THE CROWN FOREST SUSTAINABILITY ACT, 1994
Statutes of Ontario, 1994, Chapter 25

AMENDED BY: 1996, C. 14, S. 1; 1998, C. 18, SCHED. I, SS. 15-18.

PART I
GENERAL

1. 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.

2.(1) Sustainability

2. 2.(1) In this Act, "sustainability" means long term Crown forest health.

2.(2)Determination

2.(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.

2.(3)Principles

2.(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;

"Crown forest" means a forest ecosystem or part of a forest ecosystem that is on land vested in Her Majesty in right of Ontario and under the management of the Minister;

"designated purpose" means a purpose designated by the regulations; "First Nation" means a band as defined in the Indian Act (Canada); "forest ecosystem" means an ecosystem in which trees are or are capable of being a major biological component;

"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;

"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;

"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;

"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;

"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;

"forest resource" means trees in a forest ecosystem and any other type of plant life prescribed by the regulations that is in a forest ecosystem;

"forest resource licence" means a licence under Part III;

"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 initially processed;

"Minister" means the Minister of Natural Resources;

"Ministry" means the Ministry of Natural Resources;

"professional forester" means a person registered under The Ontario Professional Foresters Association Act, 1957 (Statutes of Ontario, 1957, chapter 149);

"regulations" means the regulations made under this Act;

"Scaling Manual" means the Scaling Manual prepared under section 68 and approved by the regulations, including amendments to the Manual approved by the regulations. 1994, c. 25, s. 3.

4. Application: Crown

4. This Act is binding on the Crown. 1994, c. 25, s. 4. 5. 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.

6. 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.

7. 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.

8.(1) Forest management plans

8. 8.(1) The Minister shall ensure that a forest management plan is prepared for every management unit.

8.(2)Contents

8.(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.

8.(3)Certification

8.(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.

9.(1) Approval by Minister

9. 9.(1) A forest management plan is of no effect unless it is approved by the Minister.

9.(2)Criteria for approval

9.(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.

10.(1) Preparation by licensee

10. 10.(1) The Minister may require the holder of a forest resource licence to prepare a forest management plan for a management unit.

10.(2)Minister's powers

10.(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.

11.(1) Amendment of plan

11. 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.

11.(2)Application of subs. 9 (2)

11.(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.

12. 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.

13. 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.

14. 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.

15.(1) Forest management boards

15. 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.

15.(2)Functions

15.(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.

16.(1) Forest operations prescriptions

16. 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.

16.(2)Certification by forester

16.(2) Subject to subsection (3), a forest operations prescription shall be certified by a professional forester in accordance with the Forest Management Planning Manual.

16.(3)Certification by person specified by Minister

16.(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.

17.(1) Work schedules

17. 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.

17.(2)Contents

17.(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.

17.(3)Minister's powers

17.(3) The Minister may approve the work schedule, reject it or approve it with such modifications as may be made by the Minister.

17.(4)Revision of work schedule

17.(4) The Minister may at any time revise a work schedule that the Minister previously approved.

17.(5)Forest management plan

17.(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.

17.(6)Application of subs. 9 (2)

17.(6) Subsection 9 (2) applies with necessary modifications to the approval or revision of a work schedule. 1994, c. 25, s. 17.

18. 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.

19. 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.

20.(1) Inventories, surveys, tests and studies

20. 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.

20.(2)Failure to prepare

20.(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.

21.(1) Information

21. 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.

21.(2)Right to deal with information

21.(2) The Minister may deal with information obtained under this section as if the Minister had created the information. 1994, c. 25, s. 21.

22.(1) Minister's report

22. 22.(1) The Minister shall prepare a report on the state of the Crown forests at least once every five years.

22.(2)Tabling of report

22.(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.

23. 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.

24.(1) Availability of resources

24. 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.

24.(2)Competitive process

24.(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.

24.(3)Exception

24.(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.

25.(1) Supply agreements

25. 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.

25.(2)Forest management plan

25.(2) An agreement shall not be entered into under subsection (1) unless it is consistent with the applicable forest management plan.

25.(3)Terms and conditions

25.(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. 26.(1) Sustainable forest licences

26. 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.

26.(2)Term

26.(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).

26.(3)Five-year review

26.(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.

26.(4)Extension of term

26.(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.

26.(5)Contents

26.(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.

26.(6)Same

26.(6) A licence under this section shall inform the licensee of the provisions of sections 34 and 38. 1994, c. 25, s. 26 (2-6).

27.(1) Other licences

27. 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.

27.(2)Term

27.(2) The term of a licence under this section shall not exceed five years. 1994, c. 25, s. 27 (1, 2).

27.(3)Agreements

27.(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).

27.(4)Renewal of licence

27.(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.

27.(5)Forest management plan

27.(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 (4, 5).

28. 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.

29.(1) Harvesting limit

29. 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.

29.(2)Exception

29.(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.

30.(1) Manufacturing in Canada

30. 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.

30.(2)Exception

30.(2) Subsection (1) does not apply to trees that are used in Canada in an unmanufactured state for fuel, building or other purposes.

30.(3)Exemption by Minister

v 30.(3) The Minister may grant exemptions from subsection (1).

30.(4)Lumber chips

30.(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.

31.(1) Prices

31. 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.

31.(2)Effective date

31.(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.

32.(1) Annual area charge

32. 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.

32.(2)Land to be specified

32.(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.

32.(3)Exceptions

32.(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 (2, 3).

