Acts and Regulations

C-38.1 - Crown Lands and Forests Act

Section 71.5
Disposition versions

Full text
Posting of Crown Lands to protect public safety, public health and the environment
71.5(1)If, in the Minister’s opinion, posting of Crown Lands is required in order to protect public safety, public health or the environment, the Minister may cause to be posted or erected on the Crown Lands signs or notices prohibiting, controlling or governing any use or activity on Crown Lands.
71.5(2)No person, without lawful authority, shall
(a) enter, occupy or use Crown Lands in contravention of a sign or notice if the sign or notice has been posted or erected pursuant to subsection (1),
(b) damage, deface or remove a sign or notice posted or erected by the Minister pursuant to subsection (1), or
(c) post or erect signs or notices on Crown Lands.
71.5(3)Paragraph (2)(a) does not apply to
(a) an inspector designated under the Clean Environment Act, the Clean Air Act or the Clean Water Act or a medical officer of health or an inspector as defined in the Public Health Act,
(b) a person carrying out his or her duties as an employee or agent of the Department,
(c) a person exercising his or her responsibilities, duties and powers under another Act of the Legislature or of Canada, or
(d) any other person who is providing assistance in the case of an emergency.
71.5(4)A person who violates or fails to comply with subsection (2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.
71.5(5) In a prosecution for an offence under this section,
(a) the posting or erecting of a sign or notice under this section that shows the Province of New Brunswick galley logo and bears the inscription “Department of Natural Resources and Energy Development” or “Natural Resources and Energy Development” is, in the absence of evidence to the contrary, proof that the sign or notice was posted or erected under the authority of this section, and
(b) evidence that the sign or notice was in existence both before and after the conduct in question is, in the absence of evidence to the contrary, proof that it was in existence at all material times.
2008, c.51, s.7; 2016, c.37, s.44; 2017, c.42, s.78; 2019, c.29, s.170
Posting of Crown Lands to protect public safety, public health and the environment
71.5(1)If, in the Minister’s opinion, posting of Crown Lands is required in order to protect public safety, public health or the environment, the Minister may cause to be posted or erected on the Crown Lands signs or notices prohibiting, controlling or governing any use or activity on Crown Lands.
71.5(2)No person, without lawful authority, shall
(a) enter, occupy or use Crown Lands in contravention of a sign or notice if the sign or notice has been posted or erected pursuant to subsection (1),
(b) damage, deface or remove a sign or notice posted or erected by the Minister pursuant to subsection (1), or
(c) post or erect signs or notices on Crown Lands.
71.5(3)Paragraph (2)(a) does not apply to
(a) an inspector designated under the Clean Environment Act, the Clean Air Act or the Clean Water Act or a medical officer of health or an inspector as defined in the Public Health Act,
(b) a person carrying out his or her duties as an employee or agent of the Department,
(c) a person exercising his or her responsibilities, duties and powers under another Act of the Legislature or of Canada, or
(d) any other person who is providing assistance in the case of an emergency.
71.5(4)A person who violates or fails to comply with subsection (2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.
71.5(5) In a prosecution for an offence under this section,
(a) the posting or erecting of a sign or notice under this section that shows the Province of New Brunswick galley logo and bears the inscription “Department of Energy and Resource Development” or “Energy and Resource Development” is, in the absence of evidence to the contrary, proof that the sign or notice was posted or erected under the authority of this section, and
(b) evidence that the sign or notice was in existence both before and after the conduct in question is, in the absence of evidence to the contrary, proof that it was in existence at all material times.
2008, c.51, s.7; 2016, c.37, s.44; 2017, c.42, s.78
Posting of Crown Lands to protect public safety, public health and the environment
71.5(1)If, in the Minister’s opinion, posting of Crown Lands is required in order to protect public safety, public health or the environment, the Minister may cause to be posted or erected on the Crown Lands signs or notices prohibiting, controlling or governing any use or activity on Crown Lands.
71.5(2)No person, without lawful authority, shall
(a) enter, occupy or use Crown Lands in contravention of a sign or notice if the sign or notice has been posted or erected pursuant to subsection (1),
(b) damage, deface or remove a sign or notice posted or erected by the Minister pursuant to subsection (1), or
(c) post or erect signs or notices on Crown Lands.
71.5(3)Paragraph (2)(a) does not apply to
