Acts and Regulations

86-160 - Timber

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Full text
Current to 3 November 2023
NEW BRUNSWICK
REGULATION 86-160
under the
Crown Lands and Forests Act
(O.C. 86-918)
Filed November 20, 1986
Under section 95 of the Crown Lands and Forests Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the Timber Regulation - Crown Lands and Forests Act.
2In this Regulation
“Act” means the Crown Lands and Forests Act;(Loi)
“Advisory Board” means the Advisory Board established under section 69 of the Act;(Conseil consultatif)
“appeal board” means the Forest Audit Appeal Board established under section 31.4 of the Act;(Commission d’appel)
“compliance action plan” means a compliance action plan referred to in section 31.2 of the Act; (plan des mesures de conformité)
“day” includes a portion of a day;(jour)
“forest audit report” means a forest audit report referred to in section 31.2 of the Act; (rapport de la vérification forestière)
“forest management manual” means the manual that is part of a forest management agreement entered into between the Minister and a licensee in accordance with subsection 29(1) of the Act;(manuel d’aménagement forestier)
“merchantable bolt” Repealed: 2004-30
“merchantable piece” means any piece of the principal stem of a cut, felled or damaged tree if the piece has at any point along its length a diameter of 8.0 centimetres outside bark or greater;(pièce marchande)
“merchantable tree” means any standing or leaning tree that has a diameter at breast height of 9.1 centimetres outside bark or greater;(arbre marchand)
“operating plan” means an operating plan required to be submitted by a licensee under paragraph 29(1)(c) of the Act;(plan d’exploitation)
“special area” means Crown Lands that are designated for research, seed production or other such purpose by the Minister.(zone spécial)
2003, c.P-19.01, s.37; 2004-30; 2009-107
FOREST OPERATIONS COMPLIANCE AUDITS
2009-107
2.1(1)A forest audit report shall assess the compliance of a licensee and assign one of the following categories to each instance of non-compliance:
(a) not significant;
(b) minor significant; and
(c) major significant.
2.1(2)The assignment of an instance of non-compliance to one of the categories referred to in subsection (1) shall be based on, but not limited to, the following factors:
(a) whether the non-compliance is found frequently or infrequently in the forest operations compliance audit or was found frequently or infrequently in previous forest operations compliance audits; and
(b) whether the impact of the non-compliance on the environment or on forest resources is severe or not severe.
2.1(3)If an instance of non-compliance is categorized as not significant in a forest audit report, the forest audit report shall not require the licensee to submit a compliance action plan or impose a penalty.
2.1(4)If an instance of non-compliance is categorized as minor significant in a forest audit report, the forest audit report shall require the licensee to submit a compliance action plan and a penalty shall be imposed in a range set out in Schedule B for the category of non-compliance.
2.1(5)If an instance of non-compliance is categorized as major significant in a forest audit report, the forest audit report shall require the licensee to submit a compliance action plan and a penalty shall be imposed in a range set out in Schedule B for the category of non-compliance.
2.1(6)A compliance action plan required to be submitted by a licensee in response to a forest audit report shall, if applicable,
(a) identify the severity and scope of the instance of non-compliance,
(b) identify any corrective action or other measures to remedy the instance of non-compliance,
(c) specify a timeline during which the corrective action or other measures will be completed,
(d) identify any preventative action by which the licensee may avoid further instances of non-compliance, and
(e) specify a timeline during which any preventative action will be completed.
2009-107
2.2After the Minister establishes the range of the penalty under section 2.1, the amount of a penalty imposed by a forest audit report shall reflect
(a) whether there was any attempt to mitigate the instance of non-compliance,
(b) whether the licensee used best management practises,
(c) whether any action has been taken to prevent a recurrence of the instance of non-compliance,
(d) whether the licensee has a history of other instances of non-compliance,
(e) the degree of wilfulness or negligence involved in the instance of non-compliance, and
(f) any other factor the Minister considers relevant.
2009-107
2.3(1)Any person directly affected by the findings of a forest audit report may appeal the findings of the report by serving a notice of appeal on the chair of the appeal board by registered mail or personal service within 15 days after receiving the report.
2.3(2)The appeal board may refuse to accept a notice of appeal if, in the appeal board’s opinion, the appeal is frivolous, vexatious or an abuse of process or it finds that the only ground for appeal established is a defect in form or technical irregularity.
2.3(3)A notice of appeal referred to in subsection (1) shall
(a) include the name and address of the person making the appeal,
(b) contain a statement of the matter being appealed, including the grounds for the appeal, and
(c) be accompanied by the security referred to in section 31.6 of the Act in an amount of $3,500.
2009-107
2.4(1)The chair of the appeal board shall, as soon as possible, serve on the person making the appeal, the Minister and any other person who, in the opinion of the chair, may be affected by the appeal written notice of the time, date and place the appeal is to be heard.
