Miramichi Lumber brings judicial review application forward

December 11, 2018

By: The Working Forest Staff

MIRAMICHI, CANADIAN NEWSWIRE — The Judicial Review Application, filed by Miramichi Lumber Products (“MLPI”) and Daniel Anderson with the New Brunswick Court of Queen’s Bench on August 8, 2018, seeks to quash the decision of the Minister of Energy and Resource Development (“Minister”) dated May 14, 2018 advising Mr. 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.

This action is taken on the basis that the above-purported allocations of timber from Crown Lands by “Treelength. Minimum 10 cm top” are not authorized by the Crown Lands and Forest Act and the regulations thereunder (the “Act”).  Rather, 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, stud wood, pulpwood, poles, fuelwood 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, 2018, at 9:30 am in Fredericton.

MLPI is a private company registered in the Province of New Brunswick that owns wood processing facilities located at the City of Miramichi and the Village of Boiestown, N.B. and since 2009 has held a Crown timber sub-license issued under the authority of the Minister. 

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