REVISED STATUTES, 1989
(k) "forest management program" means a program designed to provide for more effective management of Crown lands and to encourage and assist private landowners to manage their land more effectively by providing professional and technical advice and assistance, training programs and suitable financial incentives;
(n) "inventory" means a stock taking of forest-stand characteristics and volumes by means of aerial mapping and sampling on the ground to arrive at estimates of volume, growth and drain by selected categories;
(p) "nursery stock" means coniferous or hardwood seedlings, transplants, grafts or trees propagated or grown in a nursery and having the roots attached and includes cuttings having or not having roots attached;
(s) "silviculture" means the science and art of cultivating forest crops and, more particularly, the theory and practice of controlling the establishment, composition, constitution and growth of forests;
(a) encouraging and assisting private landowners to manage their land more effectively by providing professional and technical advice and assistance, training programs and suitable financial incentives;
(2) Notwithstanding subsection (1), the Minister may engage, upon such terms and conditions as the Minister deems fit, the services of such persons as the Minister deems necessary for the efficient carrying out of the intent and purpose of this Act and the regulations.
(3) The Minister may appoint or designate a senior employee of the Department to direct and co-ordinate policy and program development and the conduct of strategic studies in support of the continuing development and utilization of the forest resources of the Province and promote more and better marketing opportunities.
(4) The Minister may appoint or designate a senior employee of the Department to be Chief Forester of the Province to direct the development of an increased forest management program including resource planning, silviculture, research and protection.
(5) The Minister may appoint or designate a senior employee of the Department to co-ordinate a forestry extension service which will enhance the capability to serve and support private woodlot owners and to develop communication programs to display a strong commitment to forestry to the people of the Province and promote greater public awareness of the importance of good forestry.
(6) In the exercise of duties pursuant to this Act, a conservation officer has the powers, authority, privileges and immunities of a conservation officer appointed pursuant to the Wildlife Act. R.S., c. 179, s. 6 .
(a) the consideration of a wide variety of factors, including desired rotation, availability of land for forest management, eligibility and priority of harvesting, forest renewal and stand tending, and size of silviculture programs required;
(c) the preparation of operational forest management plans for Crown lands and the development and implementation of compatible forest management programs for privately owned lands in co-operation with the owners or occupiers of private land.
(a) be designed to facilitate suitable natural regeneration wherever practical and involve selection cutting or the harvesting of individual trees or groups of trees within a stand and the shelterwood harvest system involving one or more partial cuts carried out a decade or two before the final harvest;
(i) reflect prevailing hazards with respect to forest insects, diseases and fire and related protection requirements and provide appropriate information and advice to owners or occupiers of forest land. R.S., c. 179, s. 9.
10 The Minister shall ensure that wildlife, wildlife habitats and the long term diversity and stability of the forest ecosystems, water supply watersheds and other significant resources are managed. R.S., c. 179, s. 10 .
10A Notwithstanding Section 9, where the Governor in Council, pursuant to clause (j) of Section 40, makes regulations respecting mandatory standards for sustainable forest management practices to protect wildlife habitats, watercourses, wetlands and other significant resources, those regulations are binding on privately owned lands and lands owned by the Crown. 1998, c. 29, s. 4 .
(2) Subsection (1) does not apply to the owner of forest land or a producer who harvests less than four hundred and fifty cubic metres solid, or such greater amount as prescribed by regulation, or the equivalent of primary forest products in any calendar year. 1998, c. 29, s. 4 .
(4) Except as approved by the Minister, no person shall directly or indirectly sell or offer for sale or dispose of by gift or otherwise nursery stock furnished pursuant to this Act. R.S., c. 179, s. 11.
(c) undertake trials to evaluate cultural practices for Christmas tree production, provenance trials to determine the best seed sources and site suitability, and nursery trials to improve stock quality and minimize production costs;
13 The Minister may facilitate and promote appropriate training of silvicultural workers in consultation and in co-operation with various departments and agencies of government and the private sector. R.S., c. 179, s. 13 .
16 With the approval of the Governor in Council, the Minister may enter into agreements with the Government of Canada or an agency thereof, with another provincial government or an agency thereof, with a municipality or an agency thereof or with any person for any purpose related to this Act or the regulations. R.S., c. 179, s. 16.
17 (1) The Minister may enter into agreements with group management ventures to provide incentive assistance and professional and technical advice to manage private land included within a service area agreed upon by the Minister and the group.
(2) The Minister may enter into agreements with owners or occupiers of privately owned land for the integration of any aspect of the forest management of their land with the management of Crown lands.
