CNLR 1108/96 - Cutting of Timber Regulations under the Forestry Act

CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 1108/96 Cutting of Timber Regulations under the Forestry Act (O.C. 96-937) Amended by: 54/96 s1 2001 c42 s45 52/02 34/08 43/14 87/19 CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 1108/96 Cutting of Timber Regulations under the Forestry Act (O.C. 96-937) Under the authority of section 38 of the Forestry Act and the Subordinate Legislation Revision and Consolidation Act , the Lieutenant-Governor in Council makes the following regulations. REGULATIONS Analysis 1. Short title 2. Definitions 3. Prohibition 3.1 Load slip 3.2 Load slip administration 3.3 Employer and employee duties 4. Domestic cutting permit 5. Permit expiry 6. Legally obtained timber 7. Presumption 8. On site inspection 9. Cutting prohibited 10. Boundaries to be described 11. Harvest of mature stands 12. Utilization of trees 13. Stumps 14. Harvest for sawlogs 15. Harvest of pulpwood 16. Conditions to be met 17. Harvest of immature stand 18. Timber to be removed 19. No additional rights created 20. Harvestable volume 21. Restoration of work areas 22. Residual volumes 23. Cutting of sawlogs 24. Permit return 25. Acquisition of timber 26. Security bond 27. Timber purchase licence 28. Timber export permit 29. Return 30. Permits and licences 31. Rep. by 43/14 s1 32. Cancellation of permit or licence 33. Licence or permit not issued 34. Consequence of breach 35. Minister may refuse permit or licence 36. Offence and penalty 37. Repeal Schedule - Rep. by 43/14 s2 Short title 1. These regulations may be cited as the Cutting of Timber Regulations. 163/93 s1 Back to Top Definitions 2. In these regulations (a) "Act" means the Forestry Act; (b) "commercial cutting permit" means a permit issued under these regulations to cut timber for sale or barter; (c) "commercial cutting permit return" means a form showing the total of all volumes cut and royalty owing for each of the prescribed 3 month periods ending March 31, June 30, September 30 and December 31 of the year in accordance with a commercial cutting permit; (c.1) "commercial timber" means timber, excluding wood chips and timber slabbed on one or more sides, that is cut for sale or barter; (d) "Crown timber" means timber that has not been alienated from the Crown and includes timber in respect of which the Crown may demand and receive a royalty; (e) "Crown timber licence" means a licence issued under section 15 of the Act; (f) "cut" means to fell, uproot, remove or otherwise damage timber from Crown lands or public lands; (g) "cutting permit" means either a "commercial cutting permit" or "domestic cutting permit"; (h) "department" means the Department of Forestry and Agrifoods; (i) "domestic cutting permit" means a permit issued under these regulations to cut up to 36 cubic metres stacked of timber for personal use and to give as a gift and not for sale or barter; (j) "domestic return" means a signed declaration of the volume of timber cut under a domestic cutting permit; (j.1) "highway" means a place or way, including a structure forming a part of the place or way, designed and intended for use by the public for the passage of traffic and includes all the space between the boundary lines of the place or way and forest access roads; (k) "immature stand" means a stand of timber where less than 50% of the timber is merchantable timber; (k.1) "load slip" means a written load slip document as described in section 3.1; (l) "merchantable tree" means a live tree having a diameter outside bark of 9 centimetres or greater at a point 1.3 metres above mean ground level and is greater than 40 years old measured at the same point; (m) "minister" means the minister appointed under the Executive Council Act to administer the Act; (n) "pulpwood" means that portion of a tree unsuitable for a sawlog that can yield a piece of wood with a top diameter 8 centimetres or greater outside bark and of a length specified in the cutting permit with defects within the limits prescribed by the Timber Scaling Regulations; (o) "purchase" means to acquire by payment of money or by barter; (p) "royalty" means a fee paid to the Crown for use of the forest resource; (q) "sawlog" means a portion of a tree that can yield as measured in accordance with the Manual of Scaling Instructions of the Province of Newfoundland and Labrador, a log 2.5 metres or more in length and an equivalent net top diameter, after deduction for cull and defects of 12 centimetres or more inside bark; (r) "timber purchase licence" means a licence issued under section 34 of the Act; (s) "timber sale agreement" means an agreement entered into under section 22 of the Act; and (t) "vehicle" means a device in, upon or in which a person, property or timber may be transported or drawn over a highway, land, water, snow, ice, marsh, swampland and other natural terrain and includes aircraft and air cushioned devices. 