REVISED STATUTES, 1989
1 This Act may be cited as the Crown Lands Act. R.S., c. 114, s. 1.
(b) requiring that leasing and licensing arrangements on Crown lands are providing for equitable stumpage rates, adequate investments in forest improvements and improved market access for privately produced wood;
(g) "forest access road" means a road or part of a road to the fullest extent of the right of way of such road and includes the bridges, shoulders and ditches but does not include a public highway or public road or the bridge thereon;
(j) "lease" means a lease of Crown lands made pursuant to this Act or any special or general enactment, or a lease of Crown lands in force on the twenty-ninth day of May, 1987, and made pursuant to Chapter 163 of the Revised Statutes, 1967;
(l) "licence" means a licence in respect of Crown lands given pursuant to this Act or any special or general enactment, or a licence of Crown lands in force on the twenty-ninth day of May, 1987, and made pursuant to Chapter 163 of the Revised Statutes, 1967;
(s) "vehicle" means any vehicle propelled or driven otherwise than by muscular power, whether or not the vehicle is registered pursuant to the Motor Vehicle Act, and includes a motor boat or motor vessel;
(3) The Minister shall, in all matters pertaining to Crown lands, have and exercise all the powers, rights, duties, authority and privileges which previous to the nineteenth day of March, 1926, were had or exercised by the Commissioner of Crown Lands and the Commissioner of Forests and Game.
(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.
(5) A conservation officer in carrying out duties pursuant to this Act and the regulations has and may exercise in any part of the Province all the powers, authorities and immunities of a peace officer as defined in the Criminal Code (Canada).
(6) The protection afforded by this Act and any other enactment to a conservation officer extends to any other person while and to the extent that that person is in the course of assisting a conservation officer under the conservation officer's direction.
(10) A copy of an identification card signed by the Minister is proof in any court of law that the individual named therein is a conservation officer pursuant to this Act or the regulations without any further proof. R.S., c. 114, s. 6.
(2) The Registrar shall maintain such land-record facilities as are deemed necessary to store and record all land-related documents involving Crown lands and such other land as is directed by the Governor in Council.
(2) The Minister shall not be liable for the accuracy of information represented on maps prepared by the Department which present graphic indexes of the location of Crown lands and other land which has been granted or otherwise conveyed by the Crown. R.S., c. 114, s. 11.
14 (1) No person shall destroy or deface any boundary line or any part thereof or remove, move or destroy any monument, pin, post or other marker placed on Crown lands to establish a boundary of Crown lands.
(2) In a prosecution with respect to an offence pursuant to this Section, any monument, pin, post or other marker alleged to have been placed on Crown lands shall, in the absence of evidence to the contrary, be deemed to have been placed on Crown lands for the purpose of establishing a boundary thereon. R.S., c. 114, s. 14.
19 (1) Where the Minister, with the approval of the Governor in Council, conveys title to Crown lands, the Minister shall sign the instrument or document and affix the seal of the office of the Minister.
(2) All documents, signed or purported to be signed by the Minister, which bear the seal of the office of the Minister may be registered by the registrar of deeds for the registration district where the land is situate without proof of execution. R.S., c. 114, s. 19.
(2) Where Crown lands have been reserved for a road or for another purpose and are not used for that purpose or provide a hindrance to the development of the area, the Minister, with the approval of the Governor in Council, may convey all or a portion of the land so reserved to such persons on such terms and conditions as the Minister deems appropriate. R.S., c. 114, s. 20.
21 (1) Where a grant, deed or other conveyance affecting Crown lands issued pursuant to this Act or any previous Act contains a condition that the land is to be used in a particular manner, the Minister may
(4) Any structure or personal property remaining on Crown lands after the revocation, cancellation or termination of a grant, deed or other conveyance is the property of the Crown and may be disposed of in the manner the Minister deems expedient. R.S., c. 114, s. 21.
22 (1) The Minister may issue a grant or deed of rectification where a grant, deed or other conveyance of Crown lands contains a clerical error, a misnomer or a wrong or defective description or plan of the land.
