Acts and Regulations

C-38.1 - Crown Lands and Forests Act

Full text
Current to 1 January 2024
CHAPTER C-38.1
Crown Lands and Forests Act
Assented to July 16, 1980
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Definitions
1In this Act
“conservation officer” means a conservation officer referred to in subsection 5.1(1), (2) or (4); (agent de conservation)
“conveyance” , when used as a noun, means the transfer, other than by way of a grant, of Crown Lands from the Crown to a person, and “convey”, when used as a verb, means to transfer, other than by way of a grant, an interest in Crown Lands;(transfert)
“Crown” means the Crown in right of the Province;(Couronne)
“Crown Lands” means all or any part of the lands vested in the Crown that are under the administration and control of the Minister and includes any water upon or under the surface of such lands;(terres de la Couronne)
Crown Lands Act means the Crown Lands Act, chapter C-38 of the Revised Statutes, 1973;(Loi sur les terres de la Couronne)
“Crown timber license” and “license” means a Crown timber license issued under section 28, and includes a timber license continued as a Crown timber license under subsection 27(4);(permis de coupe sur les terres de la Couronne)(permis)
“Crown timber sub-license” and “sub-license” means a Crown timber sub-license issued under section 41;(sous-permis de coupe sur les terres de la Couronne)(sous-permis)
“Crown timber permit” or “permit” means a Crown timber permit issued under section 49;(autorisation de coupe sur les terres de la Couronne)(autorisation)
“Crown timber sale” or “sale” means a sale of timber or the right to cut timber under subsection 56(1);(vente de bois de la Couronne)(vente)
“Department” means the Department of Natural Resources and Energy Development;(ministère)
“firearm” means a firearm as defined in the Fish and Wildlife Act;(arme à feu)
“forest management agreement” means an agreement described in subsection 29(1);(entente d’aménagement forestier)
“forest operations compliance audit” means a forest operations compliance audit referred to in section 31.1;(vérification de la conformité des opérations forestières)
“forest road” means a road on Crown Lands to the fullest extent of the right-of-way of such road and includes the bridges thereon but does not include a highway as defined in the Highway Act, or a logging road;(chemin de forêt)
“forest service officer” means a person appointed pursuant to subsection 5(1);(agent du service forestier)
“freehold lands” and “private lands” means lands other than Crown Lands and other lands vested in the Crown;(tenures libres)(terres privées)
“grant” , when used as a noun, means the initial transfer of Crown Lands from the Crown to a person, and, when used as a verb, means to transfer an interest in Crown Lands;(concession)
“licence of occupation” means a licence of occupation issued under section 26 of the Act;(permis d’occupation)
“licensee” means the holder of a Crown timber license;(titulaire d’un permis)
“logging road” means a temporary road within a timber harvesting area on Crown Lands to the fullest extent of the right-of-way, built solely for the extraction of timber, and includes a landing and other works associated with the harvesting operation;(chemin forestier)
“Minister” means the Minister of Natural Resources and Energy Development and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“normal high water mark” means the visible high water mark of a lake or river where the presence and action of water are so usual and so long continued in ordinary years as to mark upon the bed of the lake or river a character distinct from that of the bank thereof with respect to vegetation and the nature of the soil itself;(limite normale des hautes eaux)
“permittee” means the holder of a Crown timber permit;(titulaire d’une autorisation)
“possession” includes the right of control or disposal of any article, irrespective of the actual possession or location of such article; (possession)
“private woodlot” means a private woodlot as defined in the Forest Products Act;(terrain boisé privé)
“processed wood” means secondary wood products manufactured from timber in a wood processing facility;(bois transformé)
“Producer Association” means a Producer Association under the Forest Products Act;(association de producteurs)
“proportional supply” means equitable sharing among the sources of wood supply identified in paragraph 29(5)(b) based on historic market share of supply to a wood processing facility;(approvisionnement proportionnel)
“registered professional forester” means a Registered Professional Forester under The New Brunswick Foresters Act, 1958, chapter 66 of the Acts of New Brunswick, 1958;(forestier professionnel agréé)
“reserved road” means a parcel of land between or within granted lands reserved by the Crown as the right-of-way for access to and egress from other granted lands or Crown Lands, whether or not a road has been constructed thereon, and includes a portage road or a tote road;(chemin réservé)
“royalty” means the amount prescribed by regulation that is payable to the Crown(redevance)
(a) for timber harvested on Crown lands, or
(b) for any other resource prescribed by regulation that is extracted, harvested or taken from Crown Lands;
“seizing officer” Repealed: 1986, c.27, s.1
“sub-licensee” means the holder of a Crown timber sub-license;(titulaire d’un sous-permis)
“surveyor” means a person who is registered under the New Brunswick Land Surveyors Act, 1986 to practise land surveying in the Province;(arpenteur)
“surveyor of record” means the surveyor who carries out the survey;(arpenteur officiel)
“timber” means all trees of any species or size whether standing, fallen, cut or extracted;(bois)
“timber license” means a timber license within the meaning of the Crown Lands Act;(permis de coupe)
“vehicle” means a means of conveyance of any kind used on land and includes any accessory attached to the vehicle; (véhicule)
“wood processing facility” means a mill in which timber is manufactured into secondary wood products.(établissement de transformation du bois)
1983, c.24, s.1; 1986, c.8, s.26; 1986, c.27, s.1; 1987, c.15, s.1; 1992, c.26, s.1; 1994, c.12, s.1; 1996, c.14, s.1; 2001, c.40, s.1; 2004, c.20, s.15; 2005, c.1, s.1; 2006, c.9, s.1; 2009, c.23, s.1; 2011, c.9, s.1; 2013, c.39, s.1; 2016, c.37, s.44; 2019, c.29, s.170; 2023, c.17, s.55
Possession
1.1For the purposes of this Act,
(a) a person has anything in possession when he or she has it in his or her personal possession or knowingly
(i) has it in the actual possession or custody of another person; or
(ii) has it in any place, whether or not that place belongs to or is occupied by him or her, for the use or benefit of himself or herself or of another person; and
(b) where one of two or more persons, with the knowledge and consent of the other or others, has anything in his or her custody or possession, it shall be deemed to be in the custody and possession of each and all of them.
1996, c.14, s.2
GENERAL ADMINISTRATION
Administration of Act
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.
Responsibility of Minister
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
(a) access to and travel on Crown Lands,
(b) harvesting and renewal of timber resources on Crown Lands,
(c) habitat for the maintenance of fish and wildlife populations,
(d) forest recreation on Crown Lands,
(e) rehabilitation of Crown Lands, and
(f) other matters that may be assigned under this Act or the regulations.
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.
1983, c.24, s.2; 1986, c.27, s.2; 1992, c.26, s.2
Agreements with Canada, provincial government
4The Minister, with the approval of the Lieutenant-Governor in Council, may enter into agreements with the following persons or bodies for any purpose related to this Act or the regulations:
(a) the government of Canada or of another province, territory or jurisdiction;
(b) a department, agency, or body under the jurisdiction of the government of Canada or of another province, territory or jurisdiction;
(c) a band council as defined in the Indian Act (Canada);
(d) a local government; or
(e) any person or group of persons.
2007, c.11, s.1; 2017, c.20, s.49
Appointment and powers of forest service officer
5(1)The Minister may appoint the following persons to be forest service officers for the purposes of this Act and the regulations:
(a) persons employed within the Department; and
(b) other persons considered by the Minister to be suitable.
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.
1983, c.24, s.3; 1986, c.27, s.3; 2013, c.39, s.2
Conservation officers
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:
(a) persons employed within the Department; and
(b) other persons considered by the Minister to be suitable.
5.1(2)The following persons are conservation officers by virtue of their office:
(a) members of the Royal Canadian Mounted Police;
(b) police officers appointed under the Police Act;
(c) fishery officers designated under the Fisheries Act (Canada);
(d) members of the Canadian Forces while engaged in lawful military police duties;
(e) game officers designated under the Migratory Birds Convention Act, 1994 (Canada); and
(f) off-road vehicle enforcement officers appointed under the Off-Road Vehicle Act.
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.
2013, c.39, s.3
Seal of Minister
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.
Repealed
7Repealed: 1986, c.27, s.4
1986, c.27, s.4
Classes of Crown Lands
8The Minister may prescribe classes of Crown Lands and, notwithstanding the Community Planning Act, may prescribe the manner in which Crown Lands of any class shall be used.
SURVEYS
Records and plans 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.
Repealed
10Repealed: 1994, c.12, s.2
1994, c.12, s.2
Submission of plan of survey to the Minister
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.
1994, c.12, s.3
Offences and penalties
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(4)Repealed: 1983, c.24, s.4
1983, c.24, s.4; 1990, c.61, s.30
Demarcation of legal boundaries
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.
1987, c.15, s.2; 2013, c.39, s.4
ALIENATION AND ACQUISITION OF LAND
Grant of Crown Lands
13The Minister, with the approval of the Lieutenant-Governor in Council, may issue a grant of Crown Lands
(a) to a person who purchases Crown Lands at a public auction,
(b) to a board, commission or corporation that is an agent of the Crown and has authority to hold land in its own name,
(c) to a local government,
(d) Repealed: 2001, c.14, s.1
(e) to a person, as all or part of the consideration in exchange of Crown Lands for freehold lands, and
(f) to an approved settler who has completed the requirements established under the Crown Lands Act to earn a grant.
