Forest Use and Management Regulation

Forest Use and Management Regulation, M.R. 227/88 R The Forest Act , C.C.S.M. c. F150 Regulation 227/88 R Registered June 16, 1988 bilingual version (HTML) Table of Contents Section 1 Definitions 2-4 Repealed 5 General conditions governing timber cutting 6 Repealed 7 Sawlog requirements 8 Penalty for improper harvesting 9 Timber clearing re roads, skidways, etc. 10 Disposal of brush and logging debris 11-12 Repealed 13 One year to remove cut timber 14-15 Repealed 16-22 Forest management licences 23-24 Repealed 25 Timber sale agreements 26 Notice of timber sale agreement competition 27 Notice at discretion of director 28 Timber sale bid process 29 Timber sale agreement tender requirements 30 Guarantee deposit 31 Bond required 32 Award without advertisement 32.1 Terms and conditions 33 Timber permits 34 Application for timber permits 35-37 Repealed 38 Declaration 39-42 Refund process for commercial timber cutting permit 43 Commercial timber permit 43.1 Personal use timber permit 43.2 Personal use timber permit for employees 43.3 No permit or timber sale agreement for person in default 44 Scaling 44.1 Scaling plans 45-46 Repealed 47 Record inspection 48 Load slips 49 Monthly timber returns 49.1 Designated reporting facility 49.2 Monthly timber reports 50 Dues and charges payable by holder 50.1 Dues and charges from designated reporting facility 50.2 Interest due to errors in reports or returns 51 Repealed 52 Late payment penalty 53-55 Repealed 56 Wood processing facility licence 57 Timber dealer licence 58 Repealed 59 Scaler's licence 59.1 Interim scaler's licence 60 Fees 61 Interest 62 Crown charges 63 Seizure of timber 64-66 Provincial forests 67 Grazing of cattle 68-69 Cutting and disposal of hay 70-79 General 80 Waiver of fees, dues and charges Schedule A Repealed B Repealed C Repealed D Waste of merchantable timber and grazing and hay cutting dues and penalties E Fees and other charges F Repealed G Timber dues payable on the total annual volume based on the minimum standard dues rate amount of guarantee H Timber dues I Forest renewal charge and annual fire protection charge for Crown timber per cubic metre Definitions 1 In this regulation, "Act" means The Forest Act ; («  Loi  ») "cattle" means bulls, oxen, steers, cows, heifers, or horses, or any one or more of those animals; (« bétail ») "commercial timber cutting right" means any timber cutting right issued for commercial purposes; (« droit de coupe de bois commercial ») "commercial timber permit" means a timber permit issued under section 43; (« permis de coupe de bois commercial ») "cubic metre" and "m 3 " means a unit of volume equal to a cube of solid wood one metre long on each side; (« mètre cube » ou « m 3  ») "designated reporting facility" means (a) a mill or other wood processing facility, or (b) a facility operated by a timber dealer, that is designated by the minister under section 49.1; (« installation désignée tenue de produire un rapport ») "dues" means royalties payable in respect of Crown timber; (« droits ») "GST" means the tax payable under Part IX of the Excise Tax Act (Canada); (« TPS ») "operator" means any person holding timber cutting rights; (« exploitant ») "personal use timber permit" means a timber permit issued under subsection 43.1(1); (« permis de coupe de bois pour usage personnel ») "stump height" means the vertical distance between the horizontal plane through the top of the stump and the horizontal plane through the highest point of ground at the base; (« hauteur de souche ») "timber dealer" means a person purchasing timber produced in Manitoba for resale, manufacture, commercial construction, or other commercial use; (« marchand de bois ») "timber operation" means every kind of activity involving the cutting, removal, or primary manufacture of timber. (« exploitation forestière ») M.R. 18/2011 ; 16/2020 2 to 4 [Repealed] M.R. 18/2011 General conditions governing timber cutting 5 The cutting of timber on Crown lands is subject to the following conditions: (a) except as authorized by a forest management licence, timber sale agreement or timber permit under the Act, only such timber designated by an officer for cutting and removal shall be cut or cut and removed; and (b) in every timber operation, the licensee, permittee, or operator authorized to cut timber shall (i) cut timber in a manner acceptable to an officer, (ii) remove the timber cut within such time, and to such place, as is acceptable to an officer, (iii) avoid waste in the cutting and manufacture of timber, (iv) avoid unnecessarily disturbing the surface of the land, (v) avoid unnecessarily disturbing or damaging trees reserved from cutting under the licence, timber sale agreement, or permit, (vi) cut all trees at a stump height not to exceed 30 centimetres, (vi.1) ensure that any tree top removed does not have a diameter greater than 10 cm class for softwood or 12 cm class for hardwood, (vii) cut and remove such merchantable firekilled or dead timber as may be designated for cutting and removing by an officer, (viii) cut and remove the timber to which reference is made in subclause (vii) before green timber is cut if, in the opinion of the officer, the firekilled or dead timber can be harvested without financial loss, and (ix) obtain approval from an officer concerning the location of storage yards, access roads, milling yards, gravel pits, sand pits and other plans and activities. M.R. 18/2011 6 [Repealed] M.R. 18/2011 7 In the case of sawlogs, the allowance for trim shall not exceed 10 centimetres. M.R. 18/2011 Penalty for improper harvesting 8(1) All merchantable portions shall be taken from the trees cut, leaving no waste timber, and every person authorized to cut timber who wastes any merchantable timber shall, in respect of such waste, pay to the minister forthwith upon demand the following charges: (a) for leaving stumps of trees exceeding the maximum stump height specified, or for leaving tree tops exceeding the minimum diameter specified, the amounts set out in Schedule D for each stump or tree top; (b) for waste of material due to the allowance for trim on sawlogs in excess of the allowance provided in section 7, the amounts set out in Schedule D for each log; (c) for leaving avoidable waste in the form of merchantable softwood with a minimum diameter class of 10 cm or merchantable hardwood with a minimum diameter class of 12 cm in a stockpile site or in the cutting area in logs with a length greater than 2.5 m that contain at least 50% sound timber — twice the dues and charges payable under the timber cutting right on an officer's estimate of the gross volume of the timber wasted; (d) for leaving avoidable waste in the form of merchantable softwood with a minimum diameter class of 10 cm or merchantable hardwood with a minimum diameter class of 12 cm in a stockpile site or in the cutting area in logs with a length between 1.1 m and 2.5 m that contain at least 50% sound timber — the dues and charges payable under the timber cutting right on an officer's estimate of the gross volume of the timber wasted. 