Crown Timber Act (Chapter 102)

CROWN Tl~{BER CHAPTER 102 The Crown Timber Act Chap. 102 I. In this Act, (a) "Crown charges" includes all charges and dues in respect of Crown timber, interest, costs, expenses and penalties imposed under this Act or the regulations or by a licence, and all other charges, rents and claims of the Crown in connection with a licensed area; (b) "Crown timber" means timber on public lands or timber that is the property of the Crown under the manage ment of the Minister on lands other than public lands; (c) "cull" means a defective log as defined by the manual of scaling instructions; (d) "Minis ~y means the Ministry of Natural Resources (e) "licence" means a document heretofore or hereafter granted that authorizes the cutting of Crown timber; (J) "licensed area" means the lands upon which the right to cut Crown timber is authorized by a licence; (g) "licensee' means a person to whom a licence has been granted or to whom a licence has been assigned with the consent of the Minister or in whom a licence has become vested by operation of law; (h) "mill" means a plant in which logs or wood-bolts are initially processed, and includes a saw mill and a pulp mill; (i) "Minister" means the Minister of Natur a 1 Re sour c e s (j) "officer or agent" means a person employed or appoint ed to assist in the administration of this Act; (k) "productive lands" means lands that are not rock barrens, muskeg or lands covered with water; (l) "professional forester" means a person registered under The Ontario Professional ForestersAssociation Act, 1957; (m) "public lands" means the lands vested in Her Majesty in right of Ontario and under the management of the :\1inister, and includes the lands in respect of which a lease, licence of occupation or permit has been granted or issued under The M ininq .Ilet, The Provincial Parks A ct or The Public Lands Act; B-1 1972 C.4 5 12 Chap. 102 CROW2\i TI~IBI'R Sec. 1 (n) (n) "regulations" means the regulations made under this Act; (0) "stumpage charges" means the amount equal to the total of the amount of the Crown dues and any other amounts added t~ereto in fixing the price to be paid for Crown timber; I J (p) "unproductive hinds" means rock barrens, muskeg or lands covered by water. R.S.O. H160. c. 83, s. I; 1964, c.16,s.1; 1966,c.36.s.1. L1CE:\,CES TO CUT c.;ROW:-'; THIBEH 2.-(1) The Minister may offer Crown timber for sale by tender either, (a) to the public generally; or (b) to any particular class or group of persons who in his opinion are or may be interested in such timber as a source of supply of raw materials for mills in existence at the time the offer is made. (2) The Minister may grant a licence to cut such timber to the person making the highest tender therefor for such period as he considers proper, subject to such terms and conditions as are prescribed in the regulations and su bject to such other terms and conditions as he considers proper and that are not inconsistent with the regulations. (3) The Minister is not obliged to accept the highest tender. R.S.O. 1960, c. 83, s. 2. (4) The Minister shall not grant a licence under subsection 2 until the highest tenderer has furnished proof that he owns and is operating a mill or that he has a contract to supply wood to a mill. (5) Where the highest tenderer fails to furnish the proof mentioned in subsection 4 within thirty days of the sending to him by the Minister of notice to furnish such proof, the Minister may, subject to the furnishing of the proof mentioned in subsection 4, grant to the next highest tenderer a licence having the same terms, conditions and prices as those tendered by the highest tenderer. 1966, c. 36, s. 2 (1). (6) Where a licence has been granted under subsection 2 and the cutting of the timber authorized by the licence was not completed before the licence expired, the Minister may renew the licence for one term not exceeding three years, subject to such terms and conditions as are prescribed by the regulations and subject to such other terms and conditions as he considers proper and that are not inconsistent with the regulations. R.S.O.1960, c. 83, s. 2 (4); 1964, c. 16,5.2. B-2 CROWN TIMBER Chap. 102 (7) Notwithstanding subsection 1, the Minister may grant licences to cut Crown timber at such rates and subject to such terms and conditions as he considers proper, if the stumpage charges payable for such timber do not exceed $2,000. R.S.O. 1960, c. 83, s. 2 (5); 1966,c. 36, s. 2 (2). (8) Where for any reason the holder of a licence issued under subsection 2 or 6 does nouoperate a mill or does not supply wood from the licensed area to a mill during a period of twelve months ending on the 31st day of March in any year, the Minister may cancel the licence as of that day. 1966,c. 36, s. 2 (3). 3.