BILL 29

An Act to Amend the Crown Lands and Forests Act

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

1 Section 1 of the Crown Lands and Forests Act, chapter C-38.1 of the Acts of New Brunswick, 1980, is amended by adding the following definitions in alphabetical order:

“ecological integrity” means a condition that is determined to be characteristic of natural regions and likely to persist, including abiotic components and the composition and abundance of native species and biological communities, rates of change and supporting processes; (intégrité écologique)

“sustainability” means long-term Crown forest health; (durabilité)

2 The Act is amended by adding after section 1.1 the following:

PURPOSE OF THE ACT

1.2           The purpose of this Act and the regulations is to support and promote the sustainability of the Crown Lands and forests within the Province such that they are managed to meet social and economic needs of present and future generations in a manner in keeping with the following principles:

(a)        long-term ecological integrity is ensured;

(b)        aboriginal and treaty rights are recognized and accommodated proactively;

(c)        community values are recognized and actions taken are in accordance with these values;

(d)        the distribution of risks, impacts and benefits is equitable within and between generations;

(e)        resource management practices reflect the government’s fiduciary duty through its public trust responsibility to uphold the public’s right in the environment;

(f)         the Passamaquoddy, Wolastoqiyik and Mi’kmaq Nations are part of the forest management decision-making structure in recognition that Crown Lands were not ceded to the Crown;

(g)        the public has the opportunity to participate meaningfully in decisions related to the management of Crown Lands and forests within the Province; and

(h)        scientific information is a fundamental part of the decision-making process in the administration of this Act and the regulations.

3 Subsection 3(1) of the Act is repealed and the following is substituted:

3(1)          The Minister is responsible in accordance with this Act and the regulations, in consultation with the First Nations and the public, for the development, utilization, protection, conservation and ecosystem-based management of the resources of Crown Lands including:

(a)        access to and travel on Crown Lands,

(b)        harvesting and renewal of forest resources on Crown Lands,

(c)        habitat for the maintenance of viable populations of native flora and fauna,

(d)        the preservation of biological diversity,

(e)        the conservation of watersheds,

(f)         equitable sharing of the economic benefits created by resource use,

(g)        the maintenance of the many socio-economic benefits society derives from forests,

(h)        the consideration, in making development choices, of the values and needs expressed by the populations concerned,

(i)         governing the sale of timber and other forest products on the open market at a price reflecting their market value, and the supply of timber to wood processing plants.

4 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.