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C.C.S.M. c. F150

The Forest Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1           In this Act,

"branch" means The Forestry Branch; (« Direction »)

"burning permit area" has the same meaning as in The Wildfires Act; (« zone de permis de feu »)

"Crown" means Her Majesty the Queen in right of the province; (« Sa Majesté »)

"Crown lands" means Crown lands as defined in The Crown Lands Act; (« terres domaniales »)

"Crown timber" includes any trees, timber, and products of the forest, in respect whereof the Crown is entitled to demand and receive any royalty or revenue or money whatsoever; (« ressources forestières domaniales »)

"department" means the department of government over which the minister presides and through which this Act is administered; (« ministère »)

"director" means the Director of The Forestry Branch; (« directeur »)

"forest land" means any uncultivated land in the province on which trees or shrubs are growing or standing; any barren, dry marsh, or bog, whether the land is owned by the Crown or by private persons, or held under lease from the Crown; (« forêt »)

"forest management berth" means any area for which a forest management licence is granted under this Act for the purpose of providing timber on a sustained yield basis to a wood-using industry; (« zone de gestion forestière »)

"forest management licence", "timber sale agreement", "timber permit", means any forest management licence, timber sale agreement or timber permit granted under this Act or the regulations, authorizing the cutting and removal of Crown timber; (« licence de gestion forestière », « contrat de vente de bois », « permis de coupe de bois »)

"forest management unit" means an area which may be subject to a separate management plan, and from which sustained yield is sought as the object of management; (« région de gestion forestière »)

"licensee" means the holder of a valid licence; (« titulaire d'une licence »)

"mines" and "minerals" means mines and minerals as defined in The Mines and Minerals Act; (« mines et minéraux »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"officer" means

(a) the minister, the deputy to the minister, the assistant deputy to the minister, and the director,

(b) the director of management services, an administrative services officer, a regional director, a regional supervisor, a forester, a conservation officer, an engineering aid, a technician, and a fire control officer employed in the department, and any other person employed in the department in a position specified as an officer in the regulations,

(c) a regional park supervisor and a conservation officer employed in the Parks Branch of the department, and

(d) a police officer, a police constable, and a peace officer;

and includes any person upon whom any of the above mentioned persons has called for assistance in the enforcement of this Act or the regulations during the time he is rendering such assistance; (« cadre »)

"oil and gas rights" means oil and gas rights as defined in The Oil and Gas Act; (« droits gaziers et pétroliers »)

"option licence" means a licence issued for the purpose of survey and investigation of the timber resources of a selection area; (« licence d'évaluation »)

"permittee" means the holder of a valid permit; (« titulaire d'un permis »)

"primary forest products" include trees or portions thereof and their initial processed products; (« produits forestiers primaires »)

"provincial forest" means any lands designated as such in the regulations; (« forêt provinciale »)

"public management area" means an area of Crown forest land, administered by the department under a forest management plan; (« région de gestion publique »)

"pulpwood berth" means any area leased prior to the coming into force of this Act for the cutting of pulpwood; (« zone de bois de pulpe »)

"scaler" means a person employed or engaged in the measurement of timber under authority of a valid Manitoba scaler's licence; (« mesureur »)

"sustained yield capacity" means capacity when operated under sustained yield management; (« capacité de rendement continu »)

"sustained yield management" is the planned use of a forest area whereby the timber produced is periodically removed without reducing the capacity of the area to continue production at an equal or greater rate in perpetuity; (« gestion de rendement continu »)

"timber" means all trees standing, fallen, or cut and includes primary forest products; (« ressources forestières » ou « bois »)

"well" means a well as defined in The Oil and Gas Act. (« puits »)

S.M. 1993, c. 4, s. 227; S.M. 1997, c. 36, s. 40; S.M. 2000, c. 35, s. 44.

PART I

ADMINISTRATION

Minister to regulate and administer, etc.

