Federal Court - Christian Aboriginal Infrastructure Developments ...

Federal Court - Christian Aboriginal Infrastructure Developments ... Federal Court - Christian Aboriginal Infrastructure Developments ...

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Page: 92 [360] Mr. Heit testified that he was aware of the reduction in the harvest ceiling for Y02 and Y03 from 350,000 m 3 to 128,000 m 3 . [361] This Client Guide, at page 2618, refers to a “mill harvest area”. In order to access timber, an applicant must own a registered mill site. This document sets out the relevant regulations, as well as 2010 FC 495 (CanLII) Chapter 17 of the umbrella final agreement. [362] There was no direct evidence concerning the significance, or otherwise, of Chapter 17 of the umbrella final agreement, although coy references were made by Mr. Monty to Chapter 17. Mr. Sewell, when testifying on behalf of the Defendant, made at least one reference to this document but without any explanation. [363] In the months leading up to the opening of the mill in October 1998, LPL and SYFC made arrangements to acquire timber supply. They did so by signing log supply agreements with local loggers. [364] Mr. Heit testified that the CTP process did not work in the short-term but that is not the same as saying that it could not have worked. He also said that not all CTP holders wished to do business with SYFC. Nevertheless, the short-term timber supply for the mill was derived by accessing timber through the existing CTP process.

Page: 93 [365] The Plaintiffs were aware, prior to the opening of the mill in October 1998, that KFR had a timber harvesting agreement and that KFR could sell wood from their THA without needing to obtain prior permission from the Department. [366] The mill opened in October 1998 and shut down a couple of months later, due to a lack of timber supply. The mill had been installed, by the joint venture, in Watson Lake, on the site that 2010 FC 495 (CanLII) LPL had leased. The mill was assembled on site after construction in Vanderhoof. It consisted of a building placed on a 20,000 square foot slab of concrete. [367] The mill operation included an exterior sorting system that was designed to cut wood to length after it had been debarked. The site included a scale to weigh the wood. The weight of wood was used both to calculate the stumpage fee to be paid to the Government and to record inventory in the yard. As well, there were two processing machines to remove limbs or pieces of limbs, called “snipes”, from the logs. [368] The mill, as built, was designed around a 7 inch average diameter of log and required an average of 16,666 m 3 of wood per month, to operate on double shifts. This is a quantity of approximately 200,000 m 3 per year. The mill was built to produce 100,000 of board feet per shift. [369] Mr. Spencer testified that he was comfortable with the mill design and its equipment when it began operating in October 1998.

Page: 93<br />

[365] The Plaintiffs were aware, prior to the opening of the mill in October 1998, that KFR had a<br />

timber harvesting agreement and that KFR could sell wood from their THA without needing to<br />

obtain prior permission from the Department.<br />

[366] The mill opened in October 1998 and shut down a couple of months later, due to a lack of<br />

timber supply. The mill had been installed, by the joint venture, in Watson Lake, on the site that<br />

2010 FC 495 (CanLII)<br />

LPL had leased. The mill was assembled on site after construction in Vanderhoof. It consisted of a<br />

building placed on a 20,000 square foot slab of concrete.<br />

[367] The mill operation included an exterior sorting system that was designed to cut wood to<br />

length after it had been debarked. The site included a scale to weigh the wood. The weight of wood<br />

was used both to calculate the stumpage fee to be paid to the Government and to record inventory in<br />

the yard. As well, there were two processing machines to remove limbs or pieces of limbs, called<br />

“snipes”, from the logs.<br />

[368] The mill, as built, was designed around a 7 inch average diameter of log and required an<br />

average of 16,666 m 3 of wood per month, to operate on double shifts. This is a quantity of<br />

approximately 200,000 m 3 per year. The mill was built to produce 100,000 of board feet per shift.<br />

[369] Mr. Spencer testified that he was comfortable with the mill design and its equipment when it<br />

began operating in October 1998.

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