2(1)The Minister shall administer this Act and may designate persons to act on his behalf.

2(2)The authority and responsibility of the Minister to administer and control Crown Lands exists notwithstanding that such lands may be subject to a lease, easement or other encumbrance from time to time.

3(1)The Minister is responsible in accordance with this Act and the regulations for the development, utilization, protection and integrated management of the resources of Crown Lands, including

3(2)The Minister shall encourage the management of private forest lands as the primary source of timber for wood processing facilities in the Province consistent with subsection 29(7.1) and, with approval of the Lieutenant-Governor in Council, may initiate programs for such purposes.

5(1)The Minister may appoint the following persons to be forest service officers for the purposes of this Act and the regulations:

5(2)A forest service officer and any person assisting him in the performance of his duties may enter upon private lands whenever necessary for the proper performance of his duties under this Act.

5(2.1)Section 13 of the Fish and Wildlife Act applies with the necessary modifications to a forest service officer for the purposes of this Act and the regulations.

5(3)A document in writing signed by the Minister stating that the person named in the document has been appointed as a forest service officer shall, without proof of the authority, appointment or signature of the Minister, be accepted by all courts as conclusive proof that the person has been appointed to the office that he is stated to hold and the person in possession of such document shall, upon proof that his name is the same as the person named therein, be deemed to be the person named therein.

5.1(1)The Minister may appoint the following persons to be conservation officers who shall attend to the enforcement of this Act and the regulations in accordance with the powers conferred upon them by this Act and the regulations:

5.1(2)The following persons are conservation officers by virtue of their office:

5.1(3)For the purpose of investigations and other law enforcement activities under this Act and the regulations, the Minister may, in writing, exempt a conservation officer from the application of any provision of this Act or the regulations, subject to any terms and conditions that the Minister considers necessary.

5.1(4)The Minister may appoint persons performing a similar function in another jurisdiction to be conservation officers, but the appointment shall only be made for the purpose of a special investigation.

5.1(5)During the period for which they are appointed, persons appointed under subsection (4) shall attend to the enforcement of this Act and the regulations in accordance with the powers conferred upon them by this Act and the regulations.

5.1(6)A conservation officer, and any person assisting him or her in the performance of his or duties, may enter upon private lands whenever necessary for the proper performance of his or her duties under this Act and the regulations.

5.1(7)For the purpose of ensuring compliance with this Act and the regulations, a conservation officer may inspect a firearm or ammunition in a person’s possession on Crown Lands.

5.1(8)Section 13 of the Fish and Wildlife Act applies to a conservation officer for the purposes of this Act and the regulations.

5.1(9)A document in writing signed by the Minister stating that the person named in the document has been appointed as a conservation officer shall, without proof of the authority, appointment or signature of the Minister, be accepted by all courts as conclusive proof that the person has been appointed to the office that he or she is stated to hold and the person in possession of such document shall, upon proof that his or her name is the same as the person named in the document, be deemed to be the person named in the document.

6(1)There shall be a seal of the Minister.

6(2)Until changed under the authority of this section, the seal in use on the coming into force of this section shall be the seal of the Minister.

6(3)The Minister, with the approval of the Lieutenant-Governor in Council, may change the inscription on the seal.

6(4)The Minister may seal, with his seal, any instruments or documents except a grant of Crown Lands.

9(1)The Minister shall keep on file in his office records and plans showing the location of Crown Lands and the boundaries thereof.

9(2)In any proceedings under this Act involving a question as to the location of Crown Lands and the boundaries thereof, the records and plans on file in the office of the Minister shall be, in the absence of evidence to the contrary, proof of the correct location of such Crown Lands and the boundaries thereof.

11(1)Where a surveyor, carrying out a survey adjacent to or on Crown Lands, determines that such a survey defines the boundaries of a parcel of land that includes one or more boundaries or corners touching or bordering on Crown Lands, the surveyor shall submit a copy of the plan of survey to the Minister.

11(2)No changes in any records or plans on file in the office of the Minister shall be made on the basis of a copy of the plan of survey submitted to the Minister under subsection (1) until the copy of the plan of survey is filed with the Minister.

12(1)No person, other than the surveyor of record or another surveyor authorized in writing by him to do so, shall move, remove or destroy any monument, pin, post or other marker placed on Crown Lands to establish a boundary on Crown Lands.

12(2)A person who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

12(3)In a prosecution with respect to an offence under this section, any monument, pin, post or other marker alleged to have been placed on Crown Lands as shown on the records and plans on file in the office of the Minister, shall, in the absence of evidence to the contrary, be deemed to have been placed on Crown Lands for the purpose of establishing a boundary thereon.

12.1(1)Notwithstanding the New Brunswick Land Surveyors Act, 1986, the Minister may authorize a conservation officer or a forest service officer to determine and demarcate the legal boundaries of parcels of land that are wholly situated on Crown Lands, in connection with the issuing of leases or licenses under this Act.

12.1(2)In any case where a description of the boundaries of a parcel of land, which is contained in a legal instrument that creates or affects a lease or license in respect of the parcel, does not correspond to the boundaries of the parcel as demarcated by a conservation officer or a forest service officer under subsection (1) in connection with such lease or license, the boundaries demarcated by the officer shall be deemed to be the true boundaries of the parcel for the purposes of the lease or license.

16(1)Where the Crown has reserved the ownership of a strip or portion of land out of a grant or conveyance along a river or lake by virtue of any predecessor of this Act, or has not granted a similar strip or portion between land that has been granted and a river or lake, the Minister may make an order discontinuing the ownership by the Crown of such a strip or portion above the normal high water mark.

16(2)The Minister shall, within sixty days after the making of an order under subsection (1), register the order in the registry office for the county in which the strip or portion of land is located, and upon registration such strip or portion shall, subject to subsection (3), be deemed to be part of the grant or conveyance from which it was reserved or to which it is adjacent.

16(3)The discontinuance by the Crown of the ownership of a strip or portion of land under subsection (1) does not vest in the grantee of the adjacent land or his successors in title

17(1)No person shall erect or create a barrier or obstacle to impede the free passage of the general public along the bank or shore of a river, lake or stream over which there is a public right to pass and repass as set out in sections 15 and 16.

