Acts and Regulations

C-38.1 - Crown Lands and Forests Act

Full text
Regulations
95(1)The Lieutenant-Governor in Council may make regulations
(a) respecting surveys of Crown Lands;
(b) prescribing classes of leases of Crown Lands and terms and conditions applicable to each class, including the period for which a lease is granted;
(c) respecting rentals for leases of Crown Lands;
(c.1) prescribing the terms, conditions and reservations applicable to a right-of-way or easement with respect to Crown Lands;
(c.2) prescribing the terms, conditions and reservations applicable to a licence of occupation with respect to Crown Lands;
(d) respecting the manner and form of a forest management agreement, an industrial plan, a management plan and an operating plan;
(d.1) respecting information to be contained in a forest audit report referred to in section 31.2, including the assignment of categories to instances of non-compliance;
(d.2) prescribing information to be provided in relation to compliance action plans referred to in section 31.2 and the manner and form of providing that information;
(d.3) respecting penalties referred to in section 31.2 and the calculation of the amounts of the penalties, which may vary according to the frequency of the non-compliance and the impact of the non-compliance on the environment or on the forest resource;
(d.4) respecting the procedures to be followed in imposing penalties referred to in section 31.2 and all other matters in relation to the penalties, including prescribing the time period within which and the manner in which a penalty must be paid;
(d.5) respecting the categorization of the non-compliance by the frequency of the non-compliance and the impact of the non-compliance on the environment or on the forest resource for the purposes of paragraph (d.3), including establishing guidelines or criteria in relation to the categorization;
(d.6) respecting appeals to the Forest Audit Appeal Board referred to in section 31.4, including
(i) the powers, functions and duties of the appeal board;
(ii) the convening of a panel to hear an appeal and the selection of members of the panel;
(iii) the remuneration and expenses of members of the appeal board;
(d.7) prescribing the manner and the form of hearings and the procedures to be followed at hearings of the Forest Audit Appeal Board referred to in section 31.4;
(d.8) prescribing the manner in which and the time period within which a notice of appeal referred to in subsection 31.5(4) shall be fixed and the information to be contained in the notice of appeal;
(d.9) prescribing the manner in which a person directly affected by the findings of a forest audit report may appeal the findings of the report;
(d.10) prescribing the amount of the security required to be provided under section 31.6;
(e) respecting information to be provided in an industrial plan, a management plan and an operating plan;
(f) respecting the harvesting and removal of timber from Crown Lands;
(f.1) prohibiting and regulating wasteful cutting practices and establishing the penalties to be imposed therefor;
(g) respecting compensation to be paid under paragraph 32(d);
(h) establishing penalties to be imposed against licensees, sub-licensees and permittees in circumstances referred to in sections 36, 48 and 55;
(h.1) establishing penalties to be imposed against a holder of a right granted under subsection 56(1) in the circumstances referred to in subsection 56(3);
(i) respecting compensation for the expenses of forest management;
(j) respecting reforestation and silvicultural practices on Crown Lands;
(k) respecting information to be provided in harvesting reports required under sections 39 and 44, and subsection 53(1);
(l) prescribing classes of timber on Crown Lands;
(m) prescribing charges to be paid by a person who harvests or takes possession of timber on Crown Lands;
(m.1) prescribing the charges to be paid by a licensee when timber is cut down or damaged on Crown Lands or removed from Crown Lands;
(n) prescribing royalties for timber harvested on Crown Lands by species and classes;
(o) prescribing a rate of interest for purposes of section 60 or subsection 71.2(10);
(p) respecting the time and manner of payment of royalties and charges with respect to the harvesting of timber;
(p.1) prescribing methods for the purposes of subsection 67.1(2);