1983, c.24, s.5; 2001, c.14, s.1; 2005, c.7, s.19; 2017, c.20, s.49
Grant of Crown Lands – possessory title
13.1The Minister may issue a grant of Crown Lands to a person who claims Crown Lands by possessory title, upon presentation by that person of satisfactory proof of sufficient possession.
2001, c.14, s.1
Identical grants signed
14Two identical grants shall be signed by the Minister and sealed under the Great Seal of the Province, one of which is to be kept in the office of the Minister and the other is to be delivered to the grantee.
Reservations respecting grants bordering river or lake
15Where the Minister grants or conveys Crown Lands which border on or are divided by a river or a lake, the grant or conveyance shall reserve
(a) the bed of the river or lake below the normal high water mark,
(b) all rights of fishing and fishery, and
(c) a right-of-way, ten metres in width measured horizontally from the normal high water mark, along the bank of the river or lake for the general public to freely pass and repass on foot.
1983, c.24, s.6
Order discontinuing ownership
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
(a) any right, title or interest in or to the bed of the river or lake below the normal high water mark, or
(b) the rights of fishing and fishery,
and any right or interest in the land is subject to a right in the general public to freely pass and repass on foot along the bank within a distance of ten metres measured horizontally from the normal high water mark of such river or lake.
1983, c.24, s.7; 1986, c.27, s.5; 2001, c.14, s.1
Grant or convenance of land referred to in section 16
16.1Notwithstanding section 16, the Minister may grant or convey all or a part of a strip or portion of the land referred to in section 16 to a person.
1986, c.27, s.6; 2001, c.14, s.1
Offence and penalty respecting barriers and obstacles
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.
1990, c.61, s.30
Grant of rectification
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.
1983, c.24, s.8
Acquisition of lands by Minister
19With the approval of the Lieutenant-Governor in Council, the Minister may acquire by purchase or gift lands in the Province on behalf of the Crown, in which event the lands acquired shall be vested in the Crown in right of the Province under the administration and control of the Minister.
Acquisition of interest in lands by Minister
19.1With the approval of the Lieutenant-Governor in Council, the Minister may acquire an interest in the lands of any person.
1984, c.21, s.1
Exchange of Crown Lands by Minister for freehold lands
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.
Conveyance of Crown Lands
21With the approval of the Lieutenant-Governor in Council, the Minister may convey Crown Lands acquired under this or any other Act
(a) to a person who purchases the lands at a public auction,
(b) to a board, commission or corporation that is an agent of the Crown and has authority to hold land in its own name,
(b.1) Repealed: 2001, c.14, s.1
(c) to a local government; or
(d) to a person, as all or part of the consideration in an exchange of lands.
1983, c.24, s.9; 1994, c.12, s.4; 2001, c.14, s.1; 2005, c.7, s.19; 2017, c.20, s.49
Conveyance of Crown Lands – possessory title
21.1The Minister may convey Crown Lands to a person who claims Crown Lands by possessory title, upon presentation by that person of satisfactory proof of sufficient possession.
2001, c.14, s.1
Cancellation of and offer to renew leases of Crown Lands
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).
Power of Minister to lease Crown Lands
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.
1992, c.9, s.1; 2006, c.9, s.2
Lease of Crown Lands
24(1)A lease of Crown Lands
(a) shall be for a period not exceeding twenty years or, with the approval of the Lieutenant-Governor in Council, for a period not exceeding thirty years,
(b) shall be at a rental set in accordance with the regulations or, where there is no applicable regulation, at a rental set by the Minister having regard to the rental value of similar land on the open market,
(c) shall include the terms and conditions prescribed by regulation and any other additional terms and conditions imposed by the Minister,
(d) is assignable, with the prior written consent of the Minister,
(e) shall permit the lessee to sublet the premises, with the prior written consent of the Minister,
(f) may be cancelled by the Minister if the lessee fails to carry out the terms, covenants and conditions of the lease, and
(g) may be amended by the Minister.
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.
1983, c.24, s.10; 1985, c.10, s.1; 1986, c.27, s.7; 1994, c.12, s.5; 2006, c.9, s.3; 2008, c.51, s.1
Pledging of lease as security
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.
2007, c.11, s.2
Grant of right-of-way or easement respecting Crown Lands
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.
1994, c.12, s.6; 2006, c.9, s.4; 2008, c.51, s.2
Licence of occupation
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
(a) permit the assignment of a licence of occupation, and
(b) amend a licence of occupation.
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.
1984, c.21, s.2; 1986, c.27, s.8; 1987, c.15, s.3; 2005, c.1, s.2; 2006, c.9, s.5; 2008, c.51, s.3
Provision of wind test data by holders of a licence of occupation to explore for wind energy
26.01The holder of a licence of occupation to explore for wind energy shall provide the Minister, in such manner and at such times as the Minister may require, with a copy of any wind test data collected by the holder of the licence.
2006, c.8, s.1
Report by Minister to Executive Council
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.
2001, c.14, s.1
CONTINUATION AND CANCELLATION
OF LICENSES
Continuation and cancellation of licenses
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
(a) the term of and any condition of the license after continuation may be different from that of the license before continuation, or
(b) the boundaries of Crown Lands described in the license after continuation may be different from those subject to the license before continuation.
27(7)The Minister may, with the approval of the Lieutenant-Governor in Council,
(a) pay compensation for forest roads, bridges and similar capital improvements made prior to March 31, 1982 to Crown Lands set out in a timber license that is
(i) cancelled pursuant to subsection (1), or
(ii) continued pursuant to subsection (4), but amended so as to exclude the Crown Lands upon which the capital improvements were made,
in such amount, if any, as the Minister determines the holder of the timber license should fairly be compensated; and
(b) require a licensee, as a condition of the continuation of his timber license, to pay compensation to the Crown for forest roads, bridges and similar capital improvements, or any portion thereof, made prior to March 31, 1982, to Crown Lands described in his license, and not formerly included therein, in such amount, if any, as the Minister determines the Crown should fairly be compensated.
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.
1983, c.24, s.11
CROWN TIMBER LICENSES
Crown timber license
28The Minister, with the approval of the Lieutenant-Governor in Council, may issue a Crown timber license to a person who
(a) owns or operates a wood processing facility in the Province or who undertakes by agreement with the Minister to construct and operate a wood processing facility in the Province, and
(b) has entered into a forest management agreement with the Minister.
1983, c.24, s.12
Forest management agreement
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
(a) an industrial plan,
(b) a management plan, and
(c) an operating plan,
by the licensee in accordance with the instructions of the Minister; and, when submitted, any such plan and any revision thereof becomes part of the forest management agreement.
29(2)An industrial plan shall, for a ten year period, describe all aspects of the licensee’s wood processing facility, including
(a) plant investment,
(b) employment levels,
(c) plant and production capacity,
(d) end product production levels,
(e) all expected sources of wood for the facility, by species and class, including freehold and Crown Lands,
(f) markets to be served, and
(g) other information required by regulation,
and shall be revised and brought up to date before the expiration of the first five year period of the industrial plan.
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,
(a) describe the objectives for which Crown Lands and the resources of Crown Lands will be used by the licensee and sub-licensees,
(b) describe the manner in which the licensee will manage Crown Lands under his license with respect to
(i) silviculture,
(ii) timber harvesting,
(iii) fire protection,
(iv) road construction and maintenance,
(v) forest recreation,
(vi) fish and wildlife habitat,
(vii) watershed protection,
(viii) general land management, and
(ix) other matters prescribed by regulation, and
(c) provide such other information as is required by regulation,
and shall be revised and brought up to date every five years.
29(5)An operating plan shall, for a one-year period
(a) firstly, identify the total volume of wood to be used in any wood processing facility of the licensee or any sub-licensee,
(b) secondly, identify the proportions of wood supply to be used in any wood processing facility of the licensee or any sub-licensee
(i) from private woodlots or Producer Associations in the Province,
(ii) from freehold lands owned or controlled by the licensee,
(iii) from other sources within and without the Province,
(iv) through exchanges of wood or wood products, and
(v) from Crown Lands,
(c) thirdly, describe the operations the licensee and every sub-licensee will carry out under the licence and sub-licences, and how these operations will be integrated, including
(i) the areas of Crown Lands in which harvesting will be carried out,
(ii) the quantities of timber by species and product to be harvested,
(iii) the conditions under which the harvesting will be carried out,
(iv) the sharing of harvesting responsibilities, management and costs,
(v) silvicultural treatments,
(vi) the management of the fish and wildlife habitat,
(vii) the plans for the construction of new forest roads and the maintenance of existing forest roads,
(viii) the distribution of wood harvested, and
(ix) other information required by regulation,
and shall be revised and brought up to date annually.
29(6)A management plan and an operating plan shall
(a) be prepared by or under the direction of a registered professional forester, and
(b) be signed by the registered professional forester who prepared or directed the preparation of the plans.
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
(a) proportional supply, and
(b) sustained yield.
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.
1983, c.24, s.13; 1986, c.27, s.9; 1992, c.26, s.3; 2001, c.40, s.2
Rights and obligations of licensee
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.
