Forestry Act, R.S.O. 1990, c. F.26, Forestry Act
Forestry Act
R.S.O. 1990, Chapter F.26
Consolidation Period: From December 15, 2009 to the .
Last amendment: .
Legislative History: 1998, c. 15, Sched. E, s. 13; 1998, c. 18, Sched. I, s. 20, 21; ; ; .
Definitions
1 (1) In this Act,
鈥渇orest tree pest鈥 means any vertebrate or invertebrate animal or any virus, fungus, or bacterium or other organism that is injurious to trees commonly found growing in a forest or windbreak or the products from such trees; (鈥減arasites d鈥檃rbres forestiers鈥)
鈥渇orestry purposes鈥 includes the production of wood and wood products, provision of proper environmental conditions for wild life, protection against floods and erosion, recreation, and protection and production of water supplies; (鈥渇ins foresti猫res鈥)
鈥済ood forestry practices鈥 means the proper implementation of harvest, renewal and maintenance activities known to be appropriate for the forest and environmental conditions under which they are being applied and that minimize detriments to forest values including significant ecosystems, important fish and wildlife habitat, soil and water quality and quantity, forest productivity and health and the aesthetics and recreational opportunities of the landscape; (鈥渂onnes pratiques foresti猫res鈥)
鈥渋mprovement鈥 does not include a treatment designed solely to produce immediate revenue; (鈥渁m茅lioration鈥)
鈥渋nfestation鈥 means an actual or potential infestation or infection by a forest tree pest; (鈥渋nfestation鈥)
鈥淢inister鈥 means the Minister of Natural Resources; (鈥渕inistre鈥)
鈥淢inistry鈥 means the Ministry of Natural Resources; (鈥渕inist猫re鈥)
鈥渘ursery stock鈥 means coniferous or hardwood seedlings, transplants, grafts, or trees propagated or grown in a nursery and with the roots attached, and includes cuttings with or without the roots attached; (鈥減lants de p茅pini猫re鈥)
鈥渙fficer鈥 means a person appointed by the Minister for the purposes of this Act; (鈥渁gent鈥)
鈥渙wner鈥 means a person having any right, title, interest or equity in land; (鈥減ropri茅taire鈥)
鈥渨oodlands鈥 means land with at least,
(a) 1,000 trees, of any size, per hectare,
(b) 750 trees, measuring over five centimetres in diameter, per hectare,
(c) 500 trees, measuring over 12 centimetres in diameter, per hectare, or
(d) 250 trees, measuring over 20 centimetres in diameter, per hectare,
but does not include a cultivated fruit or nut orchard or a plantation established for the purpose of producing Christmas trees. (鈥渢errain bois茅鈥)听 1998, c.听18, Sched. I, s.听20; 2000, c.听26, Sched.听L, s.听4听(1); 2002, c.听17, Sched.听C, s.听12 (1); 2009, c.听33, Sched.听22, s.听4 (1).
Same
(2) For the purpose of the definition of 鈥渨oodlands鈥, all measurements of the trees are to be taken at 1.37 metres from the ground.听 1998, c.听18, Sched. I, s.听20.
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. I, s. 20 - 18/12/1998
- 06/12/2000
- 01/01/2003
- 15/12/2009
Agreements re forestry development
2 (1) The Minister may enter into agreements with owners of land suitable for forestry purposes that provide for the management or improvement of the land for these purposes upon such conditions as the Minister considers proper.听 1998, c.听18, Sched. I, s.听20.
Grants
(2) The Minister may make grants of the sums provided for in the agreement, on such conditions as the Minister considers appropriate, out of the money appropriated by the Legislature to any conservation authority or municipality for the purpose of assisting it in the acquisition of land that is suitable for forestry purposes and that is to be managed under an agreement.听 1998, c.听18, Sched. I, s.听20.
Forestry purposes only
(3) A conservation authority or municipality that has entered into an agreement under subsection (1) or a predecessor provision shall not, without the approval of the Minister, use any land in respect of which grants have been made under subsection (2) or a predecessor provision for any purpose that is inconsistent with forestry purposes at any time during or after the term of the agreement.听 1998, c.听18, Sched. I, s.听20.
Repayment
(4) A conservation authority or municipality that uses land covered by an agreement authorized under subsection (1) or a predecessor provision for a purpose that is inconsistent with forestry purposes shall repay to the Province of 澳门永利 all grants that it received under the agreement to acquire the land unless the Minister provides that the grants need not be repaid.听 1998, c.听18, Sched. I, s.听20.
