Crown Forest Sustainability Act, 1994
S.O. 1994, c. 25
Amended by: 1996, c. 14, s. 1; 1998, c. 18, Sched. I, ss. 15-18; 2000, c. 18, s.
64; 2000, c. 26, Sched. L, s. 3; 2001, c. 9, Sched. K, s. 2.
PART I
GENERAL
Purposes
1. The purposes of this Act are to provide for the sustainability of Crown
forests and, in accordance with that objective, to manage Crown forests to
meet social, economic and environmental needs of present and future
generations. 1994, c. 25, s. 1.
Sustainability
2. (1) In this Act,
"sustainability" means long term Crown forest health. 1994, c. 25,
s. 2 (1).
Determination
(2) For the purpose of this Act and the regulations, the sustainability of
a Crown forest shall be determined in accordance with the Forest
Management Planning Manual. 1994, c. 25, s. 2 (2).
Principles
(3) The Forest Management Planning Manual shall provide for determinations
of the sustainability of Crown forests in a manner consistent with the
following principles:
1. Large, healthy, diverse and productive Crown forests and their
associated ecological processes and biological diversity should be
conserved.
2. The long term health and vigour of Crown forests should be provided
for by using forest practices that, within the limits of
silvicultural requirements, emulate natural disturbances and
landscape patterns while minimizing adverse effects on plant life,
animal life, water, soil, air and social and economic values,
including recreational values and heritage values. 1994, c. 25,
s. 2 (3).
Definitions
3. In this Act,
"Crown charges" means all prices, charges, fees, penalties, costs,
expenses, interest and fines imposed under this Act or under a forest
resource licence; ("redevances de la Couronne")
"Crown forest" means a forest ecosystem or part of a forest ecosystem that
is on land vested in Her Majesty in right of Ontario; ("forêt de la
Couronne")
"designated purpose" means a purpose designated by the regulations; ("fin
désignée")
"First Nation" means a band as defined in the Indian Act (Canada);
("première nation")
"forest ecosystem" means an ecosystem in which trees are or are capable of
being a major biological component; ("écosystème forestier")
"forest health" means the condition of a forest ecosystem that sustains the
ecosystem's complexity while providing for the needs of the people of
Ontario; ("vitalité d'une forêt")
"Forest Information Manual" means the Forest Information Manual prepared
under section 68 and approved by the regulations, including amendments to
the Manual approved by the regulations; ("Manuel relatif à l'information
forestière")
"Forest Management Planning Manual" means the Forest Management Planning
Manual prepared under section 68 and approved by the regulations, including
amendments to the Manual approved by the regulations; ("Manuel de
planification de la gestion forestière")
"forest operations" means the harvesting of a forest resource, the use of a
forest resource for a designated purpose or the renewal or maintenance of a
forest resource, and includes all related activities; ("opérations
forestières")
"Forest Operations and Silviculture Manual" means the Forest Operations and
Silviculture Manual prepared under section 68 and approved by the
regulations, including amendments to the Manual approved by the
regulations; ("Manuel relatif aux opérations forestières et à la
sylviculture")
"forest resource" means trees in a forest ecosystem, any other type of
plant life prescribed by the regulations that is in a forest ecosystem,
and parts of or residue from trees in a forest ecosystem; ("ressource
forestière")
"forest resource licence" means a licence under Part III; ("permis
forestier")
"forest resource processing facility" means a saw mill, pulp mill or any
other facility, whether fixed or mobile, where trees or other forest
resources prescribed by the regulations are processed; ("installation de
transformation de ressources forestières")
"Minister" means the Minister of Natural Resources; ("ministre")
"Ministry" means the Ministry of Natural Resources; ("ministère")
"professional forester" means a person who holds a certificate of
registration under the Professional Foresters Act, 2000; ("forestier
professionnel")
"regulations" means the regulations made under this Act; ("règlements")
"Scaling Manual" means the Scaling Manual prepared under section 68 and
approved by the regulations, including amendments to the Manual approved by
the regulations. ("Manuel de mesurage des ressources forestières") 1994,
c. 25, s. 3; 2000, c. 18, s. 64; 2000, c. 26, Sched. L, s. 3 (1, 2); 2001,
c. 9, Sched. K, s. 2 (1).
Application: Crown
4. This Act is binding on the Crown. 1994, c. 25, s. 4.
Application: provincial parks
5. This Act does not apply to a Crown forest in a provincial park within the
meaning of the Provincial Parks Act. 1994, c. 25, s. 5.
Aboriginal rights
6. This Act does not abrogate, derogate from or add to any aboriginal or
treaty right that is recognized and affirmed by section 35 of the
Constitution Act, 1982. 1994, c. 25, s. 6.
PART II
MANAGEMENT PLANNING AND INFORMATION
Management units
7. The Minister may designate all or part of a Crown forest as a management
unit for the purposes of this Act. 1994, c. 25, s. 7.
Forest management plans
8. (1) The Minister shall ensure that a forest management plan is prepared
for every management unit. 1994, c. 25, s. 8 (1).
Contents
(2) A forest management plan shall, in accordance with the Forest
Management Planning Manual,
(a) describe the forest management objectives and strategies
applicable to the management unit; and
(b) have regard to the plant life, animal life, water, soil, air and
social and economic values, including recreational values and
heritage values, of the management unit. 1994, c. 25, s. 8 (2).
Certification
(3) A forest management plan shall be certified by a professional forester
in accordance with the Forest Management Planning Manual. 1994, c. 25,
s. 8 (3).
Approval by Minister
9. (1) A forest management plan is of no effect unless it is approved by the
Minister. 1994, c. 25, s. 9 (1).
Criteria for approval
(2) The Minister shall not approve a forest management plan unless the
Minister is satisfied that the plan provides for the sustainability of
the Crown forest, having regard to the plant life, animal life, water,
soil, air and social and economic values, including recreational
values and heritage values, of the Crown forest. 1994, c. 25,
s. 9 (2).
Preparation by licensee
10. (1) The Minister may require the holder of a forest resource licence to
prepare a forest management plan for a management unit. 1994, c. 25,
s. 10 (1).
Minister's powers
(2) The Minister may approve the plan, reject it or approve it with such
modifications as may be made by the Minister. 1994, c. 25, s. 10 (2).
Amendment of plan
11. (1) The Minister may at any time, in accordance with the Forest Management
Planning Manual, amend a forest management plan that the Minister
previously approved. 1994, c. 25, s. 11 (1).
Application of subs. 9 (2)
(2) Subsection 9 (2) applies with necessary modifications to the amendment
of a forest management plan that the Minister previously approved.
1994, c. 25, s. 11 (2).
Appeals
12. If authorized by the regulations, a person may appeal a decision by the
Minister to approve a forest management plan or to amend a forest
management plan that the Minister previously approved. 1994, c. 25, s. 12.
Local citizens' committees
13. The Minister shall establish local citizens' committees to advise the
Minister on the preparation and implementation of forest management plans
and on any other matters referred to the committees by the Minister. 1994,
c. 25, s. 13.
Other advisory committees
14. The Minister may establish other advisory committees to advise the Minister
on matters under this Act, including the preparation of forest management
plans and the manuals required by section 68. 1994, c. 25, s. 14.
Forest management boards
15. (1) The Minister may establish forest management boards for such areas as
are designated by the Minister, including forest management boards for
community forests designated by the Minister. 1994, c. 25, s. 15 (1).
Functions
(2) A forest management board shall,
(a) advise the Minister on matters relating to the management of Crown
forests;
(b) prepare forest management plans on the request of the Minister;
(c) exercise any authority of the Minister under this Part that is
delegated to the board by the regulations; and
(d) perform such additional functions as are prescribed by the regulations.
1994, c. 25, s. 15 (2).
