Acts and Regulations

C-38.1 - Crown Lands and Forests Act

Section 29
Disposition versions

Full text
Forest management agreement
29(1)A forest management agreement shall set out the responsibilities of the Minister and the licensee for the management and use of Crown Lands described therein on behalf of the licensee and sub-licensees and shall require the submission of
(a) an industrial plan,
(b) a management plan, and
(c) an operating plan,
by the licensee in accordance with the instructions of the Minister; and, when submitted, any such plan and any revision thereof becomes part of the forest management agreement.
29(2)An industrial plan shall, for a ten year period, describe all aspects of the licensee’s wood processing facility, including
(a) plant investment,
(b) employment levels,
(c) plant and production capacity,
(d) end product production levels,
(e) all expected sources of wood for the facility, by species and class, including freehold and Crown Lands,
(f) markets to be served, and
(g) other information required by regulation,
and shall be revised and brought up to date before the expiration of the first five year period of the industrial plan.
29(3)Every industrial plan, and every revision thereof, is subject to the approval of the Lieutenant-Governor in Council, and the Lieutenant-Governor in Council may withhold his approval until such alterations as he considers necessary have been made.
29(4)A management plan shall, for a twenty-five year period,
(a) describe the objectives for which Crown Lands and the resources of Crown Lands will be used by the licensee and sub-licensees,
(b) describe the manner in which the licensee will manage Crown Lands under his license with respect to
(i) silviculture,
(ii) timber harvesting,
(iii) fire protection,
(iv) road construction and maintenance,
(v) forest recreation,
(vi) fish and wildlife habitat,
(vii) watershed protection,
(viii) general land management, and
(ix) other matters prescribed by regulation, and
(c) provide such other information as is required by regulation,
and shall be revised and brought up to date every five years.
29(5)An operating plan shall, for a one-year period
(a) firstly, identify the total volume of wood to be used in any wood processing facility of the licensee or any sub-licensee,
(b) secondly, identify the proportions of wood supply to be used in any wood processing facility of the licensee or any sub-licensee
(i) from private woodlots or Producer Associations in the Province,
(ii) from freehold lands owned or controlled by the licensee,
(iii) from other sources within and without the Province,
(iv) through exchanges of wood or wood products, and
(v) from Crown Lands,
(c) thirdly, describe the operations the licensee and every sub-licensee will carry out under the licence and sub-licences, and how these operations will be integrated, including
(i) the areas of Crown Lands in which harvesting will be carried out,
(ii) the quantities of timber by species and product to be harvested,
(iii) the conditions under which the harvesting will be carried out,
(iv) the sharing of harvesting responsibilities, management and costs,
(v) silvicultural treatments,
(vi) the management of the fish and wildlife habitat,
(vii) the plans for the construction of new forest roads and the maintenance of existing forest roads,
(viii) the distribution of wood harvested, and
(ix) other information required by regulation,
and shall be revised and brought up to date annually.
29(6)A management plan and an operating plan shall
(a) be prepared by or under the direction of a registered professional forester, and
(b) be signed by the registered professional forester who prepared or directed the preparation of the plans.
29(7)Every management plan and operating plan, and every revision thereof, is subject to the approval of the Minister, and the Minister may withhold his approval until such alterations as he considers necessary have been made.
29(7.1)The Minister, during the process of approving an operating plan under subsection (7), shall ensure that private woodlots are a source of wood supply consistent with the principles of
(a) proportional supply, and
(b) sustained yield.
29(7.2)If, during the process of approving an operating plan of a licensee under subsection 29(7), the Minister determines that a licensee or any of its sub-licensees have, in the preceding year in relation to the wood used in a wood processing facility, failed to purchase ninety-eight per cent or more of the proportion identified to be used in any wood processing facility from private woodlots in the operating plan for that year, the Minister may amend the operating plan of that licensee for the subsequent year by reducing the volume of timber that may be taken by the licensee, or sub-licensee, or both, from Crown land in the subsequent year by a volume equal to the shortfall in volume of wood that should have been purchased from private woodlots in the previous year.
29(7.3)If the Minister is advised in writing of a breach of a contract with respect to the delivery schedule for wood between the owner of a private woodlot or the owner’s authorized agent and the owner of a wood processing facility who is also a licensee or sub-licensee, the Minister, after review of the allegation, may unilaterally amend the operating plan of that licensee to increase or decrease access to Crown Lands for timber for a period of time specified by the Minister in writing.
29(8)Where the licensee does not provide or revise, or in the opinion of the Minister is unable to provide or revise, a plan required by this section within a period specified by the Minister, the Minister may prepare or revise the plan, and the cost of preparing or revising the plan shall be a charge owing by the licensee to the Minister.
29(9)A forest management agreement shall be reviewed by the Minister and the licensee during the first six months following the expiration of each five year period of the agreement.