17(2)A person who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

18(1)The Minister may issue a grant of rectification where a grant of Crown Lands contains a clerical error, a misnomer or a wrong or defective description of the land.

18(2)A grant of rectification shall relate back to the grant with respect to which it is made and shall have effect as if issued on the date of issue of that grant.

18(3)The Minister may cancel a grant of Crown Lands that was issued as a result of fraud, misrepresentation or impersonation, in which case the land reverts to the Crown as if the grant had not been issued, subject to the rights of bona fide purchasers for value.

18(4)This section applies to grants whether made before or after the coming into force of this section.

20(1)With the approval of the Lieutenant-Governor in Council, the Minister may exchange Crown Lands for freehold lands.

20(2)Freehold lands that are acquired as a result of an exchange of lands shall be vested in the Crown in right of the Province under the administration and control of the Minister.

22(1)All leases of Crown Lands that were issued under the authority of the Crown Lands Act, or any predecessor of that Act, for a term of ten years or more are cancelled as of March 31, 1982, regardless of the portion of the term then remaining, and no compensation is payable by the Crown with respect thereto.

22(2)Where a lease is to be cancelled by virtue of subsection (1), the Minister shall not later than six months prior to cancellation offer a new lease of the premises to the lessee upon terms that the Minister considers appropriate and that are in accordance with this Act and the regulations.

22(3)Where an offer to lease is accepted within the time for acceptance prescribed by the Minister in the offer, the Minister shall, subject to the approval of the Lieutenant-Governor in Council, issue a lease upon the terms and conditions contained in the offer, to be effective upon the cancellation of the former lease pursuant to subsection (1).

23(1)The Minister may lease Crown Lands.

23(2)A lease of Crown Lands under subsection (1) may be issued following a call for tenders or a call for proposals made in accordance with the regulations, if any.

24(1)A lease of Crown Lands

24(1.1)A lessee of Crown Lands shall not use Crown Lands for a purpose not provided for in the lease.

24(2)As of March 31, 1982, a lease under the Crown Lands Act that has not been cancelled by virtue of subsection 22(1) shall be deemed to be a lease issued under this Act, and is subject to the terms and conditions under this Act.

24(3)Subject to paragraph (1)(b), a lease of Crown Lands may be renewed for a period equal to the original period if the terms and conditions set under the original lease are to remain the same.

24.1(1)A lessee shall not pledge a lease as security for a debt except with the written consent of the Minister, and any pledge of the lease without the consent of the Minister is void.

24.1(2)A lessee may only pledge his or her lease as security for a debt if the debt is incurred for a purpose that relates to the permitted and approved use of the lands under the lease.

24.1(3)The Minister may enter into a non-disturbance agreement with a lessee and any person who accepts the pledge of a lease as security for a debt.

25(1)The Minister may grant a right-of-way or easement with respect to Crown Lands.

25(1.1)A right-of-way or easement with respect to Crown Lands shall include the terms, conditions and reservations prescribed by regulation and any other additional terms, conditions and reservations imposed by the Minister.

25(2)A right-of-way or easement with respect to Crown Lands under subsection (1) may be granted following a call for tenders or a call for proposals made in accordance with the regulations, if any.

25(3)A person who has been granted a right-of-way or easement with respect to Crown Lands shall not occupy or use the Crown Lands for a purpose not provided for in the right-of-way or easement.

26(1)The Minister may issue a licence of occupation to any person authorizing that person to occupy and use Crown Lands for a period not exceeding twenty years.

26(1.1)A licence of occupation under subsection (1) may be issued following a call for tenders or a call for proposals made in accordance with the regulations, if any.

26(1.2)The Minister, under a licence of occupation, may authorize the extraction, the harvesting or the taking of any resource prescribed by regulation.

26(1.3)A licence of occupation shall include the terms, conditions and reservations prescribed by regulation and any other additional terms, conditions and reservations imposed by the Minister.

26(2)Notwithstanding subsection (1), the Minister may issue a licence of occupation to any person authorizing that person to occupy and use Crown Lands for such period of time the Minister considers necessary where the occupancy and use are for the purpose of placement of utility poles and anchors.

26(3)The Minister may renew a licence of occupation as many times as the Minister considers necessary, but the period for which a licence under subsection (1) may be renewed shall not exceed twenty years.

26(4)The Minister may

26(5)The holder of a licence of occupation issued under subsection (1) shall pay to the Crown a rental set in accordance with the regulations or, where there is no applicable regulation, a rental set by the Minister having regard to the rental value of similar land on the open market.

26(6)The holder of a licence of occupation shall not occupy or use Crown Lands for a purpose not provided for in the licence of occupation.

26.1(1)Where the Minister grants lands under section 13.1, grants or conveys lands under section 16.1 or conveys lands under section 21.1, the Minister shall provide to Executive Council a report on all such transactions in such form as is approved by Executive Council.

26.1(2)A report under subsection (1) shall be submitted for the six month period after the commencement of this section and for every six month period thereafter, with the report to be submitted no later than one month after each six month period.

26.1(3)A report under subsection (1) shall be published in The Royal Gazette no later than one month after the report is accepted by Executive Council.

27(1)All timber licenses under the Crown Lands Act that are not continued pursuant to subsection (4) are cancelled as of March 31, 1982, and no compensation is payable by the Crown with respect thereto except as may be allowed under subsection (7).

27(2)All agreements between the Crown and any person respecting an allocation of or an entitlement to timber under the Crown Lands Act are cancelled as of March 31, 1982, and no compensation is payable by the Crown with respect thereto.

27(3)Prior to June 30, 1981 the Minister shall offer to each person referred to in subsection (4) or (5) a proposal with respect to the continuation of his license, or the issue of a Crown timber license, Crown timber sub-license or Crown timber permit, as authorized under those subsections.

27(4)Every timber license under the Crown Lands Act that on March 31, 1982 is held by a person who the Minister, with the approval of the Lieutenant-Governor in Council, determines is entitled to be a licensee under this Act, shall on that date continue under this Act, subject to such amendment of the term or any condition thereof, or of the boundaries of Crown Lands subject thereto, as the Minister, with the approval of the Lieutenant-Governor in Council, considers necessary, and subject to the requirement that the licensee enter into a forest management agreement with the Minister.

