Forest Management Regulations

Regulation
Registration
R-037-96
Source
Unofficial consolidation PDF (justice.gov.nt.ca)
Under
Forest Management Act

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

  • s.1 amended by R-051-95,s.2
  • s.1 amended by R-036-2000,s.2
  • s.6.1 amended by R-030-2020,s.2
  • s.7 amended by R-036-2000,s.3
  • s.9 repealed by R-070-2001,s.1
  • s.16 amended by R-019-93,s.2
  • s.22 amended by R-037-96,s.2
  • s.22 amended by R-173-96,s.2
  • s.22 amended by R-108-2004,s.2
  • s.22.1 amended by R-173-96,s.2
  • s.22.1 amended by R-108-2004, s.3
  • s.37 amended by R-019-93,s.3
  • s.37 amended by R-051-95,s.3
  • s.38 amended by R-019-93,s.3
  • s.39 amended by R-019-93,s.3
  • s.39 amended by R-051-95,s.4
  • s.40 amended by R-019-93,s.3
  • s.40 amended by R-051-95,s.5
  • s.41 amended by R-019-93,s.3
  • s.42 amended by R-019-93,s.3
  • s.54 amended by R-019-93,s.4
  • s.57 amended by R-039-2014,s.2 in force April 1, 2014
  • s.59 amended by R-019-93,s.5
  • s.63 amended by R-019-93,s.6
  • s.sched_A amended by R-019-93,s.6
  • s.sched_B amended by R-019-93,s.6
  • s.sched_C amended by R-019-93,s.6
  • s.sched_C amended by R-051-95,s.6
  • s.sched_D amended by R-019-93,s.6
Contents
1. 1 2. 2 3. 3 4. 4 5. 5 6. 6 6.1. 6.1 7. 7 8. 8 9. Repealed 10. 10 11. 11 12. 12 13. 13 14. 14 15. 15 16. 16 17. 17 18. 18 19. 19 20. 20 21. 21 22. 22 22.1. 22.1 23. 23 24. 24 25. 25 26. 26 27. 27 28. 28 29. 29 29.1. 29.1 30. 30 31. 31 32. 32 33. 33 34. 34 35. 35 36. 36 36.1. 36.1 37. 37 38. 38 39. 39 40. 40 41. 41 42. 42 43. 43 44. 44 45. 45 46. 46 47. 47 48. 48 49. 49 50. 50 51. 51 52. 52 53. 53 54. 54 55. 55 56. 56 57. 57 58. 58 59. 59 60. 60 61. 61 62. 62 63. 63 SCHEDULE A SCHEDULE B SCHEDULE C SCHEDULE D
1.

In these regulations,

"annual allowable cut" means the maximum volume of timber of each different species of tree or group of species of tree that may be harvested on an annual basis from a forest management unit; (coupe annuelle permise)

"forest management agreement" means an agreement entered into under subsection 9(1) of the Act; (accord d'aménagement des forêts)

"land surveyor" means a person who holds a valid and subsisting commission granted under the Canada Land Surveys Act; (arpenteur-géomètre)

"licence" means a licence issued in accordance with these regulations; (licence)

"licence holder" means the holder of a licence; (titulaire d'une licence)

"permit" means a permit issued in accordance with these regulations; (permis)

"permit holder" means the holder of a permit; (titulaire d'un permis)

"reforestation" means the re-establishment of forest tree species to an area denuded of trees; (reboisement)

"resident" means an individual who is living in the Territories at the relevant date and has lived there for a continuous period of not less than six months; (résident)

"restoration" means the treatment of an area in which timber has been harvested, in such a manner that natural processes will return the area to a state similar to that which existed before the timber harvesting, and includes physical reconstruction at a site, removal of foreign materials, revegetation and reforestation; (reconstitution)

"sawlogs" includes all timber products other than cones, seeds, seedlings, saplings, fence posts, fuelwood, Christmas trees and trees intended for transplanting; (billes de sciage) "timber operation" means every kind of activity involving the cutting, transportation, scaling, milling or other use of timber; (exploitation forestière)

"timber operator" means a permit holder, licence holder and a person, institution or firm that has entered into a forest management agreement; (exploitant forestier)

"timber product" includes rough and dressed lumber, logs, trees, untreated round wood and ties, wood chips, pulpwood, fuelwood, lath and lath bolts, shingles and shingle bolts, fence posts, rails and poles, Christmas trees, cones, seeds, seedlings and saplings and other similar wood products; (produit forestier)

"waterbody" means a lake, stream, river, creek, pond, swamp, marsh, channel, gulley, coulee or draw that continuously contains water. (étendue d'eau) RRNWT 1990,c.F-14(Supp.),s.2; R-051-95,s.2; R-036-2000,s.2.

Permits and Licences

2.

(1) The following classes of permits are established:

(a) a timber cutting permit, authorizing the holder to cut timber;

(b) a free timber cutting permit, authorizing the holder to cut timber;

(c) a timber transport permit, authorizing the holder to transport timber.

(2) The following classes of licences are established:

(a) a timber cutting licence, authorizing the holder to cut timber;

(b) a scaling licence, authorizing the holder to scale timber;

(c) a mill licence, authorizing the holder to mill timber;

(d) a research licence, authorizing the holder to conduct research respecting forests.

3.

(1) To be eligible for a permit or licence, an applicant must be

(a) at least 19 years of age;

(b) a corporation registered in the Territories;

(c) a society incorporated in the Territories; or

(d) a partnership registered in the Territories.