2           The minister, with respect to Crown timber on behalf of the Crown, shall regulate and administer all matters relating to, or in any way connected with, forestry, and, without restricting the generality of the foregoing, shall regulate and administer,

(a) all rights, properties, interests, claims and demands of the Crown in timber;

(b) subject to The Financial Administration Act, all revenues and money of the Crown arising from forestry;

(c) management, utilization and conservation of Crown forest lands and timber;

(d) afforestation, reforestation, tree preservation and tree improvement;

(e) the disposition of timber;

(f) the cutting and production of primary forest products and products of the forest;

(g) the enforcement of statutes, rules and regulations relating to forestry and provincial forests.

Forestry Branch

3           There shall be in the department a branch known as: The Forestry Branch, which shall be controlled and directed by the minister.

Administration of provincial forests

4           The grazing of livestock, the cutting of hay, the gathering of wild flora, and the occupancy of land, in provincial forests shall be administered through and under the branch.

Staff

5           A Director of The Forestry Branch and such other officers and employees as may be required to administer this Act may be appointed as provided in The Civil Service Act.

Inspection of premises

6           In the discharge of his duties, an officer or any person by him accompanied or authorized for that purpose, may enter upon and pass through or over private property without being liable for trespass; and for the purpose of carrying out the provisions of this Act, may inspect any camp occupied by timber operators.

Members of department not to hold property from Crown

7           No officer, clerk, or employee of the department shall have, acquire, or hold, directly any property or interest in any timber berth or timber licence, or authority from the Crown to utilize or deal with any timber or any product of Crown forest land, or engage or have any interest in any business having as its object the utilization or dealing in timber or products of the forest.

Agreements with Canada and other provinces, etc., authorized

8(1)        The minister, subject to the approval of the Lieutenant Governor in Council, may, on behalf of the government, enter into an agreement or arrangement with the Government of Canada, a province or state, a municipality or the owner or licensee of a forest for the protection, development or utilization of forest resources, including protection from fire, insects, and diseases, for forest inventories, silvicultural research, watershed protection, reforestation, forestry publicity, and education, and, in respect of the construction of roads and improvement of streams on Crown forest land, improvement of growing conditions and management of Crown forest land.

Building of roads, etc.

8(2)        The minister may, subject to other relevant legislation, maintain or build roads, winter roads and stream improvements on Crown land, designate any of them as resources roads or improvements, regulate and set charges for their maintenance and assess and recover the cost of any damage to them as a debt owed to the Crown from the person responsible for the damage.

Sale of timber on land sold

9           Notwithstanding anything in The Crown Lands Act, where application is made to purchase Crown lands on which, in the opinion of the director, there is timber of value, he shall obtain an estimate of the value of the timber and that value shall be added to the sale price of the land; but if the land applied for contains thereon timber that should be reserved for the future requirements of the forest industries of the province, the minister may refuse the application.

Timber on leased land

10          Notwithstanding anything contained in The Crown Lands Act, where application is made to lease Crown lands within a burning permit area, and in the opinion of the minister, the land or any part thereof is best suited to forest production, the minister may

(a) refuse the application;

(b) adjust the leased area to exclude forest lands; or

(c) make such arrangements, as in his opinion, may be necessary for the management of any forest area comprised in such area.

S.M. 1997, c. 36, s. 40.

PART II

TIMBER CUTTING RIGHTS

Disposition of cutting rights for Crown timber

11(1)       Timber cutting rights including forest management licences, timber sales and timber permits shall be granted in such manner, and by such means, as, in the opinion of the minister, secures the maximum benefit to the forest industry of the province; and, without restricting the generality of the foregoing, the minister may offer Crown timber for sale

(a) by public competition

(i) to the public generally; or

(ii) to any group of persons already established in timber operations in a forest management unit within which the timber being offered is located; or

(b) with the approval of the Lieutenant Governor in Council,

(i) by negotiation between the government and any company or person who provides satisfactory proof of his willingness and ability to make the required capital investment in the establishment of a new industry, or who requires additional timber to sustain an industry already established; or

