FOREST. The Forest Act

Transcription

1 1 FOREST c. F-19 The Forest Act Repealed by Chapter F-19.1 of the Statutes of Saskatchewan, 1996 (effective April 1, 1999, notwithstanding the repeal of The Forest Act, subsection 7(2) of The Forest Amendment Act, 1986 remains in force). Formerly Chapter F-19 of the Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979) as amended by the Statutes of Saskatchewan, 1979, c.26; , c.m and c.92; 1983, c.11; , c.6; 1986, c.5 and 32; , c.43; , c.55; , c.54; 1991, c.t-1.1; and 1994, c.42. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 2 c. F-19 FOREST Table of Contents 1 Short title SHORT TITLE INTERPRETATION 2 Interpretation PART I Administration 3 Department to administer Act 4 Duties of department 5 Regulations PART II Disposition of Forest Products CUTTING AUTHORITY 6 Cutting or removal of timber without authority prohibited 7 Disposition by minister 8 No acquisition of Crown timber or hay except under Act 9 Employees prohibited from dealing in Crown timber or hay LICENCES, PERMITS AND SALES 10 Licences, etc., subject to Act, etc. 11 Timber liable for dues 11.1 Fees for reforestation 12 Licensing of sawmills, plants, etc. 13 Guarantee deposit or bond SCALING AND TRANSPORTATION OF FOREST PRODUCTS 14 Scaling and measurement 15 Duty of owner or operator of truck to obtain statement from shipper or seller 16 Acceptance of shipment not accompanied by statement prohibited 17 Operator of truck to produce statement on demand FOREST MANAGEMENT 18 Jurisdiction of department respecting forest management 19 Management licence 20 Amendment of forest management plan 21 Application for management licence 22 Repealed 23 Power of minister to direct delivery and sale of wood chips, etc. 24 Arbitration PART III Penalties, Seizures and Forfeitures 25 Cutting hay or timber without authority 26 Power to seize hay or timber unlawfully cut 27 Detention and inquiry in case of doubt 28 Power to seize and impound vehicle 29 Case of mixtures 30 Release on giving bond or security 31 Forfeiture and disposition of hay or timber seized 32 Procedure where claimant waives right to contest seizure 33 Burden of proof on claimant 34 Officer may call in assistance 35 Lien of Crown for dues 36 Enforcement of payment in case of removal out of Saskatchewan 37 Notes may be taken without affecting lien 38 Forfeiture or suspension of licence, permit, etc. PART IV Slash Disposal and Fire Prevention 39 Disposal of slash 40 Fire-guard around debris from industrial operations 41 Information to be given 42 Travel permits PART V Provincial Forests 43 Lands in provincial forests reserved 44 Power of Lieutenant Governor in Council to acquire lands in provincial forests 45 Act not to apply where Crown has no title 46 Land required for railway purpose PART VI General 47 Closure of access roads, etc. 48 Powers and protection of conservation officers 49 Arrest of offenders 50 Entry and search without warrant 51 Arrest, etc., not to relieve offender from other penalties 52 Penalty respecting certain offences in provincial forests 53 Interfering with notices 54 Obstruction of officers 55 General penalty 56 Oaths, etc., before whom taken 57 Power to enter into agreements with Canada 58 Repealed 59 Non-application of Planning and Development Act, 1983, etc. SCHEDULE Editorial Appendix

3 3 FOREST c. F-19 CHAPTER F-19 An Act respecting Crown Timber and Conservation and Preservation of Forest Lands SHORT TITLE Short title 1 This Act may be cited as The Forest Act. INTERPRETATION Interpretation 2 In this Act: (a) Crown means Her Majesty the Queen in right of Saskatchewan; (b) Crown timber includes any trees, timber and products of the forest in respect whereof the Crown is enabled to demand and receive any royalty, revenue or money; (c) department means the department over which the minister presides; (d) forest land means any Crown land in Saskatchewan on which trees or shrubs are growing or standing, any barren, dry marsh or bog owned by the Crown, or Crown land that in the opinion of the minister will find its best economic use under forest crop; (e) forest management plan means a master plan prepared for the proper management of an area of forest land for the continuous production of timber therefrom; (f) licence area means an area in respect of which the right, exclusive or otherwise, to cut or remove Crown timber has been or is granted to any person by a management licence, timber permit, timber sale or timber agreement; (g) management licence, timber permit, or timber sale means any licence, permit or sale granted under this Act or the regulations authorizing the cutting and removal of Crown timber; (h) minister means the member of the Executive Council to whom for the time being the administration of this Act is assigned; (i) officer means a person employed in connection with the administration and management of the department; (j) plant includes a pulp mill, sawmill, plywood mill or any plant designed for the manufacturing or processing of wood products whether or not the construction of the plant is completed or the plant is in operation;

