Federal Court - Christian Aboriginal Infrastructure Developments ...

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any person or class of persons from the provisions of
section 17;
[217] Prior to 1995, the only terms and conditions for getting a CTP, prescribed by the Yukon
Timber Regulations, were:
3. These Regulations apply to the cutting and removal of timber on
territorial lands under the control, management and administration of
the Minister.
2010 FC 495 (CanLII)
4. The Minister may issue a permit to any individual who is 18 years
of age or over or to any corporation for the cutting and removal of
timber from territorial lands.
5. (1) Subject to these Regulations, a forest officer may issue to any
individual who is eighteen years of age or over or to any corporation
a permit for cutting and removal from territorial lands of timber in an
estimated annual volume not exceeding fifteen thousand cubic
metres. (SOR/79-508)
[218] In the period of 1994-1995, DIAND experienced a significant increase in the demand for
timber permits and for the cutting of wood. This increased demand for access to the timber
resources was known in the region as the “Green Rush”. Various witnesses for the Defendant
described the increase in demand as a “spike”, which taxed the personnel of the Department.
[219] Historically, the Regional Office had received 175 applications for CTPs. However, in 1995,
over 1300 applications were received for the winter harvesting season. This increased demand for
harvestable timber led to increased work for the Regional Office, indeed to the degree that the
employees in the region were overwhelmed by the demands for CTPs; see the Regulatory Impact
Analysis Statement (“RIAS”) to SOR/95-580.