Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 58
(3) In determining whether to issue a permit, the Minister shall have
regard to whether
…
(a) the applicant has contravened these Regulations in
respect of any previous permit; and
(b) the applicant has fulfilled all of the conditions of
any previous permit.
5. Permits issued under subsection 4(1) for the harvesting in each
year of a total of 300 000 m 3 of timber shall contain a condition that
not less than 60 per cent of the timber harvested under the permit
shall be processed within the Yukon Territory.
2010 FC 495 (CanLII)
[228] This change meant that 60 percent of timber harvested under the CTP regime had to be
processed in Yukon. Effectively, no harvesting could occur unless there were production facilities
capable of processing the timber. According to the RIAS that accompanied the amended
regulations, this “amendment supports the objectives of promoting the continued development of
the forest industry in the Yukon.” The 60/40 Rule was intended to create jobs and generally
stimulate the Yukon economy.
[229] The objective of promoting the development of industry in Yukon was unquestionably
within the legislative mandate of the Department.
[230] It is clear from the evidence that the Department was making these changes to encourage the
private development of a wood processing industry in Yukon. The Department was pleased to have
private industry interested in building a mill in Watson Lake. Mr. Ivanksi, Yukon Region RDG,