Forest Improvement Act (Chapter 114)

CHAPTEU 114 Forest Improvement Act I In this Act, (a) "buyer" means a person who as principal or agent buys or otherwise acquires a primary for est product of a commercial forest opP.ration; (b) "commercial forest operation" means an op eration involving the cutting or felling of trees for primary forest products but does not include. (i) the cutting or felling of trees for fuel wood: or (ii) an operation by a proprietor or wood lot owner who employs not more than two helpers in a cutting operation of less than twenty-five thousand feet board measure or fifty cords or an equivalent volume by any other method of measurement on his own wood lot or farm m any calendar year; (c) "Department" means Department of Lands and Forests; (d) "Forest Practices Improvement Board" or "Board" means a board appointed by the Governor in Council pursuant to this Act; (e) "forest district" means an area described and defined as a forest district by the Minister; (f) "immature stand" means an area of not less than three acres of young healthy spruce, pine. hemlock or yellow birch which according to the cri teria established as a result of studies carried out by the Minister pursuant to subsection (3) of Sec tion 9 is an immature stand; (ff) "lake" or "designated lake" means a lake designated by the Governor in Council pursuant to this Act as a designated lake; (g) "Minister" means Minister of Lands and For ests; (h) "operator" means a person who carries on or causes to be carried on a commercial forest oµerat ion; (i) "primary forest product" means any part or parts of commercial value of a tree which has been f elle<l but has not been processed beyond re movtng the limbs or bark or both; · (j) "river" or "designated river" means a river or a portion thereof designated by the Governor in Council pursuant to this Act as a designated river; (k) "spruce" means red and black spruce. 1965, c. 7, s. 1.. nHiK, t:.2K. s. l. 2 (1) No person shall buy or otherwise acquire except by inheritance or other process of law a primary forest product except for his personal use or consumption or for fuel wood unless he holds a buyer's certificate of regis tration issued by the Minister under this Act. (2) No person shall conduct a commercial forest op eration unless he holds an operator's certificate of regis tration issued by the Minister under this Act. 196.5, c. 7, s. 2. 3 (1) Subject to the regulations. the Minister may issue certificates of registration. (2) The Minister may cancel or suspend for such period as he thinks advisable the certificate of registration of any buyer or operator convicted of an offence under this Act. (3) Every certificate is valid for the calendar year in which it is issued and, upon application, shall be re D-2 newed from year lo year so long as the holder makes the reports and returns requin.'Cl under this Act and has not been convicU>d of an offence un<ler this Act. 1965. c. 7. s. :l 4 Every holder of a certificate of registration issued under this Act shall keep such rec-ords and make such re ports and returns as arc prescribed or required by the regu lations. 19ti5, c. 7. s. 4. 5 A certificate signed or puq11>rting to he signed by the Minister and bearing the seal of the I )epartment that on a date or within a period stated in the certificate a person was or was not the holder of a certificate of registration under this Act or 'did or did not file a report as required by this Act or the regulations shall be n-ceived in evidence without proof of the signature or of the official character of the person appearing to have signed it and shall be JJli·ma fa1·i, · prooi of thr facts stated therein. · 1965, c. 7, s. 5. f)A (1) Thert• shall lw a Provincial Forest Practices lmprovernent BoarJ for the ProvirH·c. <"onsisting of six members. (a) on1..