O. Reg. 377/22: GENERAL

filed April 19, 2022 under Crown Forest Sustainability Act, 1994, S.O. 1994, c. 25

ontario regulation 377/22

made under the

Crown Forest Sustainability Act, 1994

Made: April 14, 2022
Filed: April 19, 2022
Published on e-Laws: April 20, 2022
Printed in The Ontario Gazette: May 7, 2022

Amending O. Reg. 167/95

(GENERAL)

1. Ontario Regulation 167/95 is amended by adding the following section:

Interpretation

0.1 In this Regulation,

“downed wood” means trees or parts of trees above the soil and resting on the ground; (“bois abattu”)

“household” means one or more persons ordinarily occupying the same primary residence; (“ménage”)

“in-water activity” means activity that is conducted in the water of a lake, river, stream or pond; (“activité en milieu aquatique”)

“personal use” means the use of forest resources for non-commercial purposes including for heating, energy or cooking, including while camping or carrying out other recreational activities in a Crown forest, for building products, for transplanting, for cultural, religious or ceremonial purposes, for artistic or decorative works, and for wood-working and related hobbies. (“usage personnel”)

2. (1) Sections 30 and 31 of the Regulation are revoked and the following substituted:

Harvesting for Personal Use

30. (1) Except as provided in section 31, for the purposes of clause 41.16 (1) (b) of the Act, a person may harvest forest resources for personal use without authorization in accordance with subsections (2), (3) and (6).

(2) A person harvesting forest resources under subsection (1) shall comply with the following conditions:

1. A person may gather up to 10 cubic metres of downed wood per calendar year but shall not gather an amount of downed wood that results in the total amount gathered by all persons in the person’s household exceeding 10 cubic metres in the calendar year.

2. A person may gather downed wood or cut down standing dead trees for use as firewood in an area where the person is camping or carrying out other recreational activities but shall not transport it out of that area. The downed wood a person gathers under this paragraph does not count toward the amount of downed wood the person may gather or that may be gathered by all persons in the person’s household in a calendar year under paragraph 1.

3. A person may cut down one Christmas tree up to 2.5 metres in height per calendar year but shall not cut down a Christmas tree if another person in the person’s household has already cut down a Christmas tree in the calendar year.

4. A person may cut branches from standing trees provided that none of the branches have a diameter that is greater than 7.5 cm and the cutting is not likely to kill the tree.

5. A person may transplant up to five trees from a Crown forest that are less than 1.4 metres in height per calendar year but shall not transplant a quantity of trees that results in the total quantity transplanted by all persons in the person’s household exceeding five in the calendar year.

(3) Subject to subsections (4) and (5), a person may harvest forest resources for personal use only in an area of a Crown forest that is,

(a) in a management unit designated pursuant to section 7 of the Act as of April 1, 2022 and north of the southern limit of the following management units, as those units existed as of April 1, 2022:

(i) Mazinaw-Lanark Forest,

(ii) Bancroft-Minden Forest,

(iii) French-Severn Forest; or

(b) in the Far North as defined under the Far North Act, 2010.

(4) Subsection (3) does not authorize a person to harvest forest resources for personal use in an area of a Crown forest,

(a) that is in a provincial park or a conservation reserve within the meaning of the Provincial Parks and Conservation Reserves Act, 2006;

(b) where forest operations are authorized to occur under a forest resource licence or where the removal of forest resources is authorized under a permit, and the licensee or permittee, its personnel or its equipment is present, or signs are posted indicating that forest operations are scheduled to occur; or

(c) that is in the possession of, or occupied by, another person and that possession or occupation is authorized under the Aggregate Resources Act or the Public Lands Act, unless the person who is in the possession of or occupies the area provides express permission.

(5) A person who is camping may harvest forest resources for personal use in accordance with paragraph 2 of subsection (2) in any area of a Crown forest except an area of a Crown forest described in subsection (4).