4 4 c. F-19 FOREST (k) products of the forest means trees, timber, sphagnum moss, wild rice and any other shrubs, plants or grasses growing on forest land or in waters of the forest land; (l) provincial forest means any land or lands withdrawn from disposition, sale, settlement or occupancy except under this Act or the regulations; (m) provincial lands means provincial lands as defined in The Provincial Lands Act; (n) public working circle means an area of land within the forest land under a forest management plan wherein the cutting of Crown timber thereon is authorized by a timber permit or timber sale; (o) timber agreement includes any agreement heretofore or hereafter made by the Crown with respect to the cutting and removal of trees and any agreement containing provisions for the cutting and removal of trees and includes any agreement ratified and confirmed by any special Act or general Act; (p) wood products includes pulp, pulpwood, paper, veneer, plywood, lumber, timber, poles, posts, chips and other products accruing from a timber harvesting operation. R.S.S. 1978, c.f-19, s.2; 1983, c.11, s.28. PART I Administration Department to administer Act 3(1) This Act and the regulations shall be administered by the department. (2) An officer to be known as the Director of Forestry may be appointed to manage and direct such administration under the control of the minister, and there may also be appointed such other officers, clerks and employees as are deemed necessary. R.S.S. 1978, c.f-19, s.3. Duties of department 4 The department shall control and administer all matters relating to or in any way connected with forestry, and without restricting the generality of the foregoing shall control, regulate and administer: (a) all rights, properties, interests, claims and demands of the Crown in or in respect of Crown timber; (b) all revenues and moneys of the Crown arising from forestry, Crown timber and grazing and hay on provincial forests; (c) management, utilization and conservation of Crown timber and forest lands;

5 5 FOREST c. F-19 (d) reforestation and tree preservation; (e) prevention and suppression of forest fires; (f) sales and dispositions of Crown timber; (g) the cutting, classifying, measuring, manufacturing, marking, branding and inspection and exporting of trees, timber and products of the forest; and (h) the licensing of mills or plants processing forest products. R.S.S. 1978, c.f-19, s.4. Regulations 5(1) The Lieutenant Governor in Council may make regulations not inconsistent with this Act as the Lieutenant Governor in Council may consider necessary or advisable for the care, development, management, protection, utilization and conservation of Crown timber, forest lands, provincial forests and Crown timber on provincial lands and for the purpose of carrying out the provisions of this Act according to their obvious intent or to meet cases that may arise and for which no express provision is made in this Act, and, without limiting the generality of the foregoing, may make regulations governing: (a) the cutting and removal and sale of Crown timber, the right to enter upon, use and occupy such portion or portions of provincial lands in provincial forests as may be necessary for the purpose of mining, the pasturage of live stock, the use of hay lands, the establishment and use of reservoirs, water power sites, power transmission lines, pipe lines, telegraph and telephone lines, and the use of water rights, and any other use not inconsistent with the purposes of this Act, and the granting of leases and permits therefor; (b) the standards of utilization methods, methods of logging and disposal of debris; (c) the rates of dues on Crown timber and other forest products, tariff of fees for management licences, timber permits and timber sales and for fire protection; (d) the granting of leases of lands within provincial forests, and the granting of permits authorizing the use of such lands, for agricultural, residential or business purposes for any period not exceeding thirty-three years and the disposition, by sale or otherwise, of lots shown upon a registered plan of a subdivision of land within a provincial forest, and the terms and conditions to which the leases, permits and dispositions shall be subject; (e) the preservation of game, birds, fish and other animals, and the destruction of noxious, dangerous and destructive animals; (f) the prevention, detection and suppression of fire; (g) the prevention of unauthorized business and traffic;

6 6 c. F-19 FOREST (h) the removal and exclusion of undesirable persons and trespassers, and of persons making unauthorized use of any forest land or failing to comply with any regulations; (i) the confiscation and disposal of things seized; (j) the seizure and disposal of animals trespassing on any forest land and the dues, fees and charges payable by the owner in connection with such trespass, seizure and disposal, including the costs of care and sustenance of animals seized; (k) the control, subject to The Highway Traffic Act, of vehicular traffic in the provincial forests or any of them, including: (i) the classification of vehicles for any and all purposes involving the use of roads, trails, streets, lanes, sidewalks and other public places; (ii) the control and regulation of the use of roads, trails, streets, lanes, sidewalks and other public places; (iii) the regulation of the speed of vehicles; (iv) the defining of the routes that vehicles or any class of vehicles must follow in entering or traversing a provincial forest or any part thereof; (v) the prevention or restriction, control and regulation of the parking of vehicles on all or any roads, trails, streets, lanes or other public places or any portion thereof; (l) the authorizing of any peace officer, or any conservation officer or other officer employed by the department, to remove or cause the removal of a vehicle that is unlawfully placed, left or kept on any road, trail, street, lane, parking place or other area and to impound or store the vehicle and to release it to the owner upon payment of the cost of removal and impounding or storage within a period of thirty days after the date of the removal of the vehicle or within such extended period as may be specified in the regulations, and providing for the recovery of such cost, if not paid within the specified period, from the owner of the vehicle by action in a court of competent jurisdiction or by sale of the vehicle at public auction or by private sale; (m) the imposing of fees to be paid to the minister by owners or operators of vehicles parked or left at any place contrary to the regulations; (n) the nature and extent of reforestation activities in any licence area or portion thereof and: (i) requiring any person who is the holder of a management licence, timber permit, timber sale or timber agreement in the licence area or portion thereof to carry out such reforestation activities and practices in the area or portion thereof as the Lieutenant Governor in Council considers advisable and providing that where the person defaults in carrying out such reforestation activities and practices that the minister may carry them out and charge all or such part of the cost thereof as the Lieutenant Governor in Council considers advisable to such person;

