GENERAL

CONTENTS Sections Interpretation 0.1 Crown Charges 1-6 Terms and Conditions of Forest Resource Licences 7 Forest Resource Licences on Same Land 8-9 Amendment of Forest Resource Licences 10 Cancellation of Forest Resource Licences 11 Transfer of Forest Resource Licences 12-14 Scalers 15-17 Forest Resource Processing Facilities 18-26 Manuals 26.1-28.2 Crown Trees Not in Crown Forests 29 Harvesting for Personal Use 30-37 Schedule 3 Licence fees for forest resource processing facilities Interpretation 0.1 In this Regulation, “downed wood” means trees or parts of trees above the soil and resting on the ground; (“bois abattu”) “household” means one or more persons ordinarily occupying the same primary residence; (“ménage”) “in-water activity” means activity that is conducted in the water of a lake, river, stream or pond; (“activité en milieu aquatique”) “personal use” means the use of forest resources for non-commercial purposes including for heating, energy or cooking, including while camping or carrying out other recreational activities in a Crown forest, for building products, for transplanting, for cultural, religious or ceremonial purposes, for artistic or decorative works, and for wood-working and related hobbies. (“usage personnel”) O. Reg 377/22, s. 1. Crown Charges 1. For the purposes of sections 2, 3 and 4, the land referred to as the productive area in a forest resource licence granted before April 1, 1995 shall be deemed to be the land specified under subsection 32 (2) of the Act. O. Reg. 167/95, s. 1. 2. (1) The area charge to be paid under subsection 32 (1) of the Act for the 12-month period beginning on April 1 in each year by a holder of a forest resource licence is, (a) $51 for each square kilometre or part of a square kilometre of land specified under subsection 32 (2) of the Act, if the licence was granted under section 26 of the Act; or (b) $102 for each square kilometre or part of a square kilometre of land specified under subsection 32 (2) of the Act, if the licence was granted under section 27 of the Act. O. Reg. 167/95, s. 2 (1); O. Reg. 397/96, s. 1. (2) For the purpose of subsection 32 (3) of the Act, the following classes of forest resource licences are prescribed as classes of licences in respect of which subsections 32 (1) and (2) of the Act do not apply: 1. Licences that authorize the harvesting of forest resources only for the licensee’s own non-commercial use and for which the price determined under section 31 of the Act for the forest resources that are harvested is $500 or less. 2. Licences in respect of land that is subject to a previously-granted forest resource licence. O. Reg. 167/95, s. 2 (2). 3.-5. Revoked: O. Reg. 448/97, s. 1. 6. (1) Interest is payable on payments of Crown charges that are overdue using the rate of interest determined in accordance with the following rules: 1. A base rate of interest shall be determined for January 1, 2006 and for each adjustment date after January 1, 2006 and shall be equal to the average prime rate on, i. October 15 of the previous year, if the adjustment date is January 1, ii. January 15 of the same year, if the adjustment date is April 1, iii. April 15 of the same year, if the adjustment date is July 1, and iv. July 15 of the same year, if the adjustment date is October 1. 2. The base rate of interest in effect on a particular date shall be, i. the base rate for the particular date, if the particular date is an adjustment date, and ii. the base rate for the last adjustment date before the particular date, otherwise. 3. The rate of interest payable by a person under this section in respect of a particular day shall be an annual interest rate that is three percentage points higher than the base rate of interest in effect on that day. O. Reg. 257/06, s. 1. (2) In subsection (1), “adjustment date” means January 1, April 1, July 1 or October 1; (“date de rajustement”) “average prime rate”, on a particular date, means the mean, rounded to the nearest whole percentage point, of the annual rates of interest announced by each of The Royal Bank of Canada, The Bank of Nova Scotia, the Canadian Imperial Bank of Commerce, the Bank of Montreal and The Toronto-Dominion Bank to be its prime or reference rate of interest in effect on that date for determining interest rates on Canadian dollar commercial loans by that bank in Canada. (“taux préférentiel moyen”) O. Reg. 257/06, s. 1. Terms and Conditions of Forest Resource Licences 7. Every forest resource licence is subject to the following terms and conditions: 1. The licensee shall pay the prices determined under section 31 of the Act for forest resources harvested under the licence. 