-(1) The Minister, with the approval of the Lieutenant Governor in Council, may grant licences to cut Crown timber for such periods and subject to such terms and conditions as are prescribed by the regulations and at such prices and subject to such other terms and conditions as the Minister considers proper and that are not inconsistent with the regulations. R.S.O.1960, c. 83, s. 3 (1). (2) Where a licence has been granted under subsection 1 and the cutting of the timber authorized by the licence was not completed before the licenceexpired, the Minister may renew the licence for one term of one year, subject to the same terms and conditions as were contained in the licence. 1964,c. 16, s. 3 (1). (3) Where a licence to cut Crown timber is granted under subsection 2 ofsection 2 or under subsection 1or is renewed under subsection 6 ofsection 2 or under subsection 2, the Minister may, (a) determine from time to time the prices at which species of timber may be cut where the prices for such species are not specifically set out in the licence; and (b) grant to a licensee, from time to time during the term of the licence, rights to cut on the licensed area additional species not set out in the licence at such prices and upon such terms and conditions as he considers proper. 1966, c. 36, s. 3. 4. The Minister, with the approval of the Lieutenant Gover nor in Council, may designate any public lands as a Crown management unit and enter into agreement with any person for the supply of Crown timber to such person from such unit for such term of years and in such manner as they agree upon. R.S.O. 1960, c. 83, s. 4. 5.-(1) Where Crown timber in respect of which a licence has not been granted has been killed or damaged, the Minister may grant licences to permit thesalvage ofsuch timber and the cutting of an.... other Crown timber that in his opinion should in the B-3 Chap. 102 CROWN TIMBER interest of economic forest utilization be cut with such killed or damaged timber at such prices and subject to such terms and conditions as he considers proper. (2) Where Crown timber in respect of which a licence has been granted has been killed or damaged, the Minister may direct the licensee to cut such timber and any other timber that in his opinion should in the interest of economic forest utilization be cut with such killed or damaged timber at such prices and subject to such terms and conditions as he considers proper. (3) Where a licensee refuses or neglects to comply with a direction of the Minister under subsection 2 within such time as is fixed by the Minister, the Minister may cancel or vary the licence in respect of the timber directed to be cut and may grant licences to persons other than the licensee to permit the salvage of such timber and the cutting of any other Crown timber that in his opinion should in the interest ofeconomic forest utilization be cut with such killed or damaged timber at such prices and subject to such terms and conditions as he considers proper. R.B.O. 1960, c. 83, s. 5. 6.-(1) Every licence shall state the total area of the lands comprised therein and the area of the productive lands and the area of the unproductive lands included insuch total area. 1964, c. 16, s. 4. (2) Every licensee shall pay annually a forest protection charge and a management charge in respect of the productive lands comprised in the licensedarea. 1968, c. 24, s. 1. 7.-(1) The Minister may at any time cause a survey to be made to establish or re-establish the boundaries of any licensed area and the cost of such survey shall be borne by the licensee or, where the boundary in question is a division line between two licensed areas, the cost of such survey shall be borne by the respective licensees in such proportions as the Minister considers proper. (2) Where it appears that Crown timber has been cut without the authority of a licence and there is a dispute as to the boundaries of the area of the cutting, the Minister may cause a survey to be made to establish or re-establish such boundaries, and, where as a result of the survey it is established that Crown timber was cut without authority, the cost of the survey, in addition to any penalty that may be imposed, shall be borne by the person responsible for such cutting. R.B.O. 1960,c. 83, s. 7. 8.-(1) Every licence shall name the species of timber and describe the lands upon which such timber may be cut. 8-4 CROWN TIMBER Chap. 102 (2) If a licence is found to comprise a species of timber or lands included in an earlier licence, the later licence is void in so far as it conflicts with the earlier licence, and the person holding the later licence has no claim against the Minister for indemnity or compensation by reason thereof. R.S.O. 1960,c. 83, s. 8. 9. A licencedoes not confer on the licensee any right to the soil or freehold of the licensed area or to the exclusive possession thereof except as is in the opinion of the Minister necessary for the cutting and removal of the timber thereon and the management of the licensed area and operations incidental thereto. R.S.O. 1960,c. 83, s. 9. 10.-(1) Subject to the payment of Crown charges, the property in all timber of the species set out in a licence and cut during the term of the licence vests in the licensee at the time the timber is cut. (2) Crown charges in respect of all timber of the species set out in the licence cut on a licensed area during the term of the licence shall be paid by the licensee whether the timber is cut by the licensee or by any other person with or without his con sent. R.S.O. 1960, c. 83, s. 10. 