163/93 s2; 2001 c42 s45 ; 52/02 s1 ; 34/08 s1 ; 87/19 s1 Back to Top Prohibition 3. (1) A person shall not cut Crown timber for sale or barter without a commercial cutting permit, a timber sale agreement or a Crown timber licence. (2) A person shall not cut Crown timber for personal use or to give as a gift without a domestic cutting permit. (2.1) Notwithstanding section 25, a person shall not offer for sale or barter timber that was cut under a domestic cutting permit and acquired as a gift. (3) Every holder of a cutting permit shall comply with the terms and conditions stated on the permit, and the provisions of these regulations and the Act. (4) A person shall not operate a vehicle on a highway in the province that carries a full or partial load of commercial timber without having in his or her possession a load slip that relates to that timber. 163/93 s3; 52/02 s2 ; 87/19 s2 Back to Top Load slip 3.1 (1) The minister shall establish the form and content required for a load slip in the province and the manner in which a load slip is to be carried and produced for inspection with respect to the timber to which it relates. (2) A person who carries a load slip in accordance with subsection 3(4) that does not contain the information required under these regulations is guilty of an offence. (3) Where a forestry official or other person who may carry out the enforcement of these regulations inspects a load slip and determines that the load slip is incorrectly completed, he or she shall require that the correct required information be provided on that load slip and that load slip shall not be considered to be in compliance with these regulations until approved by that forestry official or other person. (4) The operator of a vehicle carrying commercial timber upon a highway shall, upon the request of a forestry official or other person who may carry out the enforcement of these regulations, produce the load slip applicable to that timber. (5) A person required to produce a load slip under this section or who is inspected under these regulations shall provide all reasonable assistance to the forestry official or other person who requires that production or inspection. (6) The operator of a vehicle carrying commercial timber upon a highway shall ensure that a properly completed load slip relating to that timber is delivered to the person in charge of the place to which that timber is to be delivered. (7) A forestry official may establish a forestry check station for the purpose of inspecting load slips, cutting permits and timber carried on vehicles to ensure compliance with the Act and these regulations and the operator of a vehicle that is carrying timber shall stop at a forestry check station when directed to do so by a forestry official or by a sign posted by a forestry official. 52/02 s3 Back to Top Load slip administration 3.2 (1) The minister or forestry officials may issue load slips to persons for distribution and use in accordance with these regulations. (2) A person who has been issued load slips under subsection (1) may distribute those load slips to his or her agent and that agent shall comply with these regulations as if he or she had been issued the load slips under that subsection. (3) A person or agent who has been issued load slips under subsection (1) or (2) shall (a) issue those load slips to those persons who require them in order to comply with these regulations; (b) require identification satisfactory to him or her from the person receiving those load slips; (c) maintain, in a manner that is satisfactory to the minister, a record of the load slips issued by him or her; (d) when completed, return all load slips to the forestry office that issued them; (e) at the request of the minister or a forestry official, return all load slips, whether or not completed; (f) account for all load slips that are missing or cancelled; and (g) return all load slips, whether used or unused, to the forestry office that issued them not later than January 31 of the year following the year in which they were issued. 