(ii) to persons or organizations which require the right to cut timber for the purpose of providing employment in a low employment area or community where the establishment of a timber harvesting and utilization program will enhance the social and economic well-being of the area or community; or

(c) by permit or timber sale agreement where, because of silvicultural requirements, location, quantity or quality of timber or for the purpose of salvage or for municipal use it is, in the opinion of the minister, impracticable to grant cutting rights by competition; or

(d) by permit to cut pulpwood, boxwood or fuelwood for the permittee's own use or for sale, subject to such limitations as to quantity of timber and such terms and conditions as may be prescribed in the regulations at the time a permit is issued.

Tenders

11(2)       The highest or any bid or tender for timber cutting rights shall not necessarily be accepted if the bid or tender is considered by the director to be

(a) detrimental to an established wood using industry or to the establishment of a new one; or

(b) unfair to established operators in the area; or

(c) made by a person or a group of persons not qualified or equipped to conduct the operation.

Appeal

11(3)       Any person who submits a bid or tender higher than, or equal to, the one accepted may appeal the decision to accept the lower or equal bid, to the minister, if the appeal is made by registered mail within one week from the time the person is notified of the decision.

Arbitration

11(4)       If the appellant is still dissatisfied with the disposition of his appeal, he may within one week from the date he is notified by the minister of his decision under subsection (3), request in writing that the case be dealt with by arbitration; and, if he does so, the minister shall appoint an arbitration board as provided in the regulations to deal with the matter, and the decision of the arbitration board so appointed is final.

Transfer of timber cutting rights

12          Except as otherwise authorized or approved by the minister, and subject to such terms and conditions as he may consider fit to impose, a right to cut timber under this Act is not assignable or transferable.

Returns

13          Holders of timber cutting rights shall submit such returns and pay such dues, rentals and charges as may be fixed in the regulations.

Control of public management areas

14          For the purpose of regulating the production from a public management area, the minister may regulate

(a) the number and extent of timber sales of timber within the public management area; or

(b) the number, the size, and standard, of sawmills within the public management area.

Withdrawal of portion of timber berth or timber sale

15          Where, in the opinion of the minister, any portion of a forest management berth or a timber sale is not necessary for the proper working of the remainder of the berth or sale, it may be withdrawn therefrom.

Licence for scaler

16          No person shall act as a scaler unless he holds a valid and subsisting Manitoba scaler's licence.

Forms, etc.

17(1)       Every return, form, declaration, application or other information required to be submitted or made under this Act shall be as may be prescribed in the regulations, and shall be in such form, and contain such information, as is prescribed therein.

Penalty

17(2)       Every person who submits any return, form or information or makes any declaration under this Act that is false, is guilty of an offence and, upon summary conviction, is liable to the penalties prescribed in this Act.

Issue of forest management licence

18(1)       Where the investment in a wood-using industry established or to be established in Manitoba is sufficient to require the security of a continuous timber supply, the minister with the approval of the Lieutenant Governor in Council may, subject to sections 11 and 12 and to such terms and conditions as may be imposed by the minister and such terms and conditions as may be prescribed in the regulations, grant a forest management licence to such an industry.

Period of licence

18(2)       A licence granted under subsection (1) shall be for a period of not more than 20 years, but may be renewed, with or without change or amendments to the terms and conditions under which it was granted, for further periods of not more than 20 years each.

Timber covered by licence

18(3)       A licence under subsection (1) shall be restricted to the species, size, quality and quantity of timber which in the opinion of the minister is required by the licensee.

Rights of licensee

18(4)       The licence shall describe the land upon which the timber may be cut and shall, during its continuance, vest in the licensee, all rights of property whatsoever in all trees, timber, lumber, or other products of timber, that he is entitled by the licence to cut, and that have been cut, within the limits of the berth during the continuance thereof, whether the trees, timber, lumber, or other products, are cut by consent of the licensee or by any other person without his consent, and vests in the licensee, as against any person other than the Crown, subject to the conditions mentioned in the licence, all rights of property whatsoever in all trees, timber, lumber, and other products of timber, cut within the limits of the berth by any other person without his consent.