Forest operations prescriptions
16. (1) Every forest operations prescription shall be prepared in accordance
with the Forest Management Planning Manual and shall include
descriptions of,
(a) the current structure and condition of the Crown forest in the
area to which the prescription applies;
(b) harvesting, renewal and maintenance activities that will be used
to ensure that the Crown forest in the area to which the
prescription applies will be renewed and maintained;
(c) the future structure and condition of the Crown forest in the area
to which the prescription applies that are expected to result from
the activities referred to in clause (b); and
(d) any standards or guidelines used in developing the prescription.
1994, c. 25, s. 16 (1).
Certification by forester
(2) Subject to subsection (3), a forest operations prescription shall be
certified by a professional forester in accordance with the Forest
Management Planning Manual. 1994, c. 25, s. 16 (2).
Certification by person specified by Minister
(3) If the Minister is of the opinion that elements of a forest operations
prescription are not within the standard expertise of professional
foresters, the Minister may direct that those elements of the
prescription shall be certified in accordance with the Forest
Management Planning Manual by a person specified by the Minister.
1994, c. 25, s. 16 (3).
Work schedules
17. (1) The Minister may require the holder of a forest resource licence to
prepare a work schedule for the licensee's forest operations in a
management unit. 1994, c. 25, s. 17 (1).
Contents
(2) The work schedule shall be prepared in accordance with the Forest
Management Planning Manual and shall be consistent with,
(a) the applicable forest management plan; and
(b) any forest operations prescriptions that apply to the forest
operations. 1994, c. 25, s. 17 (2).
Minister's powers
(3) The Minister may approve the work schedule, reject it or approve it
with such modifications as may be made by the Minister. 1994, c. 25,
s. 17 (3).
Revision of work schedule
(4) The Minister may at any time revise a work schedule that the Minister
previously approved. 1994, c. 25, s. 17 (4).
Forest management plan
(5) A work schedule and any modification or revision to a work schedule
under subsection (3) or (4) shall be consistent with the applicable
forest management plan. 1994, c. 25, s. 17 (5).
Application of subs. 9 (2)
(6) Subsection 9 (2) applies with necessary modifications to the approval
or revision of a work schedule. 1994, c. 25, s. 17 (6).
Failure to prepare
18. If a person fails to prepare a forest management plan or work schedule that
the Minister has required the person to prepare, the Minister may cause it
to be prepared, and the person is liable to the Minister for all costs
associated with the preparation of the plan or work schedule. 1994, c. 25,
s. 18.
Records
19. The holder or former holder of a forest resource licence shall keep such
records as are prescribed by the regulations. 1994, c. 25, s. 19.
Inventories, surveys, tests and studies
20. (1) The Minister may require the holder of a forest resource licence to
conduct inventories, surveys, tests or studies in accordance with the
Forest Information Manual for the purpose of forest management
planning or ensuring compliance with this Act and the regulations.
1994, c. 25, s. 20 (1).
Failure to prepare
(2) If the licensee fails to conduct the inventories, surveys, tests or
studies as required, the Minister may cause them to be conducted, and
the licensee is liable to the Minister for all costs associated with
the conduct of the inventories, surveys, tests or studies. 1994,
c. 25, s. 20 (2).
Information
21. (1) The Minister may require the holder or former holder of a forest
resource licence to provide the Minister with information in
accordance with the Forest Information Manual for the purpose of
forest management planning or ensuring compliance with this Act and
the regulations. 1994, c. 25, s. 21 (1).
Right to deal with information
(2) The Minister may deal with information obtained under this section as
if the Minister had created the information. 1994, c. 25, s. 21 (2).
Minister's report
22. (1) The Minister shall prepare a report on the state of the Crown forests
at least once every five years. 1994, c. 25, s. 22 (1).
Tabling of report
(2) The Minister shall submit the report to the Lieutenant Governor in
Council and shall table the report in the Legislative Assembly. 1994,
c. 25, s. 22 (2).
Agreements with First Nations
23. The Minister may enter into agreements with First Nations for the joint
exercise of any authority of the Minister under this Part. 1994, c. 25,
s. 23.
PART III
FOREST RESOURCE LICENCES
Availability of resources
24. (1) If the Minister is of the opinion that forest resources in a
management unit should be made available to be harvested or to be used
for a designated purpose, the Minister shall give public notice in
such manner as he or she considers appropriate of the intention to
make the resources available. 1994, c. 25, s. 24 (1).
Competitive process
(2) The Minister shall not enter into an agreement under section 25 or
grant a licence under this Part except in accordance with a
competitive process. 1994, c. 25, s. 24 (2).
Exception
(3) Subsection (2) does not apply if,
(a) another process is required by an agreement under section 25 or by
a forest resource licence; or
(b) another process is authorized by the Lieutenant Governor in
Council. 1994, c. 25, s. 24 (3).
Supply agreements
25. (1) The Minister may, with the approval of the Lieutenant Governor in
Council, enter into an agreement to supply a person with forest
resources from a management unit. 1994, c. 25, s. 25 (1).
Forest management plan
(2) An agreement shall not be entered into under subsection (1) unless it
is consistent with the applicable forest management plan. 1994, c. 25,
s. 25 (2).
Terms and conditions
(3) An agreement under subsection (1) is subject to such terms and
conditions as may be specified in the agreement. 1994, c. 25,
s. 25 (3).
Sustainable forest licences
26. (1) The Minister may, with the approval of the Lieutenant Governor in
Council, grant a renewable licence to harvest forest resources in a
management unit that requires the licensee to carry out renewal and
maintenance activities for the benefit and on behalf of the Crown
necessary to provide for the sustainability of the Crown forest in the
area covered by the licence. 1998, c. 18, Sched. I, s. 15.
Term
(2) A licence under this section may be granted for a term of up to 20
years and the term shall be extended in accordance with subsection
(4). 1994, c. 25, s. 26 (2).
Five-year review
(3) During the term of the licence, the Minister shall conduct a review
every five years to ensure that the licensee has complied with the
terms and conditions of the licence. 1994, c. 25, s. 26 (3).
Extension of term
(4) If a review conducted under subsection (3) satisfies the Minister that
the licensee has complied with the terms and conditions of a licence,
the Minister shall, with the approval of the Lieutenant Governor in
Council, extend the term of the licence for five years. 1994, c. 25,
s. 26 (4).
Contents
(5) A licence under this section shall specify the following:
1. Requirements for the preparation by the licensee of inventories and
forest management plans.
2. The silvicultural and other standards to be met by the licensee in
carrying out forest operations.
3. Requirements for the submission of reports by the licensee to the
Minister.
4. Procedures for the periodic review of the licensee's performance
under the licence.
5. The term of the licence and any conditions applicable to the
renewal of the licence. 1994, c. 25, s. 26 (5).
Same
(6) A licence under this section shall inform the licensee of the
provisions of sections 34 and 38. 1994, c. 25, s. 26 (6).
Other licences
27. (1) The Minister may, without the approval of the Lieutenant Governor in
Council, grant a licence to harvest forest resources in a management
unit or to use forest resources in a management unit for a designated
purpose. 1994, c. 25, s. 27 (1).
Term
(2) The term of a licence under this section shall not exceed five years.
1994, c. 25, s. 27 (2).
Agreements
(3) The Minister may enter into an agreement with the holder of a licence
under this section in respect of,
(a) renewal and maintenance activities necessary to provide for the
sustainability of the Crown forest in the area covered by the
licence; or
(b) obligations of the licensee that will be performed by the Minister
in return for payment of a fee. 1996, c. 14, s. 1 (1).
Renewal of licence
(4) If the harvesting or use of the resources authorized by a licence
under this section is not completed before the licence expires, the
Minister may renew the licence for one term of one year, subject to
such terms and conditions as may be specified by the Minister. 1994,
c. 25, s. 27 (4).
