jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 The purposes of this Act are to provide for the sustainability of Crown forests and, in accordance with that objective, to manage Crown forests to meet social, economic and environmental needs of present and future generations.  1994, c. 25, s. 1.
2 (1) In this Act, “sustainability” means long term Crown forest health.  1994, c. 25, s. 2 (1). Determination (2) For the purpose of this Act and the regulations, the sustainability of a Crown forest shall be determined in accordance with the Forest Management Planning Manual.  1994, c. 25, s. 2 (2). Principles (3) The Forest Management Planning Manual shall provide for determinations of the sustainability of Crown forests in a manner consistent with the following principles: 1. Large, healthy, diverse and productive Crown forests and their associated ecological processes and biological diversity should be conserved. 2. The long term health and vigour of Crown forests should be provided for by using forest practices that, within the limits of silvicultural requirements, emulate natural disturbances and landscape patterns while minimizing adverse effects on plant life, animal life, water, soil, air and social and economic values, including recreational values and heritage values.  1994, c. 25, s. 2 (3).
4 This Act is binding on the Crown.  1994, c. 25, s. 4.
5 This Act does not apply to a Crown forest that is in a provincial park or a conservation reserve within the meaning of the Provincial Parks and Conservation Reserves Act, 2006.  2009, c. 33, Sched. 22, s. 1 (1). Section Amendments with date in force (d/m/y) 2006, c. 12, s. 60
- 04/09/2007 2009, c. 33, Sched. 22, s. 1 (1) - 15/12/2009
6 This Act does not abrogate, derogate from or add to any aboriginal or treaty right that is recognized and affirmed by section 35 of the Constitution Act, 1982.  1994, c. 25, s. 6. PART II   MANAGEMENT PLANNING AND INFORMATION
7 The Minister may designate all or part of a Crown forest as a management unit for the purposes of this Act.  1994, c. 25, s. 7.
8 (1) The Minister shall ensure that a forest management plan is prepared for every management unit.  1994, c. 25, s. 8 (1). Contents (2) A forest management plan shall, in accordance with the Forest Management Planning Manual, (a) describe the forest management objectives and strategies applicable to the management unit; and (b) have regard to the plant life, animal life, water, soil, air and social and economic values, including recreational values and heritage values, of the management unit.  1994, c. 25, s. 8 (2). Certification (3) A forest management plan shall be certified by a professional forester in accordance with the Forest Management Planning Manual.  1994, c. 25, s. 8 (3).
9 (1) A forest management plan is of no effect unless it is approved by the Minister.  1994, c. 25, s. 9 (1). Criteria for approval (2) The Minister shall not approve a forest management plan unless the Minister is satisfied that the plan provides for the sustainability of the Crown forest, having regard to the plant life, animal life, water, soil, air and social and economic values, including recreational values and heritage values, of the Crown forest.  1994, c. 25, s. 9 (2).
10 (1) The Minister may require the holder of a forest resource licence to prepare a forest management plan for a management unit.  1994, c. 25, s. 10 (1). Minister’s powers (2) The Minister may approve the plan, reject it or approve it with such modifications as may be made by the Minister.  1994, c. 25, s. 10 (2).
11 (1) The Minister may at any time, in accordance with the Forest Management Planning Manual, amend or extend a forest management plan that the Minister previously approved. 2019, c. 14, Sched. 15, s. 20 (1). Application of subs. 9 (2) (2) Subsection 9 (2) applies with necessary modifications to the amendment or extension of a forest management plan that the Minister previously approved.  1994, c. 25, s. 11 (2); 2019, c. 14, Sched. 15, s. 20 (2). (3)-(5) Repealed: 2020, c. 36, Sched. 8, s. 2. Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 10, s. 2 (1) - 25/10/2010 2019, c. 14, Sched. 15, s. 20 (1-3) - 10/12/2019 2020, c. 36, Sched. 8, s. 2 - 08/12/2020
12 If authorized by the regulations, a person may appeal a decision by the Minister to approve a forest management plan or to amend a forest management plan that the Minister previously approved.  1994, c. 25, s. 12.
13 The Minister shall establish local citizens’ committees to advise the Minister on the preparation and implementation of forest management plans and on any other matters referred to the committees by the Minister.  1994, c. 25, s. 13.
14 The Minister may establish other advisory committees to advise the Minister on matters under this Act, including the preparation of forest management plans and the manuals required by section 68.  1994, c. 25, s. 14.
15 (1) The Minister may establish forest management boards for such areas as are designated by the Minister, including forest management boards for community forests designated by the Minister.  1994, c. 25, s. 15 (1). Functions (2) A forest management board shall, (a) advise the Minister on matters relating to the management of Crown forests; (b) prepare forest management plans on the request of the Minister; (c) exercise any authority of the Minister under this Part that is delegated to the board by the regulations; and (d) perform such additional functions as are prescribed by the regulations.  1994, c. 25, s. 15 (2).
