58 (1) A person who, (a) without the authority of a forest resource licence, harvests forest resources in a Crown forest or uses forest resources in a Crown forest for a designated purpose is liable to a penalty of not more than the greater of, (i) $15,000, and (ii) five times the value of any forest resources harvested without the authority of a forest resource licence; (b) fails to comply with a forest resource licence is liable to a penalty of not more than the greater of, (i) $15,000, and (ii) five times the value of any forest resources harvested in contravention of the licence; (c) contravenes section 30 is liable to a penalty of not more than $15,000; (d) contravenes subsection 42 (1) is liable to a penalty of not more than the greater of, (i) $15,000, and (ii) five times the value of any forest resources harvested in contravention of subsection 42 (1); (e) contravenes section 43 or 44, subsection 45 (1) or (3) or section 53 is liable to a penalty of not more than $15,000; (f) fails to comply with an order made under clause 55 (1) (a) or (b), 56 (1) (a) or 57 (1) (a) is liable to a penalty of not more than $15,000, in addition to any costs for which the person is liable under subsection 56 (2) or 57 (2); (g) fails to provide information to the Minister or to an employee or agent of the Ministry as required under this Act or the regulations is liable to a penalty of not more than $2,000; (h) fails to keep records required by this Act or the regulations or interferes with an employee or agent of the Ministry or a person appointed by the Minister acting under section 62 is liable to a penalty of not more than $5,000.  1994, c. 25, s. 58 (1). Notice (2) If, in the opinion of the Minister, a person is liable to a penalty under subsection (1), the Minister may give a notice to the person by registered mail, (a) setting out the facts and circumstances that, in the Minister’s opinion, render the person liable to a penalty; (b) specifying the amount of the penalty that the Minister considers proper in the circumstances; and (c) informing the person of the person’s right to make representations under subsection (4).  1994, c. 25, s. 58 (2). Limitation period (3) The Minister shall not give notice under subsection (2) to a person with respect to an act or omission that, in the opinion of the Minister, renders the person liable to a penalty under subsection (1) after the earlier of, (a) two years from the later of, (i) the day on which the act or omission was committed or alleged to have been committed, and (ii) the day on which evidence of the act or omission first came to the attention of an official of the Ministry; and (b) five years from the day on which the act or omission was committed or alleged to have been committed.  2009, c. 33, Sched. 22, s. 1 (2). Right to make representations (4) A person to whom notice is sent under subsection (2) may, within 30 days after receiving the notice, make representations to the Minister on whether a penalty should be imposed and on the amount of any penalty.  1994, c. 25, s. 58 (4). Decision whether to impose penalty (5) After considering any representations made under subsection (4), the Minister shall decide whether to impose a penalty on the person and, if a penalty is imposed, the Minister shall fix the amount of the penalty and set a date by which the penalty shall be paid.  1994, c. 25, s. 58 (5). Notice of decision (6) The Minister shall send notice of his or her decision to the person by registered mail.  1994, c. 25, s. 58 (6). Court action (7) The Minister may bring an action in a court of competent jurisdiction to recover a penalty imposed under this section and the court shall, (a) determine whether the person is liable to a penalty under subsection (1); and (b) if the person is liable to a penalty, give judgment for the amount of the penalty imposed by the Minister or such other amount as the court considers just.  1994, c. 25, s. 58 (7). Forestry Futures Trust (8) If the Forestry Futures Trust is established or continued under section 51, penalties imposed under this section shall be paid to the Forestry Futures Trust.  1994, c. 25, s. 58 (8). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 3 (3) - 06/12/2000 2009, c. 33, Sched. 22, s. 1 (2) - 15/12/2009