Program Description

Incidental Conifer Replacement Program (ICRP)
Program Description

1.   DEFINITIONS

  1.1       Definitions:

(a)   "Applicant" 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 the Department;

(b)  "Approval" means the written approval on terms determined by the Department and provided by the Department to FRIAA, used to implement an approved Project;

(c)   "Department" means Environment and Sustainable Resource Development (ESRD) and the Minister thereof, as applicable;

(d)   "Eligible Activity" means a silvicultural treatment, or any portion thereof, in respect of Specified Replacement Areas approved by the Department under this Program;

(e)   "Program" means this Incidental Conifer Replacement Program and the terms and conditions contained herein;

(f)    "Project" means a Proposal that has been approved by the Department under the Program;

(g)   "Proposal" means a proposal for an Eligible Activity, which is specific in nature, submitted by an Applicant under the Program;

(h)   "Incidental Conifer Replacement Funds" means the funds which have been paid by the Department and received by FRIAA for the specific purpose of the Program, which funds were collected in respect of coniferous timber harvested incidental to and as the result of deciduous timber harvesting operations;

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

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

(k)   "Specified Replacement Areas" means those areas determined by the Department that will be reforested with coniferous species to replace the coniferous growing stock harvested as the result of and incidental to deciduous timber harvesting operations.

2.  PROGRAM PURPOSE

  2.1   The purpose of the Program is to provide for improved coniferous timber supplythrough effective silviculture treatment of Specified Replacement Areas in the interest of all Albertans. The Program does not absolve any person or government of legislated or contracted responsibilities for reforestation, sustained yield forest management or other prescriptive requirements.

3.   APPROVALS

  3.1  Applicants must obtain from the Department approval in writing for Eligible Activities which also identifies the Specified Replacement Areas and the approval will form the basis of FRIAA entering into an agreement with the Applicant to undertake a Project.

  3.2  The Department has full discretion over whether an Approval is granted, and may have specific information requirements before granting an Approval.

  3.3  In addition to the written Approval, the Applicant must provide to FRIAA a written Proposal that must include:

a.  the full name and contact information of the Applicant and the individual contact who is primarily responsible for the Project on behalf of the Applicant;

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

c. conditions, if any;

d. the Specified Replacement Areas to which the Proposal relates;

e.  the details of the proposed treatment for the Specified Replacement Areas to be     carried out by the Applicant to which the Proposal relates;

f.  the total maximum amount payable under the Approval;

g. a budget and schedule of payments;

h. any other terms and conditions required by the Department; and

i.  any other information or form required by FRIAA or the Department.

  3.4  The Applicant shall remain fully accountable for a Project.

  3.5          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.

  3.6  Notwithstanding any Approvals by the Department, FRIAA shall in no way be required to enter into agreements for Projects under the Program that exceeds the Incidental Conifer Replacement Funds received by FRIAA.

  3.7   Where the Department grants an Approval, a copy of the Approval shall be provided to FRIAA.

4. USE OF FUNDS

  4.1 Any amounts payable under an Approval shall be used exclusively by

 an Applicant for the Project in accordance with the Approval.

  4.2  Under no circumstances shall payments be made to an Applicant prior to the completion of the Work for which payment is made, and in all cases payments to an Applicant shall be made in accordance with the payment schedule set out by the Department in its Approval or as required by FRIAA.

  4.3  All Incidental Conifer Replacement Funds advanced prior to the completion of the Project are deemed to be held in trust by the Applicant or recipient until FRIAA has acknowledged in writing to the Applicant that the Project is completed in accordance with the terms of the Approval. FRIAA shall not be liable to any third party where FRIAA contracts with the Applicant, who shall be solely liable to any third party with whom the Applicant contracts.

  4.4  All Incidental Conifer Replacement Funds advanced prior to the completion of the Project in accordance with the Approval shall be returned to FRIAA if required by FRIAA in the event of:

a. termination of the Approval or Project by the Department or FRIAA;

b. the requirement of paragraph 5.1 is not satisfied; or

c. failure to comply with the Program or the terms of the Approval or Project.

5.  REPORTING AND AUDIT REQUIREMENTS

  5.1        An Applicant shall provide any information whatsoever that the Department or FRIAA requests in respect of any Proposal, Project or request for Incidental Conifer Replacement Funds.

  5.2        Without limiting the generality of the foregoing, FRIAA may request and shall receive from an Applicant:

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 end of fiscal year, for each Project;

d. detailed reports, co-ordinated to the Applicant'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.

  5.3   FRIAA may conduct 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.

6. APPROVAL, REVIEW and ADMINISTRATION

  6.1   In the event that an Applicant is in breach of or otherwise fails to perform, for any reason whatsoever, any provision of 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 Applicant;