jswizzle3737/ontario_laws_and_regs huggingface dataset:
48 (1) The Forest Renewal Trust is continued under the name Forest Renewal Trust in English and Fonds de reboisement in French. 2019, c. 14, Sched. 15, s. 30 (1). (2) Repealed: 2019, c. 14, Sched. 15, s. 30 (1). Terms of Trust (3) The Trust shall provide for reimbursement of silvicultural expenses incurred after March 31, 1994 in respect of Crown forests in which forest resources have been harvested and for such other matters as may be specified by the Minister, on such terms and conditions as may be specified by the Minister.  1994, c. 25, s. 48 (3). Trustee (4) The Minister may appoint a person who is not employed by the Crown as trustee of the Trust and may provide for the trustee’s remuneration from the funds of the Trust.  1994, c. 25, s. 48 (4). Not part of C.R.F. (5) Money received or held by the Trust shall not form part of the Consolidated Revenue Fund.  1994, c. 25, s. 48 (5). Asset of Crown (5.1) The Trust is an asset of the Crown and the money held by the Trust is held for the benefit of the Crown.  1998, c. 18, Sched. I, s. 17. Annual report (6) The Trust shall report annually to the Minister on the financial affairs of the Trust and shall give a copy of the report to the chair of the Treasury Board.  1994, c. 25, s. 48 (6). Report available to the public (7) The Minister shall make the report available to the public on a publicly accessible website. 2019, c. 14, Sched. 15, s. 30 (2). Other reports (8) The Trust shall provide the Minister with such other reports and information as he or she may request.  1994, c. 25, s. 48 (8). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 17 - 01/04/1995 2019, c. 14, Sched. 15, s. 30 (1, 2) - 10/12/2019
49 (1) The holder of a forest resource licence shall pay forest renewal charges to the Minister of Finance in the amounts and within the times required by the Minister of Northern Development, Mines, Natural Resources and Forestry.  1994, c. 25, s. 49 (1); 1996, c. 14, s. 1 (2); 2021, c. 34, Sched. 6, s. 4. Payment to Forest Renewal Trust (2) Despite subsection (1), the Minister of Northern Development, Mines, Natural Resources and Forestry may direct that a licensee who harvests forest resources in an area that is subject to a licence under section 26 shall pay forest renewal charges to the Forest Renewal Trust instead of to the Minister of Finance.  1994, c. 25, s. 49 (2); 2021, c. 34, Sched. 6, s. 4. Section Amendments with date in force (d/m/y) 1996, c. 14, s. 1 (2) - 27/06/1996 2021, c. 34, Sched. 6, s. 4 - 19/04/2022
50 (1) Forest renewal charges received by the Minister of Finance shall be held in a separate account in the Consolidated Revenue Fund if, (a) the charges are received by the Minister of Finance from a licensee who harvests forest resources in an area that is subject to a licence under section 26; or (b) the due date for payment of the charges to the Minister of Finance is April 1, 1995 or later.  1994, c. 25, s. 50 (1). Money in account (2) Money standing to the credit of the separate account is, for the purpose of the Financial Administration Act, money paid to Ontario for a special purpose.  1994, c. 25, s. 50 (2). Payments out of account (3) The Minister of Northern Development, Mines, Natural Resources and Forestry may direct that money be paid out of the separate account, (a) to the Minister of Northern Development, Mines, Natural Resources and Forestry or a person specified by the Minister, for payment or reimbursement of silvicultural expenses incurred after March 31, 1994 in respect of Crown forests in which forest resources have been harvested; or (b) to the Forest Renewal Trust.  1994, c. 25, s. 50 (3); 2021, c. 34, Sched. 6, s. 4. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 6, s. 4 - 19/04/2022
51 (1) The Forestry Futures Trust is continued under the name Forestry Futures Trust in English and Fonds de réserve forestier in French. 2019, c. 14, Sched. 15, s. 31 (1). (2) Repealed: 2019, c. 14, Sched. 15, s. 31 (1). Terms of Trust (3) The Trust shall provide for the following matters, on such terms and conditions as may be specified by the Minister: 1. The funding of silvicultural expenses in Crown forests where forest resources have been killed or damaged by fire or natural causes. 2. The funding of silvicultural expenses on land that is subject to a forest resource licence, if the licensee becomes insolvent. 3. The funding of intensive stand management and pest control in respect of forest resources in Crown forests. 4. Such other purposes as may be specified by the Minister.  1994, c. 25, s. 51 (3). Trustee (4) The Minister may appoint a person who is not employed by the Crown as trustee of the Trust and may provide for the trustee’s remuneration from the funds of the Trust.  1994, c. 25, s. 51 (4). Payments to Trust (5) The holder of a forest resource licence shall pay forestry futures charges to the Trust in the amounts and within the times required by the Minister.  1994, c. 25, s. 51 (5); 1996, c. 14, s. 1 (3). Criteria for payments from funds of Trust (6) Subject to the terms of the Trust, the Minister shall establish criteria to be used in making payments from the funds of the Trust.  