Statutes and Regulations

Part 2 – Forest Stewardship Plan, Site Plan and Woodlot Licence Plan
Division 1 – Forest Stewardship Plan
	Forest stewardship plan required
	3	(1)	Before the holder of
			(a)	a major licence,
			(b)	a timber sale licence that requires its holder to prepare a forest stewardship plan,
			(c)	a community forest agreement,
			(c.1)	a community salvage licence, or
			(d)	a pulpwood agreement
			harvests timber or constructs a road on land to which the agreement or licence applies, then, subject to section 4 (2), the holder must prepare, and obtain the minister's approval of, a forest stewardship plan that includes a forest development unit that entirely contains the area on which
			(e)	the timber is to be harvested, and
			(f)	the roads are to be constructed.
		(2)	Before the timber sales manager
			(a)	invites applications for, or enters into, a timber sale licence to which subsection (1) does not apply,
			(b)	grants a road permit to the holder of a timber sale licence referred to in paragraph (a), or
			(c)	constructs an access road to an area to be harvested under a timber sale licence referred to in paragraph (a),
			then, subject to section 4 (2), the timber sales manager must prepare and obtain the minister's approval of a forest stewardship plan that includes a forest development unit that entirely contains the area
			(d)	that will be the subject of the activities described in paragraphs (a), (b) and (c) of this subsection , and
			(e)	on which timber is to be harvested and roads are to be constructed.
		(3)	Subsection (2) does not apply to a timber sale licence for timber harvested under the Park Act.
		(4)	A forest stewardship plan may apply to one or more of each of the following:
			(a)	holders of agreements under the Forest Act;
			(b)	agreements under the Forest Act;
			(c)	areas of land that are, or will be, subject to an agreement under the Forest Act.
	Exemption from forest stewardship plans
	4	(1)	If a forest stewardship plan held by the holder of a licence or an agreement referred to in section 3 (1) or by the timber sales manager referred to in section 3 (2) does not apply to an area outside the forest development unit to which the plan pertains, in which area the holder or timber sales manager will harvest timber or construct a road, the holder or timber sales manager, as the case may be, is exempt in respect of the outside area from the requirement for a forest stewardship plan, but only for the following purposes:
			(a)	harvesting timber to eliminate a safety hazard;
			(b)	harvesting timber to facilitate the collection of seed, leaving an opening not greater than 1 ha;
			(c)	removing felled trees from landings and road rights of way;
			(d)	harvesting timber not exceeding a volume of 500 m3 that, in the opinion of the minister,
				(i)	is in danger of being significantly reduced in value, lost or destroyed, by insect infestation, fire or disease, or
				(ii)	has been treated or will be treated by the holder or timber sales manager to facilitate the entrapment or elimination of pests;
			(e)	other prescribed purposes.
		(2)	A person is not required to prepare a forest stewardship plan under section 3 (1) or (2) for timber to be harvested or roads to be constructed if the timber harvesting or the road construction
			(a)	is only for one or more of the purposes referred to in subsection (1) (a) to (e) of this section, or
			(b)	is to be carried out in prescribed circumstances or under prescribed conditions.
	Content of forest stewardship plan
	5	(1)	A forest stewardship plan must
			(a)	include a map that
				(i)	uses a scale and format satisfactory to the minister, and
				(ii)	shows the boundaries of all forest development units,
			(b)	specify intended results or strategies, each in relation to
				(i)	objectives set by government, and
				(ii)	other objectives that are established under this Act and that pertain to all or part of the area subject to the plan, and
			(c)	conform to prescribed requirements.
		(1.1)	The results and strategies referred to in subsection (1) (b) must be consistent to the prescribed extent with objectives set by government and with the other objectives referred to in section 5 (1) (b).
		(2)	A forest stewardship plan must be consistent with timber harvesting rights granted by the government for any of the following to which the plan applies:
			(a)	the timber supply area;
			(b)	the community forest agreement area;
			(c)	the tree farm licence area;
			(d)	the pulpwood area.
		(3)	A forest stewardship plan or an amendment to a forest stewardship plan must be signed by the person required to prepare the plan, if an individual or, if a corporation, by an individual or the individuals authorized to sign on behalf of the corporation.