16 (1) Every forest operations prescription shall be prepared in accordance with the Forest Management Planning Manual and shall include descriptions of, (a) the current structure and condition of the Crown forest in the area to which the prescription applies; (b) harvesting, renewal and maintenance activities that will be used to ensure that the Crown forest in the area to which the prescription applies will be renewed and maintained; (c) the future structure and condition of the Crown forest in the area to which the prescription applies that are expected to result from the activities referred to in clause (b); and (d) any standards or guidelines used in developing the prescription.  1994, c. 25, s. 16 (1). Certification by forester (2) Subject to subsection (3), a forest operations prescription shall be certified by a professional forester in accordance with the Forest Management Planning Manual.  1994, c. 25, s. 16 (2). Certification by person specified by Minister (3) If the Minister is of the opinion that elements of a forest operations prescription are not within the standard expertise of professional foresters, the Minister may direct that those elements of the prescription shall be certified in accordance with the Forest Management Planning Manual by a person specified by the Minister.  1994, c. 25, s. 16 (3).
17 (1) The Minister may require the holder of a forest resource licence to prepare a work schedule for the licensee’s forest operations in a management unit.  1994, c. 25, s. 17 (1). Contents (2) The work schedule shall be prepared in accordance with the Forest Management Planning Manual and shall be consistent with, (a) the applicable forest management plan; and (b) any forest operations prescriptions that apply to the forest operations.  1994, c. 25, s. 17 (2). (3) Repealed: 2019, c. 14, Sched. 15, s. 21 (1). Revision of work schedule (4) The Minister may at any time revise a work schedule. 2019, c. 14, Sched. 15, s. 21 (2). Same, by licensee (4.1) A holder of a forest resource licence may, in accordance with the Forest Management Planning Manual, revise a work schedule. 2019, c. 14, Sched. 15, s. 21 (2). Forest management plan (5) A revision to a work schedule under subsection (4) or (4.1) shall be consistent with the applicable forest management plan. 2019, c. 14, Sched. 15, s. 21 (2). Application of s. 9 (2) (6) Subsection 9 (2) applies with necessary modifications to the revision of a work schedule by the Minister. 2019, c. 14, Sched. 15, s. 21 (2). Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 21 (1, 2) - 10/12/2019
18 If a person fails to prepare a forest management plan or work schedule that the Minister has required the person to prepare, the Minister may cause it to be prepared, and the person is liable to the Minister for all costs associated with the preparation of the plan or work schedule.  1994, c. 25, s. 18.
19 The holder or former holder of a forest resource licence or a permit shall keep such records as are prescribed by the regulations.  1994, c. 25, s. 19; 2019, c. 14, Sched. 15, s. 22. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 22 - 10/12/2019
20 (1) The Minister may require the holder of a forest resource licence to conduct inventories, surveys, tests or studies in accordance with the Forest Information Manual for the purpose of forest management planning or ensuring compliance with this Act and the regulations.  1994, c. 25, s. 20 (1). Failure to prepare (2) If the licensee fails to conduct the inventories, surveys, tests or studies as required, the Minister may cause them to be conducted, and the licensee is liable to the Minister for all costs associated with the conduct of the inventories, surveys, tests or studies.  1994, c. 25, s. 20 (2).
21 (1) The Minister may require the holder or former holder of a forest resource licence to provide the Minister with information in accordance with the Forest Information Manual for the purpose of forest management planning or ensuring compliance with this Act and the regulations.  1994, c. 25, s. 21 (1). Right to deal with information (2) The Minister may deal with information obtained under this section as if the Minister had created the information.  1994, c. 25, s. 21 (2).
