CRP Program Description

Community Reforestation Program (CRP)
Program Description

1.  DEFINITIONS

1.1 Definitions:

            (a)  "Approval" means the written approval on terms provided by FRIAA, used to implement an approved Proposal; 

            (b)  "Association" or "FRIAA" means the Forest Resources Improvement Association of Alberta; 

            (c)   "Eligible Activity" means an approved reforestation or silviculture treatment, or any portion thereof, in respect of Identified Cutblocks by FRIAA as requiring treatment or reforestation activities; 

            (d)   "Identified Cutblocks" means those cut over areas to which a Reforestation Levy applies; 

            (e)   "Program" means this Community Reforestation Program; 

            (f)    "Project" means an approved Proposal under the Program; 

            (g)   "Proposal" means a contract proposal for an Eligible Activity, which is specific in nature, outlining the work for approval under the Program; 

            (h)   "Reforestation" has the same meaning as set out in Part 6 of the Regulation; 

            (i)   "Reforestation Funds" means the funds FRIAA has available for projects arising out of the Reforestation Levy collected in accordance with applicable regulations and bylaws; 

            (j)   "Reforestation Levy" means the Reforestation Levy required to be paid under the Regulation or the Forest Resource Improvement Regulation; 

            (k)   "Reforestation Standards" has the same meaning as set out in Part 6 of the Regulation; 

            (l)   "Regulation" means the Timber Management Regulation (AR 60/73) as may be amended from time to time; 

            (m)  "Survey Manual" has the same meaning as set out in the Regulation. 

            (n)   "Service Provider" means a company, firm, other organization or individual, with whom FRIAA contracts, for the provision of one or more Eligible Activities, and who has obtained Project approval from FRIAA;

 

2.PROGRAM PURPOSE and GOALS

2.1  The purpose of the Program is to provide for sustained yield through prompt and effective silviculture treatment of Identified Cutblocks for the interest of all Albertans.  The Program does not absolve any person or government of their respective responsibilities for sustained yield forest management or other prescriptive requirements. 

2.2  It is a goal of the Program to ensure Identified Cutblocks are treated to meet Reforestation Standards as set out in the Survey Manual and the Regulation.

 

3.REFORESTATION LEVY 

3.1  Reforestation Funds are assessed and collected by FRIAA in accordance with regulation and with the bylaws or policies of FRIAA. 

 

4.SERVICE PROVIDER CONTRACTS

 4.1   Service Providers must provide a Proposal for one or more Eligible Activities to FRIAA in accordance with the terms of the Program, and the Proposal will form the basis of the contract for a Project. 

4.2  The Proposal must include: 

            (a)  the full name and contact information of the Service Provider and the individual contact who is primarily responsible for the Project on behalf of the Service Provider;

            (b)  the full names and contact information of all sub-contractors, if any;

             (c)  reference to the Identified Cutblocks to which the Proposal relates;

            (d)  all details of the proposed treatment for the Identified Cutblocks to be carried out by the Service Provider to which the Proposal relates;

             (e)  a budget and payout schedule, as may be required by FRIAA;

             (f)   any other information or form required by FRIAA in order to approve the Proposal.

4.3   FRIAA shall evaluate Proposals it receives from Service Providers and shall require all Proposals meet the following criteria:

             (a)   the Proposal must have regard to the purpose and goals of the Program, as set out in Article 2, above;

             (b)   the Proposal must demonstrate that the work proposed is consistent with the procedures and meeting the Reforestation Standards set out in the Regulation and the Survey Manual;

             (c)   the Proposal must be consistent with the silviculture prescription, if applicable, for the Identified Cutblocks;

             (d)  the Proposal must be technically sound and preference may be given to a Proposal that demonstrates innovative techniques or treatment, where technically sound;

             (e)   the Service Provider must demonstrate an ability to carry out the Proposal, which may include a demonstration of experience;

             (f)    the expenses of the Proposal must be reasonable in all the circumstances, including, with respect to the reforestation work, the expense must not exceed the fair market value of the goods and services being provided;

             (g)   the Proposal must not be contrary to the objects of FRIAA, the bylaws, or the provisions of relevant regulations or legislation;

             (h)   the Proposal must, in the opinion of FRIAA, demonstrate responsible reforestation treatment and management;

            (i)    the Proposal must not, in the opinion of FRIAA, have a significant adverse impact on other forest resources or the environment as a whole;

             (j)    the Proposal must be an Eligible Activity;

             (k)   the Service Provider must agree to carry out the Proposal in an environmentally responsible manner;

             (l)    a Proposal should demonstrate the Service Provider is able to complete the Project economically and efficiently, and the Service Provider shall accept liability for completing the Proposal.

4.4   All matters of administration of, and accountability for, a Project shall be the sole responsibility of the Service Provider.

4.5   Where a Proposal or Project includes work that is, in the opinion of FRIAA, the responsibility of a timber disposition holder, only that portion of the Proposal or Project that is not the responsibility of a timber disposition holder is eligible for funding under the Program.