Right of seizure

18(5)        The licence entitles the licensee to seize in replevin or otherwise, as his property, timber of any kind cut within the limits of the berth where it is found in the possession of any unauthorized person, and also to bring an action or suit against any person unlawfully in possession of the timber, and to prosecute all persons cutting timber of any kind in trespass, and to recover damages, if any; and all proceedings pending at the expiration of the licence may be continued and completed as if the licence had not expired.

Extension of area

18(6)       Where the holder of a forest management licence undertakes to increase or increases the capacity of his mill, the minister, with the approval of the Lieutenant Governor in Council, may extend the area described in the licence; but the total area shall not contain forest products to which the licence is restricted in excess of the quantities required to supply the increased capacity of the wood-using industry.

Cost of survey

18(7)       The minister may require the licensee to pay for any costs incurred by the department for legal surveys, timber estimates, mapping and advertising the proposed forest management berth.

Method of payments to Crown

18(8)       Where a forest management licence is granted under a negotiated agreement, any payments to be made by the licensee to the Crown may be based on the volume of wood cut or manufactured or as a percentage of the revenue derived annually from the operation of the forest management berth, or on such other basis as the minister considers reasonable.

Option licences

19          The minister, with the approval of the Lieutenant Governor in Council, and after giving public notice, may issue an option licence to a forest industry for a forest area for a period not exceeding two years in order that the person to whom such a licence is issued may have an opportunity to make examinations and surveys to determine whether or not he wishes to obtain a forest management licence for all or part of such area; and the minister may forbid or restrict the issuance of any other timber licence or permit in the area covered by the option licence.

Licence subject to mineral rights

20(1)       Every licence for timber is subject to the provisions of this Act, or of any other Act, or of any regulations made thereunder, dealing with or affecting the disposal of mines and minerals or oil and gas rights within or under lands within the boundaries of the berth; and, the grantee, lessee, or permittee in respect of the mineral rights or oil and gas rights has the right to secure, use, and hold possession of, such land described in the grant, lease, or permit as is necessary for quarrying stone, for drilling or operating a well, or for working a mine, and the right to open any roads necessary in connection with such works.

Compensation to licensee

20(2)       In a case to which subsection (1) applies, the timber licensee shall be paid by the grantee, lessee, or permittee, the value of all timber cut, damaged, or destroyed, in making roads, in drilling or operating wells, in working any quarries or mines, or as a consequence, directly or indirectly, of any such operation or work.

Minister may permit prospecting

20(3)       Every licence is subject to the right of the minister to permit prospecting for mines and minerals; but the licensee shall be notified of every such permission, and is entitled to compensation from the prospector for any timber cut, damaged, or destroyed, by the prospector or as a consequence of his prospecting of the berth.

S.M. 1993, c. 4, s. 227.

Renewal of licence

21(1)       A licence or permit for timber berths sold prior to July 15, 1930, is renewable from year to year while timber of the kind and dimensions described in the licence or permit remains in sufficient quantity to make it commercially valuable, and subject to the payment of such dues and to such terms as are fixed by the regulations in force at the time the renewal is made.

Terms and conditions

21(2)       The minister is the sole judge as to whether or not the terms and conditions of a licence or permit or the provisions of this Act or of the regulations respecting timber berths have been fulfilled.

Negotiation for surrender

22          The minister, with the consent of the Lieutenant Governor in Council, may negotiate with any licensee or permittee for the surrender of his timber berth, on the basis of a cash settlement or on such other terms as he may consider advisable.

