1
Ministry Procedures
Timber Harvesting Contract and Subcontract Regulation
The Timber Harvesting Contract and Subcontract Regulation (the Regulation) came into force on April 1, 1996. The Regulation continues to impose the tasks that were included under the previous regulation as well as imposing new tasks on ministry staff. These tasks include:
1.Maintaining and distributing the Register of Mediators and Arbitrators (continuing task).
2.Appointing mediators and arbitrators in disputes (continuing task).
3.Maintaining and distributing the Register of Arbitration Awards (new task).
4.Assessing licensee contractor compliance (continuing task).
The Resource Tenures and Engineering Branch (RTEB) and the regions are responsible to ensure these are carried out accurately and in a timely manner. The following procedures provide guidance for completing these tasks.
1.Maintaining and Register of Mediators and Arbitrators (the Register)
a)All applicants from people requesting to be on the Register are to be sent to RTEB, and will be kept on File No. 23900-03/APPL, pending review of the Register.
b)Candidates requesting appointment to the Register must meet the following criteria in order to be considered:
i)considered to be impartial in disputes;
ii)demonstrated knowledge of the forest industry; and
iii)has mediated or arbitrated timber harvesting contract or subcontract disputes or commercial disputes of a similar nature.
c)Responses from RTEB are to be sent promptly to each applicant indicating whether or not they meet the criteria. If they meet the criteria, then the letter should indicate that they will be considered at the next review.
d)The Register will be reviewed by RTEB on an annual basis (March 31) for potential amendments.
e)Comments from licensee and contractor (stakeholder) associations should be solicited and considered regarding any changes to the Register.
f)RTEB will recommend to the minister any changes to the Register. A formal Register is to be prepared for the minister's signature that should be accompanied by a briefing note.
g)Changes in address of people currently on the Register can be made directly on the original Register (stapled to the inside cover of File No. 23900-03).
h)RTEB will distribute the Register to MOF regions and stakeholder associations.
i)Upon request, RTEB and regional offices will make copies of the Register available to the general public.
2.Appointing Mediators/Arbitrators in Disputes
a)This responsibility has been delegated by the deputy minister to the director, RTEB.
b)Notices initiating a dispute under Section 8 received by the deputy minister's office will be forwarded to the director, RTEB.
c)A response letter from the director of RTEB to a person initiating a dispute will acknowledge that the notice was received. The response letter will be copied to the other party in the dispute.
d)MOF staff will not review the dispute in detail or provide advice as to the applicability of the Regulation to a particular case. MOF staff will not make any statements or express an opinion that could be construed as legal interpretation to either of the parties or to the general public.
e)Notices received by the deputy minister requesting the appointment of an arbitrator/mediator will be forwarded to the director, RTEB.
f)The appointing of a mediator/arbitrator will be effected by sending a letter to the arbitrator/mediator being appointed to the dispute, with the two parties in the dispute receiving copies of the letter.
g)In selecting a mediator/arbitrator to be appointed to a dispute, the director of RTEB will rotate through the appropriate Register starting with the mediator/arbitrator following the last one appointed.
3.Maintaining Register of Arbitration Awards
a)Arbitration awards received at the deputy minister's office will be forwarded to the director, RTEB.
b)Original copies of the arbitration award reports will be kept at RTEB on File No. 23900-04.
c)RTEB will promptly provide a copy of each award to all MOF regional offices (File No. 23900-04) and to stakeholder associations.
d)RTEB and regional offices will make copies of the arbitration awards available to the general public upon request.
4.Assessing Licensee Contractor Compliance
The following procedures for contractor compliance reports were included in a memo dated February 1, 1996, from Janna Kumi to regional managers:
a)Where a licensee's last report indicates non-compliance or where there are other reasons to suspect non-compliance, reports will be required until compliance is achieved.
b)Once satisfied that a licensee is in compliance, we need not continue to ask for a report annually. We can rely on periodic spot checks and contractor complaints for monitoring future compliance.
c)The regional manager will determine when to conduct spot checks on licensee performance, when to follow up on a contractor's complaints, and when to request a report form a licensee.
Form Letters Available on the RTEB LAN:
1.Negative response to request to be on the Register of Mediators/Arbitrators (g:\bigbus\timten\thcs\forms\reg_not.doc).
2.Positive response to request to be on the Register of Mediator/Arbitrators (g:\bigbus\timten\thcs\forms\reg_yes.doc).
3.Acknowledgement letter to party initiating dispute (g:\bigbus\timten\thsc\initiate.doc).
4.Letter appointing mediator/arbitrator to dispute (g:\bigbus\timten\bmharris\thcs_reg\appoint.doc).