Acts and Regulations

C-38.1 - Crown Lands and Forests Act

Section 27
Disposition versions

Full text
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
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