Indian Timber Harvesting Regulations (SOR/2002-109)

Regulations are current to 2017-11-20

Indian Timber Harvesting Regulations

SOR/2002-109

INDIAN ACT

Registration 2002-02-28

Indian Timber Harvesting Regulations

P.C. 2002-280  2002-02-28

Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to section 57 and subsection 73(3) of the Indian Act, hereby makes the annexed Indian Timber Harvesting Regulations.

Interpretation

 The following definitions apply in these Regulations.

first nation lands

first nation lands means the reserve lands and surrendered lands of a band named in the schedule. (terres des premières nations)

licence

licence means a licence granted under section 5. (permis)

peace officer

peace officer has the same meaning as in section 2 of the Criminal Code. (agent de la paix)

Removal of Timber from a Reserve

 Nothing in these Regulations shall be interpreted so as to negate the requirement to obtain permission under section 93 of the Indian Act before removing timber from a reserve.

Application

  •  (1) These Regulations apply in respect of the cutting of timber on first nation lands.

  • (2) The Indian Timber Regulations do not apply in respect of the cutting of timber on first nation lands.

Prohibition

  •  (1) Subject to subsections (2) and (3), no person shall cut timber on first nation lands without a licence.

  • (2) A person acting on behalf of the council of a band may, without a licence, cut timber on behalf of that council of the band on any reserve lands of the band that have not been allotted by the council of the band or designated by the band and that are not already subject to a licence, if the timber and any product made from the timber is intended for use on first nation lands of the band.

  • (3) The holder of a Certificate of Possession in respect of land that forms part of reserve lands of a band may, without a licence, cut timber on the land described in the Certificate of Possession that is not already subject to a licence, if the timber and any product made from the timber is intended for use on the first nation lands of the band.

Licences

  •  (1) Subject to subsection (2), the Minister may grant a licence

    • (a) to any person, entitling that person, or another person acting on behalf of that person, to cut timber on first nation lands; or

    • (b) to the council of a band, entitling any person acting on behalf of the council of the band to cut timber on the first nation lands of the band.

  • (2) The Minister may grant a licence in respect of reserve lands of a band only with the consent of the council of the band.

Seizure of Timber

  •  (1) The Minister or a peace officer may seize any timber cut on first nation lands that was not cut under the authority of a licence or in accordance with subsection 4(2) or (3).

  • (2) Seizure of timber may be achieved by posting on or near the timber a notice stating that the timber has been seized under the authority of these Regulations.

 When timber has been seized and no claim to challenge the seizure or to recover the timber is made within 30 days after the seizure, the timber is forfeited to Her Majesty.

Penalty

 Every person who contravenes a provision of these Regulations is liable on summary conviction to a fine not exceeding $100 or to imprisonment for a term not exceeding three months, or to both.

Repeal

 [Repeal]

Coming into Force

 These Regulations come into force on the day on which they are registered.

 
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