22 (1) The Minister shall prepare a report on the state of the Crown forests at least once every five years.  1994, c. 25, s. 22 (1). Report available to public (2) The Minister shall make the report available to the public on a publicly accessible website. 2019, c. 14, Sched. 15, s. 23. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 23 - 10/12/2019
23 The Minister may enter into agreements with First Nations for the joint exercise of any authority of the Minister under this Part.  1994, c. 25, s. 23. PART III   FOREST RESOURCE LICENCES
24 (1) If the Minister is of the opinion that forest resources in a management unit should be made available to be harvested or to be used for a designated purpose, the Minister shall give public notice in such manner as he or she considers appropriate of the intention to make the resources available.  1994, c. 25, s. 24 (1). Competitive process (2) The Minister shall not enter into an agreement under section 25 or grant a licence under this Part except in accordance with a competitive process.  1994, c. 25, s. 24 (2). Exception (3) Subsection (2) does not apply if, (a) another process is required by an agreement under section 25 or by a forest resource licence; or (b) another process is authorized by the Lieutenant Governor in Council.  1994, c. 25, s. 24 (3). Same (4) This section does not apply with respect to entering into an agreement under section 25 with or granting a forest resource licence to an Ontario local forest management corporation incorporated under the Ontario Forest
Tenure Modernization Act, 2011 and the exception under this subsection is in addition to any exception under subsection (3).  2011, c. 10, s. 28 (2). Section Amendments with date in force (d/m/y) 2011, c. 10, s. 28 (2)
- 01/06/2011
25 (1) The Minister may, with the approval of the Lieutenant Governor in Council, enter into an agreement to supply a person with forest resources from a management unit.  1994, c. 25, s. 25 (1). Forest management plan (2) An agreement shall not be entered into under subsection (1) unless it is consistent with the applicable forest management plan.  1994, c. 25, s. 25 (2). (3) Repealed:  2011, c. 10, s. 28 (3). Section Amendments with date in force (d/m/y) 2011, c. 10, s. 28 (3)
- 01/06/2011
26 (1) The Minister may, with the approval of the Lieutenant Governor in Council, grant a renewable licence to harvest forest resources in a management unit that requires the licensee to carry out renewal and maintenance activities for the benefit and on behalf of the Crown necessary to provide for the sustainability of the Crown forest in the area covered by the licence.  1998, c. 18, Sched. I, s. 15. Term (2) A licence under this section may be granted for a term of up to 20 years and the term may be extended in accordance with subsection (4). 2019, c. 14, Sched. 15, s. 24 (1). Five-year review (3) Subject to subsection (3.1), during the term of the licence, the Minister shall conduct a review every five years to ensure that the licensee has complied with the terms and conditions of the licence.  1994, c. 25, s. 26 (3); 2010, c. 16, Sched. 10, s. 2 (2). Seven-year review (3.1) If the circumstances prescribed by the regulations apply to the licence, the Minister shall, during the term of the licence, conduct a review at least every seven years to ensure that the licensee has complied with the terms and conditions of the licence.  2010, c. 16, Sched. 10, s. 2 (3). Extension of term (4) If a review conducted under subsection (3) or (3.1) satisfies the Minister that the licensee has complied with the terms and conditions of a licence, the Minister may, in his or her discretion, extend the term of the licence for five years. 2019, c. 14, Sched. 15, s. 24 (1). Additional extension (4.1) At the time of extending the term of a licence under subsection (4), the Minister may, in his or her discretion, further extend the term of the licence so that its term expires no later than March 31 of the 20th year after the year in which the Minister makes the extension. 2019, c. 14, Sched. 15, s. 24 (1). Contents (5) A licence under this section shall specify the following: 1. Requirements for the preparation by the licensee of inventories and forest management plans. 2. The silvicultural and other standards to be met by the licensee in carrying out forest operations. 3. Requirements for the submission of reports by the licensee to the Minister. 4. Procedures for the periodic review of the licensee’s performance under the licence. 5. The term of the licence and any conditions applicable to the renewal of the licence.  1994, c. 25, s. 26 (5). Same (6) A licence under this section shall inform the licensee of the provisions of sections 34 and 38.  1994, c. 25, s. 26 (6). Application (7) Subsections (2), (4) and (4.1) apply to licences granted under this section before and after the day the Better for People, Smarter for Business Act, 2019
receives Royal Assent. 2019, c. 14, Sched. 15, s. 24 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 15 - 01/04/1995 2010, c. 16, Sched. 10, s. 2 (2-5) - 25/10/2010 2019, c. 14, Sched. 15, s. 24 (1, 2) - 10/12/2019
27 (1) The Minister may, without the approval of the Lieutenant Governor in Council, grant a licence to harvest forest resources in a management unit or to use forest resources in a management unit for a designated purpose.  1994, c. 25, s. 27 (1). Term (2) The term of a licence under this section shall not exceed 10 years.  1994, c. 25, s. 27 (2); 2017, c. 2, Sched. 14, s. 1 (1). Agreements (3) The Minister may enter into an agreement with the holder of a licence under this section in respect of, (a) renewal and maintenance activities necessary to provide for the sustainability of the Crown forest in the area covered by the licence; or (b) obligations of the licensee that will be performed by the Minister in return for payment of a fee.  1996, c. 14, s. 1 (1). Renewal of licence (4) If the harvesting or use of the resources authorized by a licence under this section is not completed before the licence expires, the Minister may renew the licence for one term of up to two years, subject to such terms and conditions as may be specified by the Minister.  1994, c. 25, s. 27 (4); 2017, c. 2, Sched. 14, s. 1 (2). Forest management plan (5) A licence shall not be renewed under subsection (4) unless the renewal is consistent with the applicable forest management plan.  1994, c. 25, s. 27 (5). Section Amendments with date in force (d/m/y) 1996, c. 14, s. 1 (1) - 27/06/1996 2017, c. 2, Sched. 14, s. 1 (1, 2) - 22/03/2017
28 (1) The following are subject to such terms and conditions as are prescribed by regulation and to such other terms and conditions as may be specified in the licence, agreement or commitment: 1. A forest resource licence. 2. An agreement to supply forest resources entered into under section 25. 3. Any agreement with or commitment of the Crown in right of Ontario for the supply or the directing of forest resources from a Crown forest.  2011, c. 10, s. 28 (4). Application (2) Subsection (1) applies to licences, agreements and commitments issued or entered into before and after this section comes into force.  2011, c. 10, s. 28 (4). Additional authority (3) The terms and conditions that may be prescribed by regulation or specified in the licence, agreement or commitment under subsection (1) are in addition to the power of the Minister to amend a forest resource licence in accordance with section 34 and are not subject to section 34.  2011, c. 10, s. 28 (4). Section Amendments with date in force (d/m/y) 2011, c. 10, s. 28 (4)
- 01/06/2011
29 (1) A forest resource licence that authorizes the harvesting of forest resources is subject to the condition that the amount of forest resources harvested shall not exceed the amount described as available for harvesting in the applicable forest management plan.  1994, c. 25, s. 29 (1). Exception (2) The Minister may in writing direct that subsection (1) does not apply to a forest resource licence if the term of the licence does not exceed one year and the total area covered by the licence does not exceed 25 hectares.  1994, c. 25, s. 29 (2).