	Term of forest stewardship plan
	6	(1)	The term of a forest stewardship plan
			(a)	is the period, not exceeding 5 years, that the person submitting the plan for approval specifies at the time of submission, and
			(b)	begins on the date specified in writing by the minister in approving the plan.
		(2)	The minister by written notice given to the holder may extend the term of a forest stewardship plan, before or after it expires for an additional period not exceeding 5 years in the circumstances specified by regulation.
		(3)	The extended forest stewardship plan may include changes to the extent authorized by regulation.
	Limited protection for forest development units
	7	(1)	A proposed forest stewardship plan must be considered to have received the minister's approval under section 16 (1) for the parts, if any, of the forest stewardship plan that pertain to
			(a)	a cutting permit, road permit or timber sale licence if the permit or licence is in effect on the date of the submission of the forest stewardship plan to the minister, or
			(b)	an area that conforms to the prescribed requirements.
		(1.1)	A proposed forest stewardship plan must be considered to have received the minister's approval under section 16 (1) for the parts, if any, of the plan, including but not limited to results and strategies described in it, that pertain to a forest development unit that is in effect on the date of the submission of the forest stewardship plan to the minister unless
			(a)	one or more of the following events occur during the period specified in subsection (2):
				(i)	an enactment applicable to the forest development unit is made or amended;
				(ii)	an objective set by government applicable to the forest development unit is established, varied or cancelled;
				(iii)	if specified by regulation, another objective applicable to the forest development unit is established, varied or cancelled by order under this Act;
				(iv)	an area of land in or adjacent to the forest development unit is designated by order under the regulations as a community watershed;
				(v)	a community watershed in or adjacent to the forest development unit is varied or cancelled by order under the regulations;
				(vi)	timber in the vicinity of the forest development unit has suffered catastrophic damage, and
			(b)	the minister considers that the forest development unit is inconsistent with the events described in paragraph (a) that occur.
		(2)	The specified period under subsection (1.1) begins 4 months before the date the existing plan was submitted for approval and ends 4 months before the date the proposed plan was submitted for approval.
	Mandatory amendments
	8	(1)	Subject to subsection (2), the holder of a forest stewardship plan, within the applicable period under subsection (1.1), must propose and submit for approval by the minister, amendments to the plan that take into account an event described in section 7 (1.1) (a) (i), (ii) or (iii) that affects an area under the plan.
		(1.1)	The applicable period under subsection (1) is
			(a)	2 years, or
			(b)	a longer period specified
				(i)	in an enactment referred to in section 7 (1.1) (a) (i),
				(ii)	in an objective set by government referred to in section 7 (1.1) (a) (ii), or
				(iii)	in an order referred to in section 7 (1.1) (a) (iii).
		(2)	If a different period than that described in subsection (1) is specified in relation to a forest stewardship plan for the purposes of this section in any
			(a)	objective for a wildlife habitat area established under the regulations, or
			(b)	objectives set by government referred to in paragraph (b) of the definition of that term in section 1 (1),
			that different period applies to the forest stewardship plan instead of the period mentioned in subsection (1).
	Proportional objectives
	9		In prescribed circumstances, the minister may establish targets, in specified proportions between or among the holders of forest stewardship plans, for sharing the responsibility to obtain results consistent with objectives set by government.
Division 2 – Site Plans
	Site plans for cutblocks and roads
	10	(1)	Except in prescribed circumstances, the holder of a forest stewardship plan must prepare a site plan in accordance with prescribed requirements for any
			(a)	cutblock before the start of timber harvesting on the cutblock, and
			(b)	road before the start of timber harvesting related to the road's construction.
		(2)	A site plan must
			(a)	identify the approximate locations of cutblocks and roads,
			(b)	be consistent with the forest stewardship plan, this Act and the regulations, and
			(c)	identify how the intended results or strategies described in the forest stewardship plan apply to the site.
		(3)	A site plan may apply to one or more cutblocks and roads whether within the area of one or more forest stewardship plans.
	Site plan available to public
	11		A holder of a site plan must make it publicly available on request at any reasonable time at the holder's place of business nearest to the area under the site plan.
Division 3 – Woodlot Licence Plan
	Woodlot licence plan required
	12	(1)	Before the holder of a woodlot licence harvests timber or constructs a road on land to which the licence applies, the holder must prepare, and obtain the minister's approval of, a woodlot licence plan that includes the area on which the timber is to be harvested and the roads are to be constructed.
