Forests Act, Timber Management Regulation and Directives
Key Aspects of Forest Management Legislation in Alberta
4 Forests Act enables forest management in terms of legal authorities and powers
4 Timber Management Regulation and policy are used to implement and administer the Forests Act
4 Crown forested public lands owned by people of Alberta
4 Minister or legally delegated persons required to authorize all forest management activities in the Green Area
4 Department and employees delegated authority to administer Forests Act to manage forest resources on public land
4 All forest management activities authorized under approved Forest Management Plan
4 Commitment to a system of sustained yield timber management
4 Reforestation legally required
4 Timber harvest, reforestation and reclamation activities authorized under timber disposition
Forests Act Key Components
Part 1 – Administration
Part 2 – Crown Timber
Part 3 – Forest Land Use
Part 4 – Offences and Penalties
Part 1 - Administration
4 Forest Officer delegated authority
4 Lieutenant Governor makes regulations
4 Minister can make regulations under Timber Regulation (e.g. scaling forms)
4 Minister is official authority
4 Minister delegates authority to Deputy Minister to delegate authority to Department personnel
4 Unauthorized use and harvest
Part 2 – Crown Timber
4 Defines timber tenure system
– FMA
– Coniferous quota
– Deciduous timber allocation
– Permit
4 Linkages with Public Lands Act, Environmental Protection and Enhancement Act and Forest and Prairie Protection Act
4 Legal requirements for cutting and transporting, Crown timber, paying stumpage and record keeping
4 Timber seizure procedures
4 Ministerial stop orders
4 Authority to create Forest Management Units
Part 3 – Forest Land Uses
4 Allows the Lieutenant Governor to make regulations regarding FLUZs, forest recreation areas, and fees for use of forest recreation areas.
4 Order by Minister
– Prohibit or restrict entry or prohibit any use or activity in all or any part of a forest recreation area or trail
4 Order by Forest Officer
– Person to refrain from doing anything dangerous or detrimental to management or use of forest recreation area or trail
4 Impounding vehicles or property interfering with management or use of forest recreation area or trail
Part 4 – Offenses and Penalties
4 Forest land use regulation penalties
4 Enables T/M Regulation penalties
4 Obstructing a Forest Officer
4 2-year statue of limitations
4 Requirement to pay penalty
4 Public disclosure of information relating to contraventions and offenders
Timber Management Regulation Key Components
Part 1 Quotas
Part 2 Sales
Part 3 Other permits and Licenses
Part 4 Crown charges
Part 5 Timber harvesting
Part 6 Reforestation
Part 7 Miscellaneous
Part 1 - Quotas
4 Procedure for quota sales, creation, assignment and amalgamation
4 Quota production control
4 Timber licenses issued for quota to authorize harvesting and reforestation activities
4 Performance guarantees
Part 2 - Sales
4 Commercial Timber Permits (Competitive sales process)
4 Public advertisement of sale
Part 3 – Other Permits and Licenses
4 Local Timber Permit
4 Forest Products Tag TM 66
4 Custom milling
4 Community Timber Program (Coniferous Community Timber Permit)
Part 4 – Crown Charges
4 General rates of timber dues for various species and products are described
4 Exceptions to the General rates of timber dues are described
4 Schedules 3 - 6 provide general rates of dues based on the manufactured product
4 FMA dues rates are sometimes negotiated, currently only 2 conifer FMAs not on Schedule 3 dues rates.
4 Other administrative charges described
4 Timber damage assessment for FMA and vacant Crown land enabled and described by policy
Part 5 – Timber Harvesting
4 Must have approved annual operating plan before conducting any forest management activities
4 Describes the records that are required to be maintained by those harvesting and or receiving timber from crown sources
4 Describes the requirements to transport crown timber on any public highway
Part 6 – Reforestation
4 Lays out standards for reforestation.
4 Establishes the provision for a Regen Survey Manual.
4 Requires the disposition holder to either reforest lands harvested or pay a levy to FRIAA if the annual volume is less than10,000 m3 (more later…)
4 Establishes reforestation levy rates.
Part 7 – Miscellaneous
4 Clearing for industrial land use, salvage requirements.
4 Assignment of timber dispositions.
4 General provisions:
– Require damaged/endangered timber harvest before green harvest.
– Notice of mill relocation.
4 Penalties:
– Schedule 1 – contravention of the Forests Act
– Schedule 2 – contravention of the Regulation
Other Schedules
Schedule 3 – General coniferous timber dues used to make lumber, pulp, or roundwood timber products.
Alberta’s Forest Tenure System
1. Forest Management Agreement
2. Coniferous Timber Quota
3. Deciduous Timber Allocation
4. Commercial Timber Permit (Coniferous (CTP) or Deciduous (DTP) Timber Permits)
5. Community Coniferous Timber Permit
6. Local Timber Permit
7. TM 66
Forest Management Agreement
4 20 year term, renewable
4 Agreement between large company and crown to establish, grow, and harvest timber on crown land at sustainable levels
4 The FMA Document is the tenure document
4 A DFMP is required and approved by appraisal. The Detailed Forest Management Plan (DFMP) is a technical document describing broad level forest management objectives, strategies and commitments. It identifies the intended methods of harvesting, reforestation, and the overall management of the timber resource within their defined forest area. Some components of the DFMP include: Vegetation inventory data, A Timber Supply Analysis (TSA) and an Annual Allowable Cut (AAC) calculation.