2. All forest operations shall be conducted in a manner that permits forest resources harvested under the licence to be measured, counted and weighed in accordance with the Scaling Manual. O. Reg. 167/95, s. 7. Forest Resource Licences on Same Land 8. The matters on which licensees shall endeavour to agree under subsection 38 (2) of the Act are the following: 1. The amount of the contribution to be made by the prospective licensee to the existing licensee in respect of the area charges and forestry futures charges required to be paid by the existing licensee. 2. The amount of the contribution to be made by the prospective licensee to the existing licensee in respect of costs associated with the forest management plan, the work schedules and the forest operations prescriptions applicable to the licences. 3. The performance of the renewal and maintenance work that is required to be carried out, including payment for that work. 4. The provision of information required to be provided under the Act and the sharing of that information. 5. The road construction and maintenance to be done, including contributions to their cost. 6. The proper identification and marking of the area covered by the prospective licence and of the forest resources that shall not be harvested within that area, including contributions to the costs of the identification and marking. 7. The manner in which the licensees will conduct forest operations in the area covered by the licences. 8. The amount and species of forest resources that may be harvested by the prospective licensee. 9. The amount of any payments to be made by each licensee to the other licensee, including a breakdown of those payments. 10. A procedure to resolve disputes under the agreement. O. Reg. 167/95, s. 8. 9. (1) The following is the dispute resolution procedure that shall be followed if the Minister so directs under subsection 38 (2) of the Act: 1. The Minister shall appoint a mediator to resolve the dispute according to terms of reference provided by the Minister. 2. The mediator may require the parties to meet the mediator, separately or together, at times and places specified by the mediator. 3. The mediator shall discuss with each party the reasons for the dispute. 4. The mediator may require the parties to meet each other in an attempt to resolve the dispute. 5. If the parties do not agree on a resolution of the dispute, the mediator shall recommend to the parties a manner for resolving the dispute and the parties shall consider the mediator’s recommendation. 6. If the parties are able to agree on a resolution of the dispute within a time that the mediator considers reasonable after the making of the recommendation, the mediator shall advise the Minister of the agreement but shall not advise the Minister of the recommendation. 7. If the parties are unable to agree on a resolution of the dispute within a time that the mediator considers reasonable after the making of the recommendation, the mediator shall advise the Minister of the recommendation and shall advise the Minister that no agreement has been reached. O. Reg. 167/95, s. 9 (1). (2) If a licensee fails to comply with subsection 38 (2) of the Act or with the procedure described in subsection (1), the Minister may, in accordance with section 34 of the Act and section 10 of this Regulation, amend the licensee’s licence. O. Reg. 167/95, s. 9 (2). (3) If, under paragraph 7 of subsection (1), the Minister is advised that no agreement has been reached, the Minister may, in accordance with section 34 of the Act and section 10 of this Regulation, amend any forest resource licence held by a party to the dispute. O. Reg. 167/95, s. 9 (3). (4) The parties may at any time agree on the matters that were previously in dispute, in which case the procedure described in subsection (1) may be terminated. O. Reg. 167/95, s. 9 (4). (5) An amendment made to a forest resource licence in accordance with section 34 of the Act and section 10 of this Regulation in respect of a matter agreed on under subsection 38 (2) of the Act or the procedure described in this section need not conform with the agreement. O. Reg. 167/95, s. 9 (5). (6) Subject to paragraphs 6 and 7 of subsection (1), no information provided during the mediation shall be disclosed by the mediator or the parties except to each other during the course of the mediation. O. Reg. 167/95, s. 9 (6). (7) The Minister may require that the procedure described in subsection (1) be completed within a period of time specified by the Minister. O. Reg. 167/95, s. 9 (7). Amendment of Forest Resource Licences 10. (1) A forest resource licence may be amended under section 34 of the Act in respect of the following matters: 1. The area covered by the licence and the land specified under subsection 32 (2) of the Act. 2. The amount, species and price of forest resources that may be harvested under the licence. 