11.-(1) Every licence entitles the licensee to seize all timber of the species set out in the licencecut on the licensed area during the term of the licence wherever the timber is found in the possession of a person not entitled thereto and to maintain an action against a person wrongfully cutting or damaging or having wrongful possessionof the timber. (2) All proceedings pending at the expiration of a licence may be continued to final termination as if the licence had not expired. R.S.O. 1960,c. 83, s. 11. 12.-(1) A licence does not confer any right to cut Crown timber on lands for which at the time the licence is granted a patent, lease, licence of occupation, or permit has been issued, unless the right to so cut is expressly granted by the licence. (2) A licence does not confer any right to cut Crown timber on unpatented lands that at the time the licence isgranted have been located or sold under The Public Lands Act. R.S.O: 1960, c. 83, s.12. . 13.-(1) No licensee shall commence cutting operations in any year until the Minister has approved in writing the area in which the cutting operations are to be carried on in that year. R.S.O. 1960,c. 83, s. 13 (1). 8-5 Chap. 102 CROWN TIMBER (2) Where a licensee does not pay the Crown charges within thirty days of the date the account therefor was sent to him, the Minister may withhold the approval mentioned in subsection 1 until such Crown charges are paid. 1966, c. 36, s. 4. 14.-(1) Every licence is subject to the condition that all timber cut thereunder, exceptj.imber that is used in Canada in an unmanufactured state for fual, building or other purposes, shall, except as provided in subsection 3, be manufactured in Canada into ties, poles, pit props, lumber, veneer or such like products or into pulp. R.S.O. 1960,c. 83, s. 14 (1). (2) For the purpose of subsection 1, chips produced as a by-product of the manufacture of lumber shall be deemed to be manufactured into lumber. 1961-62,c. 27, s. 1. (3) The Lieutenant Governor in Council, after giving thirty days notice of his intention so to do by publication in TheOntario Gazette, may suspend the operation of subsection 1 as to any kind or class of timber that he designates and as to any area that he defines and for such period and upon such other terms and conditions as he considers proper. 1968,c. 24, s. 2. 15. Every person who applies to the Department for a customs clearance document relating to the export of timber shall make a statement by affidavit or by statutory declaration respecting the timber in such form as the Minister pre scribes. R.S.O. 1960,c. 83, s. 15. 16.-(1) A licence shall not be assigned, pledged or charged without the consent in writing of the Minister and permission to cut timber on a licensed area shall not be granted by a licensee without the consent in writing of the Minister, and he is not under any circumstances bound to give such consent and he may impose such terms and conditions as he considers proper. (2) An assignment, pledge or charge of a licence or permission to cut on a licensed area does not have any force or validity unless the Minister has consented thereto in writing. R.S.O. 1960, c. 83, s. 16. (3) Where an application is made to the Minister for his consent under subsection 1 and he is of opinion that the licensee's cutting operations on and improvements of the licensed area have not been adequate in all the circumstances, he may cancel the licence. 1966,c. 36, s. 5. 17. Every licenseeshall keep in connection with every cutting operation such records relating to the quantity of timber cut as are required by the Minister and such records shall be open at all times to the inspection of any officer or agent and shall at the end of each cutting season be delivered to an officer or agent. R.S.O. 1960, c. 83, s. 17. 8-6 CROWN TIMBER Chap. 102 18. Notwithstanding the granting of a licence, the Minister may, (a) subject to this Act, dispose of any Crown timber not expressly mentioned in the licence; and (b) after t hirtv days written notice to the licensee specifying the action proposed to be taken and giving him an opportunity to be heard, sell, lease, grant or otherwise dispose of any public lands included in a licensed area for any purpose for which public lands may be disposed of under The Public Lands Act, and upon such sale, lease or grant being made all rights of the licensee in respect of the timber on such lands cease. R.S.O. 1960, c. 83, s. 18. LIEK FOR CROW:-;- CHARGES AND SEIZURE OF TIMBER 19. All Crown charges are a lien and charge upon timber cut by a licensee under the authority of any licence and upon any product manufactured from such timber in preference and priori ty to any and all other fees, charges, liens or claims whatsoev er. R.S.O. 1960, c. 83, s. 19. 20.