8(2) Unless otherwise authorized by an officer. any harvested merchantable timber left in a stockpile site or in the cutting area for more than one year is deemed to be waste timber. M.R. 18/2011 9 Any timber cut in the construction of a road or in the clearing of a skidway, landing, or camp site shall be paid for in accordance with the dues and charges payable under the licence, timber sale agreement, or permit. M.R. 18/2011 10(1) The method of disposal of brush and other logging debris on timber cutting operations shall be designated by an officer in advance of the cutting operation and brush disposal shall keep pace with the timber cutting operation. 10(1.1) An operator who fails to dispose of brush or other logging debris in accordance with subsection (1) shall pay a penalty that is calculated by assessing twice the rate of dues and charges payable under the timber cutting right on an officer's estimate of the gross volume of brush or debris that was improperly disposed. 10(2) [Repealed] M.R. 18/2011 M.R. 18/2011 11 and 12 [Repealed] M.R. 18/2011 13 All timber cut, whether or not dues thereon have been paid, and not removed in accordance with subclause 5(b)⁠(ii) and in any event not removed within one year of the time it was cut, may be confiscated by an officer. 14 and 15 [Repealed] M.R. 18/2011 Forest management licences 16(1) Within three years after the issuance of a forest management licence, the licensee shall submit for the approval of the minister a working plan or plans compiled in accordance with the principles of sound forest management. 16(2) Where a plan submitted under subsection (1) is not approved by the minister, the licensee shall submit a further plan or plans for approval by the minister. 17 Where a working plan has been approved by the minister and any portion of the plan is at variance with the method of operations outlined in the licence, the minister, with the concurrence of the licensee, may, where he considers it in the best interests of the forest resource, amend the licence accordingly. 18 The minister may, at any time, require a licensee, at his own expense, to establish or re-establish, by a qualified Manitoba land surveyor, the boundary, or any part of the boundary, of the area covered by his licence. 19 Every forest management licensee shall annually, on or before January 1, during the currency of his licence, submit for the approval of the director (a) the legal description of the area upon which he intends to cut timber during the year; (b) a map showing the area to which reference is made in clause (a); (c) the estimated quantity of timber, by species and product, he intends to cut on that area during the year; and (d) such other details as may be required by the director. 20 Every forest management licensee shall annually, between April 1 and June 1, during the currency of his licence, file with the director, for the year ending the last preceding March 31, (a) a map showing (i) the area over which he has completed timber cutting operations, and (ii) the area over which he has partially completed timber cutting operations; (b) the legal description of the areas covered under subclauses (a)⁠(i) and (ii); (c) the quantity of timber by species and product cut; and (d) such further information as is required by the director. 21 The minister may, before granting a forest management licence to any person, require and obtain from that person a surety bond, or other security in such amount as is, in his opinion, adequate to secure the faithful performance and observance by that person of the terms and conditions of the licence and the provisions of the Act. 22 The bond or other security referred to in section 21 shall (a) be in a form acceptable to the minister; (b) be maintained in good standing for such period of time as the minister may require; (c) in the case of a surety bond, be issued by an assurance or bonding company authorized to carry on business in Manitoba; and (d) be subject to forfeiture in the event of the licensee violating any provision of the Act, the regulations, or the terms and conditions of his licence. 23 and 24 [Repealed] M.R. 18/2011 Timber sale agreements 25(1) A person applying for a timber sale agreement must apply in writing to the director on a form approved by or acceptable to the director. 25(2) [Repealed] M.R. 18/2011 25(3) Where a timber sale agreement is to be offered by public competition, a notice of the public competition shall be given to the public in a manner prescribed by the director, and shall state (a) whether the competition is by sealed tender or public auction; (b) the number of the timber sale; (c) the kind and estimated quantity of the timber; (d) any restrictions on the amount of timber that may be cut annually; (e) the legal description of the area where the timber is located; (f) the duration of the contract or timber sale agreement, and that the duration may be subject to extension at the discretion of the director; (g) the minimum bid amount; (h) the basis on which tenders or bids are invited; (i) the amount of any guarantee deposit; (j) the amount of any fee that must accompany a tender; (k) the amount and kind of any bond that may be required; and (l) the time and place of the competition; (m) [repealed] M.R. 18/2011 . M.R. 18/2011 25(4) Unless otherwise ordered by the minister, any irregularity or omission in a notice of public competition under this regulation, or in any advertising of such a notice, does not render the notice or competition invalid. Notice of timber sale agreement competition 26(1) Where the volume of timber does not exceed 1000 m 3 (or its equivalent), the notice of competition mentioned in subsection 25(3) shall be given in a manner satisfactory to the director, at least seven days prior to the date the competition closes, and where the volume of timber exceeds 1000 m 3 (or its equivalent), the notice shall be given at least 15 days prior to the date the competition closes. 