27(5)A person who on March 31, 1982 owns or operates a wood processing facility in the Province that had a recorded use of timber from Crown Lands on June 6, 1978, whose license is not continued pursuant to subsection (4), is, on March 31, 1982, upon compliance with the provisions of this Act and the regulations with respect to the issue of licenses, sub-licenses and permits, entitled to a Crown timber license, a Crown timber sub-license or a Crown timber permit, as may be determined by the Minister with the approval of the Lieutenant-Governor in Council.

27(6)Where any timber license continued under this Act pursuant to subsection (4) is held by way of security for borrowed money or other indebtedness, having been so transferred under the authority of section 19 of the Crown Lands Act, the license as continued shall be deemed to be the security for the borrowed money or other indebtedness as if originally given as security for the borrowed money or other indebtedness, notwithstanding that

27(7)The Minister may, with the approval of the Lieutenant-Governor in Council,

27(8)Any initial and annual renewal charges, fees and charges for forest protection, stumpage charges or royalties, and any other fees or charges owed to the Crown by a former licensee or holder of an agreement respecting the allocation or entitlement to timber for Crown Lands immediately prior to cancellation of a timber license or an agreement, remain as debts due to the Crown by the licensee or holder of the wood volume agreement, notwithstanding the cancellation.

29(1)A forest management agreement shall set out the responsibilities of the Minister and the licensee for the management and use of Crown Lands described therein on behalf of the licensee and sub-licensees and shall require the submission of

29(2)An industrial plan shall, for a ten year period, describe all aspects of the licensee’s wood processing facility, including

29(3)Every industrial plan, and every revision thereof, is subject to the approval of the Lieutenant-Governor in Council, and the Lieutenant-Governor in Council may withhold his approval until such alterations as he considers necessary have been made.

29(4)A management plan shall, for a twenty-five year period,

29(5)An operating plan shall, for a one-year period

29(6)A management plan and an operating plan shall

29(7)Every management plan and operating plan, and every revision thereof, is subject to the approval of the Minister, and the Minister may withhold his approval until such alterations as he considers necessary have been made.

29(7.1)The Minister, during the process of approving an operating plan under subsection (7), shall ensure that private woodlots are a source of wood supply consistent with the principles of

29(7.2)If, during the process of approving an operating plan of a licensee under subsection 29(7), the Minister determines that a licensee or any of its sub-licensees have, in the preceding year in relation to the wood used in a wood processing facility, failed to purchase ninety-eight per cent or more of the proportion identified to be used in any wood processing facility from private woodlots in the operating plan for that year, the Minister may amend the operating plan of that licensee for the subsequent year by reducing the volume of timber that may be taken by the licensee, or sub-licensee, or both, from Crown land in the subsequent year by a volume equal to the shortfall in volume of wood that should have been purchased from private woodlots in the previous year.

29(7.3)If the Minister is advised in writing of a breach of a contract with respect to the delivery schedule for wood between the owner of a private woodlot or the owner’s authorized agent and the owner of a wood processing facility who is also a licensee or sub-licensee, the Minister, after review of the allegation, may unilaterally amend the operating plan of that licensee to increase or decrease access to Crown Lands for timber for a period of time specified by the Minister in writing.

29(8)Where the licensee does not provide or revise, or in the opinion of the Minister is unable to provide or revise, a plan required by this section within a period specified by the Minister, the Minister may prepare or revise the plan, and the cost of preparing or revising the plan shall be a charge owing by the licensee to the Minister.

29(9)A forest management agreement shall be reviewed by the Minister and the licensee during the first six months following the expiration of each five year period of the agreement.

30(1)Subject to subsection (2), to the rights of a sub-licensee and to section 32, a Crown timber license authorizes the licensee to harvest all species of timber from Crown Lands described in the license for a period of twenty-five years in accordance with the forest management agreement, this Act and the regulations.

30(2)A licensee shall manage Crown Lands described in his license in accordance with the forest management agreement, this Act and the regulations.

31.1(1)On notice to a licensee, the Minister may carry out a forest operations compliance audit in order to audit the performance of the licensee in respect of the management of Crown Lands under licence.

31.1(2)A forest operations compliance audit shall be conducted in a manner and follow the procedure determined by the Minister.

31.1(3)On the demand of the Minister, the licensee or an employee or agent of the licensee shall

31.2(1)Following a forest operations compliance audit, the Minister shall deliver a forest audit report to the licensee

31.2(2)A licensee shall comply with a forest audit report within the time period, if any, set out in the report.

31.2(3)If the Minister determines that the licensee did not comply with the Act, the regulations, a forest management agreement or any other agreement made under this Act, a forest audit report may, in accordance with the regulations, require the licensee to submit a compliance action plan and to pay a penalty.

31.2(4)If a forest audit report requires a licensee to provide the Minister with a compliance action plan, the licensee shall provide to the Minister the compliance action plan containing the information prescribed by regulation.

31.2(5)A compliance action plan shall be provided to the Minister in the form and in the manner prescribed by regulation.

31.2(6)The Minister shall assess each compliance action plan received and determine whether the plan resolves the licensee’s non-compliance and, if the plan is deficient, to require the licensee to provide an appropriate compliance action plan that will have the effect of resolving the non-compliance.

31.2(7)A compliance action plan and every revision of a compliance action plan is subject to the approval of the Minister and the Minister may withhold his or her approval until any alterations the Minister considers necessary have been made.

31.2(8)Subject to the regulations, if the licensee refuses to provide or refuses or fails to satisfactorily implement a compliance action plan, the Minister may do any one or more of the following:

31.2(9)The Minister may publish a copy of the forest audit report or the compliance action plan in any manner the Minister considers appropriate.

31.2(10)A penalty imposed under a compliance action plan shall be calculated in accordance with the regulations and shall not be greater than

31.2(11)A licensee required to pay a penalty shall pay the penalty within the time period and in the manner prescribed by the regulations.

31.3(1)The Minister may designate any employee of the Minister to carry out a forest operations compliance audit or for the purposes of carrying out any other power or duty of the Minister referred to in section 31.1or 31.2.

31.3(2)A person purporting to exercise the powers or duties of the Minister under this section shall produce evidence of his or her authority to exercise that power or duty when required to do so.