4 A 5 year General Development Plan (GDP) is submitted annually. The GDP gives a comprehensive description of a forest operator's proposed harvest strategy, road building plans, and reclamation operations for a five-year period, and includes all licenses and permits within the FMA. The GDP is used to guide integration of activities and includes but is not limited to: A forecast of the areas to be harvested, each year for the next 5 year period, the forecasted timber production objectives for all dispositions by year, a general road development plan, and a description of any variances to the DFMP.
4 Annual Operating plan (AOP) is the harvest authority and is required as per section 100 of the Timber Management regulation. The AOP details the proposed activities for a given year of harvest and must be approved by Alberta before operations commence. The AOP includes: The operating Schedule and proposed timber production for the year, the Final Harvest Plan (FHP), a compartment assessment where required, the proposed reforestation program for the year, the fire control plan, and a road construction and reclamation plan.
4 Operate according to provincial or individually approved operating ground rules and regeneration standards.
4 Reforestation is the responsibility of the FMA holder.
4 Area-based agreement
Timber Quota (Coniferous (CTQ) Quota)
4 20 year term, renewable
4 5 year GDP submitted annually
4 Reforestation is the responsibility of the quota holder if quota AAC exceeds 10,000m3. Quotas with an AAC less than 10,000m3 have an option to pay a reforestation levy to FRIAA, who assumes the reforestation responsibility.
4 Coniferous Timber License and Quota Certificate are the tenure document for CTQ
4 Quota volume is based on a percentage of FMA or FMU AAC.
4 Annual Operating plan (AOP) is the harvest authority and is required as per section 100 of the Timber Management regulation.
4 Operate according to provincial or specific FMA approved operating ground rules.
Deciduous Timber Allocation (DTA)
4 20 year term, renewable
4 5 year GDP submitted annually
4 Reforestation is the responsibility of the allocation holder if the allocation AAC exceeds 10,000m3. Allocations with an AAC less than 10,000m3 have the option to pay a reforestation levy to FRIAA, who assumes the reforestation responsibility.
4 Deciduous Timber License (DTL) is the tenure document for a DTA
4 Area-based or volume-based agreement that allows for the harvest of deciduous timber within an FMA or FMU, and may overlap Timber Quota and FMA areas.
4 Not issued as a percentage of an areas AAC
4 Annual Operating plan (AOP) is the harvest authority and is required as per section 100 of the Timber Management regulation.
4 Operate according to provincial or specific FMA approved operating ground rules
Commercial Timber Permit Coniferous (CTP) or Deciduous (DTP) Timber Permits)
4 1 to 5 year term
4 Permit is the tenure document
4 Permit holders pay a legislated reforestation levy to FRIAA, who assumes the reforestation responsibility.
4 Sold primarily through a competitive sale, by sealed tender bid. May be directly allocated to Sawmill sand Loggers that produce >21,000m3 of timber annually and who do not qualify for the Coniferous Community Timber Program.
4 Annual Operating plan (AOP) is the harvest authority and is required as per section 100 of the Timber Management regulation.
4 Operate according to provincial or specific FMA approved operating ground rules
4 Primarily issued for green coniferous or deciduous timber. Often used as a means of allocating or selling larger volumes of endangered timber, or firesmart priority blocks located outside of FMA’s.
Coniferous Community Timber Permit (CCTP)
4 Issued for a period not exceeding 5 years
4 The permit is the legal document
4 Directly Allocated to eligible historic community sawmills and loggers, that produce <21,000m3 of timber annually and are approved by Alberta
4 Annual Operating plan (AOP) is the harvest authority and is required as per section 100 of the Timber Management regulation.
4 Approved sawmills and loggers are required to submit a certified statement of operation, signed by a RFP, annually in order to remain their eligibility for this program.
4 Fixed dues rate of $2.50/m3 is charged by the crown for any coniferous timber manufactured and sold by a community sawmill, or for any logs sold to another community sawmill or logger.
4 Total number of community mills in Alberta must not exceed 180
4 Total number of community loggers in Alberta must not exceed 320
4 Community Sawmillers must manufacture 60% of the coniferous timber harvested under issued permits into primary timber products.
4 Permit holders pay a legislated reforestation levy to FRIAA, who assumes the reforestation responsibility.
Local Timber Permit
4 Issued for a period of 1 year, renewable
4 Expire April 30 each year
4 The permit is the legal document as well as the harvest authority
4 Typically issued for a maximum of 50m3, and for personal own use, not for sale. LTP’s may also be used to issue any volume of endangered or decked salvage wood.
4 Operating conditions are specified on permit, as per the appropriate ground rules
4 Timber dues and Reforestation is paid upon permit issuance to Alberta, who maintains the reforestation responsibility.
TM 66 – Forest Products Tag
4 Issued for a period of 30 days, and is for personal own use only, not for sale.
4 May be issued for the following; 20 transplants < 2.5 m height, 3 Christmas trees <2.5 m height, or 5 m3 roundwood
4 Tag is the legal document and the harvest authority
4 $5 plus GST issuance charge
4 No reforestation charges
Forest Management Division Directives
4 Attempt to clearly describe the policy and procedures expected with respect to certain activities
4 Written when it becomes clear that the intent of the legislation or regulation is not clearly described
4 Used to explain how the Government is prepared to interpret the vague areas that exist in all legislation
4 Does not supersede legislation
4 Directive is founded in the provisions of the Forests Act and its regulations
4 Directive references section(s) the statute and, as required, the regulation underlying or forming the basis for the policy and procedures