52/02 s3 ; 34/08 s2 Back to Top Employer and employee duties 3.3 (1) A person who receives load slips under section 3.2 may distribute those load slips to their agents or employees for use for the purposes of their employment. (2) Where a vehicle carrying commercial timber to which a load slip applies changes operators, the new operator shall sign and date that load slip and upon signing, the responsibility for that timber passes to the new operator. (3) Where timber to which a load slip applies is transferred from one vehicle to another, the change of vehicle shall be recorded by recording on that load slip the identification plate numbers and letters of the vehicle to which that timber was transferred. (4) A person who receives commercial timber that has been moved over a highway in the province (a) shall not accept that timber without a load slip that applies to that timber; and (b) shall remit completed load slips received by him or her to the forestry office from which they were issued on or before the 20 th of the month following the month in which that commercial timber was received. (5) Subsection (4) does not apply to a person who receives timber for personal domestic use. 52/02 s3 Back to Top Domestic cutting permit 4. (1) An applicant for a domestic cutting permit must be 18 years of age or older unless it can be demonstrated that the applicant is the head of a household. (2) Only one domestic cutting permit may be issued per household per year unless otherwise approved by the minister in consideration of the following: (a) a documented one-time-only extraordinary requirement for one additional permit; or (b) where it can be demonstrated that one permit will not meet the household firewood needs. 163/93 s4 Back to Top Permit expiry 5. (1) Unless otherwise stated, all Crown timber licences and cutting permits shall expire on December 31 following the date of issue or when the permit volume has been reached, whichever occurs first. (2) A forestry official may designate the effective starting date of a cutting permit or Crown timber licence. 163/93 s5; 34/08 s3 Back to Top Legally obtained timber 6. (1) A person in the possession of timber must be able to demonstrate that the timber was legally obtained (a) from Crown land by referencing the cutting permit, Crown timber licence, timber purchase licence or timber sale agreement and the cutting area; (b) from private land by (i) providing proof of that person's ownership of that land, or (ii) providing proof of the ownership of that land as well as written proof of the permission from the owner of that land for that person to obtain that timber; (c) by purchase from the holder of a commercial cutting permit, Crown timber licence, timber purchase licence, timber sale agreement or from private land, by showing a receipt containing the name and address of the seller and describing the title the seller had to the timber; or (d) as a gift, by showing documentation from the person who gave the timber confirming that the timber was given as a gift to the person in possession of the timber and containing the following information: (i) the name and address of the holder of the domestic cutting permit under which the timber was cut, (ii) the domestic cutting permit number, (iii) the name of the person who gave the timber as a gift, (iv) the name of the person in possession of the timber, (v) the date that the timber was given as a gift, and (vi) the quantity of the timber. (2) Failure to supply this information within 48 hours shall be an offence. 163/93 s6; 52/02 s4 ; 87/19 s3 Back to Top Presumption 7. For the purpose of these regulations, timber within 100 metres of a highway and not enclosed by a fence shall be treated as Crown timber. 163/93 s7 Back to Top On site inspection 8. (1) Unless otherwise stated in the cutting permit, a cutting permit must be available for inspection by a forestry official at the harvesting site. (2) Failure to provide the permit for immediate on site inspection shall be an offence. 163/93 s8 Back to Top Cutting prohibited 9. A person may not cut timber in areas designated as no cutting areas or in silviculturally treated areas. 163/93 s9 Back to Top Boundaries to be described 10. A cutting permit may not be granted unless the boundaries of the cutting area have been identified on the ground and reproduced on a map which shall accompany the cutting permit. 163/93 s10 Back to Top Harvest of mature stands 11. Unless otherwise specified in a cutting permit, timber sale agreement or Crown timber licence, all mature stands within the cutting boundary as stated in a cutting permit, timber sale agreement or Crown timber licence shall be harvested (a) if they contain a gross merchantable volume of 60 m 3 /ha or greater of the species or species group identified; and (b) if the slope of the area is less than or equal to 40%. 163/93 s11 Back to Top Utilization of trees 12. Unless otherwise specified in the cutting permit, the holder of a cutting permit shall utilize all portions of trees to a top diameter of 8 centimetres outside bark. 163/93 s12 Back to Top Stumps 13. Unless otherwise specified in the cutting permit, stumps shall be as low as can be conveniently cut and shall not exceed 15 centimetres in height. 