3. The harvesting of killed or damaged forest resources. 4. The renewal and maintenance of the area covered by the licence and other activities carried out in that area, including the funding of those activities. 5. The preparation of a forest management plan, including the requirement to prepare a plan. 6. The silvicultural and other standards and the forest operations prescriptions that apply to forest operations. 7. The methods used to measure compliance with silvicultural and other standards and with forest operations prescriptions. 8. The construction and maintenance of forest roads, including the funding of those activities. 9. The supply of forest resources to a forest resource processing facility. 10. The conduct of inventories, tests and studies. 11. The provision of information. 12. The certification of the area covered by the licence, including the standard to be met for certification. O. Reg. 167/95, s. 10 (1); O. Reg. 186/07, s. 1. (2) An amendment to a forest resource licence may not be made under section 34 of the Act unless the amendment is authorized by subsection (1). O. Reg. 167/95, s. 10 (2). Cancellation of Forest Resource Licences 11. A forest resource licence may be cancelled in whole or in part for one or more of the following reasons, in addition to the reasons set out in subsection 59 (1) of the Act: 1. The licensee has purported to transfer, assign, charge or otherwise dispose of the forest resource licence without the consent required by section 35 of the Act. 2. The licence was granted in respect of forest resources on land subject to a previous forest resource licence and an agreement made between the licensees under subsection 38 (2) of the Act or the resolution of a dispute under that subsection is no longer in effect. 3. The licence was granted in respect of forest resources that were subject to an agreement under section 25 of the Act and that agreement is no longer in effect. 4. The licence is a sustainable forest resource licence under section 26 of the Act and, for the purpose of improved management of forest resources in the management unit to which the licence relates, a new sustainable forest resource licence is to be granted to a company that was formed for the purpose of carrying out forest management responsibilities in the unit, that is not associated with any particular forest resource processing facility and in which the holder of the cancelled licence was offered an opportunity to participate. O. Reg. 167/95, s. 11; O. Reg. 572/06, s. 1. Transfer of Forest Resource Licences 12. (1) The fee for obtaining a consent under subsection 35 (1) of the Act is $1,000. O. Reg. 167/95, s. 12 (1). (2) Despite subsection (1), if consents in respect of more than one forest resource licence are obtained at the same time, the fee is $500 for each consent. O. Reg. 167/95, s. 12 (2). 13. Subsection 35 (2) of the Act does not apply in the following circumstances: 1. A forest resource licence is surrendered to the Minister. 2. A transfer, assignment, charge or other disposition of an interest in a forest resource licence is required by an agreement under subsection 38 (2) of the Act or by the resolution of a dispute under that subsection. O. Reg. 167/95, s. 13. 14. When a forest resource licence is transferred, the licensee shall, not less than 30 days before the transfer, provide the Minister with the following information: 1. A description of the transfer, including the reason for it. 2. Information in respect of the transfer, including information in respect of the valuation of assets, the employees of the transferor and the assumption by the transferee of the transferor’s liabilities and obligations to the Crown. 3. The location of the forest resource processing facility that will process forest resources harvested after the transfer. 4. Information in respect of the operation of any forest resource processing facility to be transferred, including information in respect of forest resource supply arrangements and forest resource licences that will supply the facility with forest resources. O. Reg. 167/95, s. 14. Scalers 15. Revoked: O. Reg. 101/11, s. 1. 