BILL 13

An Act to Return to the Crown Certain Rights Relating to Wood Supply and Forest Management

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Definitions

1                  The following definitions apply in this Act.

“forest management agreement” means a forest management agreement as defined in the Crown Lands and Forests Act. (entente d’aménagement forestier)

“licensee” means a licensee as defined in the Crown Lands and Forests Act. (titulaire d’un permis)

“memorandum of agreement” means a contract signed between Her Majesty the Queen in  Right of the Province of New Brunswick as represented by the Minister of Natural Resources  and licensees and sub-licensees as defined in the Crown Lands and Forests Act. (protocole d’entente)

“Minister” means the Minister of Natural Resources and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

“sub-licensee” means a sub-licensee as defined in the Crown Lands and Forests Act. (titulaire d’un sous--permis)

Purpose of Act

2                  The purpose of this Act is

(a)          to restore the ability of the Minister to exercise full responsibility for the development, utilization, protection and integrated management of the resources of Crown Lands in accordance with paragraphs 3(1)(b) and (c) of the Crown Lands and Forests Act;

(b)          to ensure that the Crown meets its obligation to consult and accommodate First Nations concerning any major changes to the use and management of Crown Lands;

(c)          to safeguard aboriginal and treaty rights held by First Nation communities in New Brunswick; and

(d)          to restore the ability of the Minister to encourage the management of private forest lands as the primary source of timber for wood processing facilities in accordance with subsection 3(2) of the Crown Lands and Forests Act.

Abrogation of Contracts

3(1) The memoranda of agreement signed with licensees and sub-licensees listed in Schedule A are null and void.

3(2) Any forest management agreements signed with licensees subsequent to the signing of the memoranda of agreement listed in Schedule A are null and void.

Immunity

4                  No action for damages and no proceeding for compensation, specific performance or otherwise shall be instituted or continued against the Crown in right of the Province, the Minister or a person designated to act on behalf of the Minister in relation to any breach of contract, breach of trust or other legal wrong arising directly or indirectly from the enactment of this Act.

Schedule A

1.   Memorandum of agreement signed February 7, 2014 between J.D. Irving, Limited and Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Natural Resources.

2.   Memorandum of agreement signed July 25, 2014 between Twin Rivers Paper Company Inc. and Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Natural Resources.

3.   Memorandum of agreement signed July 29, 2014 between Chaleur Sawmill Associates and Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Natural Resources.