2.4(2)The appeal board shall hear the appeal at the time, date and place referred to in the notice under subsection (1) but it may, at the request of any party to the appeal, adjourn the appeal for such period of time as it considers appropriate.
2009-107
2.5(1)The chair, vice-chair and members of the appeal board are entitled to be reimbursed for traveling and other expenses incurred by them in the performance of their duties in accordance with the Travel Directive of the Treasury Board.
2.5(2)The chair and the vice-chair of the appeal board shall serve without salary but, when engaged in making a decision, conducting a hearing or dealing with a matter under appeal, shall be paid a daily allowance of $500 for each day or $250 for each half-day, or part of the day.
2009-107; 2016, c.37, s.45
2.6(1)If an appeal is to be conducted, a panel of the appeal board shall be convened by the chair to conduct the appeal on behalf of the appeal board and shall consist of
(a) the chair of the appeal board or, at the discretion of the chair, the vice-chair of the appeal board,
(b) a member appointed under paragraph 31.4(2)(c) of the Act, and
(c) a member appointed under paragraph 31.4(2)(d) of the Act.
2.6(2)If no chair has been appointed or the chair is unable for any reason to convene a panel of the appeal board or is unable for any reason to exercise his or her discretion under paragraph (1)(a), the vice-chair shall act in place of the chair.
2.6(3)A panel of the appeal board may act as and has the powers and duties of the appeal board.
2009-107
2.7The appeal board in carrying out its duties under the Act and this Regulation shall
(a) have all the powers, privileges and immunities of a commissioner under the Inquiries Act and the procedural safeguards contained in the regulations under that Act, when applicable to and not inconsistent with the provisions of this Regulation,
(b) allow the appellant and the Minister or their authorized representatives to appear before the appeal board and present such information and testimony as they see fit, if it is relevant to the matter under consideration, and
(c) allow the appellant or the person’s authorized representative to be present at all times during the testimony of the Minister or the Minister’s authorized representatives.
2009-107
2.8(1)All hearings of the appeal board shall be closed to the public.
2.8(2)No member of the appeal board shall discuss the appeal with any party to the appeal before the hearing of the appeal.
2.8(3)The appeal board may receive information on oath, affidavit or otherwise, which in its discretion, it considers fit and proper, whether or not admissible as evidence in a court of law.
2.8(4)No proceeding of the appeal board shall be invalid by reason only of a defect in form or a technical irregularity.
2.8(5)An appeal shall be decided upon its own merits and in accordance with the Act and this Regulation.
2.8(6)The Minister shall provide the clerical and other assistance that is required for the conduct of the appeal board.
2009-107
2.9(1)The decision of the appeal board shall be in writing and shall include
(a) the reasons for the decision,
(b) the date on which the decision was made,
(c) any directions to the Minister respecting the implementation of the decision, and
(d) any other remarks the appeal board considers relevant.
2.9(2)The decision of the appeal board shall be signed by the chair.
2.9(3)The decision of the majority of the members of the appeal board who hear an appeal shall be the decision of the appeal board and shall be final and conclusive and is not subject to appeal or review.
2.9(4)The decision of the appeal board shall be made and copies of the decision mailed to the Minister and to all parties to the appeal within 30 days after the conclusion of the hearing.
2.9(5)If the appeal board revokes or modifies the findings of the forest audit report, on receipt of the decision, the Minister shall amend the forest audit report to comply with the decision of the appeal board.
2009-107
PENALTIES
3(1)Where a licensee is in default of a provision contained in a forest management agreement which requires the submission of an operating plan on or before a date specified in the forest management agreement, the Minister may impose a fine of five hundred dollars per day for each day that the submission of the operating plan is overdue.
3(2)The penalty to be imposed where a licensee harvests timber without having submitted an operating plan in accordance with the provisions of a forest management agreement referred to in subsection (1) is
(a) double the royalty for all timber harvested before the approval of the submitted operating plan, and
(b) one thousand dollars per day for each day during which such harvesting was carried out,
and the Minister may order the licensee or sub-licensee to stop any harvesting operation until the operating plan is approved.
4The penalty to be imposed where a licensee fails to provide a report on or before the last day of June, in accordance with section 39 of the Act, is five hundred dollars per day for each day that the report is overdue.
5The penalty to be imposed where a licensee or sub-licensee is, in the opinion of the Minister, in breach of any provision of an approved operating plan is
(a) three times the royalty for all timber harvested on each day during which such breach occurs or continues,
(b) fifty to five hundred dollars per day, depending on the severity of the offence, for each day during which such breach occurs or continues, or
(c) both penalties referred to in paragraphs (a) and (b),
