Gros Morne National Park of Canada Timber Harvesting Regulations (SOR/2005-204)

Regulations are current to 2016-01-25 and last amended on 2009-12-03. Previous Versions

Gros Morne National Park of Canada Timber Harvesting Regulations

SOR/2005-204

CANADA NATIONAL PARKS ACT

Registration 2005-06-28

Gros Morne National Park of Canada Timber Harvesting Regulations

P.C. 2005-1270 2005-06-28

Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 17 of the Canada National Parks ActFootnote a, hereby makes the annexed Gros Morne National Park of Canada Timber Harvesting Regulations.

Interpretation

 The following definitions apply in these Regulations.

Act

Act means the Canada National Parks Act. (Loi)

authorized person

authorized person means the person specified in a timber harvesting permit in accordance with paragraph 9(1)(b). (personne autorisée)

Chief Executive Officer

Chief Executive Officer has the same meaning as in subsection 2(1) of the Parks Canada Agency Act. (directeur général)

child

child means a son or daughter of a person or an individual adopted in fact by a person. (enfant)

community

community means any of the following communities in the Province of Newfoundland and Labrador, namely, Birchy Head, Cow Head, Curzon Village, Glenburnie, Neddy Harbour, Norris Point, Rocky Harbour, St. Pauls, Sally's Cove, Shoal Brook, Trout River, Winter House Brook and Woody Point. (collectivité)

designated area

designated area means the area or areas of land specified in a timber harvesting permit in accordance with subparagraph 9(1)(f)(iii). (zone désignée)

harvest

harvest includes any or all of the following, namely, the cutting, sawing, chopping, splitting and de-limbing of timber in the park. (récolte)

harvesting season

harvesting season means the period beginning on October 15 of one year and ending on April 30 of the following year. (saison de récolte)

park

park means Gros Morne National Park of Canada. (parc)

possession

possession has the same meaning as in subsection 4(3) of the Criminal Code. (possession)

special timber

special timber means timber that is especially suited for the construction of boats. (bois spécial)

superintendent

superintendent means the superintendent of the park. (directeur)

temporary shelter

temporary shelter means a structure that is constructed in such a manner and with such materials that it may readily be dismantled and removed, the sole purpose of which is to provide daytime temporary shelter from the elements during harvesting. (abri temporaire)

timber

timber means all trees — living, dying, dead, standing or fallen — that have grown in the park, and includes parts of those trees. (bois)

timber harvesting permit

timber harvesting permit means a permit issued under section 8. (permis de récolte de bois)

waterbody

waterbody means any permanent pond, lake or other body of standing water that is represented on a National Topographic Series (NTS) 1:50,000 map. (étendue d'eau)

watercourse

watercourse means any permanent river, stream, brook, creek or other flowing water that is represented on a National Topographic Series (NTS) 1:50,000 map. (cours d'eau)

Application

  •  (1) These Regulations apply to Gros Morne National Park of Canada.

  • (2) In the event of an inconsistency between these Regulations and any other regulations made under the Act, these Regulations prevail to the extent of the inconsistency.

 Sections 5 and 11 do not apply to the superintendent, a park warden, an enforcement officer or a peace officer while they are performing functions related to the management of timber harvesting or to any other person authorized by the superintendent while they are conducting scientific research in the park in respect of the timber or the harvesting activity.

Traditional Renewable Resource Harvesting Activity

 Harvesting of timber is hereby specified to be a traditional renewable resource harvesting activity.

General Prohibitions

  •  (1) No person shall harvest timber or be in possession of harvested timber unless the person is the holder of a timber harvesting permit or is an authorized person.

  • (2) No person shall harvest white pine (Pinus strobus), yellow birch (Betula alleghaniensis), black ash (Fraxinus nigra) or red maple (Acer rubrum).