-(1) Any officer or agent may seize and detain any timber and any product manufactured from such timber, (a) where the person for the time being in possession or control of the timber or product refuses or fails to inform the officer or agent of the name and address of the person from whom the timber or product was received or of any fact within his knowledge respecting the timber or product; or (b) where the officer or agent believes on reasonable grounds that the timber or the timber from which the product was manufactured has not been measured or counted by a scaler as required by this Act; or (c) where the officer or agent believes on reasonable grounds that Crown charges are owing by the licensee in respect of the timber or the timber from which the product was manufactured or any other timber; or (d) where the officer or agent believes on reasonable grounds that the timber or the timber from which the product was manufactured was not cut under the authority of a licence. (2) Any timber or product that is seized under subsection 1 may be removed to such placeas the officer or agent considers proper for the protection of the timber or product and, if it is seized when in possession of a carrier, it shall be removed by the carrier on behalf of the Minister to such place as the officer or agent may direct, but 8-7 Chap. 102 CROW~ TI~BER (a) the Minister is liable for transportation and all other proper charges incurred in consequence of the directions given by the officer or agent; and (b) such seizure does not prejudice or affect any lien to which the carrier is entitled in respect of the timber or product up to the time of such seizure. (3) Where timber liable to seizure under this section has been made up with other timber into a crib, dam or raft, or in any other manner has been so mixed at a mill or elsewhere as to render it impractical or difficult to distinguish such timber from other timber with which it is mixed, the whole of the timber so mixed may be seized and detained. R.S.O. 1960, c. 83, s, 20. 21. Where timber or any product manufactured therefrom has been seized and no claim to recover it is made within thirty days from the date of the seizure, the timber or product shall be deemed to be forfeited to and becomes the property of the Crown and may be dealt with in such manner as the Minister may direct. R.S.O. 1960, c. 83, s. 21. 22. Where timber or any product manufactured therefrom is subject to a lien and charge under section 19 and is under seizure or attachment by a sheriff or a bailiff of a court, or is claimed by or is in the possession of any assignee for the benefit of creditors, or any liquidator, or any trustee in bankruptcy, or where such timber or product has been converted into cash that has not been distributed, the Minister may give to the sheriff, bailiff, assignee, liquidator or trustee in possession of such timber or product, or cash, notice of the amount due or owing under such lien and charge, and thereupon the sheriff, bailiff, assignee, liquidator or trustee shall pay the amount so due or owing to the Treasurer of Ontario in preference to and in priority over all other fees, charges, liens or claims whatsoever. R.S.O. 1960, c. 83, s. 22; 1968, c. 24, s. 3. PROCEEDINGS FOLLOWING SEIZURE OF TI:\IBER 23.-( 1) A person claiming to be the owner of timber or a product manufactured therefrom that has been seized under this Act, upon at least four days notice to the Minister, may apply to a judge of the county or district court of the county or district in which the timber or product is held under seizure for an order for its release from seizure and its delivery to him. (2) Upon receipt of a bond of theclaimant, with two good and sufficient sureties, in an amount not less than the market value of the timber or product and theexpenses of the seizure, to be forfeited to the Crown if the claimant is declared by the judge not to be the owner of the timber or product, the judge may order the timber or product to be released from seizure and to be delivered to the claimant. 8-8 CROWN TIM BER Cha p. 102 (3) Upon the application of the 1\1inister or th e claim ant, and upon at least seven days notice, t he judge shall determine the ownership of the timber or product wheth er or not it has been released and delivered to the claimant. under subsection 2 and shall make an order, (a) declaring the claimant to be the owner, (i) free of any claim for Crown charges, or (ii) subject to payment of such Crown charges and expenses as he finds to be owing ; or (b) declaring the claimant not to be the owner and the bond, if any, forfeited to the Crown. (4) The judge shall make such order as he considers proper as to the costs of proceedings under this section and the expenses of seizure. (5) If th e claimant is declared not to be t he owner of the timber or product, it shall be disposed of in such manner as th e Minister determines. R.S.O. 1960, c. 83, s. 23. FOREST MANAGEMENT 24.