16. (1) The Minister may issue a scaler’s licence to a person who, (a) has completed a scaler’s course approved by the Minister; (b) has passed the examination for a scaler’s licence set by the Minister, or before April 1, 2011, by the board of examiners; and (c) has paid the fee set out in subsection (2). O. Reg. 167/95, s. 16 (1); O. Reg. 101/11, s. 2 (1). (1.1) Despite subsection (1), the Minister may issue a scaler’s licence to a person who, (a) holds a scaler’s certificate, licence, registration or similar official recognition, (i) that is issued by a provincial or territorial government in Canada or by regulatory authority authorized or permitted to issue such recognition by a provincial or territorial government in Canada, and (ii) that attests that the person is authorized to scale Crown forest resources; (b) has not had his or her scaler’s certificate, licence, registration or similar official recognition cancelled, suspended or revoked; and (c) has paid the fee set out in subsection (2). O. Reg. 483/10, s. 1. (2) The fee for a scaler’s licence or a renewal of a scaler’s licence is $15. O. Reg. 167/95, s. 16 (2). (3) A scaler’s licence is subject to such terms and conditions as may be specified in the licence. O. Reg. 167/95, s. 16 (3). (4) The term of a scaler’s licence shall not exceed five years. O. Reg. 167/95, s. 16 (4); O. Reg. 177/24, s. 1. (5) The Minister may renew a scaler’s licence for further terms not exceeding five years if the scaler has paid the fee set out in subsection (2). O. Reg. 167/95, s. 16 (5); O. Reg. 101/11, s. 2 (2); O. Reg. 177/24, s. 1. 17. A licensed scaler is not qualified to measure, count or weigh forest resources for the Crown unless, (a) the scaler has received the written approval of the Minister; and (b) within the preceding five years, the scaler, (i) was issued a scaler’s licence under subsection 16 (1) or (1.1), or (ii) completed a scaler’s refresher course approved by the Minister and passed the refresher examination set by the Minister. O. Reg. 167/95, s. 17; O. Reg. 483/10, s. 2; O. Reg. 101/11, s. 3; O. Reg. 177/24, s. 2. Forest Resource Processing Facilities 18. The following forest resource processing facilities are exempt from section 53 of the Act: 1. Facilities that use less than 1,000 cubic metres of forest resources in a year. 2. Facilities that process or alter forest resources solely to facilitate the harvesting of the resources or the transportation of the resources to a facility licensed under section 53 of the Act. O. Reg. 167/95, s. 18. 19. (1) An applicant for a forest resource processing facility licence shall provide the Minister with the following: 1. A business plan that shows the applicant’s ability to finance, operate and manage the facility. 2. An analysis showing the source, species and volume of the forest resources that will supply the facility. O. Reg. 167/95, s. 19 (1). (2) An applicant for the renewal or amendment of a forest resource processing facility licence shall provide the Minister with the same information required under subsection (1) if the renewal or amendment will authorize a change in the forest resource supply requirements of the facility. O. Reg. 167/95, s. 19 (2). 20. (1) A forest resource processing facility licence is subject to such terms and conditions as may be specified in the licence. O. Reg. 167/95, s. 20 (1). (2) The term of a forest resource processing facility licence shall not exceed five years and shall run from April 1 in a year until March 31 in another year. O. Reg. 167/95, s. 20 (2). 21. The annual fee for a forest resource processing facility licence is the amount set out in Column 4 of Schedule 3 opposite the characteristics of the facility described in Columns 1, 2 and 3. O. Reg. 167/95, s. 21. 22. The Minister may transfer a forest resource processing facility licence. O. Reg. 33/04, s. 1. 23. The Minister may amend a forest resource processing facility licence if, (a) the licensee fails to comply with the licence; (b) there is a significant change in the volume or kind of products produced by the facility; or (c) there is a significant change in the source, species or volume of supply of forest resources to the facility. O. Reg. 167/95, s. 23. 24. The Minister may suspend or cancel a forest resource processing facility licence, in whole or in part, if, (a) the licensee fails to comply with the licence; (b) the licensee fails to pay the annual fee for the licence; (c) there is no longer a sufficient supply of forest resources to operate the facility; (d) there is a significant change in the volume or kind of products to be produced by the facility; (e) the licensee becomes insolvent; or (f) the licensee purports to transfer the licence contrary to section 22. O. Reg. 167/95, s. 24. 