 Peace River Corridor Park June 29, 2000 296 Pine Le Moray Park June 29, 2000 297 Pine Le Moray Park April 11, 2001 298 Pine River Breaks Park June 29, 2000 299 Pinecone Burke Park July 13, 1995 300 Pink Mountain Park June 29, 1999 301 Porcupine Meadows Park April 30, 1996 302 Pritchard Park July 23, 1997 303 Prophet River Hot Springs Park June 29, 1999 304 Ptarmigan Creek Park June 29, 2000 305 Purcell Wilderness Conservancy Park July 13, 1995 306 Purden Lake Park June 29, 2000 307 Quatsino Park July 13, 1995 308 Rainbow Alley Park June 29, 1999 309 Read Island Park April 30, 1996 310 Redfern-Keily Park June 29, 1999 311 Rendezvous Island South Park July 23, 1997 312 Robson Bight (Michael Bigg) Park July 13, 1995 313 Rock Bay Marine Park July 13, 1995 314 Rubyrock Lake Park January 25, 2001 315 Sabine Channel Marine Park April 11, 2001 316 Santa-Boca Park April 30, 1996 317 Sargaent Bay Park July 23, 1997 318 Scatter River Old Growth Park June 29, 1999 319 Schoen Lake Park July 13, 1995 320 Schoolhouse Lake Park July 13, 1995 321 Seven Sisters Park June 29, 2000 322 Shuswap Lake Marine Park June 29, 2000 323 Sikanni Old Growth Park June 29, 1999 324 Slim Creek Park June 29, 2000 325 Small Inlet Park April 30, 1996 326 Small River Caves Park June 29, 2000 327 South Texada Island Park July 23, 1997 328 Spatsizi Headwaters Park January 25, 2001 329 Spatsizi Plateau Wilderness Park April 11, 2001 330 Spipiyus Park June 29, 1999 331 Stamp River Park April 30, 1996 332 Stawamus Chief Park July 23, 1997 333 Stikine River Park April 11, 2001 334 Strathcona Park July 13, 1995 335 Stuart Lake Marine Park April 11, 2001 336 Stuart River Park June 29, 1999 337 Stuart River Park June 29, 2000 338 Sugarbowl-Grizzly Den Park June 29, 2000 339 Sulphur Passage Park July 13, 1995 340 Surge Narrows Park April 30, 1996 341 Sustut Park January 25, 2001 342 Sutherland River Park April 11, 2001 343 Swan Lake Upper Kispiox Park June 29, 1999 344 Sydney Inlet Park July 13, 1995 345 Syringa Park July 13, 1995 346 Tahsish Kwois Park July 13, 1995 347 Takla Lake Marine Park January 25, 2001 348 Tantalus Park December 9, 1998 349 Ten Mile Lake Park June 29, 1999 350 Tetrahedron Park July 13, 1995 351 Three Sisters Lakes Park June 29, 2000 352 Toad River Hot Springs Park June 29, 1999 353 Todagin South Slope Park April 11, 2001 354 Tranquil Creek Park July 13, 1995 355 Trembleur Lake Park January 25, 2001 356 Tuya Mountains Park January 25, 2001 357 Uncha Mountain Red Hills Park January 25, 2001 358 Upper Adams River Park April 30, 1996 359 Upper Lilloett Park July 23, 1997 360 Upper Seymour River Park April 18, 2001 361 Upper Seymour River Park January 1, 2002 362 Valhalla Park June 29, 1999 363 Vargas Island Park July 13, 1995 364 Walhachin Oxbows Park July 23, 1997 365 Wapiti Lake Park June 29, 2000 366 West Arm Park July 13, 1995 367 West Arm Park December 31, 1995 368 West Twin Park June 29, 2000 369 Weymer Creek Karst Park April 30, 1996 370 Whiskers Point Park June 29, 2000 371 White Pelican Park July 13, 1995 372 White Ridge Park July 13, 1995 373 White River Park April 30, 1996 374 Windermere Lake Park June 29, 1999 375 Wire Cache Park April 30, 1996 376 Woss Lake Park July 13, 1995