-(1) Every licensee shall, when required by th e Mi nister, furnish within such period as is fixed by the Min ister a man age ment plan, (a) consisting of a report, inventory, map s and an operat ing plan prepared in conformity wit h the manual of man agement plan requirements authorized by th e Min ister ; and (b) prepared und er the supervision of a professional forester and certified by him in the following form: I hereby certify that th is plan has been prepared und er my personal supervision a nd that all field work and calculations ha ve been carr ied out to t he best of my skill and judgment in accordan ce wit h the manual of management plan requ irements. (2) Every licensee who is not requ ired to sub mit a manage ment plan und er subsec t ion 1 shall, when required by t he Min ister and within such period as is fixed by the Minister, furn ish an operating plan showing the proposed operations and a statemen t of t he purpose for which the timber is to be used . (3) The Minister ma y approve a management plan or opera ting plan as submitted to him or may approve it with suc h alterations t herei n as he consider,sadvi sable. I (4) A licensee shall conduct ~II operations on his licensed area in accordance with th e approved management plan or opera ting plan, as the case may be. 8-9 Chap. 102 CROW); TI~IHER (5) Where a licensee fails to furnish a management plan or an operating plan, as the case may be, within the period fixed by the Minister, the Minister may cause t he plan to be prepared, and the cost thereof shall be a claim of the Crown in connection with the licensed area. HI6-l, c. 16, s..'). 25.-( 1) Every licensee shall furnish to the Minister, (a) at least thirty days before cutting; operations commence in each year, an annual plan for the cutting operations to be conducted by him during the twelve-month period commencing on the lst day of April in that year; and (b) not later than the 31st day of October in each year a map showing the boundaries and the acreages of the areas cut over and the parts thereof that were not cut during the twelve-month period ending on the 31st day of March of that year together with a statement of the acreages of the areas cut over, the parts thereof that were not cut and the amount, species and size of timber cut from each cutting area during such period. R.S.O. 1960, c. 83, s. 25 (1); 1961-62, c. 27, s. 2 (1); 1966, c. 36, s. 6. (2) The Minister may approve an annual plan or may approve it with such alterations as he considers advisable, and, where the alterations involve the alteration of an approved management plan or operating plan. the management plan or the operating plan, as the case may be, shall be deemed to be altered according ly. R.S.O. 1960, c. 83, s. 2.5 (2); 196-1, c. 16, s. 6. (3) Cutting operations in each year shall be conducted in accordance with the approved annual plan. R.S.O. 1960, c. 83, s. 25 (3). (4) The Minister may enter into an agreement with a licensee for the promotion and maintenance of the productivity of the licensed area. 1961-62, c. 27, s. 2 (2). 26.-(1) Notwithstanding anything in any general or special Act or in any regulation or in any licence or in any management plan or operating plan, the Lieutenant Governor in Council, having regard to reasonable business requ irernents of the licensee, may cancel or vary any licence in respect of one or more parts of a licensed area or in respect of an,\" type, size or species of timber designated by him. R.S.O. 19pO, c. 83, s. 26 (1); 1964, c. 16, s. 7 (1). / (2) Notwithstanding anything in any general or special Act or in any regulation or in any licence or in any management plan or operating plan, the .\1inister rna...:. 8-10 CROWN TIMBER Chap. 102 (a) limit the cutting of the timber included in any licence in respect of the size, age, quality, species, types and distribution thereof as he considers consistent with the best forestry practices; (b) determine the species and quantities of Crown timber that may be cut by any licensee for the manufacture of lumber, pulp, paper 01" other products; and (c) for the purpose of forest management, watershed pro tection, fire protection, 01" the preservation of beauty of landscape, game preserves or game shelters, direct the marking of trees to be left standing or to be cut in any area designated by him, and direct the licensee to pay the cost of such marking. R.S.O. 1960, c. 83, s. 26 (2); 1964, c. 16, s. 7 (2). (3) Any action by the Lieutenant Governor in Council under subsection 1 or any action by the Minister under subsection 2 in respect of matters other than fire protection does not affect operations being carried out or to be carried out pursuant to an approved annual plan. R.S.O. 1960, c. 83, s. 26 (3). 27. No person shall commit wasteful practices III forest operations. R.S.O. 1960, c. 83, s. 27. 28. Every licensee shall, when required by the 1'v1 inister and within the time specified, furnish to him in writing and under oath such information relating to the utilization, transformation or disposal of the timber cut on the licensed area and any products manufactured therefrom as he requires. R.S.O. 1960, c. 83, s. 28. 29. Where a licensee contravenes any provision of sections 24 to 28 or any order of the Minister made thereunder, the Minister may suspend the operation of the licence in whole or in part for a period not exceeding six months. R.S.O. 1960, c. 83, s. 29. 