Miramichi Lumber Products (MLPI) is bringing a Judicial Review Application forward challenging New Brunswick Crown annual timber right allocations.
The appeal – filed by MLPI and Daniel Anderson with the New Brunswick Court of Queen’s Bench on August 8 – seeks to quash the decision of the Minister of Energy and Resource Development from May 14 advising Anderson of the prescribed annual allocation of timber from Crown lands under License No. 3 for the 2018-2019 operating year and of the allocations for Chaleur Sawmills Inc., Fornebu Lumber Company Inc., J.D. Irving, Limited, and others, by “Treelength. Minimum 10 cm top“.
The appeal – filed by MLPI and Daniel Anderson with the New Brunswick Court of Queen’s Bench on August 8 – seeks to quash the decision of the Minister of Energy and Resource Development from May 14 advising Anderson of the prescribed annual allocation of timber from Crown lands under License No. 3 for the 2018-2019 operating year and of the allocations for Chaleur Sawmills Inc., Fornebu Lumber Company Inc., J.D. Irving, Limited, and others, by “Treelength. Minimum 10 cm top“.
According to an MLPI press release, “this action is taken on the basis that the allocations of timber from Crown Lands… are not authorized by the Crown Lands and Forest Act and the regulations thereunder.”
Rather, states MLPI, the Act states that timber on Crown Lands shall be allocated by species or groups of species (spruce, fir and jackpine) and by classes of timber including veneer logs, saw logs, studwood, pulpwood, poles, fuel wood and Christmas trees.
Treelength is not a prescribed class of timber.
MLPI is bringing this Judicial Review Application forward to ensure the Minister’s recent actions and Crown timber licensing decisions are “lawful, reasonable and in accordance with the rule of law, including the application of royalty rates which are also applicable to the prescribed classes of timber.”
The Province of New Brunswick has applied for an order dismissing MLPI’s Judicial Review Application on various process and technical grounds that include abuse of process, collateral attack, delay and standing. This motion will be heard on December 11 in Fredericton, N.B.
MLPI owns wood processing facilities in Miramichi and Boiestown, N.B. and since 2009 has held a Crown timber sub-license issued under the authority of the Minister.
Rather, states MLPI, the Act states that timber on Crown Lands shall be allocated by species or groups of species (spruce, fir and jackpine) and by classes of timber including veneer logs, saw logs, studwood, pulpwood, poles, fuel wood and Christmas trees.
Treelength is not a prescribed class of timber.
MLPI is bringing this Judicial Review Application forward to ensure the Minister’s recent actions and Crown timber licensing decisions are “lawful, reasonable and in accordance with the rule of law, including the application of royalty rates which are also applicable to the prescribed classes of timber.”
The Province of New Brunswick has applied for an order dismissing MLPI’s Judicial Review Application on various process and technical grounds that include abuse of process, collateral attack, delay and standing. This motion will be heard on December 11 in Fredericton, N.B.
MLPI owns wood processing facilities in Miramichi and Boiestown, N.B. and since 2009 has held a Crown timber sub-license issued under the authority of the Minister.
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