1983, c.24, s.14
Review of performance of licensee
31The Minister shall review the performance of each licensee in respect of the management of Crown Lands under licence within six months of the expiration of each five year period of the license and, notwithstanding section 30, may, with the approval of the Lieutenant-Governor in Council, do any or all of the following:
(a) alter the boundaries of Crown Lands under license;
(b) increase or decrease the area of Crown Lands under license; or
(c) where the Minister is satisfied with the performance of the licensee under the terms of the forest management agreement, he may extend the term of the license by five years beyond the existing term of the license.
1983, c.24, s.15; 1986, c.27, s.10
Forest operations compliance audits
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
(a) permit access to the area of Crown Lands described in the licence, and
(b) furnish any information or document that is, in the opinion of the Minister, necessary to enable the Minister to perform the forest operations compliance audit and that the licensee or employee or agent of the licensee is reasonably able to furnish.
2009, c.23, s.2
Forest audit report, compliance action plan and non-compliance
31.2(1)Following a forest operations compliance audit, the Minister shall deliver a forest audit report to the licensee
(a) setting out the findings of the audit, including any instances of non-compliance and any corrective action to be taken, and
(b) containing any other information required by the regulations.
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:
(a) require the licensee to provide a further compliance action plan satisfactory to the Minister, and
(b) impose a penalty on the licensee.
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
(a) $10,000 for not providing a compliance action plan to the Minister when required,
(b) $25,000 for refusal or failure to satisfactorily implement a compliance action plan, and
(c) $25,000 in any other case.
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.
2009, c.23, s.2
Designation of forest auditors
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.
2009, c.23, s.2
Forest Audit Appeal Board
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
(a) a chair of the appeal board,
(b) a vice-chair of the appeal board,
(c) five members of the appeal board appointed from a list of licensees, sub-licensees or other persons, compiled in accordance with subsection (3), to represent the forest industry, and
(d) two members of the appeal board appointed from among employees of the Department who are not involved with forest operations compliance audits.
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,
(a) employed in the Civil Service of the Province, or
(b) an employee or agent of a licensee or sub-licensee.
31.4(6)The members of the appeal board appointed under paragraph (2)(c) shall
(a) be appointed for a term not exceeding one year and may be reappointed, and
(b) not sit as a member of a panel of the appeal board in respect of an appeal if
(i) the member is the person making the appeal, or
(ii) the member is an employee or agent of the person making the appeal.
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.
2009, c.23, s.2; 2016, c.37, s.44
Appeal of the findings of an audit
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.
2009, c.23, s.2
Security
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.
2009, c.23, s.2
Power of Minister
32Notwithstanding section 30, where
(a) a licensee has not harvested certain species, classes or stands of timber under his license, or
(b) in the opinion of the Minister, certain species, classes or stands of timber are not essential to the objectives of the licensee under the management plan, or the best use of such timber cannot be made in the wood processing facility of the licensee,
the Minister may
(c) sell the timber under a Crown timber sale, or
(d) direct the licensee to harvest the timber and reserve it to the Crown for a person designated by the Minister, in which case the Minister shall compensate the licensee for his costs in connection therewith, subject to such limitations as are imposed by regulation.
1983, c.24, s.16
Licensee, owner of timber
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
(a) the owner of the timber, and
(b) in possession of the Crown Lands affected,
for the purpose of maintaining an action with respect to such conduct.
Use of license as security, assignment or transfer of license
34(1)A licensee shall not,
(a) pledge, charge, assign or otherwise use his license in any way as security for a debt, or
(b) otherwise assign or transfer his license,
except with the written consent of the Minister, as authorized by the Lieutenant-Governor in Council, and any pledge, charge, assignment or other use of the license, and any transfer of the license, without such consent is void.
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.
Power of Minister
35(1)Notwithstanding section 30, where the Minister
(a) after consultation with the licensee,
(b) after taking into account the licensee’s and sub-licensees’ reasonable requirements for timber from Crown Lands, and
(c) having regard to employment patterns within the Province,
is of the opinion that it is in the public interest to do so, the Minister may do any or all of the following:
(d) increase or decrease the area of Crown Lands described in a license,
(e) alter the boundaries of Crown Lands described in a license,
(f) reallocate Crown Lands among licensees,
(g) allocate Crown Lands to persons for purposes other than for a license, or
(h) designate the area of Crown Lands that has been removed from a license under paragraph (d) as an area set aside for Crown timber permits.
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.
1983, c.24, s.17; 1984, c.21, s.3; 1992, c.9, s.2; 1994, c.12, s.7
Suspension and cancellation of license
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
(a) impose a penalty against the licensee as authorized by regulation,
(b) suspend the license for any period, subject to such terms and conditions as he may impose, or
(c) with the approval of the Lieutenant-Governor in Council cancel the license.
36(2)Where the Minister has suspended or cancelled a license under subsection (1), he may
(a) sell timber on the lands described in the license under a Crown timber sale to a person other than the licensee,
(b) arrange for the harvesting of timber on the lands described in the license and reserve it to the Crown for a person designated by the Minister,
(c) allocate the lands described in the license to one or more licensees or to a person who has complied with the provisions of section 28, or
(d) designate the lands described in the license as an area set aside for Crown timber permits.
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.
1983, c.24, s.18; 1984, c.21, s.4
Power of Minister respecting compensation
37The Minister may, with the approval of the Lieutenant-Governor in Council,
(a) pay compensation for forest roads, bridges and similar capital improvements made to Crown Lands described in a license that is cancelled pursuant to this Act in such amount, if any, as the Minister determines the licensee should fairly be compensated,
(b) pay compensation for forest roads, bridges and similar capital improvements made to Crown Lands described in a license that have been withdrawn or disposed of pursuant to this Act in such amount, if any, as the Minister determines the licensee should fairly be compensated, and
(c) require a licensee, as a condition of his license, to pay compensation to the Crown for forest roads, bridges, and similar capital improvements, or any portion thereof, on Crown Lands included in or added to his license, which were in existence at the time such lands were added or included, in such amount, if any, as the Minister determines the Crown should fairly be compensated.
Expenses of forest management
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
(a) shall reimburse the licensee for such expenses of forest management as are approved in and carried out in accordance with the operating plan, including expenses with respect to
(i) pre-commercial thinning,
(ii) Repealed: 1986, c.27, s.11
(iii) tree planting,
(iv) Repealed: 1986, c.27, s.11
(v) Repealed: 1986, c.27, s.11
subject to the regulations and the provisions of any agreement between the licensee and the Minister, and
(b) shall compensate the licensee for other expenses of forest management in accordance with the regulations.
1983, c.24, s.19; 1986, c.27, s.11; 2011, c.31, s.1
Annual report of licensee to Minister
39On or before the last day of June in each year, a licensee shall provide the Minister with a report setting out
(a) the details of the harvesting of all timber carried out on Crown Lands described in his license and the distribution of such timber to wood processing facilities;
(a.1) the location of the Crown Lands where timber has been harvested;
(a.2) the location, amount and type of silviculture treatments;
(a.3) the location and class of all forest roads on the Crown Lands under license;
(b) the volume of timber by species and class harvested on the freehold lands owned or controlled by the licensee and his sub-licensees, the volume of timber by species and class obtained by the licensee and sub-licensees from any other source other than Crown Lands, and the distribution of such timber;
(c) the volume of timber by species and class processed in the wood processing facility of the licensee and the source of such timber; and
(d) any other information required by regulation;
for the twelve month period ending on the last day of March prior to the report.
1983, c.24, s.20; 1986, c.27, s.12
Copies of plans to Minister, examination of books of account, etc., by 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.
1983, c.24, s.21
CROWN TIMBER SUB-LICENSES
Crown timber sub-license
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
(a) owns or controls a wood processing facility in the Province or who undertakes by agreement with the Minister to construct and operate a wood processing facility in the Province, and
(b) undertakes by agreement with the Minister to maintain for the wood processing facility a specified level of plant and productive capacity, or to increase the manufacturing capacity of his wood processing facility to a specified level, in accordance with an industrial plan.
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
(a) shall be in the form prescribed by regulation,
(b) shall be issued for a term of not more than five years, as directed by the Minister, subject to extension as provided for in paragraph (4)(b), and
(c) entitles the sub-licensee to a prescribed allocation of the annual allowable cut of timber on the lands of the licensee by species and class, as specified therein.
41(4)Upon the direction of the Minister, a licensee shall
(a) issue a Crown timber sub-license authorized under subsection (1) to such person as is named by the Minister, and
(b) at the end of each or any year, extend the expiry date of such sub-license by one year.
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.
1983, c.24, s.22
Sub-licensee, owner of timber
42Upon remittance of the royalty pursuant to subsection 58(2) or 59(3), a sub-licensee is the owner of timber authorized to be harvested under his sub-license when it is harvested by him or on his behalf.
1984, c.21, s.5
Use of sub-license as security, assignment or transfer of sub-license
43(1)A sub-licensee shall not
(a) pledge, charge, assign or otherwise use his sub-license in any way as security for a debt, or
(b) otherwise assign or transfer his sub-license,
except with the written consent of the Minister, as authorized by the Lieutenant-Governor in Council, and any pledge, charge, assignment or other use of the sub-license, and any transfer of the sub-license, without such consent is void.
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.