PART III

PROVINCIAL FORESTS

Disposition of lands within a provincial forest

23(1)       In order to reserve certain areas in the province for a perpetual growth of timber, and to preserve the forest cover thereon, and to provide for a reasonable use of all the resources that the forest lands contain, all Crown lands within a provincial forest are hereby withdrawn from disposition, sale, settlement or occupancy, except under authority of this Act.

Roads, etc., to be part of provincial forest

23(2)       Every road and highway, the title to which is vested in the Crown, and that lies between parcels of land contained in a provincial forest, shall, for the purposes of forest administration, be deemed to be part of the provincial forest.

Management of provincial forests

24          All Crown lands within a provincial forest are, subject to the direction of the minister, under the control and management of the director or such other officer as may, from time to time, be designated for that purpose by the minister.

L. G. in C. may acquire lands in provincial forest

25          The Lieutenant Governor in Council may purchase, expropriate, or otherwise acquire, any land for a provincial forest, the title to which is not vested in the Crown, or may exchange therefor available Crown lands; and where necessary may also make compensation upon such exchange.

Expropriation Act to apply

26          The Expropriation Act applies to any proceedings under section 25.

Provincial park lands within provincial forests

27          Where, under The Provincial Parks Act, an area within a provincial forest is designated as a provincial park, the area is not thereby withdrawn from the provincial forest.

S.M. 1993, c. 39, s. 36.

PART IV

PROHIBITIONS

Prohibition on cutting timber on Crown forest lands

28          Unless he holds a licence or permit therefor, no person shall enter upon forest land owned by the Crown for the purpose of cutting or removing timber, or shall cut, or remove, timber thereon or therefrom.

Cutting timber without authority

29(1)       Any person who without authority,

(a) cuts, or employs, or induces or assists any other person to cut any timber on forest land owned by the Crown; or

(b) removes or carries away, or employs or induces or assists any other person to remove or carry away any timber so cut;

has no right or title in or to that timber and no claim or right to any remuneration for cutting the timber, preparing it for market or for conveying it to or towards market.

Costs of illegally cut timber may be recovered

29(2)       The timber cut or cut and removed by a person as mentioned in subsection (1) is subject to seizure by an officer; and where the timber so cut and removed cannot be traced or found, the person shall be deemed to be indebted to the Crown in such amount, for every tree cut or cut and removed by him, as may be fixed in the regulations.

Seizure in execution of duties

30(1)       Where, in conducting an inspection under this Act or otherwise acting in the course of scope of duty, an officer discovers an offence being committed against this Act or the regulations, the officer may seize

(a) any timber; or

(b) any equipment or tool used to cut timber; or

(c) any vehicle, boat, aircraft or other conveyance;

which is being used to commit the offence or which is evidence of the offence, and may bring it before a justice, or report on it to a justice, to be dealt with according to law.

Warrant to enter and seize

30(2)       A justice who is satisfied by information upon oath that there are reasonable and probable grounds to believe that

(a) an offence against this Act or the regulations has occurred or is occurring; and

(b) there is to be found in any building or receptacle, or any vehicle, boat, aircraft or other conveyance, or any other place in the province a book, record, document, quantity of timber, piece of equipment, tool or other thing which affords evidence of the offence;

may at any time issue a warrant authorizing any officer, together with any peace officer on whom the officer calls for assistance and such other persons as may be named in the warrant, to enter and search the building, receptacle, conveyance or place for the thing, and to seize it and bring it before a justice, or report on it to a justice, to be dealt with according to law.

Seizure without warrant

30(3)       Where an officer believes, on reasonable and probable grounds, that

(a) an offence against this Act or the regulations has occurred or is occurring; and

(b) there is to be found in any vehicle, boat, aircraft, or other conveyance in the province a book, record, document, quantity of timber, piece of equipment, tool or other thing which affords evidence of the offence;

and it is not practicable in the circumstances to obtain a warrant in accordance with subsection (2), the officer may, without warrant, search the conveyance for the thing and may seize and bring it before a justice, or report on it to a justice, to be dealt with according to law.