and the Minister may order the licensee or sub-licensee to stop any timber harvesting operations until he is satisfied that the approved operating plan is being or will be complied with.
6The penalty to be imposed where a licensee or sub-licensee is in default of a provision in a forest management agreement which requires that the Minister be notified before the commencement of harvesting in a timber harvesting area or that the Minister receive scale reports is, at the discretion of the Minister
(a) double the royalty for all timber harvested before notification of commencement of harvesting or for each day that the scale report is overdue, as the case may be,
(b) fifty dollars for each day in which harvesting is carried on in the area before the notification or for each day that the scale report is overdue, as the case may be, or
(c) both penalties referred to in paragraphs (a) and (b).
7The penalty to be imposed where a licensee or sub-licensee is in default of a provision in a forest management agreement which, without the prior approval of the Minister, prohibits the harvesting of timber in special areas is
(a) four times the royalty for all timber harvested before approval, and
(b) one thousand dollars for each day during which harvesting was carried on before the giving of such approval.
CROWN TIMBER RIGHTS
95-137
7.1(1)Subject to subsections (2) and (3), the penalty to be imposed where the holder of a Crown timber right granted under subsection 56(1) of the Act is, in the opinion of the Minister, in violation of a term or condition prescribed by the Minister is, at the discretion of the Minister,
(a) three times the royalty for all timber harvested on each day during which the violation occurs or continues,
(b) fifty to five hundred dollars per day, depending on the severity of the violation, for each day during which the violation occurs or continues, or
(c) both penalties referred to in paragraphs (a) and (b).
7.1(2)Where, in the opinion of the Minister, the holder of a Crown timber right granted under subsection 56(1) of the Act fails to notify the Minister before commencing to harvest in a timber harvesting area, as required by a term or condition prescribed by the Minister, the penalty to be imposed is, at the discretion of the Minister,
(a) twice the royalty for all timber harvested by the holder before the day on which notification is given as required,
(b) fifty dollars per day for each day during which the harvesting is carried on by the holder before the day on which notification is given as required, or
(c) both penalties referred to in paragraphs (a) and (b).
7.1(3)Where, in the opinion of the Minister, the holder of a Crown timber right granted under subsection 56(1) of the Act for the specific purpose of permitting the collection of balsam fir tips is in violation of a term or condition prescribed by the Minister, the penalty to be imposed is fifty dollars.
95-137
8The charge for an unauthorized harvest referred to in paragraph 58.1(d) of the Act to be paid by a licensee where timber is cut down or damaged on Crown Lands or removed from Crown Lands and where the licensee has not notified the Minister of the cutting, damage or removal, is three times the royalty that would have been payable if the timber had been harvested as authorized under the Act or any other Act.
90-81
WASTEFUL CUTTING PRACTICES
9Wasteful cutting practices are prohibited on Crown Lands.
10Wasteful cutting practices include:
(a) cutting any tree so that the stump height is greater than 30 centimetres above average ground level;
(b) not cutting a merchantable tree of a species identified in an operating plan as a species to be cut or not taking to the roadside any merchantable piece;
(c) leaving at the roadside any merchantable piece referred to in paragraph (b) for a period of more than thirty days after having been given notice in writing by the Minister to remove it;
(d) long-butting any merchantable tree which is not a cull under the Scalers Act; and
(e) cutting or damaging any tree not specified to be cut in an operating plan.
2004-30
11Penalties with respect to wasteful cutting practices are as follows:
(a) for cutting any tree so that the stump height is greater than 30 centimetres above average ground level, two dollars per stump;
(b) for not cutting a merchantable tree of a species identified in an operating plan as a species to be cut or not taking to the roadside any merchantable piece, two dollars per merchantable tree or merchantable piece;
(c) for leaving at the roadside any merchantable piece referred to in paragraph (b) for a period of more than thirty days after having been given notice in writing by the Minister to remove it, two dollars per merchantable piece;
(d) for long-butting any merchantable tree which is not a cull under the Scalers Act, two dollars per merchantable tree or portion thereof; and
(e) for cutting or damaging any tree not specified to be cut in an operating plan, two dollars for each tree cut or damaged, in addition to four times the royalty for that class of timber.
2004-30
12(1)If a penalty has been imposed on a licensee, sub-licensee or permittee under section 11 and the licensee, sub-licensee or permittee subsequently utilizes the timber with respect to which the penalty was imposed, the Minister may, in the Minister’s discretion having regard to the costs incurred and the efficiency of the salvage operation, refund or credit to the licensee a part of that penalty not exceeding seventy per cent.