		(2)	The holder of a woodlot licence may obtain a cutting permit or road permit only if it is consistent with a woodlot licence plan.
		(3)	Despite subsections (1) and (2), the minister, in the circumstances and on the conditions, if any, that are prescribed may authorize the holder of a woodlot licence to obtain a cutting permit or road permit
			(a)	to deal with a forest health emergency, or
			(b)	to harvest timber that has been damaged and is in danger of being significantly reduced in value, lost or destroyed.
	Content of woodlot licence plan
	13	(1)	A woodlot licence plan must
			(a)	include a map that
				(i)	uses a scale and format satisfactory to the minister,
				(ii)	provides prescribed information about forest resources, and
				(iii)	shows the boundaries of areas for which the woodlot licence plan specifies intended results or strategies,
			(b)	except in prescribed circumstances, specify intended results or strategies, each in relation to
				(i)	objectives set by government, and
				(ii)	other objectives that are established under this Act and that pertain to all or part of the area subject to the plan, and
			(c)	conform to prescribed requirements.
		(2)	A woodlot licence plan must be consistent with the objectives referred to in subsection (1) (b).
		(3)	A woodlot licence plan need not be consistent with objectives set by government to the extent that those objectives pertain to
			(a)	retention of old forest,
			(b)	seral stage distribution,
			(c)	landscape connectivity, or
			(d)	temporal and spatial distribution of cutblocks.
		(4)	A woodlot licence plan or an amendment to a woodlot licence plan must be signed by the person required to prepare the plan, if an individual or, if a corporation or band as defined in the Indian Act (Canada), by an individual or the individuals authorized to sign on behalf of the corporation or band.
	Term of woodlot licence plan
	14	(1)	The term of a woodlot licence plan
			(a)	is 10 years, and
			(b)	begins on the date specified in writing by the minister in approving the plan.
		(2)	The minister must extend the term of a woodlot licence plan that conforms to prescribed requirements for an additional period of 10 years unless the holder, by written notice given to the minister at least 6 months before the expiry of the initial term, requests an extension for a specified shorter period, in which case the minister must extend the term for that shorter period.
		(3)	Before or after the expiration of a woodlot licence plan that does not conform to the prescribed requirements referred to in subsection (2), the minister may extend the term of the plan for a period or periods not exceeding 2 years in total.
		(4)	The extended woodlot licence plan may include changes to the extent authorized by regulation.
	Amendments to a woodlot licence plan
	15	(1)	In this section:
			"amendment" means an amendment to a woodlot licence plan to make it consistent with an objective;
			"objective" means
			(a)	an objective set by government, and
			(b)	an objective that is established under this Act
			but does not include an objective referred to in section 13 (3).
		(2)	No later than 5 years after the date an objective is established, the holder of a woodlot licence plan that becomes inconsistent with an objective must submit an amendment to the minister for approval.
		(3)	Despite subsection (2), the holder of a woodlot licence plan need not submit an amendment that pertains to a portion of the plan that is subject to
			(a)	a cutting permit, or
			(b)	a road permit
			in effect immediately before the establishment of the objective.
Division 4 – General
	Approval of forest stewardship plan, woodlot licence plan or amendment
	16	(1)	The minister must approve a forest stewardship plan or an amendment to a forest stewardship plan if it conforms to section 5.
		(1.01)	A forest stewardship plan or an amendment to a forest stewardship plan conforms to section 5 if
			(a)	a person with prescribed qualifications certifies that it conforms to section 5 in relation to prescribed subject matter, and
			(b)	the minister is satisfied that it conforms to section 5 in relation to subject matter not prescribed for the purpose of paragraph (a).
		(1.1)	The minister must approve a woodlot licence plan or an amendment to a woodlot licence plan if it conforms to section 13.
		(1.2)	A woodlot licence plan or an amendment to a woodlot licence plan conforms to section 13 if
			(a)	a person with prescribed qualifications, certifies that it conforms to section 13 in relation to prescribed subject matter, and
			(b)	the minister is satisfied that it conforms to section 13 in relation to subject matter not prescribed for the purpose of paragraph (a).