Disposition of timber

31(1)       Where proceedings under this Act or the regulations in respect of timber seized under section 30 have been finally resolved,

(a) if the accused has been convicted, the timber is forfeited to the Crown and may be disposed of as an officer directs;

(b) if the accused has been acquitted or the prosecution has not proceeded, the timber shall be turned over to the person who is lawfully entitled to possess it.

Disposition of other things

31(2)       Subject to subsections (3) to (5), when proceedings under this Act or the regulations in respect of any thing except timber seized under section 30 have been finally resolved, or at such earlier time as the thing is no longer required for purposes of proceedings under this Act or the regulations, the thing shall be turned over to the person who is lawfully entitled to possess it.

Application for earlier possession

31(3)       Any person claiming to be lawfully entitled to possess any thing except timber seized under section 30 may, prior to the turning over of the thing under subsection (2) and upon giving the minister 14 days notice of the hearing, apply to a justice for an order under subsection (4).

Order by justice

31(4)       Upon hearing an application under subsection (3), the justice may order the seized thing to be turned over to the applicant, subject to such terms and conditions as the justice prescribes, if

(a) the applicant is lawfully entitled to possess the thing; and

(b) the justice is satisfied that appropriate arrangements have been, or will be, made to assure that the turning over of the thing will not interfere with the proper disposition of proceedings under this Act or the regulations.

Where person unknown

31(5)        Where, for six months or more after a thing has been seized under section 30, the person who is lawfully entitled to possess it is unknown or cannot be located after reasonable effort, the thing becomes the property of the Crown and may be disposed of as an officer directs.

Release of timber upon payment of dues

32          Notwithstanding anything in this Act, where any timber is seized under this Act, the minister may release the timber to the person from whom it was seized upon receipt of payment from the person of such amounts as may be prescribed in the regulations.

Case of mixture

33          Where timber cut without authority is mixed or intermingled with other timber so as to render it impossible, or very difficult, to distinguish the timber unlawfully cut, from any other timber with which it is mixed or intermingled, the whole shall be deemed to have been cut without authority, and is liable to seizure and confiscation unless the owner or possessor of the timber so mixed or intermingled separates the unlawfully cut timber from the rest of the timber to the satisfaction of the officer making the seizure.

Payment of dues, etc.

34(1)       Every person who cuts or cuts and removes timber, whether or not under the authority of a valid licence, permit, or timber sale agreement, and any person who purchases, acquires, or obtains any or all of the timber cut or cut and removed by him, shall pay to the Crown such fee, rate, royalty, assessment, dues, or charges for or in respect of the timber as may be prescribed in the regulations, or as may be set forth in the licence or other authority under which the timber was cut.

Payment of forest renewal charge

34(1.1)     A holder of a timber cutting right shall

(a) pay to the Crown a forest renewal charge as prescribed in the regulations; or

(b) if the minister approves, carry out forest renewal on forest land that has been harvested by the holder.

Forest renewal

34(1.2)     The holder of a timber cutting right who carries out forest renewal under clause (1.1)(b) shall do so according to such terms and conditions as are set out in the licence, permit or other authorization under which timber is cut or as may be prescribed in the regulations.

Seizure for unpaid fees, etc.

34(2)       Where any person fails to pay to the Crown all or part of the required fee, rate, royalty, assessment, dues or charges, an officer may

(a) follow any timber cut, or cut and removed, by that person; and

(b) seize the timber and dispose of it in accordance with this section.

Sale of timber

34(3)       Timber seized under subsection (2) may be sold in satisfaction of the fee, rate, royalty, assessment, dues or charges owing to the Crown, and the proceeds of sale shall be applied firstly, in satisfaction of the unpaid amount and secondly, towards the expenses of the sale; and, where the timber was cut under the authority of a valid licence, permit, or timber sale agreement, any surplus proceeds shall be paid to the person from whom the timber was seized.