(q) respecting remuneration and reimbursement of expenses for members of the Advisory Board;
(r) respecting the duties of, and procedures to be followed by, the Advisory Board and committees of the Advisory Board;
(r.1) respecting the confidentiality of information obtained by the Advisory Board and committees of the Advisory Board;
(s) prohibiting or regulating access to, entry upon, travel upon or use of Crown Lands, including the issuing of licences of occupation, the issuing of permits and the imposition of fees;
(s.1) prescribing resources for the purposes of subsection 26(1.2);
(t) establishing a form with respect to a request referred to in section 75;
(u) prescribing classes of forest roads and prescribing standards for the construction and maintenance of forest roads of any class;
(v) respecting the posting and use of signs on Crown Lands;
(w) respecting the conduct of public auctions, calls for tenders and calls for proposals under the Act;
(w.1) specifying other access for the purposes of section 83;
(x) assigning matters to come under the control and management of the Minister;
(y) respecting the form of, and procedure to be followed in making, agreements under this Act;
(z) respecting the settlement of Crown Lands;
(aa) respecting the protection of forests from fire, insect and disease;
(bb) prescribing fees with respect to the issue or transfer of grants, conveyances, leases, licenses, sub-licenses, permits and Crown timber sales under this Act;
(bb.1) prescribing any other fee, rental or royalty payable under this Act;
(cc) prescribing forms for leases, licenses, sub-licenses and permits issued, for Crown timber sales made, and for reports required to be submitted, under this Act;
(cc.1) prescribing offences under the regulations;
(dd) generally, for the better development, protection and preservation of forests, the more beneficial use of Crown Lands and the better administration of this Act.
95(2)A regulation made under paragraph (1)(n) before July 1 of a year may be made retroactive to April 1 of the same year.
1982, c.3, s.13; 1983, c.24, s.40; 1985, c.10, s.3; 1986, c.27, s.24; 1992, c.26, s.7; 1994, c.12, s.11; 1996, c.14, s.8; 2001, c.26, s.5; 2001, c.40, s.6; 2005, c.1, s.3; 2006, c.9, s.9; 2008, c.51, s.10; 2009, c.23, s.3
Regulations
95(1)The Lieutenant-Governor in Council may make regulations
(a) respecting surveys of Crown Lands;
(b) prescribing classes of leases of Crown Lands and terms and conditions applicable to each class, including the period for which a lease is granted;
(c) respecting rentals for leases of Crown Lands;
(c.1) prescribing the terms, conditions and reservations applicable to a right-of-way or easement with respect to Crown Lands;
(c.2) prescribing the terms, conditions and reservations applicable to a licence of occupation with respect to Crown Lands;
(d) respecting the manner and form of a forest management agreement, an industrial plan, a management plan and an operating plan;
(d.1) respecting information to be contained in a forest audit report referred to in section 31.2, including the assignment of categories to instances of non-compliance;
(d.2) prescribing information to be provided in relation to compliance action plans referred to in section 31.2 and the manner and form of providing that information;
(d.3) respecting penalties referred to in section 31.2 and the calculation of the amounts of the penalties, which may vary according to the frequency of the non-compliance and the impact of the non-compliance on the environment or on the forest resource;
(d.4) respecting the procedures to be followed in imposing penalties referred to in section 31.2 and all other matters in relation to the penalties, including prescribing the time period within which and the manner in which a penalty must be paid;
(d.5) respecting the categorization of the non-compliance by the frequency of the non-compliance and the impact of the non-compliance on the environment or on the forest resource for the purposes of paragraph (d.3), including establishing guidelines or criteria in relation to the categorization;
(d.6) respecting appeals to the Forest Audit Appeal Board referred to in section 31.4, including
(i) the powers, functions and duties of the appeal board;