(2) A grant or deed of rectification relates back to the original grant or deed with respect to which it is made and has effect as if it were issued on the date of the issue of that grant or deed and has the effect of correcting with necessary modifications every instrument made by the grantee or any person claiming through or under the grantee prior to the date of the corrected document.
(3) The Minister, with the approval of the Governor in Council, may by order vacate a grant, deed or other conveyance of Crown lands in whole or in part that was issued as a result of fraud or misrepresentation or is manifestly in derogation of the public interest and thereupon the land reverts to the Crown as if the grant, deed or other conveyance had not been made, subject to the rights of bona fide purchasers for value or a person whose title is derived therefrom.
(4) A copy of a grant or deed of rectification or an order vacating a grant, deed or other conveyance of Crown lands shall be forwarded to the registrar of deeds for the registration district where the land is situate.
23 The Minister may, for the more effective management of Crown lands, enter into an agreement with the Government of Canada or an agency thereof, with a provincial government or an agency thereof or with a person for any purpose related to this Act or the regulations. R.S., c. 114, s. 23.
(2) The Minister shall integrate appropriate protective measures in forest-management planning for Crown lands to respect the integrity of water-supply watersheds, wildlife habitats, special places, ecological reserves and significant outdoor-recreation opportunities. R.S., c. 114, s. 25.
(8) In a prosecution pursuant to subsection (7), where a sign or barricade is posted or erected on a forest access road indicating that the forest access road or a portion of it is closed, it is prima facie deemed to have been posted or erected by the Minister. R.S., c. 114, s. 26.
(2) The Minister is not liable for damage, loss or injury arising from the construction, repair or maintenance or lack thereof of a forest access road constructed by a person referred to in subsection (1).
(3) The Minister may enter into an agreement with a person who constructs a forest access road to open it to travel by the public generally or by a class thereof as may be agreed upon and such agreement may provide that the cost of constructing, reconstructing or maintaining the forest access road be shared in the proportions agreed upon.
(4) Where a forest access road built pursuant to this Section is abandoned, the person who constructed the road shall rehabilitate the area affected to a degree satisfactory to the Minister unless the Minister agrees to assume the responsibility for the forest access road and works necessarily incidental thereto. R.S., c. 114, s. 27.
(2) In addition to a penalty imposed for a violation of subsection (1), the court may order a person convicted of an offence pursuant to this Section to restore the land to a condition as near as practicable as it was before the offence was committed and pay an amount equal to twice the market value of the property cut, damaged or removed. R.S., c. 114, s. 29.
32 (1) The Minister, with the approval of the Governor in Council, may enter into a forest-utilization licence agreement for the purpose of ensuring the best possible utilization of the forests of the Province and the timber thereon with a person who owns or operates a wood-processing facility in the Province or who undertakes by agreement with the Minister to construct and operate a wood-processing facility in the Province.
(3) An agreement pursuant to subsection (1) may include provisions for sub-licensing and must contain such terms and conditions as are deemed necessary by the Minister and, subject to subsection (4), may not be for a period longer than twenty years.
(4) An agreement pursuant to subsection (1) may provide that in every tenth year of the agreement it may be extended, with or without change or amendments to the terms and conditions under which it was granted, for ten years so that the term of the agreement after each extension is twenty years.
(5) Unless provided otherwise, an agreement renewed pursuant to subsection (4) is a continuation of the agreement originally issued and the agreement renewed continues and is deemed to have continued without interruption from the renewed date of the original agreement. R.S., c. 114, s. 32; 2012, c. 6, s. 3.
33 (1) A permit, licence or licence agreement issued pursuant to this Act does not confer on the holder thereof an exclusive right to the Crown lands involved except such rights as are necessary to cut or remove the timber or other resources to which the permit, licence or licence agreement applies.
(2) Where a permit, licence or licence agreement is found to comprise timber or other resources included in an earlier permit, licence or licence agreement, the later permit, licence or licence agreement is void in so far as it conflicts with the earlier permit, licence or licence agreement and the person holding the later permit, licence or licence agreement has no claim against the Minister for indemnity or compensation by reason thereof.