• of \\·l1orn shall lw the Minister or a per son appointed l1y Uw Ministvr who shall act as Chair man of the Provincial Hoard. and (hJ five of \\·horn shall be appointed by the Gov ernor in Council lu represem the following: namely. (i) the Nova Scolia Voluntary Planning B0ard. (ii) Liw s,rnn producLs segm ent of the forest industry. (iii) the pulp products segment of the forest industry, (iv) the owners of small wood lots. and ( v) the N uv a Scotia Section of tlw Canadian I r.stilute of Forestry. (:!J The Governor in Counril may prescribe the term of officl' of each member of tlw Provincial Board ap pointed pursuant to clause (b) of subsection (1). ({) The Minister shall appoint an officer employed in the Department to act as secretary and executive of ficer of the Provincial Board. D-3 (4) The function of the Provincial Board shall be to encourage better forest practices in the Province and the Prnvincial Board shall: (a) assist. co-operate with, foster and initiate ac tivity by the Forest Practices Improvement Boards; (b) co-ordinate the activities of the Forest Prac tices Improvement Boards by establishing and main taining contact with each Board; (c) establish educational and other programs for the benefit of persons engaged or interested in the foresJ,ry industry; (d) report annually to the Governor in Council on the activities of the Forest Practices lmprove mertt Boards and make recomm€ndations for the imprnvement of the administration of this Act. (5) Members of the Provincial Board other than the Minister shall be paid by the Department such rea sonable and necessary expenses as are incurred by them in carrying out their functions under this Act and may be reimbursed at such rate and in such manner as the (;overno1· in Council determines . 1968, c.28, s.2. 8 The Minister may by order published in the Royal Gazette designate and describe an area as a forest district for the purposes of this. Act. 1965, c. 7, s. 6. 7 (1) The Governor in Council may appoint for any forest district a Forest Practices Improvement Board con sisting of a foresl.l'l' and four other persons representing so far as is practicable the following interests; namely, small wood lot owners. a municipality in which the dis trict or part of it is located, the owners of woodlands of one thousand acres or more, and one member at large. (2) The Governor in Council may prescribe the term of office of each member of a Board and may designate one merpber to be chairman. (:3) The forester who is a member· of the Board shall act as technical adviser and forester to the D-4 Hoard and may al·t as sec:retary unless another mem lwr is appointed hy the Board. (4) The members of a Board shall be paid by the Department such reasonable and necessary expenses as are incurred by them in carrying out their functions under this Act and may be rimbursed at such rate and in such man ner as the Governor in Council determines. 196.5, c. 7, s. 7. 1968, c.28, s.:3. 8 Every Board shall: (a) work closely and in co-operation with re presentatives of •the Department in the district for which the Board is appointed; (b) do everything in its power to encourage bet ter forest management practices through education, persuasion, and the enforcement of this Act and the regulations; (c) with the approval of the Minister, cause to be prepared a manual of good forest practice: (d) tender the manual or make it available to operators and buyers in the district; (e) make availabl~ to operators and buyers the forms prescribed for making their reports and returns; and (f) prescribe, advise and make recommendations concerning cutting practices and reforestation pro cedures in the distrjct for which it has been ap pointed. 1965, c. 7, s. 8. 8 (1) Except for the purpose of providing necessary roadways or brow or camp sites no person, as part of a commercial forest operation, shall fell healthy immature spruce, pine, hemlock or yellow birch trees in an immature stand of any of such species unless he has first obtained permission to do so from the Board of the district in which the stand is situated. (2) On an application for permission under this Section the Board with such advice as it considers neces sary or advisable will determine whether or not the st.and is an immature stand and will use its best judgment in es tablishing a satisfactory criterion for maturity and whether D-5 a11d upun \,·hat c"nditions having n·gard Lo all relevant cin:umstanc·c·s s11ch permission -;hould lie grantc-x:I. 1:{1 In order to hl'lp ach11•\ t' a ,.atisfactory criterion. the :\lmisti>r may earry out scil'nlific studies to aseertain the pornt ,,r C('Onnrnic culmination :md grm,·th on a\·erage stands :ll 11hieh the µeak of pr1tl'ntial )'ield ()J' volume can tw L'Xl'l'('t ,.,.] ()J" Lfw stage of gT(l\\'lf'. :1t ,,·hich a gi,·,•r1 a<-r(• will 011 th,· ;1\·t•ragl' produr:1' th~· g-1 1 ·:ilc'st volume of wood. and Uw H,iard in making a iud!!r1w!1l nnder sul,se.:-ti<ln {'.:!) shall gl\L' due weight to U:t' f111dings of such a st.udy. (-1) Th(' Ministl'I' shall 1·ns1ir1· thal th(' sludit'~ illl'll· tionL><I Ill s11hsectiun ('.l) arc· c·arri,,l ,.,ut 1n all reasonalilc· consultati()n with l'l'Jlrt'Si>ntativc•s of tfw :'\o\'a ;-;cotia \'olun tary !'Janning Board. thl' '.