Forest management plan
(5) A licence shall not be renewed under subsection (4) unless the renewal
is consistent with the applicable forest management plan. 1994, c. 25,
s. 27 (5).
Terms and conditions
28. A forest resource licence is subject to such terms and conditions as are
prescribed by the regulations and to such other terms and conditions as may
be specified in the licence. 1994, c. 25, s. 28.
Harvesting limit
29. (1) A forest resource licence that authorizes the harvesting of forest
resources is subject to the condition that the amount of forest
resources harvested shall not exceed the amount described as available
for harvesting in the applicable forest management plan. 1994, c. 25,
s. 29 (1).
Exception
(2) The Minister may in writing direct that subsection (1) does not apply
to a forest resource licence if the term of the licence does not
exceed one year and the total area covered by the licence does not
exceed 25 hectares. 1994, c. 25, s. 29 (2).
Manufacturing in Canada
30. (1) A forest resource licence that authorizes the harvesting of trees is
subject to the condition that all trees harvested shall be
manufactured in Canada into lumber, pulp or other products. 1994,
c. 25, s. 30 (1).
Exception
(2) Subsection (1) does not apply to trees that are used in Canada in an
unmanufactured state for fuel, building or other purposes. 1994,
c. 25, s. 30 (2).
Exemption by Minister
(3) The Minister may grant exemptions from subsection (1). 1994, c. 25,
s. 30 (3).
Lumber chips
(4) For the purpose of subsection (2), chips produced as a by-product of
the manufacture of lumber shall be deemed to be manufactured into
lumber. 1994, c. 25, s. 30 (4).
Prices
31. (1) The Minister may determine from time to time the prices at which
forest resources may be harvested or used for a designated purpose
under a forest resource licence. 1994, c. 25, s. 31 (1).
Effective date
(2) A determination under subsection (1) may be made to apply
retroactively to April 1 or any later date in the year in which the
determination is made. 1994, c. 25, s. 31 (2).
Annual area charge
32. (1) The holder of a forest resource licence shall pay to the Minister of
Finance an annual area charge in the amount and within the times
required by the Minister of Natural Resources in respect of the land
specified under subsection (2). 1998, c. 18, Sched. I, s. 16.
Land to be specified
(2) A forest resource licence shall specify the land in the area covered
by the licence in respect of which an annual area charge shall be paid
and shall state the total area occupied by that land. 1994, c. 25,
s. 32 (2).
Exceptions
(3) Subsections (1) and (2) do not apply in respect of a licence that only
authorizes the harvesting of killed or damaged forest resources or
that belongs to a class of licences prescribed by the regulations.
1994, c. 25, s. 32 (3).
Ownership of forest resources
33. (1) Property in forest resources that may be harvested under a forest
resource licence remains in the Crown until all Crown charges have
been paid in respect of the resources. 1994, c. 25, s. 33 (1).
Same
(2) Property in forest resources that may be used for a designated purpose
under a forest resource licence remains in the Crown. 1994, c. 25,
s. 33 (2).
Amendment of licences
34. (1) The Minister may amend a forest resource licence in accordance with
the regulations. 1994, c. 25, s. 34 (1).
Considerations
(2) In determining whether to amend a licence under this section, the
Minister shall take into consideration,
(a) any reasonable business requirement of the licensee;
(b) any collective agreement to which the licensee is a party and
which affects the harvesting of the forest resources in the
management unit to which the licence relates;
(c) values identified in the forest management plan for the management
unit to which the licence relates, including values relating to
plant life, animal life, water, soil and air and social and
economic values, including recreational values and heritage
values; and
(d) any other matter the Minister sees fit to consider. 1994, c. 25,
s. 34 (2).
Approval of L.G. in C.
(3) An amendment to a licence under section 26 may be made only with the
approval of the Lieutenant Governor in Council, unless the licensee
has agreed in writing to the amendment. 2001, c. 9, Sched. K,
s. 2 (2).
Right to make representations
(4) Before amending a licence, the Minister shall,
(a) give the licensee written notice of the Minister's intention to
amend the licence and of the reasons for the amendment; and
(b) give the licensee an opportunity to make representations to the
Minister on the proposed amendment. 1994, c. 25, s. 34 (4).
Forest management plan
(5) Any amendment to a licence shall be consistent with the applicable
forest management plan. 1994, c. 25, s. 34 (5).
Transfer of licences
35. (1) A transfer, assignment, charge or other disposition of a forest
resource licence is not valid without the written consent of the
Minister. 1994, c. 25, s. 35 (1).
Deemed transfer
(2) A forest resource licence shall be deemed to have been transferred,
assigned, charged or otherwise disposed of if,
(a) an interest in the licence is transferred, assigned, charged or
otherwise disposed of;
(b) control of a corporation that holds the licence, or a corporation
that directly or indirectly controls that corporation, is
transferred to another person; or
(c) a corporation that holds the licence amalgamates with another
corporation. 1994, c. 25, s. 35 (2).
Application of subs. (2)
(3) Subsection (2) does not apply in the following circumstances:
1. A transfer of shares by a corporation that is a licensee if the
name of the corporation does not change and the control of the
corporation is not transferred to another person.
2. An amendment to the articles of incorporation of a corporation that
is a licensee to change the name of the corporation.
3. Any other prescribed circumstances. 1994, c. 25, s. 35 (3).
No interest in land
36. A forest resource licence does not confer on the licensee any interest in
land or any right to exclusive possession of land. 1994, c. 25, s. 36.
Sale, etc., of land subject to licence
37. (1) The Minister may, subject to the Public Lands Act and to the
provisions of a licence under section 26, sell, lease, grant or
otherwise dispose of land that is subject to a forest resource
licence. 1994, c. 25, s. 37 (1).
Right to make representations
(2) Subsection (1) applies only if the Minister gives the licensee at
least 30 days written notice of the sale, lease, grant or other
disposition and gives the licensee an opportunity to make
representations to the Minister. 1994, c. 25, s. 37 (2).
Effect of sale, etc.
(3) A sale, lease, grant or other disposition of land under this section
terminates the licence in respect of the land and terminates all
rights of the licensee in respect of forest resources on the land.
1994, c. 25, s. 37 (3).
Licences on same land
38. (1) A forest resource licence may be granted under this Part in respect of
forest resources on land that is subject to another forest resource
licence. 1994, c. 25, s. 38 (1).
Agreement between licensees
(2) Before more than one forest resource licence is granted in respect of
the same land, the affected licensees and prospective licensees shall
endeavour to agree on the matters prescribed by the regulations and,
in the event of a dispute, the Minister may direct that the dispute be
resolved in accordance with the procedure prescribed by the
regulations. 1994, c. 25, s. 38 (2).
Forest management plan
(3) An agreement entered into under subsection (2) or a determination made
in accordance with the procedure prescribed by the regulations shall
be consistent with the applicable forest management plan. 1994, c. 25,
s. 38 (3).
Amendment of licence
(4) The Minister may amend a forest resource licence to accord with an
agreement under subsection (2) or with the result of the dispute
resolution procedure referred to in subsection (2). 1994, c. 25,
s. 38 (4).
Survey
39. The Minister may at any time cause a survey to be made to establish or
re-establish the boundaries of the area covered by a forest resource
licence and, unless the Minister otherwise directs, the cost of the survey
shall be borne by the licensee or, if the boundary in question is a
division line between two licensed areas, by the respective licensees in
such proportions as the Minister considers proper. 1994, c. 25, s. 39.
Crown charges
40. (1) Crown charges in respect of forest resources authorized to be
harvested or used for a designated purpose by a forest resource
licence shall be paid by the licensee whether the resources are
harvested or used by the licensee or by another person with or without
the licensee's consent. 1994, c. 25, s. 40 (1).