(2) To be eligible to apply for a timber cutting licence an applicant must

(a) have an established timber harvesting business within the Territories; or

(b) demonstrate to the satisfaction of the Supervisor the ability to operate a viable timber harvesting business for the currency of the timber cutting licence.

(3) A person may apply for a licence or permit by submitting an application in a form approved by the Supervisor.

(4) A person may apply to amend a permit or licence by submitting an application in a form approved by the Supervisor.

(5) Section 22 of the Act applies to all classes of permits and licences established in these regulations. RRNWT 1990,c.F-14(Supp.),s.3.

4.

(1) The Supervisor shall, before issuing a timber cutting licence or an amended timber cutting licence, discuss the application with the council of the municipality in or near the area in which the timber operation is to be conducted.

(2) The Supervisor may, where he or she consults with the council under subsection (1), accept the advice or recommendation of the council as to the approval or rejection of the application, or the approval of the application subject to terms and conditions.

5.

(1) The Supervisor shall, within 45 days after the receipt of an application submitted under subsection 3(3) or (4),

(a) issue a permit or licence, or an amended permit or amended licence;

(b) refuse to issue a permit or licence, or an amended permit or amended licence, and notify the applicant, in writing, of the refusal and the reasons for it;

(c) notify the applicant, in writing, that further time is required to issue a permit or licence, or an amended permit or amended licence, and give the reasons for it; or

(d) notify the applicant, in writing, that he or she has ordered further studies or investigations to be made respecting the application and state the reasons for it.

(2) Where, pursuant to paragraph (1)(c) the Supervisor notifies an applicant, the Supervisor shall, within 45 days after the date of notification,

(a) issue a permit or licence, or an amended permit or amended licence; or

(b) refuse to issue a permit or licence or an amended permit or amended licence and notify the applicant, in writing, of the refusal and the reasons for it.

(2.1) Where, pursuant to paragraph (1)(d) the Supervisor notifies an applicant, the Supervisor shall, within one year of the date of notification,

(a) issue a permit or licence or an amended permit or amended licence; or

(b) refuse to issue a permit or licence or an amended permit or amended licence and notify the applicant, in writing, of the refusal and the reasons for it.

(3) An application fee is not refundable.

(4) The order in which applications are received does not determine eligibility for a permit or licence. RRNWT 1990,c.F-14(Supp.),s.5.

6.

(1) A permit or licence expires on the date specified in the permit or licence.

(2) A timber cutting licence, scaling licence or mill licence is valid for a period not exceeding five years.

(3) A timber cutting permit is valid for a period not exceeding one year.

6.1.

Notwithstanding section 6 and any term or condition of the permit, a timber cutting permit specifying an expiry date of March 31, 2020, expires on July 31, 2020. R-030-2020,s.2.

7.

(1) The Supervisor may, for each different species of tree or group of species of tree, fix an annual allowable cut for a forest management unit.

(2) The Supervisor may, for each different species of tree or group of species of tree, fix the volume of timber that may be cut in order to maintain a proper balance between growth and depletion of timber for the following:

(a) all or part of a forest management zone that does not contain a forest management unit; or

(b) if a forest management zone contains a forest management unit, all or part of the forest management zone that falls outside the forest management unit.

(3) The volume of timber of a species of tree or group of species of tree that is authorized to be cut must not exceed,

(a) for a forest management unit, the annual allowable cut for that species or group of species fixed by the Supervisor under subsection (1); and

(b) for all or part of a forest management zone, the volume of timber for that species or group of species fixed by the Supervisor under subsection (2).

(4) Notwithstanding subsection (3), no timber cutting permit shall authorize the cutting of more than 5,000 m³ of timber.

(5) The volume of timber and the species of tree or group of species of tree that a timber cutting permit holder or a timber cutting licence holder is authorized to cut must be specified in the permit or licence. R-036-2000,s.3.

8.

(1) A timber cutting permit or timber cutting licence may be issued for one or more specified timber products.

(2) A person may hold more than one timber cutting permit or timber cutting licence where each timber cutting permit or timber cutting licence is, as determined by the Supervisor, for a different timber product.

(3) The Minister may, in writing, authorize a person to hold more than one timber cutting permit or timber cutting licence for the same timber product.

(4) A person holding a timber cutting licence or a timber cutting permit shall use the timber harvested within one year of harvest for the timber product specified in the timber cutting licence or the timber cutting permit. RRNWT 1990,c.F-14(Supp.),s.6.

9.

Repealed, R-070-2001,s.1.

10.

(1) A timber operator, other than a timber transport permit holder, a scaling licence holder or a mill licence holder shall, in the area described in the permit, licence or forest management agreement,

(a) cut all timber at a stump height not to exceed 30 cm;

(b) cut timber in a manner that will promote reforestation and maintain an acceptable wildlife habitat;

(c) dispose of all slash, branches, slabs, sawdust and other debris resulting from the timber operation; and

(d) take all usable portions from the timber cut, leaving no waste timber.

(2) A mill licence holder shall comply with paragraphs (1)(c) and (d).

11.

Unless specifically authorized in a permit, licence or forest management agreement, no person shall cut live timber within 60 m of a public road or within 60 m of the ordinary high water mark on the shore of a waterbody.

Exemptions

12.

(1) No person is required to obtain a permit or licence, or to complete or possess a timber load ticket under sections 26 to 29,

(a) to cut, transport and use timber incidental to prospecting, staking or locating a mineral claim;

(b) repealed;

(c) to cut, transport and use in each year, two trees not exceeding 5 m in height, for the person's own use as Christmas trees;

(d) to cut, transport and use timber while the person is

(i) trapping on a trapline, or

(ii) hunting or fishing for other than commercial or recreational purposes;

(e) to transplant and transport, in each year, five trees not exceeding 5 m in height, for the person's own use;

(f) to cut, transport and use timber on public land where the person has a lawful interest in the land under a lease or agreement for sale, to the extent necessary to fulfil the development conditions of or incidental to his or her lease or agreement for sale; or

(g) to cut, transport and use timber where it is immediately necessary to preserve a person's life or property.