(3) The Minister may provide incentive assistance and scientific and technical advice to owners or occupiers of privately owned land to assist them in improving the management of their land. R.S., c. 179, s. 18 .
(2) A buyer of forest products who intends to acquire primary forest products shall submit to the Minister for approval, on an annual basis and in accordance with the regulations, a wood acquisition plan setting out the manner in which the acquisition may be made on a sustainable basis.
(3) For the purpose of subsection (2), where it is proved that a person acquired primary forest products in a year in the Province, in an amount greater than the volume prescribed by regulation, the acquisition is prima facie evidence that the person intended to acquire that amount of primary forest products in that year.
(5) A buyer of forest products who holds an approved wood acquisition plan shall make available to the Department any information necessary for the purpose of monitoring the implementation of the wood acquisition plan.
(a) contributions for silviculture programs on privately owned forest lands from buyers of forest products or producers where an agreement providing for a contribution has been entered into with the Minister in accordance with an approved wood acquisition plan;
(c) in accordance with the Finance Act, money that accrues from any programs of the Province, including programs conducted under agreements with other governments, entered into for any of the purposes for which the Fund is established.
(3) Money may only be expended from the Sustainable Forestry Fund in accordance with the Finance Act and only for the purpose of funding silviculture programs on privately owned lands. 1998, c. 29, s. 5; 2010, c. 2, s. 101 .
20 (1) The Timber Loan Board established pursuant to Chapter 7 of the Acts of 1965 is hereby continued and the chairman, members and staff thereof shall be the persons who from time to time are the chairman, members and staff, respectively, of the Nova Scotia Farm Loan Board.
(2) The Timber Loan Board may make loans to persons for the purchase of forest land in such amounts and upon such terms and conditions as may be prescribed by regulations made pursuant to subsection (4).
(3) The authority contained in the Agriculture and Rural Credit Act for the provision of funds for the use of the Nova Scotia Farm Loan Board shall extend and be applicable to the Timber Loan Board in making loans and in defraying its expenses.
21 (1) The Minister shall undertake all measures which the Minister determines to be reasonable to provide for effective protection of the forests whether Crown lands, other land vested in the Crown or privately owned land from various injurious agents, including fires, insects and diseases.
(3) In co-operation with the Canadian Forestry Service, the Minister shall monitor forest insect and disease conditions and provide appropriate information and advice to owners and occupiers of privately owned land.
(2) Every city or incorporated town, and a regional municipality with respect to that area of the regional municipality that was a city or town immediately prior to the incorporation of the regional municipality, shall at its own expense take reasonable steps to extinguish fires in the woods within its boundaries and, where a conservation officer deems the action being taken is not adequate, the Minister may take reasonable steps to control and extinguish the fire.
(3) Nothing in this Act imposes any obligation on the Minister to fight fires on any land or the Crown to pay compensation for any property destroyed or damaged by fire or as a result of fighting a fire. R.S., c. 179, s. 22; 1998, c. 18, s. 559 .
(a) by or on behalf of a person if the fire is for cooking or obtaining warmth or as a distress signal and the fire is made in a suitable place and precautions are taken against the spreading of the fire;
(c) by a person for the disposal of household refuse or garbage if the fire is confined to a suitable container equipped with a spark arrester, is in an area where there is no brush or flammable material and precautions are taken against the spreading of the fire; or
(8) A fire permit may by verbal or written notice be cancelled or suspended at any time by a conservation officer and upon receiving notice of such cancellation or suspension, the permit holder shall extinguish any fire started under the permit.
(9) The possessor of a valid burning permit or any person acting on that person's behalf who ignites or causes a fire to be ignited shall take every reasonable precaution to prevent the fire from spreading and shall not leave the fire unattended until it is extinguished. R.S., c. 179, s. 23 .
24 (1) Notwithstanding any other provision of this Act, the Minister may, whenever the Minister deems it necessary for the protection of woods, by proclamation, prohibit the setting of fires for any purpose in woods or within one thousand feet of woods in any part or parts of the Province during the period specified in the proclamation.
(2) Where a proclamation is made pursuant to subsection (1), no person shall ignite or cause to be ignited a fire in the woods or within one thousand feet of woods in a part or parts of the Province during the period specified in the proclamation.
25 (1) Whenever deemed necessary for the protection of the woods, the Minister may at any time by proclamation set aside for any period of time a restricted travel zone in any area of woods upon which no person shall enter for the purpose of travelling, camping, fishing or picnicking, or any other purpose, without a travel permit.
