Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 63
[246] For the sake of clarity, I have reproduced the regulatory amendment to section 3.1 of the
Yukon Timber Regulations, effected by SOR/2001-162. This amendment changed the regulation to
reflect the current section numbering in the Territorial Lands Act, R.S.C. 1985, c. T-7. It provides:
3.1 Any person with whom the Minister has entered into a long-term
timber harvesting agreement pursuant to an authorization by the
Governor in Council under section 8 of the Act is exempted from the
provisions of section 17 of the Act.
(Emphasis added)
2010 FC 495 (CanLII)
[247] The previously worded section 3.1 of the Yukon Timber Regulations had exactly the same
effect as this newly worded provision through the operation of concordance between the Territorial
Lands Act, R.S.C. 1970, c. T-6 and the Territorial Lands Act, R.S.C. 1985, c. T-7. The effect of
section 3.1 of the Yukon Timber Regulations is that no permit is necessary to harvest timber, and the
regulations do not apply to a THA. That includes the volume restriction of 15,000 m 3 and the 60/40
Rule.
[248] While CTPs were restricted to one year by the Yukon Timber Regulations, THAs were
granted for longer periods of time, referred to as long-term tenure. As well, the volume of a THA
was consistently significantly larger than that possible under a CTP.
[249] In addition to an exemption from the Yukon Timber Regulations, the evidence also shows
that the harvest from a THA was excluded from the AAC; see Exhibit P-79, Tab 47 and Tab 144.