31.4(1)There is established an appeal board to be known as the Forest Audit Appeal Board.

31.4(2)The Lieutenant-Governor in Council, on the recommendation of the Minister, shall appoint members to the appeal board, consisting of

31.4(3)If the Minister requests, the licensees and the sub-licensees shall, for the purposes of paragraph (2)(c), and within a reasonable period of time after the request, submit to the Minister 5 names of eligible candidates for the appeal board.

31.4(4)The chair and the vice-chair of the appeal board appointed under paragraphs (2)(a) and (b) and the persons appointed as members of the board under paragraph (2)(d) shall be appointed to the appeal board for a term of 2 years and may be reappointed.

31.4(5)No person shall be eligible for appointment as the chair or the vice-chair of the appeal board who is or has been, within 6 months before the appointment,

31.4(6)The members of the appeal board appointed under paragraph (2)(c) shall

31.4(7)The chair, vice-chair and members of the appeal board shall, in the opinion of the Minister, have specialized, expert or technical knowledge of the forest industry.

31.4(8)The vice-chair of the appeal board shall perform the duties and shall have the powers and jurisdiction of the chair of the appeal board during the absence or disability of the chair or at any time when so authorized by the chair and in those instances shall be deemed to be the chair.

31.4(9)The Minister may remove a member of an appeal board from office for cause or for any incapacity.

31.5(1)The Forest Audit Appeal Board shall hear appeals with respect to the findings of a forest audit report.

31.5(2)Any person directly affected by the findings of a forest audit report may appeal the findings of the report to the appeal board on the ground that an error has been made by the Minister in the preparation or content of the forest audit report or in the application of an arbitrary or unfair procedure in the making of the report.

31.5(3)The parties to an appeal under this section are the persons directly affected by the findings of a forest audit report, as determined by the Minister, and all other persons added by the Forest Audit Appeal Board as parties to the appeal.

31.5(4)A person referred to in subsection (2) who seeks to appeal the findings of a forest audit report shall file, in the manner and within the time period prescribed by regulation, a notice of appeal containing the information prescribed by regulation.

31.5(5)If a person referred to in subsection (2) appeals the findings of a forest audit report, the results of the audit shall be considered to be valid until the conclusion of the appeal process.

31.5(6)The Forest Audit Appeal Board shall hear, determine or deal with any matter appealed to it and may confirm, revoke or vary the decision of the Minister in respect of the findings of a forest audit report.

31.5(7)Every decision of the Forest Audit Appeal Board is final and may not be questioned or reviewed in any court.

31.6(1)Before proceeding to deal with any matter appealed, the Forest Audit Appeal Board shall require the person seeking to appeal the findings of the forest audit report to furnish the appeal board with security in a form satisfactory to the appeal board and in an amount and subject to the conditions prescribed by regulation.

31.6(2)After the completion of the appeal, if the board revokes or varies the findings of the forest audit report, the Forest Audit Appeal Board shall, as soon as reasonably possible, return the security to the appellant.

31.6(3)After the completion of the appeal, if the appeal board confirms the findings of the forest audit report, the Forest Audit Appeal Board shall, on 10 days’ notice to the appellant, realize upon the security.

33(1)A license does not confer on a licensee any right of possession of Crown Lands described in the license, or any right to the soil other than the right to enter upon and use the soil as is necessary for and incidental to the operations authorized under the license.

33(2)Subject to sections 32 and 42, a licensee is the owner of timber authorized to be harvested under his license when it is harvested by him or on his behalf.

33(3)Notwithstanding subsections (1) and (2), when timber is cut and removed from Crown Lands, or is damaged or destroyed, by a person who is not authorized by a Crown timber sub-license, a Crown timber permit or a Crown timber sale to do so, the licensee of the Crown Lands affected, as against such person and any other person except the Crown, shall be deemed to be

34(1)A licensee shall not,

34(2)Where, with the consent of the Minister, a licensee pledges, charges or assigns a license or otherwise uses it in any way as security for a debt, the licensee shall remain on the records of the Minister as the licensee and shall continue to be responsible for all obligations imposed under this Act and the regulations and in any agreement with the Minister.

34(3)The Minister shall not consent to the transfer of a license from one person to another until any fee prescribed by regulation is paid.

35(1)Notwithstanding section 30, where the Minister

35(2)Where the Minister acts under subsection (1) so that an area of Crown Lands is removed from a licence, any rights which a licensee or sub-licensee may have acquired under this Act to the unharvested timber on the Crown Lands are extinguished unless the Minister directs otherwise.

36(1)Where, in the opinion of the Minister, a licensee is in default of a provision of this Act, of the regulations or of any agreement made under this Act, or has not manufactured secondary wood products in a wood processing facility owned or operated by the licensee for a period in excess of twelve consecutive months, the Minister may

36(2)Where the Minister has suspended or cancelled a license under subsection (1), he may

36(3)Where a license is suspended or cancelled under subsection (1), the rights and obligations of a sub-licensee shall remain in force, but the Minister shall be deemed to stand in the place of the licensee whose license has been suspended or cancelled for the duration of the suspension or, if the license has been cancelled, until a new license has been issued or the Crown Lands described in the cancelled license have been reallocated among licensees.

38(1)Subject to subsection (2) and to the Forest Fires Act, a licensee is responsible for all expenses of forest management on Crown Lands described in his license.

38(2)The Minister

40(1)Upon the request of the Minister, a licensee shall at his own expense provide the Minister with a copy of, and shall prepare if necessary, a current management plan and a current operating plan for freehold land owned or controlled by the licensee, such plans to be prepared in the same form as, and to contain comparable information to that set out in, management and operating plans prepared for Crown Lands.

40(2)Upon request, a licensee shall permit the Minister at any time to examine any books of account, statements, documents, surveys, timber cruises, maps, plans or other papers or records of a licensee which in any way relate to the operations of the licensee on Crown Lands.

41(1)The Minister may, with the approval of the Lieutenant-Governor in Council, authorize the issue of a Crown timber sub-license to a person who

41(2)An industrial plan shall, for a ten year period, describe those aspects of the sub-licensee’s wood processing facility referred to in subsection 29(2) and shall be revised and brought up to date every five years, in a manner satisfactory to the Lieutenant-Governor in Council.