Property in resources
(2) Upon payment of the charges referred to in subsection (1) by the
holder of a forest resource licence, property in forest resources that
have been harvested on the land to which the licence relates during
the term of the licence vests in the licensee, whether the resources
were harvested by the licensee or by another person with or without
the licensee's consent. 1994, c. 25, s. 40 (2).
Seizure of resources
(3) The holder of a forest resource licence who has paid the charges
referred to in subsection (1) is entitled to seize all forest
resources that have been harvested during the term of the licence and
that are in the possession of a person not entitled to them. 1994,
c. 25, s. 40 (3).
Right of action
(4) The holder of a forest resource licence who has paid the charges
referred to in subsection (1) is entitled to bring an action against
any person who, during the term of the licence, harvested, damaged or
took possession of forest resources without the permission of the
licensee. 1994, c. 25, s. 40 (4).
Unpaid Crown charges
41. If Crown charges have not been paid by the holder of a forest resource
licence, the Minister may withhold any licence or approval requested by the
licensee until the Crown charges are paid. 1994, c. 25, s. 41.
PART IV
FOREST OPERATIONS
Conduct of forest operations
42. (1) A person shall not conduct forest operations in a Crown forest except
in accordance with,
(a) an applicable forest management plan;
(a.1) any forest operations prescriptions that apply to the forest
operations; and
(b) an applicable work schedule approved by the Minister. 1994, c. 25,
s. 42 (1); 1994, c. 25, s. 42 (3).
Exception
(2) The Minister may in writing direct that subsection (1) does not apply
to forest operations conducted by or on behalf of the Minister if, in
the opinion of the Minister, the forest operations are necessary to
provide for the sustainability of a Crown forest. 1994, c. 25,
s. 42 (2).
(3) Spent: 1994, c. 25, s. 42 (3).
Compliance with Manual
43. A person who conducts forest operations in a Crown forest shall comply with
the Forest Operations and Silviculture Manual. 1994, c. 25, s. 43.
Approval for harvesting
44. (1) The holder of a forest resource licence that authorizes the harvesting
of forest resources shall not begin to harvest forest resources in any
year unless the Minister has approved in writing the harvesting in the
area in which the harvesting is to occur. 1994, c. 25, s. 44 (1).
Crown charges
(2) The Minister may withhold approval under subsection (1) if the person
is in default of payment of any Crown charges. 1994, c. 25, s. 44 (2).
Measurement of resources
45. (1) A person shall not remove forest resources in a Crown forest from the
place of harvesting unless the resources have been measured and
counted by a licensed scaler. 1994, c. 25, s. 45 (1).
Methods of measurement
(2) A person who measures, counts or weighs forest resources shall do so
in accordance with the Scaling Manual. 1994, c. 25, s. 45 (2).
Exceptions
(3) Despite subsections (1) and (2), the Minister may direct that forest
resources be measured, counted or weighed at a place other than the
place of harvesting and in such manner as the Minister may direct.
1994, c. 25, s. 45 (3).
Records
46. A person who removes forest resources from a Crown forest shall keep such
records as are prescribed by the regulations. 1994, c. 25, s. 46.
Exemptions
47. The Minister may in writing direct that this Part or a provision of this
Part does not apply to forest operations conducted in accordance with a
forest resource licence if the term of the licence does not exceed one year
and the total area covered by the licence does not exceed 25 hectares.
1994, c. 25, s. 47.
PART V
TRUST FUNDS
Forest Renewal Trust
48. (1) If the Forest Renewal Trust is not established under the Crown Timber
Act before this Act comes into force, the Minister may establish in
writing a trust to be known in English as the Forest Renewal Trust and
in French as Fonds de reboisement. 1994, c. 25, s. 48 (1).
Same
(2) If the Forest Renewal Trust is established under the Crown Timber Act
before this Act comes into force, the Trust is continued under the
name Forest Renewal Trust in English and Fonds de reboisement in
French. 1994, c. 25, s. 48 (2).
Terms of Trust
(3) The Trust shall provide for reimbursement of silvicultural expenses
incurred after March 31, 1994 in respect of Crown forests in which
forest resources have been harvested and for such other matters as may
be specified by the Minister, on such terms and conditions as may be
specified by the Minister. 1994, c. 25, s. 48 (3).
Trustee
(4) The Minister may appoint a person who is not employed by the Crown as
trustee of the Trust and may provide for the trustee's remuneration
from the funds of the Trust. 1994, c. 25, s. 48 (4).
Not part of C.R.F.
(5) Money received or held by the Trust shall not form part of the
Consolidated Revenue Fund. 1994, c. 25, s. 48 (5).
Asset of Crown
(5.1) The Trust is an asset of the Crown and the money held by the Trust is
held for the benefit of the Crown. 1998, c. 18, Sched. I, s. 17.
Annual report
(6) The Trust shall report annually to the Minister on the financial
affairs of the Trust and shall give a copy of the report to the chair
of the Treasury Board. 1994, c. 25, s. 48 (6).
Tabling of report
(7) The Minister shall submit the report to the Lieutenant Governor in
Council and shall table the report in the Legislative Assembly. 1994,
c. 25, s. 48 (7).
Other reports
(8) The Trust shall provide the Minister with such other reports and
information as he or she may request. 1994, c. 25, s. 48 (8).
Forest renewal charges
49. (1) The holder of a forest resource licence shall pay forest renewal
charges to the Minister of Finance in the amounts and within the times
required by the Minister of Natural Resources. 1994, c. 25, s. 49 (1);
1996, c. 14, s. 1 (2).
Payment to Forest Renewal Trust
(2) Despite subsection (1), the Minister of Natural Resources may direct
that a licensee who harvests forest resources in an area that is
subject to a licence under section 26 shall pay forest renewal charges
to the Forest Renewal Trust instead of to the Minister of Finance.
1994, c. 25, s. 49 (2).
Separate account in C.R.F.
50. (1) Forest renewal charges received by the Minister of Finance shall be
held in a separate account in the Consolidated Revenue Fund if,
(a) the charges are received by the Minister of Finance from a
licensee who harvests forest resources in an area that is subject
to a licence under section 26; or
(b) the due date for payment of the charges to the Minister of Finance
is April 1, 1995 or later. 1994, c. 25, s. 50 (1).
Money in account
(2) Money standing to the credit of the separate account is, for the
purpose of the Financial Administration Act, money paid to Ontario for
a special purpose. 1994, c. 25, s. 50 (2).
Payments out of account
(3) The Minister of Natural Resources may direct that money be paid out of
the separate account,
(a) to the Minister of Natural Resources or a person specified by the
Minister, for payment or reimbursement of silvicultural expenses
incurred after March 31, 1994 in respect of Crown forests in which
forest resources have been harvested; or
(b) to the Forest Renewal Trust. 1994, c. 25, s. 50 (3).
Forestry Futures Trust
51. (1) If the Forestry Futures Trust is not established under the Crown
Timber Act before this Act comes into force, the Minister may
establish in writing a trust to be known in English as the Forestry
Futures Trust and in French as Fonds de rˆmserve forestier. 1994,
c. 25, s. 51 (1).
Same
(2) If the Forestry Futures Trust is established under the Crown Timber
Act before this Act comes into force, the Trust is continued under the
name Forestry Futures Trust in English and Fonds de rˆmserve forestier
in French. 1994, c. 25, s. 51 (2).
Terms of Trust
(3) The Trust shall provide for the following matters, on such terms and
conditions as may be specified by the Minister:
1. The funding of silvicultural expenses in Crown forests where forest
resources have been killed or damaged by fire or natural causes.