26(2) [Repealed] M.R. 18/2011 M.R. 18/2011 Notice at discretion of director 27(1) If a timber sale agreement is not offered for sale by public competition, the director may cause a notice of the sale to be given to such persons and in such manner as he considers advisable. 27(2) A timber sale agreement may provide that, on termination of the agreement, another timber sale agreement may be offered to the party to the agreement for a volume of timber equivalent or less than that provided for in the agreement that just terminated. 27(3) [Repealed] M.R. 18/2011 M.R. 18/2011 Timber sale bid process 28(1) Every person submitting a bid or tender in a public competition for a timber sale agreement must submit, along with the bid or tender, (a) the fee specified in the notice of competition; and (b) any guarantee deposit required under subsection 30(2). 28(2) The fee and guarantee deposit must be paid in cash, bank draft or certified cheque payable to the Minister of Finance. 28(3) and (4) [Repealed] M.R. 18/2011 28(5) Where a bid or tender is unsuccessful or rejected, the guarantee deposit providing by the bidder or tenderer shall, within 30 days of the date of the sale, be returned to him. 28(6) [Repealed] M.R. 18/2011 M.R. 18/2011 Timber sale agreement tender requirements 29 Where a public competition for a timber sale is by sealed tender, every tenderer shall (a) submit his tender in writing on a form approved by or acceptable to the director; (b) sign the tender form; and (c) place it in a sealed envelope, plainly marked "Tender for Timber Sale Number         ". M.R. 18/2011 Guarantee deposit 30(1) The amount of the guarantee deposit required in any timber sale agreement is to be set by the director, after taking into consideration the volume of timber authorized for removal annually and the minimum price set by the director, but it must not be less than the amount prescribed in Schedule G. 30(2) The amount of the guarantee deposit may, at the termination of the timber sale agreement, be applied, in whole or in part, in payment of any dues, charges, interest, penalties or other amounts owing to the Crown and the balance, if any, shall be refunded to the purchaser. M.R. 18/2011 Bond required 31 The director may require the timber sale purchaser to furnish a bond or other security in such amount as is acceptable to the director for the fulfilment of the terms and conditions of the timber sale agreement. M.R. 18/2011 Award without advertisement 32 Where, in a competition, no bids or tenders are received, the director may, subject to the same terms and conditions of the competition, within 12 months of the closing date of the competition, award the timber sale agreement without further advertisement to any person applying therefor. M.R. 18/2011 Terms and conditions 32.1 The director may impose any terms or conditions on a timber sale agreement that he or she considers necessary or advisable. M.R. 18/2011 Timber permits 33(1) A timber permit issued to cut timber shall be for a period not exceeding one year and expires on the date specified in the permit. 33(1.1) The director may impose any terms or conditions on a timber permit that he or she considers necessary or advisable. 33(2) [Repealed] M.R. 18/2011 M.R. 18/2011 Application for timber permits 34(1) A person applying for a timber permit must apply in writing to the department on a form approved by or acceptable to the director. 34(2) An application for a commercial timber permit must be accompanied by the fee set out in Schedule E along with the full amount of dues and charges payable in respect of the timber in question, which are to be calculated in accordance with Schedule H. 34(3) An application for a personal use timber permit must be accompanied by the applicable fee set out in Schedule E. The fee includes all applicable dues and charges payable under the Act and this regulation. M.R. 18/2011 35 to 37 [Repealed] M.R. 18/2011 Declaration 38 Unless specified otherwise, the holder of a timber permit must, within 30 days after completion of the cutting operation, complete and sign the declaration on the reverse side of the permit and submit it to the supervising officer. M.R. 18/2011 Refund process for commercial timber cutting permit 39 Where the holder of a commercial timber cutting permit cuts timber in an amount less than the amount authorized in the permit, and his cutting operations have been conducted in a manner satisfactory to an officer, the holder, upon application therefor, is entitled to a refund of the amount of timber dues equivalent to the difference between the amount paid by him and the amount payable for the timber actually cut, but no refund of less than $20 shall be made. M.R. 116/91; 18/2011 40 Where an application for refund is received within 30 days after the date of expiry of a permit, the permittee is entitled to the full amount of any refund payable to him. M.R. 18/2011 41 No refund shall be made to a permittee who applies therefor after the time specified in section 40. 42 Any overcut not exceeding 10% of the amount authorized shall be paid for at the rate specified in the permit, and that portion of any overcut exceeding 10% of the amount authorized in the permit shall, unless otherwise ordered by the director, be paid for at four times the rate specified in the permit plus expenses. Commercial timber permit 43 Unless otherwise authorized by the director, a timber permit that authorizes the holder to cut timber for resale must not be issued for more than 300 m 3 . M.R. 18/2011 Personal use timber permit 43.1(1) A timber permit that authorizes the holder to cut timber for his or her household use may not be issued for more than 100 m 3 . A person may not obtain personal use timber permits that enable him or her to cut more than 100 m 3 in a one-year period. 