1983, c.24, s.13; 1986, c.27, s.9; 1992, c.26, s.3; 2001, c.40, s.2
Forest management agreement
29(1)A forest management agreement shall set out the responsibilities of the Minister and the licensee for the management and use of Crown Lands described therein on behalf of the licensee and sub-licensees and shall require the submission of
(a) an industrial plan,
(b) a management plan, and
(c) an operating plan,
by the licensee in accordance with the instructions of the Minister; and, when submitted, any such plan and any revision thereof becomes part of the forest management agreement.
29(2)An industrial plan shall, for a ten year period, describe all aspects of the licensee’s wood processing facility, including
(a) plant investment,
(b) employment levels,
(c) plant and production capacity,
(d) end product production levels,
(e) all expected sources of wood for the facility, by species and class, including freehold and Crown Lands,
(f) markets to be served, and
(g) other information required by regulation,
and shall be revised and brought up to date before the expiration of the first five year period of the industrial plan.
29(3)Every industrial plan, and every revision thereof, is subject to the approval of the Lieutenant-Governor in Council, and the Lieutenant-Governor in Council may withhold his approval until such alterations as he considers necessary have been made.
29(4)A management plan shall, for a twenty-five year period,
(a) describe the objectives for which Crown Lands and the resources of Crown Lands will be used by the licensee and sub-licensees,
(b) describe the manner in which the licensee will manage Crown Lands under his license with respect to
(i) silviculture,
(ii) timber harvesting,
(iii) fire protection,
(iv) road construction and maintenance,
(v) forest recreation,
(vi) fish and wildlife habitat,
(vii) watershed protection,
(viii) general land management, and
(ix) other matters prescribed by regulation, and
(c) provide such other information as is required by regulation,
and shall be revised and brought up to date every five years.
29(5)An operating plan shall, for a one-year period
(a) firstly, identify the total volume of wood to be used in any wood processing facility of the licensee or any sub-licensee,
(b) secondly, identify the proportions of wood supply to be used in any wood processing facility of the licensee or any sub-licensee
(i) from private woodlots or Producer Associations in the Province,
(ii) from freehold lands owned or controlled by the licensee,
(iii) from other sources within and without the Province,
(iv) through exchanges of wood or wood products, and
(v) from Crown Lands,
(c) thirdly, describe the operations the licensee and every sub-licensee will carry out under the licence and sub-licences, and how these operations will be integrated, including
(i) the areas of Crown Lands in which harvesting will be carried out,
(ii) the quantities of timber by species and product to be harvested,
(iii) the conditions under which the harvesting will be carried out,
(iv) the sharing of harvesting responsibilities, management and costs,
(v) silvicultural treatments,
(vi) the management of the fish and wildlife habitat,
(vii) the plans for the construction of new forest roads and the maintenance of existing forest roads,
(viii) the distribution of wood harvested, and
(ix) other information required by regulation,
and shall be revised and brought up to date annually.
29(6)A management plan and an operating plan shall
(a) be prepared by or under the direction of a registered professional forester, and
(b) be signed by the registered professional forester who prepared or directed the preparation of the plans.
29(7)Every management plan and operating plan, and every revision thereof, is subject to the approval of the Minister, and the Minister may withhold his approval until such alterations as he considers necessary have been made.
29(7.1)The Minister, during the process of approving an operating plan under subsection (7), shall ensure that private woodlots are a source of wood supply consistent with the principles of
(a) proportional supply, and
(b) sustained yield.
29(7.2)If, during the process of approving an operating plan of a licensee under subsection 29(7), the Minister determines that a licensee or any of its sub-licensees have, in the preceding year in relation to the wood used in a wood processing facility, failed to purchase ninety-eight per cent or more of the proportion identified to be used in any wood processing facility from private woodlots in the operating plan for that year, the Minister may amend the operating plan of that licensee for the subsequent year by reducing the volume of timber that may be taken by the licensee, or sub-licensee, or both, from Crown land in the subsequent year by a volume equal to the shortfall in volume of wood that should have been purchased from private woodlots in the previous year.
29(7.3)If the Minister is advised in writing of a breach of a contract with respect to the delivery schedule for wood between the owner of a private woodlot or the owner’s authorized agent and the owner of a wood processing facility who is also a licensee or sub-licensee, the Minister, after review of the allegation, may unilaterally amend the operating plan of that licensee to increase or decrease access to Crown Lands for timber for a period of time specified by the Minister in writing.
29(8)Where the licensee does not provide or revise, or in the opinion of the Minister is unable to provide or revise, a plan required by this section within a period specified by the Minister, the Minister may prepare or revise the plan, and the cost of preparing or revising the plan shall be a charge owing by the licensee to the Minister.
29(9)A forest management agreement shall be reviewed by the Minister and the licensee during the first six months following the expiration of each five year period of the agreement.
1983, c.24, s.13; 1986, c.27, s.9; 1992, c.26, s.3; 2001, c.40, s.2