(6) A person harvesting forest resources for personal use shall not,

(a) harvest forest resources unless they are at least 16 years of age or under the direct and immediate supervision of a person who is at least 16 years of age;

(b) harvest forest resources in a way that results in the creation, extension or enhancement of a trail or road;

(i) an off-road vehicle within the meaning of the Off-Road Vehicles Act or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act, or

(ii) a motor vehicle within the meaning of the Highway Traffic Act that has six wheels or less;

(d) leave tree limbs, tree-tops or other residual materials resulting from harvesting forest resources on a road right-of-way, on a road surface or in a ditch;

(e) engage in any in-water activity while harvesting forest resources;

(f) transport any forest resources harvested for personal use outside of Ontario;

(g) sell, trade or barter, or offer to sell, trade or barter any forest resources harvested for personal use or products created from such forest resources;

(h) damage any living tree or part of a living tree except as otherwise permitted under paragraphs 3, 4 or 5 of subsection (2);

(i) engage in harvesting for personal use while camping unless they are lawfully camping;

(j) gather downed wood that has been stacked by the holder of a forest resource licence or permit; or

(k) harvest a Christmas tree south of the French and Mattawa rivers.

(7) A person may be assisted by one or more persons when harvesting forest resources for personal use.

(8) For the purpose of subsection 41.18 (2) of the Act, a person may harvest forest resources for personal use on land that is subject to a forest resource licence in accordance with this Regulation.

31. Subsections 30 (2) to (6) are not applicable in respect of a person who harvests forest resources for personal use pursuant to a right protected by section 35 of the Constitution Act, 1982.

(2) Sections 30 and 31 of the Regulation, as remade by subsection (1), are revoked and the following substituted:

Harvesting for Personal Use

30. (1) For the purposes of clause 41.16 (1) (b) of the Act, a person may harvest forest resources for personal use without authorization in accordance with subsections (2) and (3) and section 36.

(2) A person harvesting forest resources under subsection (1) shall comply with the following conditions:

4. A person may cut branches from standing trees provided that none of the branches have a diameter that is greater than 7.5 cm and the cutting is not likely to kill the tree.

(3) A person harvesting forest resources for personal use under this section shall not,

(a) harvest forest resources unless they are at least 16 years of age or under the direct and immediate supervision of a person who is at least 16 years of age;

(b) damage any living tree or part of a living tree except as otherwise permitted under paragraphs 3, 4 or 5 of subsection (2);

(d) gather downed wood that has been stacked by the holder of a forest resource licence or permit; or

(e) harvest a Christmas tree south of the French and Mattawa rivers.

(4) For the purpose of subsection 41.18 (2) of the Act, a person may harvest forest resources for personal use on land that is subject to a forest resource licence in accordance with this Regulation.

31. (1) Any person harvesting forest resources for personal use other than in accordance with subsections 30 (2) and (3) shall obtain an authorization from the Minister.

(2) The Minister may issue an authorization with a term of up to one year to a person who is at least 16 years of age.

(3) An authorization expires on the earlier of the expiry date specified in the authorization and the date the holder of the authorization completes the personal use harvest of forest resources specified in the authorization.

(4) The Minister shall not issue an authorization to a person in a calendar year if the authorization would, on its own or in combination with any number of authorizations previously issued by the Minister to the person in the calendar year, result in the person being authorized to,

(a) cut down or gather more than a total of 20 cubic metres of standing trees or downed wood in the calendar year; or

(b) transplant more than a total of 20 living trees that are up to 1.4 metres in height in the calendar year.

(5) An authorization is subject to the conditions set out in sections 35 and 36 and any conditions specified in the authorization.

32. (1) The Minister may require a person who applies for an authorization to submit an application in a form developed by the Ministry.

(2) An applicant for an authorization shall provide the information requested on the application form developed by the Ministry, which shall include an estimate of,

(a) the volume of downed wood in cubic metres the person proposes to gather under the authorization;

(b) the volume of standing trees in cubic metres the person proposes to cut down under the authorization;

(d) where the harvesting for personal use will occur.

(3) Before submitting an application to the Minister, a person shall ensure that,

(a) all mandatory information requested on the form, including the contact information for the person, has been provided; and

(b) the information provided on the form is complete and accurate.

33. (1) Prior to issuing an authorization, the Minister shall consider whether the authorization could adversely impact established or asserted aboriginal and treaty rights and whether any consultation with Indigenous communities is required.

(2) After having considered the matters specified in subsection (1), and following any consultation, the Minister may,

(a) issue the authorization;

(b) issue the authorization with additional conditions including conditions to minimize any adverse impacts on established or asserted aboriginal or treaty rights; or

34. The Minister may refuse to issue an authorization for any reason consistent with the purposes of the Act, including,

(a) that the applicant for the authorization has previously contravened or failed to comply with the conditions of an authorization or the requirements of this Regulation; or

(b) the Minister is of the opinion that the harvesting that would be authorized under the authorization could,

(i) be inconsistent with the protections provided by section 35 of the Constitution Act, 1982; or

(ii) result in damage to plant or animal life, water, soil, air, or to a social or economic value, including a recreational value or heritage value.