43.1(2) It is a condition of a timber permit issued under subsection (1) that all timber cut under authority of the permit is for the personal use of the holder and may not be sold. 43.1(3) The person harvesting or transporting timber cut under authority of a personal use timber permit must have the permit in his or her possession at all times when timber cut under the permit is being harvested or transported. M.R. 18/2011 Personal use timber permit for employees 43.2 For the purpose of section 7 of the Act, an officer or employee of the department may obtain a personal use timber permit. M.R. 18/2011 No permit or timber sale agreement for person in default 43.3 A timber sale agreement or timber permit must not be issued to a person who has not paid any amount owing under the Act or this regulation. M.R. 18/2011 Scaling 44(1) Unless permitted under an approved scaling plan or by a written authorization from an officer, no Crown timber cut under the authority of a commercial timber cutting right may be removed from the area where it was cut unless it has been scaled by a scaler. 44(2) An operator must conduct his or her operations in a manner that allows for the complete and accurate scaling of the timber cut to be performed safely and with a minimum of time and effort. 44(3) If scaling is performed by an officer or employee of the department, the cost is to be charged to the operator based on the hourly wage of the officer or employee. 44(4) If unscaled timber is moved under an approved scaling plan or the authorization of an officer, the timber must be scaled (a) when it arrives at its final destination; or (b) by a deadline specified in writing by an officer, which must be within the same month that the timber arrived at its final destination. M.R. 18/2011 Scaling plans 44.1(1) The holder of a commercial timber cutting right must prepare an annual scaling plan and have the plan approved by the director before harvesting timber or moving previously harvested timber from the site where it was cut. 44.1(2) Scaling plans must be in a form approved by the director and must specify (a) the location where scaling is to occur; (b) the final destination of all harvested timber; (c) the scaling method; and (d) any other information requested by the director. 44.1(3) The holder of a commercial timber cutting right must not move timber to a location that is not set out in an approved scaling plan. M.R. 18/2011 45 and 46 [Repealed] M.R. 18/2011 Record inspection 47(1) The holder of a timber cutting right must allow an officer to inspect all records that are required to be kept under the Act or the timber cutting right. 47(2) The holder of a timber cutting right must, as soon as reasonably possible, give an officer a copy of any record requested by the officer. M.R. 18/2011 Load slips 48(1) Subject to this section, the holder of a timber cutting right must ensure that (a) a load slip is completed for each load of Crown timber cut under authority of that timber cutting right that is transported in the province; and (b) the completed load slip is provided to the person transporting the timber. 48(2) A timber dealer must ensure that (a) as specified in his or her licence, a load slip, bill of lading or numbered invoice is completed for each load of timber that is transported by the timber dealer; and (b) the completed load slip, bill of lading or numbered invoice is provided to the person transporting the timber. 48(3) A person transporting timber in the province must ensure that a completed copy of the load slip, bill of lading or numbered invoice respecting the transported timber is in his or her possession at all times while the timber is in transport. 48(4) In the case of a personal use timber cutting permit, the requirements of subsection (1) and (3) are met if the load slip portion of the permit is fully completed and accompanies the timber while it is transported. 48(5) An invoice or bill of lading must include the following information: (a) the name of the seller and purchaser of the timber; (b) the species and volume of timber; (c) whether the timber is Crown timber or harvested from private land; (d) the precise location where the timber was harvested; (e) the date and time the timber is to be transported; (f) the final destination of the timber. 48(6) The holder of a timber cutting right must ensure that a load slip book issued by the department is used only in relation to timber cut under authority of the timber cutting right specified in the load slip book. 48(7) The holder of a timber cutting right or a timber dealer who is issued a load slip book must return the book to the department (a) when all load slips in the book have been used; or (b) when requested by an officer. M.R. 18/2011 Monthly timber returns 49(1) Subject to subsection (3), the holder of a forest management licence or timber sale agreement must provide the director with a monthly timber return that sets out (a) the volume of Crown timber harvested by the holder that was scaled during the previous month; and (b) the dues and charges payable in respect of that timber. 49(2) A monthly timber return must (a) be in a form approved by the director; and (b) be provided to the director by the last business day of the month following the month that is the subject of the return. 49(3) The holder of a forest management licence or timber sale agreement is not required to include in a monthly timber return any timber that is delivered and scaled at a designated reporting facility. 49(4) If the holder of a forest management licence or timber sale agreement fails to report all timber that should be included in the monthly timber return, the holder must pay dues and charges on the timber that was not reported in the return at four times the dues and charges that would ordinarily be payable. 