Governance/Regs

The materials below were extracted from Sustainable Forest Management Canada: Province of Nova Scotia (2012 document). More details are given in the source document.

FOREST GOVERNANCE

Public lands
The Nova Scotia Department of Natural Resources (DNR) provides authority to harvest from provincial public (Crown) land under two Acts:
Crown Lands Act
Scott Maritimes Pulp Limited Agreement (1965) Act.
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Parks and Protected areas
The Protected Areas Branch of the Nova Scotia Department of Environment is responsible for planning and managing Nova Scotia’s Wilderness Areas, Nature Reserves and Heritage Rivers, and for encouraging and supporting private land conservation.

Private lands
Nova Scotia’s Land Registration Act (2001) ensures that land owners in the province, including the Crown, are able to obtain a guaranteed title to a property.

FOREST MANAGEMENT LEGISLATION AND REGULATIONS

All lands
Forests Act
Wildlife Habitat and Watercourses Protection Regulations: These regulations are specific to forest harvesting and specify performance and post-harvest requirements that operators must achieve on harvest sites larger than a specified size. They are applicable on all lands regardless of ownership.
Endangered Species Act: This provincial Act provides for the designation of a species status, and is in addition to Canada’s national species at risk legislation. As of 2013, black ash (Fraxinus nigra) is the only tree species listed as ‘Threatened’ under this Act and its harvest is now prohibited.
Dimensions of Power in Forest Resource Decision-Making: A Case Study of Nova Scotia’s Forest Conservation Legislation
PhD thesis by Glyn Charles Bissix, The London School of Economics and Political Science, University of London, 1999. The study’s central focus is the Forest Improvement Act (FIA): 1962-1986.

Private lands
Forests Act
Forest Sustainability Regulations: Any person attempting to place primary or secondary forest products grown in Nova Scotia into a market would be covered by these regulations unless the volume of products is below the size limit (see below). The Forests Act is enforced by the DNR. Due Diligence verification that a Registered Buyer is in compliance with the Forests Act and Forest Sustainability Regulations can only be provided by DNR, through the Buyers Registry. Those buyers who acquire more than 5,000 cubic metres/year of privately sourced wood for manufacturing or export must provide for silviculture treatments. These treatments must adhere to the amounts specified in the Regulations or the buyer must make a payment to a special fund. Failure to do so would be an offence under this Act.

Compliance monitoring, enforcement and penalties: DNR has the provincial administrative authority for forestry, provincial parks, wildlife management, minerals and the administration of Crown lands.

TIMBER PROCESSING, LEGISLATION AND REGULATIONS

Persons or companies allocated Crown timber rights must pay stumpage (royalties) owed for timber products harvested. In addition to stumpage requirements, timber processors must adhere to the following Act and regulations for wood sourced from all lands.
– Forests Act
Registration and Statistical Returns Regulations
The names of Registered Buyers are published in an Annual Report.
Primary Forest Products Marketing Act
Check-Off Regulations & Orders: If the products that are harvested are pulpwood logs, pulpwood chips or sawlogs, and the products are sold between a producer and a manufacturer, then a levy specified under this Act would be owed and payable by the purchaser to the Nova Scotia Primary Forest Products Marketing Board.
Scalers Act: This Act specifies the manner by which round logs and other harvest products must be measured.

FOREST CERTIFICATION

As of 2014, five forest industry manufacturers and three woodlot owner organizations held third-party sustainable forest management certification on 1.3 million ha of land in Nova Scotia5. These forests were certified to at least one of three certification systems: the Canadian Standards Association (CSA), the Forest Stewardship Council (FSC) and the Sustainable Forestry Initiative (SFI).

PUBLIC ENGAGEMENT IN FOREST MANAGEMENT

The Path We Share, A Natural Resources Strategy for Nova Scotia 2011-2020
Guiding Principles
Natural Resources Strategy
Mi’kmaq-Nova Scotia-Canada Framework Agreement

AUDITOR REPORTS
Report of the Auditor General • • • November 2015 Chapter 6: Forest Management and
Protection

Noted: No monitoring of actual versus estimated harvest quantities; Operators paid for silviculture work without verifying work done

A Compilation of Forest Biomass Harvesting and Related Policy in Canada
Jean Roach and Shannon M. Berch 2014. Province of British Columbia document. Nova Scota policies pages 82-93.



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