Acts and Regulations

C-38.1 - Crown Lands and Forests Act

Section 71.2
Disposition versions

Full text
Failure or refusal to comply with order to comply
71.2(1)If a person to whom an order to comply is directed fails or refuses to comply in whole or in part with the order, in the time period set out in the order, the Minister may enter on the Crown Lands, together with such persons, materials and equipment as the Minister considers necessary, using the force the Minister considers necessary, and may take such further action the Minister considers necessary to effect compliance with or to carry out the order.
71.2(2)Without limiting the generality of subsection (1), the Minister may take any one or more of the following actions to effect compliance with or to carry out an order to comply:
(a) take possession of any property or thing referred to in subsection 71(1) that is constructed, placed, left, abandoned or disposed of on Crown Lands;
(b) 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);
(c) remove any property or thing referred to in subsection 71(1) that is constructed, placed or left on Crown Lands;
(d) remove any property or thing referred to in subsection 71(1) that is abandoned or disposed of on Crown Lands;
(e) in any manner he or she sees fit, dispose of any property or thing referred to in subsection 71(1) that is constructed, placed, left, abandoned or disposed of on Crown Lands; and
(f) 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).
71.2(3)If the Minister takes possession of any property or thing referred to in subsection 71(1), the property or thing, despite section 56.5, becomes the property of the Crown and the Minister may dispose of it in the manner and at the time the Minister sees fit.
71.2(4)Before the disposal of any property or thing referred to in subsection 71(1) under an order to comply in respect of which notice is given under paragraph 71.1(4)(c), the Minister shall publish a notice of intention to dispose of the property or thing at least one month before the date of the disposition in at least one publication having general circulation in the area in which the Crown Lands to which the order relates are situated.
71.2(5)On written demand of the Minister, any cost, expense, loss, damages or charge incurred by the Minister while acting to effect compliance with or carrying out an order to comply shall be the liability of and paid by the person who failed or refused to comply with the order.
71.2(6)If more than one person has failed or refused to comply with an order to comply, those persons are jointly and severally liable.
71.2(7)If any cost, expense, loss, damages or charge referred to in subsection (5) becomes a debt due to the Crown, the Minister may prepare and file with the clerk of The Court of King’s Bench of New Brunswick a certificate certifying the amount of the costs, expenses, loss, damages or charges that the person is required to pay.
71.2(8)A certificate filed with the clerk of The Court of King’s Bench of New Brunswick has the same force and effect as if it were a judgment of The Court of King’s Bench of New Brunswick for the recovery of a debt in the amount specified in the certificate.
71.2(9)All reasonable costs and charges attendant on the preparation and filing of a certificate may be recovered as if the amount had been included in the certificate.
71.2(10)From the date on which an amount owed to the Crown under this section is required to be paid, the amount bears interest at the rate prescribed by regulation.
2008, c.51, s.7; 2023, c.17, s.55
Failure or refusal to comply with order to comply
71.2(1)If a person to whom an order to comply is directed fails or refuses to comply in whole or in part with the order, in the time period set out in the order, the Minister may enter on the Crown Lands, together with such persons, materials and equipment as the Minister considers necessary, using the force the Minister considers necessary, and may take such further action the Minister considers necessary to effect compliance with or to carry out the order.
71.2(2)Without limiting the generality of subsection (1), the Minister may take any one or more of the following actions to effect compliance with or to carry out an order to comply:
(a) take possession of any property or thing referred to in subsection 71(1) that is constructed, placed, left, abandoned or disposed of on Crown Lands;
(b) 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);
(c) remove any property or thing referred to in subsection 71(1) that is constructed, placed or left on Crown Lands;
(d) remove any property or thing referred to in subsection 71(1) that is abandoned or disposed of on Crown Lands;
(e) in any manner he or she sees fit, dispose of any property or thing referred to in subsection 71(1) that is constructed, placed, left, abandoned or disposed of on Crown Lands; and
(f) 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).
71.2(3)If the Minister takes possession of any property or thing referred to in subsection 71(1), the property or thing, despite section 56.5, becomes the property of the Crown and the Minister may dispose of it in the manner and at the time the Minister sees fit.