30. Where a licensee contravenes any provision of sections 24 to 28 or any order of the Minister made thereunder, the Lieuten ant Governor in Council may, (a) suspend the operation of the licence in whole or in part for such period as he determines; or (b) cancel the licence in whole or in part. R.S.O. 1960, c. 83, s. 30. 31. Thc Minister may autnbrize a manual of management plan requirements prescribing the method of preparing manage ment plans, operating plans, annual plans, and inventories, and the form thereof. 1964, c. 16, s. 8. 8-11 Chap. 102 CROWN TI~fBER SC.-\LERS 32.-(1) The Lieutenant Governor in Council may appoint boards of examiners, each consisting of three skilled persons, any two of whom form a quorum, whose duty is, (a) to examine and report upon the ability and knowledge of persons desiring to be licensed to measure all classes of timber; and (b) to perform such other duties as are assigned to shern by the Lieutenant Governor in Council. R.S.O. 1960, c.83,s.32(1); 1966, c. 36,s. 7. (2) The Minister shall determine the standard and method of examination. R.S.O. 1960, c. 83, s. 32 (2). 33.-(1) Every examiner, before entering upon his duties, shall take and subscribe an oath in the following form: I, , will act as examiner of scalers to the best of my ability and knowledge, and will conduct the examination without fear, favour or affection and recommend for licences only those persons who have satisfactorily proved their fitness to discharge the duties of measuring timber. So help me God. (2) The oath shall be transmitted to the Minister. R.S.O. 1960, c. 83, s. 33. 34. The members of boards of examiners shall be paid such remuneration and travelling expenses as are determined by the Lieutenant Governor in Council. R.S.O. 1960, c. 83, s. 34. 35.-(1) Every board of examiners shall sit at such places and on such days as are determined by the Minister, and shall examine all candidates who present themselves, and at the close of the examination, or as soon after as may be, shall transmit to the Minister the names of such of the candidates as thev believe are trustworthy and of good character and who on examination have satisfactorily proved their fitness to discharge the duties of measuring all classes of timber or of measuring pulpwood and whom they recommend as having the requisite skill and knowl edge to warrant their being licensed as scalers. (2) The Minister may determine the amount of the examina tion fee to be paid by candidates. R.S.O. 1960, c. 83, s. 35. 36.-(1) The Minister may issue a scaler's licence to any person who has been recommended by a board of examiners and who has taken the oath prescriged by section 38. 1966, c. 36, s. 8. (2) Every scaler's licence ewires with the 31st day of :\1arch of the third year after the 31st day of March that preceded the date of issue. 1964, c. 16, s. 9 (1). 8-12 CROWN TIMBER Chap. 102 (3) A scaler's licence may, upon application to the Minister, be renewed from time to time either before or after the expiration thereof or of the last renewal, and every renewal expires with the 31st day of March of the third year after the 31st day of March that preceded the date of issue, but, where a licence has not been renewed within three years after its expiration or after the expiration of the last renewal, it shall not be further re newed. R.S.O. 1960, c. 8.'3, s. 36 (3); 1964, c. 16, s. 9 (2). 37. Where a licensed scaler is not available, the Minister may issue a special permit to anyone whose trustworthiness and skill have been established by the affidavits of two responsible per sons. R.S.O. 1960, c. 83, s. 37. 38.-(1) Before a scaler's licence or special permit is issued, the applicant shall take an oath in the following form: I, , while acting as a licensed scaler (or as holder of a special permit), without fear, favour or affection, and to the belt of my judgment and skill, will measure correctly in accordance with the authorized manual of scaling instruc tions all Crown timber that I am employed to measure, and make true return of the same to the Department of Lands and Forests or its officer 01' agent. So help me God. (2) The oath shall be transmitted to the Minister. R.S.O. 1960, c. 83, s. 38. 39. The Minister may authorize a manual of scaling instruc tions prescribing the method of measuring Crown tim ber. R.S.O. 1960, c. 83, s. 39. 40.-(1) It is the duty of every licensed scaler or holder of a .special permit to measure in accordance with the authorized manual of scaling instructions all Crown timber that he is employed to measure, making only such deductions as are authorized by the manual, and to enter in a book of record, for the purpose of a return to the Department, the contents of the timber or pulpwood measured by him and the number of logs rejected as culls. (2) It is the du ty of every licensed scaler or holder of a special permit to stamp upon every cull the word "cull". 