(2) No person referred to in paragraphs (1)(a), (c),

(d) and (e) shall, without lawful authority, cut, transport, transplant or use timber that is

(a) in an area described in a timber cutting permit, timber cutting licence or forest management agreement;

(b) on privately owned or privately leased land; or

(c) in a forest management area designated in accordance with paragraph 53(1)(j) of the Act.

RRNWT 1990,c.F-14(Supp.), s.7,8,9.

Timber Cutting Licence

13.

(1) A person applying for a timber cutting licence shall submit with his or her application, a long term development plan containing a program for the development and utilization during the term of the licence of timber in the area described in the licence application.

(2) The long-term development plan must be in a form approved by the Supervisor and must include the following, where applicable:

(a) a map of the areas to be logged;

(b) an outline of proposed roads and buildings to be constructed and materials and equipment to be placed within the area described in the licence;

(c) the timing and sequence of logging operations;

(d) the mill sites;

(e) a plan for fire control;

(f) a plan for reforestation;

(g) a plan for restoration;

(h) a plan for the protection of the environment;

(i) such other details as the Supervisor may require.

(3) The Supervisor

(a) shall approve the long term development plan along with the timber cutting licence;

(b) may request changes to the long term development plan; or

(c) request additional information from the applicant prior to final approval.

(4) The Supervisor may include such terms and conditions as the Supervisor considers necessary in the long term development plan. RRNWT 1990, c.F-14(Supp.),s.10,11.

14.

A timber cutting licence holder shall commence harvesting timber within one year of the date of issuance of the licence.

15.

The Supervisor may suspend a timber cutting licence that is not operated on a progressive basis for at least 80% of the term of the licence. RRNWT 1990,c.F-14(Supp.),s.12.

16.

(1) A timber cutting licence holder shall submit an annual operating plan to the Supervisor each year during the term of the licence, for a period of one year commencing on the date the licence was issued.

(2) The first annual operating plan must be submitted not less than 30 days before the commencement of the timber operation.

(3) The second and each subsequent annual operating plan must be submitted not less than 30 days before the anniversary date of the licence.

(4) The annual operating plan shall contain a detailed program of timber operations that includes

(a) the information required in paragraphs 13(2)(a) to (i), as applicable; and

(b) the volume of timber product that the licence holder proposes to cut during the term of the plan.

(5) The annual operating plan must be in a form approved by the Supervisor.

(6) The Supervisor shall approve or reject the annual operating plan within 45 days of receipt of the plan.

(7) The Supervisor may request changes to the annual operating plan or request additional information from the applicant prior to final approval.

(8) The Supervisor may include such terms and conditions as the Supervisor considers necessary in the operating plan.

(9) No timber cutting licence holder shall commence or continue a timber operation in any year until the annual operating plan for that year is approved by the Supervisor. RRNWT 1990,c.F-14 (Supp.), s.13; R-019-93,s.2.

17.

A timber cutting licence holder shall conduct his or her timber operation in accordance with the approved long-term development plan and the approved annual operating plan.

18.

(1) A timber cutting licence holder who anticipates that there will be a material change in his or her timber operation shall submit to the Supervisor an application to amend the long-term development plan and the annual operating plan.

(2) The Supervisor shall, within 45 days after receipt of an application to amend a long term development plan or annual operating plan approve or reject the application for change.

(3) A timber cutting licence holder who is issued an amended licence under paragraph 5(1)(a) shall submit an amended long-term development plan and an amended annual operating plan for the current year.

(4) No timber cutting licence holder shall conduct his or her timber operation in accordance with the amended long-term development plan and amended annual operating plan until the plans have been approved by the Supervisor. RRNWT 1990, c.F-14(Supp.),s.14.

Timber Cutting Permit

19.

(1) The Supervisor may require a timber cutting permit holder to submit an operating plan.

(2) An operating plan must be in a form approved by the Supervisor and must contain a detailed program of timber operations including the information required in paragraphs 13(2)(a) to (i), as applicable.

(3) No timber cutting permit holder referred to in subsection (1) shall commence timber operations under the permit until the operating plan has been approved by the Supervisor.

(4) The Supervisor shall approve or reject the operating plan within 45 days of receipt of the plan.

(5) The Supervisor may request changes to the operating plan or request additional information from the applicant prior to final approval.

(6) The Supervisor may include such terms and conditions as the Supervisor considers necessary in the operating plan. RRNWT 1990,c.F-14(Supp.),s.16.

20.

A timber cutting permit holder who is required to submit an operating plan shall conduct his or her timber operation in accordance with the approved operating plan.

21.

(1) A timber cutting permit holder who has submitted an operating plan shall, where he or she anticipates that there will be a material change in his or her timber operation,

(a) notify the Supervisor of the anticipated change; and

(b) submit an amended operating plan, where required by the Supervisor.

(2) The Supervisor shall approve or reject an amended operating plan within 45 days.

(3) A timber cutting permit holder who is issued an amended permit under paragraph 5(1)(a) shall, where required by the Supervisor, submit an amended operating plan.

(4) No timber cutting permit holder who has been required to submit an amended operating plan shall conduct his or her timber operation in accordance with the amended plan until the plan has been approved by the Supervisor. RRNWT 1990,c.F-14(Supp.),s.17.