2. The funding of silvicultural expenses on land that is subject to a
forest resource licence, if the licensee becomes insolvent.
3. The funding of intensive stand management and pest control in
respect of forest resources in Crown forests.
4. Such other purposes as may be specified by the Minister. 1994,
c. 25, s. 51 (3).
Trustee
(4) The Minister may appoint a person who is not employed by the Crown as
trustee of the Trust and may provide for the trustee's remuneration
from the funds of the Trust. 1994, c. 25, s. 51 (4).
Payments to Trust
(5) The holder of a forest resource licence shall pay forestry futures
charges to the Trust in the amounts and within the times required by
the Minister. 1994, c. 25, s. 51 (5); 1996, c. 14, s. 1 (3).
Criteria for payments from funds of Trust
(6) Subject to the terms of the Trust, the Minister shall establish
criteria to be used in making payments from the funds of the Trust.
1994, c. 25, s. 51 (6).
Committee
(7) The Minister may establish a committee to,
(a) advise the Minister on the criteria referred to in subsection (6);
and
(b) issue directions to the trustee on how much of the funds of the
Trust shall be paid out in any year and on what payments to make
from those funds to best carry out the criteria established under
subsection (6). 1994, c. 25, s. 51 (7).
Not part of C.R.F.
(8) Money received or held by the Trust shall not form part of the
Consolidated Revenue Fund. 1994, c. 25, s. 51 (8).
Annual report
(9) The Trust shall report annually to the Minister on the financial
affairs of the Trust and shall give a copy of the report to the chair
of the Treasury Board. 1994, c. 25, s. 51 (9).
Tabling of report
(10) The Minister shall submit the report to the Lieutenant Governor in
Council and shall table the report in the Legislative Assembly. 1994,
c. 25, s. 51 (10).
Other reports
(11) The Trust shall provide the Minister with such other reports and
information as he or she may request. 1994, c. 25, s. 51 (11).
PART VI
FOREST RESOURCE PROCESSING FACILITIES
Definition
52. In this Part,
"facility" means a forest resource processing facility. 1994, c. 25, s. 52.
Licence required
53. A person shall not operate or construct a facility, increase the productive
capacity of a facility or convert a facility to another type of facility,
except in accordance with a forest resource processing facility licence
issued under this Part. 1994, c. 25, s. 53.
Issuance by Minister
54. (1) The Minister may, in accordance with the regulations, issue a forest
resource processing facility licence to a person if the Minister is
satisfied that the person has a sufficient supply of forest resources
to operate the facility. 1994, c. 25, s. 54 (1).
Effect
(2) The issuance of a forest resource processing facility licence does not
require the Minister to make forest resources available to the holder
of the licence. 1994, c. 25, s. 54 (2).
PART VII
REMEDIES AND ENFORCEMENT
Damage by forest operations
55. (1) If, in the opinion of the Minister, forest operations conducted in a
Crown forest are causing or are likely to cause loss or damage that
impairs or is likely to impair the sustainability of the Crown forest
or that is contrary to a forest management plan or a work schedule
approved by the Minister, the Minister may by order,
(a) direct that the forest operations stop;
(b) establish limits or require other changes in the forest
operations;
(c) amend the forest management plan or work schedule. 1994, c. 25,
s. 55 (1).
Application of subs. 9 (2)
(2) Subsection 9 (2) applies with necessary modifications to the amendment
of a forest management plan or work schedule under clause (1) (c).
1994, c. 25, s. 55 (2).
Repairs: Minister's powers
56. (1) If, in the opinion of the Minister, a person causes or permits damage
to water, soil, plant life or habitat for animal life in a Crown
forest, the Minister may,
(a) order the person to take such action as the Minister directs to
repair the damage or prevent further damage;
(b) take such action as the Minister considers necessary to repair the
damage or prevent further damage. 1994, c. 25, s. 56 (1).
Costs
(2) The person who caused or permitted the damage is liable to the
Minister for all costs associated with action taken by the Minister
under clause (1) (b). 1994, c. 25, s. 56 (2).
Repairs: court powers
(3) If a person causes or permits damage to water, soil, plant life or
habitat for animal life in a Crown forest, the Superior Court of
Justice, on the application of the Minister, may order the person to
take such action as the court directs to repair the damage or prevent
further damage. 1994, c. 25, s. 56 (3); 2001, c. 9, Sched. K,
s. 2 (3).
Compliance with forest resource licence
57. (1) If, in the opinion of the Minister, a person has failed to comply with
a forest resource licence, the Minister may,
(a) order the person to take such action as the Minister directs to
carry out the obligations imposed by the licence;
(b) take such action as the Minister considers necessary to carry out
the obligations imposed by the licence. 1994, c. 25, s. 57 (1).
Costs
(2) The person who failed to comply with the licence is liable to the
Minister for all costs associated with action taken by the Minister
under clause (1) (b). 1994, c. 25, s. 57 (2).
Administrative penalties
58. (1) A person who,
(a) without the authority of a forest resource licence, harvests
forest resources in a Crown forest or uses forest resources in a
Crown forest for a designated purpose is liable to a penalty of
not more than the greater of,
(i) $15,000, and
(ii) five times the value of any forest resources harvested
without the authority of a forest resource licence;
(b) fails to comply with a forest resource licence is liable to a
penalty of not more than the greater of,
(i) $15,000, and
(ii) five times the value of any forest resources harvested in
contravention of the licence;
(c) contravenes section 30 is liable to a penalty of not more than
$15,000;
(d) contravenes subsection 42 (1) is liable to a penalty of not more
than the greater of,
(i) $15,000, and
(ii) five times the value of any forest resources harvested in
contravention of subsection 42 (1);
(e) contravenes section 43 or 44, subsection 45 (1) or (3) or section
53 is liable to a penalty of not more than $15,000;
(f) fails to comply with an order made under clause 55 (1) (a) or (b),
56 (1) (a) or 57 (1) (a) is liable to a penalty of not more than
$15,000, in addition to any costs for which the person is liable
under subsection 56 (2) or 57 (2);
(g) fails to provide information to the Minister or to an employee or
agent of the Ministry as required under this Act or the
regulations is liable to a penalty of not more than $2,000;
(h) fails to keep records required by this Act or the regulations or
interferes with an employee or agent of the Ministry or a person
appointed by the Minister acting under section 62 is liable to a
penalty of not more than $5,000. 1994, c. 25, s. 58 (1).
Notice
(2) If, in the opinion of the Minister, a person is liable to a penalty
under subsection (1), the Minister may give a notice to the person by
registered mail,
(a) setting out the facts and circumstances that, in the Minister's
opinion, render the person liable to a penalty;
(b) specifying the amount of the penalty that the Minister considers
proper in the circumstances; and
(c) informing the person of the person's right to make representations
under subsection (4). 1994, c. 25, s. 58 (2).
Limitation period
(3) No notice shall be sent under subsection (2) more than two years after
the act or omission that, in the opinion of the Minister, renders the
person liable to a penalty. 1994, c. 25, s. 58 (3); 2000, c. 26,
Sched. L, s. 3 (3).
Right to make representations
(4) A person to whom notice is sent under subsection (2) may, within 30
days after receiving the notice, make representations to the Minister
on whether a penalty should be imposed and on the amount of any
penalty. 1994, c. 25, s. 58 (4).
Decision whether to impose penalty
(5) After considering any representations made under subsection (4), the
Minister shall decide whether to impose a penalty on the person and,
if a penalty is imposed, the Minister shall fix the amount of the
penalty and set a date by which the penalty shall be paid. 1994,
c. 25, s. 58 (5).
Notice of decision
(6) The Minister shall send notice of his or her decision to the person by
registered mail. 1994, c. 25, s. 58 (6).