30 (1) A forest resource licence that authorizes the harvesting of trees is subject to the condition that all trees harvested shall be manufactured in Canada into lumber, pulp or other products.  1994, c. 25, s. 30 (1). Exception (2) Subsection (1) does not apply to trees that are used in Canada in an unmanufactured state for fuel, building or other purposes.  1994, c. 25, s. 30 (2). Exemption by Minister (3) The Minister may grant exemptions from subsection (1).  1994, c. 25, s. 30 (3). Lumber chips (4) For the purpose of subsection (2), chips produced as a by-product of the manufacture of lumber shall be deemed to be manufactured into lumber.  1994, c. 25, s. 30 (4).
31 (1) The Minister may determine from time to time the prices at which forest resources may be harvested or used for a designated purpose under a forest resource licence.  1994, c. 25, s. 31 (1). Effective date (2) A determination under subsection (1) may be made to apply retroactively to April 1 or any later date in the year in which the determination is made.  1994, c. 25, s. 31 (2).
32 (1) The holder of a forest resource licence shall pay to the Minister of Finance an annual area charge in the amount and within the times required by the Minister responsible for this section in respect of the land specified under subsection (2).  1998, c. 18, Sched. I, s. 16; 2011, c. 10, s. 28 (5). Land to be specified (2) A forest resource licence shall specify the land in the area covered by the licence in respect of which an annual area charge shall be paid and shall state the total area occupied by that land.  1994, c. 25, s. 32 (2). Exceptions (3) Subsections (1) and (2) do not apply in respect of a licence that only authorizes the harvesting of killed or damaged forest resources or that belongs to a class of licences prescribed by the regulations.  1994, c. 25, s. 32 (3). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 16 - 01/04/1997 2011, c. 10, s. 28 (5)
- 01/06/2011
33 (1) Property in forest resources that may be harvested under a forest resource licence remains in the Crown until all Crown charges have been paid in respect of the resources.  1994, c. 25, s. 33 (1). Same (2) Property in forest resources that may be used for a designated purpose under a forest resource licence remains in the Crown.  1994, c. 25, s. 33 (2).
34 (1) The Minister may amend a forest resource licence in accordance with the regulations.  1994, c. 25, s. 34 (1). Considerations (2) In determining whether to amend a licence under this section, the Minister shall take into consideration, (a) any reasonable business requirement of the licensee; (b) any collective agreement to which the licensee is a party and which affects the harvesting of the forest resources in the management unit to which the licence relates; (c) values identified in the forest management plan for the management unit to which the licence relates, including values relating to plant life, animal life, water, soil and air and social and economic values, including recreational values and heritage values; and (d) any other matter the Minister sees fit to consider.  1994, c. 25, s. 34 (2). Approval of L.G. in C. (3) An amendment to a licence under section 26 may be made only with the approval of the Lieutenant Governor in Council, unless the licensee has agreed in writing to the amendment.  2001, c. 9, Sched. K, s. 2 (2). Right to make representations (4) Before amending a licence, the Minister shall, (a) give the licensee written notice of the Minister’s intention to amend the licence and of the reasons for the amendment; and (b) give the licensee an opportunity to make representations to the Minister on the proposed amendment.  1994, c. 25, s. 34 (4). Forest management plan (5) Any amendment to a licence shall be consistent with the applicable forest management plan.  1994, c. 25, s. 34 (5). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. K, s. 2 (2) - 29/06/2001
35 (1) A transfer, assignment, charge or other disposition of a forest resource licence is not valid without the written consent of the Minister.  1994, c. 25, s. 35 (1). Same (1.1) In the written consent, the Minister may impose conditions on the transfer, assignment, charge or other disposition of the forest resource licence.  2011, c. 10, s. 28 (6). Deemed transfer (2) A forest resource licence shall be deemed to have been transferred, assigned, charged or otherwise disposed of if, (a) an interest in the licence is transferred, assigned, charged or otherwise disposed of; (b) control of a corporation that holds the licence, or a corporation that directly or indirectly controls that corporation, is transferred to another person; or (c) a corporation that holds the licence amalgamates with another corporation.  1994, c. 25, s. 35 (2). Application of subs. (2) (3) Subsection (2) does not apply in the following circumstances: 1. A transfer of shares by a corporation that is a licensee if the name of the corporation does not change and the control of the corporation is not transferred to another person. 2. An amendment to the articles of incorporation of a corporation that is a licensee to change the name of the corporation. 3. Any other prescribed circumstances.  1994, c. 25, s. 35 (3). Section Amendments with date in force (d/m/y) 2011, c. 10, s. 28 (6)
- 01/06/2011
35.1 (1) A licensee may, with the written consent of the Minister, surrender a forest resource licence on such terms as the Minister may impose.  2011, c. 10, s. 28 (7). Same (2) Nothing in subsection (1) affects the validity of the surrender of a licence which occurred before the day this section came into force.  2011, c. 10, s. 28 (7). Section Amendments with date in force (d/m/y) 2011, c. 10, s. 28 (7)
- 01/06/2011
36 A forest resource licence does not confer on the licensee any interest in land or any right to exclusive possession of land.  1994, c. 25, s. 36.