Free Timber Cutting Permit

22.

(1) Subject to subsection (2), the Supervisor may issue a free timber cutting permit to

(a) a resident of the Territories to cut timber for his or her own use in a volume not exceeding the following quantities:

(i) 60 m³ of fuelwood,

(ii) 60 m³ of fence posts,

(iii) 60 m³ of sawlogs,

(iv) 20 trees of any height for transplanting; and

(b) a municipal corporation or settlement corporation to cut the timber that it may require for its own use.

(2) A resident of the Territories may be issued only one free timber cutting permit each year for each of the types of timber products referred to in paragraph (1)(a).

(3) If the Supervisor is satisfied that an applicant for or the holder of a free timber cutting permit is unable by reason of age, physical disability or similar cause to cut or transport the timber specified in the permit, the Supervisor may include in the permit a provision authorizing the permit holder to have an agent cut the timber on behalf of the permit holder.

(4) Where the Supervisor has made an authorization under subsection (3), an agent of the permit holder may cut the timber specified in the permit in the absence of the permit holder.

(5) The holder of a free timber cutting permit or, where the Supervisor has made an authorization under subsection (3), an agent who cuts timber on behalf of the permit holder shall, on the demand of an officer, produce the permit for inspection. R-037-96,s.2; R-173-96,s.2; R-108-2004,s.2.

22.1.

(1) The holder of a free timber cutting permit or, where the Supervisor has made an authorization under subsection 22(3), an agent of the permit holder

(a) may transport the timber specified in the permit without obtaining a timber transport permit; and

(b) is not required to complete or possess a timber load ticket under sections 26 to 29 while transporting the timber specified in the permit.

(2) No person who cuts or transports timber under a free timber cutting permit shall

(a) transport or export the timber specified in the permit outside the Northwest Territories; or

(b) sell or trade or offer to sell or trade the timber specified in the permit.

R-173-96,s.2; R-108-2004, s.3.

Timber Transport Permit

23.

A person may transport a timber product without obtaining a timber transport permit where

(a) he or she is a timber operator transporting a timber product within the area described in his or her permit, licence or forest management agreement; or

(b) he or she is a person referred to in paragraph 26(2)(b) who is in possession of a completed timber load ticket for the load of a timber product he or she is transporting.

24.

Where the transportation of a timber product with bark attached that originated outside of the Territories could, in the opinion of the Supervisor, cause or increase damage to forests by insects or disease, the Supervisor may

(a) refuse to issue a timber transport permit; or

(b) issue a timber transport permit that restricts the transportation of the timber product within the Territories.

25.

(1) The Supervisor shall not issue a timber transport permit to any person other than

(a) a timber cutting permit holder,

(b) a timber cutting licence holder,

(c) a party to a forest management agreement, or

(d) an owner or lessee of privately owned land,

to transport a timber product out of the area described in the permit, licence, forest management agreement or out of the privately owned land respectively.

(2) In addition to the persons named in subsection (1), the Supervisor may issue a timber transport permit to a timber products transporter transporting timber products with bark attached where the timber products originate outside the Territories. RRNWT 1990, c.F-14(Supp.),s.18.

26.

(1) The Supervisor shall issue to each timber transport permit holder, books of timber load tickets in the approved form.

(2) A timber transport permit holder shall

(a) complete a timber load ticket for each load of a timber product that is transported; and

(b) give two copies of the timber load ticket to the person who is transporting the timber product, before the load is transported.

(3) Except as provided in these regulations, no person shall transport a timber product on a waterbody or on public land unless he or she is in possession of a completed timber load ticket.

27.

A person who transports a timber product shall, on the demand of an officer, produce the timber load ticket for the load of a timber product he or she is transporting.

28.

A person who transports a timber product shall, on delivery of the timber product, leave with the purchaser or consignee of the timber product delivered, a copy of the completed timber load ticket.

29.

A person who transports a timber product, or a vendor, purchaser, consignee or receiver of a timber product, shall retain in his or her possession for a period of five years all documents and records connected with each sale, shipment, delivery and receipt of a timber product and shall produce them on request for inspection by an officer.

29.1.

(1) No person shall export timber harvested in the Territories unless that person holds an export permit issued under these regulations.

(2) A person may apply in writing to the Supervisor for an export permit to export timber harvested in the Territories.

(3) The Supervisor may issue or refuse to issue an export permit under this section.

(4) The Supervisor may impose such conditions on an export permit as the Supervisor considers necessary. RRNWT 1990,c.F-14(Supp.),s.19.

Mill Licence

30.

A person may operate a mill that mills not more than 300 m³ annually, without obtaining a mill licence.

31.

(1) No mill licence holder shall accept timber for milling, from any person, unless that person produces the timber load ticket under the authority of which the timber was transported.

(2) Subsection (1) does not apply to a timber cutting permit holder, timber cutting licence holder or a party to a forest management agreement who, under a mill licence, is milling timber within the area described in his or her timber cutting permit, timber cutting licence or forest management agreement.

Scaling Licence

32.

(1) No person shall scale timber unless he or she holds a scaling licence issued under these regulations.

(2) The Supervisor may issue a scaling licence to a person who passes an examination set by the Supervisor.

(3) The scaling of timber must be conducted according to the terms and conditions in the scaling licence.

33.

The Supervisor may suspend a scaling licence on the Supervisor being satisfied that the holder of the licence has acted negligently or dishonestly in the measurement or recording of timber.

Research Licence

34.