\11\a ~1·,1t1a F11n•st l'rodu<'t~ Association. the 1'\;ova Scc>l1a :-;,'(·\ion uf tl1l' ('anacl1a11 In stitutl' of Forestry. the 1',;o\·a ~rnt1a J-'(~lvral1on llf .-\1.;r1 culture. th<1 Small \\'ood!ot I hnwr:.,· ,\:,;soc1ation and the J\iova Scotia Se<:Lwn of thc> ( ·an:idian Forestry .-\ssoc1at11m. 19li5. c. ,. "· !l. 10 (I) A iwrson who is carrying on a conm1l'rc·ial forest operation shall not fell or causl' l.<1 lw felk~l trees in an:v stand except 111 accordance with practices recommended by Lhl' l loard for the district in \\ li1ch the sland is situated. (:!I Tlw llc,anl 1n pr1·.'~Til,11,:..: ,,r n¾·on:nll'11din}..'. cut ting pr:ll't l('l'> shall n·qu11·<· th::: ,·:1t: ing LL· 1·:u-r1ed out 111 suc.h a rnanrwr as lo )ll'lll:J()(<' thv ld,,·li!,,11>d of rt·gt·neratJon and fll'!'.S('J"\ l' ,·xistin l..'. )1)\1!712" ). '.]'(1\l"lh (Ir dt'sirahlc· SJH:'cies of trev~ 1:\1 \\"fwn 1t1 tli,· <>11111111:, ,1( tilt' \linistl'1- a forest euttiri)..'. ,qwr;1L:1>11 1s hl'1111.: L·:1rr11·d <>11 111 sut·h ;1 manrH.'I" a:-; i.~ ,·l1·:1rl\ lil,"·ly :-;ul,,-;t:mt 1:tll , l(> dc•:-;t ruy Uw futun· p0Ll'nt1a! ,if tll\' stand 011 \\-l)l(·t; 1t 1,: l)('ing carried on tir its normal regerwra\1or1 Lil<' .\-Tmisll'!'. with th<' approval of the Cu\ ernor in (·,Hl!lcil. n1a:-,· app!, lt> till' judge of the ('ounty Court ha\·111g jur1c-dir-t1"11 i11 dw place \\hl'l'e the stand 1s for an 111.i1111ct1()11 t,1 restrain t hc> further carrying on of the uperat1or, I !1 Tl,,· 111dg<' .,hall as S()on a" t"l'asonably possible fwar Lhl' :q1pl1,·ati,rn and may grant ,ir refuse it upon such tt•rms as :1ppl'ar Le> him lo be Just and reasonable in accor dance \\ 1th the general law and rules of cow·t relating to injunet1rn1,-.. 0-6 (;>I , ;q,pe,d shal l lie• from Lile dt~is ion of the .iudi.re of tlH· l 'ounly \ ·ourl to the Appeal Divisi on of the ~uprenw ( 'ourt .. (fi) t :pon the hearing (lf an aµplicalion or an appeal under t.his :-;t'(·\ion, the judge of the (\Hint.\ Court or the Appeal I >i, is1on 1Jf til l' Supreme Cou rt ma\ award cost :-; against tlH· \lini ster but not a,l!ainst th(' defendant. 1965 . ('. 7, s. 10. 11 ( J l Tlie person conducting any commercial forest operation >,hall use every effort to harvi'St all possib le saleable wood of commercial value contained in Lops, stumps, fir and otht•r like sp('<.'.i~ anti diseas1.,'<.I wood . (2) When in the opinion of the Board for the dis t.rid in which an operation was carri t.>d on the person con ducting Lhe operation has not complied with subse(' tion (1) and a mark!'l exists 'for Llw wood that was not ha'rvested that will afford su fficient remuneration lo cover the normal cost of harvesting and transportation by reasonably ef ficient methods appropriatt• to Uw s ize and nature of the operation and the location of the market. the Board may require the operator within a reasonable time to be pre scribed by the Board to harvest wood that was not har vested in the original operation and that is specified in the order of the Board . (:·H A person who without reasonable grounds fails LO obey an order of a Hoard g-iven under subsection (2) is guilty of an offence under this Act. (41 ThP Board in carrying out its duties shall give appropriate weight to the principle that all trees cut will lH,' used as far a s reasonably practicabll' for the purpose which will best contr-ibute to t.he sustained development of th e t>eonomy llf the Province. 1965. c . 7. s . 11. 12 ( l 1 '.',;,, 111· rs<111 s li ;dl f<-11 ;t lrt·• · 11·ithi n 11t1t ' l11 111dn·d f1 't 'I t ,I (;l) th l.' outsid, · l111 t Jt id:11·:,. · or all ,\ ' Ll'llnk hi~'. h\\'ay or ,;1 wl1 11! lwr lii g l111 :t:, ; t:, I>, dvs ign; tted l,y til t• ( ;m: 1•n111r 111 ( 'ount'it; ur D-7 (l1) the bank of an.