Indian Timber Regulations (C.R.C., c. 961)

Regulations are current to 2017-10-13

Indian Timber Regulations

C.R.C., c. 961

INDIAN ACT

Regulations in Respect of the Cutting of Timber on Indian Reserves and Surrendered Lands

Short Title

 These Regulations may be cited as the Indian Timber Regulations.

  • SOR/94-690, s. 3(F).

Interpretation

 In these Regulations,

Act

Act means the Indian Act; (Loi)

Assistant Deputy Minister

Assistant Deputy Minister[Revoked, SOR/93-244, s. 2]

Department

Department means the Department of Indian Affairs and Northern Development; (ministère)

dues

dues means any stumpage or royalty charged for the right or privilege of the cutting and removal of timber; (droit)

licence

licence means any written authority or contract granted by the Minister for the cutting of timber on surrendered lands or reserve lands; (permis)

limit

limit means the area included in a permit or licence; (limite)

Minister

Minister means the Minister of Indian Affairs and Northern Development; (ministre)

permit

permit means a licence granted to a band or to a member or group of members of a band for whose benefit the timber is being administered; (licence)

person

person includes corporation, syndicate, firm and partnership. (personne)

  • SOR/93-244, s. 2;
  • SOR/94-690, s. 3(F);
  • SOR/95-531, s. 2.

Application

  •  (1) These Regulations apply to the cutting of timber on surrendered lands and on reserve lands.

  • (2) These Regulations do not apply in respect of the cutting of timber on lands to which the Indian Timber Harvesting Regulations apply.

  • SOR/93-244, s. 2;
  • SOR/95-531, s. 2;
  • SOR/2002-246, s. 1.

Prohibition

 No person shall cut timber on surrendered lands or on reserve lands without a licence.

  • SOR/95-531, s. 2.

Permits for Indian Use

[SOR/95-531, s. 2(F)]

 Permits to cut timber free of dues may be issued by the Minister to a band for band purposes, or to a member or group of members of a band, to cut timber and fuel wood for his or their individual use.

  • SOR/93-244, s. 2;
  • SOR/94-690, s. 3(F);
  • SOR/95-531, s. 2(F).

Permits to Cut for Sale

[SOR/93-244, s. 2; SOR/95-531, s. 2(F)]
  •  (1) With the consent of the council of a band, permits to cut timber for sale may be issued by the Minister to a band or to a member or group of members of a band.

  • (2) Dues shall be charged at prevailing rates for timber cut on band land, and for timber harvested from individual locations or holdings of Indians the rate of dues may be reduced to one-half of such prevailing rates, and the rate of the dues shall be stated in the permit.

  • (3) [Repealed, SOR/94-690, s. 1]

  • SOR/93-244, s. 2;
  • SOR/94-690, ss. 1, 3(F);
  • SOR/95-531, s. 2(F).

 All timber cut under permit shall be measured by a licensed scaler or by some competent person appointed by the Minister,

  • (a) at the place of cutting or at a concentration point adjacent thereto; or

  • (b) in the Province of British Columbia, either at the place of cutting or at some point between such place and the mill.

  • SOR/93-244, s. 2;
  • SOR/94-690, ss. 3(F), 4(F);
  • SOR/95-531, s. 2(F).

 Unless with the consent of the Minister, timber cut under permit shall not be

  • (a) manufactured, or

  • (b) except in the Province of British Columbia, removed from the place of cutting or concentration point adjacent thereto,

until it has been measured and dues paid thereon.

  • SOR/93-244, s. 2;
  • SOR/94-690, s. 3(F), 4(F);
  • SOR/95-531, s. 2(F).

 All timber permits expire on April 30th in the year next following the year of issue.

  • SOR/94-690, s. 3(F);
  • SOR/95-531, s. 2(F).

Licences

[SOR/95-531, s. 2(F)]

 Subject to section 10, the Minister may grant licences for the right to cut timber

  • (a) on surrendered lands; or

  • (b) with the consent of the council of a band, on reserve lands.

  • SOR/93-244, s. 2;
  • SOR/95-531, s. 2(F).