41. All Crown timber shall be measured by a licensed scaler or a holder of a special permit at the place of cutting or at a concentration point adjacent to the place of cutting, and no Crown timber shall be manufactured or removed from the place of cutting or from the concentration.point before being so measured, without the written authority of the Minister. R.S.O. 1960, c. 8:3, s. 41. 8-13 Chap. 102 CROWN TIMBER 42.-( 1) Pulpwood cut in lengths of more than eight feet shall be measured in cubic feet of solid wood and not in stacked cords. (2) Pulpwood cut in lengths of eight feet or less may be measured in cubic feet of solid wood or in stacked cords, as the Minister directs. (3) Where a licensee is required or permitted to measure pulpwood in cubic feet of solid wood he is entitled to convert 8.5 cubic feet of solid wood into 128 cubic feet of stacked wood . R .S.O . 1960, c. 83 , s. 42. 43. Every licensed scaler and every holder of a special permit shall submit his books and records of measurements of Crown timber for the inspection of any officer or agent when called upon so to do , and shall furnish all inform ation a nd statements or copi es of statements that the Minister or any officer or agent re quires. R.S.O. 1960, c. 83 , s . 43 . 44. The Minister may suspe nd or ca ncel the licence or specia l permit of any scaler who underrneasures or mismeasures or improperly culls any Crown timber , or makes a false return; or fails to make a return when required . R.S.O. 1960, c. 83, s. 44 . LICE:-'-SI:"G OF :\IILLS 45.-(1) No person shall construct , reconstruct or operate a mill, or increase the productive capacity of a mill . or convert an existing mill into a mill of any other typ e, without a licence from the M inister. R.S.O. 1960 , c. 83, s . 45 (1) ; 1964 , c. 16, s. 10 (1). (2) A licen ce under subsection 1sha ll not be granted unless the applicant has , in the opinion of the Minister, a sufficient supply of logs or wood-bolts. 1964, c. 16, s. 10 (2). (3) The granting of a licence under subsection 1 does not imply any obligation on the part of the :'.1 inister to make Crown timber available for the mill. 1968, c. 24, s. 4. PF.:".-\LTIES 46.-(1) Every person who, (a) commences cu tt ing operations without the approval of the M inister under sect ion 13, or carries on cut t ing operations beyond the lim its of t he area approved by the Minister und er sec t ion 13. is liable to a pen al ty of an am ount not less than the amount of th e stumpage charges on the timber so cut a nd not more than five tim es the amount of such charges ; (b) contra venes subsec t ion l' of sec tion 14 or any order or direction made under sect ion 26 01" any regulation made under clause h of sec t ion .'j I is liable to a penal ty of an am ount not less than the amount of th e stumpage 8-14 CROWN TIMBER Chap. 102 charges on the timber in respect of which such contra vention occurred and not more than five times the amount of such charges; (c) except under a licence, cuts or employs or induces or assists any other person to cut Crown timber or removes or employs or induces or assists any other person to remove Crown timber is liable to a penalty of an amount not less than the amount of the stumpage charges on the timber in respect of which such contravention occurred and not more than five times the amount of such charges; (d) contravenes section 41 is liable to a penalty of an amount not less than twice the amount of the stumpage charges on the timber in respect of which such contra vention occurred and not more than five times the amount of such charges; (e) contravenes section 17 is liable to a penalty of not less than $50 and not more than $5,000; (f) when in possession or control of any timber or any product manufactured therefrom, upon request refuses or fails to inform any officer or agent of the name and address of the person from whom the timber or product was received or of any fact within his knowledge respecting the timber, is liable to a penalty of not less than $10 and not more than $500; (g) interferes with any officer or agent who seizes timber under this Act, is liable to a penalty of not less than $100 and not more than $500; (h) removes or attempts to remove or interferes or attempts to interfere with any timber or any product manufac tured therefrom after it has been seized under this Act, is liable to a penalty of not less than $100 and not more than $500; (i) makes or avails himself of any false statement or oath with respect to any matter under this Act , is liable to a penalty of not less than $100 and not more than $,500; 0) contravenes sect ion 45 or any regulation made under clause m or v of section 51, is liabie to a penalty of not less than $25 and not more than $1,000 for the first contra vention and to a penalty of not less than $;')0 and not more than S5,OOO for each subsequent contraven tion. H..s.a. 1060, c. 83, s. 47 (1); IDti-t- , c. 16, s . 