163/93 s13 Back to Top Harvest for sawlogs 14. Unless otherwise specified in the cutting permit, the permit holder must harvest all timber suitable for sawlogs as sawlogs. 163/93 s14 Back to Top Harvest of pulpwood 15. (1) Unless otherwise specified in the cutting permit, pulpwood shall be harvested provided that it does not contain the following defects: (a) heart rot or clean holes that are more than one-half the diameter inside bark on either end; (b) red stain (soft) shall not exceed one-half the diameter inside bark on either end; or (c) advanced sap rot (i) shall not be evident on less than 18 centimetres top diameter outside bark, (ii) shall not be more than one centimetre on pulpwood with a top diameter outside bark from 18 centimetres to 25 centimetres, (iii) shall not be more than 2 centimetres on pulpwood over 25 centimetres top diameter outside bark. (2) Where excessive cull is encountered in pulpwood, it shall be removed in lengths not to exceed 0.5 metres until the pulpwood does not contain the defects described in subsection 15(1). 163/93 s15 Back to Top Conditions to be met 16. All conditions under sections 12, 13, 14 and 15 must be met as individual trees are harvested. 163/93 s16 Back to Top Harvest of immature stand 17. A holder of a cutting permit shall not harvest an immature stand of timber (a) without having first obtained permission in writing to do so from the minister or a forestry official; or (b) unless the immature stand is less than 2 hectares in area and constitutes a minor part of a larger mature stand that is permitted to be harvested. 163/93 s17 Back to Top Timber to be removed 18. All timber cut shall be removed from the cutting area to a roadway while harvesting operations are in progress unless otherwise specified in the cutting permit. 163/93 s18 Back to Top No additional rights created 19. A person who cuts Crown timber, whether under a Crown timber licence, a cutting permit or otherwise, shall not have a right of property in timber which has not been removed from Crown lands to a place under private ownership or control under the terms of the cutting permit or Crown timber licence. 163/93 s19 Back to Top Harvestable volume 20. (1) Forest land required for a road right of way, landing, borrow pit or other use requiring clearing shall be logged of all merchantable timber under a commercial cutting permit before construction commences. (2) Forestry officials shall determine the harvestable volume for each of the conditions in subsection (1). (3) The volume determined under subsection (2) shall be considered to be the minimum volume harvested for royalty rates. 163/93 s20 Back to Top Restoration of work areas 21. All bulldozed timber storage areas and temporary access routes to these areas shall, after the operation has ceased, be levelled taking care to leave topsoil and to leave the area in the condition that a forestry official may instruct. 163/93 s21 Back to Top Residual volumes 22. (1) The residual volume of timber, both standing and on the ground within the boundaries of the cutting area remaining after harvesting, shall not exceed 6 m 3 /ha of the species or the species group identified. (2) An additional royalty shall be assessed against the permit or licence holder for residual volumes exceeding the limit in the amount of twice the royalty rate for pulpwood, in the government accessed category, with no deductions, according to Schedule A of the Timber Royalty Regulations, multiplied by the volume in excess of 6 m 3 /ha. 163/93 s22 Back to Top Cutting of sawlogs 23. (1) Where a domestic cutting permit is requested to allow cutting of sawlogs, the applicant must provide specific reference as to the intended use of the lumber and in addition provide verification through inspection of the use of lumber from previous permits. (2) If the conditions of subsection (1) cannot be met or if in the opinion of the forestry officer the stated use is unreasonable, the cutting permit shall not be issued. 163/93 s23 Back to Top Permit return 24. The holder of a domestic cutting permit must make a permit return when the permit volume has been reached or immediately following the date of expiry, whichever occurs first. 163/93 s24 Back to Top Acquisition of timber 25. A person may not purchase or otherwise acquire timber cut on Crown lands or public land for subsequent sale or barter or for processing into a product which is intended to be sold or bartered except under a licence issued in accordance with this Act and the regulations. 