Annual statement of sub-licensee to licensee
44A sub-licensee shall co-operate with the licensee by whom he was issued his sub-license in the preparation of a harvesting report under section 39, and in sufficient time to allow for the preparation of that report shall provide his licensee with a statement setting out
(a) the details of the harvesting of all timber carried out under the authority of his sub-license and the distribution of such timber to wood processing facilities;
(b) the volume of timber by species and class harvested on the freehold lands owned or controlled by the sub-licensee, the volume of timber by species and class obtained from any other source other than Crown Lands, and the distribution of such timber;
(c) the volume of timber by species and class processed in the wood processing facility of the sub-licensee and the source of such timber; and
(d) any other information required by regulation;
for the twelve month period ending on the last day of March prior to the report.
1986, c.27, s.13
Copies of plans to Minister
45Upon the request of the Minister, a sub-licensee 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 sub-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.
1983, c.24, s.23
Examination of books of account, etc., by Minister
46Upon request, a sub-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 the sub-licensee which in any way relate to the operations of the sub-licensee on Crown Lands.
2001, c.40, s.3
Securing proportion of annual allowable cut
47Where
(a) the licensee and sub-licensees so request, or
(b) the licensee is in default of an obligation under this Act or the regulations, or any agreement with the Minister, affecting the operations of the sub-licensee,
the Minister, after consulting with the Advisory Board and being of the opinion that it is necessary to do so for the better management of Crown Lands, may, with the approval of the Lieutenant-Governor in Council, reduce the Crown Lands described in the license sufficiently to secure to the sub-licensee the proportion of annual allowable cut that has been allocated by the Minister to the sub-licensee and is specified in his sub-license, and declare the sub-license to be cancelled.
Suspension or cancellation of sub-license, penalty
48Where, in the opinion of the Minister, a sub-licensee is in default of a provision of this Act, of the regulations or of the sub-license, or has not manufactured secondary wood products in a wood processing facility owned or operated by the sub-licensee for a period in excess of twelve consecutive months, the Minister may
(a) impose a penalty against the sub-licensee as authorized by regulation,
(b) suspend the sub-license for any period, subject to such terms and conditions as he may impose, or
(c) with the approval of the Lieutenant-Governor in Council, cancel the sub-license.
1984, c.21, s.6
CROWN TIMBER PERMIT
Crown timber permit
49(1)The Minister may issue a Crown timber permit to a person who
(a) owns or controls a wood processing facility in the Province or who undertakes by agreement with the Minister to construct and operate a wood processing facility in the Province, and
(b) undertakes by agreement with the Minister to maintain for the wood processing facility a specified level of plant and productive capacity, or to increase the manufacturing capacity of his wood processing facility to a specified level, in accordance with an industrial plan.
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
(a) shall be in the form prescribed by regulation,
(b) shall be issued for a term of not more than five years, but may be extended by the Minister by one year at the end of each or any year, and
(c) entitles the permittee to a prescribed allocation of annual allowable cut of timber on Crown Lands that are not subject to a licence and are described therein, by species and class, as specified therein.
1994, c.12, s.8
Duties of Minister
50(1)The Minister shall
(a) designate areas within Crown Lands that are set aside for Crown timber permits,
(b) prepare a twenty-five year management plan for each area with respect to which Crown timber permits have been issued, and
(c) review and bring up to date each management plan every five years.
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.
1983, c.24, s.24
Permittee, owner of timber
51A permittee is the owner of timber authorized to be harvested under his permit when it is harvested by him or on his behalf.
Use of permit as security, assignment or transfer of permit
52(1)A permittee shall not
(a) pledge, charge, assign or otherwise use his permit in any way as security for a debt, or
(b) otherwise assign or transfer his permit,
except with the written consent of the Minister, as authorized by the Lieutenant-Governor in Council, and any pledge, charge, assignment or other use of the permit, and any transfer of the permit, without such consent is void.
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.
Statement of permittee to Minister
53(1)On or before the last day of April in each year, a permittee shall provide the Minister with a statement setting out
(a) the details of the harvesting of all timber carried out under the authority of the permit and the distribution of such timber to wood processing facilities;
(b) the volume of timber by species and class harvested on the freehold lands owned or controlled by the permittee, the volume of timber by species and class obtained from any other source other than Crown Lands, and the distribution of such timber;
(c) the volume of timber by species and class processed in the wood processing facility of the permittee and the source of such timber; and
(d) any other information required by regulation;
for the twelve month period ending on the last day of March prior to the statement.
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.
1983, c.24, s.25
Examination of books of account, etc., by Minister
54Upon request, a permittee 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 the permittee which in any way relate to the operations of the permittee on Crown Lands.
Suspension and cancellation of permit
55Where, in the opinion of the Minister, a permittee is in default of a provision of this Act, of the regulations or of his permit, or has not manufactured secondary wood products in a wood processing facility owned or operated by the permittee for a period in excess of twelve consecutive months, the Minister may
(a) impose a penalty against the permittee as authorized by regulation,
(b) suspend the permit for any period, subject to such terms and conditions as he may impose, or
(c) with the approval of the Lieutenant-Governor in Council, cancel the permit.
1984, c.21, s.7
CONFIDENTIALITY OF
INFORMATION
Confidentiality of information
(a) industrial plan, and
(b) management plan as it relates to lands that are not Crown Lands,
provided to the Minister pursuant to this Act, and all information obtained under this Act pertaining to a licensee, sub-licensee or permittee, except that which is contained in
(c) a management plan, as it relates to Crown Lands,
(d) an operating plan, as it relates to Crown Lands, or
(e) an annual report respecting the management of Crown Lands,
is confidential; and except for purposes of the administration and enforcement of this Act, no plan or information that is confidential shall be disclosed to any person by the Minister or by any other person in receipt thereof unless the Minister considers it to be in the public interest to do so and authorizes its disclosure.
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.
1983, c.24, s.26; 2006, c.8, s.2; 2009, c.R-10.6, s.90; 2013, c.34, s.9
CROWN TIMBER SALE
Crown timber sale
56(1)The Minister may sell timber or the right to cut timber on Crown Lands to a person who
(a) has been designated under paragraph 32(d) or 36(2)(b),
(b) has successfully bid for such timber or the right to cut such timber at public auction or by tender, or
(c) applies to cut small amounts of firewood or other classes of timber.
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
(a) impose a penalty against the holder of the right in accordance with the regulation,
(b) suspend the right for any period, subject to such terms and conditions as the Minister may impose, or
(c) with the approval of the Lieutenant-Governor in Council, cancel the right.
1982, c.3, s.13; 1984, c.21, s.8; 1992, c.26, s.4; 2001, c.40, s.4
Prohibition respecting sale of timber
56.01(1)In this section, “administered Act” means
(a) the Crown Lands and Forests Act;
(b) Repealed: 2013, c.39, s.5
(c) the Fish and Wildlife Act;
(d) the Forest Fires Act;
(e) the Protected Natural Areas Act;
(f) the Species at Risk Act; and
(g) the Transportation of Primary Forest Products Act.
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:
(a) the date the individual pays the full amount of the fine imposed for the offence; and
(b) the expiration of the applicable period of time referred to in section 67.02.
2013, c.26, s.1; 2013, c.39, s.5
ARREST, SEARCH
AND SEIZURE
Powers of conservation officers
56.1A conservation officer in carrying out his or her duties under this Act and the regulations is a person employed for the preservation and maintenance of the public peace and has and may exercise all the powers, authorities and immunities of a peace officer as defined in the Criminal Code (Canada).
1986, c.27, s.14; 2013, c.39, s.6
Repealed
56.2Repealed: 1990, c.22, s.10
1986, c.27, s.14; 1990, c.22, s.10
Repealed
56.3Repealed: 1990, c.22, s.10
1986, c.27, s.14; 1990, c.22, s.10
Search without warrant
56.4In addition to the powers of search given under the Provincial Offences Procedure Act, a conservation officer or a forest service officer has the power to search without warrant any Crown Lands in or on which he or she has reasonable and probable grounds to believe there is anything that may provide evidence of the commission of an offence under this Act or the regulations if he or she believes on reasonable and probable grounds that it would be impracticable in the circumstances to obtain a search warrant.
1986, c.27, s.14; 1990, c.22, s.10; 2013, c.39, s.7
Powers of forest service officers
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
(a) he or she has reasonable and probable grounds to believe that it has been used to assist any person in the commission of an offence under this Act or the regulations, or
(b) he or she finds anything in it in respect of which he or she has reasonable and probable grounds to believe that an offence under this Act or the regulations has been committed.
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.
2013, c.39, s.8
Seizure of timber, property of the Crown, equipment or vehicle and return or forfeiture of thing seized
56.5(1)In this section
“judge” means a person appointed or authorized to act as a judge of the Provincial Court of New Brunswick.(juge)
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,
(a) seize and remove any vehicle that he or she has reasonable and probable grounds to believe has knowingly been used as a means of transportation to assist any person in the commission of an offence under this Act or the regulations, and
(b) seize and remove any vehicle in which he or she finds anything 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.
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
(a) without delay, report the particulars of the seizure to the Minister, and
(b) where he or she has knowledge of the person who was in actual or apparent possession of the thing seized at the time of the seizure, give notice to that person of the seizure, either by personal service or by registered mail.
