First Session, 46th

General Assembly

57 Elizabeth II,

BILL 65

AN ACT TO AMEND THE FORESTRY ACT

NO. 2

Received

and Read the First Time ...................................................................

Second

Reading ..............................................................................................

Committee ......................................................................................................

Third

Reading .................................................................................................

Royal

Assent ...................................................................................................

HONOURABLE

KATHY DUNDERDALE

Minister of Natural

Resources

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

Clause 1 of the Bill would amend the Forestry Act to give the minister the

authority to consider, when issuing a cutting permit for the harvest of Crown

timber, whether the applicant for the permit had harvested timber he or she was

permitted to harvest under a permit previously issued.

The amendment would also allow the

minister to consider whether an applicant for a permit has the means to harvest

or process the timber he or she is applying to cut.

Further, in clause 1 of the Bill, the

Act would be amended to clarify that there is no right of renewal of a cutting

permit, nor does right exist where cutting permits have been issued to a permittee

in the past. Clause 1(3) of the Bill

would also provide that no compensation is owed to a person and that no cause

of action arises solely as a result of this amendment.

Clause 1 of the Bill would also

repeal subsection 27(6) of the Act which is ambiguous, and substitute a

provision to clarify that a beneficial interest in a cutting permit is not

assignable, transferable or subject to sale in any way.

A BILL

AN ACT TO AMEND THE FORESTRY ACT NO. 2

Analysis

S.27 Amdt.

Cutting permit

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cF-23

as amended

(1) Section 27 of the Forestry Act is amended by adding immediately after subsection

(1) the following:

(1.1) In considering whether to issue a cutting

permit under this section, the minister may take into consideration the fact

that the person applying for the permit

(

a) failed to cut timber he or she was authorized

to cut under a permit given to him or her previously; and

(

b) does not have, personally, a means to harvest

or process the timber that the permit would authorize him or her to cut.

(2) Section 27 of the Act is amended by adding

immediately after subsection (5) the following:

(5.1) Where a cutting permit is or has been issued

under this section, that issuance shall not create a right or expectation in a

permitee for the renewal of that cutting permit, and does not in any case

create a right of renewal of a cutting permit.

(5.2) A person who, having been issued a cutting

permit, believes he or she had a right to the renewal of the permit does not

have a cause of action against the Crown and no compensation is owed to him or

her by the Crown solely as a result of the passage of subsection (5.1).

(3) Subsection 27(6) of the Act is repealed and

the following substituted:

(6) A beneficial interest in a cutting permit is

not assignable, transferable or subject to sale in any way.

Earl G. Tucker, Queen's Printer