(1) The Supervisor may require from an applicant, before issuing a research licence, evidence that the applicant has

(a) supplied to the council of the municipality in or near the area in which the research is to be conducted, full particulars of the project; and

(b) obtained the approval of the council for the project.

(2) The Supervisor may, where the applicant has not complied with subsection (1), advise the council of the municipality referred to in subsection (1) of the particulars of the project in respect of which the Supervisor is considering issuing a research licence.

35.

Where a research licence is issued, the holder shall provide, on request, such progress or final reports as are required by the Supervisor.

36.

Notwithstanding section 40 of the Act, a person may conduct research respecting forests without obtaining a research licence, unless the research is conducted on public land and it will or may cause damage to live trees, plants or other forest growth.

Terms and Conditions

36.1.

(1) The Supervisor may include in any licence, permit, long term development plan or annual operating plan terms and conditions respecting

(a) the location and area of the timber to be harvested or milled;

(b) the time at which work or undertaking may be carried out;

(c) the equipment that may be used in harvesting or milling operations;

(d) the methods and techniques to be employed in carrying out these operations;

(e) the location and size of access roads, skid trails and landings;

(f) the type, location, capacity and operation of facilities to use during the harvesting or milling operations;

(g) the protection of wildlife and fisheries habitat;

(h) the protection of objects and places of recreational, scenic or ecological value;

(i) the prevention and control of forest fires;

(j) the reforestation of harvested area;

(k) the methods and techniques for debris and brush disposal;

(l) the deposit of the performance deposits in accordance with section 39; and

(m) such other matters not inconsistent with these regulations as the Supervisor thinks necessary for the proper management of forest resources.

(2) The Supervisor may, on receipt of a written request, modify the terms and conditions included in any licence, permit, long term development plan or annual operating plan. RRNWT 1990, c.F-14(Supp.),s.20.

Charges and Deposits

37.

For the purposes of section 40 and Schedules B, C and D,

"highway" means a road, place, bridge or structure, whether publicly or privately owned, that the public is ordinarily entitled or permitted to use for the passage of vehicles but does not include a seasonal highway; (route)

"seasonal highway" means a road on a frozen body of water or water course or a road that can be used for only a portion of a year. (route saisonnière) RRNWT 1990,c.F-14(Supp.),s.21; R-019-93,s.3; R-051-95,s.3.

38.

(1) Subject to subsection (2), the Supervisor may require a timber cutting permit holder or timber cutting licence holder to pay a performance deposit up to the maximum amount set out in, or calculated in accordance with, Schedule D.

(2) A performance deposit required to be paid under subsection (1) must not,

(a) in the case of a timber cutting licence, exceed $10,000, or

(b) in the case of a timber cutting permit, exceed $2,500,

excluding any interest added to the performance deposit pursuant to subsection 43(3).

(3) Where the Supervisor requires a permit holder or a licence holder to pay a performance deposit under subsection (1), the permit holder or licence holder shall pay the performance deposit immediately on issuance of the permit or licence. R-019-93,s.3.

39.

(1) Subject to section 59, a timber cutting permit holder or timber cutting licence holder shall pay a timber cutting charge and a reforestation charge to the Supervisor, in accordance with section 40, in respect of the volume of timber product cut by the permit holder or licence holder during the term of the permit or an approved annual operating plan of the licence holder, as indicated by the timber returns submitted by the permit holder or licence holder in accordance with section 54.

(2) The timber cutting and reforestation charges payable under subsection (1) shall be calculated by the Supervisor on the basis of the applicable charges set out in Schedules B and C.

(3) Where the applicable timber cutting charge set out in Schedule B is subject to one or more specified deductions, the Supervisor shall, before calculating the charge payable under subsection (1), determine whether the permit holder or licence holder is entitled to any of the specified deductions on the basis of information from the permit holder's approved operating plan or the licence holder's approved annual operating plan or any other source, where the Supervisor is satisfied that the information accurately reflects the nature and extent of the timber operations conducted during the term of the permit or the approved annual operating plan.

(4) After calculating the timber cutting and reforestation charges payable by a permit holder or licence holder under subsection (1), the Supervisor shall

(a) deduct the amount previously paid by the permit holder or licence holder under subsection 40(1) or (2) from the amount of the charges payable;

(b) notify the permit holder or licence holder of the charges calculated and the balance outstanding, if any; and

(c) refund any excess payment greater than $10 made by the permit holder or licence holder under subsection 40(1) or (2), if the timber operation of the permit holder or licence holder has been conducted in a manner satisfactory to an officer.

RRNWT 1990,c.F-14(Supp.),s.22; R-019-93,s.3; R-051-95,s.4.

40.

(1) Subject to subsection (2), where a timber cutting permit holder or timber cutting licence holder is authorized to cut sawlogs under the permit or licence, the permit holder or licence holder shall pay $0.50 for each m³ that is authorized to be cut towards the timber cutting charges and reforestation charges payable under subsection 39(1) immediately on

(a) the issuance of the permit or the licence; and

(b) the approval of an annual operating plan for the second and each subsequent year of the licence.

(2) Where the amount determined according to the formula under subsection (1) exceeds $2,500, the timber cutting permit holder or timber cutting licence holder shall pay no more than $2,500 towards the timber cutting charges and reforestation charges payable under subsection 39(1).

(3) Subject to subsection (4), where a timber cutting permit holder or timber cutting licence holder is authorized to cut fuelwood or fence posts under the permit or licence, the permit holder or licence holder shall pay $0.50 for each m³ that is authorized to be cut towards the timber cutting charges and reforestation charges payable under subsection 39(1) immediately on

(a) the issuance of the permit or the licence; and

(b) the approval of an annual operating plan for the second and each subsequent year of the licence.