49(5) If the holder of a forest management licence or timber sale agreement fails to file a monthly timber return by the date it is due under clause (2)⁠(b), the holder must pay a late filing penalty that is the greater of $50 or 1% of the dues and charges payable on account of timber scaled in the month in question, for each month or part of a month that the return is outstanding. M.R. 18/2011 Designated reporting facility 49.1 The minister may designate a mill, a wood processing facility or a facility operated by a timber dealer as a designated reporting facility. M.R. 18/2011 Monthly timber reports 49.2(1) The operator of a designated reporting facility must provide the director with a report of all timber delivered and scaled at the facility during the previous month, including (a) the timber cutting right holder that harvested the timber; (b) the type and gross measurements of the timber delivered; and (c) any other information requested by the director. 49.2(2) The operator of a designated reporting facility must provide the monthly timber report to the director by the last business day of the month following the month that is the subject of the report. 49.2(3) If the operator of a designated reporting facility fails to report all timber that should be included in the monthly timber report, the operator must pay dues and charges on the timber that was not reported in the report at four times the dues and charges that would ordinarily be payable. 49.2(4) If the operator of a designated reporting facility fails to file a monthly timber report by the date it is due under subsection (2), the holder must pay a late filing penalty that is the greater of $50 or 1% of the dues and charges payable on account of timber scaled in the month in question, for each month or part of a month that the report is outstanding. M.R. 18/2011 Dues and charges payable by holder 50(1) The holder of a forest management licence or timber sale agreement must (a) pay dues on the volume of Crown timber set out in the monthly timber return that are to be calculated in accordance with Schedule H, unless (i) the dues have already been paid by the holder, or (ii) the licence or agreement specifies a different rate of dues, in which case the dues payable are to be calculated in accordance with that rate; and (b) pay forest renewal and fire protection charges on the volume of Crown timber set out in the monthly timber return that are to be calculated in accordance with Schedule I, unless the licence or agreement specifies a different rate of charges, in which case the charges payable are to be calculated in accordance with that rate. 50(2) The dues and charges calculated under this section are due and payable on the last business day of the month after the monthly timber return must be provided. M.R. 18/2011 Dues and charges from designated reporting facility 50.1(1) The director must provide the operator of a designated reporting facility with an invoice setting out the dues and charges owing on the volume of Crown timber reported by the operator in the monthly timber report provided under section 49.2. 50.1(2) The dues and charges payable by the operator of the designated reporting facility are to be calculated as follows: (a) dues are to be calculated in accordance with Schedule H on the volume of Crown timber for which dues had not previously been paid, unless the licence or agreement under which the timber was harvested specifies a different rate of dues, in which case the dues payable are to be calculated in accordance with that rate; (b) forest renewal and fire protection charges are to be calculated in accordance with Schedule I on the volume of Crown timber for which those charges had not previously been paid, unless the licence or agreement under which the timber was harvested specifies a different rate of charges, in which case the charges set out in the licence or agreement are payable. 50.1(3) The dues and charges calculated under this section are due and payable by the operator of the designated reporting facility on the last business day of the month after the monthly timber report was to be provided. M.R. 18/2011 Interest due to errors in reports or returns 50.2 If an error is discovered in a monthly timber return or monthly timber report that results in a person failing to pay all dues or charges that were properly payable, the person must immediately pay (a) the outstanding dues and charges; and (b) interest on the outstanding dues and charges calculated in accordance with section 61. M.R. 18/2011 51 [Repealed] M.R. 18/2011 Late payment penalty 52 A person who fails to pay the dues and charges owing under section 50 or 50.1 when they become due must pay a penalty that is the greater of $50 or 1% of the total amount owing for each month or part of a month the dues or charges remain owing and unpaid. M.R. 18/2011 53 to 55 [Repealed] M.R. 18/2011 Wood processing facility licence 56(1) No person shall operate a facility that processes timber into a primary or secondary product for sale, such as a sawmill, pulp or paper mill or chipper processing facility, unless he or she holds a valid wood processing facility licence issued by the director. 56(2) An application for a licence under subsection (1) must be made in writing to the director on a form approved by or acceptable to the director and must be accompanied by the fee set out in Schedule E. 56(3) A licence under subsection (1) must not be issued for a period exceeding five years and the licence expires on the date specified in the licence. 56(4) A licence under subsection (1) is subject to any terms or conditions imposed on it. 56(5) The operator of a licensed wood processing facility must not accept timber from any person unless (a) in the case of Crown timber, the person provides documentation specifying the timber cutting right under which the timber was cut and a fully completed load slip, numbered invoice or bill of lading for every load of timber delivered as required by section 48; (b) in the case of timber cut on private land, a statement signed by the owner of the land on which the timber was cut that identifies the land in question and confirms that he or she owns the timber. 