Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 62
[242] Section 17 of the Territorial Lands Act is produced above. This provision prohibits the
cutting of timber on territorial lands without a permit. This provision is identical to that found in the
Territorial Lands Act, R.S.C. 1970, c. T-6, s. 13.
[243] Section 18(1)(a) of the Territorial Lands Act is produced above. This provision provides the
authority for the Governor in Council to make regulations that exempt persons from the operation of
2010 FC 495 (CanLII)
section 17.
[244] The Yukon Timber Regulations, section 3.1, grant an exemption from the requirement to
have a permit in order to harvest timber and a complete exemption from the provision of the Yukon
Timber Regulations, if the person has a THA. Section 3.1 provides:
3.1 Any person with whom the Minister has entered into a long-term
timber harvesting agreement pursuant to an order in council under
section 4 of the Act is exempted from the provisions of section 13 of
the Act and the provision these Regulations. (SOR/87-191)
(Emphasis added)
[245] Section 3.1 of the Yukon Timber Regulations came into force before the Territorial Lands
Act, R.S.C. 1985, c. T-7. In order to correctly interpret this provision it is necessary to look at the
Territorial Lands Act, R.S.C. 1970, c. T-6. As previously mentioned sections 4 and 13 of the
Territorial Lands Act, R.S.C. 1970, c. T-6 are identical to sections 8 and 17 of Territorial Lands
Act, R.S.C. 1985, c. T-7 respectively. This is confirmed by the table of concordance.