(4) Where the amount determined according to the formula under subsection (3) exceeds $500, the timber cutting permit holder or timber cutting licence holder shall pay no more than $500 towards the timber cutting charges and reforestation charges payable under subsection 39(1).

(5) Where the timber and reforestation charges payable under subsection 39(1) exceed the amount previously paid by the permit holder or licence holder under this section,

(a) the permit holder shall pay the balance of the charges outstanding prior to the expiry of the permit; and

(b) the licence holder shall pay the balance of the charges outstanding prior to the expiry of the approved annual operating plan.

R-019-93,s.3; R-051-95,s.5.

41.

(1) Where the volume of timber product cut by a timber cutting permit holder or timber cutting licence holder during the term of a permit or an approved annual operating plan, as indicated by the timber returns submitted by the permit holder or licence holder under section 54, exceeds, by more than 10%, the volume of timber product authorized to be cut by the permit or the approved annual operating plan, the permit holder or licence holder shall, unless the Supervisor directs otherwise, pay an overcutting charge to the Supervisor in respect of that portion of the overcut volume of timber product in excess of 10% of the authorized volume.

(2) The overcutting charge payable under subsection (1) shall be calculated by the Supervisor, after the expiry of a permit or an approved annual operating plan, using two times the charge used by the Supervisor to calculate the timber cutting charge payable under subsection 39(1).

(3) For greater certainty, the overcutting charge payable under subsection (1) is in addition to the timber cutting and reforestation charges payable under subsection 39(1) in respect of all of the overcut volume of timber product.

(4) The timber cutting permit holder or licence holder shall pay any overcutting charge payable under subsection (1) within two weeks after being notified by the Supervisor of the amount of the charge payable. RRNWT 1990,c.F-14(Supp.),s.23; R-019-93,s.3.

42.

(1) The Supervisor may notify the timber cutting permit holder or timber cutting licence holder of any outstanding timber cutting or reforestation charges payable under subsection 39(1) and of any overcutting charge payable under subsection 41(1) by a written notice served by registered mail addressed to the current business address of the permit holder or licence holder.

(2) A permit holder or licence holder who is served with a notice referred to in subsection (1) is deemed to have received notice from the Supervisor of any charges payable seven days following the day on which the notice was mailed. R-019-93,s.3.

43.

(1) The performance deposit must consist in whole or part of

(a) cash;

(b) a promissory note guaranteed by a bank and payable to the Government of the Northwest Territories;

(c) a certified cheque drawn on a bank and payable to the Government of the Northwest Territories;

(d) a bearer bond issued or guaranteed by the Government of Canada and assigned as to principal to the Government of the Northwest Territories; or

(e) a letter of credit issued by a bank to the credit of the Government of the Northwest Territories.

(2) Where cash is deposited under subsection (1), interest must be paid on that amount in accordance with the Financial Administration Act.

(3) Any interest paid on the performance deposit in accordance with the Financial Administration Act must be added to and forms part of the performance deposit. RRNWT 1990,c.F-14(Supp.),s.24.

44.

The reforestation charge paid to the Supervisor under section 39 shall be used by the Supervisor for the following purposes:

(a) collecting and transporting seed cones;

(b) seed extraction and storage;

(c) site preparation;

(d) transporting and planting seedling trees;

(e) transporting seed and seeding areas where merchantable timber has been removed;

(f) thinning forest areas to improve growth;

(g) control of vegetation that may be competing with the growth of plantation;

(h) conducting surveys concerning the regeneration of forest growth;

(i) other activities that will replace or improve the forest resource.

RRNWT 1990,c.F-14(Supp.),s.25.

45.

(1) The performance deposit must be held in trust until the permit holder or licence holder has performed, to the satisfaction of an officer, all requirements or obligations under the permit or licence, the Act or these regulations.

(2) Where a permit holder or licence holder refuses or neglects to perform any requirement or obligation under the permit or licence, the Act or these regulations, the Supervisor may fulfil the requirement or obligation and apply all or any part of the performance deposit of the permit holder or licence holder as payment towards the cost incurred.

46.

The Supervisor shall refund the balance of the performance deposit to the permit holder or licence holder

(a) after payment of the costs referred to in subsection 45(2); or

(b) where the Supervisor is satisfied that a permit holder or licence holder has completed all of the requirements and obligations under the permit or licence, the Act and these regulations.

RRNWT 1990,c.F-14(Supp.),s.26,27.

47.

(1) The Supervisor shall issue a letter of clearance to a timber cutting permit holder or a timber cutting licence holder where the Supervisor is satisfied that all the requirements or obligations of the permit or licence, the Act and these regulations have been fulfilled.

(2) No letter of clearance is required for a person to whom section 22 applies.

48.

Notwithstanding anything in these regulations, the Supervisor may exempt a permit holder or licence holder from his or her obligation to pay all or any part of the charges set out in the Schedule where the permit holder or licence holder conducts a timber salvage operation at the request of an officer.

Suspension

49.

(1) Before the Supervisor suspends a permit or licence he or she shall

(a) give notice to the permit holder or licence holder that if the non-payment of fees or violation of the Act or regulations is not corrected within the time specified in the notice, the Supervisor may suspend the permit or licence; and

(b) give the permit holder or licence holder a reasonable opportunity to respond.

(2) Subsection (1) does not apply where, in the opinion of the Supervisor, the protection of any person, property or the environment requires the immediate suspension of a permit or licence.

50.

