Forestry Act (R.S.C., 1985, c. F-30)

Short Title

Marginal note:Short title

1 This Act may be cited as the Forestry Act.

Interpretation

Definition of Minister

2 In this Act, Minister means the Minister of Natural Resources.

PART IDevelopment and Research

Marginal note:Functions of Minister

• 3 (1) In exercising the powers and performing the duties and functions assigned to the Minister by the Department of Natural Resources Act, the Minister

  • (a) shall provide for the conduct of research relating to the protection, management and utilization of the forest resources of Canada and the better utilization of forest products and may establish and maintain laboratories and other necessary facilities for those purposes;

  • (b) may undertake, promote or recommend measures for the encouragement of public cooperation in the protection and wise use of the forest resources of Canada;

  • (c) may enter into agreements with the government of any province or with any person for forest protection and management or forest utilization, for the conduct of research related thereto or for forestry publicity or education;

  • (d) may provide for the making of forestry surveys and provide advice relating to the protection and management of forests on lands administered by any department or agency of the Government of Canada or belonging to Her Majesty in right of Canada; and

  • (e) at the request of any department or agency of the Government of Canada, may assume responsibility for the protection and management of any forest on lands for which that department or agency is responsible, including responsibility for the disposal of timber and grass and for the granting of rights to the natural produce of the forest.

• Marginal note:Studies, investigations and aid

  (2) The Minister may conduct economic studies relating to the forest resources, forest industries and marketing of forest products, make investigations designed to aid the forest industries and woodlot owners of Canada and assist external aid programs relating to forestry.

• Marginal note:Silviculture, forest

  (3) The Minister has, in relation to silviculture, the same powers, duties and functions as the Minister has under this Act in relation to the protection and management of the forest resources of Canada.

• (4) [Repealed, 1989, c. 27, s. 16]

• Marginal note:Consultation and conferences

  (5) The Minister may, in carrying out the Minister’s duties and functions under this Act, consult with and inaugurate conferences of provincial or municipal authorities, universities, representatives of industry or other interested persons.

PART IIForest Experimental Areas

Marginal note:Forest Experimental Areas

4 The Governor in Council may establish as a Forest Experimental Area

• (a) lands belonging to Her Majesty in right of Canada, and

• (b) lands provided therefor, pursuant to an agreement with the government of any province, by the government of the province or any person in the province,

and may withdraw lands from or add lands to a Forest Experimental Area.

Marginal note:Powers of Minister

5 Subject to any regulations made under section 6, the Minister may, on lands comprised in any Forest Experimental Area or in respect of which the Minister has assumed responsibility under paragraph 3(1)(e), do such acts and construct such works as the Minister considers necessary for forestry research and forest protection and management, including the disposal of timber and grass and the granting of rights to the natural produce of the forest.

Marginal note:Regulations

6 The Governor in Council may make regulations for the protection, care and management of lands comprised in Forest Experimental Areas and lands in respect of which the Minister has assumed responsibility under paragraph 3(1)(e), including regulations respecting

• (a) the cutting, removal and disposal of timber, the establishment and use of reservoirs, water power sites, power transmission lines and communication lines and any other use of those lands, and the granting of leases and permits therefor;

• (b) the protection of the flora and fauna;

• (c) the prevention and extinguishing of fires;

• (d) the regulation and prohibition of traffic, the carrying on of businesses and other activities and the abatement and prevention of nuisances;

• (e) the removal and exclusion of trespassers and of persons failing to comply with the regulations; and

• (f) the prevention of trespass to property, the mutilation or destruction of trees and the destruction or damaging of buildings, materials or notices used in connection with the administration or management of those lands.

Marginal note:Offence and punishment

7 Every person who contravenes any regulation made under section 6 is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both.

Marginal note:Seizure of articles

• 8 (1) An officer employed in the administration of this Act or a peace officer as defined in the Criminal Code may seize any article by means of or in relation to which the officer believes on reasonable grounds an offence under this Act has been committed.

• Marginal note:Detention

  (2) An article seized pursuant to subsection (1) may be detained for a period of one month following the day of seizure unless, during that period, proceedings under this Act in respect of the article are undertaken, in which case the article may be further detained until the proceedings are finally concluded.

• Marginal note:Forfeiture

  (3) Where a person is convicted of an offence under this Act, the convicting court, judge or provincial court judge may, in addition to any other punishment that may be imposed, order that any article by means of or in relation to which the offence was committed be forfeited, whereupon the article is forfeited to Her Majesty and may be disposed of in such manner and at such time and place as the Minister may direct, but no article shall be disposed of pending an appeal against the conviction or before the time within which the appeal may be taken has expired.