Indian Timber Regulations (C.R.C., c. 961)

Regulations are current to 2017-09-27

Cancellation

 It is a condition of every licence that, if the licensee fails to comply with the terms and conditions of the licence or with these Regulations, the Minister may cancel the licence.

  • SOR/93-244, s. 2;
  • SOR/95-531, s. 2(F).

Conservation

  •  (1) With the consent of the licensee, the Minister may vary any licence in respect of one or more parts of a licensed area or in respect of any type, size or species of timber.

  • (2) Notwithstanding anything contained in a licence, the Minister may, for the purpose of forest management, watershed protection, fire protection or the preservation of the beauty of the landscape, game or game shelters, order the marking of such trees as are to be left standing or cut in the licensed area and order the licensee to pay the cost of such marking.

  • SOR/93-244, s. 2;
  • SOR/94-690, s. 3(F);
  • SOR/95-531, s. 2(F).

 [Revoked, SOR/93-244, s. 2]

Compliance with Laws

 Every licensee shall exercise the rights conferred by the licence in accordance with the laws of the province in which the licensee is operating under the licence regarding disposal of slash, prevention of fire hazard and the conduct of timber operations.

  • SOR/93-244, s. 2;
  • SOR/94-690, s. 4(F);
  • SOR/95-531, s. 2(F).

Seizure

  •  (1) The Minister may seize and detain any timber and any product manufactured from timber, when he has reasonable grounds to believe that

    • (a) such timber or the timber from which such product was manufactured has not been measured or counted by a scaler as required by these Regulations;

    • (b) any charges in respect of such timber or on the timber from which such product was manufactured or in respect of the lands on which such timber was cut are in default; or

    • (c) such timber or the timber from which such product was manufactured was not cut under the authority of a licence or permit.

  • (2) Any timber or product that is seized under subsection (1) may be removed to such place as the Minister may deem 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 superintendent may direct, provided that

    • (a) the Department may defray the costs of transportation and other charges incurred in consequence of the directions given by the superintendent, and all such costs shall be included in the costs of seizure; and

    • (b) such seizure shall not prejudice or affect any lien to which the carrier may be entitled in respect of the timber or product to the time of such seizure.

  • (3) Where timber within the meaning of 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 impossible 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 until separated by the person claiming to be the owner thereof to the satisfaction of the Minister.

  • SOR/93-244, s. 2;
  • SOR/94-690, s. 3(F);
  • SOR/95-531, s. 2(F).

 Seizure of timber or any product therefrom may be made by posting beside the timber or product a notice stating that the timber or product has been seized.

 Where timber or any product manufactured therefrom has been seized and no claim to recover it has been made within 30 days from the date of the seizure, the timber or product is forfeited to the Crown.

  • SOR/93-244, s. 2.

Proceedings Following Seizure

  •  (1) Any person claiming to be the owner of timber, or any product manufactured therefrom, that has been seized under section 26 may, on at least four days notice to the Minister, apply to a judge of a court of competent jurisdiction in the place in which the timber or product is held under seizure for an order for the release from seizure and delivery of the timber or product to that person.

  • (2) Upon receipt of a bond of the claimant, with two good and sufficient sureties in an amount not less than the market value of the timber or product and the costs 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.

  • (3) Upon the application of the Minister or the claimant, and upon at least seven days notice, the judge shall determine the ownership of the timber or product whether 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 charges, or

      • (ii) subject to payment of such dues, charges and expenses as he may find 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 may consider proper as to the costs of proceedings under this section and the costs of seizure.

  • (5) If the claimant is declared not to be the owner of the timber or product, it shall be disposed of in such manner as the Minister may determine.

  • SOR/93-244, s. 2.

Penalties

 Every person who contravenes a provision of these Regulations is guilty of an offence and liable on summary conviction to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding three months, or to both.

  • SOR/94-690, s. 3(F);
  • SOR/95-531, s. 2.
 
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