Sale of land
(5) Land in respect of which grants have been made under subsection (2) or a predecessor provision shall not, without the approval of the Minister, be sold, leased or otherwise disposed of during or after the term of the agreement.听 1998, c.听18, Sched. I, s.听20.
Proceeds shared
(6) The proceeds from any sale, lease or other disposition of land in respect of which grants have been made under subsection (2) or a predecessor provision shall be divided as the Minister directs between the conservation authority or municipality, as the case may be, and the Province of 澳门永利, with the conservation authority or municipality receiving not less than 50 per cent of the proceeds.听 2000, c.听26, Sched.听L, s.听4听(2).
Exception
(7) Subsection (6) does not apply to a sale, lease or other disposition for the use of the Province of 澳门永利.听 1998, c.听18, Sched. I, s.听20.
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. I, s. 20 - 18/12/1998
- 06/12/2000
Registration of agreements
3 The Minister may direct that an agreement entered into under section 2 shall be registered by the owner of the land in respect of which the agreement is made in the proper land registry office, and thereupon such agreement is binding upon and inures to the benefit of every successor-in-title to such owner during the term of the agreement.听 R.S.O. 1990, c.听F.26, s.听3.
Woodlands improvement agreements
4 An Agreement made under the Woodlands Improvement Act shall be deemed to be an agreement made under section 2.听 1998, c.听18, Sched. I, s.听21.
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. I, s. 21 - 18/12/1998
Programs
5 The Minister may establish programs to protect, manage or establish woodlands and to encourage forestry that is consistent with good forestry practices.听 2002, c.听17, Sched.听C, s.听12 (2).
Section Amendments with date in force (d/m/y)
- 06/12/2000
- 01/01/2003
Nursery stock
6 No person shall, directly or indirectly, sell or offer for sale or dispose of by gift or otherwise any nursery stock furnished by the Ministry under this Act.听 1998, c.听18, Sched. I, s.听21.
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. I, s. 21 - 18/12/1998
Control measures
7 If, in the opinion of the Minister, the control of an infestation on any land is in the public interest, the Minister may direct an officer to enter upon the land and, at the expense of the Crown, take such measures to prevent, retard, suppress, eradicate or destroy the infestation as the officer considers advisable.听 1998, c.听18, Sched. I, s.听21.
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. I, s. 21 - 18/12/1998
Powers of entry
8 An officer, with or without the consent of the owner, may enter upon any land between sunrise and sunset to inspect the land and its trees and forest products for infestation and to survey and examine the timber and other natural resources on the land in order to determine the suitability of the land for forestry purposes.听 1998, c.听18, Sched. I, s.听21.
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. I, s. 21 - 18/12/1998
Obstruction of officers
9 No person shall obstruct an officer in the performance of his or her duty.听 1998, c.听18, Sched. I, s.听21.
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. I, s. 21 - 18/12/1998
Boundary trees
10 (1) An owner of land may, with the consent of the owner of adjoining land, plant trees on the boundary between the two lands.听 1998, c.听18, Sched. I, s.听21.
Trees common property
(2) Every tree whose trunk is growing on the boundary between adjoining lands is the common property of the owners of the adjoining lands.听 1998, c.听18, Sched. I, s.听21.
Offence
(3) Every person who injures or destroys a tree growing on the boundary between adjoining lands without the consent of the land owners is guilty of an offence under this Act.听 1998, c.听18, Sched. I, s.听21.
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. I, s. 21 - 18/12/1998
By-laws for acquiring lands for forestry purposes
11 (1) The council of a municipality may pass by-laws,
(a) for acquiring by purchase, lease or otherwise, land for forestry purposes;
(b) for declaring land that is owned by the municipality to be required by the municipality for forestry purposes;
(c) for planting and protecting trees on any land acquired for or declared to be required for forestry purposes;
(d) for the management of any land acquired for or declared to be required for forestry purposes and the sale or other disposition of the trees thereon;
(e) for issuing debentures, without the assent of the electors, for the purpose of purchasing land for forestry purposes to an amount not exceeding the amount prescribed by the Minister to be owing at any one time;
(f) for entering into agreements for the management of any land acquired for or declared to be required for forestry purposes;
(g) for leasing, selling or otherwise disposing of any land acquired for or declared to be required for forestry purposes.听 2002, c.听17, Sched.听C, s.听12 (3).
Land in another municipality
(2) Land may be acquired under subsection (1) in another municipality with the consent of the council of that municipality.听 2002, c.听17, Sched.听C, s.听12 (3).