41(3)A Crown timber sub-license

41(4)Upon the direction of the Minister, a licensee shall

41(5)A Crown timber sub-license issued by a licensee shall not be valid until countersigned by the Minister.

41(6)A sub-licensee shall co-operate with the licensee by whom he was issued his sub-license in the preparation and revision of the operating and management plans referred to in section 29, and shall provide the licensee, or the Minister, as the case may be, with sufficient information to allow for the preparation and revision of those plans.

43(1)A sub-licensee shall not

43(2)Where, with the consent of the Minister, a sub-licensee pledges, charges, or assigns a sub-license or otherwise uses it in any way as security for a debt, the sub-licensee shall remain on the records of the Minister as the sub-licensee and shall continue to be responsible for all obligations imposed under this Act and the regulations.

43(3)The Minister shall not consent to the transfer of a sub-license from one person to another until any fee prescribed by regulation is paid.

49(1)The Minister may issue a Crown timber permit to a person who

49(2)An industrial plan shall, for a ten year period, describe those aspects of the permittee’s wood processing facility referred to in subsection 29(2) and shall be revised and brought up to date every five years in a manner satisfactory to the Lieutenant-Governor in Council.

49(3)A Crown timber permit

50(1)The Minister shall

50(2)For each area designated under paragraph (1)(a), the Minister shall, in consultation with permittees in that area, prepare a five year operating plan, which shall be revised and brought up to date annually.

50(3)A management plan and an operating plan prepared under subsections (1) and (2) shall be prepared in the same form as, and contain comparable information to that set out in, management and operating plans prepared pursuant to section 29.

50(4)A permittee shall co-operate with the Minister in the preparation and revision of operating and management plans under this section and shall provide the Minister with sufficient information to allow for the preparation and revision of those plans.

52(1)A permittee shall not

52(2)Where, with the consent of the Minister, a permittee pledges, charges, or assigns a permit or otherwise uses it in any way as security for a debt, the permittee shall remain on the records of the Minister as the permittee and shall continue to be responsible for all obligations imposed under this Act and the regulations.

53(1)On or before the last day of April in each year, a permittee shall provide the Minister with a statement setting out

53(2)On or before the last day of June in each year, the Minister shall prepare for each area defined under paragraph 50(1)(a) a cumulative report based on the statements provided under subsection (1) by permittees in that area.

53(3)Upon the request of the Minister, a permittee shall at his own expense provide the Minister with a copy of, and prepare if necessary, a current management plan and a current operating plan for freehold lands owned or controlled by the permittee, such plans to be prepared in the same form as, and to contain comparable information to that set out in, management and operating plans prepared for Crown Lands.

55.1(1)Every

55.1(2)Wind test data provided to the Minister under section 26.01 is confidential and is not subject to disclosure until five years after the wind test data was provided to the Minister.

55.1(3)Notwithstanding subsection (2), the Minister may disclose any wind test data provided to the Minister under section 26.01 to another Minister of the Crown, but any wind test data communicated to another Minister of the Crown under this subsection shall be subject to the same confidentiality and disclosure requirements to which it was subject when provided to the Minister.

55.1(4)If this section is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, this section prevails.

56(1)The Minister may sell timber or the right to cut timber on Crown Lands to a person who

56(2)Upon payment of the sale price and upon complying with such terms and conditions as the Minister prescribes, a purchaser under a Crown timber sale is entitled to such timber from such Crown Lands as is authorized thereby, if harvested or taken possession of prior to such date as is prescribed by the Minister as a term of the sale.

56(3)Where, in the opinion of the Minister, a holder of a right granted under subsection (1) is in violation of a provision of this Act, of the regulations or the terms and conditions prescribed by the Minister, the Minister may

56.01(1)In this section, “administered Act” means

56.01(2)If an individual who is convicted of an offence created by an administered Act or the regulations under an administered Act fails to pay within the required time the full amount of the fine imposed for the offence, the Minister shall not sell timber or the right to cut timber on Crown Lands to that individual under subsection 56(1) until the individual pays the full amount of the fine.

56.01(3)Despite subsection (2), if an individual is convicted of an offence under subsection 67(1), the Minister shall not sell timber or the right to cut timber on Crown Lands to that individual under subsection 56(1) until the later of the following:

56.41(1)If a forest service officer is authorized to act under section 56.4 because of the remoteness of the Crown Lands, the forest service officer may seize timber which he or she discovers in plain view if he or she has reasonable and probable grounds to believe that an offence under this Act or the regulations has been committed in respect of the timber.

56.41(2)If a forest service officer is authorized to act under section 56.4 because of the remoteness of the Crown Lands, the forest service officer may seize any vehicle, equipment or other property not belonging to the Crown which he or she discovers in plain view if

56.41(3)A forest service officer acting under the immediate supervision of a conservation officer may seize anything which the forest service officer discovers in plain view in respect of which he or she has reasonable and probable grounds to believe an offence this Act or the regulations has been committed.

56.41(4)When a conservation officer is carrying out a lawful search under this Act or the Provincial Offences Procedure Act, a forest service officer while accompanied by and acting under the immediate supervision of the conservation officer may, on the direction of the conservation officer, assist him or her in carrying out the search and any seizure that may result from the search.

56.5(1)In this section

56.5(2)A conservation officer may, in the course of conducting a lawful search in respect of an offence under this Act or the regulations,

56.5(3)If a conservation officer finds timber from Crown Lands in respect of which he or she has reasonable and probable grounds to believe an offence under this Act or the regulations has been committed and the timber is mixed with timber from land other than Crown Lands or with timber authorized to be harvested on Crown Lands, he or she may seize all or any of the timber.

56.5(4)Where a conservation officer in the course of conducting a lawful search in respect of an offence under this Act or the regulations seizes timber or other property belonging to the Crown or any equipment or vehicle that will afford evidence of the commission of the offence, he or she shall

56.5(5)If any equipment, vehicle, timber or other property not belonging to the Crown has been seized by a conservation officer and will not be retained for evidentiary purposes or will not be the subject of an application for an order of forfeiture, the Minister may authorize the conservation officer to return the thing seized to a person with a property interest in it.