 4.6   FRIAA's Approval of a Proposal shall be limited to availability of funds for the Proposal.

 4.7   FRIAA shall not be obliged to approve any Proposal which, in its sole discretion, does not meet all of the criteria or where, in its sole discretion, another Proposal better meets the applicable criteria.

4.8   Where FRIAA approves a Proposal, an Approval shall be prepared and forwarded by FRIAA to the Approved Service Provider for execution outlining the terms and conditions of FRIAA to implement the Proposal.

 4.9   The Approval may address:

             (a)   the total maximum amount payable under the Approval;

             (b)   a schedule of payments under the Approval;

            (c)   the terms and conditions of the Approval;

            (d)   any other terms and conditions required by FRIAA;

             (e)   any other conditions that are necessary to carry out the Project, including audit procedures and reporting requirements;

             (f)    the expectations, standards and goals of the Approval.

 

5.USE OF FUNDS

5.1    Any amounts payable under an Approval shall be used exclusively by an Approved Contractor for the Project approved by FRIAA in accordance with the Approval.

 5.2    In no circumstances shall payments be made to a Service Provider prior to the work for which payment is made being complete, and in all cases payments to a Service Provider shall be made in accordance with the payment Schedule agreed to by FRIAA in its Approval.

5.3    All Reforestation Funds advanced prior to the completion of the Project are deemed to be held in trust by the Service Provider or recipient until FRIAA has acknowledged in writing to the Service Provider that the Project is completed in accordance with the terms of the Approval by FRIAA.  FRIAA shall not be liable to any third party contractor where FRIAA contracts with the Service Provider, who shall be liable to third party contractors with whom the Service Provider contracts.

5.4    All FRIAA Funds advanced prior to the completion of the entire Project in accordance with the Project shall be returned to FRIAA if required by FRIAA in the event of:

            (a)     termination of the Project by FRIAA, or

             (b)     the requirement of paragraph 5.1 is not satisfied, or

             (c)     otherwise as may be provided by the Program or the terms of the Approval or Proposal.

 

6.REPORTING AND AUDIT REQUIREMENTS

 6.1    A Service Provider shall provide any information whatsoever that FRIAA requests respecting any Proposal, Project or request for Reforestation Funds, and this provision shall be a requirement of the Approval.

 6.2    Without limiting the generality of the forgoing, FRIAA may request and shall receive from any Service Provider:

             (a)     a report from an independent, qualified accountant, in accordance with the Canadian Institute of Chartered Accountants' Handbook;

             (b)     performance of an audit, or prompt, complete responses to audit inquiries or requests;

             (c)     reports setting out financial information that may be required by FRIAA, and co-ordinated to FRIAA's fiscal year end, for each Project;

             (d)    the submission of detailed reports, co-ordinated to the Service Provider's fiscal year end for each Project summarizing the work that has been completed and work not yet completed;

             (e)     an end-of-Project detailed report summarizing the results of the Project.

 6.3    FRIAA may conduct random audits on Projects and shall conduct random sample audits and post-Project audits from time to time as may be considered appropriate or expedient at the sole discretion of FRIAA.

 

7.APPROVAL REVIEW & ADMINISTRATION

 7.1    In the event a Service Provider is in breach of or otherwise fails to perform, for any reason whatsoever, any provision or term or condition of an Approval, or is in contravention of any policy or rule of FRIAA, FRIAA may, in its sole discretion, do one or more of the following in addition to any other rights it may have at law or otherwise:

            (a)     terminate any and all agreements with the Service Provider;

             (b)     suspend or cancel membership in FRIAA;

             (c)     demand and be entitled to receive from the Service Provider any and all paid, disbursed and undisbursed funds advanced by FRIAA on account of any Project or pursuant to any Approval;

             (d)    withdraw Approval of a Project at any stage of the Project;

             (e)    commence any action or take any steps that FRIAA may consider just or appropriate in the circumstances.

7.2    In the event of the appointment of a receiver over the assets and affairs of a Service Provider, FRIAA may allow, in its sole discretion, the receiver to carry out the terms of the Approval prior to receivership, provided always the receiver be obligated to the same extent and in the same manner as the Service Provider.  Further, FRIAA may, in its sole discretion, allow Reforestation Funds to be utilized by the receiver of a Service Provider in a manner that is in accordance with the bylaws, rules and policies of FRIAA, as well as any applicable agreement, all as if the receiver is the original Service Provider of the Reforestation Funds.

 

8.INDEMNITY

 8.1    All matters of administration of, and accountability for, a Project shall be the sole responsibility of the Applicant;

 8.2    The Applicant shall indemnify and hold harmless FRIAA, FRIAA's employees and agents, from any and all claims, demands, actions and costs whatsoever that may arise, directly or indirectly, out of any act or omission of the Service Provider, its employees or agents, contractors or sub-contractors, in the performance by the Service Provider of the Proposal or these terms and conditions.  Such indemnification shall survive termination of these terms and conditions and completion of the Proposal.

 8.3   FRIAA shall not be liable or responsible for any bodily or person injury or property damage of any nature whatsoever that may be suffered or sustained by the Service Provider, its employees, agents, contractors or sub-contractors in the performance of the Proposal or these terms and conditions.