(3) Subsections (1) and (2) do not apply to the owner or occupier of woods or the servants, agents or assigns thereof, conservation officers, surveyors and any other person designated from time to time by order of the Minister.
26 (1) For the purpose of controlling and extinguishing a fire in the woods, a conservation officer may requisition the use of any privately owned equipment and encourage people to assist in extinguishing a fire.
(4) Every person who is aware that a fire has started and exists in any woods shall notify a conservation officer or the Department and any person who neglects or refuses to do so is guilty of an offence. R.S., c. 179, s. 26 .
27 (1) No person who is in the woods or within one thousand feet of the woods during the fire season shall throw, drop or otherwise deposit any burning match, cigarette, cigar or smoking material, live coals, hot ashes or burning substance, or fail to extinguish any such thing.
(2) Where a person is permitted to ignite a fire pursuant to this Act, that person shall take every reasonable effort to prevent the fire from spreading and shall not leave the fire unattended until it is completely extinguished.
(3) No person shall ignite or cause to be ignited a fire on privately owned land without the permission of the owner or occupier except in an emergency situation for cooking or warmth or as a distress signal and only if the fire is made in a suitable place and precautions taken against the spreading of the fire.
(4) Every person in charge of a forestry operation, or any other activity, conducted in the woods or within one thousand feet of the woods shall provide and maintain at the place of the forestry operation such fire fighting equipment as is required by the regulations.
(5) No person shall operate in the woods or within one thousand feet of the woods any burner, engine, incinerator or other spark emitting outlet that is not provided with an adequate device for arresting sparks.
(6) No person shall refuel or leave unattended a power saw or like equipment in the woods or within one thousand feet of the woods unless the equipment has cooled to the point where it is unlikely to cause fire or has been put in a place where it is unlikely to start a fire.
(7) No person shall, in the woods, store or transport gasoline, fuel oil or a similar volatile flammable substance in a container other than one approved for the purpose by the Canadian Standards Association.
(8) During the fire season, any person in charge of a group entering the woods for any purpose shall ensure that that person and any persons under that person's charge are fully informed of the provisions of this Act and the regulations pertaining to forest fire protection. R.S., c. 179, s. 27 .
28 (1) Every person having charge of any camp, mine, mill, wood processing facility, or garbage dump located in the woods or within one thousand feet of the woods shall have the area surrounding the site cleared of flammable debris for a distance of at least one hundred feet or such further distance as may be required by a conservation officer.
(2) During the fire season or at any other time as directed by a conservation officer, any owner or operator or person in charge of a wood processing facility who ignites a fire or allows a fire to be ignited in any trimming, edgings, sawdust or refuse on the premises shall not leave the fire unattended.
(3) Where a fire is burning or starts in woods where a forestry operation or any other operation is being carried on, the person in charge of the operation shall take immediate action to control and extinguish the fire and for that purpose shall employ at that person's expense the necessary personnel and equipment.
(4) When the person in charge of the forestry operation or any other operation in woods is unable to control or extinguish a fire, that person shall report the same to the Department and be available, with any services under the person's control, to assist the Department. R.S., c. 179, s. 28 .
29 (1) Where a conservation officer finds on any land, structure or equipment a condition that in the opinion of the conservation officer may cause a fire resulting in damage to any property or woods, the conservation officer may direct the owner or occupier thereof or the person who has caused the fire hazard to take such action as the conservation officer considers necessary to remove the fire hazard.
(2) Where a person has been directed to remove the fire hazard described in subsection (1) and fails to comply, a conservation officer may enter upon the land to take such action as the conservation officer deems necessary and the Minister may recover any associated costs and expenses.
30 (1) No owner or occupier of land shall leave any slash, brush or flammable material within the boundaries of a public highway or within fifty feet of the travelled portion of any public highway for longer than ten days.
(2) Any conservation officer, upon inspection of any such slash, brush or other flammable material may by a statement in writing describing the same and the place where it is situate, exempt the same from the application of subsection (1) for a definite period of time to be defined in such statement.
(3) Any person who clears forest land near a public highway for any purpose shall dispose of the debris to the satisfaction of a conservation officer or, if that person intends to burn the debris, shall pile and burn the debris in accordance with a permit to burn. R.S., c. 179, s. 30 .
31 The provisions of any order, rule or direction of the Canadian Transport Commission or its successors and of the railway transport committee established by that Commission respecting the prevention and control of fires and the payment of costs apply mutatis mutandis to any railway that is subject to the legislative jurisdiction of the Province. R.S., c. 179, s. 31 .