1994, c. 25, s. 51 (6). Committee (7) The Minister may establish a committee to, (a) advise the Minister on the criteria referred to in subsection (6); and (b) issue directions to the trustee on how much of the funds of the Trust shall be paid out in any year and on what payments to make from those funds to best carry out the criteria established under subsection (6).  1994, c. 25, s. 51 (7). Not part of C.R.F. (8) Money received or held by the Trust shall not form part of the Consolidated Revenue Fund.  1994, c. 25, s. 51 (8). Annual report (9) The Trust shall report annually to the Minister on the financial affairs of the Trust and shall give a copy of the report to the chair of the Treasury Board.  1994, c. 25, s. 51 (9). Report available to the public (10) The Minister shall make the report available to the public on a publicly accessible website. 2019, c. 14, Sched. 15, s. 31 (2). Other reports (11) The Trust shall provide the Minister with such other reports and information as he or she may request.  1994, c. 25, s. 51 (11). Section Amendments with date in force (d/m/y) 1996, c. 14, s. 1 (3) - 27/06/1996 2019, c. 14, Sched. 15, s. 31 (1, 2) - 10/12/2019 PART VI   FOREST RESOURCE PROCESSING FACILITIES
52 In this Part, “facility” means a forest resource processing facility.  1994, c. 25, s. 52.
53 A person shall not operate or construct a facility, increase the productive capacity of a facility or convert a facility to another type of facility, except in accordance with a forest resource processing facility licence issued under this Part.  1994, c. 25, s. 53.
54 (1) The Minister may, in accordance with the regulations, issue a forest resource processing facility licence to a person if the Minister is satisfied that the person has a sufficient supply of forest resources to operate the facility.  1994, c. 25, s. 54 (1). Effect (2) The issuance of a forest resource processing facility licence does not require the Minister to make forest resources available to the holder of the licence.  1994, c. 25, s. 54 (2).
54.1 (1) A person who holds a forest resource processing facility licence shall make returns that contain the information prescribed by regulation, including, (a) information on the sources, species, quantities and disposition of forest resources processed; and (b) financial information on pricing, purchases, sales and exchanges of forest resources.  2011, c. 10, s. 28 (9). Information provided to service provider (2) In accordance with the regulations, a forest processing facility licensee shall, at the Minister’s direction, provide the financial information described in clause (1) (b) to a service provider.  2011, c. 10, s. 28 (9). Access to records (3) The service provider shall, (a) aggregate the financial information provided under subsection (2) such that it cannot be reasonably attributed to the forest processing facility licensee that provided it to the service provider; and (b) provide the Minister with access to all of the aggregated financial information described in clause (a).  2011, c. 10, s. 28 (9). Confidentiality (4) The Minister and the service provider shall maintain in confidence all information described in clause (1) (b) that has not been aggregated.  2011, c. 10, s. 28 (9). F.O.I. Act (5) Subsection (4) prevails over the Freedom of Information and Protection of Privacy Act.  2011, c. 10, s. 28 (9). Definition (6) In this section, “service provider” means a person who is at arm’s length from the Crown in right of Ontario and who has entered into a service provider agreement with the Crown in right of Ontario.  2011, c. 10, s. 28 (9). Section Amendments with date in force (d/m/y) 2011, c. 10, s. 28 (9)
- 01/06/2011 PART VII   REMEDIES AND ENFORCEMENT
55 (1) If, in the opinion of the Minister, forest operations conducted in a Crown forest are causing or are likely to cause loss or damage that impairs or is likely to impair the sustainability of the Crown forest or that is contrary to an applicable forest management plan or work schedule, the Minister may by order, (a) direct that the forest operations stop; (b) establish limits or require other changes in the forest operations; (c) amend the forest management plan or work schedule.  1994, c. 25, s. 55 (1); 2019, c. 14, Sched. 15, s. 32. Application of subs. 9 (2) (2) Subsection 9 (2) applies with necessary modifications to the amendment of a forest management plan or work schedule under clause (1) (c).  1994, c. 25, s. 55 (2). Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 32 - 10/12/2019 Repairs
56 (1) If, in the opinion of the Minister, a person causes or permits damage to water, soil, plant life or habitat for animal life in a Crown forest, the Minister may, (a) order the person to take such action as the Minister directs to repair the damage or prevent further damage; (b) take such action as the Minister considers necessary to repair the damage or prevent further damage.  1994, c. 25, s. 56 (1). Costs (2) The person who caused or permitted the damage is liable to the Minister for all costs associated with action taken by the Minister under clause (1) (b).  1994, c. 25, s. 56 (2). Court powers (3) If a person causes or permits damage to water, soil, plant life or habitat for animal life in a Crown forest, the Superior Court of Justice, on the application of the Minister, may order the person to take such action as the court directs to repair the damage or prevent further damage.  1994, c. 25, s. 56 (3); 2001, c. 9, Sched. K, s. 2 (3). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. K, s. 2 (3) - 29/06/2001