25. Before amending, suspending or cancelling a forest resource processing facility licence, the Minister shall, (a) give the licensee written notice of the Minister’s intention to amend, suspend or cancel the licence and the reasons for the amendment, suspension or cancellation; and (b) give the licensee an opportunity to make representations to the Minister on the proposed amendment or on why the licence should not be suspended or cancelled. O. Reg. 167/95, s. 25. 26. The holder of a forest resource processing facility licence shall make an annual return to the Minister in the form provided by the Minister. O. Reg. 167/95, s. 26. Manuals 26.1 (1) In this section, “2020 Manual” means the Forest Management Planning Manual dated May, 2020 and referred to in subsection (4); (“Manuel de 2020”) “2024 Manual” means the Forest Management Planning Manual dated March, 2024 and approved under subsection (2). (“Manuel de 2024”) O. Reg. 177/24, s. 3. (2) The Forest Management Planning Manual prepared by the Ministry under paragraph 1 of subsection 68 (1) of the Act and dated March, 2024 is approved. O. Reg. 177/24, s. 3. (3) The 2024 Manual applies to, (a) forest management plans with effective dates that are on or after April 1, 2028; and (b) forest management plans with effective dates that are before April 1, 2028, subject to the phase-in provisions set out in that Manual. O. Reg. 177/24, s. 3. (4) The Forest Management Planning Manual prepared by the Ministry under paragraph 1 of subsection 68 (1) of the Act, dated May 2020 and previously approved under this Regulation continues to apply to forest management plans with effective dates that are before July 1, 2024, subject to the phase-in provisions set out in the 2024 Manual. O. Reg. 177/24, s. 3. 26.2 The Forest Information Manual prepared by the Ministry under paragraph 2 of subsection 68 (1) of the Act and dated March, 2024 is approved. O. Reg. 127/17, s. 2; O. Reg. 321/20, s. 2; O. Reg. 177/24, s. 4. 27. The Forest Operations and Silviculture Manual prepared by the Ministry under paragraph 3 of subsection 68 (1) of the Act and dated May, 2020 is approved. O. Reg. 127/17, s. 3; O. Reg. 321/20, s. 3. 28. The Scaling Manual prepared by the Ministry under paragraph 4 of subsection 68 (1) of the Act and dated March, 2024 is approved. O. Reg. 416/17, s. 1; O. Reg. 321/20, s. 4; O. Reg. 177/24, s. 5. 28.1 (1) Where the Minister is considering making amendments to the Forest Management Planning Manual and is of the opinion that any of the amendments under consideration would, if implemented, have a significant effect on the environment as determined in accordance with the factors set out in section 14 of the Environmental Bill of Rights, 1993, the Minister shall, (a) post notice of the amendments under consideration on the environmental registry in accordance with the Environmental Bill of Rights, 1993 and otherwise fulfil the requirements of that Act; and (b) notify in writing the following persons of the proposed amendment-making process for the purpose of obtaining their comments: 1. Persons who have indicated to the Ministry in writing that they are interested in providing comments on the next revision of the Forest Management Planning Manual. 2. Persons to whom, in the Minister’s opinion, an opportunity to provide comments should be given. 3. The Director of the Environmental Approvals Branch of the Ministry of the Environment. O. Reg. 428/03, s. 1; O. Reg. 353/12, s. 1. (2) The notice referred to in clause (1) (b) shall include, (a) details about how to obtain further information about the amendment-making process; (b) a statement that the notice will be or has been posted on the environmental registry under the Environmental Bill of Rights, 1993 and, if the notice has been posted, the registry number for the posting; and (c) the deadline for expressing an interest in participating in the amendment-making process and for providing comments on that process. O. Reg. 428/03, s. 1. (3) After comments have been received that arise out of the posting of a notice on the environmental registry under clause (1) (a) or a notice provided under clause (1) (b), the Minister may, if he or she intends to make changes to the process proposed in the notice, post an updated notice on the environmental registry, and provide a copy of it to the persons referred to in subsection (1). O. Reg. 428/03, s. 1. 