7 7 FOREST c. F-19 (ii) providing for the minister to carry out such reforestation activities and practices in the licence area or portion thereof as the Lieutenant Governor in Council considers advisable and authorizing the minister to charge all or such part of the cost thereof as the Lieutenant Governor in Council considers advisable to the person having the management licence, timber permit, timber sale or timber agreement in the licence area or portion thereof; (o) the wood products that may be manufactured from logs of specified sizes and grades of any species of trees; (p) the wood products that may not be manufactured from logs of specified sizes and grades of any species of trees; (q) the exemption of any person or class of persons from any or all of the provisions of this Act or the regulations which exemption may be for a limited time and may be cancelled at any time; (r) the definition of any word or expression used in this Act or the regulations and not defined herein which definition may enlarge or restrict the meaning of such word or expression; and (s) the zoning of any portions of provincial forests for the purpose of regulating or restricting the various uses of lands in provincial forests. (2) Subject to any regulations made by the Lieutenant Governor in Council, the minister may make such orders not inconsistent with this Act as he considers necessary or advisable for the care, development, management, protection, utilization and conservation of Crown timber, forest lands, provincial forests and Crown timber on provincial lands, and, without limiting the generality of the foregoing may make orders: (a) designating the areas in which the cutting of timber may take place; (b) designating the size of cutting areas; (c) designating the species, sizes, ages and locations of trees to be cut and removed in any licence area or other area; (d) prescribing the terms and conditions applicable to the cutting of trees for the purpose of ensuring to the extent deemed advisable the cutting and removal of Crown timber on a perpetual or sustained yield basis; and (e) prescribing the methods to be used in harvesting products of the forest. (3) Repealed , c.54, s.5. (4) Except as may be specifically otherwise provided in any management licence heretofore or hereafter made but otherwise notwithstanding anything in this Act or in any other Act, whether a special Act or general Act, compliance with all regulations and orders made from time to time under subsections (1) and (2) shall be deemed to be a condition to which every management licence is subject. R.S.S. 1978, c.f-19, s.5; 1986, c.32, s.3; 1986, c.33, s.10; , c.54, s.4 to 6.

8 8 c. F-19 FOREST PART II Disposition of Forest Products CUTTING AUTHORITY Cutting or removal of timber without authority prohibited 6 No person shall cut or remove any Crown timber on or from provincial lands unless he is expressly authorized to do so by or under this Act or the regulations. R.S.S. 1978, c.f-19, s.6. Disposition by minister 7 The minister or an officer authorized by him may: (a) issue timber permits and timber sales to cut and remove Crown timber; (b) issue permits to cut and remove grass or hay from provincial forests; (c) grant permission to use Crown lands in provincial forests for grazing or for any other purpose not inconsistent with this Act. R.S.S. 1978, c.f-19, s.7. No acquisition of Crown timber or hay except under Act 8 No person shall acquire any right to or property in Crown timber or hay except in accordance with this Act and the regulations. R.S.S. 1978, c.f-19, s.8. Employees prohibited from dealing in Crown timber or hay 9 No employee of the department shall have, acquire or hold, directly or indirectly, a right to or interest in any management licence, timber permit, timber sale or authority from the Crown to utilize or deal with any Crown timber or product of the forest, or engage or have an interest in any business having as its object the utilization of or dealing in Crown timber or products of the forest, unless he is expressly authorized to do so by or under this Act or the regulations. R.S.S. 1978, c.f-19, s.9. LICENCES, PERMITS AND SALES Licences, etc., subject to Act, etc. 10 Subject to the exception mentioned in subsection 5(4), all management licences, timber permits, timber sales and timber agreements and renewals thereof shall be subject to this Act and any regulations made under this Act and compliance with this Act and the regulations made under this Act shall be deemed to be a condition to which every management licence, timber permit, timber sale and timber agreement is subject. 1986, c.32, s.4.

9 9 FOREST c. F-19 Timber liable for dues 11(1) All timber cut under a management licence, timber permit or timber sale shall be liable for the payment of the dues thereon. (2) No unmanufactured timber, with respect to which the Crown dues have not been paid, shall be removed out of Saskatchewan without the written approval of the minister, and as a condition to such approval the minister may order the furnishing of a bond in such amount as he may determine guaranteeing payment of the dues on the timber. R.S.S. 1978, c.f-19, s.11. Fees for reforestation 11.1(1) In this section, forest management licence area means an area in respect of which a management licence has been issued pursuant to section 19. (2) Subject to subsection (3), the minister may, as a term or condition of a management licence, timber permit, timber sale or timber agreement, require a person harvesting Crown timber thereunder to pay a fee in any amount that the minister considers appropriate for reforestation: (a) to the Crown; or (b) to a renewal fund established by the holder of a management licence, timber permit, timber sale or other timber agreement, as may be designated by the minister. (3) The holder of a management licence issued pursuant to section 19 shall pay fees for reforestation in the amount and in the manner provided in the agreement entered into in respect of the issuance of that management licence , c.43, s.2; 1994, c.42, s.10. Licensing of sawmills, plants, etc. 12(1) No person shall operate a mill, sawmill or plant that processes timber from round logs without first obtaining a licence from the department authorizing him to do so. (2) A licence issued under subsection (1) shall require the licensee to comply with all regulations respecting the manner of disposing wastes from mills, sawmills or plants and for protecting the adjoining forest lands from fire. R.S.S. 1978, c.f-19, s.12. Guarantee deposit or bond 13 Every treating plant owner who processes Crown timber and who does not hold a management licence shall furnish the minister with a guarantee deposit or bond in such form and amount as the minister may prescribe. R.S.S. 1978, c.f-19, s.13.

