Acts and Regulations

C-38.1 - Crown Lands and Forests Act

Section 71.1
Disposition versions

Full text
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 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