37 (1) The Minister may, subject to the Public Lands Act and to the provisions of a licence under section 26, sell, lease, grant or otherwise dispose of land that is subject to a forest resource licence or a permit.  1994, c. 25, s. 37 (1); 2019, c. 14, Sched. 15, s. 25 (1). Right to make representations (2) Subsection (1) applies only if the Minister gives the licensee or permittee at least 30 days written notice of the sale, lease, grant or other disposition and gives the licensee or permittee an opportunity to make representations to the Minister.  1994, c. 25, s. 37 (2); 2019, c. 14, Sched. 15, s. 25 (2). Effect of sale, etc. (3) A sale, lease, grant or other disposition of land under this section terminates the licence or permit in respect of the land and terminates all rights of the licensee or permittee in respect of forest resources on the land. 2019, c. 14, Sched. 15, s. 25 (3). Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 25 (1-3) - 10/12/2019
38 (1) A forest resource licence may be granted under this Part in respect of forest resources on land that is subject to another forest resource licence.  1994, c. 25, s. 38 (1). Agreement between licensees (2) Before more than one forest resource licence is granted in respect of the same land, the affected licensees and prospective licensees shall endeavour to agree on the matters prescribed by the regulations and, in the event of a dispute, the Minister may direct that the dispute be resolved in accordance with the procedure prescribed by the regulations.  1994, c. 25, s. 38 (2). Forest management plan (3) An agreement entered into under subsection (2) or a determination made in accordance with the procedure prescribed by the regulations shall be consistent with the applicable forest management plan.  1994, c. 25, s. 38 (3). Amendment of licence (4) The Minister may amend a forest resource licence to accord with an agreement under subsection (2) or with the result of the dispute resolution procedure referred to in subsection (2).  1994, c. 25, s. 38 (4).
39 The Minister may at any time cause a survey to be made to establish or re-establish the boundaries of the area covered by a forest resource licence and, unless the Minister otherwise directs, the cost of the survey shall be borne by the licensee or, if the boundary in question is a division line between two licensed areas, by the respective licensees in such proportions as the Minister considers proper.  1994, c. 25, s. 39.
40 (1) Crown charges in respect of forest resources authorized to be harvested or used for a designated purpose by a forest resource licence shall be paid by the licensee whether the resources are harvested or used by the licensee or by another person with or without the licensee’s consent.  1994, c. 25, s. 40 (1). Property in resources (2) Upon payment of the charges referred to in subsection (1) by the holder of a forest resource licence, property in forest resources that have been harvested on the land to which the licence relates during the term of the licence vests in the licensee, whether the resources were harvested by the licensee or by another person with or without the licensee’s consent.  1994, c. 25, s. 40 (2). Seizure of resources (3) The holder of a forest resource licence who has paid the charges referred to in subsection (1) is entitled to seize all forest resources that have been harvested during the term of the licence and that are in the possession of a person not entitled to them.  1994, c. 25, s. 40 (3). Right of action (4) The holder of a forest resource licence who has paid the charges referred to in subsection (1) is entitled to bring an action against any person who, during the term of the licence, harvested, damaged or took possession of forest resources without the permission of the licensee.  1994, c. 25, s. 40 (4).
