18. [Repealed, 2002, c. 7, s. 245]

Marginal note:Works for the movement of timber

19. Unless the grant or other document establishing a grant, lease or other disposition of territorial lands expressly states the contrary, no grant, lease or other disposition of territorial lands

• (a) conveys any right, title or interest in or to any slide, dam, pier, boom or other work constructed, for the purpose of facilitating the movement of timber, prior to the date of the grant, lease or other disposition of land;

• (b) affects the unimpeded right to use or repair the works referred to in paragraph (a); or

• (c) affects the unimpeded right to use, for the purpose of facilitating the movement of timber, all streams, lakes, bodies of water, portage roads or trails past rapids, falls or other natural obstacles or connecting bodies of water, or any land that has to be used in connection therewith.

Marginal note:Summons to vacate or show cause

• 20. (1) Where under this Act the right of any person to use, possess or occupy territorial lands has been forfeited or where, in the opinion of the Minister, a person is wrongfully or without lawful authority using, possessing or occupying territorial lands and that person continues to use, possess or occupy or fails to deliver up possession of the lands, an officer of the Department of Indian Affairs and Northern Development authorized by the Minister for that purpose may apply to a judge of the Court for a summons directed to that person calling on that person

  • (a) to forthwith vacate or abandon and cease using, possessing or occupying the lands; or

  • (b) within thirty days after service of the summons on that person to show cause why an order or warrant should not be made for the removal of that person from the lands.

• Marginal note:Warrant for removal

  (2) Where a summons has been served under subsection (1) and within thirty days from the service thereof the person named in the summons has not removed from, vacated or ceased using, possessing or occupying the lands or has not shown cause why he should not do so, a judge of the Court may make an order or warrant for that person’s summary removal from the lands.

• Marginal note:Persons executing warrant

  (3) A warrant made under subsection (2) shall be executed by a sheriff, bailiff, constable or other person to whom it is delivered for that purpose and he has all the powers, rights, immunities and privileges enjoyed by a sheriff, constable or other peace officer in the execution of his duty.

• Marginal note:Execution of warrant

  (4) A person to whom an order or warrant made under subsection (2) is addressed shall forthwith remove the person named therein from the lands and all members of that person’s family, employees, servants, labourers, tenants or other persons employed by or living with that person or that person’s tenants.

• Marginal note:Service of summons or warrant

  (5) Service of a summons or warrant under this section shall be made by leaving a copy with an adult person found on the lands and by posting up another copy in a conspicuous place on the lands or, where no adult person is found on the lands, by posting up copies in two conspicuous places thereon.