 Where it is estimated that the dues payable pursuant to a licence will exceed $2,500, the Minister shall invite tenders for the licence by public advertisement.

  • SOR/93-244, s. 2;
  • SOR/95-531, s. 2(F).

Renewals

[SOR/95-531, s. 2(F)]
  •  (1) Timber licences expire on April 30 in the year that follows the year in which the licence was granted, unless otherwise specified in the licence.

  • (2) Application for renewal shall be made during the term of the licence and if the application is not made within 30 days following the date of expiration of the licence it shall thereupon determine, and in the discretion of the Minister any security given by the licensee may be declared forfeited.

  • (3) If a limit has not been worked during the licence year, the licensee shall, with his application for renewal, furnish a sworn statement of the reasons for his failure to operate and a renewal shall be granted only if the Minister is satisfied with such statement.

  • SOR/93-244, s. 2;
  • SOR/95-531, s. 2(F).

Ground Rent

 Ground rent shall be paid for each licence year at the rate of $10 per square mile, except in the Province of British Columbia where the rate shall be $0.20 per acre, provided that in no case shall the rent for a licence year be less than $40.

  • SOR/95-531, s. 2(F).

 [Revoked, SOR/93-244, s. 2]

Security Deposit

  •  (1) It is a condition of every licence that the licensee shall deposit security in cash or bonds for the performance of the terms and conditions of the licence, in an amount equal to 15 per cent of the estimated dues payable under the licence.

  • (2) The Minister may convert the security deposit and apply it against dues in arrears, and in such event the licence shall not be renewed until the security deposit has been restored to the full amount.

  • (3) If a licensee fails to comply with any condition of his contract or to complete the operation in a satisfactory manner, the Minister may declare the security deposit forfeited to the Crown for the benefit of the band.

  • SOR/94-690, s. 2;
  • SOR/95-531, s. 2(F).

Scaling

 Without the consent of the Minister, timber cut under licence shall not be

  • (a) manufactured, or

  • (b) except in the Province of British Columbia, removed from the place of cutting or concentration point adjacent thereto,

until it has been measured and dues paid thereon.

  • SOR/93-244, s. 2;
  • SOR/94-690, ss. 3(F), 4(F);
  • SOR/95-531, s. 2(F).

 Failing any other provision in the licence, all timber cut from May 1st to November 30th in any year shall be scaled and paid for by January 31st of the year next following, and all timber cut from December 1st to April 30th in any licence year shall be scaled and paid for by June 30th next following the cutting.

  • SOR/94-690, ss. 3(F), 4(F);
  • SOR/95-531, s. 2(F).

 A licensee shall at his expense supply scaler's returns verified by affidavit.

  • SOR/95-531, s. 2(F).

Fire Protection

 The licensee shall pay all costs of fire protection service and of the suppression of any fire in the limit covered by his licence or occasioned by persons employed by him.

  • SOR/95-531, s. 2(F).

 [Revoked, SOR/93-244, s. 2]

Records

  •  (1) A licensee shall maintain a record of timber cut each month and, when required, shall furnish a copy of the record to the Minister.

  • (2) The Minister, or anyone authorized by him, shall at all times have free access to and be permitted to examine the books and memoranda kept by any licensee showing the quantity of timber in board measure sawn from logs and of other timber products cut under the licence, and failure to produce such books and memoranda when required so to do shall subject such licensee to a forfeiture of his rights under the licence.

  • SOR/93-244, s. 2;
  • SOR/94-690, s. 3(F);
  • SOR/95-531, s. 2(F).

Cancellation

 It is a condition of every licence that, if the licensee fails to comply with the terms and conditions of the licence or with these Regulations, the Minister may cancel the licence.

  • SOR/93-244, s. 2;
  • SOR/95-531, s. 2(F).

Conservation

  •  (1) With the consent of the licensee, the Minister may vary any licence in respect of one or more parts of a licensed area or in respect of any type, size or species of timber.