41 If Crown charges have not been paid by the holder of a forest resource licence or a permit, the Minister may withhold any licence, permit or approval requested by the licensee or permittee until the Crown charges are paid. 2019, c. 14, Sched. 15, s. 26. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 26 - 10/12/2019
41.1 (1) The Minister may cancel any of the following: 1. An agreement to supply forest resources entered into under section 25. 2. A forest resource licence. 3. Any agreement with or commitment of the Crown in right of Ontario for the supply or the directing of forest resources from a Crown forest.  2011, c. 10, s. 28 (8). Grounds for cancellation (2) The Minister may cancel an agreement, licence or commitment if the Minister is of the opinion that, (a) the cancellation is necessary or desirable to facilitate or permit the issuance of a forest resource licence to, (i) an Ontario local forest management corporation that has been, or is proposed to be, established, or (ii) a company or entity that was formed for the purpose of carrying out forest management responsibilities in a management unit where the company or entity is not associated with any particular forest resource processing facility and the party holding the agreement, licence or commitment to be cancelled was offered an opportunity to participate in the company or entity; or (b) the party holding the agreement, licence or commitment is not, in accordance with any criteria that may be prescribed by regulation, sufficiently and consistently using the forest resources that are the subject of the agreement, licence or commitment.  2011, c. 10, s. 28 (8). Approval necessary (3) The Minister may cancel an agreement, licence or commitment under this section only with the approval of the Lieutenant Governor in Council.  2011, c. 10, s. 28 (8). Right to make representations (4) Before cancelling an agreement, licence or commitment, the Minister shall, (a) give the holder of the agreement, licence or commitment written notice of the Minister’s intention to cancel the agreement, licence or commitment and of the reasons for the cancellation; and (b) give the holder of the agreement, licence or commitment an opportunity to make representations to the Minister on the reasons why the agreement, licence or commitment should not be cancelled.  2011, c. 10, s. 28 (8). Additional authority (5) The authority of the Minister to cancel an agreement, licence or commitment is in addition to the authority of the Minister to cancel or suspend a forest resource licence under section 59 and is not subject to section 59.  2011, c. 10, s. 28 (8). Definition (6) In this section, “Ontario local forest management corporation” means an Ontario local forest management corporation incorporated under section 3 of the Ontario Forest
Tenure Modernization Act, 2011.  2011, c. 10, s. 28 (8). Section Amendments with date in force (d/m/y) 2011, c. 10, s. 28 (8)
- 01/06/2011
41.3 No decision or action of the Minister under this Part, and no action taken by a permittee under the authority of a permit is, (a) a forest operation within the meaning of this Act; or (b) subject to a requirement to provide for the sustainability of a Crown forest. 2019, c. 14, Sched. 15, s. 28. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 28 - 10/12/2019
41.4 (1) The Minister may issue a permit to a person to remove forest resources that are in a Crown forest for the purpose of allowing an activity to be carried out on the land that requires the forest resources to be removed. 2019, c. 14, Sched. 15, s. 28. Forest Management Planning Manual, etc., not applicable (2) Neither the issuance of a permit, nor the removal of forest resources under the authority of a permit, is subject to the requirements of, (a) the Forest Management Planning Manual; (b) a forest management plan approved under section 9; (c) a forest operations prescription prepared and certified under section 16; (d) a work schedule prepared or revised under section 17; or (e) subsection 42 (1). 2019, c. 14, Sched. 15, s. 28. Limitations on issuance (3) The Minister may issue a permit to remove forest resources for the purposes of an activity described in subsection (1) only if, (a) the activity is not a forest operation; (b) the activity requires the forest resources to be removed and not be renewed during the duration of the activity; and (c) in order to proceed with the activity, the prospective permittee is required under any of the following Acts to obtain an approval or to satisfy conditions or requirements imposed in respect of the activity, and has received the approval or satisfied the conditions or requirements: (i) The Environmental Assessment Act. (ii) The Mining Act. (iii) The Public Lands Act. (iv) The Lakes and Rivers Improvement Act. (v) The Aggregate Resources Act. (vi) The Canadian Environmental Assessment Act, 2012. (vii) An Act of Ontario or of Canada prescribed by the regulations. 2019, c. 14, Sched. 15, s. 28. Considerations (4) In determining whether to issue a permit, the Minister shall have regard for the plant life, animal life, water, soil, air and social and economic values, including recreational values and heritage values, of the Crown forest. 2019, c. 14, Sched. 15, s. 28. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 28 - 10/12/2019