28.2 Where the Minister is considering making amendments to the Forest Management Planning Manual and is of the opinion that the amendments under consideration, if implemented, would not have a significant effect on the environment as determined in accordance with the factors set out in section 14 of the Environmental Bill of Rights, 1993, the Minister may notify in writing the following persons of the amendment-making process for the purpose of obtaining comments: 1. Persons who have indicated to the Ministry in writing that they are interested in providing comments on the next revision of the Forest Management Planning Manual. 2. Persons to whom, in the Minister’s opinion, an opportunity to provide comments should be given. O. Reg. 428/03, s. 1. Crown Trees Not in Crown Forests 29. (1) The Minister may, without the approval of the Lieutenant Governor in Council, grant a licence to harvest trees that are not in a Crown forest but are reserved to the Crown. O. Reg. 167/95, s. 29 (1). (2) The licence is subject to such terms and conditions as may be specified in the licence. O. Reg. 167/95, s. 29 (2). (3) The licence may specify how the trees harvested under the licence shall be disposed of. O. Reg. 167/95, s. 29 (3). Harvesting for Personal Use 30. (1) For the purposes of clause 41.16 (1) (b) of the Act, a person may harvest forest resources for personal use without authorization in accordance with subsections (2) and (3) and section 36. O. Reg 377/22, s. 2 (2). (2) A person harvesting forest resources under subsection (1) shall comply with the following conditions: 1. A person may gather up to 10 cubic metres of downed wood per calendar year but shall not gather an amount of downed wood that results in the total amount gathered by all persons in the person’s household exceeding 10 cubic metres in the calendar year. 2. A person may gather downed wood or cut down standing dead trees for use as firewood in an area where the person is camping or carrying out other recreational activities but shall not transport it out of that area. The downed wood a person gathers under this paragraph does not count toward the amount of downed wood the person may gather or that may be gathered by all persons in the person’s household in a calendar year in accordance with paragraph 1. 3. A person may cut down one Christmas tree up to 2.5 metres in height per calendar year but shall not cut down a Christmas tree if another person in the person’s household has already cut down a Christmas tree in the calendar year. 4. A person may cut branches from standing trees provided that none of the branches have a diameter that is greater than 7.5 cm and the cutting is not likely to kill the tree. 5. A person may transplant up to five trees from a Crown forest that are less than 1.4 metres in height per calendar year but shall not transplant a quantity of trees that results in the total quantity transplanted by all persons in the person’s household exceeding five in the calendar year. O. Reg 377/22, s. 2 (2). (3) A person harvesting forest resources for personal use under this section shall not, (a) harvest forest resources unless they are at least 16 years of age or under the direct and immediate supervision of a person who is at least 16 years of age; (b) damage any living tree or part of a living tree except as otherwise permitted under paragraphs 3, 4 or 5 of subsection (2); (c) engage in harvesting for personal use while camping unless they are lawfully camping; (d) gather downed wood that has been stacked by the holder of a forest resource licence or permit; or (e) harvest a Christmas tree south of the French and Mattawa rivers. O. Reg 377/22, s. 2 (2). (4) For the purpose of subsection 41.18 (2) of the Act, a person may harvest forest resources for personal use on land that is subject to a forest resource licence in accordance with this Regulation. O. Reg 377/22, s. 2 (2). 31. (1) Any person harvesting forest resources for personal use other than in accordance with subsections 30 (2) and (3) shall obtain an authorization from the Minister. O. Reg 377/22, s. 2 (2). (2) The Minister may issue an authorization with a term of up to one year to a person who is at least 16 years of age. O. Reg 377/22, s. 2 (2). (3) An authorization expires on the earlier of the expiry date specified in the authorization and the date the holder of the authorization completes the personal use harvest of forest resources specified in the authorization. O. Reg 377/22, s. 2 (2). (4) The Minister shall not issue an authorization to a person in a calendar year if the authorization would, on its own or in combination with any number of authorizations previously issued by the Minister to the person in the calendar year, result in the person being authorized to, (a) cut down or gather more than a total of 20 cubic metres of standing trees or downed wood in the calendar year; or (b) transplant more than a total of 20 living trees that are up to 1.4 metres in height in the calendar year. O. Reg 377/22, s. 2 (2). (5) An authorization is subject to the conditions set out in sections 35 and 36 and any conditions specified in the authorization. O. Reg 377/22, s. 2 (2). 