Volume 1 - Resource Management
Chapter 3 - Range Management

Policy 3.8 - Non-Use of Grazing Rights

Effective Date: 31-July-97
Responsible Branch: Forest Practices Branch

Resource Management Volume Table of Contents | Amendment Log

Scope

This policy establishes the terms and conditions under which grazing tenure holders may use less than the amount of forage authorized by the tenure.

Policy

Short term fluctuations are allowed in the use of authorized Crown forage, but if over the long term, and without Ministry consent, the authorized use is not fully utilized, the tenure will be suspended and may be cancelled.

On the request of the tenure holder, the Ministry may allow the tenure holder not to utilize a portion or all of the authorized use.

Authorized Non-use

If the authorized use is not used, the tenure will be suspended and may be cancelled, except in the following circumstances (Range Act, s.31, 35):

  • the non-use is 20% or less of the authorized use
  • in the case of planned business venture or financial distress, the tenure holder applies to, and receives permission from the District Manager not to use a portion or all of the authorized use. This application must be received before January 1 of the year in which the non-use is to occur.
  • in the case of an unforeseen event, the tenure holder notifies the District Manager within 14 days, and the District Manager is satisfied that it was an unforeseen event

Obligations of Tenure Holder

If the non-use exceeds 20% of the authorized use, the tenure holder must apply for a non-use authorization.

As a condition of a non-use authorization, the tenure holder may be required to prepare a revised tenure management plan which is acceptable to the District Manager.

Non-use of Crown range does not waive the tenure holder's other financial obligations, such as paying fees and levies related to Crown range resource and livestock management.

District Managers will request tenure holders to report all current or anticipated non-use.

Reduction of Fees and Rent

Grazing fees payable by the tenure holder may be reduced for unforeseen events or circumstances beyond the control of the tenure holder if they are reported within 14 days of their occurrence and are accepted by the District Manager (Range Act, s.11, 19).

Grazing fees may also be reduced for planned business ventures or cases of financial distress when reported before January 1 of the relevant year.

Ground rent is not affected by non-use.

References