(ii) the convening of a panel to hear an appeal and the selection of members of the panel;
(iii) the remuneration and expenses of members of the appeal board;
(d.7) prescribing the manner and the form of hearings and the procedures to be followed at hearings of the Forest Audit Appeal Board referred to in section 31.4;
(d.8) prescribing the manner in which and the time period within which a notice of appeal referred to in subsection 31.5(4) shall be fixed and the information to be contained in the notice of appeal;
(d.9) prescribing the manner in which a person directly affected by the findings of a forest audit report may appeal the findings of the report;
(d.10) prescribing the amount of the security required to be provided under section 31.6;
(e) respecting information to be provided in an industrial plan, a management plan and an operating plan;
(f) respecting the harvesting and removal of timber from Crown Lands;
(f.1) prohibiting and regulating wasteful cutting practices and establishing the penalties to be imposed therefor;
(g) respecting compensation to be paid under paragraph 32(d);
(h) establishing penalties to be imposed against licensees, sub-licensees and permittees in circumstances referred to in sections 36, 48 and 55;
(h.1) establishing penalties to be imposed against a holder of a right granted under subsection 56(1) in the circumstances referred to in subsection 56(3);
(i) respecting compensation for the expenses of forest management;
(j) respecting reforestation and silvicultural practices on Crown Lands;
(k) respecting information to be provided in harvesting reports required under sections 39 and 44, and subsection 53(1);
(l) prescribing classes of timber on Crown Lands;
(m) prescribing charges to be paid by a person who harvests or takes possession of timber on Crown Lands;
(m.1) prescribing the charges to be paid by a licensee when timber is cut down or damaged on Crown Lands or removed from Crown Lands;
(n) prescribing royalties for timber harvested on Crown Lands by species and classes;
(o) prescribing a rate of interest for purposes of section 60 or subsection 71.2(10);
(p) respecting the time and manner of payment of royalties and charges with respect to the harvesting of timber;
(p.1) prescribing methods for the purposes of subsection 67.1(2);
(q) respecting remuneration and reimbursement of expenses for members of the Advisory Board;
(r) respecting the duties of, and procedures to be followed by, the Advisory Board and committees of the Advisory Board;
(r.1) respecting the confidentiality of information obtained by the Advisory Board and committees of the Advisory Board;
(s) prohibiting or regulating access to, entry upon, travel upon or use of Crown Lands, including the issuing of licences of occupation, the issuing of permits and the imposition of fees;
(s.1) prescribing resources for the purposes of subsection 26(1.2);
(t) establishing a form with respect to a request referred to in section 75;
(u) prescribing classes of forest roads and prescribing standards for the construction and maintenance of forest roads of any class;
(v) respecting the posting and use of signs on Crown Lands;
(w) respecting the conduct of public auctions, calls for tenders and calls for proposals under the Act;
(w.1) specifying other access for the purposes of section 83;
(x) assigning matters to come under the control and management of the Minister;
(y) respecting the form of, and procedure to be followed in making, agreements under this Act;
(z) respecting the settlement of Crown Lands;
(aa) respecting the protection of forests from fire, insect and disease;
(bb) prescribing fees with respect to the issue or transfer of grants, conveyances, leases, licenses, sub-licenses, permits and Crown timber sales under this Act;
(bb.1) prescribing any other fee, rental or royalty payable under this Act;
(cc) prescribing forms for leases, licenses, sub-licenses and permits issued, for Crown timber sales made, and for reports required to be submitted, under this Act;
(cc.1) prescribing offences under the regulations;
(dd) generally, for the better development, protection and preservation of forests, the more beneficial use of Crown Lands and the better administration of this Act.
95(2)A regulation made under paragraph (1)(n) before July 1 of a year may be made retroactive to April 1 of the same year.