56.5(6)If any equipment, vehicle, timber or other property not belonging to the Crown has been seized by a conservation officer and not returned under subsection (5), a person with a property interest in the thing seized may, after giving the prosecutor 14 days’ notice in writing of the person’s intention of doing so, apply to a judge for the return of the thing seized.

56.5(7)Where an application under subsection (6) has been heard, the judge may order the return of the thing seized to the person who made the application and may require the person to post or deposit with the court a bond or other security in such amount as the judge considers appropriate.

56.5(8)Where the judge under subsection (7) orders the return of the thing seized, the conservation officer shall return it as soon thereafter as is practicable to the person who made the application.

56.5(9)Where a person is convicted of a violation of this Act or the regulations,

56.5(9.1)Upon the making of an order under paragraph(9)(b), the bond or other security, or the thing seized under this Act or the Provincial Offences Procedure Act, is forfeited to the Minister and the Minister may, not sooner than thirty days after the date of the conviction, realize upon the bond or other security or dispose of the thing by public auction or in such manner and at such time as the Minister sees fit.

56.5(10)If any equipment, vehicle, timber or other property not belonging to the Crown has been seized by a conservation officer, the conservation officer shall return the thing seized to the owner or the person in possession of the thing seized at the time of the seizure

56.5(10.1)If the amount of the costs and expenses referred to in paragraph (10)(c) has not been paid within 30 days after the final disposition of the charge, the Minister may dispose of the thing seized in such manner and at such time as he or she sees fit.

56.5(10.2)If the owner proves to the satisfaction of the Minister that, at the time of the seizure, the thing had been taken or was being used without the owner’s consent, the Minister may

56.5(10.3)For the purposes of the recovery of the amount of the costs and expenses under subsection (10.2), the amount becomes a debt due to the Crown by the person convicted of the offence.

56.5(10.4) The Minister may prepare and file with the clerk of The Court of King’s Bench of New Brunswick a certificate certifying the amount of the costs and expenses that the person convicted of the offence is required to pay.

56.5(10.5) A certificate filed with the clerk of The Court of King’s Bench of New Brunswick under subsection (10.4) has the same force and effect as if it were a judgment of the Court for the recovery of a debt in the amount specified in the certificate.

56.5(10.6)All reasonable costs and charges attendant upon the preparation and filing of a certificate under subsection (10.4) may be recovered as if the amount had been included in the certificate.

56.5(10.7)If the person convicted of an offence under this Act or the regulations relating to the thing seized is not the owner and the owner pays the amount of the costs and expenses referred to in paragraph (10)(c), the owner may, by action in a court of competent jurisdiction, recover the amount from that person.

56.5(10.71)The Minister is not responsible for maintaining or servicing or having maintained or serviced any equipment, vehicle or other property seized under this section while it is held in custody but, upon application in writing by any of the following persons, the Minister may authorize the person to maintain or service or to have maintained or serviced the equipment, vehicle or other property while it is held in custody:

56.5(10.8)The Crown, the Minister, the conservation officer or any person assisting the conservation officer is not liable, without negligence, for any loss, including economic loss, or damage suffered by any person as a result of

56.5(10.9)The Crown, the Minister, the conservation officer or any person assisting the conservation officer is not liable for any deterioration, diminution or other devaluation of the thing seized under this section.

56.5(11)In a prosecution with respect to an offence under this Act or the regulations, where it is established by the Crown that the land on which the accused was on, or upon which an act was proved to have been done by the accused is shown on the records and plans on file in the office of the Minister as Crown Lands, the accused shall, in the absence of evidence to the contrary, be deemed to have been on, or to have done the act proved to have been done by the accused upon, Crown Lands.

58(1)Every person who harvests or takes possession of timber on Crown Lands under a license, sub-license or permit, shall pay to the Crown a royalty for the timber harvested and such other charges as may be prescribed by regulation.

58(2)A sub-licensee shall remit his royalty to the Crown through the licensee by whom his sub-license was issued.

59(1)The royalty for each class of timber shall be the sum of the following amounts:

59(2)The amount referred to in paragraph (1)(a) shall be reviewed annually.

59(3)Notwithstanding subsection (1), where, in the opinion of the Minister, it is necessary for the development, utilization, protection or integrated management of the resources of Crown Lands, he may reduce the royalty for any class of timber by an amount not exceeding seventy-five per cent of the royalty payable under subsection (1).

61(1)A lien in favour of the Minister attaches to all timber harvested on Crown Lands, when harvested, and continues until all royalties, sale price, charges and interest thereon in respect of the timber have been paid.

61(2)A lien arising pursuant to subsection (1) does not require registration or filing and attaches to any processed wood into which timber that is subject to the lien may be converted.

61(3)A lien under this section has priority over every charge, pledge, claim, lien, privilege or other encumbrance in respect of such timber or processed wood in favour of any other person, whether arising before or after a lien arises under this section.

61(4)Notwithstanding subsection (3), where a third party, for value, in good faith and without advice of a lien, has acquired any interest in timber or processed wood harvested on Crown Lands, the lien arising in favour of the Minister under subsection (1) is subject to such interest.

62(1)Any mortgagee, judgment creditor or other person having any claim, lien, privilege or other encumbrance upon or against any timber or processed wood to which a lien attaches under section 61

62(2)Where the timber or processed wood to which a lien has attached under section 61 is sold under any order of foreclosure, sale or execution or under any other legal process otherwise than by the Crown to satisfy its lien, the amount of the lien under section 61 constitutes a first charge on the proceeds of the sale, and title thereof does not pass to the purchaser until the lien is satisfied.

63(1)Where any timber or processed wood to which a lien attaches pursuant to section 61

63(2)Notwithstanding subsection (1), where timber or processed wood to which a lien attaches has been seized pursuant to a lawful process, a person who initiated the seizure without notice of the lien under section 61 is entitled to recover from the Crown taxable costs of the seizure up to the time he or she received notice under subsection (1), in the event the timber or processed wood is delivered to the Minister under subsection (1).

64(1)Where there are unpaid royalties, sale price, charges or interest in respect of timber that has been harvested on Crown Lands the Minister may

64(2)Timber and processed wood seized under subsection (1) may be sold by the Minister in whole or in part at public auction.