Application by alleged debtor

34(4)       Where timber has been seized under subsection (2), the person from whom it was seized may, within 30 days of the seizure or such further time as the court may allow, apply to the Court of Queen's Bench for an order under subsection (5).

Order of restitution, etc.

34(5)       Where, upon hearing an application under subsection (4), the court is satisfied that the applicant owes no fee, rate, royalty, assessment, dues or charges to the Crown or owes a smaller amount than the Crown has alleged, the court may

(a) order the return, if possible, of some or all of the seized timber to be returned to the applicant; or

(b) order the Crown to make restitution to the applicant in an appropriate amount, including any monies reasonably expended by the applicant in applying for the order; or

(c) make such other order as is just under the circumstances.

Alternative remedy

34(6)       Where the timber of a person referred to in this section cannot be seized, and that person owes unpaid or outstanding fees, rates, royalties, assessments, dues or charges to the Crown with respect to that timber, the Crown may collect the unpaid or outstanding amount as a debt due to the Crown by an action in the Court of Queen's Bench, and the unpaid or outstanding amount is, and until paid shall remain, a lien on any timber cut by that person.

S.M. 1989-90, c. 40, s. 4.

Officer may call in assistance

35          An officer, in the discharge of his duty under this Act may, in the name of the Crown, call upon any person for assistance in the enforcement of this Act or the regulations.

Arrest by conservation officer

36          An officer may, without warrant, arrest and bring before a justice, to be dealt with according to law, any person found violating any provision of this Act.

S.M. 2005, c. 8, s. 15.

Penalty

37          Every person who contravenes or violates any provision of this Act or the regulations is guilty of an offence and is liable, upon summary conviction, where the accused is an individual, to a fine not exceeding $500. and in default of payment thereof to imprisonment for a term of not more than three months; and where the accused is a corporation to a fine not exceeding $1,000.

Application of Part IV

38          This Part applies, with such modifications as the circumstances require, to any person who grazes livestock, cuts hay or harvests wild rice on Crown lands in a provincial forest.

Suspension and cancellation of licence, etc.

39(1)       The minister or any person acting under his authority may, for cause, suspend for any stated period of time or until a condition is met, any licence, permit, or agreement, issued, granted, or made under this Act; and after notice and hearing, if in the opinion of the minister it is in the public interest to do so, he may cancel the licence, permit or agreement, as the case may be.

Notice and hearing before cancellation

39(2)       Before cancelling a licence, permit or agreement under subsection (1), the minister shall cause to be served upon the holder of the licence, permit or agreement, as the case may be, a notice in writing requiring him to attend before the minister or before such other person or persons designated by the minister, upon a day specified in the notice, which shall be not less than 30 days after the date of the notice, to show cause why the licence, permit or agreement should not be cancelled.

Service of notice

39(3)       The notice referred to in subsection (2) shall be served personally or by registered mail addressed to the last known address of the person affected thereby.

Notice of cancellation

39(4)       Where, after notice and hearing, the minister cancels a licence, permit, or agreement, he shall in writing, sent by registered mail, so notify the person affected by the cancellation.

Appeal to judge

39(5)       A person whose licence, or permit, or agreement, is cancelled by the minister under this section, may within 30 days after receipt of the notice of cancellation, appeal the cancellation to a judge of the Court of Queen's Bench and the hearing of the appeal shall be a hearing de novo.

Application of The Summary Convictions Act

39(6)       Subject to subsection (5), The Summary Convictions Act, with such modifications as the circumstances require, applies to an appeal under subsection (5).

Security for costs

39(7)       Where a person launches an appeal under subsection (5), unless the appeal court otherwise orders, he shall not be required

(a) to deposit any money as security for the costs of the appeal; or

(b) to furnish a transcript of the evidence upon which the minister had cancelled the licence, permit or agreement, as the case may be;

and where the appeal court orders the person to deposit money as security for costs, the amount to be deposited is in the discretion of the appeal court.

