Part 6 – General
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Assignability
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58 |
(1) |
A participant may enter into an agreement with another participant to assume the latter's obligations under the Act and this regulation in respect of a cutblock or road.
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(2)
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An agreement under subsection (1) is ineffective unless it is in writing and approved by the district manager.
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Declaration of completed obligations
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59 |
(1) |
A participant who considers that the
applicable requirements of the Act and the regulations in respect of
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(a) |
a road,
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(b) |
timber harvesting activities in a cutblock, or
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(c) |
reforestation in a cutblock or in an
identifiable portion of a cutblock
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have been met may declare, in a written notice to
the district manager, that the requirements of the Act and the regulations in
respect of the road, timber harvesting or reforestation, as the case may be,
have been met.
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(2)
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A participant who considers that the requirements, described in subsection (1), have substantially but not completely been met may declare, in a written notice to the district manager, that the requirements have been met to the fullest extent that is practical if
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(a) |
the participant did not contribute by the participant's actions or omissions to not meeting the requirements, and
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(b) |
it is unlikely that the requirements can be met without taking extraordinary measures.
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(3)
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A participant must ensure that a notice under subsection (1) or (2)
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(a) |
identifies the roads or cutblocks, as the case may be,
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(b) |
specifies the nature of the requirements of the Act and the regulations to which the declaration applies, and
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(c) |
if a declaration is being made under subsection (2), includes a rationale for making the request.
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(4)
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If the district manager agrees with the declaration in a notice under subsection (1) or (2) that the requirements of the Act and the regulations specified in the declaration have been met, the district manager must notify the participant who submitted the declaration that the participant has no further obligations with respect to those requirements in those areas.
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(5)
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For the purposes of subsection (4), even if some requirements of the Act and the regulations remain outstanding, the district manager may accept a declaration that the requirements of the Act or regulations have been met if the district manager considers that
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(a) |
the participant did not by its actions or omissions contribute to not meeting the requirements,
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(b) |
it is unlikely that the requirements can be met without taking extraordinary measures, and
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(c) |
it is not in the public interest to continue to try to fully comply with the requirement.
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(6)
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Subject to subsection (5), if the district manager determines that the requirements of the Act and the regulations specified in the declaration
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(a) |
have not been met, as declared in a notice under subsection (1), or
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(b) |
have not been substantially met, as declared in a notice under subsection (2),
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the district manager must notify the participant who submitted the notice of the location and nature of any remaining requirements.
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(7)
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Before making a determination under this section, the district manager may require the participant to submit information that the district manager reasonably requires in order to make the determination.
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Cancellation of pilot project and transition
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60 |
(1) |
The minister
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(a) |
by order may cancel the pilot project on a date, in this section called the "cancellation date", at least 2 years after the date on which the order is made, and
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(b) |
must give a copy of the order to each of the participants and holders of minor timber sale licences.
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(2)
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If the minister makes an order under subsection (1), the Act and the regulations apply, effective on the cancellation date, in respect of the pilot project area, the participants and the holders of minor timber sale licences.
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(3)
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The minister may exempt participants or holders of minor timber sale licences from obligations under this regulation if the minister considers the exemption necessary or advisable for the purpose of
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(a) |
facilitating the transition, after the date of an order under this section, from the application, in respect of the pilot project area, of the Act and this regulation to the application, in respect of the pilot project area, on and after the cancellation date, of the Act and the regulations, without this regulation, or
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(b) |
remedying difficulties encountered during the transition period between the date of the minister's order under subsection (1) and the cancellation date.
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(4)
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An exemption granted by the minister under subsection (3) may be of general or specific application and may be conditional or unconditional.
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(5)
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A participant or holder of a minor timber sale licence must comply with any condition imposed by the minister under subsection (4).
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Definitions for Schedule A
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61 |
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In items 1 to 24 of Schedule A:
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"priority fish species" means bull trout and grayling and includes those other species that are
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(a) |
specified as red and blue listed species by the Ministry of Water, Land and Air Protection, and
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(b) |
referred to as red and blue listed species in publications of that ministry, including on the website maintained by that ministry;
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"priority furbearing species" means fisher, marten and lynx;
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"ROS" means the Ministry of Forests Recreation Opportunity Spectrum;
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"stream flow regime" means water quality, quantity and timing of flow;
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"visually sensitive areas" includes travel and recreation corridors identified by the Ministry of Forests visual landscape inventory.
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