Where the Supervisor suspends a permit or licence under the Act, a notice of suspension must

(a) be served personally on the permit holder, licence holder or a person who is apparently in charge of the timber operation;

(b) be posted in a conspicuous place at the location of the timber operation; or

(c) be served on the permit holder or licence holder by registered mail with acknowledgement of receipt.

51.

(1) Every person who receives a notice of suspension shall immediately discontinue the timber operation referred to in the order.

(2) Notwithstanding subsection (1), a timber operator shall, when served with a notice of suspension, complete all operations necessary to ensure the safety of his or her employees and the general public.

Records

52.

(1) A timber operator shall keep and maintain books and records of all timber that is cut, transported, scaled, milled, sold or otherwise dealt with as authorized in his or her licence, permit or forest management agreement.

(2) The books and records referred to in subsection (1) must be preserved for a period of five years from the date of entry or receipt.

53.

An officer may inspect, at any reasonable time, all records required to be preserved under these regulations.

54.

(1) Every timber cutting permit holder, timber cutting licence holder and mill licence holder shall, for each month during which the permit holder or licence holder cut, milled or sold timber, submit to the Supervisor a timber return, in a form approved by the Supervisor, that contains

(a) a complete statement of the volume of timber product cut, milled or sold by the permit holder or licence holder during the month; and

(b) such other information regarding the timber operations of the permit holder or licence holder during the month as is required by the Supervisor.

(2) A permit holder or licence holder who submits a timber return for approval under subsection (1) shall certify the accuracy of the information contained in the timber return by signing the timber return.

(3) A permit holder or licence holder who is required to submit a timber return under subsection (1) shall submit the timber return to the Supervisor within 21 days following the end of the month for which it is required or within such other period as the Supervisor may allow. R-019-93,s.4.

Seizure

55.

An officer who seizes equipment, books, records, documents or timber under the Act or these regulations shall

(a) serve personally on the timber operator or person in actual or apparent possession of the goods to be seized, or

(b) post in a conspicuous place at the location where the goods are seized,

a notice of seizure in a form approved by the Supervisor.

56.

An officer who believes that any particular goods under seizure are not readily identifiable or distinguishable from other similar goods or chattels may affix to the goods or chattels a copy of the notice of seizure and no person shall, without lawful authority, deface, remove or otherwise interfere with any such notice or remove or interfere with the goods or chattels seized.

Buildings, Equipment and Materials

57.

(1) Except as authorized by the Northwest Territories Lands Act or regulations made under that Act, a timber operator shall,

(a) when no longer required by him or her for the purpose of the timber operation, unless otherwise authorized by the Supervisor, or

(b) on the demand of an officer,

remove, demolish or otherwise dispose of, in a manner satisfactory to the Supervisor, all buildings and other structures constructed by him or her in the area described in the permit, licence or forest management agreement, and all equipment and materials brought by him or her into that area.

(2) Where a person fails to comply with subsection (1), an officer may cause all buildings and other structures and equipment and materials to be removed or disposed of by demolition, public sale or otherwise as the officer sees fit.

(3) All costs incurred as a result of proceedings under subsection (2) may be recovered from the proceeds of sale, if any, and any balance remaining shall be paid to the timber operator. R-039-2014,s.2.

Reforestation

58.

(1) A timber operator shall reforest all cut over lands where required by, and in accordance with, the terms or conditions of his or her permit, licence or forest management agreement, and in a manner satisfactory to an officer.

(2) Notwithstanding any provision in a permit, licence or forest management agreement, where reforestation is required to be conducted under the terms of a permit, licence or forest management agreement, it must be completed no later than 10 years following the cutting of the timber.

59.

The Supervisor may exempt a timber operator from his or her obligation to pay a timber cutting or reforestation charge where

(a) the timber being harvested is determined by an officer to be dead, damaged or diseased;

(b) the timber is being cleared on land scheduled for agricultural development or industrial use;

(c) timber that is cut or was to be cut by the timber operator is burned or destroyed and the Minister is satisfied that the burning or destruction was not caused by the timber operator or anyone acting on his or her behalf; or

(d) the timber operator carries out selective cutting to improve a timber stand, as approved by the Supervisor.

RRNWT 1990,c.F-14(Supp.),s.28; R-019-93,s.5.

60.

The expiration or termination of a permit, licence or forest management agreement does not relieve the timber operator or former timber operator of his or her obligation to reforest.

61.

A timber operator or former timber operator shall, within 30 days of completion of all reforestation, submit to the Supervisor a final report detailing the reforestation of all cut over lands that required reforestation under the permit, licence or forest management agreement.

Appeals

62.

(1) A notice of appeal must be in a form approved by the Supervisor and must be accompanied by a deposit of $250.

(2) The deposit referred to in subsection (1) must

(a) be returned to the appellant if the Minister varies or quashes the decision of the Supervisor, together with interest on the deposit in accordance with the Financial Administration Act; or

(b) be forfeited to the Government of the Northwest Territories should the Minister confirm the decision of the Supervisor.

Oath for Officer

63.

An officer, other than an ex officio officer, shall, before acting as such, take and subscribe an oath or affirmation in the following form, translated, where applicable, into his or her native language:

I, ................................, do solemnly swear/affirm that I will diligently, impartially and to the best of my ability, execute and perform the duties required of me as a forest management officer, and will follow all lawful instructions that I receive as such, without fear of, or favour towards, any person. So help me God/I so affirm.

Schedule: amended, RRNWT 1990,c.F-14(Supp.), s.29; repealed, R-019-93,s.6.