32 Conservation officers, employees of the Department and such other persons as are appointed by the Minister pursuant to this Act, together with people assisting them, may, for the purpose of ensuring compliance with this Act and the regulations and any order made under this Act or the regulations,
(e) enter upon any land for the purpose of performing the person's duties and functions pursuant to this Act and the regulations, including the monitoring of the implementation of a wood acquisition plan. 1998, c. 29, s. 6 .
32A Where a conservation officer believes on reasonable and probable grounds that a person responsible for a forest harvesting operation has contravened or will contravene this Act or the regulations, the conservation officer may, whether or not the person has been charged or convicted in respect of the contravention, issue an order requiring the person, at that person's expense, to
34 (1) A conservation officer may arrest a person for any offence pursuant to this Act and detain that person in custody after arrest if on reasonable and probable grounds the officer believes that the arrest and detention is necessary
(2) Where a conservation officer arrests or detains a person pursuant to subsection (1), the conservation officer shall comply with the provisions of the Summary Proceedings Act. R.S., c. 179, s. 34 .
35 No person shall obstruct or cause or incite another to obstruct a conservation officer in the exercise of authority pursuant to this Act or the regulations or any person assisting the conservation officer in the exercise of that authority. R.S., c. 179, s. 35.
(2) Where an offence under this Act or the regulations is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.
(3) Where a person has been convicted of an offence under this Act or the regulations and the court is satisfied that monetary benefits accrued to the person as a result of the commission of the offence,
36A (1) In a prosecution for an offence under this Act or the regulations, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused.
(2) Where a corporation commits an offence under this Act or the regulations, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the violation of this Act or the regulations is guilty of the offence and is liable to the punishment provided for the offence, whether or not the corporation has been prosecuted.
(3) Unless otherwise provided in this Act, no person shall be convicted of an offence under this Act or the regulations if the person establishes that the person exercised all due diligence to prevent the commission of the offence. 1998, c. 29, s. 7 .
36B Where a person is convicted of an offence, the court may, in addition to any punishment imposed and having regard to the nature of the offence and the circumstances surrounding its commission, make an order containing one or more of the following prohibitions, directions or requirements:
(c) directing the person to post a bond or to pay into court an amount of money that the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement pursuant to this Section;
(2) A document purporting to have been issued by the Minister certifying the day on which the Minister became aware of evidence of the offence is admissible without proof of the signature or the official character of the individual appearing to have signed the document and, in the absence of evidence to the contrary, is proof of the matter certified. 1998, c. 29, s. 7 .
37 In addition to any penalty imposed pursuant to this Act, the court may impose the full cost or any portion of the cost or expense incurred by the Minister or Department or city or incorporated town or regional municipality in controlling or extinguishing a fire, together with costs or expenses related to the loss of fibre and rehabilitation of the area burned or for removing a fire hazard. R.S., c. 179, s. 37; 1998, c. 18, s. 559.
39 No action in trespass or nuisance may be brought against the Crown or its agents for the doing of any act or the carrying out of any operation necessarily incidental to the exercise of any duty or power pursuant to this Act or the regulations except where such trespass or nuisance results in actual injury to the person or actual damage to property. R.S., c. 179, s. 39 .
(c) designating classes of operations and activities and governing the equipment, staff and precautions to be provided or observed in respect of fire prevention or suppression by persons engaged in any class of operation or activity;
(id) requiring the payment of a levy on the production of Christmas trees for use in research in and promotion of the Christmas tree industry, including provisions for enforcement of the collection of the levy, requiring registration of those members of the industry designated to collect the levy, increases in the levy and refunds of the levy;
(j) prescribing methods and standards for sustainable forest management practices to protect wildlife habitats, watercourses, wetlands and other significant resources and requiring compliance with the prescribed methods and standards;
(l) determining the statistical information respecting forest products required to be filed with the Minister by a buyer of forest products, including information respecting the volumes of forest products processed, imported, exported, sold or acquired;
41 The exercise by the Governor in Council of the authority contained in Sections 20 and 40 and the exercise by the Minister of the authority contained in subsection (2) of Section 26 shall be regulations within the meaning of the Regulations Act. R.S., c. 179, s. 41.
42 Until a regulation is made pursuant to clause (h) of Section 40, "fire season" means, in the case of the Counties of Queens, Shelburne, Yarmouth, Digby and Annapolis, the period between the first day of April and the fifteenth day of October in each year and, in the case of other counties of the Province, the period between the fifteenth day of April and the fifteenth day of October in each year. R.S., c. 179, s. 42.