1982, c.3, s.13; 1983, c.24, s.40; 1985, c.10, s.3; 1986, c.27, s.24; 1992, c.26, s.7; 1994, c.12, s.11; 1996, c.14, s.8; 2001, c.26, s.5; 2001, c.40, s.6; 2005, c.1, s.3; 2006, c.9, s.9; 2008, c.51, s.10; 2009, c.23, s.3
Regulations
95(1)The Lieutenant-Governor in Council may make regulations
(a) respecting surveys of Crown Lands;
(b) prescribing classes of leases of Crown Lands and terms and conditions applicable to each class, including the period for which a lease is granted;
(c) respecting rentals for leases of Crown Lands;
(c.1) prescribing the terms, conditions and reservations applicable to a right-of-way or easement with respect to Crown Lands;
(c.2) prescribing the terms, conditions and reservations applicable to a licence of occupation with respect to Crown Lands;
(d) respecting the manner and form of a forest management agreement, an industrial plan, a management plan and an operating plan;
(e) respecting information to be provided in an industrial plan, a management plan and an operating plan;
(f) respecting the harvesting and removal of timber from Crown Lands;
(f.1) prohibiting and regulating wasteful cutting practices and establishing the penalties to be imposed therefor;
(g) respecting compensation to be paid under paragraph 32(d);
(h) establishing penalties to be imposed against licensees, sub-licensees and permittees in circumstances referred to in sections 36, 48 and 55;
(h.1) establishing penalties to be imposed against a holder of a right granted under subsection 56(1) in the circumstances referred to in subsection 56(3);
(i) respecting compensation for the expenses of forest management;
(j) respecting reforestation and silvicultural practices on Crown Lands;
(k) respecting information to be provided in harvesting reports required under sections 39 and 44, and subsection 53(1);
(l) prescribing classes of timber on Crown Lands;
(m) prescribing charges to be paid by a person who harvests or takes possession of timber on Crown Lands;
(m.1) prescribing the charges to be paid by a licensee when timber is cut down or damaged on Crown Lands or removed from Crown Lands;
(n) prescribing royalties for timber harvested on Crown Lands by species and classes;
(o) prescribing a rate of interest for purposes of section 60 or subsection 71.2(10);
(p) respecting the time and manner of payment of royalties and charges with respect to the harvesting of timber;
(p.1) prescribing methods for the purposes of subsection 67.1(2);
(q) respecting remuneration and reimbursement of expenses for members of the Advisory Board;
(r) respecting the duties of, and procedures to be followed by, the Advisory Board and committees of the Advisory Board;
(r.1) respecting the confidentiality of information obtained by the Advisory Board and committees of the Advisory Board;
(s) prohibiting or regulating access to, entry upon, travel upon or use of Crown Lands, including the issuing of licences of occupation, the issuing of permits and the imposition of fees;
(s.1) prescribing resources for the purposes of subsection 26(1.2);
(t) establishing a form with respect to a request referred to in section 75;
(u) prescribing classes of forest roads and prescribing standards for the construction and maintenance of forest roads of any class;
(v) respecting the posting and use of signs on Crown Lands;
(w) respecting the conduct of public auctions, calls for tenders and calls for proposals under the Act;
(w.1) specifying other access for the purposes of section 83;
(x) assigning matters to come under the control and management of the Minister;
(y) respecting the form of, and procedure to be followed in making, agreements under this Act;
(z) respecting the settlement of Crown Lands;
(aa) respecting the protection of forests from fire, insect and disease;
(bb) prescribing fees with respect to the issue or transfer of grants, conveyances, leases, licenses, sub-licenses, permits and Crown timber sales under this Act;
(bb.1) prescribing any other fee, rental or royalty payable under this Act;
(cc) prescribing forms for leases, licenses, sub-licenses and permits issued, for Crown timber sales made, and for reports required to be submitted, under this Act;
(cc.1) prescribing offences under the regulations;
(dd) generally, for the better development, protection and preservation of forests, the more beneficial use of Crown Lands and the better administration of this Act.
95(2)A regulation made under paragraph (1)(n) before July 1 of a year may be made retroactive to April 1 of the same year.