64(3)The Minister shall give

64(4)The Minister shall advertise at least once in a daily newspaper having a general circulation in the locality in which the public auction will be held, not later than seven days prior to the date of the public auction, the time and place of the public auction and the quantities of timber and processed wood to be sold.

64(5)Any person who has a lien, charge or other encumbrance on timber or processed wood seized pursuant to paragraph 64(1)(b) arising prior to the seizure may notify the Minister in writing of his encumbrance prior to the sale, in which case proceeds of the sale shall be used first to satisfy such encumbrance, subject only to the recovery of costs of the seizure and sale by the Minister.

64(6)The Minister shall not sell under this section any timber or processed wood seized pursuant to paragraph 64(1)(b) of which he has had prior notice in writing that the timber or processed wood is owned by a person other than the person who owes unpaid royalties, sale price, charges or interest, but for the purposes of this section a person who has an interest in the timber or processed wood by way of security only shall not be construed to be an owner.

64(7)Any money realized from the sale at public auction of the timber or processed wood and remaining after deducting

64(8)The Minister may authorize a conservation officer to seize timber and processed wood pursuant to this section.

66(1)No person shall obstruct, cause to be obstructed or incite others to obstruct a conservation officer or a forest service officer in the exercise of his or her authority under this Act, or any person assisting him or her.

66(2)A person who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.

67(1)Except as authorized under this or any other Act or a regulation under this or any other Act, or by the Minister, no person shall

67(2)A person who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.

67(2.1)Notwithstanding subsection 56(8) of the Provincial Offences Procedure Act, and subject to subsection (2.2), the minimum fine that may be imposed by a judge under that Act in respect of a violation under subsection (1) shall be one thousand dollars.

67(2.2)Where a judge is satisfied that an offence under subsection (1) was committed for financial advantage, the minimum fine that may be imposed by the judge under the Provincial Offences Procedure Act in respect of a violation under subsection (1) shall be ten thousand dollars.

67.01(1)A judge who imposes a fine on a person under section 67 may, in addition to any other penalty provided by law, make an order prohibiting the person from entering upon or being upon Crown Lands or on any part of Crown Lands for such period of time as the judge considers appropriate.

67.01(2)A person who violates or fails to comply with an order under subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.

67.02(1)Subject to subsection (2), where a person is convicted of an offence under subsection 67(1), the Minister shall not sell timber or the right to cut timber on Crown Lands under subsection 56(1) to the person for a period of one year after the date of the conviction.

67.02(2)Where a person is fined five thousand dollars or more in respect of an offence under subsection 67(1), the Minister shall not sell timber or the right to cut timber on Crown Lands under subsection 56(1) to the person for a period of five years after the date of the conviction.

67.02(3)Where the Minister is prohibited from selling timber or the right to cut timber on Crown Lands to a person under subsection (1) or (2) and the person is convicted of any offence under this Act or the regulations during the period described in subsection (1) or (2), as the case may be, the period during which the Minister shall not sell timber or the right to cut timber on Crown Lands under subsection 56(1) to the person is extended

67.02(4)Where ten years have elapsed from the date of the second conviction of a person referred to in paragraph (3)(b), the person may apply to the Minister requesting a review of the circumstances of the case, and the Minister may, on receipt of the application, review the circumstances of the case and remove the bar imposed by paragraph (3)(b).

67.1(1)The Minister may designate persons as qualified technicians for the purposes of this section.

67.1(2)Subject to subsections (3) and (4), a certificate of a qualified technician stating that the qualified technician has, in accordance with a method prescribed by regulation, analyzed or examined timber and stating the result of the qualified technician’s analysis or examination is admissible in evidence in a prosecution with respect to an offence under this Act or the regulations and in the absence of evidence to the contrary is proof of the statements contained in the certificate without proof of the appointment, authority or signature of the person purporting to have signed the certificate.

67.1(3)The party against whom a certificate of a qualified technician is produced under subsection (2) may, with leave of the court, require the attendance of the qualified technician for purposes of cross-examination.

67.1(4)A certificate shall not be received in evidence under subsection (2) unless the party intending to produce it has given reasonable notice of the intention, together with a copy of the certificate, to the party against whom it is intended to be produced.

68(1)It is a condition of every license, sub-license, permit and Crown timber sale issued under this Act that timber harvested from Crown Lands shall not be manufactured into forest products outside New Brunswick or exported from New Brunswick for any other use.

68(2)Notwithstanding subsection (1), the Minister, with the approval of the Lieutenant-Governor in Council, may for a specified lot of timber exempt any licensee, sub-licensee, permittee or purchaser under a Crown timber sale from the condition imposed under subsection (1).

68(3)Where any timber is used in breach of the condition imposed under subsection (1) and the Minister is satisfied on reasonable grounds that a licensee, sub-licensee, permittee or purchaser under a Crown timber sale under whose entitlement the timber was harvested has contributed to that use and knew, or ought reasonably to have known, that such use would be made of the timber, the Minister may

69(1)Subject to the approval of the Lieutenant-Governor in Council, the Minister shall establish an Advisory Board to advise the Minister on

69(2)Members of the Advisory Board are entitled to remuneration and to reimbursement of expenses in accordance with the regulations.

69(3)The Minister may, for the purposes of paragraphs (1)(a) and (b), establish such committees of the Advisory Board as he considers appropriate.

70(1)The Minister may issue an order requiring any person who has entered upon, or who he has reasonable grounds to believe is about to enter upon, Crown Lands otherwise than under the authority of this or any other Act or under the authority of the Minister, to cease and desist trespassing on Crown Lands.

70(3)Where a person fails or refuses to comply with an order of the Minister issued under subsection (1), the Minister may apply ex parte to a court of competent jurisdiction for a warrant directing a sheriff to take such steps as are necessary to remove the trespasser, to bar his entry upon Crown Lands and to enable the Minister to recover possession of any Crown Lands occupied by the trespasser.

70(4)The court shall, in writing, appoint a time and place for the hearing of the application and may direct that a copy of the application be served on such person and in such manner as it prescribes.