56(6) The operator of a licensed wood processing facility must (a) prepare and maintain daily records of operations, such as timber purchases, inventory volumes and production, in a form acceptable to the director; (b) allow an officer to inspect all records that the operator is required to maintain; and (c) give an officer a copy of any record requested by the officer. M.R. 18/2011 Timber dealer licence 57(1) No person shall purchase timber for the purpose of reselling it as a primary forest product unless he or she holds a valid timber dealer's licence issued by the director. 57(2) An application for a timber dealer's licence must be made in writing to the director on a form approved by or acceptable to the director and must be accompanied by the fee set out in Schedule E. 57(3) A timber dealer's licence is subject to any terms or conditions imposed on it. 57(4) A timber dealer's licence must not be issued for a period exceeding five years and the licence expires on the date specified in the licence. 57(5) A timber dealer must (a) prepare and maintain monthly records of operations, such as timber purchases, sales and inventory volumes, in a form acceptable to the director; (b) allow an officer to inspect all records that the dealer is required to maintain; and (c) give an officer a copy of any record requested by the officer. 57(6) A timber dealer must submit his or her monthly record of operations to the director by the last business day of the month following the month that is the subject of the record. M.R. 18/2011 58 [Repealed] M.R. 18/2011 Scaler's licence 59(1) Subject to section 59.1, no person shall scale Crown timber for the purpose of preparing a monthly timber return or monthly timber report unless he or she holds a valid scaler's licence issued by the director. 59(2) An application for a scaler's licence must be made in writing to the director on a form approved by or acceptable to the director and must be accompanied by the fee set out in Schedule E. 59(3) A scaler's licence may only be issued to a person who (a) has successfully completed a scaler's licensing course and satisfied the director that he or she is proficient in scaling; or (b) holds a valid scaling licence or permit from another province or territory. 59(4) A scaler's licence is subject to any terms or conditions imposed on it. 59(5) A scaler's licence must not be issued for a period exceeding five years and the licence expires on the date specified in it. 59(6) The holder of a scaler's licence must (a) prepare and maintain records of timber measurement in a form acceptable to the director; (b) allow an officer to inspect all records that the holder is required to maintain; and (c) give an officer a copy of any record requested by the officer. 59(7) If the director is satisfied that the holder of a scaler's licence has failed to properly scale timber, he or she may impose additional terms or conditions on the holder's licence. 59(8) The holder of a scaler's licence may be issued a new scaler's licence if, before the expiry of his or her old licence, he or she has completed a recertification course approved by the director. M.R. 18/2011 Interim scaler's licence 59.1(1) The director may issue an interim scaler's licence to a person who is not eligible to obtain a scaler's licence. 59.1(2) An interim scaler's licence must not be issued for a period exceeding one year and the licence expires on the date specified in it. 59.1(3) An interim scaler's licence is subject to any terms or conditions imposed on it. 59.1(4) The holder of an interim's scaler's licence must work under the supervision of the holder of a scaler's licence. M.R. 18/2011 Fees 60 The fees for a licence or permit under this regulation, except for a permit issued under subsection 65(3), or the charge for the assignment of a timber cutting right are set out in Schedule E. M.R. 116/91; 59/96; 18/2011 ; 127/2020 Interest 61 For the purpose of section 40 of the Act, the rate of interest on any unpaid dues, charges or other amounts owing under the Act is to be calculated in accordance with section 3 of the Interest Rate Regulation , Manitoba Regulation 107/2002. M.R. 18/2011 62(1) Every purchaser of Crown timber shall inform himself as to whether or not the Crown charges have been paid on the timber before paying the purchase price, or any part thereof, to the seller. 62(2) Where it appears that the seller has not paid the Crown charges, the purchaser shall immediately notify the director as to that fact, and the director may require the purchaser to pay the Crown charges to the minister. Seizure of timber 63(1) An officer may seize timber by placing a notice of seizure on the timber. The notice of seizure must (a) be in a form approved by the director; and (b) state that no person move the timber on which the notice is posted. 63(2) No person shall (a) move or tamper with the timber on which the notice is posted; or (b) remove, deface or interfere with the notice, unless authorized to do so by an officer. M.R. 18/2011 Provincial forests 64 Unless expressly authorized by the director or any Act of the Legislature, no person shall (a) occupy or use lands within a provincial forest; (b) allow, permit, or cause livestock that he owns or controls to enter in, upon, or through lands within a provincial forest; (c) take, cut, remove, or destroy any of the flora in or upon lands within a provincial forest; (d) remove, deface, or destroy any public building or public property, or any post, mark, notice, or sign established, erected, or posted in connection with the administration of a provincial forest; or (e) post or display any sign, poster, or advertisement on lands within a provincial forest. 65(1) Notwithstanding any other permit, licence, or right that may be granted to a person to enter upon, cut or cut and remove timber, the minister may, subject to such terms and conditions as he sees fit to impose, and to the payment of such fee as he may prescribe, grant to a person a lease for a period not exceeding 20 years, to use and occupy provincial forest lands for any of the following purposes: (a) for relay tower and microwave tower sites; (b) for pipe line, power transmission line and telephone line right-of-way and for structures in connection therewith; (c) for surface rights with respect to mining and quarrying; (d) for schools, churches, sanitaria, or cemeteries; (e) for structures required in connection with the work or operation of any government department or agency; (f) for air strips, winter roads, buildings and structures connected with an authorized use of those lands; (g) for use as a summer home site, commercial concession, camping ground, or any other approved recreational use; and (h) for any public purposes not inconsistent with the Act. 65(2) A lease granted under subsection (1) may, subject to such terms and conditions as the minister, in his absolute discretion, considers necessary and advisable, be renewed for a further period not exceeding 20 years. 