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,
(a) any timber or other property belonging to the Crown seized under this Act or the Provincial Offences Procedure Act is, upon the conviction, in addition to any penalty imposed, forfeited to the Minister and the Minister may dispose of it in such manner and at such time as the Minister sees fit, and
(b) the judge may, in addition to any other penalty imposed,
(i) order any bond or other security posted or deposited with the court be forfeited to the Minister, or
(ii) order any thing seized under this Act or the Provincial Offences Procedure Act that has not been returned under this section be forfeited to the Minister.
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
(a) if the person in possession of the thing seized at the time of the seizure is not charged with an offence under this Act or the regulations relating to the thing seized,
(b) within 30 days after the final disposition of the charge, if the person in possession of the thing seized at the time of the seizure has been charged with an offence under this Act or the regulations relating to the thing seized and no conviction results from that charge, or
(c) subject to subsections (10.1) to (10.7), if the person in possession of the thing seized at the time of the seizure is convicted of an offence under this Act or the regulations relating to the thing seized but the judge does not order the forfeiture of the thing seized, and if the owner or the person in possession of the thing seized at the time of the seizure pays the amount of the costs and expenses relating to the seizure, removal, impoundment and return of the thing seized.
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
(a) return the thing seized to the owner, and
(b) in accordance with subsections (10.3) to (10.6), recover the amount of the costs and expenses referred to in paragraph (10)(c) from the person convicted of the offence.
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:
(a) a person with a property interest in the equipment, vehicle or other property;
(b) the owner of the equipment, vehicle or other property; or
(c) the person in possession of the equipment, vehicle or other property at the time it was seized under this section.
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
(a) any action taken under this section by the Minister, conservation officer or person assisting the conservation officer, or
(b) any thing done or omitted to be done in the course of taking that action or for the purposes of that action by the Minister, conservation officer or person assisting the conservation officer.
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.
1986, c.27, s.14; 1996, c.14, s.3; 2001, c.26, s.1; 2013, c.39, s.9; 2023, c.17, s.55
Disposal where owner unknown or not found
56.6Where anything is seized under this Act or the Provincial Offences Procedure Act and the owner is unknown or cannot be found within three months after the seizure, the Minister may direct that it be disposed of in any manner the Minister may see fit.
1996, c.14, s.4
ROYALTY AND CROWN CHARGES
Payment of royalty for resources other than timber
56.7Any person who extracts, harvests or takes a resource prescribed by regulation under the authority of a licence of occupation shall pay to the Crown the royalties prescribed by regulation.
2006, c.9, s.6
Classes of timber on Crown Lands
57Timber on Crown Lands shall be classed by species or groups of species as veneer logs, saw logs, pulpwood, poles, fuel wood, Christmas trees and such other classes as may be prescribed by regulation.
1983, c.24, s.27
Payment of royalty and charges for timber
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.
Contravention of subsection 67(1)
58.1Where, in contravention of subsection 67(1),
(a) timber is cut down or damaged on Crown Lands, or
(b) timber is removed from Crown Lands,
the licensee shall pay to the Crown
(c) the royalty that would have been payable if the timber had been harvested as authorized under this or any other Act, and
(d) such other charges as may be prescribed by regulation.
1985, c.10, s.2
Royalty based on fair market value plus adjustment
2022, c.47, s.7
59(1)The royalty for each class of timber shall be the sum of the following amounts:
(a) the amount prescribed by regulation which is based on the fair market value of standing timber of that class as determined by the Lieutenant-Governor in Council; and
(b) the royalty adjustment under section 5 of the Private Woodlot Sustainability Act.
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).
1984, c.21, s.9; 2011, c.31, s.2; 2022, c.47, s.7
Interest
60Where any royalty, charge, penalty, sale price or rental authorized under this Act, the regulations or any agreement authorized under this Act is due and unpaid to the Crown by any person, interest, at a rate prescribed by regulation, shall be paid by that person on the amount due and payable from time to time.
Lien in favour of Minister
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.
1983, c.24, s.28
Payment of lien by mortgagee, judgment creditor, etc
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
(a) may pay the amount of such lien,
(b) may add such amount to his mortgage, judgment or other security, and
(c) has the same rights and remedies for such amount as are contained in his security.
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.
Notice of lien by Minister
63(1)Where any timber or processed wood to which a lien attaches pursuant to section 61
(a) is seized by a sheriff, or any officer of a court,
(b) is in the possession of a liquidator or an assignee or trustee for the benefit of a creditor, or
(c) is in the possession of any other person, including the person who harvested it,
the Minister may give notice in writing of his lien to such sheriff, officer, assignee, trustee, liquidator or other person, whereupon such person shall forthwith deliver the timber or processed wood into the hands of the Minister or at his direction.
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).
2001, c.40, s.5; 2013, c.32, s.11
Seizure of timber and processed wood to satisfy unpaid royalties, etc
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
(a) seize any timber and processed wood that is subject to a lien arising under section 61 in whosever hands the timber or processed wood is found, or
(b) seize any timber or processed wood in the hands of a licensee, sub-licensee, permittee, or purchaser under a Crown timber sale, wherever found and whether or not harvested from Crown Lands,
sufficient to satisfy such unpaid royalties, sale price, charges or interest owed by such person.
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
(a) to the owner of the timber or processed wood, and
(b) to the person in whose possession the timber or processed wood was when seized,
thirty days’ notice of the time and place of the public auction and the quantities of timber and processed wood to be sold.
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
(a) the costs of seizure and sale by the Minister,
(b) any amount referred to in subsection (5), and
(c) the amount owed to the Minister in respect of unpaid royalties, sale price, charges and interest,
shall be paid to the owner of the timber or processed wood seized, or, when the timber or processed wood was acquired or seized from a person referred to in subsection 63(1), to such person from whom it was acquired or seized.
64(8)The Minister may authorize a conservation officer to seize timber and processed wood pursuant to this section.
1983, c.24, s.29; 2013, c.39, s.10
CONTROL OF UNAUTHORIZED HARVESTING
Repealed
65Repealed: 1986, c.27, s.15
1986, c.27, s.15
Offence and penalty respecting obstruction of conservation officer or forest service officer
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.
1986, c.27, s.16; 1990, c.61, s.30; 1996, c.14, s.5; 2013, c.39, s.11
Offence and penalty respecting unauthorized cutting, removal or possession of timber
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
(a) cut down or damage timber on Crown Lands,
(b) remove from Crown Lands timber or any other property belonging to the Crown, or
(c) be in possession of timber from Crown Lands.
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(3)Repealed: 1986, c.27, s.17
67(4)Repealed: 1986, c.27, s.17
67(5)Repealed: 1986, c.27, s.17
67(6)Repealed: 1986, c.27, s.17
67(7)Repealed: 1986, c.27, s.17
67(8)Repealed: 1986, c.27, s.17
67(9)Repealed: 1986, c.27, s.17
67(10)Repealed: 1986, c.27, s.17
67(11)Repealed: 1986, c.27, s.17
1983, c.24, s.30; 1986, c.27, s.17; 1990, c.61, s.30; 1996, c.14, s.6; 2001, c.26, s.2; 2004, c.30, s.2; 2005, c.27, s.1
Court order prohibiting presence on Crown Lands
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.
2001, c.26, s.3
Prohibition respecting sale of timber
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
(a) for an additional five years, in the case where the conviction occurred during the period described in subsection (1), and
(b) for the lifetime of the person, in the case where the conviction occurred during the period described in subsection (2).
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).
2001, c.26, s.3
Designation and certificate of qualified technician
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.
1996, c.14, s.7
USE OF TIMBER FROM CROWN LANDS
Use of timber from Crown Lands
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
(a) with the approval of the Lieutenant-Governor in Council, revoke the license, sub-license or permit of such person;
(b) suspend the license, sub-license or permit of such person for any period, subject to such terms and conditions as he may impose;
(c) in the case of a Crown timber sale, revoke the Crown timber sale or limit the extent of its authority in any way;
(d) in the case of a license, with the approval of the Lieutenant-Governor in Council, decrease or otherwise alter the boundaries of Crown Lands described in the license; or
(e) in the case of a sub-license or permit, with the approval of the Lieutenant-Governor in Council, reduce the prescribed allocation of the annual allowable cut of timber under the sub-license or permit.
Power of Minister respecting wasteful cutting practices
68.1Where, in the opinion of the Minister, a licensee, sub-licensee or permittee is in contravention of a regulation prohibiting or regulating wasteful cutting practices, he may
(a) impose a penalty as set out in the regulation,
(b) order the licensee, sub-licensee or permittee to remedy the contravention to the satisfaction of the Minister, or
(c) order the licensee, sub-licensee or permittee to cease a harvesting operation.
1983, c.24, s.32
ADVISORY BOARD
Advisory Board
69(1)Subject to the approval of the Lieutenant-Governor in Council, the Minister shall establish an Advisory Board to advise the Minister on
(a) matters related to the management of Crown Lands,
(b) the settlement of disputes with respect to the management of Crown Lands, and
(c) other matters submitted by the Minister,
and may appoint members of the Advisory Board for such terms as he considers appropriate.
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.
1983, c.24, s.33; 1986, c.27, s.18
TRESPASS AND UNAUTHORIZED OCCUPATION AND POSSESSION OF CROWN LANDS
2008, c.51, s.4
Order to cease and desist
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(2)Repealed: 2008, c.51, s.5
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,
(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and
(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.