12(2)If a penalty has been imposed under section 11 and the holder of a Crown timber right subsequently utilizes the timber with respect to which the penalty was imposed, the Minister may, in the Minister’s discretion having regard to the costs incurred and the efficiency of the salvage operation, refund or credit to the holder a part of that penalty not exceeding seventy per cent.
95-137
TENDERS
13(1)A call for tenders to buy the rights to cut timber on Crown Lands that is referred to in paragraph 56(1)(b) of the Act shall be advertised by publication of a notice at least once in a newspaper having general circulation in the area where the Crown Lands are located at least three weeks before the close of the call for tenders.
13(2)A notice of a call for tenders shall state the date and time when the tenders shall be opened, the place where tenders shall be received and any conditions of the tender.
TIMBER MATCHING
97-48
13.1The Wood Matching Analysis developed by the Wood Science and Technology Centre, The University of New Brunswick, is a method for the purposes of subsection 67.1(2) of the Act.
97-48
ADVISORY BOARD
14The Advisory Board may be referred to as the Crown Lands and Forests Advisory Board.
15(1)The remuneration of the member who is designated as chairman of the Advisory Board is one hundred and fifty dollars for each day or part of a day that he sits as chairman.
15(2)The remuneration of each member of the Advisory Board other than the chairman is one hundred dollars for each day or part of a day that the member attends meetings of the Board or of a committee of the Board.
15(3)The chairman and each member of the Advisory Board shall receive as reimbursement of expenses those travel costs, meal costs and lodging costs reasonably and necessarily incurred to enable the performance of their duties at a sitting of the Board or at meetings of a committee of the Board.
16(1)The duties of the Advisory Board are:
(a) to advise the Minister on all matters related to policies and practices required under the Act, including revisions to a forest management manual;
(b) to assist the Minister in evaluating the performance of all licensees, sub-licensees and permittees in providing management of Crown Lands;
(c) to advise the Minister on any dispute referred by him to the Advisory Board
(i) relating to operating plans of licensees, or
(ii) relating to management plans of licensees;
(d) to consult with and advise the Minister with regard to a matter referred to the Advisory Board under section 47 of the Act;
(e) to provide advice to the Minister with regard to any matter referred by him to the Advisory Board;
(f) to assist the Minister in evaluating services and benefits provided to the citizens of the Province under the Act;
(g) to provide advice to the Minister in order to assist him in making recommendations to the Lieutenant-Governor in Council with regard to fair market value of standing timber and the royalty payable thereon; and
(h) to do all things required to be done by it as may be required by the Act, this Regulation or any agreement invoking the Advisory Board’s assistance or advice.
16(2)The Advisory Board
(a) shall meet at least once per year,
(b) shall meet upon the call of the chairman or the Minister,
(c) shall be chaired by the Deputy Minister of Natural Resources and Energy Development in the absence of the chairman, and
(d) may make its own rules of procedure which shall not contravene any set forth in this Regulation.
16(3)Advice, recommendations, comments and directions of the Advisory Board
(a) shall be in writing,
(b) shall reflect a unanimous position, but if such a position cannot be obtained a majority statement shall be given and a minority statement may be given, and
(c) shall be available to the public.
2004, c.20, s.16; 2016, c.37, s.45; 2019, c.29, s.171
17No member of the Advisory Board, or of a committee of the Advisory Board established under subsection 69(3) of the Act shall disclose, publish or communicate to any person any correspondence, statement, record, report, document or other information provided to the member in the course of and in relation to his carrying out his duties as a member of the Advisory Board or of the committee.
18(1)The Minister may
(a) appoint a person to be the chairman, and
(b) designate the times of meeting,
of a committee of the Advisory Board established under subsection 69(3) of the Act.
18(2)A committee of the Advisory Board established under subsection 69(3) of the Act may make its own rules of procedure which shall not contravene any set forth in this Regulation.
COMPENSATION FOR FOREST MANAGEMENT EXPENSES
2011-33
18.1A licensee shall be compensated $3/m³ annually for the allowable allocation of timber under the licensee’s Crown timber license for the expenses of forest management.
2011-33; 2012-105; 2013-68; 2014-126; 2015-39; 2016-57; 2023-46
CROWN TIMBER SUB-LICENSE
19A Crown timber sub-license shall be in Form 1.
ROYALTIES
20Timber on Crown Lands is classified in accordance with the classes prescribed in Schedule A.
21(1)The fair market value of standing timber on Crown Lands by class for the purposes of establishing royalties is prescribed in Schedule A.
21(2)Repealed: 2023-39
2023-39
22The rate of interest on any royalty, charge, penalty, sale price or rental authorized by the Act which is due and unpaid is 13.5% per year, compounded monthly.
87-32; 91-41; 2008-149
23Payment of the royalties and charges with respect to the harvesting of timber on Crown Lands shall be made in the form of cash, cheque or money order within thirty days after the date of the invoice.
24New Brunswick Regulations 82-43, 82-204, 84-231 and 84-232 under the Crown Lands and Forests Act are repealed.
SCHEDULE A
Column 1
Column 2
Column 3
Class of Timber
Species or
Groups of
Species of
Timber in a
Class
Fair Market
Value
 
