Order in Council 408/2019

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 EACOM Timber Corporation (“EACOM”) is the holder of SFL number 542391 granted under section 26 of the CFSA and approved by Order in Council O.C. 1156/2001 dated May 9, 2001 (such SFL as amended from time to time, the “Spanish Forest SFL”) covering the Spanish Forest;

And whereas pursuant to subsection 34(4) of the CFSA, by letter dated July 25, 2017 the Minister provided written notice to EACOM of:

• The Minister’s intention to amend the Spanish Forest SFL: to include a wood supply commitment requiring EACOM to make available to Gervais Forest Products Ltd. a supply of forest resources in accordance with a proposed wood supply agreement; to reflect forest resources harvested pursuant to the Spanish Forest SFL are to provide a supply of forest resources to EACOM’s facility and to the beneficiaries of forest resource supply commitments identified in Appendix “E”; to revise Appendix “E” to remove the condition to make forest resources available to Niska North Inc.; to update the name in Appendix “E” condition 1, regarding making forest resources available to Rockshield Engineered Wood Products ULC; and to make other administrative changes (the “Proposed Amendments”),
• The reasons for the Proposed Amendments, and
• The opportunity for EACOM to make representations to the Minister within 30 calendar days on the Proposed Amendments to the Spanish Forest SFL;

And whereas EACOM made representations in writing to the Minister, dated August 14, 2017, in respect of the Proposed Amendments, specifically regarding the proposed amendment to reflect forest resources harvested pursuant to the SFL are to provide a supply of forest resources to EACOM’s facility (the “EACOM Representations”) and did not agree in writing to the Proposed Amendments to the Spanish Forest SFL;

And whereas the Minister has given due consideration to the EACOM 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 Spanish 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 Spanish Forest SFL to make the Proposed Amendments.