Court action
(7) The Minister may bring an action in a court of competent jurisdiction
to recover a penalty imposed under this section and the court shall,
(a) determine whether the person is liable to a penalty under
subsection (1); and
(b) if the person is liable to a penalty, give judgment for the amount
of the penalty imposed by the Minister or such other amount as the
court considers just. 1994, c. 25, s. 58 (7).
Forestry Futures Trust
(8) If the Forestry Futures Trust is established or continued under
section 51, penalties imposed under this section shall be paid to the
Forestry Futures Trust. 1994, c. 25, s. 58 (8).
Suspension or cancellation of forest resource licence
59. (1) The Minister may suspend or cancel a forest resource licence, in whole
or in part, if,
(a) the licensee fails to comply with the licence;
(b) the licensee fails to comply with the Forest Management Planning
Manual, the Forest Information Manual or the Forest Operations and
Silviculture Manual;
(c) the licensee fails to prepare a forest management plan or work
schedule that the licensee is required to prepare under subsection
10 (1) or 17 (1);
(d) the licensee contravenes section 30 or subsection 42 (1) or
45 (1);
(e) the licensee fails to comply with an order made under clause
55 (1) (a) or (b) or clause 56 (1) (a);
(f) without the authority of a forest resource licence, the licensee
harvests forest resources in a Crown forest or uses forest
resources in a Crown forest for a designated purpose;
(g) the licensee fails to pay Crown charges;
(h) the licensee fails to provide information to the Minister or to an
employee or agent of the Ministry as required under this Act or
the regulations;
(i) the licensee becomes insolvent;
(j) the licence conflicts with an earlier licence; or
(k) the suspension or cancellation is authorized for another reason
prescribed by the regulations. 1994, c. 25, s. 59 (1).
Approval of L.G. in C.
(2) The Minister shall not, without the approval of the Lieutenant
Governor in Council, cancel or suspend a licence granted under section
26. 1994, c. 25, s. 59 (2).
Right to make representations
(3) Before suspending or cancelling a licence, the Minister shall,
(a) give the licensee written notice of the Minister's intention to
suspend or cancel the licence and of the reasons for the
suspension or cancellation; and
(b) give the licensee an opportunity to make representations to the
Minister on why the licence should not be suspended or cancelled.
1994, c. 25, s. 59 (3).
Seizure of forest resources and products
60. (1) An employee or agent of the Ministry may seize and detain forest
resources or a product manufactured from forest resources if any of
the following circumstances exist:
1. The person for the time being in possession or control of the
forest resources or product refuses or fails to inform the employee
or agent of the name and address of the person from whom the
resources or product was received or of any fact within the
person's knowledge respecting the resources or product.
2. The employee or agent believes on reasonable grounds that the
forest resources or the forest resources from which the product was
manufactured have not been measured, counted or weighed as required
under this Act.
3. The employee or agent believes on reasonable grounds that Crown
charges are owing in respect of the forest resources, the forest
resources from which the product was manufactured, or any other
forest resources.
4. The employee or agent believes on reasonable grounds that the
forest resources or the forest resources from which the product was
manufactured were removed from a Crown forest in contravention of
this Act or the regulations. 1994, c. 25, s. 60 (1).
Removal of seized material
(2) Forest resources or products that are seized under subsection (1) may
be removed to such place as the employee or agent considers proper for
the protection of the resources or product. 1994, c. 25, s. 60 (2).
Seizure from carrier
(3) If forest resources or products are seized when in possession of a
carrier, they shall be removed by the carrier to such place as the
employee or agent may direct, but,
(a) the Minister is liable for transportation and all other proper
charges incurred in consequence of the directions given by the
employee or agent; and
(b) the seizure does not affect any lien to which the carrier is
entitled in respect of the forest resources or products up to the
time of the seizure. 1994, c. 25, s. 60 (3).
Mixture with other forest resources
(4) If forest resources liable to seizure have been mixed with other
forest resources so as to render it impractical or difficult to
distinguish the forest resources liable to seizure from the other
forest resources with which they are mixed, all of the forest
resources so mixed may be seized and detained. 1994, c. 25, s. 60 (4).
Forfeiture
(5) If forest resources or products manufactured from forest resources are
seized and no claim to recover them is made within 30 days from the
date of the seizure, the forest resources or products shall be deemed
to be forfeited to and becomes the property of the Crown and may be
dealt with in such manner as the Minister may direct. 1994, c. 25,
s. 60 (5).
Expenses
(5.1) Subject to subsection (9), the expenses incurred in seizing and
detaining the forest resources or products shall be paid by the person
from whom they are seized. 2000, c. 26, Sched. L, s. 3 (4).
Application for release
(6) A person claiming to be the owner of forest resources or products that
have been seized may apply to the Superior Court of Justice for an
order for their release from seizure and their delivery to the person.
1994, c. 25, s. 60 (6); 2001, c. 9, Sched. K, s. 2 (4).
Interim order for release
(7) On motion, the court may order the forest resources or products to be
released from seizure and delivered to the applicant on receipt of a
bond of the applicant, with two good and sufficient sureties, in an
amount not less than the market value of the forest resources or
products and the expenses incurred in seizing and detaining them, to
be forfeited to the Crown if the applicant is declared by the court
not to be the owner of the forest resources or products. 1994, c. 25,
s. 60 (7); 2000, c. 26, Sched. L, s. 3 (5).
Order as to ownership
(8) On an application under subsection (6), the court shall determine the
ownership of the forest resources or products and shall make an order,
(a) declaring the applicant to be the owner,
(i) free of any claim for Crown charges, or
(ii) subject to payment of such Crown charges as the court finds to
be owing; or
(b) declaring the applicant not to be the owner and directing that the
bond, if any, be forfeited to the Crown. 1994, c. 25, s. 60 (8).
Expenses
(9) The court may make such order as it considers proper as to the
expenses incurred in seizing and detaining the forest resources or
products. 2000, c. 26, Sched. L, s. 3 (6).
Disposal
(10) If the applicant is declared not to be the owner of the forest
resources or products, they shall be disposed of in such manner as the
Minister determines. 1994, c. 25, s. 60 (10).
Limit on disposal
(11) A disposition under subsection (10) may not occur until at least 30
days after the forest resources or products were seized. 1994, c. 25,
s. 60 (11).
Entry on private land
61. (1) Subject to subsection (2), an employee or agent of the Ministry and
any person accompanying him or her and acting under his or her
instructions may, at all reasonable times and on producing proper
identification,
(a) enter private land for the purposes of this Act if forest
resources or products manufactured from forest resources are, or
are reasonably believed to be, located or processed on the private
land; or
(b) cross private land for the purpose of reaching a Crown forest.
2000, c. 26, Sched. L, s. 3 (7).
Search warrant
(2) An employee or agent of the Ministry or a person accompanying him or
her shall not enter a room or place actually used as a dwelling
without the consent of the occupier except under the authority of a
search warrant issued under section 158 of the Provincial Offences
Act. 1994, c. 25, s. 61 (2).
Inspection of records
62. An employee or agent of the Ministry or a person appointed by the Minister
may, at all reasonable times and on producing proper identification,
inspect any records required to be kept under this Act. 1994, c. 25, s. 62.
Lien for Crown charges
63. (1) Crown charges in respect of forest resources removed from a Crown
forest under the authority of a forest resource licence are a lien and
charge on the forest resources and on any products manufactured from
the forest resources, in preference and priority to all other claims.
1994, c. 25, s. 63 (1).