41.5 (1) A permit is subject to whatever terms and conditions may be prescribed in the regulations and to such other terms and conditions as the Minister may specify in the permit. 2019, c. 14, Sched. 15, s. 28. Additional authority (2) The terms and conditions that may be prescribed by regulation or specified in the permit under subsection (1) are in addition to the power of the Minister to amend a permit in accordance with section 41.9 and are not subject to section 41.9. 2019, c. 14, Sched. 15, s. 28. Examples (3) Without limiting the generality of subsection (1), a permit may be subject to any of the following terms and conditions: 1. Setting the term during which the permit applies. 2. Limiting the area to which the permit applies. 3. Directing the use of or disposal of forest resources removed under the permit. 4. Requiring the permittee to take steps specified in the permit, and requiring that steps be taken before engaging in the removal of forest resources authorized by the permit. 5. Requiring the permittee to furnish security in an amount that is, in the opinion of the Minister, sufficient to ensure compliance with the permit. 6. Requiring the permittee to submit reports and information to the Minister. 7. Setting out the circumstances in which the permittee requires the consent of the Minister to undergo material changes to its structure or its business. 8. Specifying that the permit is non-transferable or limiting the permittee’s ability to transfer or assign the permit. 9. Requiring the permittee to undertake silviculture or other activities to renew the Crown forest. 2019, c. 14, Sched. 15, s. 28. Compliance (4) The authorization to remove forest resources under a permit does not apply unless the permittee complies with all the terms and conditions of the permit. 2019, c. 14, Sched. 15, s. 28. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 28 - 10/12/2019
41.6 (1) The Minister may issue a permit in respect of forest resources on land that is subject to a forest resource licence. 2019, c. 14, Sched. 15, s. 28. Right to make representations (2) Subsection (1) applies only if the Minister gives the licensee written notice of the intent to issue a permit and gives the licensee an opportunity to make representations to the Minister. 2019, c. 14, Sched. 15, s. 28. Effect of permit (3) The issuance of a permit to which subsection (1) applies terminates the licence in respect of the land to which the permit applies and terminates all rights of the licensee in respect of forest resources on the land. 2019, c. 14, Sched. 15, s. 28. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 28 - 10/12/2019
41.7 Property in forest resources that are removed under a permit remains in the Crown until all Crown charges have been paid in respect of the resources. 2019, c. 14, Sched. 15, s. 28. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 28 - 10/12/2019
41.8 (1) The Minister may determine, from time to time, the prices, forestry futures charges and forest renewal charges applicable to the removal of forest resources under a permit. 2019, c. 14, Sched. 15, s. 28. Same (2) A permittee shall pay the prices and charges determined under subsection (1) in the amounts, in the manner and within the times required by the Minister. 2019, c. 14, Sched. 15, s. 28. Effective date (3) A determination under subsection (1) may be made to apply retroactively to April 1 or any later date in the year in which the determination is made. 2019, c. 14, Sched. 15, s. 28. Obligation on permittee (4) Crown charges in respect of forest resources that are removed under authority of a permit shall be paid by the permittee whether the resources are removed by the permittee or by another person with or without the permittee’s consent. 2019, c. 14, Sched. 15, s. 28. Property in resources (5) Upon payment by a permittee of all Crown charges referred to in subsection (4), property in forest resources that have been removed in the land to which the permit relates during the term of the permit vests in the permittee, whether the resources were removed by the permittee or by another person with or without the permittee’s consent. 2019, c. 14, Sched. 15, s. 28. Seizure of resources (6) A permittee who has paid all Crown charges referred to in subsection (4) is entitled to seize all forest resources that have been removed during the term of the permit and that are in the possession of a person not entitled to them. 2019, c. 14, Sched. 15, s. 28. Right of action (7) A permittee who has paid all Crown charges referred to in subsection (4) is entitled to bring an action against any person who, during the term of the permit, removed, damaged or otherwise took possession of forest resources without the permission of the permittee. 2019, c. 14, Sched. 15, s. 28. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 28 - 10/12/2019
41.9 (1) The Minister may amend a permit. 2019, c. 14, Sched. 15, s. 28. Right to make representations (2) Before amending a permit, the Minister shall, (a) give the permittee written notice of the Minister’s intention to amend the permit and of the reasons for the amendment; and (b) give the permittee an opportunity to make representations to the Minister on the proposed amendment. 2019, c. 14, Sched. 15, s. 28. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 28 - 10/12/2019
41.10 A permittee may, with the written consent of the Minister, surrender a permit on such terms as the Minister may impose. 2019, c. 14, Sched. 15, s. 28. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 28 - 10/12/2019
41.11 A permit does not confer on the permittee any interest in land or any right to exclusive possession of land. 2019, c. 14, Sched. 15, s. 28. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 28 - 10/12/2019
41.12 The Minister may at any time cause a survey to be made to establish or re-establish the boundaries of the area covered by a permit and, unless the Minister otherwise directs, the cost of the survey shall be borne by the permittee. 2019, c. 14, Sched. 15, s. 28. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 28 - 10/12/2019