163/93 s25 Back to Top Security bond 26. (1) The minister or a designated forestry official may require that the applicant for a timber purchase licence post a security bond in an amount prescribed by the minister or the forestry official to provide security for the payment of royalties under the Act and regulations. (2) Upon payment of royalties under the Act and regulations, the security bond shall be returned to the holder of the timber purchase licence. (3) If royalties under the Act and regulations are not paid when due and owing, the minister may look to the security bond for payment. (4) Realization of security shall not affect liability to pay the balance of the royalty or another remedy available to the Crown to enforce payment. 163/93 s26 Back to Top Timber purchase licence 27. The holder of a timber purchase licence shall (a) sign and submit to the district forestry office forms prescribed by the department, showing for each transaction (i) the volume and form of timber purchased, (ii) the seller's name and address, (iii) the seller's cutting permit or Crown timber licence number, (iv) the location where the timber was harvested, and (v) scaler's name and licence number; and (b) forward to the district forestry office on or before the 20th of each month following a month during which the licence is outstanding copies of all receipts issued, together with all amounts of royalty collected during the previous month. 163/93 s27 Back to Top Timber export permit 28. (1) A person shall not export timber from the province without having first obtained a timber export permit. (2) The minister or a forestry official may issue a timber export permit in a form prescribed by the minister containing the terms and conditions that the minister or the forestry official shall determine. 163/93 s28 Back to Top Return 29. The holder of a cutting permit or Crown timber licence, under which royalty is payable, shall make a return in accordance with the return forms prescribed by the minister. 163/93 s29 Back to Top Permits and licences 30. (1) Cutting permits and timber purchase licences issued under these regulations shall contain the information and be in a form prescribed by the minister. (2) Cutting permits and licence returns shall contain the information and shall be made at the times as the forms of the cutting permit or licence may specify. 163/93 s30 Back to Top Rep. by 43/14 s1 31. [Rep. by 43/14 s1] 43/14 s1 Back to Top Cancellation of permit or licence 32. A cutting permit or licence may be cancelled by the minister or a forestry official if the holder of the permit contravenes the conditions of the permit, licence, these regulations or the Act. 163/93 s32 Back to Top Licence or permit not issued 33. A new cutting permit or licence shall not be issued while any required information, royalty, penalty or fee has not been submitted, paid or returned to the minister. 163/93 s33 Back to Top Consequence of breach 34. A breach of the provisions of the Act or these regulations may result in refusal on the part of a forestry official to issue a cutting permit or licence. 163/93 s34 Back to Top Minister may refuse permit or licence 35. Notwithstanding section 27 of the Act, the minister retains the right not to issue a cutting permit or licence. 163/93 s35 Back to Top Offence and penalty 36. (1) A person who contravenes subsection 3(1), (2), (3), section 8, 12 or 13 is guilty of an offence and is liable (a) where the summons is issued by means of a violation ticket, on the first conviction, to a fine of $75 or in default of payment of the fine to imprisonment for 3 days and on each subsequent conviction, to a fine of $150 or in default of payment, to imprisonment for 6 days; or (b) on summary conviction where the summons is issued other than by means of a violation ticket, on the first offence, to a fine of not less than $500 and in the case of a subsequent offence, to a fine of not less than $1,000 and in either case in default of payment, to imprisonment for a term not exceeding 3 months. (2) Where a person contravenes subsection 3(4) or section 3.1, 3.2 or 3.3 of these regulations, that person is guilty of an offence and liable on summary conviction (a) where the summons is issued by means of a violation ticket and for a first offence, to a fine of not less than $500; and (b) where the summons is for a subsequent offence and is not issued by means of a violation ticket, to a minimum fine of $1000 or to not more than 3 months imprisonment. 163/93 s36; 52/02 s5 Back to Top Repeal 37. The Cutting of Timber Regulations, Newfoundland Regulation 163/93, are repealed. Back to Top Schedule - Rep. by 43/14 s2 43/14 s2