  • (2) Notwithstanding anything contained in a licence, the Minister may, for the purpose of forest management, watershed protection, fire protection or the preservation of the beauty of the landscape, game or game shelters, order the marking of such trees as are to be left standing or cut in the licensed area and order the licensee to pay the cost of such marking.

  • SOR/93-244, s. 2;
  • SOR/94-690, s. 3(F);
  • SOR/95-531, s. 2(F).

 [Revoked, SOR/93-244, s. 2]

Compliance with Laws

 Every licensee shall exercise the rights conferred by the licence in accordance with the laws of the province in which the licensee is operating under the licence regarding disposal of slash, prevention of fire hazard and the conduct of timber operations.

  • SOR/93-244, s. 2;
  • SOR/94-690, s. 4(F);
  • SOR/95-531, s. 2(F).

Seizure

  •  (1) The Minister may seize and detain any timber and any product manufactured from timber, when he has reasonable grounds to believe that

    • (a) such timber or the timber from which such product was manufactured has not been measured or counted by a scaler as required by these Regulations;

    • (b) any charges in respect of such timber or on the timber from which such product was manufactured or in respect of the lands on which such timber was cut are in default; or

    • (c) such timber or the timber from which such product was manufactured was not cut under the authority of a licence or permit.

  • (2) Any timber or product that is seized under subsection (1) may be removed to such place as the Minister may deem proper for the protection of the timber or product, and if it is seized when in possession of a carrier it shall be removed by the carrier on behalf of the Minister to such place as the superintendent may direct, provided that

    • (a) the Department may defray the costs of transportation and other charges incurred in consequence of the directions given by the superintendent, and all such costs shall be included in the costs of seizure; and

    • (b) such seizure shall not prejudice or affect any lien to which the carrier may be entitled in respect of the timber or product to the time of such seizure.

  • (3) Where timber within the meaning of this section has been made up with other timber into a crib, dam or raft, or in any other manner has been so mixed at a mill or elsewhere as to render it impossible or difficult to distinguish such timber from other timber with which it is mixed, the whole of the timber so mixed may be seized and detained until separated by the person claiming to be the owner thereof to the satisfaction of the Minister.

  • SOR/93-244, s. 2;
  • SOR/94-690, s. 3(F);
  • SOR/95-531, s. 2(F).

 Seizure of timber or any product therefrom may be made by posting beside the timber or product a notice stating that the timber or product has been seized.

 Where timber or any product manufactured therefrom has been seized and no claim to recover it has been made within 30 days from the date of the seizure, the timber or product is forfeited to the Crown.

  • SOR/93-244, s. 2.

Proceedings Following Seizure

  •  (1) Any person claiming to be the owner of timber, or any product manufactured therefrom, that has been seized under section 26 may, on at least four days notice to the Minister, apply to a judge of a court of competent jurisdiction in the place in which the timber or product is held under seizure for an order for the release from seizure and delivery of the timber or product to that person.

  • (2) Upon receipt of a bond of the claimant, with two good and sufficient sureties in an amount not less than the market value of the timber or product and the costs of the seizure, to be forfeited to the Crown if the claimant is declared by the judge not to be the owner of the timber or product, the judge may order the timber or product to be released from seizure and to be delivered to the claimant.

  • (3) Upon the application of the Minister or the claimant, and upon at least seven days notice, the judge shall determine the ownership of the timber or product whether or not it has been released and delivered to the claimant under subsection (2) and shall make an order

    • (a) declaring the claimant to be the owner

      • (i) free of any claim for charges, or

      • (ii) subject to payment of such dues, charges and expenses as he may find to be owing; or

    • (b) declaring the claimant not to be the owner and the bond, if any, forfeited to the Crown.

  • (4) The judge shall make such order as he may consider proper as to the costs of proceedings under this section and the costs of seizure.

  • (5) If the claimant is declared not to be the owner of the timber or product, it shall be disposed of in such manner as the Minister may determine.

  • SOR/93-244, s. 2.

Penalties

 Every person who contravenes a provision of these Regulations is guilty of an offence and liable on summary conviction to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding three months, or to both.

  • SOR/94-690, s. 3(F);
  • SOR/95-531, s. 2.
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