70(5)The court shall hold a hearing into the application and upon being satisfied that there has been a failure to comply with an order under subsection (1) may issue a warrant directing the sheriff to take such steps as are necessary to enable the Minister to remove the trespasser, to bar his entry upon Crown Lands and to enable the Minister to recover possession of any Crown Lands occupied by the trespasser.

70(6)The Sheriff shall forthwith execute the warrant and make a return of the execution thereof to the court.

70(7)A person who violates or fails to comply with an order of the Minister issued under subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.

70(8)If an offence under this section continues for more than one day,

71(1) Otherwise than under the authority of this or any other Act or under the authority of the Minister, no person shall

71(2)A person who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.

71(3)In addition to a penalty imposed under subsection (2), the court may order any person convicted of an offence under this section to restore the Crown Lands to a condition as nearly as practicable as they were before the offence was committed.

71(4)If an offence under this section continues for more than one day,

71(5)In a prosecution with respect to an offence under this section, if it is alleged that an act that the accused is proven to have done was done on Crown Lands, as shown on the records and plans on file in the office of the Minister, the accused shall, in the absence of evidence to the contrary, be deemed to have done the act on Crown Lands.

71.1(1)If the Minister is of the opinion that a person has failed or refused to comply with subsection 24(1.1), 25(3), 26(6) or 71(1), the Minister may

71.1(2)An order to comply referred to in paragraph (1)(a) may require the person to whom it is directed

71.1(3)An order to comply shall

71.1(4)The Minister shall give notice of the order to comply to the person to whom the order is directed

71.1(5)A notice given under paragraph (4)(b) shall be deemed to have been received by the person to whom the order is directed 10 days after the date the letter was sent.

71.1(6)A notice given under paragraph (4)(c) shall be deemed to have been received by the person to whom the order is directed on the day the publication and posting periods referred to in that paragraph have expired.

71.1(7)A person to whom an order to comply is directed shall comply with the order within the time period specified in the order.

71.1(8)No action shall be taken by the Minister to effect compliance with or to carry out an order to comply until the expiry of the period referred to in subsection (7).

71.1(9)The Minister may

71.1(10)A person who violates or fails to comply with the order commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.

71.1(11)If an offence under this section continues for more than one day,

71.1(12)In a prosecution with respect to an offence under this section, if it is alleged that an act that the accused is proven to have done was done on Crown Lands, as shown on the records and plans on file in the office of the Minister, the accused shall, in the absence of evidence to the contrary, be deemed to have done the act on Crown Lands.

71.2(1)If a person to whom an order to comply is directed fails or refuses to comply in whole or in part with the order, in the time period set out in the order, the Minister may enter on the Crown Lands, together with such persons, materials and equipment as the Minister considers necessary, using the force the Minister considers necessary, and may take such further action the Minister considers necessary to effect compliance with or to carry out the order.

71.2(2)Without limiting the generality of subsection (1), the Minister may take any one or more of the following actions to effect compliance with or to carry out an order to comply:

71.2(3)If the Minister takes possession of any property or thing referred to in subsection 71(1), the property or thing, despite section 56.5, becomes the property of the Crown and the Minister may dispose of it in the manner and at the time the Minister sees fit.

71.2(4)Before the disposal of any property or thing referred to in subsection 71(1) under an order to comply in respect of which notice is given under paragraph 71.1(4)(c), the Minister shall publish a notice of intention to dispose of the property or thing at least one month before the date of the disposition in at least one publication having general circulation in the area in which the Crown Lands to which the order relates are situated.

71.2(5)On written demand of the Minister, any cost, expense, loss, damages or charge incurred by the Minister while acting to effect compliance with or carrying out an order to comply shall be the liability of and paid by the person who failed or refused to comply with the order.

71.2(6)If more than one person has failed or refused to comply with an order to comply, those persons are jointly and severally liable.

71.2(7)If any cost, expense, loss, damages or charge referred to in subsection (5) becomes a debt due to the Crown, the Minister may prepare and file with the clerk of The Court of King’s Bench of New Brunswick a certificate certifying the amount of the costs, expenses, loss, damages or charges that the person is required to pay.

71.2(8)A certificate filed with the clerk of The Court of King’s Bench of New Brunswick has the same force and effect as if it were a judgment of The Court of King’s Bench of New Brunswick for the recovery of a debt in the amount specified in the certificate.

71.2(9)All reasonable costs and charges attendant on the preparation and filing of a certificate may be recovered as if the amount had been included in the certificate.

71.2(10)From the date on which an amount owed to the Crown under this section is required to be paid, the amount bears interest at the rate prescribed by regulation.

71.4(1)If the Minister is satisfied that failure to act immediately would constitute a danger to public safety, public health or the environment, the Minister may, without legal process and notwithstanding section 71.1, enter on Crown Lands, together with such persons, materials and equipment as the Minister considers necessary, using the force the Minister considers necessary, and may take such further action the Minister considers necessary to eliminate or reduce the danger to public safety, public health or the environment.

71.4(2)The Minister may recover from the person responsible for the danger to public safety, public health or the environment the cost of any destruction, disposal or other action taken by the Minister to eliminate or reduce the danger to public safety, public health or the environment.

71.5(1)If, in the Minister’s opinion, posting of Crown Lands is required in order to protect public safety, public health or the environment, the Minister may cause to be posted or erected on the Crown Lands signs or notices prohibiting, controlling or governing any use or activity on Crown Lands.

71.5(2)No person, without lawful authority, shall

71.5(3)Paragraph (2)(a) does not apply to

71.5(4)A person who violates or fails to comply with subsection (2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

71.5(5) In a prosecution for an offence under this section,

75(1)Where the Minister proposes to carry out an aerial or ground spray operation on private lands against insects or disease, the owner thereof may request the Minister to exclude the land from such operation.

75(2)The request referred to in subsection (1)

75(3)Upon receipt of the request referred to in subsection (1), the Minister and his agents shall take all reasonable steps to ensure compliance with the request.

79(1)The Minister may close a forest road or any portion thereof to travel by any class of vehicle or by any person or class of persons for all or any part of the year.

79(2)Where the Minister closes a forest road or portion thereof to travel he shall post or erect signs and barricades to indicate that the road or portion thereof has been closed to travel.

80(1)No person, without lawful authority, shall

80(2)A person who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

80(3)In a prosecution for an offence under this section,