2006 BILL 15

	15


Third Session, 45th General Assembly 55 Elizabeth II, 2006
BILL 15
AN ACT TO AMEND THE FORESTRY ACT
Received and Read the First Time...................................................................................................
Second Reading.................................................................................................................................
Committee............................................................................................................................................
Third Reading.....................................................................................................................................
Royal Assent......................................................................................................................................
HONOURABLE EDWARD J. BYRNE Minister of Natural Resources
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

Clause 1 of the Bill would add a subsection 15(2) to the Forestry Act to allow the Lieutenant-Governor in Council to impose a directed sale or a first offer refusal system for the sale of timber cut under a Crown timber licence.

Clause 2 of the Bill would add a subsection 22(2) to the Act to allow the Lieutenant-Governor in Council to impose a directed sale or a first offer refusal system for the sale of timber cut under a timber sale agreement.

Clause 3 of the Bill would add a subsection 27(8) to the Act to allow the Lieutenant-Governor in Council to impose a directed sale or a first offer refusal system for the sale of timber cut under a cutting permit.

Clause 4 of the Bill would add the proposed section 27.1 to the Act to validate first offer for sale conditions required under cutting permits issued before the commencement of the section.

Clause 5 of the Bill would add further regulatory provisions to section 38 of the Act to allow the Lieutenant-Governor in Council to make regulations respecting a first offer refusal system.

A BILL

AN ACT TO AMEND THE FORESTRY ACT

Analysis

1. S.15 Amdt.
Crown timber licence

2. S.22 Amdt.
Timber sale agreement

3. S.27 Amdt.
Cutting permit

4. S.27.1 Added
Cutting permits validated

5. S.38 Amdt.
Regulations

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cF-23
as amended

1. Section 15 of the Forestry Act is amended by renumbering it as subsection 15(1) and by adding immediately after that subsection the following:

(2) Where a person applies for a Crown timber licence, the Lieutenant-Governor in Council may, in accordance with the regulations made under section 38, require that timber cut under the licence be

(a) sold to a person specified by the Lieutenant-Governor in Council; or

(b) first offered for sale to a person specified by the Lieutenant-Governor in Council,

and where the licence is issued, that requirement and other terms and conditions that the Lieutenant-Governor in Council may require shall be considered to be a term or condition of that licence.

2. Section 22 of the Act is amended by renumbering it as subsection 22(1) and by adding immediately after that subsection the following:

(2) Where it is proposed that a timber sale agreement be entered into under subsection (1), the Lieutenant-Governor in Council may, in accordance with the regulations made under section 38, require that timber cut under the agreement be

(a) sold to a person specified by the Lieutenant-Governor in Council; or

(b) first offered for sale to a person specified by the Lieutenant-Governor in Council,

and where the timber sale agreement is entered into, that requirement and other terms and conditions that the Lieutenant-Governor in Council may require shall be considered to be a term or condition of that timber sale agreement.

3. Section 27 of the Act is amended by adding immediately after subsection (7) the following:

(8) Where a person applies for a cutting permit, the Lieutenant-Governor in Council may, in accordance with the regulations made under section 38, require that timber cut under the permit be

(a) sold to a person specified by the Lieutenant-Governor in Council; or

(b) first offered for sale to a person specified by the Lieutenant-Governor in Council,

and where the permit is issued, that requirement and other terms and conditions that the Lieutenant-Governor in Council may require shall be considered to be a term or condition of that permit.

4. The Act is amended by adding immediately after section 27 the following:

Cutting permits validated

27.1 Where, before the coming into force of this section, the minister or a forestry official issued a cutting permit under this Act and a term or condition of the cutting permit specified that timber cut under the permit be first offered for sale as directed by the minister or the forestry official, that term or condition and cutting permit shall be considered to have been validly issued under this Act.

5. The Act is amended by adding immediately after paragraph 38(b) the following:

(b.1) respecting a first offer refusal system that may apply to the sale of timber under a Crown timber licence, timber sale agreement or cutting permit issued or made under this Part;

(b.2) establishing the terms and conditions that may be added to a Crown timber licence, timber sale agreement or cutting permit with respect to first offer refusals for the sale of timber;

(b.3) respecting the manner in which a first offer refusal system is to operate;

(b.4) determining the times, situations, areas and to whom paragraphs (b.1), (b.2) and (b.3) apply;

(b.5) respecting a directed sale of timber under a Crown timber licence, timber sale agreement or cutting permit issued or made under this Part;

(b.6) establishing the terms and conditions that may apply to a Crown timber licence, timber sale agreement or cutting permit with respect to a directed sale of timber;

(b.7) respecting the manner in which a directed sale of timber is to operate;

(b.8) determining the times, situations, areas and to whom paragraphs (b.5), (b.6) and (b.7) apply;

(b.9) prescribing the penalties to be imposed for cutting or removing timber contrary to the provisions of a Crown timber licence, timber sale agreement or cutting permit;