10 10 c. F-19 FOREST SCALING AND TRANSPORTATION OF FOREST PRODUCTS Scaling and measurement 14(1) The minister may require that all or any Crown timber authorized to be cut from provincial lands under a management licence, timber permit or timber sale shall be scaled in accordance with the official scale prescribed by the regulations and shall be measured or counted prior to manufacture in accordance with the terms of the licence, permit or sale. (2) No person is authorized to scale timber cut on provincial lands other than an officer or a person authorized in writing by the minister. R.S.S. 1978, c.f-19, s.14. Duty of owner or operator of truck to obtain statement from shipper or seller 15 Every owner or operator of a truck shall, before transporting or accepting for transport or purchasing any round timber or rough lumber, obtain from the shipper or seller of the timber or lumber and have on his person during each trip a statement signed by the shipper or seller. The statement shall be made in triplicate in the form prescribed by the department and shall set forth: (a) the date of acceptance for transport or of purchase; (b) the species of timber or lumber and the quantity of each species included in the shipment or purchase; (c) the name and address of the shipper or seller; (d) the name and address of the consignee or purchaser; (e) the shipper s or seller s certificate containing a description of the land on which the timber or lumber was cut; and (f) particulars of the authority under which the timber or lumber was cut. R.S.S. 1978, c.f-19, s.15. Acceptance of shipment not accompanied by statement prohibited 16 No person shall accept from an owner or operator of a truck a shipment of round timber or rough lumber unless it is accompanied by a copy of the statement mentioned in section 15. R.S.S. 1978, c.f-19, s.16. Operator of truck to produce statement on demand 17(1) Every person in charge of or operating a truck transporting round timber or rough lumber over any road or highway shall, upon the request of an officer of the department, a highway traffic officer or a member of the Royal Canadian Mounted Police, produce one of the copies of the statement mentioned in section 15.

11 11 FOREST c. F-19 (2) Notwithstanding subsection (1), if such person produces: (a) a copy of an invoice issued by a retail lumber dealer covering the timber or lumber on the truck; or (b) a statement by any person lawfully handling forest products from which it appears that the timber or lumber has been lawfully obtained; or in any other manner satisfies the officer of the department, highway traffic officer or member of the Royal Canadian Mounted Police that the timber or lumber has been lawfully obtained, he shall not be required to have or produce a copy of the statement mentioned in section 15. R.S.S. 1978, c.f-19, s.17. FOREST MANAGEMENT Jurisdiction of department respecting forest management 18 The department shall have jurisdiction over all matters relating to forest management and without restricting the generality of the foregoing shall be responsible for: (a) constituting any portion of a provincial forest as a public working circle; (b) preparing plans for public working circles; (c) approving plans for licensed areas; (d) regulating the cutting of timber in public working circles and management licence areas; (e) recommending regulatory policy in the best interests of long-term forestry principles and practices in management licence areas, public working circles and provincial forests. R.S.S. 1978, c.f-19, s.18. Management licence 19(1) Subject to the approval of the Lieutenant Governor in Council, the minister may, by agreement, issue a management licence. (2) A management licence may be renewed subject to such terms and conditions, not inconsistent with this Act, as may be approved by the Lieutenant Governor in Council. (3) Every management licence shall describe the land upon which the timber may be cut. (4) Every management licence shall, during its continuance: (a) vest in the licensee all rights of property in all trees, timber, lumber or other products of timber that he is entitled by the licence to cut and that have been cut within the limits of the management licence area during the continuance thereof, whether the trees, timber, lumber or other products of timber are cut by consent of the licensee or by any other person without his consent; and