Payment in lieu of taxes
(3) If a municipality acquires land or declares land to be required for forestry purposes in another municipality under this section, the council of the first-mentioned municipality may agree to pay annually to the municipality in which the land is situate a sum not exceeding the amount that would have been payable to the municipality as taxes if the land were not exempt from taxation.听 2002, c.听17, Sched.听C, s.听12 (3).
Regulations
(4) The Minister may make regulations prescribing the amount under clause (1) (e).听 2002, c.听17, Sched.听C, s.听12 (3).
Application for minor exceptions
(5) Despite the repeal of the Trees Act, section 9 of that Act, as it read immediately before its repeal, continues to apply in respect of by-laws passed under that Act before December 18, 1998.听 2002, c.听17, Sched.听C, s.听12 (3).
Section Amendments with date in force (d/m/y)
1998, c. 15, Sched. E, s. 13 (2) - 01/04/1999
- 06/12/2000
- 01/01/2003
Agreements for forestry purposes
12 (1) The council of any municipality may enter into agreements with the owners of land located in the municipality providing for,
(a) the reforestation of portions of the land;
(b) the entry and planting of trees upon such portions by the employees or agents of the council; and
(c) the fencing of the portions and conservation of all growing trees thereon by the owner. 听2002, c.听17, Sched.听C, s.听12 (4).
Acreage
(2) No agreement shall provide for the reforestation of less than five acres of land for every 100 acres belonging to the same owner.听 2002, c.听17, Sched.听C, s.听12 (4).
Cutting
(3) Every agreement shall prescribe the conditions under which the cutting of timber upon the portions may be carried out.听 2002, c.听17, Sched.听C, s.听12 (4).
Exemption from taxation
(4) The council of the municipality may exempt any portion from general taxation as long as it continues to be used for the purposes set out in the agreement.听 2002, c.听17, Sched.听C, s.听12 (4).
Agreements with Ministers of Labour
(5) The council of the municipality may enter into agreements with the Minister of Labour for Canada and the Minister of Labour for 澳门永利 regulating the conditions of labour and the payment of wages in respect of labour performed in connection with the planting and conservation of trees in the portions.听 2002, c.听17, Sched.听C, s.听12 (4).
Section Amendments with date in force (d/m/y)
- 01/01/2003
Evidence in prosecutions
13 In any prosecution under this Act,
(a) a copy of an instrument certified under section 17 of the Registry Act or a certificate of search issued under section 117 of the Land Titles Act is admissible in evidence as proof, in the absence of evidence to the contrary, of the matters therein contained; and
(b) a certificate of the Minister or Deputy Minister of Natural Resources in respect of the right, title and interest of the Crown in any trees on any land is admissible in evidence as proof, in the absence of evidence to the contrary, of the matters therein contained.听 1998, c.听18, Sched. I, s.听21.
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. I, s. 21 - 18/12/1998
14-17 Repealed:听 2002, c.听17, Sched.听C, s.听12 (4).
Section Amendments with date in force (d/m/y)
- 01/01/2003
18 Repealed:听 2009, c.听33, Sched.听22, s.听4 (2).
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. I, s. 21 - 18/12/1998
- 15/12/2009
Offence
19 (1) Every person who,
(a) contravenes a provision of this Act;
(b) alone or through any other person, contravenes any provision of a by-law passed under this Act, or a predecessor of this Act;
(c) obstructs or interferes with an officer or any person acting under the officer鈥檚 instructions, in the discharge of his or her duties; or
(d) fails, without just cause, to comply with an order made under subsection (2),
is guilty of an offence and on conviction is liable to a fine of not more than $20,000 or to imprisonment for a term of not more than three months, or to both.听 1998, c.听18, Sched. I, s.听21; 2002, c.听17, Sched.听C, s.听12 (5).
Replanting
(2) If a person is convicted of an offence under clause (1) (b), the court shall consider all evidence given in respect of the necessity of replanting the area on which trees have been destroyed and may order the owner of the area to,
(a) replant the trees, in the manner and within the time that the court considers appropriate; and
(b) adequately maintain the replanted trees in the manner the court considers proper.听 1998, c.听18, Sched. I, s.听21.
Where inconsistent penalties
(3) The penalty set out in subsection (1) applies despite any lower penalty set out in a by-law.听 1998, c.听18, Sched. I, s.听21.
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. I, s. 21 - 18/12/1998
- 01/01/2003
20 Repealed:听 2002, c.听17, Sched.听C, s.听12 (6).
Section Amendments with date in force (d/m/y)
- 01/01/2003
听