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

Interpretation

1 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

• 2 (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.

3 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

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

General Prohibitions

• 5 (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

6 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

7 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

• 8 (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.

Contents

• 9 (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.

Expiry

10 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

11 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

• 12 (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.

• 13 (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.

• 14 (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).

• 15 (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).

16 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

• 17 (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.

18 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.

19 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

• 20 (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

21 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

• 22 (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.

Coming into Force

23 These Regulations come into force on October 1, 2005.