SCHEDULE A

APPLICATION FEES

1. Timber cutting licence.................. $150

2. Mill licence........................... $ 25

3. Scaling licence......................... $ 10

4. Research licence ....................... $ 25

5. Timber cutting permit................... $ 20

6. Timber export permit ................... $ 25

7. Timber transport permit ................. NIL

8. Free timber cutting permit................ NIL

9. Amendment to a licence or permit referred to in items 1 to 6....................... $ 10 R-019-93,s.6.

SCHEDULE B

TIMBER CUTTING CHARGES

PART I. SAWLOGS

Spruce

1. The charge payable by a permit holder or licence holder for each m³ of spruce sawlogs cut during the term of a permit or an approved annual operating plan is equal to the greater of (a) $0.40; and (b) $8 less the aggregate of the following deductions that are applicable: (i) a harvesting area deduction equal to (A) $0.75 for each m³ of sawlogs cut in that part of the Territories north of 61 N and south of

62 N, (B) $1.50 for each m³ of sawlogs cut in that part of the Territories north of 62 N, (C) $1 for each m³ of sawlogs cut in that part of the Territories west of 114 W and east of 123 west, or (D) $1 for each m³ of sawlogs cut in that part of the Territories east of the Slave River, and where the sawlogs are cut in a part of the Territories that falls within two or more harvesting areas described in clauses (A) to (D), the deduction is equal to the greater of the applicable amounts, (ii) a highway transportation deduction equal to $0.05 for each 5 km or part of 5 km each m³ of sawlogs is transported on a highway in the Territories, up to a maximum of

$0.50, (iii) a seasonal highway construction deduction equal to $0.05 for each 5 km or part of 5 km each m³ of sawlogs is transported on that portion of a seasonal highway constructed by the permit holder or licence holder that runs from a highway in or a border of the Territories to the harvest block in the approved operating or annual operating plan of the permit holder or licence holder that is closest to the highway or border, up to a maximum of $1, (iv) a processing deduction equal to (A) $3 for each m³ of trees or logs processed into rough lumber in the Territories, (B) $6 for each m³ of trees or logs processed into dressed lumber in the Territories, or (C) $6 for each m³ of trees or logs processed into rails, building logs or telephone poles in the Territories.

Aspen and Pine

2. The charge payable by a permit holder or licence holder for each m³ of aspen or pine sawlogs cut during the term of a permit or an approved annual operating plan is equal to $1 less any of the following processing deductions, if applicable: (a) $0.60 for each m³ of trees or logs processed into rough or dressed lumber in the Territories; (b) $0.60 for each m³ of trees or logs processed into rails, building logs or telephone poles in the Territories.

Birch

3. The charge payable by a permit holder or licence holder for each m³ of birch sawlogs cut during the term of a permit or an approved annual operating plan is equal to $1.50 less the aggregate of the following deductions that are applicable: (a) a highway transportation deduction equal to $0.05 for each 5 km or part of 5 km that each m³ of birch sawlogs is transported on a highway in the Territories, up to a maximum of $0.50; (b) a processing deduction equal to (i) $0.50 for each m³ of trees and logs processed into rough or dressed lumber in the Territories, and (ii) $0.50 for each m³ of trees or logs processed into rails, building logs or telephone poles in the Territories.

Other Species

4. The charge payable by a permit holder or licence holder for each m³ of sawlogs of a species other than spruce, aspen, pine or birch that is cut during the term of a permit or an approved annual operating plan is

$0.40.

PART II. FUELWOOD AND FENCE POSTS

Birch

1. The charge payable by a permit holder or licence holder for each m³ of birch fuelwood or fence posts cut during the term of a permit or an approved annual operating plan is (a) $0.50, if the fuelwood or fence posts are cut from green timber; and (b) $0.25, if the fuelwood or fence posts are cut from dead timber.

Other species

2. The charge payable by a permit holder or licence holder for each m³ of fuelwood or fence posts of a species other than birch that is cut during the term of a permit or an approved annual operating plan is (a) $0.40, if the fuelwood or fence posts are cut from green timber; and (b) $0.25, if the fuelwood or fence posts are cut from dead timber.

PART III. CHRISTMAS TREES AND

TRANSPLANTS

1. The charge payable by a permit holder or licence holder for each tree cut or transplanted during the term of a permit or an approved annual operating plan is $1. R-019-93,s.6.

SCHEDULE C

REFORESTATION CHARGES

Sawlogs

1. The charge payable by a permit holder or licence holder for each m³ of sawlogs cut during the term of a permit or an approved annual operating plan is (a) $5.50, where the sawlogs are spruce; and (b) $2.25, where the sawlogs are of a species other than spruce.

Fuelwood and Fence Posts

2. The charge payable by a permit holder or licence holder for each m³ of fuelwood and fence posts cut during the term of a permit or an approved annual operating plan is $1.25, regardless of the species cut.

Transplants

3. The charge payable by a permit holder or licence holder for each tree transplanted during the term of a permit or an approved annual operating plan is $0.50. R-019-93,s.6; R-051-95,s.6.

SCHEDULE D

PERFORMANCE DEPOSITS

Sawlogs, Fuelwood and Fence Posts

1. The maximum performance deposit payable by a permit holder or licence holder for each m³ of sawlogs, fence posts or fuelwood authorized to be cut under the permit or licence is $0.50.

Transplants

2. The maximum performance deposit payable by a licence holder for a licence that authorizes the transplantation of trees is $1,000.

3. The maximum performance deposit payable by a permit holder for a permit that authorizes the transplantation of trees is $250.

Christmas Trees

4. The maximum performance deposit payable by a permit holder for a permit that authorizes the cutting of Christmas trees is $250. R-019-93,s.6.