1982, c.3, s.13; 1983, c.24, s.40; 1985, c.10, s.3; 1986, c.27, s.24; 1992, c.26, s.7; 1994, c.12, s.11; 1996, c.14, s.8; 2001, c.26, s.5; 2001, c.40, s.6; 2005, c.1, s.3; 2006, c.9, s.9; 2008, c.51, s.10
Regulations
95(1)The Lieutenant-Governor in Council may make regulations
(a) respecting surveys of Crown Lands;
(b) prescribing classes of leases of Crown Lands and terms and conditions applicable to each class, including the period for which a lease is granted;
(c) respecting rentals for leases of Crown Lands;
(d) respecting the manner and form of a forest management agreement, an industrial plan, a management plan and an operating plan;
(e) respecting information to be provided in an industrial plan, a management plan and an operating plan;
(f) respecting the harvesting and removal of timber from Crown Lands;
(f.1) prohibiting and regulating wasteful cutting practices and establishing the penalties to be imposed therefor;
(g) respecting compensation to be paid under paragraph 32(d);
(h) establishing penalties to be imposed against licensees, sub-licensees and permittees in circumstances referred to in sections 36, 48 and 55;
(h.1) establishing penalties to be imposed against a holder of a right granted under subsection 56(1) in the circumstances referred to in subsection 56(3);
(i) respecting compensation for the expenses of forest management;
(j) respecting reforestation and silvicultural practices on Crown Lands;
(k) respecting information to be provided in harvesting reports required under sections 39 and 44, and subsection 53(1);
(l) prescribing classes of timber on Crown Lands;
(m) prescribing charges to be paid by a person who harvests or takes possession of timber on Crown Lands;
(m.1) prescribing the charges to be paid by a licensee when timber is cut down or damaged on Crown Lands or removed from Crown Lands;
(n) prescribing royalties for timber harvested on Crown Lands by species and classes;
(o) prescribing a rate of interest for purposes of section 60;
(p) respecting the time and manner of payment of royalties and charges with respect to the harvesting of timber;
(p.1) prescribing methods for the purposes of subsection 67.1(2);
(q) respecting remuneration and reimbursement of expenses for members of the Advisory Board;
(r) respecting the duties of, and procedures to be followed by, the Advisory Board and committees of the Advisory Board;
(r.1) respecting the confidentiality of information obtained by the Advisory Board and committees of the Advisory Board;
(s) prohibiting or regulating access to, entry upon, travel upon or use of Crown Lands, including the issuing of licences of occupation, the issuing of permits and the imposition of fees;
(s.1) prescribing resources for the purposes of subsection 26(1.2);
(t) establishing a form with respect to a request referred to in section 75;
(u) prescribing classes of forest roads and prescribing standards for the construction and maintenance of forest roads of any class;
(v) respecting the posting and use of signs on Crown Lands;
(w) respecting the conduct of public auctions, calls for tenders and calls for proposals under the Act;
(w.1) specifying other access for the purposes of section 83;
(x) assigning matters to come under the control and management of the Minister;
(y) respecting the form of, and procedure to be followed in making, agreements under this Act;
(z) respecting the settlement of Crown Lands;
(aa) respecting the protection of forests from fire, insect and disease;
(bb) prescribing fees with respect to the issue or transfer of grants, conveyances, leases, licenses, sub-licenses, permits and Crown timber sales under this Act;
(bb.1) prescribing any other fee, rental or royalty payable under this Act;
(cc) prescribing forms for leases, licenses, sub-licenses and permits issued, for Crown timber sales made, and for reports required to be submitted, under this Act;
(cc.1) prescribing offences under the regulations;
(dd) generally, for the better development, protection and preservation of forests, the more beneficial use of Crown Lands and the better administration of this Act.
95(2)A regulation made under paragraph (1)(n) before July 1 of a year may be made retroactive to April 1 of the same year.
1982, c.3, s.13; 1983, c.24, s.40; 1985, c.10, s.3; 1986, c.27, s.24; 1992, c.26, s.7; 1994, c.12, s.11; 1996, c.14, s.8; 2001, c.26, s.5; 2001, c.40, s.6; 2005, c.1, s.3; 2006, c.9, s.9