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