Notice of lien
(2) If forest resources or products manufactured from forest resources are
subject to a lien and charge under subsection (1) and are under
seizure or attachment by a sheriff or bailiff of a court, or are
claimed by or in the possession of an assignee for the benefit of
creditors, a liquidator or a trustee in bankruptcy, or have been
converted into cash that has not been distributed, the Minister may
give the sheriff, bailiff, assignee, liquidator or trustee in
possession of the forest resources, products or cash, notice of the
amount owing under the lien and charge, and the sheriff, bailiff,
assignee, liquidator or trustee shall pay the amount owing to the
Minister of Finance in preference to and priority over all other
claims. 1994, c. 25, s. 63
(2).
Offences
64. (1) A person who,
(a) without the authority of a forest resource licence, harvests
forest resources in a Crown forest or uses forest resources in a
Crown forest for a designated purpose is guilty of an offence and
on conviction is liable to a fine of not more than $100,000;
(b) fails to comply with a forest resource licence is guilty of an
offence and on conviction is liable to a fine of not more than
$100,000;
(c) contravenes subsection 42 (1) or section 43 or 53 is guilty of an
offence and on conviction is liable to a fine of not more than
$100,000;
(d) fails to comply with an order made under clause 55 (1) (a) is
guilty of an offence and on conviction is liable to a fine of not
more than $1,000,000;
(e) obstructs an employee or agent of the Ministry acting under
section 60, 61 or 62 is guilty of an offence and is liable on
conviction to a fine of not more than $10,000;
(f) makes or takes advantage of a false statement with respect to any
matter under this Act or the regulations is guilty of an offence
and is liable on conviction to a fine of not more than $10,000;
(g) fails to provide information to the Minister or to an employee or
agent of the Ministry as required under this Act or the
regulations is guilty of an offence and is liable on conviction to
a fine of not more than $10,000;
(h) contravenes any other provision of this Act or the regulations is
guilty of an offence and is liable on conviction to a fine of not
more than $100,000. 1994, c. 25, s. 64 (1); 1996, c. 14, s. 1 (4);
2000, c. 26, Sched. L, s. 3 (8).
Penalty imposed under s. 58
(2) A person shall not be convicted of an offence under this section in
respect of an act or omission for which a penalty was imposed on the
person under section 58. 1994, c. 25, s. 64 (2).
Limitation period
(3) A prosecution for an offence under this section shall not be commenced
more than two years after the offence was committed. 1994, c. 25, s.
64 (3).
PART VIII
MISCELLANEOUS
Renewed resources
65. All forest resources renewed in a Crown forest are property of the Crown.
1994, c. 25, s. 65.
Scaler's licence
66. (1) The Minister may issue a licence to a scaler in accordance with the
regulations. 1994, c. 25, s. 66 (1).
Suspension or cancellation
(2) The Minister may suspend or cancel a scaler's licence if the scaler,
(a) fails to measure, count or weigh forest resources in accordance
with the Scaling Manual; or
(b) provides false information to the Minister or fails to provide
information to the Minister when requested to do so. 1994, c. 25,
s. 66 (2).
Right to make representations
(3) Before suspending or cancelling a scaler's licence, the Minister
shall,
(a) give the scaler written notice of the Minister's intention to
suspend or cancel the licence and of the reasons for the
suspension or cancellation; and
(b) give the scaler an opportunity to make representations to the
Minister on why the licence should not be suspended or cancelled.
1994, c. 25, s. 66 (3).
Registered mail
67. A document sent by registered mail under this Act shall be deemed to be
received on the fifth day after mailing. 1994, c. 25, s. 67.
Manuals
68. (1) The Minister shall require the following manuals to be prepared by the
Ministry:
1. Forest Management Planning Manual.
2. Forest Information Manual.
3. Forest Operations and Silviculture Manual.
4. Scaling Manual. 1994, c. 25, s. 68 (1).
Forest Management Planning Manual
(2) The Minister shall ensure that every forest management plan complies
with the Forest Management Planning Manual. 1994, c. 25, s. 68 (2).
Same
(3) The Forest Management Planning Manual shall contain provisions
respecting,
(a) the contents and preparation of forest management plans, forest
operations prescriptions and work schedules, including public
involvement and decision-making processes;
(b) determinations of the sustainability of Crown forests for the
purposes of this Act and the regulations in accordance with
section 2;
(c) the requirement that management objectives in each forest
management plan be compatible with the sustainability of the Crown
forest; and
(d) the requirement that indicators be identified in each forest
management plan to assess the effectiveness of activities in
achieving management objectives and to assess the sustainability
of the Crown forest. 1994, c. 25, s. 68 (3).
Same, amendments
(4) An amendment to the Forest Management Planning Manual shall be subject
to review and comment by the public in accordance with the
regulations. 1994, c. 25, s. 68 (4).
Same
(5) The Forest Management Planning Manual shall require that every forest
management plan contain,
(a) a description of the current structure, composition and condition
of the Crown forest;
(b) management objectives relating to,
(i) Crown forest diversity objectives, including consideration for
the conservation of natural landscape patterns, forest
structure and composition, habitat for animal life and the
abundance and distribution of forest ecosystems,
(ii) social and economic objectives, including harvest levels and a
recognition that healthy forest ecosystems are vital to the
well-being of Ontario communities,
(iii) objectives relating to the provision of forest cover for those
values that are dependent on the Crown forest,
(iv) silviculture objectives for the harvest, renewal and
maintenance of the Crown forest; and
(c) a description of the future structure, composition and condition
of the Crown forest. 1994, c. 25, s. 68 (5).
Forest Information Manual
(6) The Forest Information Manual may contain provisions respecting
information systems, inventories, surveys, tests and studies that may
be required by the Minister in respect of Crown forests and respecting
information to be provided to the Minister in respect of Crown
forests. 1994, c. 25, s. 68 (6).
Forest Operations and Silviculture Manual
(7) The Forest Operations and Silviculture Manual shall contain provisions
respecting forest operations, including,
(a) standards for forest operations;
(b) standards for silvicultural practices;
(c) minimum qualifications for persons specified in the manual who are
engaged in forest operations; and
(d) assessment procedures and standards to be used in the evaluation
of forest operations and forest management. 1994, c. 25,
s. 68 (7).
Scaling Manual
(8) The Scaling Manual may contain provisions respecting the measurement,
counting and weighing of forest resources from Crown forests,
including the methods of measuring, counting and weighing forest
resources of various types and in various circumstances and the
conduct of scaling audits. 1994, c. 25, s. 68 (8).
Geographic scope
(9) A manual prepared under this section may apply to all of Ontario or
separate manuals may be prepared for different parts of Ontario. 1994,
c. 25, s. 68 (9).
Effect of manual
(10) A manual prepared under this section or an amendment to a manual is of
no effect unless,
(a) the manual or amendment is published by the Ministry and available
to the public; and
(b) the manual or amendment is approved by the regulations. 1994,
c. 25, s. 68 (10).
