Acts and Regulations

C-38.1 - Crown Lands and Forests Act

Section 70
Disposition versions

Full text
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70(2)Repealed: 2008, c.51, s.5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
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
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)Any improvements made to Crown Lands by a person who has entered upon Crown Lands otherwise than under the authority of this or any other Act or under the authority of the Minister are the property of the Crown.
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.