284_2007 — Cutting Permit Postponement Regulation

s. 1 — Definitions

In this regulation:

s. 1 — Act

Act means the Forest Act;

s. 1 — deferred timber

deferred timber means timber under a cutting permit that is subject to an application for postponement under section 52.11 (1) of the Act.

s. 2 — Forest management reasons for postponing operation of cutting permit

For the purposes of section 52.11 (1) [postponement of cutting permit] of the Act, the minister may postpone the operation of a cutting permit

s. 2(a)

if, in the minister's opinion,

s. 2(a)(i)

it is necessary or desirable for a holder of a cutting permit to harvest other timber in priority to deferred timber because the other timber is in danger, as a result of forest health factors, of being significantly reduced in value, lost or destroyed, and

s. 2(a)(ii)

the postponement will not result in the deferred timber being significantly reduced in value, lost or destroyed, or

s. 2(b)

if, in the minister's opinion, the continuance or completion of timber harvesting operations under the cutting permit is likely to result in in an area of land covered by the cutting permit.

s. 2(b)(i)

an adverse effect on reforestation, or

s. 2(b)(ii)

an unacceptable risk of a fire hazard,

s. 3 — Access reasons for postponing operation of cutting permit

For the purposes of section 52.11 (1) of the Act, the minister may postpone the operation of a cutting permit if, in the minister's opinion,

s. 3(a)

it is not, or was not, practicable for the holder of the permit to access the deferred timber because of circumstances

s. 3(a)(i)

beyond the control of the holder of the permit,

s. 3(a)(ii)

unrelated to the financial situation of the holder of the permit, and

s. 3(a)(iii)

unrelated to market conditions affecting revenue or costs associated with harvesting, removing, transporting or disposing of the deferred timber, and

s. 3(b)

because of the circumstances referred to in paragraph (a), it is no longer practicable for the holder of the permit to harvest the deferred timber before the expiration date of that permit.