sawlogs
mixed hardwood
$24.28/m³
 
poplar
$10.84/m³
white pine
$15.50/m³
spruce, fir and jack pine
$21.83/m³
cedar
$20.52/m³
 
other softwood
$15.97/m³
 
studwood
spruce, fir and jack pine
$18.40/m³
 
cedar
$20.52/m³
 
poles and pilings
red pine
$15.97/m³
 
pulpwood
mixed softwood
$3.43/m³
mixed hardwood
$10.84/m³
poplar
$10.84/m³
 
shinglewood
cedar
$18.45/m³
 
Oriented Strand Board
mixed softwood
$3.43/m³
mixed hardwood
$10.84/m³
poplar
$10.84/m³
 
fuelwood
mixed hardwood
$10.84/m³
 
forest biomass
mixed species
$2.00/m³
 
weir stakes
any softwood species
$15.97/m³
 
weir stakes
any hardwood species
$24.28/m³
 
top poles
any species
$24.28/m³
 
weir brush
any species
$10.00 per permit
 
tips, branch material
balsam fir, cedar and pine
$20.00 per permit
87-24; 88-58; 89-42; 90-39; 91-54; 92-78; 93-2; 93-117; 94-36; 95-54; 96-29; 97-107; 98-40; 99-46; 2000-28; 2001-41; 2002-52; 2003-28; 2004-23; 2005-24; 2006-53; 2007-68; 2008-78; 2009-70; 2010-97; 2011-33; 2012-35; 2013-25; 2014-158; 2015-32; 2022-49; 2023-39
SCHEDULE B
Range of penalties under section 31.2 of the Act
Category
Range
Not significant
Nil
Minor significant
$1,000 to $10,000
Major significant
$10,000 to $25,000
2009-107
N.B. This Regulation is consolidated to November 3, 2023.