12 12 c. F-19 FOREST (b) vest in the licensee, as against any person other than the Crown, subject to the conditions mentioned in the management licence, all rights of property in all trees, timber, lumber and other products of timber, that the licensee is not entitled to cut but that are cut within the limits of the management licence area by any other person without his consent. (5) Every management licence shall entitle the licensee: (a) to seize in replevin or otherwise, as his property, timber of any kind cut within the limits of the management licence area where it is found in the possession of an unauthorized person; (b) to bring action or suit against any person unlawfully in possession of such timber; and (c) to prosecute all persons cutting timber of any kind in trespass, or entering without authority upon the management licence area, to conviction and punishment and to recover damages, if any; and all proceedings pending at the expiration of the management licence may be continued and completed as if the management licence had not expired. (6) Except as may be specifically otherwise provided in any management licence heretofore or hereafter made, every management licence shall be subject to the right of the Crown under this Act and the regulations, and under any other Act and the regulations made thereunder, to make dispositions of Crown rights within the boundaries of the management licence area; and the grantee, lessee, licensee or permittee of any such rights shall have the right to secure, use and occupy the land described in the grant, lease, licence or permit for the purposes stated therein and the right to open any roads necessary in connection therewith, but shall pay to the holder of the management licence the value of all timber to which that holder is entitled and that has been cut, damaged or destroyed as a consequence of anything done by the grantee, lessee, licensee or permittee. (7) The minister shall cause the holder of a management licence to be notified of every grant, lease, licence or permit made or issued that affects the rights conferred by the management licence. (8) If, in consequence of any error in survey or other cause, a management licence is found to include any land covered by another management licence of prior date, or any land sold, granted, leased or lawfully set apart for any other purpose under this Act, the later management licence shall be void insofar as it interferes with any such prior management licence, sale, grant, lease or setting apart. R.S.S. 1978, c.f-19, s.19; 1986, c.32, s.5. Amendment of forest management plan 20 Notwithstanding anything in this or any other Act or in any management licence, timber permit, timber sale or timber agreement, the minister may by order amend any forest management plan heretofore or hereafter prepared whenever changes are considered by him to be necessary in the interests of the care, development, management, protection, utilization or conservation of the timber resources in the licence area. R.S.S. 1978, c.f-19, s.20.

13 13 FOREST c. F-19 Application for management licence 21 An application for a management licence shall include an offer on behalf of the applicant to pay to the Crown, in addition to all royalties, dues and taxes reserved or imposed by statute or regulation: (a) the cost incurred by the department in cruising, surveying and advertising the proposed management licence area; (b) an annual ground rental based on the acreage contained in the proposed area; (c) an annual fire prevention levy; and to furnish a guarantee deposit in the form and amount prescribed by the minister. R.S.S. 1978, c.f-19, s.21; , c.55, s Repealed. 1986, c.32, s.6. Power of minister to direct delivery and sale of wood chips, etc. 23(1) The minister may by order direct the operator of a plant to deliver, or cause to be delivered, any or all wood chips or any other wood residue resulting from the operation of the plant to such place as the minister may designate and order the operator to sell such wood chips or other wood residue to the owner of such plant as the minister may specify. (2) If the owner of the chips or other wood residue ordered to be sold under subsection (1) and the owner of the plant to whom the chips or other wood residue have been ordered to be sold under that subsection cannot agree on the price to be paid for the chips or other wood residue by the owner of the plant at the place of delivery, the price to be so paid shall be fixed by arbitration. R.S.S. 1978, c.f-19, s.23. Arbitration 24(1) An arbitration under this Act shall be before three arbitrators and The Arbitration Act applies to the arbitration. (2) The party demanding the arbitration shall inform the other party of the name of the person he names as one of the arbitrators and the party receiving the demand shall, within fifteen days thereafter, name a person as one of the arbitrators. (3) The two arbitrators named under subsection (2) shall choose a third arbitrator who shall be the chairman of the arbitrators. (4) In the event the party receiving the demand for arbitration fails to name a person as one of the arbitrators within the time specified therefor, a judge of the Court of Queen s Bench may name a person as one of the arbitrators on behalf of the party and in the event the two arbitrators named fail to name a person as the third arbitrator the Chief Justice of the Queen s Bench may name a judge of the Court of Queen s Bench or any other judge or person as the third arbitrator who shall be chairman of the arbitrators. R.S.S. 1978, c.f-19, s.24.

14 14 c. F-19 FOREST PART III Penalties, Seizures and Forfeitures Cutting hay or timber without authority 25(1) If a person, without authority, cuts, or employs or induces any other person to cut or assist in cutting, hay or timber on provincial lands, or removes or carries away, or employs or induces or assists any other person to remove or carry away, hay or timber so cut, he shall not acquire any right to the hay or timber, or any claim or remuneration for cutting it, preparing it for market, or conveying it to or towards market. (2) Where hay or timber, cut without authority, has been removed out of reach of the officers, or it is otherwise found impossible to seize it, the person so acting without authority is, in addition to the loss of his labour and disbursements, liable to a penalty not exceeding $6 for each tree or load of hay that, or any part of which, he is proved to have cut or removed or carried away, or assisted to cut or carry away or employed or induced any other person to cut or carry away; and such sum may be recovered by suit of the minister in any court of competent jurisdiction. (3) In suits for penalties under subsection (2) the burden of proof of authority to do the things charged shall lie on the person charged; and the averment of the person seizing or prosecuting that he is employed under the authority of this Act shall be sufficient proof thereof unless the defendant proves the contrary. R.S.S. 1978, c.f-19, s.25. Power to seize hay or timber unlawfully cut 26 If an officer receives satisfactory information or is otherwise aware that hay or timber has been cut without authority or without proper observance of the regulations or the conditions of the management licence, timber permit or timber sale on provincial lands, he may seize or cause to be seized, in Her Majesty s name, the hay or timber so reported or known to be cut wherever it is found and place it under proper custody until the matter is decided by competent authority. R.S.S. 1978, c.f-19, s.26. Detention and inquiry in case of doubt 27 If an officer is in doubt as to whether hay or timber has been cut without authority, or is liable to dues to the province, on the whole or any part thereof, he may inquire of the person or persons in possession or in charge of the hay or timber, as to when and where the hay or timber was cut; and if no satisfactory explanation, on oath or otherwise, as he requires, is given to him, he may seize and detain the hay or timber until proof is made to the satisfaction of the minister, or of any officer specially authorized by the minister, that the hay or timber was not cut without authority, and is not liable, either in whole or in part, to dues of any kind; and if such proof is not made within thirty days after the seizure the hay or timber may be dealt with as hay or timber cut without authority, or on which dues have not been paid, according to the circumstances of the case; and the dues thereon may be recovered as hereinafter provided. R.S.S. 1978, c.f-19, s.27.

