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Ulf T. Runesson

Faculty of Natural
Resources Management,
Lakehead University

955 Oliver Road,
Thunder Bay, Ontario,
Canada P7B 5E1

Phone:
     (807) 343-8784

Fax:
     (807) 346-7769

E-Mail:
     ulf.runesson@lakeheadu.ca
 





                      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.





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