2008, c.51, s.5
Unauthorized occupation or possession of Crown Lands
71(1) Otherwise than under the authority of this or any other Act or under the authority of the Minister, no person shall
(a) occupy or possess Crown Lands,
(b) being the holder of a lease, right-of-way, easement or licence of occupation, occupy or possess Crown Lands for a purpose not provided for in the lease, right-of-way, easement or licence of occupation,
(c) construct, place or leave, cause to be constructed, placed or left or permit the construction, placing or leaving of any building, structure or enclosure on Crown Lands,
(d) abandon, place or dispose of, cause to be abandoned, placed or disposed of or permit the abandonment, placing or disposal of any vehicle, vessel, property or thing on Crown Lands,
(e) place or dispose of, cause to be placed or disposed of or permit the placing or disposal of any natural or man-made material, including glass, metal, garbage, debris, residue from manufacturing or construction or machinery, on Crown Lands except in a dump or landfill provided for that purpose by the Crown, a local government or a lessee,
(f) perform any dredging, excavation or filling or cause to be performed any dredging, excavation or filling on Crown Lands,
(g) operate any machinery or equipment or cause to be operated any machinery or equipment on Crown Lands,
(h) seed, tend or harvest crops on Crown Lands, or
(i) keep or pasture any animal on Crown Lands.
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,
(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and
(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.
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.
1983, c.24, s.34; 1986, c.27, s.19; 2005, c.7, s.19; 2008, c.51, s.6; 2017, c.20, s.49
Failure or refusal to comply with subsection 24(1.1), 25(3), 26(6) or 71(1)
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
(a) issue an order to comply instead of commencing proceedings in respect of the failure or refusal or in addition to commencing proceedings, and
(b) if the person is a holder of a lease, right-of-way, easement or licence of occupation and uses the Crown Lands for a purpose not provided for in the lease, right-of-way, easement or licence of occupation, cancel the lease, right-of-way, easement or licence of occupation, as the case may be.
71.1(2)An order to comply referred to in paragraph (1)(a) may require the person to whom it is directed
(a) to cease and desist trespassing on Crown Lands,
(b) to cease any unauthorized occupation or possession of Crown Lands that is referred to in subsection 71(1),
(c) to restore the Crown Lands to a condition as nearly as practicable as they were before the unauthorized occupation or possession referred to in subsection 71(1),
(d) to remove any property or thing referred to in subsection 71(1) that is constructed, placed or left on Crown Lands,
(e) to remove any property or thing referred to in subsection 71(1) that is abandoned or disposed of on Crown Lands, and
(f) to carry out other measures, specified in the order, in order to effect compliance with subsection 24(1.1), 25(3), 26(6) or 71(1), as the case may be.
71.1(3)An order to comply shall
(a) be in writing and include the reasons for the order,
(b) specify the measures required to be carried out under the order, and
(c) specify the time within which any measure required by the order is to be complied with.
71.1(4)The Minister shall give notice of the order to comply to the person to whom the order is directed
(a) by personal service,
(b) by registered mail at the last known address of the person, in a manner that provides the Minister with an acknowledgement of receipt, or
(c) if a person cannot be given notice of the order by one of the methods described in paragraph (a) or (b), by, on 2 separate occasions,
(i) posting a copy of the order in a conspicuous location on the Crown Lands for a 30-day period, and
(ii) publishing a notice of the order in at least one publication having general circulation in the area in which the Crown Lands to which the order relates are situated.
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
(a) amend a condition in an order to comply or add a condition to or delete a condition from an order to comply, and
(b) cancel an order to comply.
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,
(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and
(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.
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.
2008, c.51, s.7
Failure or refusal to comply with order to comply
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:
(a) take possession of any property or thing referred to in subsection 71(1) that is constructed, placed, left, abandoned or disposed of on Crown Lands;
(b) restore the Crown Lands to a condition as nearly as practicable as they were before the unauthorized occupation or possession referred to in subsection 71(1);
(c) remove any property or thing referred to in subsection 71(1) that is constructed, placed or left on Crown Lands;
(d) remove any property or thing referred to in subsection 71(1) that is abandoned or disposed of on Crown Lands;
(e) in any manner he or she sees fit, dispose of any property or thing referred to in subsection 71(1) that is constructed, placed, left, abandoned or disposed of on Crown Lands; and
(f) carry out other measures, specified in the order, in order to effect compliance with subsection 24(1.1), 25(3), 26(6) or 71(1).
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.
2008, c.51, s.7; 2023, c.17, s.55
Disposal of property with minimal value
71.3Despite any other provision of this Act, the Minister may remove or dispose of in any manner the Minister sees fit any property or thing abandoned, placed or left on Crown Lands if, in the opinion of the Minister, the value of the property or thing is $500 or less.
2008, c.51, s.7
Danger to public safety, public health or the environment
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.
2008, c.51, s.7
Posting of Crown Lands to protect public safety, public health and 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
(a) enter, occupy or use Crown Lands in contravention of a sign or notice if the sign or notice has been posted or erected pursuant to subsection (1),
(b) damage, deface or remove a sign or notice posted or erected by the Minister pursuant to subsection (1), or
(c) post or erect signs or notices on Crown Lands.
71.5(3)Paragraph (2)(a) does not apply to
(a) an inspector designated under the Clean Environment Act, the Clean Air Act or the Clean Water Act or a medical officer of health or an inspector as defined in the Public Health Act,
(b) a person carrying out his or her duties as an employee or agent of the Department,
(c) a person exercising his or her responsibilities, duties and powers under another Act of the Legislature or of Canada, or
(d) any other person who is providing assistance in the case of an emergency.
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,
(a) the posting or erecting of a sign or notice under this section that shows the Province of New Brunswick galley logo and bears the inscription “Department of Natural Resources and Energy Development” or “Natural Resources and Energy Development” is, in the absence of evidence to the contrary, proof that the sign or notice was posted or erected under the authority of this section, and
(b) evidence that the sign or notice was in existence both before and after the conduct in question is, in the absence of evidence to the contrary, proof that it was in existence at all material times.
2008, c.51, s.7; 2016, c.37, s.44; 2017, c.42, s.78; 2019, c.29, s.170
Repealed
72Repealed: 2008, c.51, s.8
1990, c.61, s.30; 2008, c.51, s.8
PROTECTION OF FORESTS
Power of Minister to protect
73The Minister may protect forests, whether on Crown Lands, other lands vested in the Crown or private lands, from fire, insect and disease.
2023, c.17, s.55
Aerial or ground spray operation
74Subject to section 75 and to the Pesticides Control Act, the Minister may, for any purpose referred to in section 73, carry out or cause to be carried out an aerial or ground spray operation on forests on any lands referred to in section 73.
1986, c.27, s.20
Request of land owner for exclusion
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)
(a) shall be made in writing to the Minister on or before the first day of March of each year or within thirty days after the public announcement of the Minister’s intention to carry out the program, whichever is later, and
(b) shall contain sufficient information to identify the land that is subject to the request.
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.
1986, c.27, s.21
Action against Crown
76An action founded on nuisance or trespass shall lie against the Crown or its agent for the doing of any act or the carrying out of any operation necessarily incidental to the exercise of the powers granted under sections 73 and 74 only where such nuisance or trespass results in actual injury to a person or actual damage to property.
ROADS
Power of Minister to construct and maintain forest roads
77The Minister may construct and maintain any forest road he considers necessary for the administration of this Act.
Standards
78The construction or maintenance of a forest road shall be in accordance with standards prescribed by regulation.
Closure of forest road
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.
Offence and penalty
80(1)No person, without lawful authority, shall
(a) travel on a forest road or portion thereof that has been closed to travel, notice of which has been given pursuant to subsection 79(2),
(b) remove or deface a sign or a barricade posted or erected by the Minister pursuant to subsection 79(2),
(c) barricade or post signs on a forest road, or
(d) leave a vehicle or any equipment unattended on a forest or logging road in such a manner as to prevent the passage of another vehicle.
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,
(a) the posting or erecting of a sign, notice or barricade under this section that shows the Province of New Brunswick galley logo and bears the inscription “Department of Natural Resources and Energy Development” or “Natural Resources and Energy Development” is, in the absence of evidence to the contrary, proof that the sign, notice or barricade was posted or erected under the authority of this section, and
(b) evidence that the sign, notice or barricade was in existence both before and after the conduct in question is, in the absence of evidence to the contrary, proof that it was in existence at all material times.
1983, c.24, s.35; 1990, c.61, s.30; 2008, c.51, s.9; 2016, c.37, s.44; 2019, c.29, s.170
Logging roads
81(1)Subject to the terms and conditions of an operating plan or a management plan, a licensee, sub-licensee, permittee or purchaser under a Crown timber sale may
(a) construct a logging road and other works necessarily incidental to a timber harvesting operation,
(b) restrict travel over a logging road, and
(c) abandon a logging road and other works.
81(2)Where a licensee, sub-licensee, permittee or purchaser under a Crown timber sale abandons a logging road or other works he shall rehabilitate the area affected by the logging road or other works to a degree satisfactory to the Minister unless the Minister accepts responsibility for the road or other works.