57 (1) If, in the opinion of the Minister, a person has failed to comply with a forest resource licence or a permit, the Minister may, (a) order the person to take such action as the Minister directs to carry out the obligations imposed by the licence or permit; (b) take such action as the Minister considers necessary to carry out the obligations imposed by the licence or permit; or (c) in the case of a permit, order the permittee to stop removal activities authorized by the permit. 2019, c. 14, Sched. 15, s. 33. Costs (2) The person who failed to comply with the licence or permit is liable to the Minister for all costs associated with action taken by the Minister under clause (1) (b). 2019, c. 14, Sched. 15, s. 33. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 33 - 10/12/2019
59 (1) The Minister may suspend or cancel a forest resource licence, in whole or in part, if, (a) the licensee fails to comply with the licence; (b) the licensee fails to comply with the Forest Management Planning Manual, the Forest Information Manual or the Forest Operations and Silviculture Manual; (c) the licensee fails to prepare a forest management plan or work schedule that the licensee is required to prepare under subsection 10 (1) or 17 (1); (d) the licensee contravenes section 30 or subsection 42 (1) or 45 (1); (e) the licensee fails to comply with an order made under clause 55 (1) (a) or (b) or clause 56 (1) (a); (f) without the authority of a forest resource licence, the licensee harvests forest resources in a Crown forest or uses forest resources in a Crown forest for a designated purpose; (g) the licensee fails to pay Crown charges; (h) the licensee fails to provide information to the Minister or to an employee or agent of the Ministry as required under this Act or the regulations; (i) the licensee becomes insolvent; (j) the licence conflicts with an earlier licence; or (k) the suspension or cancellation is authorized for another reason prescribed by the regulations.  1994, c. 25, s. 59 (1). Approval of L.G. in C. (2) The Minister shall not, without the approval of the Lieutenant Governor in Council, cancel or suspend a licence granted under section 26.  1994, c. 25, s. 59 (2). Right to make representations (3) Before suspending or cancelling a licence, the Minister shall, (a) give the licensee written notice of the Minister’s intention to suspend or cancel the licence and of the reasons for the suspension or cancellation; and (b) give the licensee an opportunity to make representations to the Minister on why the licence should not be suspended or cancelled.  1994, c. 25, s. 59 (3).
59.1 (1) The Minister may suspend or cancel a permit in whole or in part, if, (a) the permittee fails to comply with the permit; (b) the approval for the permittee’s activity has expired or has been terminated; (c) the permittee fails to pay Crown charges; (d) the permittee fails to provide information to the Minister or to an employee or agent of the Ministry as required under this Act, the regulations or the permit; (e) the permittee becomes insolvent; (f) the permit conflicts with another permit or licence and subsection 41.6 (3) does not apply; or (g) the suspension or cancellation is authorized for another reason prescribed by the regulations. 2019, c. 14, Sched. 15, s. 34. Right to make representations (2) Before suspending or cancelling a permit, the Minister shall, (a) give the permittee written notice of the Minister’s intention to suspend or cancel the permit and of the reasons for the suspension or cancellation; and (b) give the permittee an opportunity to make representations to the Minister on why the permit should not be suspended or cancelled. 2019, c. 14, Sched. 15, s. 34. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 34 - 10/12/2019
61 (1) Subject to subsection (2), an employee or agent of the Ministry and any person accompanying him or her and acting under his or her instructions may, at all reasonable times and on producing proper identification, (a) enter private land for the purposes of this Act if forest resources or products manufactured from forest resources are, or are reasonably believed to be, located or processed on the private land; or (b) cross private land for the purpose of reaching a Crown forest.  2000, c. 26, Sched. L, s. 3 (7). Search warrant (2) An employee or agent of the Ministry or a person accompanying him or her shall not enter a room or place actually used as a dwelling without the consent of the occupier except under the authority of a search warrant issued under section 158 of the Provincial Offences Act.  1994, c. 25, s. 61 (2). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 3 (7) - 06/12/2000
62 An employee or agent of the Ministry or a person appointed by the Minister may, at all reasonable times and on producing proper identification, inspect any records required to be kept under this Act.  1994, c. 25, s. 62.