15 15 FOREST c. F-19 Power to seize and impound vehicle 28(1) An officer seizing hay or timber under this Act may also seize any vehicle that is being used for the purpose of transporting the hay or timber, and may impound the vehicle and keep it impounded for a period of sixty days from the time of the seizure or until the proceedings, if any, taken to contest the seizure of the hay or timber have been finally disposed of, whichever is the longer period; provided that if, within such period of sixty days or, where proceedings have been taken to contest the seizure, before the proceedings have been finally disposed of, it is proved to the satisfaction of the minister that the hay or timber was wrongfully seized the vehicle shall be released forthwith. (2) For the purpose of subsection (1) vehicle means a conveyance of any kind, and without restricting the generality of the foregoing includes a boat, barge, scow, carriage, rig, wagon, hayrack, bicycle, motor cycle, car, automobile, trailer, truck, tractor, snowmobile, sleigh, toboggan and any kind of aircraft. R.S.S. 1978, c.f-19, s.28. Case of mixtures 29 If the hay or timber reported or known to have been cut without authority has been mixed up with other hay or timber the whole shall be held to have been cut without authority and shall be liable to seizure and forfeiture accordingly, unless the holder separates, to the satisfaction of the officer, the hay or timber cut without authority, from the other. R.S.S. 1978, c.f-19, s.29. Release on giving bond or security 30 If hay or timber, or any product thereof, is seized under this Act, the minister may allow the hay or timber, or product thereof, to be removed and disposed of upon receiving sufficient security, to his satisfaction, for the full value thereof, or in his discretion, a satisfactory bond for payment of double the amount of all dues, penalties, and costs, incurred or imposed thereon. R.S.S. 1978, c.f-19, s.30. Forfeiture and disposition of hay or timber seized 31(1) Hay or timber seized under this Act shall be deemed to be forfeited to the Crown unless the owner thereof, or the person from whom it was seized, within one month from the date of seizure, gives written notice to the seizing officer that he intends to contest the seizure. (2) If: (a) the claimant having given such notice, does not, within fifteen days thereafter, institute proceedings before a court of competent jurisdiction to contest the seizure; or

16 16 c. F-19 FOREST (b) such proceedings having been taken, the action is dismissed for want of prosecution; or (c) the court decides against the claimant; the hay or timber may be confiscated and disposed of by the minister or by an officer acting under instructions from the minister. R.S.S. 1978, c.f-19, s.31. Procedure where claimant waives right to contest seizure 32 Where the claimant waives his right to contest the seizure pursuant to section 31, the minister may at once impose a penalty which, in addition to all costs incurred in connection with the seizure, shall be paid by the claimant within fifteen days or such other period as the minister may prescribe. R.S.S. 1978, c.f-19, s.32. Burden of proof on claimant 33 Where hay or timber is seized for non-payment of dues or for any cause of forfeiture, or a prosecution is instituted for a penalty or forfeiture, under this Act, and any question arises as to whether the dues have been paid or whether the hay or timber was cut on other than provincial lands, the burden of proving payment, or of proving on what land the hay or timber was cut, shall lie on the owner or claimant thereof. R.S.S. 1978, c.f-19, s.33. Officer may call in assistance 34 An officer seizing hay or timber in the discharge of his duties under this Act may, in Her Majesty s name, call in any assistance necessary for securing and protecting the hay or timber so seized. R.S.S. 1978, c.f-19, s.34. Lien of Crown for dues 35(1) Any amounts payable by a person to the minister under this Act or the regulations that are not paid at the time that they are payable shall bear interest at the rate of seven per cent per annum until paid, and shall be a lien on any forest products harvested by the person under the authority of any licence, permit or sale. (2) Where such sums are overdue and unpaid, whether in consequence thereof the management licence, timber permit or timber sale has or has not been cancelled, an officer or any person authorized by the minister may seize so much of the timber cut on the management licence area or under the timber permit or timber sale as will, in his opinion, be sufficient to secure payment of the dues, the interest thereon and the expenses of seizure and sale, and may detain the timber as security for payment.