65(3) Upon payment of the fee specified by the minister, the minister may issue a permit that authorizes the holder to engage in one of the specified activities in subsection (1) in a provincial forest. 65(4) An application for a permit under subsection (3) must be made in writing to the director on a form approved by or acceptable to the director. 65(5) A permit issued under subsection (3) is subject to any terms and conditions imposed on it by the director. 65(6) A permit under subsection (3) must not be issued for a period exceeding two years and the permit expires on the date specified in it. M.R. 18/2011 66 Subject to such terms and conditions and to such fees as he considers necessary and advisable, the director may issue a permit to a person for a period not exceeding one year to use and occupy provincial forest lands (a) for the purpose of erecting and maintaining a hunter's or sport fisherman's or trapper's cabin; (b) for the purpose of erecting and maintaining a summer home or commercial concession, or maintaining a camping ground or for any other approved recreational or public use; or (c) for the purpose of erecting and maintaining a building or structure that in the opinion of the director is required for any other lawful use. Grazing of cattle 67(1) Unless he holds a valid and subsisting grazing permit, no person shall allow, permit, or cause cattle that he owns or controls to graze in or upon lands within a provincial forest. 67(2) Before issuing a grazing permit to any person, the director shall take into consideration (a) the grazing capacity of the area; (b) the dates between which grazing may be permitted; and (c) forest and game management requirements. 67(3) An application for a grazing permit shall be made to the director on a form approved by or acceptable to the director, and shall be accompanied by a permit fee as prescribed in Schedule E plus the charges set out in subsection (8). 67(4) A grazing permit expires on the date stated thereon. 67(5) and (6) [Repealed] M.R. 18/2011 67(7) The director, upon receipt of a fee as specified in Schedule E and the payment of charges set out in subsection (8), and upon such terms and conditions as are endorsed on the permit or attached thereto, may issue a grazing permit. 67(8) The dues for a grazing permit are as prescribed in Schedule D per month per head of cattle grazed or authorized to be grazed, but where a person grazed cattle without authority for a period exceeding any authorized period the fee for such unauthorized grazing shall be computed as prescribed in Schedule D. 67(9) A permittee is not liable to any charges for the grazing of cattle that are the natural increase of the cattle authorized to be grazed and that are under six months old. 67(10) No grazing permit shall be issued for a period of less than three months. 67(11) No person shall graze livestock other than cattle within a provincial forest, and any person who violates this subsection is subject to such penalty as may be provided for a violation of the regulation, and shall pay to the director fees computed as prescribed in Schedule D. 67(12) In addition to the terms and conditions endorsed on or attached to a grazing permit, every grazing permit is subject to the following conditions: (a) only cattle owned by the permittee shall be grazed under authority of the permit; (b) all cattle over the age of six months owned and grazed by the permittee shall have affixed to the left ear an ear tag provided by the department, and shall be branded with the owner's registered brand, or in the case of purebred cattle, have a tattoo authorized by the Canadian National Livestock Service Records of the Government of Canada; (c) all cattle grazed by the permittee shall be confined within the area authorized by the permit; and (d) the permittee shall not cultivate any land covered by his grazing permit. M.R. 18/2011 ; 24/2026 Cutting and disposal of hay 68(1) No person shall cut hay within a provincial forest unless he holds a valid hay cutting permit. 68(2) A person applying for a hay cutting permit must apply in writing to the director on a form approved by or acceptable to the director. 68(3) A person applying for a permit to cut hay within a provincial forest shall submit with his application (a) a permit fee as prescribed in Schedule E; and (b) dues at the rate as specified in Schedule D. 68(4) A permit to cut hay under this section is not transferable, expires on the expiry date stated therein, and is subject to the terms and conditions stated therein. M.R. 18/2011 69 Notwithstanding anything in this regulation, where two or more persons apply for a permit to cut hay on the same parcel of land within a provincial forest, the director may grant a permit to the highest bidder. General 70 Unless otherwise expressly provided in this regulation or in the Act, any notice, demand, or other communication that the minister or his authorized representative may require to give or serve upon a person, may be validly given and served if sent to the person by registered mail to his normal place of business or his last known address, and shall be deemed to have been made or given upon the day of the receipt of such notice, demand or communication. 71 Except as otherwise authorized or approved by the minister, and subject to such terms and conditions as he may consider fit to impose, the right granted under the Act to use or occupy lands within a provincial forest is not assignable or transferable. 