Timber Harvesting Permits

Purposes

 Timber harvested under a timber harvesting permit may be used for one or more of the following purposes:

  • (a) in the case of a permit to harvest timber other than special timber, for

    • (i) heating, repairing or maintaining the dwelling of the permit holder,

    • (ii) constructing a dwelling, barn, garage or shed appurtenant to an existing dwelling of the permit holder, or

    • (iii) constructing a shed to be used for the commercial fishing operations of the permit holder; and

  • (b) in the case of a permit to harvest special timber, for commercial boat building in Rocky Harbour.

Application

 An application for a timber harvesting permit shall be submitted to the superintendent on the form provided by the superintendent and must include the name of the applicant, the name of any person whom the applicant intends to authorize to harvest the timber with them or on their behalf, the purpose for which the timber to be harvested under the permit will be used, and

  • (a) in respect of an application for a permit to harvest timber other than special timber, written evidence that

    • (i) the applicant is a permanent resident of a community and was, on or before August 13, 1973, at least 19 years of age and a permanent resident of a community or of the lands that constitute the park, or

    • (ii) the applicant is the child of a person described in subparagraph (i) and a permanent resident of a community; and

  • (b) in respect of an application for a permit to harvest special timber, written evidence that the applicant is a permanent resident of a community and that, on August 13, 1973, the applicant was

    • (i) at least 19 years of age and a permanent resident of a community or of the lands that constitute the park, and

    • (ii) a commercial boat builder in Rocky Harbour.

Issuance

  •  (1) Subject to any other provisions of these Regulations and any determinations made under sections 17 to 19, the superintendent shall issue a timber harvesting permit to an applicant who submits an application in accordance with section 7.

  • (2) In determining whether to issue a timber harvesting permit and the conditions to be set out in the permit, the superintendent shall have regard to the protection of timber and the preservation, control and management of the park generally, including the maintenance or restoration of its ecological integrity.

  • (3) No person is entitled to obtain more than one timber harvesting permit

    • (a) at any time, for a purpose set out in subparagraph 6(a)(i); and

    • (b) during their lifetime, for a purpose set out in subparagraph 6(a)(ii) or (iii).

  • (4) No person is entitled to obtain a timber harvesting permit if they are already the holder of a timber harvesting permit that has been suspended or if, during the 12 months preceding the submission of the application,

    • (a) a timber harvesting permit issued to them was revoked; or

    • (b) the authorized person identified in their permit application contravened a condition of a timber harvesting permit or of these Regulations resulting in the revocation of a timber harvesting permit.

  • (5) The permit holder shall sign the timber harvesting permit.

  • SOR/2009-322, s. 24.

Contents

  •  (1) Every timber harvesting permit shall contain

    • (a) the name of the permit holder;

    • (b) the name of the authorized person, if any;

    • (c) a statement that transfer or assignment of the permit is prohibited;

    • (d) a description of the duties of the permit holder and the authorized person, if any, as set out in sections 12 to 16;

    • (e) a statement that contravention of a condition of the permit by the permit holder or the authorized person, if any, constitutes an offence under subsection 24(3) of the Act; and

    • (f) any standard conditions that are specified by the superintendent, in accordance with sections 17 to 19, in respect of

      • (i) the duration of the permit,

      • (ii) the purpose or purposes for which the timber is to be harvested,

      • (iii) the designated areas in the park in which the timber may be harvested,

      • (iv) the quantity and species of timber that may be harvested,

      • (v) the minimum diameter of timber that may be harvested,

      • (vi) [Repealed, SOR/2009-322, s. 25]

      • (vii) the harvesting methods and types of equipment that may be used in the harvesting,

      • (viii) the date when, and location where, harvested timber shall be stacked for purposes of scaling and inspection,

      • (ix) the method to be used to mark and stack harvested timber, and

      • (x) the number, location and type of temporary shelters that may be constructed in any designated area.

      • (xi) [Repealed, SOR/2009-322, s. 25]

  • (2) The superintendent may, when necessary for the protection of timber and the preservation, control and management of the park, including the maintenance or restoration of its ecological integrity, include in timber harvesting permits to be issued in any harvesting season any supplementary conditions that may be required.

  • SOR/2009-322, s. 25.
 
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