Proposed regulatory changes under the Crown Forest Sustainability Act for the harvest of Crown forest resources for personal use

The proposed new regulatory approach governing personal use harvesting would include rules set out in the regulation which would allow some limited personal use harvesting without any authorization from the Ministry (e.g., collection of small amounts of downed wood, one Christmas tree per household, transplanting of five or fewer trees etc.)

For harvesting that does not fall within the parameters of those rules, an authorization must be sought from the Ministry of Northern Development, Mines, Natural Resources and Forestry (NDMNRF). Authorizations would provide the Ministry with the ability to review applications, carry out any consultation and appropriate accommodation with Indigenous communities, identify additional terms and conditions, confirm the final amount of charges ($) owed and approve (or deny) the authorization. 

The proposed regulatory amendments would support the continued use of forest resources by persons who are harvesting for non-commercial purposes pursuant to a right protected by subsection 35(1) of the Constitution Act, 1982. These activities would be exempt from the rules in regulation for personal use harvesting and the requirement to seek an authorization.  If a person harvesting for non-commercial purposes pursuant to a right protected by subsection 35(1) of the Constitution Act, 1982 chooses to apply for an authorization, there would be more flexibility regarding the conditions applicable to the authorization, and no payment required.

The proposed new approach would streamline the approval process for personal use harvest by allowing some activities without an authorization, while maintaining NDMNRF oversight for all other personal use harvest activities.

Currently, the licensing requirements to harvest Crown forest resources for personal, non-commercial use are the same as the licensing requirements for industrial or commercial use. Amendments to the Crown Forest Sustainability Act, 1994 to reduce red-tape were enacted December 2, 2021. These amendments enable the Ministry to develop a streamlined authorization approach for the harvest of Crown forest resources for personal, non-commercial use.  

NDMNRF is proposing amendments to Ontario Regulation 167/95 under the Crown Forest Sustainability Act, 1994  to apply a new approach for personal use harvest of Crown forest resources. Provided the rules in the regulation are complied with, this new approach is intended to support individuals to conduct limited harvesting for personal use without approval from the Ministry. The Ministry would continue to provide authorization for all other personal use harvesting activities.

Rules in regulation approach

The amendments would set out rules in the regulation, which would allow some limited personal use harvesting without any authorization from the Ministry.

The following personal use harvest of Crown forest resources activities are proposed to be allowed annually on a per household basis under rules set out in the regulation:

• collection of up to 10 cubic metres of downed wood (fallen trees and parts of trees)
• cutting of one Christmas tree, up to 2.5 metres in height, north of the French and Mattawa rivers
• cutting up to 5 small standing White Birch (Betula papyrifera) with a diameter of 10 cm or less at a height of 1.4 m
• transplanting of up to 5 trees that are no larger than 1.4 m in height
• cutting of branches of standing trees for creating decorative or artistic works
• collection of firewood (downed wood or cut standing dead wood) while Crown land camping or carrying out other recreational activities

Additional conditions are proposed that would require individuals carrying out personal harvest to:

• not damage any living tree or part of a living tree other than the trees or branches being harvested for the purposes of harvesting a Christmas tree, small White Birch or cutting of branches for creative or artistic works
• be lawfully camping to harvest forest resources for personal use while camping
• be, at least 16 years of age, or under the direct and immediate supervision of a person who is at least 16 years of age

Authorization approach

All other harvesting activities for personal use would require an authorization. Authorizations would require that individuals submit an application to the Ministry and provide payment for authorizations. Individuals would also be required to pay Crown charges based on the quantity of forest resources harvested.

Authorizations would provide the Ministry with the ability to review applications, carry out any required consultation and accommodation with Indigenous communities, identify additional terms and conditions, confirm charges owed and approve (or deny) the authorization. The regulation would also allow for additional terms and conditions to be added to authorizations as specified by NDMNRF such as a specific harvest location, species, or tree size restriction.

The following personal use harvest of Crown forest resources activities are proposed to require an authorization, and would be eligible on an annual basis per person:

• cutting or gathering of up to 20 cubic metres of standing trees or downed wood (fallen trees and parts of trees)
• transplanting of more than 5 trees to a maximum of 20 trees

Requirements applicable to both the “rules in regulation” and the “authorization”

The proposed regulation would include a number of conditions on personal use harvest of Crown forest resources under either the rules in regulation or the authorization, these proposed restrictions would include:

• harvesting of Crown forest resources on Crown lands
• no harvest in provincial parks and conservation reserves
• no selling, trading or barter of harvested forest resources
• no harvest south of the managed forest (consisting of all designated management units)
• no use of heavy equipment
• no work in-water
• no harvesting in active forest operations, where forestry personnel or any equipment are present, or where any signs are posted indicating forest operations are scheduled to occur
• no building of new, extensions or enhancements to trails or roads to access forest resources
• no transporting of forest resources outside of Ontario
• no leaving of trees or other material in the road right-of-way, a road surface or in a ditch

The proposed regulatory amendments would support the continued use of forest resources by persons who are harvesting for non-commercial purposes pursuant to a right protected by subsection 35(1) of the Constitution Act, 1982. These activities would be exempt from the rules in regulation for personal use harvesting and the requirement to seek an authorization.  If a person harvesting for non-commercial purposes pursuant to a right protected by subsection 35(1) of the Constitution Act, 1982 chooses to apply for an authorization, there would be more flexibility regarding the conditions applicable to the authorization, and no payment required.

Regulatory impact analysis

The anticipated environmental consequences of the proposal are expected to be neutral to positive. The rules set out in regulation will provide requirements for a number of activities that are currently not licensed by the Ministry. The rules set out in regulation will also allow for the collection of downed wood up to 10 cubic metres, this will utilize trees already cut by forest industry or fallen by natural processes. The Ministry will require an authorization for all other harvesting activities for personal use with a new requirement of 20 cubic metres or less, of forest resources.

The anticipated social consequences of the proposal are expected to be positive. The rules in regulation approach does not require individuals to register or pay, they simply need to read the rules online and follow them as they are completing the activity. This saves individuals money, and time and effort of getting an authorization from the local Ministry District office.

The proposed regulatory amendments would support the continued use of forest resources by persons who are harvesting for non-commercial purposes pursuant to a right protected by subsection 35(1) of the Constitution Act, 1982.

The anticipated economic consequences of this proposal are intended to be neutral. This proposal is focused on personal use, non-commercial authorizations.

The proposed regulatory changes are not anticipated to have a direct regulatory or financial impact to businesses.

The proposed regulatory changes proposal has been identified as part of the ministry’s ongoing modernization efforts and would help meet objectives to streamline approvals and find digital efficiencies for clients.