Regulations
69. (1) The Lieutenant Governor in Council may make regulations,
1. designating purposes for the purpose of the definition of
"designated purpose" in subsection 3 (1);
2. prescribing types of plant life for the purpose of the definition
of "forest resource" in subsection 3 (1);
3. prescribing forest resources for the purpose of the definition of
"forest resource processing facility" in subsection 3 (1);
4. governing appeals under section 12;
5. prescribing the records to be kept by holders and former holders of
forest resource licences;
6. prescribing terms and conditions applicable to forest resource
licences;
7. Repealed: 1998, c. 18, Sched. I, s. 18 (1).
8. prescribing classes of licences for the purposes of subsection
32 (3);
9. governing the amendment of forest resource licences;
10. prescribing a fee for obtaining the consent referred to in
subsection 35 (1);
11. prescribing circumstances in which subsection 35 (2) does not
apply;
12. requiring information specified by the regulations to be provided
when a forest resource licence is transferred;
13. prescribing matters on which licensees shall endeavour to agree
under subsection 38 (2);
14. governing the resolution of disputes under subsection 38 (2);
15. prescribing the records to be kept by persons who remove forest
resources from Crown forests;
16. Repealed: 1996, c. 14, s. 1 (5).
17. fixing the dates by which Crown charges are payable, requiring the
payment of interest on overdue payments and prescribing the method
for determining the amount of interest payable;
18. governing the Forestry Futures Trust;
19. governing the issuance, transfer, renewal, amendment, suspension
and cancellation of forest resource processing facility licences
and governing the determination of whether a person has a
sufficient supply of forest resources to operate a forest resource
processing facility;
20. exempting a forest resource processing facility from section 53;
21. prescribing the fees payable for forest resource processing
facility licences;
22. prescribing the term of forest resource processing facility
licences;
23. imposing conditions as to the location, mechanical efficiency and
operating methods of forest resource processing facilities;
24. providing for the inspection of forest resource processing
facilities;
25. prescribing the returns that forest resource processing facility
licensees shall make to the Minister, including the sources,
species, quantities and disposition of forest resources processed;
26. prescribing other reasons for which a forest resource licence may
be cancelled or suspended under section 59;
27. delegating any authority of the Minister under Part II to a forest
management board and prescribing additional functions of a forest
management board;
28. governing the qualifications and licensing of scalers, including
prescribing fees for licensing examinations and scalers' licences;
29. approving a manual prepared under section 68 or an amendment to a
manual;
30. governing public reviews and comments referred to in subsection
68 (4);
31. governing the establishment and conduct of independent audits
reporting to the Legislative Assembly relating to compliance with
this Act;
32. governing the harvesting and disposition of trees that are not in
Crown forests but are reserved to the Crown, including requiring a
licence for the harvesting or disposition of those trees and
including making any provision of Part VII, except section 64,
applicable, with such modifications as may be specified by the
regulations, to the harvesting and disposition of those trees.
1994, c. 25, s. 69 (1); 1996, c. 14, s. 1 (5); 1998, c. 18,
Sched. I, s. 18 (1); 2000, c. 26, Sched. L, s. 3 (9).
General or particular
(2) A regulation under subsection (1) may be general or particular. 1994,
c. 25, s. 69 (2).
Appeals
(3) A regulation under paragraph 4 of subsection (1) may designate or
establish the person or body to hear the appeals. 1994, c. 25,
s. 69 (3).
(4) Repealed: 1998, c. 18, Sched. I, s. 18 (2).
PART IX
TRANSITIONAL PROVISIONS
Management units
70. A Crown management unit established by the Minister under section 4 of the
Crown Timber Act and in existence immediately before this section comes
into force shall be deemed to be a management unit established by the
Minister under this Act. 1994, c. 25, s. 70.
Forest management plans
71. (1) A management plan or operating plan approved by the Minister under
section 26 of the Crown Timber Act and in existence immediately before
this section comes into force shall be deemed to be a forest
management plan approved by the Minister under this Act. 1994, c. 25,
s. 71 (1).
Same
(2) A plan for the management of Crown timber on a sustained yield basis
and for carrying out operations necessary for such management,
prepared under an agreement under section 6 of the Crown Timber Act,
approved by the Minister under section 26 of that Act and in existence
immediately before this section comes into force shall be deemed to be
a forest management plan approved by the Minister under this Act.
1994, c. 25, s. 71 (2).
Same
(3) A plan that is deemed by subsection (1) or (2) to be a forest
management plan approved by the Minister under this Act shall be
deemed to comply with this Act until the earlier of the following
dates:
1. The date the plan expires.
2. The fifth anniversary of the day this section comes into force.
1994, c. 25, s. 71 (3).
Same
(4) Section 12 does not permit an appeal of the deemed approval of a plan
under subsection (1) or (2). 1994, c. 25, s. 71 (4).
Same
(5) If, immediately before this section comes into force, there is no plan
in respect of a Crown management unit established under section 4 of
the Crown Timber Act that is deemed by subsection (1) or (2) to be a
forest management plan approved by the Minister under this Act,
subsection 8 (1) of this Act does not apply to the management unit
until the fifth anniversary of the day this section comes into force.
1994, c. 25, s. 71 (5).
Work schedules
72. (1) An annual plan approved by the Minister under section 27 of the Crown
Timber Act and in existence immediately before this section comes into
force shall be deemed to be a work schedule approved by the Minister
under this Act. 1994, c. 25, s. 72 (1).
Same
(2) A plan that is deemed by subsection (1) to be a work schedule approved
by the Minister under this Act shall be deemed to comply with this Act
until the earlier of the following dates:
1. The date the plan expires.
2. The first anniversary of the day this section comes into force.
1994, c. 25, s. 72 (2).
Supply agreements
73. An agreement entered into under section 4 of the Crown Timber Act and in
existence immediately before this section comes into force shall be deemed
to be an agreement entered into under section 25 of this Act. 1994, c. 25,
s. 73.
Sustainable forest licences
74. (1) An agreement entered into under section 6 of the Crown Timber Act and
in existence immediately before this section comes into force shall be
deemed to be a licence granted under section 26 of this Act and the
terms and conditions of the agreement shall be deemed to be the terms
and conditions of the licence. 1994, c. 25, s. 74 (1).
Same
(2) No action or other proceeding shall be brought in respect of any loss
or damage arising from,
(a) the enactment of subsection (1);
(b) the amendment of a forest resource licence under section 34 or 38;
(c) the granting of a subsequent forest resource licence under section
38; or
(d) the suspension or cancellation of a forest resource licence under
section 59. 1994, c. 25, s. 74 (2).
Same
(3) An agreement that is deemed by subsection (1) to be a licence granted
under section 26 of this Act shall be deemed to comply with this Act.
1994, c. 25, s. 74 (3).
Other forest resource licences
75. (1) A licence granted under section 2, 3 or 5 of the Crown Timber Act and
in existence immediately before this section comes into force shall be
deemed to be a licence granted under section 27 of this Act. 1994,
c. 25, s. 75 (1).
Same
(2) Despite subsection 27 (2) and the provisions of the licence, a licence
granted under section 3 of the Crown Timber Act for a term of more
than five years expires on the earlier of the following dates:
1. The date the licence expires according to the provisions of the
licence.
2. The later of the following dates:
i. The first anniversary of the day this section comes into force.
ii. The fifth anniversary of the day the licence came into effect.
1994, c. 25, s. 75 (2).
Same
(3) No action or other proceeding shall be brought in respect of loss or
damage arising from the enactment of subsection (2). 1994, c. 25,
s. 75 (3).
Same
(4) A licence that is deemed by subsection (1) to be a licence granted
under section 27 of this Act shall be deemed to comply with this Act.
1994, c. 25, s. 75 (4).
Forest resource processing facility licences
76. A licence granted under section 47 of the Crown Timber Act and in existence
immediately before this section comes into force shall be deemed to be a
forest resource processing facility licence issued under Part VI of this
Act. 1994, c. 25, s. 76.
Scalers' licences
77. A licence issued under section 38 of the Crown Timber Act and in existence
immediately before this section comes into force shall be deemed to be a
scaler's licence issued under section 66 of this Act. 1994, c. 25, s. 77.
http://www.e-laws.gov.on.ca/
Ontario Statutes and Regulations
http://www.ert.gov.on.ca/index30.htm
Environmental Review Tribunal
http://www.ene.gov.on.ca/envision/env_reg/er/registry.htm
Environmental Registry of Ontario
http://www.ene.gov.on.ca/envision/env_reg/ebr/index.htm
Environmental Bill of Rights Homepage
http://www.eco.on.ca/
Environmental Commissioner of Ontario
http://www.mnr.gov.on.ca/
Ontario Ministry of Natural Resources
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