Acts and Regulations

C-38.1 - Crown Lands and Forests Act

Section 80
Disposition versions

Full text
Offence and penalty
80(1)No person, without lawful authority, shall
(a) travel on a forest road or portion thereof that has been closed to travel, notice of which has been given pursuant to subsection 79(2),
(b) remove or deface a sign or a barricade posted or erected by the Minister pursuant to subsection 79(2),
(c) barricade or post signs on a forest road, or
(d) leave a vehicle or any equipment unattended on a forest or logging road in such a manner as to prevent the passage of another vehicle.
80(2)A person who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.
80(3)In a prosecution for an offence under this section,
(a) the posting or erecting of a sign, notice or barricade 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, notice or barricade was posted or erected under the authority of this section, and
(b) evidence that the sign, notice or barricade 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.
1983, c.24, s.35; 1990, c.61, s.30; 2008, c.51, s.9; 2016, c.37, s.44; 2019, c.29, s.170
Offence and penalty
80(1)No person, without lawful authority, shall
(a) travel on a forest road or portion thereof that has been closed to travel, notice of which has been given pursuant to subsection 79(2),
(b) remove or deface a sign or a barricade posted or erected by the Minister pursuant to subsection 79(2),
(c) barricade or post signs on a forest road, or
(d) leave a vehicle or any equipment unattended on a forest or logging road in such a manner as to prevent the passage of another vehicle.
80(2)A person who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.
80(3)In a prosecution for an offence under this section,
(a) the posting or erecting of a sign, notice or barricade 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, notice or barricade was posted or erected under the authority of this section, and
(b) evidence that the sign, notice or barricade 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.
1983, c.24, s.35; 1990, c.61, s.30; 2008, c.51, s.9; 2016, c.37, s.44
Offence and penalty
80(1)No person, without lawful authority, shall
(a) travel on a forest road or portion thereof that has been closed to travel, notice of which has been given pursuant to subsection 79(2),
(b) remove or deface a sign or a barricade posted or erected by the Minister pursuant to subsection 79(2),
(c) barricade or post signs on a forest road, or
(d) leave a vehicle or any equipment unattended on a forest or logging road in such a manner as to prevent the passage of another vehicle.
80(2)A person who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.
80(3)In a prosecution for an offence under this section,
(a) the posting or erecting of a sign, notice or barricade 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, notice or barricade was posted or erected under the authority of this section, and
(b) evidence that the sign, notice or barricade 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.
1983, c.24, s.35; 1990, c.61, s.30; 2008, c.51, s.9
Offence and penalty
80(1)No person, without lawful authority, shall
(a) travel on a forest road or portion thereof that has been closed to travel, notice of which has been given pursuant to subsection 79(2),
(b) remove or deface a sign or a barricade posted or erected by the Minister pursuant to subsection 79(2),
(c) barricade or post signs on a forest road, or
(d) leave a vehicle or any equipment unattended on a forest or logging road in such a manner as to prevent the passage of another vehicle.
80(2)A person who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.
80(3)In a prosecution for an offence under this section,
(a) the posting or erecting of a sign, notice or barricade 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, notice or barricade was posted or erected under the authority of this section, and
(b) evidence that the sign, notice or barricade 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.
1983, c.24, s.35; 1990, c.61, s.30; 2008, c.51, s.9
Offence and penalty
80(1)No person, without lawful authority, shall
(a) travel on a forest road or portion thereof that has been closed to travel, notice of which has been given pursuant to subsection 79(2),
(b) remove or deface a sign or a barricade posted or erected by the Minister pursuant to subsection 79(2),
(c) barricade or post signs on a forest road, or
(d) leave a vehicle or any equipment unattended on a forest or logging road in such a manner as to prevent the passage of another vehicle.
80(2)A person who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.
80(3)In a prosecution with respect to an offence under subsection (1), where a sign is posted on a forest road indicating that a forest road or portion thereof has been closed to travel by any class of vehicle or by any person or class of persons for all or any part of the year, or where a barricade is erected on a forest road, the sign or barricade shall be deemed to have been posted or erected, as the case may be, by the Minister.
1983, c.24, s.35; 1990, c.61, s.30