Management Guidelines For Forestry and Resource-Based Tourism

More documents

Recommendations

Info

Management Guidelines for Forestry and Resource-Based Tourism – APPENDIX 14) All RSA's will comply with all provinciallegislation and polices. Only parties to RSA'swill be bound by RSA's.5) The RSA negotiation process will normally becommenced prior to the Invitation to Participate inthe FMP process and completed for the firstInformation Centre Open House. The SFL willcontact by registered mail, during the appropriatetime of the year to ensures the general availabilityof the RBT, all RBT's who operate in the ForestManagement Unit (FMU). Each RBT will receivethe projected 20-year primary and five year secondaryroad corridors from the SFL as part of the initialcontact. The SFL will negotiate with any RBTwho notifies the SFL that it wishes to negotiate anRSA. Thirty (30) days after sending the initial contactletter, the SFL will provide the MTOUR with alist of those RBT's who have not responded. If theSFL does not receive notice within thirty (30) daysfrom MTOUR or the RBT that the RBT is interestedin negotiated an RSA, then the SFL may presumethat the respective business interests are protectedby application of the ecological guidelines.The MNR will consider the RBT's failure to seeknegotiations in its approval of an FMP.6) Parties agree in RSA negotiations to apply prescriptionsto protect specific tourism values. Where thetourism operator has identified remoteness as avalue to be protected, then the prescriptions identifiedin the Tourism Guidelines shall be applied tomaintain a reasonably similar level of remoteness asexisted prior to forest management operations. Theprescriptions to be considered will include, but arenot limited to: no harvest areas; functionally roadlessstrategies; modified operations.7) The RSA process up to and including the arbitrationprocess, if any, will be completed beforerecourse to the Forest Management Planningdispute resolution process or the right to an EA"designation request" are available.8) If the RBT has contacted the SFL but is unwillingto commence negotiations to complete an RSA,then the SFL will be able to complete operations inaccordance with the ecological guidelines applicableto the area. If the SFL is unwilling to commencenegotiations to complete an RSA, then theMNR will in its discretion either not approve anFMP for that FMU, or will not approve the commencementof harvesting operations. For the purposeof this paragraph "unwilling to commencenegotiations" means refusing to meet with theother party.9) If the parties are unable to negotiate an RSA, theneither party may seek mediation. The mediationwill last a maximum of one day unless otherwiseagreed by all parties, and will be conducted by theMNR or a mediator appointed by the MNR. Themediation will be conducted within fifteen (15)days of the request for mediation. If the MNRdetermines that a mediation is impractical orimpossible within fifteen (15) days, then no mediationwill be conducted unless the parties otherwiseagree. Mediation is confidential, and any offers,options or discussions regarding potential settlementswill not be disclosed in or used as the basisfor a decision in any subsequent proceeding.10) If the parties do not agree at mediation, then anarbitration will be conducted on the followingterms:• the arbitration will be completed within thirty (30)days of the request for arbitration,• the maximum duration of the arbitration shall betwo (2) days;• each party will pay to the MNR five hundred($500) dollars towards the cost of arbitration;• the arbitrator will be selected by the MNR from aregional list of arbitrators approved by the two industries;• where the dispute affects a lake where timber harvestingpractices are by clear-cutting (as defined inthe revised Tourism Guidelines), the arbitratorshall make a decision based on the principles ofthis Memorandum in order to allocate fifty (50)percent of the Mutual Allocation Zone to eachparty. The Mutual Allocation Zone is defined as azone extending two hundred (200) metres from theshoreline of the lake and within the area defined asthe five year timber allocation. Each party mustdefine for and present to the arbitrator, a map andrationale showing one half of the area in the zoneto be designated as a no-cut reserve, and one half27
Management Guidelines for Forestry and Resource-Based Tourism – APPENDIX 1of the area in the zone to be designated as harvest,so long as no zone designation contravenes theecological Forest Management PlanningGuidelines of which define the minimum distancefrom shoreline available for harvest.• for all other issues the arbitrator shall decide as he orshe considers just and appropriate in accordancwith the following documents:a) the principles contained in thisMemorandum;b) the Forest Management Planning Guidelines;andc) the map of values and projected road patterns.• the Arbitrator may award costs to a maximum of anadditional one thousand ($1000) dollars against anunreasonable party, to be paid to the successfulparty.11) In the event the parties are not satisfied with theresult of the arbitration, either may then use theother legal remedies available to resolve disputesunder the CFSA or the EA Act, when they becomeavailable.12) Every RSA that is completed by negotiation ormediation will be deemed to comply with the normalapplication of the Guidelines, but only for thepurpose of confirming that no "beneficiary pay"charge will be applied to such RSA's.13) Every RSA that is completed as a result of the RSAarbitration process, the Forest ManagementPlanning dispute resolution process, or an EA"designation request" will be subject to a determinationby the MNR, after completion of the relevantFMP, and in light of the final terms of theRSA as included in the FMP. The MNR willdetermine whether there is protection in excess ofthe normal application of the Guidelines, whetherthere is a beneficiary, whether there is a loss orcost to the SFL, and, if so, order payment of theamount the cost or losses to the SFL. In the eventthe MNR determines that the normal applicationof the Guidelines has not been achieved, it mayorder the payment of compensation to the RBT.14) Every RSA shall:a) be an evergreen agreement, if agreed to, orshall have a minimum term equal to the termof the FMP and a planning horizon of atleast 20 years;b) be transferable, on the following terms:i. Any transferee who is an RBT (or nonlicencedtourism operator who takes reasonablesteps at the time of the transfer tobecome an RBT and receives a licence withina reasonable time) or SFL must agree to bebound by the terms of the RSA;ii.A transfer to a non-licenced tourism operator,except those described in subsection(i) above, or any person other than anRBT or SFL will void the requirementsand obligations of the RSA; andiii.Notice will be provided to the parties toan RSA, to the MNR, and to MTOUR bythe transferor prior to the transfer;c) be amendable only on mutual consent of theparties or as a result of the amendment ofthe FMP by order of the MNR;d) have prescriptions which will protect thetourism values identified in the RSA throughthe application of the Guidelines and theinclusion of the prescriptions in the FMP;e) contain a commitment to share informationand a list of reference material available foruse in negotiating the RSA;f) apply to a specific geographic area determinedby the results of the RSA negotiationsand agreed to by the parties; andg) be a commitment binding on all overlappinglicencees of the SFL.28
Page 1 and 2: Management GuidelinesFor Forestry a
Page 3 and 4: © 2001 Queen's Printer for Ontario
Page 5 and 6: Management Guidelines for Forestry
Page 33: Management Guidelines for Forestry
Page 45: 51544(2.5kP.R., 19 07 01)ISBN 0-779

Management Guidelines For Forestry and Resource-Based Tourism

Create successful ePaper yourself

Delete template?

Save as template?