81(3)The Crown is not liable for any damage, loss or injury arising in relation to the construction, repair, maintenance or lack of maintenance of a logging road or other works constructed or maintained by a licensee, sub-licensee, permittee or purchaser under a Crown timber sale.
1983, c.24, s.36
Reserved roads
82(1)The Minister may
(a) set apart any portion of a reserved road, and
(b) grant any portion of the reserved road set apart under paragraph (a) to a person upon such terms and conditions as the Minister determines.
82(2)The granting of any portion of a reserved road does not affect the ownership of mines and minerals vested in the Crown under the Mining Act.
82(3)The Minister shall not grant any portion of a reserved road unless the Minister is satisfied that the area intended to be served by that portion of the road is served by other access.
82(4)The grant of any portion of a reserved road extinguishes the right of the public to passage on that portion of the road when the grant is registered in a registry or land titles office.
82(5)The registration of a grant made pursuant to this section before the commencement of this subsection shall be deemed to have extinguished the public’s right of passage over that portion of the reserved road to which the grant applies.
1994, c.12, s.9; 2001, c.14, s.1; 2007, c.11, s.3
Closing of reserved road
82.1(1)The Minister may close a reserved road or any portion of a reserved road to travel by any class of vehicle or by any person or class of persons for all or any part of the year.
82.1(2)The Minister shall not act under subsection (1) unless the Minister is satisfied that the area intended to be served by that portion of the road is served by other access.
82.1(3)Where the Minister closes a reserved road or portion of a reserved road to travel, the Minister shall post or erect signs and barricades to indicate that the road or portion has been closed to travel.
2007, c.11, s.4
Offence and penalty
82.2(1)No person, without lawful authority, shall
(a) travel on a reserved road or portion of the reserved road that has been closed to travel, notice of which has been given pursuant to subsection 82.1(3),
(b) remove or deface a sign or a barricade posted or erected by the Minister pursuant to subsection 82.1(3),
(c) barricade or post signs on a reserved road, or
(d) leave a vehicle or any equipment unattended on a reserved road in such a manner as to prevent the passage of another vehicle.
82.2(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.
82.2(3)In a prosecution with respect to an offence under subsection (1), where a sign is posted on a reserved road indicating that a reserved road or portion of a reserved road has been closed to travel by any class of vehicle or by any person or class of persons for all or any part of the year, or where a barricade is erected on a reserved road, the sign or barricade shall, in the absence of evidence to the contrary, be deemed to have been posted or erected, as the case may be, by the Minister.
2007, c.11, s.4
Discontinuance of portion of reserved road
83(1)In this section
“access” means(accès)
(a) a highway as defined in the Highway Act,
(b) a forest road,
(c) a reserved road,
(d) a road or other land designated in a registered right-of-way agreement, easement or other registered legal instrument as a private access to the land, or
(e) such other access as is specified by regulation.
83(2)The Minister may by order discontinue any portion of a reserved road where the area intended to be served by that portion is served by other access.
83(3)The Minister shall, within sixty days after the date on which any portion of a reserved road is discontinued under subsection (2), register the order in the registry office for the county in which the portion was located.
83(4)Where any portion of a reserved road is discontinued pursuant to subsection (2)
(a) where there is a boundary line on that portion, the title to the freehold of that portion vests in the persons having title to the freehold of the grants adjacent to that portion as they are in actual possession,
(b) where there is no boundary line on that portion, the title to the freehold of one-half the width of that portion vests in each of the persons having title to the freehold of the grants adjacent to that portion,
(c) where there are two boundary lines which delineate only the sidelines of a portion of a reserved road and one line is older than the other, the older line shall be the boundary line and the title to the freehold of that portion vests in the persons having title to the freehold of the grants adjacent to that portion as they are in actual possession, or
(d) where there are two boundary lines which delineate only the sidelines of a portion of a reserved road and both lines are considered to be the same age, the title to the freehold of one-half of that portion vests in each of the persons having title to the freehold of the grants adjacent to that portion.
83(4.1)The title to the freehold of the portion of a reserved road referred to in subsection (4) does not vest until the order referred to in subsection (3) is registered.
83(5)The discontinuance of any portion of a reserved road does not affect the ownership of mines and minerals vested in the Crown under the Mining Act.
83(6)The discontinuance of a reserved road extinguishes the public’s right of passage over the road when the order effecting the discontinuance is registered in a registry or land titles office.
83(7)The registration of an order of discontinuance made pursuant to this section before the commencement of this subsection shall be deemed to have extinguished the public’s right of passage over that portion of the reserved road to which the order applies.
1983, c.24, s.37; 1986, c.27, s.22; 1994, c.12, s.10; 2001, c.14, s.1; 2007, c.11, s.5
Construction of road on a reserved road
84The Minister may give permission to a person to construct a road on a reserved road under such terms and conditions as the Minister considers necessary.
1986, c.27, s.23; 2006, c.9, s.7
Report by Minister to Executive Council
84.1(1)Where the Minister grants any portion of a reserved road or discontinues any portion of a reserved road, the Minister shall provide to Executive Council a report on all such transactions in such form as is approved by Executive Council.
84.1(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, and shall be submitted no later than one month after each six month period.
84.1(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.
2001, c.14, s.1
ABANDONED LANDS
Revesting of abandoned land in the Crown
85Where
(a) it appears to the Minister that land within the Province has been abandoned, and
(b) the existence and whereabouts of the person, or in case of his death the heirs or next-of-kin of the person who from the records of Crown grants or from the records in the registry office for the county in which the land is situate appears as the last owner of the land, are not known to the Minister,
the Minister may take proceedings to revest those lands in the Crown.
Notice to commence proceedings
86(1)To commence proceedings under section 85, the Minister shall issue a notice
(a) calling upon all persons having or claiming any interest in the land described in the notice to show cause why such land should not be vested in the Crown, and
(b) notifying such persons that if no claim is filed with the Minister within the time fixed in the notice, being not less than three months after the publication in The Royal Gazette, or if the claims filed are not sustained, the Lieutenant-Governor in Council may declare that the title of such land is vested in the Crown in right of the Province.
86(2)The notice shall contain the following particulars:
(a) a description of the land in brief form showing the county and parish in which the same is situate, the lot number, if any, the estimated acreage, and such further particulars as the Minister may consider necessary to identify the land;
(b) the date of the Crown grant and the name of the grantee therein; and
(c) the name of the last known owner.
86(3)The Minister may include in the notice any number of parcels of land although different titles are involved.
1983, c.7, s.5; 1983, c.24, s.38
Publication of notice
87A notice under section 86 shall be published within the period fixed for filing claims once in The Royal Gazette and not less than six times at intervals of not less than six days in one or more newspapers published in the county in which the land is situate, or if no newspaper is published in the county, then in a daily newspaper published in the Province and having circulation in the county.
1983, c.7, s.5
Offence and penalty
88(1)After the publication of the notice in The Royal Gazette, no person shall, without the permission of the Minister, cut any lumber on or remove any lumber or other material of any kind from the lands described in the notice.
88(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 E offence.
1983, c.7, s.5; 1990, c.61, s.30
Filing and settling of claims
89(1)All claims shall be filed with the Minister who, if he considers any claim has been substantiated or that the land in respect of which such claim is made has not been abandoned, may discontinue all proceedings under this Act in respect of such land, and cause a notice to that effect to be published in The Royal Gazette.
89(2)In all other cases the claims so filed shall, upon proper notice to the claimant, be determined and settled by The Court of King’s Bench of New Brunswick or any judge thereof.
2023, c.17, s.55
Order in Council vesting title in Crown
90(1)If no claim is filed within the time limit, or if the claims filed are rejected by the judge, the Lieutenant-Governor in Council may order and declare that the title to the land is vested in the Crown.
90(2)Every Order in Council made under subsection (1) shall
(a) state the belief of the Minister that the lands have been abandoned, that the existence and whereabouts of the owner or in the case of his death his heirs or next-of-kin are unknown to him, and that proceedings were taken in conformity with this Act; and
(b) contain particulars showing
(i) the date of the publication of the notice in The Royal Gazette,
(ii) other publications of the notice,
(iii) the date of the original grant from the Crown and the name of the grantee,
(iv) the name of the last known owner of the land, and
(v) a description of the land.
90(3)After the registration of an Order in Council made under subsection (1) in the registry office for the county in which the land is situate such land shall be deemed to be and to have been vested in the Crown in right of the Province from the date of the publication of the notice in The Royal Gazette as fully and effectually as if the same had never been granted by the Crown.
90(4)The Order in Council or a certified copy thereof or of the registration thereof shall be accepted in any court as proof of all matters mentioned therewith.
1983, c.7, s.5; 1983, c.24, s.39
Settling of claims filed after making of Order in Council
91Where a claim to land is filed with the Minister after an order of declaration with respect to the land has been made under subsection 90(1), the Lieutenant-Governor in Council, on the recommendation of the Minister, may
(a) order that the claim be dealt with and determined as though filed within time, and
(b) make, if the claim is sustained, such order in the matter as he considers just.
Deposit of claimant
92A claimant on filing his claim shall in proof of his bona fides deposit with the Minister the sum of one hundred dollars which shall be returned to him if his claim is sustained; but if his claim is rejected, the sum may be retained for the Province.