35. Every holder of an authorization issued by the Minister under section 31 shall carry the authorization on themselves at all times while harvesting forest resources for personal use.

36. (1) Every person harvesting personal resources for personal use under section 30 or under an authorization issued by the Minister under section 31 shall comply with the following conditions:

1. Subject to paragraph 2 and subsection (2), a person may harvest forest resources for personal use only in the following areas of a Crown forest:

i. An area of a Crown forest that is in a management unit designated pursuant to section 7 of the Act as of April 1, 2022 and north of the southern limit of the following management units, as those units existed as of April 1, 2022:

A. Mazinaw-Lanark Forest,

B. Bancroft-Minden Forest,

C. French-Severn Forest.

ii. An area of a Crown forest in the Far North as defined under the Far North Act, 2010.

2. Despite paragraph 1, a person shall not harvest forest resources for personal use in any of the following areas:

i. An area of a Crown forest that is in a provincial park or a conservation reserve within the meaning of the Provincial Parks and Conservation Reserves Act, 2006.

ii. An area of a Crown forest where forest operations are authorized to occur under a forest resource licence or where the removal of forest resources is authorized under a permit, and the licensee or permittee, its personnel or its equipment is present, or signs are posted indicating that forest operations are scheduled to occur.

iii. An area of a Crown forest that is in the possession of, or occupied by, another person and that possession or occupation is authorized under the Aggregate Resources Act or the Public Lands Act, unless the person who is in the possession of or occupies the area provides express permission.

3. A person shall not do any of the following:

i. Harvest forest resources in a way that results in the creation, extension or enhancement of a trail or road.

ii. While accessing or harvesting forest resources, use a vehicle other than,

A. an off-road vehicle within the meaning of the Off-Road Vehicles Act or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act, or

B. a motor vehicle within the meaning of the Highway Traffic Act that has six wheels or less.

iii. Leave tree limbs, tree-tops or other residual materials resulting from harvesting forest resources for personal use on a road right-of-way, a road surface or in a ditch.

iv. Engage in any in-water activity while harvesting forest resources for personal use.

v. Transport any forest resources harvested for personal use outside of Ontario.

vi. Sell, trade or barter, or offer to sell, trade or barter any forest resources harvested for personal use or products created from such forest resources.

(2) A person who is camping may harvest forest resources for personal use in accordance with paragraph 2 of subsection 30 (2) in any area of a Crown forest except an area of a Crown forest described in paragraph 2 of subsection (1) of this section.

(3) A person may be assisted by one or more persons while harvesting forest resources for personal use under section 30 or under an authorization issued by the Minister under section 31.

37. (1) For the purposes of clause 41.16 (1) (b) of the Act, a person may, without an authorization, harvest forest resources for personal use pursuant to a right protected by section 35 of the Constitution Act, 1982 and is not required to comply with any conditions under section 30 or 36.

(2) A person who harvests forest resources for personal use pursuant to a right protected by section 35 of the Constitution Act, 1982 is not required to seek an authorization under section 31 but may choose to seek such an authorization.

(3) Sections 35 and 36 are not applicable in respect of an authorization issued to a person who harvests forest resources for personal use pursuant to a right protected by section 35 of the Constitution Act, 1982.

(4) For greater certainty, despite subsection (3), an authorization sought under subsection (2) may, pursuant to the Minister’s authority under subsection 41.16 (3) of the Act, be subject to terms and conditions.

(5) A person who harvests forest resources under subsection (1) or under the authority of an authorization sought under subsection (2) may,

(a) be assisted by one or more persons when harvesting forest resources for personal use; and

(b) for the purpose of subsection 41.18 (2) of the Act, harvest forest resources for personal use on land that is subject to a forest resource licence.

Commencement

3. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.

(2) Section 1 and subsection 2 (1) come into force on the later of the day section 3 of Schedule 6 to the Supporting People and Businesses Act, 2021 comes into force and the day this Regulation is filed.

(3) Subsection 2 (2) comes into force on the later of October 1, 2022 and the day this Regulation is filed.

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O. Reg. 377/22: GENERAL

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