Order in Council 407/2019

On the recommendation of the undersigned, the Lieutenant Governor of Ontario, by and with the advice and concurrence of the Executive Council of Ontario, orders that:

Whereas pursuant to subsection 34(1) of the Crown Forest Sustainability Act, 1994, S.O. 1994 c. 25 (the “CFSA”) and subsection 10(1) of O. Reg. 167/95 made under the CFSA, the Minister of Natural Resources and Forestry (the “Minister”) has the authority to amend a sustainable forest licence (“SFL”) granted under section 26 of the CFSA for the purpose of supplying forest resources to a forest resource processing facility;

And whereas pursuant to subsection 34(3) of the CFSA an amendment of a SFL may be made only with the approval of the Lieutenant Governor in Council, unless the licensee has agreed in writing to the amendment;

And whereas The Vermilion Forest Management Company Ltd. (“Vermilion”) is the holder of SFL number 542442 granted under section 26 of the CFSA and approved by Order in Council O.C. 1426/98 dated June 10, 1998 (such SFL as amended from time to time, the “Sudbury Forest SFL”) covering the Sudbury Forest;

And whereas pursuant to subsection 34(4) of the CFSA, by letter dated June 22, 2015 the Minister provided written notice to Vermilion of:

• The Minister’s intention to amend the Sudbury Forest SFL: to include a wood supply commitment requiring Vermilion to make available to Goulard Lumber (1971) Limited (“Goulard”) a supply of forest resources in accordance with a proposed wood supply agreement and to include a wood supply commitment requiring Vermilion to make available to Gervais Forest Products Ltd. (“Gervais”) a supply of forest resources in accordance with a proposed wood supply agreement (collectively, the “Proposed Supply Agreements”), and to make other administrative changes (the “Proposed Amendments”),
• The reasons for the Proposed Amendments, and
• The opportunity for Vermilion to make representations to the Minister within 30 calendar days on the Proposed Amendments to the Sudbury Forest SFL;

And whereas Vermilion made representations to the Minister, by letters dated August 18, 2015, and August 19, 2015, in respect of the Proposed Amendments, and indicated that it did not agree to the amendment to the Sudbury Forest SFL to include wood supply commitments requiring Vermilion to make wood supplies available to Goulard and Gervais in accordance with the Proposed Supply Agreements (the “Vermilion Representations”);

And whereas the Minister has given due consideration to the Vermilion Representations and all other matters that the Minister is required to consider under subsection 34(2) of the CFSA and has determined that the Proposed Amendments to the Sudbury Forest SFL should be made;

And whereas in accordance with subsection 34(5) of the CFSA, the Proposed Amendments are consistent with the applicable forest management plan;

Now therefore, pursuant to subsection 34(3) of the CFSA the Minister is hereby given approval to amend the Sudbury Forest SFL to make the Proposed Amendments.