Costs
93No costs for or against the Crown shall be allowed in any hearing under subsection 89(2), but the Minister may allow to a successful claimant an amount to cover expenses.
Vested land under administration and control of Minister
94Land, the title to which has been ordered and declared to be vested in the Crown pursuant to section 90, shall be under the administration and control of the Minister.
PROSECUTIONS
2013, c.39, s.12
Limitation period
94.01A prosecution of an offence under this Act or the regulations shall be commenced within two years after the date on which the offence was, or is alleged to have been, committed.
2013, c.39, s.12
ADDITIONAL FEES
2006, c.9, s.8
Application fees
94.1A local government, corporation, board, commission or any person who makes an application to the Minister to do any of the following shall pay the fee prescribed by regulation:
(a) to issue a grant of Crown Lands under section 13 or 13.1;
(b) to make an order under section 16;
(c) to grant or convey land under section 16.1;
(d) to convey Crown Lands under section 21 or 21.1;
(e) to lease Crown Lands under section 23;
(f) to consent to the assignment of a lease of Crown Lands under paragraph 24(1)(d);
(g) to permit a lessee to sublet the premises under paragraph 24(1)(e);
(h) to amend a lease of Crown Lands under paragraph 24(1)(g);
(i) to renew a lease of Crown Lands under subsection 24(3);
(j) to grant a right-of-way or an easement with respect to Crown Lands under section 25;
(k) to issue, to renew, to amend or to permit the assignment of a licence of occupation under section 26;
(l) to grant a portion of a reserved road under subsection 82(1);
(m) to discontinue a portion of a reserved road under subsection 83(2);
(n) to permit the construction of a road on a reserved road under section 84;
(o) to declare a parcel of land that is wholly situated on Crown Lands to be surplus land, according to criteria established by the Minister.
2006, c.9, s.8; 2017, c.20, s.49
Fees for the preparation and registration of documents
94.2The Minister may charge fees prescribed by regulation for the preparation or registration of
(a) a grant of Crown Lands under section 13 or 13.1,
(b) a document evidencing that the Minister has granted or conveyed under section 16.1 the land referred to in section 16,
(c) a document evidencing that the Minister has conveyed Crown Lands under section 21 or 21.1,
(d) a lease of Crown Lands or the amendment or renewal of a lease of Crown Lands,
(e) a written consent of the Minister to assign or sublet a lease of Crown Lands,
(f) a document evidencing that the Minister has granted a right-of-way or an easement with respect to Crown Lands under section 25,
(g) a licence of occupation or the amendment, assignment or renewal of a licence of occupation, or
(h) a document evidencing that the Minister has granted a portion of a reserved road under section 82.
2006, c.9, s.8
REGULATIONS
Regulations
95(1)The Lieutenant-Governor in Council may make regulations
(a) respecting surveys of Crown Lands;
(b) prescribing classes of leases of Crown Lands and terms and conditions applicable to each class, including the period for which a lease is granted;
(c) respecting rentals for leases of Crown Lands;
(c.1) prescribing the terms, conditions and reservations applicable to a right-of-way or easement with respect to Crown Lands;
(c.2) prescribing the terms, conditions and reservations applicable to a licence of occupation with respect to Crown Lands;
(d) respecting the manner and form of a forest management agreement, an industrial plan, a management plan and an operating plan;
(d.1) respecting information to be contained in a forest audit report referred to in section 31.2, including the assignment of categories to instances of non-compliance;
(d.2) prescribing information to be provided in relation to compliance action plans referred to in section 31.2 and the manner and form of providing that information;
(d.3) respecting penalties referred to in section 31.2 and the calculation of the amounts of the penalties, which may vary according to the frequency of the non-compliance and the impact of the non-compliance on the environment or on the forest resource;
(d.4) respecting the procedures to be followed in imposing penalties referred to in section 31.2 and all other matters in relation to the penalties, including prescribing the time period within which and the manner in which a penalty must be paid;
(d.5) respecting the categorization of the non-compliance by the frequency of the non-compliance and the impact of the non-compliance on the environment or on the forest resource for the purposes of paragraph (d.3), including establishing guidelines or criteria in relation to the categorization;
(d.6) respecting appeals to the Forest Audit Appeal Board referred to in section 31.4, including
(i) the powers, functions and duties of the appeal board;
(ii) the convening of a panel to hear an appeal and the selection of members of the panel;
(iii) the remuneration and expenses of members of the appeal board;
(d.7) prescribing the manner and the form of hearings and the procedures to be followed at hearings of the Forest Audit Appeal Board referred to in section 31.4;
(d.8) prescribing the manner in which and the time period within which a notice of appeal referred to in subsection 31.5(4) shall be fixed and the information to be contained in the notice of appeal;
(d.9) prescribing the manner in which a person directly affected by the findings of a forest audit report may appeal the findings of the report;
(d.10) prescribing the amount of the security required to be provided under section 31.6;
(e) respecting information to be provided in an industrial plan, a management plan and an operating plan;
(f) respecting the harvesting and removal of timber from Crown Lands;
(f.1) prohibiting and regulating wasteful cutting practices and establishing the penalties to be imposed therefor;
(g) respecting compensation to be paid under paragraph 32(d);
(h) establishing penalties to be imposed against licensees, sub-licensees and permittees in circumstances referred to in sections 36, 48 and 55;
(h.1) establishing penalties to be imposed against a holder of a right granted under subsection 56(1) in the circumstances referred to in subsection 56(3);
(i) respecting compensation for the expenses of forest management;
(j) respecting reforestation and silvicultural practices on Crown Lands;
(k) respecting information to be provided in harvesting reports required under sections 39 and 44, and subsection 53(1);
(l) prescribing classes of timber on Crown Lands;
(m) prescribing charges to be paid by a person who harvests or takes possession of timber on Crown Lands;
(m.1) prescribing the charges to be paid by a licensee when timber is cut down or damaged on Crown Lands or removed from Crown Lands;
(n) prescribing royalties for timber harvested on Crown Lands by species and classes;
(o) prescribing a rate of interest for purposes of section 60 or subsection 71.2(10);
(p) respecting the time and manner of payment of royalties and charges with respect to the harvesting of timber;
(p.1) prescribing methods for the purposes of subsection 67.1(2);
(q) respecting remuneration and reimbursement of expenses for members of the Advisory Board;
(r) respecting the duties of, and procedures to be followed by, the Advisory Board and committees of the Advisory Board;
(r.1) respecting the confidentiality of information obtained by the Advisory Board and committees of the Advisory Board;
(s) prohibiting or regulating access to, entry upon, travel upon or use of Crown Lands, including the issuing of licences of occupation, the issuing of permits and the imposition of fees;
(s.1) prescribing resources for the purposes of subsection 26(1.2);
(t) establishing a form with respect to a request referred to in section 75;
(u) prescribing classes of forest roads and prescribing standards for the construction and maintenance of forest roads of any class;
(v) respecting the posting and use of signs on Crown Lands;
(w) respecting the conduct of public auctions, calls for tenders and calls for proposals under the Act;
(w.1) specifying other access for the purposes of section 83;
(x) assigning matters to come under the control and management of the Minister;
(y) respecting the form of, and procedure to be followed in making, agreements under this Act;
(z) respecting the settlement of Crown Lands;
(aa) respecting the protection of forests from fire, insect and disease;
(bb) prescribing fees with respect to the issue or transfer of grants, conveyances, leases, licenses, sub-licenses, permits and Crown timber sales under this Act;
(bb.1) prescribing any other fee, rental or royalty payable under this Act;
(cc) prescribing forms for leases, licenses, sub-licenses and permits issued, for Crown timber sales made, and for reports required to be submitted, under this Act;
(cc.1) prescribing offences under the regulations;
(dd) generally, for the better development, protection and preservation of forests, the more beneficial use of Crown Lands and the better administration of this Act.
95(2)A regulation made under paragraph (1)(n) before July 1 of a year may be made retroactive to April 1 of the same year.
1982, c.3, s.13; 1983, c.24, s.40; 1985, c.10, s.3; 1986, c.27, s.24; 1992, c.26, s.7; 1994, c.12, s.11; 1996, c.14, s.8; 2001, c.26, s.5; 2001, c.40, s.6; 2005, c.1, s.3; 2006, c.9, s.9; 2008, c.51, s.10; 2009, c.23, s.3
Regulatory offences and penalties
95.1Any person who violates or fails to comply with a provision of the regulations that is stated to be an offence, commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.
2001, c.26, s.6
REPEAL
Repeal
96The Abandoned Lands Act, chapter A-1 of the Revised Statutes, 1973, the Crown Lands Act, chapter C-38 of the Revised Statutes, 1973, the Dams and Sluiceways Act, chapter D-3 of the Revised Statutes, 1973, the Forest Service Act, chapter F-23 of the Revised Statutes, 1973, the Reserved Roads Act, chapter R-9 of the Revised Statutes, 1973, the Stream Driving Companies Act, chapter 219 of the Revised Statutes, 1952, and the Trespasses to Lands and Lumber Act, chapter T-12 of the Revised Statutes, 1973, are repealed.
Commencement
97This Act, with the exception of sections 1, 22 and 27 which come into force upon Royal Assent, comes into force on March 31, 1982.
N.B. This Act is consolidated to June 16, 2023.