		(2)	A forest stewardship plan, a woodlot licence plan or an amendment to either that is submitted to the minister for approval must be considered to have conformed to this Act, the regulations, the standards and the objectives set by government if the plan or amendment conforms to the relevant provisions of this Act, the regulations, the standards and the objectives as they were 4 months before the date of the submission of the plan or amendment to the minister.
		(2.01)	The Lieutenant Governor in Council, by order, may declare that a forest stewardship plan, a woodlot licence plan or an amendment to either that is submitted to the minister for approval, despite subsection (2), must immediately conform to some or all of this Act, the regulations, the standards and the objectives set by government as set out in the order.
		(2.1)	Except in prescribed circumstances, before approving a plan or amendment, the minister may may require the holder of a proposed plan or amendment to submit information that the minister reasonably requires in order to determine if the proposed plan or amendment conforms to subsection (1) or (1.1), whichever is applicable.
		(3)	The minister must give written reasons for refusing to approve a forest stewardship plan, a woodlot licence plan or an amendment to either.
		(4)	If the minister receives information that gives the minister reason to believe that a forest stewardship plan, woodlot licence plan, or an amendment to either, did not, at the time of its approval under this section, conform, in relation to
			(a)	the prescribed subject matter referred to in subsection (1.01) (a) to section 5, or
			(b)	the prescribed subject matter referred to in subsection (1.2) (a) to section 13
			the minister, after giving the holder of the plan an opportunity to be heard,
			(c)	may determine whether the plan conformed, at the time of its approval, with,
				(i)	section 5 in relation to the subject matter mentioned in paragraph (a), or
				(ii)	section 13 in relation to the subject matter mentioned in paragraph (b), and
			(d)	in the case of a plan determined under paragraph (c) to be non-conforming, may order the holder to amend the plan to so conform, by a date specified in the order.
		(5)	The holder of a forest stewardship plan or woodlot licence plan who receives notice of an order made under subsection (4) must comply with the order.
	Approval in emergency cases
	17		If the minister determines that timber subject to a forest stewardship plan, a woodlot licence plan, or an amendment to either should be harvested without delay because it is in danger of being damaged, significantly reduced in value, lost or destroyed, the minister, in prescribed circumstances, may approve the plan or amendment even though the plan or amendment does not comply with section 16.
	Review and comment
	18		A person responsible for preparing a forest stewardship plan, a woodlot licence plan, or an amendment to either, if required by the regulations and then in accordance with the regulations, must make the plan or amendment publicly available for
			(a)	review, and
			(b)	comment
			before submitting the plan or amendment to the minister for approval.
	Protection for cutting and road permits
	19	(1)	An approval or a refusal to approve a forest stewardship plan, a woodlot licence plan or an amendment to either does not affect a cutting permit or road permit if the cutting permit or road permit is in effect immediately before the approval or refusal.
		(2)	Section 8 does not apply to the portion of the area to which a forest stewardship plan applies
			(a)	which portion is subject to a cutting permit, road permit or timber sale licence,
			(b)	over which portion a road referred to in subsection (4) is or has been constructed, or
			(c)	which portion conforms to prescribed criteria.
		(3)	An approval or a refusal to approve a forest stewardship plan or an amendment does not affect a timber sale licence that does not provide for cutting permits if the licence
			(a)	has been advertised before the approval or refusal, or
			(b)	is in effect immediately before the approval or refusal.
		(4)	An approval or a refusal to approve a forest stewardship plan or an amendment does not affect the minister's discretion under section 121 of the Forest Act to construct a road to provide access to an area to be harvested under a timber sale licence.
	Minor amendments to forest stewardship and woodlot licence plans
	20	(1)	Despite section 16, except in prescribed circumstances, an approval is not required to amend a forest stewardship plan or a woodlot licence plan if its holder determines that
			(a)	the proposed amendment
				(i)	conforms to section 5, for an amendment to a forest stewardship plan, or to section 13, for an amendment to a woodlot licence plan, and
				(ii)	does not materially change the intended results or strategies specified in the plan, or
			(b)	the proposed amendment conforms to prescribed requirements.
		(2)	The holder of a forest stewardship plan or a woodlot licence plan must provide the district manager with a copy of the amendment as soon as practicable after it has been incorporated in the plan.
		(3)	The minister may take action in accordance with the regulations if he or she considers that the decision under subsection (1) was wrongly made.
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