71.2(4)Before the disposal of any property or thing referred to in subsection 71(1) under an order to comply in respect of which notice is given under paragraph 71.1(4)(c), the Minister shall publish a notice of intention to dispose of the property or thing at least one month before the date of the disposition in at least one publication having general circulation in the area in which the Crown Lands to which the order relates are situated.
71.2(5)On written demand of the Minister, any cost, expense, loss, damages or charge incurred by the Minister while acting to effect compliance with or carrying out an order to comply shall be the liability of and paid by the person who failed or refused to comply with the order.
71.2(6)If more than one person has failed or refused to comply with an order to comply, those persons are jointly and severally liable.
71.2(7)If any cost, expense, loss, damages or charge referred to in subsection (5) becomes a debt due to the Crown, the Minister may prepare and file with the clerk of The Court of Queen’s Bench of New Brunswick a certificate certifying the amount of the costs, expenses, loss, damages or charges that the person is required to pay.
71.2(8)A certificate filed with the clerk of The Court of Queen’s Bench of New Brunswick has the same force and effect as if it were a judgment of The Court of Queen’s Bench of New Brunswick for the recovery of a debt in the amount specified in the certificate.
71.2(9)All reasonable costs and charges attendant on the preparation and filing of a certificate may be recovered as if the amount had been included in the certificate.
71.2(10)From the date on which an amount owed to the Crown under this section is required to be paid, the amount bears interest at the rate prescribed by regulation.
2008, c.51, s.7
Failure or refusal to comply with order to comply
71.2(1)If a person to whom an order to comply is directed fails or refuses to comply in whole or in part with the order, in the time period set out in the order, the Minister may enter on the Crown Lands, together with such persons, materials and equipment as the Minister considers necessary, using the force the Minister considers necessary, and may take such further action the Minister considers necessary to effect compliance with or to carry out the order.
71.2(2)Without limiting the generality of subsection (1), the Minister may take any one or more of the following actions to effect compliance with or to carry out an order to comply:
(a) take possession of any property or thing referred to in subsection 71(1) that is constructed, placed, left, abandoned or disposed of on Crown Lands;
(b) 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);
(c) remove any property or thing referred to in subsection 71(1) that is constructed, placed or left on Crown Lands;
(d) remove any property or thing referred to in subsection 71(1) that is abandoned or disposed of on Crown Lands;
(e) in any manner he or she sees fit, dispose of any property or thing referred to in subsection 71(1) that is constructed, placed, left, abandoned or disposed of on Crown Lands; and
(f) 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).
71.2(3)If the Minister takes possession of any property or thing referred to in subsection 71(1), the property or thing, despite section 56.5, becomes the property of the Crown and the Minister may dispose of it in the manner and at the time the Minister sees fit.
71.2(4)Before the disposal of any property or thing referred to in subsection 71(1) under an order to comply in respect of which notice is given under paragraph 71.1(4)(c), the Minister shall publish a notice of intention to dispose of the property or thing at least one month before the date of the disposition in at least one publication having general circulation in the area in which the Crown Lands to which the order relates are situated.
71.2(5)On written demand of the Minister, any cost, expense, loss, damages or charge incurred by the Minister while acting to effect compliance with or carrying out an order to comply shall be the liability of and paid by the person who failed or refused to comply with the order.
71.2(6)If more than one person has failed or refused to comply with an order to comply, those persons are jointly and severally liable.
71.2(7)If any cost, expense, loss, damages or charge referred to in subsection (5) becomes a debt due to the Crown, the Minister may prepare and file with the clerk of The Court of Queen’s Bench of New Brunswick a certificate certifying the amount of the costs, expenses, loss, damages or charges that the person is required to pay.
71.2(8)A certificate filed with the clerk of The Court of Queen’s Bench of New Brunswick has the same force and effect as if it were a judgment of The Court of Queen’s Bench of New Brunswick for the recovery of a debt in the amount specified in the certificate.
71.2(9)All reasonable costs and charges attendant on the preparation and filing of a certificate may be recovered as if the amount had been included in the certificate.
71.2(10)From the date on which an amount owed to the Crown under this section is required to be paid, the amount bears interest at the rate prescribed by regulation.
2008, c.51, s.7