Interest on unpaid dues

40          All unpaid fees, rates, charges or other dues under this Act bear interest at such rate, and are subject to such terms, as may be prescribed in the regulations, and are a lien on any timber cut by the person liable for the payment of those unpaid fees, rates, charges or other dues.

PART V

GENERAL

Regulations

41(1)       For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation and order made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders,

(a) establishing the amount or rates to be charged as fees, rates, royalties, assessments, dues, and charges, for timber and other products of Crown forest lands;

(a.1) establishing the amount of the forest renewal charge for the purpose of subsection 34(1.1);

(a.2) prescribing the terms and conditions under which forest renewal shall be carried out under subsection 34(1.2);

(b) establishing the annual ground rent and fire protection charges for any area of Crown forest lands held under licence, permit, or agreement;

(c) prescribing the terms, and conditions under which a licence or permit may be granted, or an agreement entered into, and the fees or charges payable thereunder;

(d) respecting the licensing of, and regulating the operations of, sawmill operators, lumber planer operators, and scalers;

(e) prescribing the form of licences and permits and the form of applications for licences and permits;

(f) prescribing the records and information to be kept and provided by a person under this Act, and the reports, returns, and declarations, and form thereof, to be submitted by a person under this Act;

(g) respecting the licensing of persons purchasing primary forest products for resale or manufacture or for commercial construction, and the records to be kept by such persons;

(h) respecting the disposition of timber cut for silvicultural purposes;

(i) designating persons as officers for the purpose of this Act;

(j) respecting the granting of a grazing permit, hay cutting permit, or permit for harvesting wild rice, and the fees payable therefor, and the terms and conditions to which they may be subject;

(k) respecting the conservation, protection, and management of Crown forests and the control and management of the flora and fauna in such areas, and the occupancy of the lands in provincial forests;

(l) respecting the removal and exclusion of undesirable persons and trespassers, and of persons making unauthorized use of Crown forest lands or violating the provisions of this Act;

(m) prescribing the amount payable by a person under subsection 29(2);

(n) prescribing the interest rate and the terms and conditions to which unpaid rates, fees, royalties, assessments, dues and charges are subject;

(o) respecting the cutting, classifying, measuring, manufacturing, marking, branding, inspecting and clearing for export, of trees, timber, and products of the forest;

(p) prescribing courses and examinations for persons seeking a scaler's licence;

(q) designating any area of land as a provincial forest;

(r) respecting any other matter or thing necessary for the carrying out and enforcement of this Act.

Application of regulations

41(2)       A regulation made under clause 41(1)(a.1) may apply to timber cutting rights granted before or after the regulation comes into force and may apply to all or to particular kinds of timber cutting rights.

S.M. 1989-90, c. 40, s. 5 and 6.

Consolidated Fund

42          Moneys required to be expended for the purposes and objects of this Act shall be paid from and out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be paid and applied for such purposes.

Annual reports by minister

43(1)       Within nine months after the close of each fiscal year of the government, the minister shall prepare a report on the administration of this Act, including a review of all forestry allocations, for that fiscal year and lay the report before the Assembly if the Legislature is then in session or, if the Legislature is not then in session, within 15 days of the beginning of the next following session of the Legislature.

Five year reports by minister

43(2)       In addition to the reports required under subsection (1), the minister shall, within nine months after the close of the fiscal year of the government ending on March 31, 1991 and within nine months after the close of the fiscal year in every fifth year thereafter, prepare and lay before the Assembly forthwith if the Legislature is then in session or if it is not then in session within 15 days of the opening of the next following session, a report containing

(a) a review of the status of the forest resources in the province including the status of any species of trees to which reference is made in the Act or regulations or in any licence or permit issued thereunder and such other species of trees as the minister may select for review;

(b) a review of the forestry management programs carried on by the government and an assessment of their effectiveness;

(c) an analysis of trends in, and the forecast of demands for, the use of forest resources in the province; and

(d) an evaluation of the capability of the forest resources in the province to meet anticipated demands.

 

 
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