17 17 FOREST c. F-19 (3) Where timber has been seized under subsection (2) and payment is not made within thirty days after the seizure, an officer acting under instructions from the minister may sell the timber and, after deducting the sum due, the interest thereon and the expenses of seizure and sale, he shall pay over the balance, if any, to the licensee, permittee or purchaser if the timber was in his possession at the time of seizure or, if it was not, to the person who had possession thereof at that time. R.S.S. 1978, c.f-19, s.35. Enforcement of payment in case of removal out of Saskatchewan 36 If payment of the dues on any timber has been evaded by removal of the timber or the products thereof out of Saskatchewan, or otherwise, the amount of the dues, and any expenses incurred in enforcing payment, may be added to the dues remaining to be collected on any other timber cut by the licensee under a management licence or permittee under a permit or purchaser under a timber sale or by authority of the licensee, permittee or purchaser, and may be levied on such timber and collected, together with the last mentioned dues, in the manner hereinbefore provided. The amount due of which payment has been evaded shall also be recoverable by suit of the minister in any court of competent jurisdiction. R.S.S. 1978, c.f-19, s.36. Notes may be taken without affecting lien 37 The minister may take or authorize the taking of promissory notes for any money due to the Crown by a holder of a management licence, timber permit or timber sale, or in his discretion, of bonds for not less than double the amount of any dues, and the penalties and costs incurred, and may, if it is under seizure, then release any timber upon which the debt would be leviable; but the taking of such notes or bonds shall not affect the right to enforce payment of the debt, and the debt shall be a lien on any timber cut by such holder or by his authority, if the sums for which or to secure which the notes or bonds are given are not paid when due. R.S.S. 1978, c.f-19, s.37. Forfeiture or suspension of licence, permit, etc. 38(1) Every management licence, timber permit, timber sale or timber agreement is liable on order of the minister to forfeiture or to suspension for a stated period of time, or until a condition to which the licence, permit, sale or agreement is subject is met, if the holder of the management licence, timber permit, timber sale or timber agreement, as the case may be: (a) has violated a condition of the management licence, timber permit, timber sale or timber agreement; (b) has made a fraudulent return with respect to dues owed to the Crown on timber cut within a licence area; or (c) is in default under any term or condition of his management licence, timber permit, timber sale or timber agreement;

18 18 c. F-19 FOREST and the period, if any, provided in the management licence, timber permit, timber sale or timber agreement, within which the holder may cure his default or submit a correct return has expired. (2) Before making an order for forfeiture or suspension under subsection (1), the minister shall cause written notice to be given to the licensee, permittee, purchaser or party to the agreement in default or who made the fraudulent return of his intention to do so, upon grounds set forth in the notice, unless at a hearing before the minister on a date set out in the notice, which date shall be not less than thirty days after service of the notice, the licensee, permittee, purchaser or person shows that there is not sufficient cause for the forfeiture or suspension. (3) The notice required under subsection (2) may be given at any time before the period, if any, within which the holder of the management licence, timber permit, timber sale or timber agreement that is liable to forfeiture or suspension may cure his default or submit a correct return expires or may be given at any time after the period expires provided the date of the hearing is after the expiration of that period. (4) Service of a notice under subsection (2) may be made personally or may be effected by sending it by registered mail, postage prepaid, to the address or the last known address of the licensee, permittee, purchaser or person to be served and in such case shall be deemed to have been made upon the day on which the notice reached the address or in due course of mail should have done so. (5) Where, after notice and hearing, the minister issues an order forfeiting or suspending a management licence, timber permit, timber sale or timber agreement, he shall notify the holder of the management licence, timber permit, timber sale or timber agreement of such forfeiture or suspension and service of such notice may be effected in the manner provided in subsection (4). (6) A person whose management licence, timber permit, timber sale or timber agreement is forfeited or suspended by the minister under this section may, within thirty days after receipt of the notice of forfeiture or suspension, appeal the forfeiture or suspension to a judge of the Court of Queen s Bench to be designated by the Chief Justice of the Queen s Bench; and the hearing of the appeal shall be a hearing de novo and the decision of the judge shall be final. (7) The forfeiture or suspension of the management licence, timber permit, timber sale or timber agreement shall not take effect until the time for an appeal under subsection (6) has expired; and if an appeal is taken the forfeiture or suspension shall be suspended for a further ninety days at the end of which period the forfeiture or suspension shall take effect and remain in force pending final disposition of the appeal unless the minister deems it advisable to suspend the forfeiture or suspension pending final disposition of the appeal. R.S.S. 1978, c.f-19, s.38.

19 19 FOREST c. F-19 PART IV Slash Disposal and Fire Prevention Disposal of slash 39(1) If as a result of operations for cutting or removal of trees or timber, any slash, including in that expression any brush or debris, is occasioned or accumulated, the person carrying on the operations shall, on the demand of the minister or an officer authorized by him, dispose of the slash by burning or otherwise to the satisfaction of the minister. (2) If a person fails or neglects to dispose of any slash at the time and in the manner required under this section, the minister may dispose of the slash, in which case all expenses incurred therein shall be forthwith due and payable to the Crown from that person. (3) The Crown shall have a lien for the amount of any expense so payable to the Crown, and for all expenses of seizure, detention or sale incurred in enforcing the lien, upon all engines, logging plant, equipment and material used in the operation in which the slash was occasioned or accumulated, or belonging to the person carrying on the operation, and also against the lands, other than Crown lands, upon which the operation in which the slash was occasioned or accumulated was in whole or part carried on. (4) The lien mentioned in subsection (3) shall constitute a charge to the like extent, and shall confer the same rights, and shall be enforceable in the same manner, as the liens created by this Act for the recovery of dues, including an absoluate, unconditional power to sell. (5) All moneys payable under this section shall also be a debt due to the Crown recoverable by suit of the minister in any court of competent jurisdiction. R.S.S. 1978, c.f-19, s.39. Fire-guard around debris from industrial operations 40 Where the safety of any forest lands or trees or Crown timber is endangered by the debris caused by any lumbering or other industrial operation, the minister may require the person conducting the operation, or the owner or occupier of the land on which the debris exists, to cut down all dead trees and stubs within the area, and to establish a safe fire-guard around the area covered by the debris, such fire-guard to be cleared of inflammable material and to be of a width and character satisfactory to the minister. R.S.S. 1978, c.f-19, s.40. Information to be given 41 A person using, or travelling in, a provincial forest shall, upon request, give the local conservation officers of the department, or other authorized officers of the Crown, information as to his name, address, routes to be followed and the location of his camps, and any other information pertaining to the protection of the forest from fire. A person who refuses to give the required information is guilty of an offence and liable on summary conviction to a fine of not less than $10 nor more than $50. R.S.S. 1978, c.f-19, s.41.