(a) an inspector designated under the Clean Environment Act, the Clean Air Act or the Clean Water Act or an officer as defined in the Health Act,
(b) a person carrying out his or her duties as an employee or agent of the Department,
(c) a person exercising his or her responsibilities, duties and powers under another Act of the Legislature or of Canada, or
(d) any other person who is providing assistance in the case of an emergency.
71.5(4)A person who violates or fails to comply with subsection (2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.
71.5(5) In a prosecution for an offence under this section,
(a) the posting or erecting of a sign or notice under this section that shows the Province of New Brunswick galley logo and bears the inscription “Department of Energy and Resource Development” or “Energy and Resource Development” is, in the absence of evidence to the contrary, proof that the sign or notice was posted or erected under the authority of this section, and
(b) evidence that the sign or notice was in existence both before and after the conduct in question is, in the absence of evidence to the contrary, proof that it was in existence at all material times.
2008, c.51, s.7; 2016, c.37, s.44
Posting of Crown Lands to protect public safety, public health and the environment
71.5(1)If, in the Minister’s opinion, posting of Crown Lands is required in order to protect public safety, public health or the environment, the Minister may cause to be posted or erected on the Crown Lands signs or notices prohibiting, controlling or governing any use or activity on Crown Lands.
71.5(2)No person, without lawful authority, shall
(a) enter, occupy or use Crown Lands in contravention of a sign or notice if the sign or notice has been posted or erected pursuant to subsection (1),
(b) damage, deface or remove a sign or notice posted or erected by the Minister pursuant to subsection (1), or
(c) post or erect signs or notices on Crown Lands.
71.5(3)Paragraph (2)(a) does not apply to
(a) an inspector designated under the Clean Environment Act, the Clean Air Act or the Clean Water Act or an officer as defined in the Health Act,
(b) a person carrying out his or her duties as an employee or agent of the Department of Natural Resources,
(c) a person exercising his or her responsibilities, duties and powers under another Act of the Legislature or of Canada, or
(d) any other person who is providing assistance in the case of an emergency.
71.5(4)A person who violates or fails to comply with subsection (2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.
71.5(5) In a prosecution for an offence under this section,
(a) the posting or erecting of a sign or notice under this section that shows the Province of New Brunswick galley logo and bears the inscription “Department of Natural Resources” or “Natural Resources” is, in the absence of evidence to the contrary, proof that the sign or notice was posted or erected under the authority of this section, and
(b) evidence that the sign or notice was in existence both before and after the conduct in question is, in the absence of evidence to the contrary, proof that it was in existence at all material times.
2008, c.51, s.7
Posting of Crown Lands to protect public safety, public health and the environment
71.5(1)If, in the Minister’s opinion, posting of Crown Lands is required in order to protect public safety, public health or the environment, the Minister may cause to be posted or erected on the Crown Lands signs or notices prohibiting, controlling or governing any use or activity on Crown Lands.
71.5(2)No person, without lawful authority, shall
(a) enter, occupy or use Crown Lands in contravention of a sign or notice if the sign or notice has been posted or erected pursuant to subsection (1),
(b) damage, deface or remove a sign or notice posted or erected by the Minister pursuant to subsection (1), or
(c) post or erect signs or notices on Crown Lands.
71.5(3)Paragraph (2)(a) does not apply to
(a) an inspector designated under the Clean Environment Act, the Clean Air Act or the Clean Water Act or an officer as defined in the Health Act,
(b) a person carrying out his or her duties as an employee or agent of the Department of Natural Resources,
(c) a person exercising his or her responsibilities, duties and powers under another Act of the Legislature or of Canada, or
(d) any other person who is providing assistance in the case of an emergency.
71.5(4)A person who violates or fails to comply with subsection (2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.
71.5(5) In a prosecution for an offence under this section,
(a) the posting or erecting of a sign or notice under this section that shows the Province of New Brunswick galley logo and bears the inscription “Department of Natural Resources” or “Natural Resources” is, in the absence of evidence to the contrary, proof that the sign or notice was posted or erected under the authority of this section, and
(b) evidence that the sign or notice was in existence both before and after the conduct in question is, in the absence of evidence to the contrary, proof that it was in existence at all material times.
2008, c.51, s.7