(3) Subject to the payment of stumpage or other charges, property rights in the timber or other resources set out in the permit, licence or licence agreement vest in the holder thereof at the time the timber or other resources are cut or removed.
(4) Notwithstanding subsection (3), where timber or other resources are removed from Crown lands or are damaged or destroyed by a person without lawful authority, the permit holder or licensee affected, as against such person and any other person except the Crown, is and is deemed to be the owner of the timber or other resources and in possession of the Crown lands affected for the purpose of maintaining an action with respect to such product. R.S., c. 114, s. 33.
34 (1) Every permit holder or licensee shall keep such records as are required by the Minister and such records shall be open at all times to the inspection of the Minister or an auditor acting on behalf of the Crown.
35 (1) A person who harvests or takes possession of timber or other resources on Crown lands under a permit, licence or licence agreement shall pay to the Crown stumpage or such other charges as may be determined by the Minister.
(3) Unpaid stumpage, charges or interest is a lien or charge upon timber cut or other resources removed by the permit holder or licensee under the authority of a permit, licence or licence agreement and upon a product manufactured from such timber or other resources in preference and priority to any and all fees, charges or claims in favour of another person whether arising before or after a lien or charge arises pursuant to this Section.
(4) A lien or charge arising pursuant to subsection (3) does not require registration or filing and attaches to any processed wood or other product into which the timber or other resources that are subject to the lien or charge may be converted.
(5) Where the timber or other resources or products into which they may be processed are sold under any order of foreclosure, sale or execution or under a legal process otherwise than by the Crown to satisfy its lien or charge, the amount of the lien or charge created pursuant to subsection (3) constitutes a first lien or charge on the proceeds of the sale and title thereof does not pass to the purchaser until the lien or charge is satisfied.
(6) Wherever a permit holder or licensee is in default under a term of the permit, licence or licence agreement issued pursuant to this Act, the Minister shall give to the permit holder or licensee then in default written notice to make payment of the amount in default and if the permit holder or licensee fails to pay the amount of stumpage, charges or interest then due, a conservation officer with a search warrant may search for, seize or impound timber or other resources or products into which they may have been processed to satisfy the stumpage, charges or interest then outstanding.
(7) Where a product has been seized pursuant to subsection (6) and no claim to recover it has been made within thirty days from the date of seizure and the stumpage, charges or interest has not been paid, the timber or other resources or product into which it may have been processed is forfeited to and becomes the property of the Crown and may be sold or disposed of in any manner which the Minister deems expedient.
(8) The balance of the proceeds of any sale pursuant to subsection (7), after retaining all amounts due to the Crown shall be paid to the person entitled thereto or, in the case of a dispute as to whom the money is to be paid, it shall be paid into a court of competent jurisdiction and the court's decision with respect to payment shall be final. R.S., c. 114, s. 35.
37 (1) Where it appears to the Minister that a person, known or unknown, has acquired rights or claim by possession in or to Crown lands and the Minister so reports to the Executive Council, the Governor in Council may authorize and direct the Minister to issue a certificate to the effect that the Crown asserts no interest or claim to the land and upon the issuance of the certificate all interest or claim of the Crown to the land described therein ceases.
(2) A certificate pursuant to this Section purporting to bear the signature and seal of the Minister shall be registered in the registry of deeds for the registration district in which the land therein described is situate without proof of the signature. R.S., c. 114, s. 37.
38 (1) A person who without legal justification or without the permission of the Minister or a person authorized by the Minister, the proof of which rests upon the person asserting justification or permission,
(3) Where the notice is by means of a sign, the sign shall be posted so that it is clearly visible in daylight under normal conditions from the approach to each usual point of access to the Crown lands to which it applies.
(6) In addition to a penalty imposed pursuant to subsection (1), the court may order a person convicted of an offence pursuant to this Section to restore the land to a condition as nearly as practicable as it was before the offence was committed. R.S., c. 114, s. 38.