\· dl',;ignalt'd 1·iver. pal't of a nH·1· or lake; Pxcept for the purpose of pro,·iding road\\"ays or brow sitPs or exet•pl \,·ith the appro\':li of the Board and un dvr the· rnndilions prescribed Ii,\· the Board and under tlw supervision of the Board':-; fun•:-;ter. (2) When an application is made to a Board under subsection (1) the Board shall approve the cutting under supervision of mature trees or of any trees or thinning or select cutting on condition that. all reasonable precautions are taken to minimize fire hazards and to maintain a green border of healthy growing trees along the margin of the highway or designated river or lake (3) The Governor in Council may designate any river in the Province or any portion of a river as a desig nated rivet or any lake as a designated lake for the pur-· poses of this Section and of this Act. 1965. c. 7. s. 12 ... HH,8, c.28, s.4. 13 The Minister. subje::t to the approval of the Gov ernor in Council and after all reasonable consultation with representatives of the organizations mentioned in subsection (4) of Section 9. may make regulations: (a) prescribing the records to be kept and main tained by buyers and operators and the forms of reports and returns and the information to be con tained therein to be made by buyers and operators; (b) prescribing the time or times at which re ports and returns shall be made; (c) prescribing the forms of certificates of regis tration and the manner and form of making appli cation therefor; (d) prescribing the terms. conditions and restric tions to which certificates of registration may be sub ject; (e) prescribing the fees payable for certificates of registration and the time of payment thereof; (f) prescribing the amounts of loans that may be made by the Timber Loan Board and the terms and conditions upon which such loans may be made: D-8 (g) prescribing the procedure to be followed in any appeal to the Minister from a decision of a Board; (h) respecting any other matter indicaW in this Act. 1965. c. 7. s. 13. , 1968, c.28. s.5. 14 A person who violates or fails to observe any pro vision of this Act or the regulations or an order or direction of ~ Board given under this Act is guilty of an offence and upon conviction for a (a) first offence may be ordered to pay the costs of the prosecution and, until the Minister orders otherwise, shall not be eligible to receive any as sistance of any kind from or through the Department or the Timber Loan Board or to engage in any trans action of 'any kind relating to Crown lands except as a bona fide employment as an individual wage earner; and (b) second or subsequent offence is liable in ad dition to any penalty that may be imposed under clause (a) and the disqualification arising under that clause to the penalty prescribed by Section 89 of the Summary Convictions Act. 1965, c. 7, s. 14. 15 No prosecution under this Act shall be instituted except with the written consent of the Minister. 1965, c. 7, s. 15. 16 Any person affected by a decision of a Board may appeal from the decision to the Minister. 1965, c. 7, s. 16. 17 (1) There is hereby established a Timber Loan Board, the chairman, members and staff of which shall be the persons who from time to time are the chairman, mem bers and staff of the Nova Scotia Farm Loan Board. (2) The Timber Loan Board may make loans to persons for the purchase of forest lands in such amounts and upon such terms and conditions as may be prescribed by regulations made pursuant to Section 13. (3) The authority contained in the Agriculture and Rural Credit Act for the provision of funds for the use D-9 of the Nova Scotia Farm l.oan Board shall extend and be applicable to and the authority of the provision of funds for the use of the Timber Loan Board in making loans and in defraying its expenses. 1965. c. 7, s. 17. 18 Notwithstanding the provisions of the Assessment Act or of any other Act, land that is planted with trees in accordance with practices recommended by a Board pursuant to this Act shall not until after a period of twen ty years has elapsed from the date of such planting be assessed for a greater amount than that for which it was assessed immediately before such planting, except as may be necessary· to compensate for changes in the value of money or to maintain its assessment in the proper relation to the assessmlmt of other lands where there has been a general re-assessment of property throughout the munici pality in which the lands are situated. 1965, c. 7, s. 18. 19 The ind'ividual Sections of this Act shall come into force on and not before such date and in such part or parts of the Province as the Governor in Council from time to time orders and declares by proclamation. 1965. c. 7, s. 21. Note: Sectin11S 9, 10, 11 and 18 had wt been proclaimed at the date of preparatwn of this consolidatin11. D-10