63 (1) Crown charges in respect of forest resources removed from a Crown forest under the authority of a forest resource licence or a permit are a lien and charge on the forest resources and on any products manufactured from the forest resources, in preference and priority to all other claims.  1994, c. 25, s. 63 (1); 2019, c. 14, Sched. 15, s. 35. Notice of lien (2) If forest resources or products manufactured from forest resources are subject to a lien and charge under subsection (1) and are under seizure or attachment by a sheriff or bailiff of a court, or are claimed by or in the possession of an assignee for the benefit of creditors, a liquidator or a trustee in bankruptcy, or have been converted into cash that has not been distributed, the Minister may give the sheriff, bailiff, assignee, liquidator or trustee in possession of the forest resources, products or cash, notice of the amount owing under the lien and charge, and the sheriff, bailiff, assignee, liquidator or trustee shall pay the amount owing to the Minister of Finance in preference to and priority over all other claims.  1994, c. 25, s. 63 (2). Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 35 - 10/12/2019
64 (1) A person who, (a) harvests or removes forest resources, in or from a Crown forest, or uses forest resources in a Crown forest for a designated purpose, without the authority of a forest resource licence, a permit, an authorization or not in the circumstances prescribed by the regulations, is guilty of an offence and on conviction is liable to a fine of not more than $100,000; (b) fails to comply with a forest resource licence, a permit or an authorization is guilty of an offence and on conviction is liable to a fine of not more than $100,000; (c) contravenes subsection 42 (1) or section 43 or 53 is guilty of an offence and on conviction is liable to a fine of not more than $100,000; (d) fails to comply with an order made under clause 55 (1) (a) is guilty of an offence and on conviction is liable to a fine of not more than $1,000,000; (e) obstructs an employee or agent of the Ministry acting under section 60, 61 or 62 is guilty of an offence and is liable on conviction to a fine of not more than $10,000; (f) makes or takes advantage of a false statement with respect to any matter under this Act or the regulations is guilty of an offence and is liable on conviction to a fine of not more than $10,000; (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 guilty of an offence and is liable on conviction to a fine of not more than $10,000; (h) contravenes any other provision of this Act or the regulations is guilty of an offence and is liable on conviction to a fine of not more than $100,000.  1994, c. 25, s. 64 (1); 1996, c. 14, s. 1 (4); 2000, c. 26, Sched. L, s. 3 (8); 2019, c. 14, Sched. 15, s. 36; 2021, c. 34, Sched. 6, s. 5. Penalty imposed under s. 58 (2) A person shall not be convicted of an offence under this section in respect of an act or omission for which a penalty was imposed on the person under section 58.  1994, c. 25, s. 64 (2). Limitation period (3) No proceeding for an offence described in subsection (1) shall be commenced after the earlier of, (a) two years from the later of, (i) the day on which the offence was committed or alleged to have been committed, and (ii) the day on which evidence of the offence first came to the attention of an official of the Ministry; and (b) five years from the day on which the offence was committed or alleged to have been committed.  2009, c. 33, Sched. 22, s. 1 (3). Section Amendments with date in force (d/m/y) 1996, c. 14, s. 1 (4) - 27/06/1996 2000, c. 26, Sched. L, s. 3 (8) - 06/12/2000 2009, c. 33, Sched. 22, s. 1 (3) - 15/12/2009 2019, c. 14, Sched. 15, s. 36 - 10/12/2019 2021, c. 34, Sched. 6, s. 5 - 19/04/2022 PART VIII   MISCELLANEOUS
65 All forest resources renewed in a Crown forest are property of the Crown.  1994, c. 25, s. 65.
66 (1) The Minister may issue a licence to a scaler in accordance with the regulations.  1994, c. 25, s. 66 (1). Suspension or cancellation (2) The Minister may suspend or cancel a scaler’s licence if the scaler, (a) fails to measure, count or weigh forest resources in accordance with the Scaling Manual; or (b) provides false information to the Minister or fails to provide information to the Minister when requested to do so.  1994, c. 25, s. 66 (2). Right to make representations (3) Before suspending or cancelling a scaler’s licence, the Minister shall, (a) give the scaler written notice of the Minister’s intention to suspend or cancel the licence and of the reasons for the suspension or cancellation; and (b) give the scaler an opportunity to make representations to the Minister on why the licence should not be suspended or cancelled.  1994, c. 25, s. 66 (3).
67 A document sent by registered mail under this Act shall be deemed to be received on the fifth day after mailing.  1994, c. 25, s. 67.
73 An agreement entered into under section 4 of the Crown Timber Act and in existence immediately before this section comes into force shall be deemed to be an agreement entered into under section 25 of this Act.  1994, c. 25, s. 73. 74 - 77 Repealed: 2019, c. 14, Sched. 15, s. 38. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 38 - 10/12/2019 78-86 Omitted (amends or repeals other Acts).  1994, c. 25, ss. 78-86. 87 Omitted (provides for coming into force of provisions of this Act).  1994, c. 25, s. 87. 88 Omitted (enacts short title of this Act).  1994, c. 25, s. 88. ______________  Français