32. (1) The Minister may require a person who applies for an authorization to submit an application in a form developed by the Ministry. O. Reg 377/22, s. 2 (2). (2) An applicant for an authorization shall provide the information requested on the application form developed by the Ministry, which shall include an estimate of, (a) the volume of downed wood in cubic metres the person proposes to gather under the authorization; (b) the volume of standing trees in cubic metres the person proposes to cut down under the authorization; (c) the number of trees the person proposes to transplant under the authorization; and (d) where the harvesting for personal use will occur. O. Reg 377/22, s. 2 (2). (3) Before submitting an application to the Minister, a person shall ensure that, (a) all mandatory information requested on the form, including the contact information for the person, has been provided; and (b) the information provided on the form is complete and accurate. O. Reg 377/22, s. 2 (2). 33. (1) Prior to issuing an authorization, the Minister shall consider whether the authorization could adversely impact established or asserted aboriginal and treaty rights and whether any consultation with Indigenous communities is required. O. Reg 377/22, s. 2 (2). (2) After having considered the matters specified in subsection (1), and following any consultation, the Minister may, (a) issue the authorization; (b) issue the authorization with additional conditions including conditions to minimize any adverse impacts on established or asserted aboriginal or treaty rights; or (c) refuse to issue the authorization. O. Reg 377/22, s. 2 (2). 34. The Minister may refuse to issue an authorization for any reason consistent with the purposes of the Act, including, (a) that the applicant for the authorization has previously contravened or failed to comply with the conditions of an authorization or the requirements of this Regulation; or (b) the Minister is of the opinion that the harvesting that would be authorized under the authorization could, (i) be inconsistent with the protections provided by section 35 of the Constitution Act, 1982, or (ii) result in damage to plant or animal life, water, soil, air, or to a social or economic value, including a recreational value or heritage value. O. Reg 377/22, s. 2 (2). 35. Every holder of an authorization issued by the Minister under section 31 shall carry the authorization on themselves at all times while harvesting forest resources for personal use. O. Reg 377/22, s. 2 (2). 36. (1) Every person harvesting personal resources for personal use under section 30 or under an authorization issued by the Minister under section 31 shall comply with the following conditions: 1. Subject to paragraph 2 and subsection (2), a person may harvest forest resources for personal use only in the following areas of a Crown forest: i. An area of a Crown forest that is in a management unit designated pursuant to section 7 of the Act as of April 1, 2022 and north of the southern limit of the following management units, as those units existed as of April 1, 2022: A. Mazinaw-Lanark Forest, B. Bancroft-Minden Forest, C. French-Severn Forest. ii. An area of a Crown forest in the Far North as defined under the Far North Act, 2010. 2. Despite paragraph 1, a person shall not harvest forest resources for personal use in any of the following areas: i. An area of a Crown forest that is in a provincial park or a conservation reserve within the meaning of the Provincial Parks and Conservation Reserves Act, 2006. ii. An area of a Crown forest where forest operations are authorized to occur under a forest resource licence or where the removal of forest resources is authorized under a permit, and the licensee or permittee, its personnel or its equipment is present, or signs are posted indicating that forest operations are scheduled to occur. iii. An area of a Crown forest that is in the possession of, or occupied by, another person and that possession or occupation is authorized under the Aggregate Resources Act or the Public Lands Act, unless the person who is in the possession of or occupies the area provides express permission. 