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

Regulations are current to 2013-04-29

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  • (3) [Repealed, SOR/94-690, s. 1]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).