Acts and Regulations

C-38.1 - Crown Lands and Forests Act

Section 64
Disposition versions

Full text
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
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 forest service officer to seize timber and processed wood pursuant to this section.
1983, c.24, s.29
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 forest service officer to seize timber and processed wood pursuant to this section.
1983, c.24, s.29