71.1 If a licence or permit is issued using the Internet, a requirement under this regulation that applications must be made in writing on a form approved by or acceptable to the director is satisfied if the applicant submits all information required on the online form and pays any applicable application fee. M.R. 127/2020 72 Notwithstanding anything in this regulation but subject to the Criminal Code , an officer may, for the protection of the public, or for the conservation of the forest resources of the province, carry firearms, and where necessary use such firearms to destroy wild animals, or other animals that endanger, or are likely to endanger, human safety or the forest resources of the province. 73(1) An operator shall allow other authorized users of the forest to use such roads as he has constructed or may construct and maintain in connection with his operations, but any such authorized users of the forest shall pay to the operator such part of the costs of construction and maintenance of the road as may be mutually agreed upon. 73(2) Where the director considers it necessary for an authorized user of the forest to have access to any part thereof, and for any use therein which may from time to time arise in an area held by an operator, the operator shall allow the said access and required use, but the authorized user shall pay to the operator a reasonable amount for any estimated loss that may be caused to the operator by virtue of the said access and use. 73(3) Where, under subsection (1) or (2) the persons concerned fail to agree on the amount payable, the director, upon being notified of the failure, may direct, and the operator when so directed shall allow, the authorized user of the forest to use the road or said access and required use, as the case may be, and the amount payable and any other matter in dispute shall be settled by arbitration. 74 Where any matter is to be settled or decided by arbitration, the minister shall, within 14 days of being advised of a disagreement as provided in subsection 73(3) or within 14 days of the request mentioned in subsection 11(4) of the Act appoint an arbitration board of three persons to settle or decide the matter, and the provisions of The Arbitration Act , apply with such modifications as the circumstances require to the proceedings of the board so appointed. 75 Every right of any person to cut timber, and every right of any person to occupy or use land within a provincial forest granted by the Crown is subject to the right of the minister (a) to construct, or authorize the construction of, roads, trails, telephone or transmission lines; and (b) to authorize the cutting by any person of timber other than the kind, size, class, or type described in the right of that person; in, or over, upon or across the land described in that right. 76 Every person who, under the authority of a licence, lease, permit, timber sale agreement, or any other lawful authority erects, constructs, or places any building, structure, material, improvement, machinery, or equipment on lands within a provincial forest, shall within 30 days after the expiry of the licence, lease, permit, timber sale agreement, or other lawful authority, or within such extended period of time as may be stated in a notice in writing given by the director, remove the building, structure, material, improvement, machinery, or equipment. 77 Section 76 applies with such modifications as the circumstances require to a person who erects, constructs or places any building, structure, material, improvement, machinery, or equipment on lands within a provincial forest without lawful authority. 78 Where, owing to weather or other conditions, the hauling of timber or other product is likely to cause damage to a forest access road or a road within a provincial forest, the minister may cause a notice to be posted (a) closing any such road to traffic until the road, in his opinion, is fit for traffic; or (b) imposing weight restrictions with respect to that road.

79 No timber cutting rights, including a forest management licence, timber sale, or timber permit for a major forestry development program covering an area of more than 65 square kilometres, all or part of which is north of the fifty-third parallel of Latitude, shall be granted to, held or maintained by, transferred or assigned to, or owned by, any person other than (a) an individual who is a Canadian citizen or resident of Canada, who is over 18 years of age and who will be or is the beneficial grantee, holder, or owner thereof, and will not, or does not, accept the grant transfer or assignment, or hold or own, the right, for or on behalf of some other person; or (b) a company incorporated under the laws of Canada or of a province of Canada. Waiver of fees, dues and charges 80 The minister may, if he or she considers it appropriate, waive all or part of any fees, dues or charges in relation to a timber cutting right that is not issued for commercial purposes that would otherwise be payable by a person under this regulation. M.R. 18/2011 SCHEDULE A [Repealed] M.R. 265/90; 18/2011 SCHEDULES B AND C [Repealed] M.R. 18/2011 SCHEDULE D 1 Waste of Merchantable Timber: (a) Exceeding the maximum allowed stump height: $1.00 per stump plus expenses; (b) Exceeding the minimum diameter specified: $1.00 per top plus expenses; (c) Exceeding the maximum allowed trim allowance: $1.00 per log plus expenses. 2 Grazing and Hay Cutting Dues and Penalties: (a) Grazing cattle dues:-$3.13 per month per head of cattle grazed; (b) Grazing cattle dues without authority or exceeding the authorized period:-$6.00 per month or part thereof per head of cattle grazed plus expenses; (c) Grazing livestock other than cattle:-$6.00 per month or part thereof of livestock grazed plus expenses; (d) Hay cutting dues:-$5.85 per tonne. SCHEDULE E FEES 1 Fees and other charges, including GST where applicable: (a) commercial timber permit fee 2 and 3 [Repealed] M.R. 59/96; 18/2011 SCHEDULE F [Repealed] M.R. 18/2011 SCHEDULE G Timber Dues Payable on the Total Annual Volume Based on the Minimum Standard Dues Rate Amount of Guarantee Deposit On the first $3,000.00 20.0 percent On the next $10,000.00 10.0 percent On the next $20,000.00 5.0 percent On the next $40,000.00 2.5 percent In excess of $73,000.00 1.25 percent SCHEDULE H TIMBER DUES SCHEDULE I (Subsection 50(1)) 1. The forest renewal charge per cubic metre is: (a) softwoods 1.1. Annual fire protection charge for Crown timber, per cubic metre 2. [Repealed] M.R. 76/93; 58/96