3. A person shall not do any of the following: i. Harvest forest resources in a way that results in the creation, extension or enhancement of a trail or road. ii. While accessing or harvesting forest resources, use a vehicle other than, A. an off-road vehicle within the meaning of the Off-Road Vehicles Act or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act, or B. a motor vehicle within the meaning of the Highway Traffic Act that has six wheels or less. iii. Leave tree limbs, tree-tops or other residual materials resulting from harvesting forest resources for personal use on a road right-of-way, a road surface or in a ditch. iv. Engage in any in-water activity while harvesting forest resources for personal use. v. Transport any forest resources harvested for personal use outside of Ontario. vi. Sell, trade or barter, or offer to sell, trade or barter any forest resources harvested for personal use or products created from such forest resources. O. Reg 377/22, s. 2 (2). (2) A person who is camping may harvest forest resources for personal use in accordance with paragraph 2 of subsection 30 (2) in any area of a Crown forest except an area of a Crown forest described in paragraph 2 of subsection (1) of this section. O. Reg 377/22, s. 2 (2). (3) A person may be assisted by one or more persons while harvesting forest resources for personal use under section 30 or under an authorization issued by the Minister under section 31. O. Reg 377/22, s. 2 (2). 37. (1) For the purposes of clause 41.16 (1) (b) of the Act, a person may, without an authorization, harvest forest resources for personal use pursuant to a right protected by section 35 of the Constitution Act, 1982 and is not required to comply with any conditions under section 30 or 36. O. Reg 377/22, s. 2 (2). (2) A person who harvests forest resources for personal use pursuant to a right protected by section 35 of the Constitution Act, 1982 is not required to seek an authorization under section 31 but may choose to seek such an authorization. O. Reg 377/22, s. 2 (2). (3) Sections 35 and 36 are not applicable in respect of an authorization issued to a person who harvests forest resources for personal use pursuant to a right protected by section 35 of the Constitution Act, 1982. O. Reg 377/22, s. 2 (2). (4) For greater certainty, despite subsection (3), an authorization sought under subsection (2) may, pursuant to the Minister’s authority under subsection 41.16 (3) of the Act, be subject to terms and conditions. O. Reg 377/22, s. 2 (2). (5) A person who harvests forest resources under subsection (1) or under the authority of an authorization sought under subsection (2) may, (a) be assisted by one or more persons when harvesting forest resources for personal use; and (b) for the purpose of subsection 41.18 (2) of the Act, harvest forest resources for personal use on land that is subject to a forest resource licence. O. Reg 377/22, s. 2 (2). ScheduleS 1, 2 Revoked: O. Reg. 448/97, s. 2. Schedule 3 Licence Fees for Forest Resource Processing Facilities Column 1 Type of Facility Column 2 Typical Products Column 3 Capacity Column 4 Annual Licence Fee A Pulp, Paper & Paperboard Products pulp, paper, newsprint, linerboard, corrugating medium, etc. any quantity $100 B Sawmill lumber, specialty solid wood products, by-product chips, shavings, sawdust, bark & hog fuel, etc. less than 25 cubic metres per 8 hour shift (all products) 10 C Sawmill lumber, specialty solid wood products, by-product chips, shavings, sawdust, bark & hog fuel, etc. 25 to 200 cubic metres per 8 hour shift (all products) 30 D Sawmill lumber, specialty solid wood products, by-product chips, shavings, sawdust, bark & hog fuel, etc. more than 200 cubic metres per 8 hour shift (all products) 50 E Veneer Mill veneer, cores, fines, bark, hog fuel, by-product chips, etc. any quantity 50 F Composite Panel or other Composite Solid Wood Processing Facility oriented strand board, waferboard, medium density fibreboard, particle board, hardboard, laminated veneer lumber, plywood, fines, bark & hog fuel, etc. any quantity 50 G Whole Tree Chippers wood chips, bark, etc. up to 5,000 cubic metres per year 10 H Whole Tree Chippers wood chips, bark, etc. more than 5,000 cubic metres per year 50 I Firewood Processing Facility fuelwood, etc. more than 35 cubic metres per year 30 J Other Wood Fibre Product Facility any product not specified in A to I up to 5,000 cubic metres per year 10 K Other Wood Fibre Product Facility any product not specified in A to I more than 5,000 cubic metres per year 50 O. Reg. 167/95, Sched. 3.