33.(1) Ownership of forest resources

33. 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.

33.(2)Same

33.(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.

34.(1) Amendment of licences

34. 34.(1) The Minister may amend a forest resource licence in accordance with the regulations.

34.(2)Considerations

34.(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.

34.(3)Approval of L.G. in C.

34.(3) In the case of a licence under section 26, an amendment is subject to the approval of the Lieutenant Governor in Council.

34.(4)Right to make representations

34.(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.

34.(5)Forest management plan

34.(5) Any amendment to a licence shall be consistent with the applicable forest management plan. 1994, c. 25, s. 34.

35.(1) Transfer of licences

35. 35.(1) A transfer, assignment, charge or other disposition of a forest resource licence is not valid without the written consent of the Minister.

35.(2)Deemed transfer

35.(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.

35.(3)Application of subs. (2)

35.(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.

36. 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.

37.(1) Sale, etc., of land subject to licence

37. 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.

37.(2)Right to make representations

37.(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.

37.(3)Effect of sale, etc.

37.(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.

38.(1) Licences on same land

38. 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.

38.(2)Agreement between licensees

38.(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.

38.(3)Forest management plan

38.(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.

38.(4)Amendment of licence

38.(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.

39. 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.

40.(1) Crown charges

40. 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.

40.(2)Property in resources

40.(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.

40.(3)Seizure of resources

40.(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.

40.(4)Right of action

40.(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.

41. 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.

42.(1) Conduct of forest operations

42. 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, 3).

42.(2)Exception

42.(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).

42.(3)

42.(3) Spent: 1994, c. 25, s. 42 (3).

43. 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.

44.(1) Approval for harvesting

44. 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.

44.(2)Crown charges

44.(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.

45.(1) Measurement of resources

45. 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.

45.(2)Methods of measurement

45.(2) A person who measures, counts or weighs forest resources shall do so inaccordancewith the Scaling Manual.

45.(3)Exceptions

45.(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.

46. 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.

47. 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.

48.(1) Forest Renewal Trust

48. 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.

48.(2)Same

48.(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.

48.(3)Terms of Trust

48.(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.

48.(4)Trustee

48.(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.

48.(5)Not part of C.R.F.

48.(5) Money received or held by the Trust shall not form part of the Consolidated Revenue Fund. 1994, c. 25, s. 48 (1-5).

48.(5.1)Asset of Crown

48.(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.

48.(6)Annual report

48.(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.

48.(7)Tabling of report

48.(7) The Minister shall submit the report to the Lieutenant Governor in Council and shall table the report in the Legislative Assembly.

48.(8)Other reports

48.(8) The Trust shall provide the Minister with such other reports and information as he or she may request. 1994, c. 25, s. 48 (6-8).

49.(1) Forest renewal charges

49. 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).

49.(2)Payment to Forest Renewal Trust

49.(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).

50.(1) Separate account in C.R.F.

50. 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.

50.(2)Money in account

50.(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.

50.(3)Payments out of account

50.(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.

51.(1) Forestry Futures Trust

51. 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 réserve forestier.

51.(2)Same

51.(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 réserve forestier in French.

51.(3)Terms of Trust

51.(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.

51.(4)Trustee

51.(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 (1-4).

51.(5)Payments to Trust

51.(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).

51.(6)Criteria for payments from funds of Trust

51.(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.

51.(7)Committee

51.(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).

51.(8)Not part of C.R.F.

51.(8) Money received or held by the Trust shall not form part of the Consolidated Revenue Fund.

51.(9)Annual report

51.(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.

51.(10)Tabling of report

51.(10) The Minister shall submit the report to the Lieutenant Governor in Council and shall table the report in the Legislative Assembly.

51.(11)Other reports

51.(11) The Trust shall provide the Minister with such other reports and information as he or she may request. 1994, c. 25, s. 51 (6-11).

52. Definition

52. In this Part,
"facility" means a forest resource processing facility. 1994, c. 25, s. 52.

53. 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.

54.(1) Issuance by Minister

54. 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.

54.(2)Effect

54.(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.

55.(1) Damage by forest operations

55. 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.

55.(2)Application of subs. 9 (2)

68.(10)Effect of manual

68.(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.

69.(1) Regulations

69. 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;

. . . . .

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;

. . . . .

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 a Crown forest but are reserved to the Crown. 1994, c. 25, s. 69 (1); 1996, c. 14, s. 1 (5); 1998, c. 18, Sched. I, s. 18 (1).

69.(2)General or particular

69.(2) A regulation under subsection (1) may be general or particular.

69.(3)Appeals

69.(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 (2, 3).

69.(4)

69.(4) Repealed: 1998, c. 18, Sched. I, s. 18 (2).

70. 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.

71.(1) Forest management plans

71. 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.

71.(2)Same

71.(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.

71.(3)Same

71.(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.

71.(4)Same

71.(4) Section 12 does not permit an appeal of the deemed approval of a plan under subsection (1) or (2).

71.(5)Same

71.(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.

72.(1) Work schedules

72. 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.

72.(2)Same

72.(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.

73. 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.

74.(1) Sustainable forest licences

74. 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.

74.(2)Same

74.(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.

74.(3)Same

74.(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.

75.(1) Other forest resource licences

75. 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.

75.(2)Same

75.(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.

75.(3)Same

75.(3) No action or other proceeding shall be brought in respect of loss or damage arising from the enactment of subsection (2).

75.(4)Same

75.(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.

76. 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.

77. 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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