39 (1) Where a structure is on Crown lands in respect of which there is not in effect a lease or permit issued pursuant to this Act or a structure is placed on Crown lands by a person who is not the holder of a lease or permit issued pursuant to this Act, the Minister may, by written notice, require the person who erected or occupies or uses the structure to remove it from Crown lands within sixty days after service of the notice upon that person.
(2) A notice given pursuant to subsection (1) may be served upon the person to whom it is directed by delivering it to that person personally or, where that person cannot conveniently be served personally, by leaving it at that person's last or most usual place of residence with a person who is apparently not under sixteen years of age.
(3) Where the identity of a person to whom a notice may be directed pursuant to subsection (1) is unknown to the Minister, the Minister may cause notice requiring the removal of the structure to be posted in a conspicuous place on the structure.
(4) A person upon whom a notice pursuant to subsection (1) has been served pursuant to this Section who fails to remove the structure from Crown lands within sixty days of service is guilty of an offence.
(5) Where a notice pursuant to subsection (1) has been served or posted and the structure has not been removed from Crown lands within sixty days of the service or posting, the Minister or any person acting by or under the Minister's authority may remove the structure, together with the contents contained therein or demolish the structure in any manner that the Minister considers expedient and the costs and expenses of the removal or demolition may be recovered by the Minister in a court of competent jurisdiction in any action for debt on behalf of the Crown against any person who erected, occupied or used the structure. R.S., c. 114, s. 39.
(2) In addition to a penalty imposed for a violation of subsection (1), the court may order a person convicted of an offence pursuant to this Section to restore the land to a condition as near as practicable as it was before the offence was committed and pay an amount equal to twice the market value of the timber or other resources cut, damaged or removed. R.S., c. 114, s. 40.
42 (1) A conservation officer in the discharge of the conservation officer's duties and a person accompanying the conservation officer may enter upon and pass through privately owned land without being liable for trespass.
45 (1) A conservation officer appointed pursuant to this Act may seize anything, including a vehicle, that the conservation officer believes on reasonable and probable grounds may afford evidence of an offence pursuant to this Act or the regulations.
(b) where the conservation officer has knowledge of the person who was in actual or apparent possession of the timber or other resources at the time of the seizure, give notice to that person of the seizure, either by personal service or by registered mail.
(4) Timber or any other resources seized by a conservation officer pursuant to this Section that is not otherwise property of the Crown becomes property of the Crown by the seizure and may be disposed of as the Minister considers appropriate. R.S., c. 114, s. 45.
a certificate purporting to be signed by the Minister or the Registrar certifying with respect to the same is prima facie proof of the facts stated in the certificate and of the authority of the person who has signed the certificate without further proof of appointment or signature.
(2) A copy of a record, document, book or paper belonging to or deposited with the Department attested under the signature of the Minister or the Registrar is evidence in all cases in which the original record, document, book or paper could be evidence.
(3) In a prosecution or proceeding pursuant to this Act or the regulations, a plan or copy of a plan of land certified by the Minister or the Registrar to be a correct copy, according to the records of the Department, is receivable in evidence without proof of the signature of the person certifying the same and the designation of land on such plan as Crown lands or words to this effect is prima facie proof that the land so designated is land belonging to the Crown. R.S., c. 114, s. 46.
47 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 a duty or power pursuant to the 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. 114, s. 47.
the person in charge of the cutting or removal operation and the person for whom the cutting or removal operation is being conducted are jointly and severally liable for damages in an amount equal to twice the market value of the unrecovered timber or other products.
49 The Summary Proceedings Act and forms authorized thereunder apply to all prosecutions and proceedings pursuant to this Act and the regulations as far as they are applicable and are not inconsistent with this Act and the regulations. R.S., c. 114, s. 49.
50 Where pursuant to this Act or an enactment, a notice relating to Crown lands is required to be given or an act to be done by or on behalf of the Crown, such notice may be given and act done by or by the authority of the Minister. R.S., c. 114, s. 50.