20 20 c. F-19 FOREST Travel permits 42(1) The minister may, when he deems it necessary for the protection of a defined forest area, require that anyone wishing to enter and travel therein in any stated period shall previously obtain a travel permit. (2) Such permit may be obtained without charge from the local conservation officer of the department or any other authorized person. (3) No person shall travel in such defined area without having previously obtained a permit. (4) Any person who violates subsection (3) is guilty of an offence and liable on summary conviction to a fine of not less than $25 nor more than $100. R.S.S. 1978, c.f-19, s.42. PART V Provincial Forests Lands in provincial forests reserved 43(1) In order to reserve certain areas in the province for a perpetual growth of timber, and to preserve the forest cover thereon, and to provide for a reasonable use of all the resources that the forest lands contain, all provincial lands within the respective boundaries of the provincial forests mentioned in the schedule to this Act are hereby withdrawn from disposition, sale, settlement or occupancy, except under the authority of this Act or of the regulations made thereunder. (2) Notwithstanding subsection (1), the Lieutenant Governor in Council may withdraw from a provincial forest any land having a historical interest or required for the purpose of subdividing the same into lots for residential or business purposes or both. (3) All statutory road allowances, surveyed roads, streets, lanes and public reserves between or within parcels of land contained in a provincial forest shall for purposes of forest administration be deemed to be part of the forest, subject to The Highways Act respecting public highways and subject to the exercise of the powers conferred on a rural municipality by The Rural Municipality Act with respect to the construction, repair and maintenance of roads, lanes, bridges and culverts. R.S.S. 1978, c.f-19, s.43; , c.m-32.01, s.13. Power of Lieutenant Governor in Council to acquire lands in provincial forests 44(1) The Lieutenant Governor in Council may direct the minister on behalf of the Crown to acquire by purchase, expropriation or otherwise any land within a provincial forest, the title to which is not vested in the Crown, or to exchange therefor available provincial lands situated outside the boundaries of any provincial forest, and, where necessary, to make compensation upon such exchange, and a copy of every order in council authorizing such acquisition or exchange shall be laid before the Legislative Assembly during the first 15 sitting days of the next session thereof.

21 21 FOREST c. F-19 (2) The minister shall, for the purposes of this Act, have in addition to the powers therein enumerated all the powers conferred upon the Minister of Supply and Services under The Public Works Act; and that Act shall apply, with the necessary changes, to proceedings under this Act, including the payment and determination of compensation for property taken under the compulsory powers herein conferred. (3) Notwithstanding anything in this Act, the Lieutenant Governor in Council may cause to be established through and over any provincial forest such roads as are necessary for the convenience of the public, and nothing in this Act or the regulations shall prevent the proper use of such roads by bona fide travellers or by others requiring to cross such forest in pursuit of their ordinary business or calling; but nothing in this section shall operate to withdraw such roads from the provincial forest. R.S.S. 1978, c.f-19, s.44; 1983, c.11, s.28; 1991, c.t-1.1, s.22. Act not to apply where Crown has no title 45 Except as herein provided, this Part does not apply to any lands within the boundaries of a provincial forest the title to which is not vested in the Crown. R.S.S. 1978, c.f-19, s.45. Land required for railway purpose 46 The Lieutenant Governor in Council may sell or lease land within a provincial forest when the land is required for the right of way or station grounds of a railway, but the land, subject to the use for which it is sold or leased, shall still be part of the provincial forest within which it is situated; and if any such land ceases to be used for the purpose for which it was sold or leased it shall forthwith revert to the Crown. R.S.S. 1978, c.f-19, s.46. PART VI General Closure of access roads, etc. 47 The minister may, where he deems it necessary and advisable for the purpose of preventing excessive damage to road beds, by order close the whole or any portion of any forest access road or limit the load carried by, or fix the maximum speed of, vehicles using such roads. R.S.S. 1978, c.f-19, s.47. Powers and protection of conservation officers 48 All conservation officers of the department shall have the powers of constables to enforce this Act and the regulations and shall be entitled to all the protection to which constables are entitled. R.S.S. 1978, c.f-19, s.48.