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

Regulations are current to 2017-11-20 and last amended on 2009-12-03. Previous Versions

Expiry

 A timber harvesting permit expires on the earliest of

  • (a) the expiry date stated on the permit,

  • (b) the date on which the permit is revoked, and

  • (c) the date on which the permit holder ceases to be a permanent resident of a community.

Prohibitions — Holders of Timber Harvesting Permits and Authorized Persons

 No holder of a timber harvesting permit or authorized person, if any, shall

  • (a) transfer or assign the permit;

  • (b) harvest timber or, after May 15 and before October 15 in any year, leave harvested timber within 30 m of the high-water mark of the shoreline of a watercourse;

  • (c) harvest timber or, after May 15 and before October 15 in any year, leave harvested timber within 100 m of

    • (i) the centre of a road,

    • (ii) the high-water mark of the shoreline of a waterbody, or

    • (iii) a public structure, facility or trail;

  • (d) construct

    • (i) an access route for the purpose of removing harvested timber except in a designated area, or

    • (ii) a building or other structure other than a temporary shelter;

  • (e) allow harvested timber to enter a waterbody or watercourse;

  • (f) transport harvested timber using any means other than a horse or a snowmobile;

  • (g) during harvesting or along access routes to and from a designated area, damage

    • (i) young timber, or

    • (ii) white pine (Pinus strobus), yellow birch (Betula alleghaniensis), black ash (Fraxinus nigra) or red maple (Acer rubrum);

  • (h) occupy a temporary shelter at night;

  • (i) leave, in a designated area after the expiry of the permit, stumps that exceed 15 cm in height;

  • (j) leave timber having a diameter of 8 cm or more that they cut during a harvesting season

    • (i) in a designated area after May 3 following the harvesting season, or

    • (ii) anywhere else in the park after May 15 following that harvesting season; or

  • (k) use harvested timber for any purpose other than that for which it was harvested as set out in the permit.

Duties of Permit Holder and Authorized Person

  •  (1) The holder of a timber harvesting permit and the authorized person, if any, shall

    • (a) carry the permit or a copy of the permit at all times when engaged in harvesting; and

    • (b) when requested to do so by the superintendent, a park warden, a peace officer or an enforcement officer, immediately produce the permit or a copy of the permit for examination.

  • (2) The permit holder shall notify the superintendent in writing, as soon as possible, of any change in the information provided as part of the application for the permit.

  •  (1) All timber harvested under a timber harvesting permit remains the property of Her Majesty in right of Canada until it is scaled and inspected by the superintendent.

  • (2) The permit holder shall have the timber that was harvested under their timber harvesting permit scaled and inspected by the superintendent, at the stacking location specified in the permit, no later than May 15 after the harvesting season in which the timber was harvested.

  •  (1) The superintendent shall remove and dispose of any timber that has been left in the park by the holder of a timber harvesting permit or the authorized person, if any, in contravention of these Regulations.

  • (2) The permit holder shall be responsible for all expenses incurred under subsection (1).

  •  (1) The holder of a timber harvesting permit or the authorized person, as the case may be, shall, before the expiry of the permit, remove from the park any temporary shelters that they erected and all equipment that they brought into the park.

  • (2) The superintendent shall remove and dispose of any temporary shelter or equipment that has been left in the park in contravention of subsection (1).

  • (3) The permit holder shall be responsible for all expenses incurred under subsection (2).

 The holder of a timber harvesting permit shall submit to the superintendent, within 30 days after the expiry of the permit, a written report setting out

  • (a) the quantity of timber harvested under the permit from each designated area;

  • (b) the purpose for which the timber has been or will be used; and

  • (c) any other information that must be recorded under a condition of the permit.

Powers of Superintendent

  •  (1) The superintendent shall, taking into account the necessity of protecting timber and of preserving, conserving and managing the park generally, including the maintenance or restoration of its ecological integrity, determine in respect of each harvesting season those areas in the park in which harvesting will be permitted or restricted.

  • (2) The superintendent shall post notices containing a description of the areas and their status under subsection (1) at park warden offices and information centres in the park.

 The superintendent may, at any time, for the purposes of park management, public safety or the conservation of natural resources, close areas of the park to harvesting.

 Based on the determinations made under sections 17 and 18, the superintendent shall, in respect of each harvesting season, determine the maximum quantity of any type of timber that may be harvested under timber harvesting permits in any area of the park.

Suspension and Revocation

  •  (1) The superintendent may suspend a timber harvesting permit if the permit holder or authorized person, if any, contravenes any provision of these Regulations or any condition of the permit.

  • (2) The superintendent shall reinstate a suspended timber harvesting permit

    • (a) if the contravention that led to the suspension has been corrected;

    • (b) after the expiry of a period of 30 days following the day on which the permit was suspended, unless proceedings have been instituted before the end of that period in respect of the alleged contravention; or

    • (c) if proceedings are instituted, after the person charged — the permit holder or the authorized person — has been found not guilty of an offence in respect of the alleged contravention or after the proceedings against them have been discontinued.

  • (3) The superintendent shall revoke a timber harvesting permit if

    • (a) the permit holder or authorized person, if any, is convicted of an offence in respect of a contravention of any provision of these Regulations or any condition of the permit; or

    • (b) the permit has been suspended twice during the period for which it was issued and was not reinstated under paragraph (2)(b) or (c).

Decisions of Superintendent

Notice

 If the superintendent refuses to issue, or suspends or revokes, a timber harvesting permit, the superintendent shall, as soon as possible after making their decision, provide written notice of their decision, including reasons, to the applicant or permit holder, as applicable.

Review

  •  (1) Any person to whom the superintendent has refused to issue a timber harvesting permit, or whose timber harvesting permit has been suspended or revoked by the superintendent, may request a review of the superintendent's decision by submitting a request in writing to the Chief Executive Officer within 30 days after receipt by that person of the notice referred to in section 21.

  • (2) On receipt of a written request for review, the Chief Executive Officer shall require that the superintendent issue or reinstate the timber harvesting permit if the Chief Executive Officer reaches a decision that differs from the superintendent's decision with respect

    • (a) in the case of a refusal, to the requirements and matters to be considered under sections 7 and 8; and

    • (b) in the case of a suspension or revocation, to the reasons set out in section 20.

  • (3) The Chief Executive Officer shall provide written notice of their decision, including reasons, to the person who requested the review.

 
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