Timber Regulations, 1993

Regulations Respecting the Cutting and Removal of Timber His Excellency the Governor General in Council, on the recommendation of the Minister of Forestry, pursuant to section 6* of the Forestry Act**, is pleased hereby to revoke the Forestry Timber Regulations, C.R.C., c. 874, and to make the annexed Regulations respecting the cutting and removal of timber, in substitution therefor. S.C. 1989, c. 27, s. 18 S.C. 1989, c. 27, s. 14 These Regulations may be cited as the Timber Regulations, 1993. In these Regulations, applicant means an applicant for a permit who is an individual who has reached the age of majority as set out under the laws of the province in which the permit is to be issued, or a corporation, partnership or joint venture; (demandeur) cutting and removal of timber includes the cutting or removal of timber; (coupe et enlèvement du bois) debris means all debris that results from the cutting and removal of timber and includes any garbage that is brought into or left in a forest area and any logging slash on roads and other rights-of-way; (débris) fees means any stumpage or royalty to be paid for the cutting and removal of timber in a forest area or portion thereof; (droits) forest area means the lands referred to in section 5 of the Forestry Act; (région forestière) forestry officer means a person designated as a forestry officer pursuant to section 4; (agent forestier) Minister[Repealed, SOR/2017-52, s. 1] operator means an individual, a corporation, a partnership or a joint venture that enters into an agreement under section 14; (exploitant) timber means trees that are standing, that have fallen or that have been cut. (bois) These Regulations apply in respect of the cutting and removal of timber in a forest area. The Minister may designate as a forestry officer for the purposes of these Regulations any person who is employed by the Government of Canada; or contracted to perform services for the Government of Canada. Subject to subsection (2), no person shall cut and remove timber in a forest area except under the authority of a permit issued by a forestry officer pursuant to section 7 or an agreement entered into with the Minister under section 14. Subsection (1) does not apply to an employee of the Department of Forestry who is engaged in the cutting and removal of timber in a forest area in the performance of the employee’s duties. The fees that are to be paid for a permit issued under section 7 are those that are imposed by the province in which the forest area is located and to which the permit applies. For the purpose of issuing a permit for the cutting and removal of timber, a forestry officer shall cause a notice to be posted in a public place of any proposed cutting and removal of timber in a particular forest area or portion thereof; any information respecting the cutting and removal of timber that is relevant or that an applicant is required to supply; the date by which an applicant shall apply for a permit; and the name and address of the forestry officer to whom an application for a permit is to be directed. An applicant may apply for a permit in writing or in person to the forestry officer referred to in paragraph (1)(d). Subject to subsections (4) and (5), a forestry officer shall issue a permit to an applicant who if the applicant previously cut and removed timber under a permit issued or an agreement made pursuant to these Regulations, did not contravene the terms or conditions of that permit or agreement; applies within the time limit therefor; and if two or more applicants meet the criteria set out in paragraphs (a) and (b), has been selected by the drawing of lots. Before a forestry officer issues a permit to an applicant, the applicant shall pay to the Receiver General, by cheque or cash, the fees calculated by the forestry officer pursuant to section 6. A forestry officer shall not issue a permit to an applicant if the aggregate of the fees to be paid by the applicant exceeds $2,000 per fiscal year per forest area. A permit shall set out the forest area or portion thereof in which the timber is to be cut and removed; the approximate amount and the species of timber that the permit holder may cut; the means by which the timber is to be measured; and the terms and conditions respecting the cutting and removal of the timber that will allow for the protection of the forest area. If, under paragraph 7(6)(d) or 12(1)(b), the forestry officer includes terms or conditions in a permit or gives instructions for the protection of the forest area, those terms, conditions or instructions shall be to encourage regeneration and reforestation, to avoid damage to vegetation or to the timber that is not covered by the permit, and to avoid damage to the cutting and removal site and any animal habitats. Notwithstanding anything in these Regulations, a forestry officer shall issue a permit without requiring the payment of any fees, to any department or agency of the Government of Canada, for the cutting and removal in its own lands in a forest area of such timber as that department or agency may require for its purposes. Subject to subsection (2), timber that is cut under the authority of a permit shall be measured by a mill scale or by a scaler who holds a scaling licence that is valid in the province in which the timber is cut. Where the use of a mill scale or a scaler is not appropriate to the forest area or to the species, quantity or product of timber being cut, timber that is cut under the authority of a permit shall be measured by such method as the forestry officer considers appropriate, having regard to that forest area, species, quantity or product. Where a permit holder cuts and removes timber in excess of the amount set out in the permit, the permit holder shall pay to the Receiver General, by cheque or cash, fees calculated by a forestry officer pursuant to section 6 on the amount of that timber that exceeds the permitted amount. A forestry officer shall cancel a permit if the permit holder fails to observe any terms or conditions of the permit; fails or refuses to comply with such instructions for the protection of the forest area as have been given by the forestry officer who is supervising the cutting and removal of timber in the forest area; or fails to observe any municipal, provincial or federal law that pertains to forest activities in the forest area to which the permit applies. A forestry officer who cancels a permit pursuant to subsection (1) shall notify the permit holder in writing of the cancellation and of the reasons therefor. Within 21 days after receipt of a notice of cancellation referred to in subsection (2), the permit holder may in writing appeal the cancellation to the Minister. Within 30 days after receipt of an appeal under subsection (3), the Minister shall render a decision on the appeal. A permit may not be assigned or transferred. The Minister may, after making a public call for tenders, enter into an agreement for the cutting and removal of timber in a forest area with an individual who has reached the age of majority as set out under the laws of the province in which the agreement is entered into; or a corporation, partnership or joint venture. Subject to subsection (2), every operator shall provide a security deposit to the Minister with each tender to ensure due performance of the agreement by the operator. The amount of the security deposit, that is determined by the Minister in the agreement, shall be not less than 10% of the tender price. The Minister shall apply the security deposit provided pursuant to subsection (1) to the tender price of the agreement. An agreement shall be in a form approved by the Minister and may contain terms, conditions or information respecting, but not necessarily limited to, the payment schedule for the tender price of the agreement, including the security deposit; the forest area or portion thereof in which the operator may cut and remove timber; the quantity, product or species of timber that the operator may cut; timber utilization standards; scaling and measurement practices; protection of the environment; silviculture; the location of and standards for roads, trails, landing areas, buildings or other works that are to be constructed by the operator; default and termination of the agreement; and indemnity by the operator. [Repealed, SOR/2017-52, s. 7] Every permit holder and every operator shall remove from the forest area within any period that is specified in the permit or agreement or, if no period is specified in it, within 12 months after the expiry of the permit or the completion of operations in accordance with the agreement, all buildings and other works owned by the permit holder or operator; all equipment that was brought into the forest area in connection with the cutting and removal of timber; and all debris. However, on the request of the permit holder or operator and before the expiry of the period referred to in subsection (1), the forestry officer may extend that period by a maximum of 12 months having regard to the circumstances beyond the permit holder’s or operator’s control that prevent them from removing the things referred to in paragraphs (1)(a) to (c) within the specified period.