12; 1066, c. 36, s. O. (2) Where in the opinion of the Minister a person is liable to a penalty under subsection I, he may give notice to the person by registered mail, 8-15 Chap. 102 CROWN TIM BER 47. (a) setting out the facts and circumstances that in his opinion render the person liable to a penalty; (b) requiring the person to pay such penalty as he considers proper in the circumstances; and (c) specifying the time within which the penalty shall be paid. (3) If a oerson fails to pay a penal ty in accordance with a notice under subsection 2, the Minister may bring an action for the recovery of the penalty in a court of competent jurisdiction, and in such action it is the duty of the court, (a) to determine whether such person is liable to a penalty under su bsection 1; and (b) if it is determined that the person is liable to a penalty, to confirm or vary the amount thereof claimed by the Minister; and (c) to give such judgment as it considers proper; and (d) to make such order as to costs or otherwise as it considers proper. R.S.O. 1950, c. 83, s. 47 (2, 3). GENERAL R,eJ?ealed 48. Every thing done by the Minister under the authority of this Act shall be deemed to be of an administrative and not of a legislative nature. R.S.O. 1960, c. 83, s. 49. 49.-( 1) Notwithstanding anything in this Act or any general or special Act or in any order in councilor regulation or in any agreement or licence made or granted under any of them. the Lieu tenant Governor in Council may make regulations increasing or decreasing the Crown dues payable in respect of any kind or class of timber or increasing or decreasing the annual forest protection charge or management charge payable in respect of licensed areas, and any such regulation shall be made to take effect on the 1st day of April immediately preceding or at such subsequent time as is specified in the regulation. 1966, c. 36, s. 10; 1968,c. 24,s.5. (2) Where by the terms of a licence a price is fixed for an;' kind or class of timber and such price is stated to be inclusive of Crown dues or a price is fixed withou t reference to Crown dues, such price shall be deemed to be increased or decreased from time to time, as the case may be, by the amount whereby Crown dues are increased or decreased under subsection 1. R.S.O. 1960, c. 83, s. 50 (2). I ; 8-16 11972 C.4 5.16 CROWN TIMBER Chap. 102 50.-(1) Every licence granted under a predecessor of th is Act and su bsisting when t his Act cornell into force shall, subject to subsec tion 2, continue in force in accord ance with th e terms of the licence . (2) This Act and the regulations apply to every licence hereto fore or hereafter granted and, where there is any confl ict between this Act or the regulations and any licence , this Act and the regulations govern. R.S .O. 1960, c. 83, s. 51. REG ULATIONS 51. The Lieutenant Governor in Council may make regula t ions, (a ) prescr ibin g the terms and condi tions that shall apply to licences, other than those granted under subsection 7 of sec t ion 2 or section 5; (b ) prescribing te rms and condit ions, in addi tion to t hose prescribed und er cla use a , t ha t s hall apply to licences to cut Crown t imber in a pro vincial pa rk; (c) fixing t he amounts of forest protection charge, ma nage ment charge and oth er charg es to be pa id in resp ect of licensed areas ; (d ) fixing the Crown dues to be paid in respect of each species of timber, other th an damaged t imber, cut under licence; (e) fixing th e t imes at which Crown charges are payable and t he ra te of in terest to he charged on overdue accou nts ; if) fixing t he fees to be paid on the transfer of a licence; (g) prescrib ing th e manner in which a seizure of timber may be effected under sect ion 20; (h) fixing th e minimum size of any species of trees that may be cut und er licence; (i) de fining was teful pract ices in forest operat ions and prescribing the penalt ies that may be imposed for contra vention of any such regula t ion ; (j) classifying mills and provid ing for the issue of licences th erefor ; (k ) prescr ibing the form of mill licences a nd the fees to be pa id t herefor; (l ) prescribing th e te rm of mill licences and pr oviding for th e t ra ns fer, renewal , sus pe nsion and ca ncellat ion thereof; ., (m ) impos ing condi t ions a..1 to the location of mills, the mechanical efficiency thereof and operat ing methods of mill licensees , including t he disposal of waste or refuse; 8-17 t1972 c.26 s.l Chap. 102 CROWN TI!'oIBER (n) providing for the periodical inspection of mills; (0) prescribing the returns that mill licensees shall make to the Minister as to their mills and operations, including the sources, species, quantities and disposition of mate rials processed; (p) prescribing the form of scalers' licences, special permits and renewals and the fees payable in respect thereof; (q) prescribing penalties for the contravention of any provi sion of this Act or the regulations where no penalty has been fixed by this Act; (r) governing the cutting of timber before the issue of a patent by a purchaser or locatee of lands for agricultural purposes under The Public Lands Act and prescribing the extent to which and the conditions under which such cutting may be carried on; (8) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act. R.S.O. 1960, c. 83, s. 52; 1968, c. 24, s. 6. 52.Any regulation may be limited ter-11971 ritorially or as to time or other wise. I ," 8-18 C.23 5.4