41.13 (1) A permittee who removes forest resources under the authority of a permit shall not do any of the following unless the resources have been measured and counted by a licensed scaler, in accordance with the Scaling Manual: 1. Transport the forest resources. 2. Take any steps to process or modify the forest resources except in a manner that allows them to be measured and counted in accordance with the Scaling Manual. 3. Allow the transport, processing or modification of the forest resources. 2019, c. 14, Sched. 15, s. 28. Same (2) A permittee shall remove forest resources in a manner that allows them to be measured and counted in accordance with the Scaling Manual. 2019, c. 14, Sched. 15, s. 28. Exceptions (3) Despite subsections (1) and (2), the Minister may direct that forest resources be measured, counted or weighed at such place and in such manner as the Minister may direct. 2019, c. 14, Sched. 15, s. 28. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 28 - 10/12/2019
41.14 The Minister may deal with any information obtained under this Part as if the Minister had created the information. 2019, c. 14, Sched. 15, s. 28. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 28 - 10/12/2019 PART III.2   AUTHORIZATIONS FOR PERSONAL USE
41.15 In this Part, “personal use” means personal use as defined in the regulations. 2021, c. 34, Sched. 6, s. 3. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 6, s. 3 - 19/04/2022
41.16 (1) A person may harvest forest resources in a Crown forest for personal use, (a) in accordance with an authorization issued by the Minister, subject to subsection (2); or (b) in the circumstances prescribed by the regulations. 2021, c. 34, Sched. 6, s. 3. Minister’s authorization (2) The Minister’s authorization under clause (1) (a) shall be issued in accordance with the regulations. 2021, c. 34, Sched. 6, s. 3. Terms and conditions (3) An authorization under clause (1) (a) is subject to whatever terms and conditions may be prescribed in the regulations and to such other terms and conditions as the Minister may specify in the authorization. 2021, c. 34, Sched. 6, s. 3. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 6, s. 3 - 19/04/2022
41.17 (1) The Minister may determine, from time to time, the prices, forestry futures charges and forest renewal charges applicable to the harvesting of forest resources for personal use under a Minister’s authorization or in the circumstances prescribed by the regulations. 2021, c. 34, Sched. 6, s. 3. Same (2) A person who harvests forest resources in a Crown forest for personal use under a Minister’s authorization or in the circumstances prescribed by the regulations shall pay the prices and charges determined under subsection (1) in the amounts, in the manner and within the times required by the Minister. 2021, c. 34, Sched. 6, s. 3. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 6, s. 3 - 19/04/2022
41.18 (1) The Minister may issue an authorization under section 41.16 to harvest forest resources on land that is subject to a forest resource licence. 2021, c. 34, Sched. 6, s. 3. Same (2) The regulations may provide that a person can harvest forest resources under clause 41.16 (1) (b) on land that is subject to a forest resource licence in the circumstances prescribed by the regulations. 2021, c. 34, Sched. 6, s. 3. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 6, s. 3 - 19/04/2022
41.19 The harvesting of forest resources for personal use under an authorization issued under this Part or in the circumstances prescribed by the regulations is not subject to any of the requirements of Part IV. 2021, c. 34, Sched. 6, s. 3. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 6, s. 3 - 19/04/2022 PART IV   FOREST OPERATIONS
42 (1) A person shall not conduct forest operations in a Crown forest except in accordance with, (a) an applicable forest management plan; (a.1) any forest operations prescriptions that apply to the forest operations; and (b) an applicable work schedule.  1994, c. 25, s. 42 (1); 1994, c. 25, s. 42 (3); 2019, c. 14, Sched. 15, s. 29. Exception (2) The Minister may in writing direct that subsection (1) does not apply to forest operations conducted by or on behalf of the Minister if, in the opinion of the Minister, the forest operations are necessary to provide for the sustainability of a Crown forest.  1994, c. 25, s. 42 (2). (3) Spent:  1994, c. 25, s. 42 (3). Section Amendments with date in force (d/m/y) 1994, c. 25, s. 42 (3) - 01/04/1997 2019, c. 14, Sched. 15, s. 29 - 10/12/2019
43 A person who conducts forest operations in a Crown forest shall comply with the Forest Operations and Silviculture Manual.  1994, c. 25, s. 43.
44 (1) The holder of a forest resource licence that authorizes the harvesting of forest resources shall not begin to harvest forest resources in any year unless the Minister has approved in writing the harvesting in the area in which the harvesting is to occur.  1994, c. 25, s. 44 (1). Crown charges (2) The Minister may withhold approval under subsection (1) if the person is in default of payment of any Crown charges.  1994, c. 25, s. 44 (2).
45 (1) A person shall not remove forest resources in a Crown forest from the place of harvesting unless the resources have been measured and counted by a licensed scaler.  1994, c. 25, s. 45 (1). Methods of measurement (2) A person who measures, counts or weighs forest resources shall do so in accordance with the Scaling Manual.  1994, c. 25, s. 45 (2). Exceptions (3) Despite subsections (1) and (2), the Minister may direct that forest resources be measured, counted or weighed at a place other than the place of harvesting and in such manner as the Minister may direct.  1994, c. 25, s. 45 (3).
46 A person who removes forest resources from a Crown forest shall keep such records as are prescribed by the regulations.  1994, c. 25, s. 46.
47 The Minister may in writing direct that this Part or a provision of this Part does not apply to forest operations conducted in accordance with a forest resource licence if the term of the licence does not exceed one year and the total area covered by the licence does not exceed 25 hectares.  1994, c. 25, s. 47. Endangered Species Act, 2007 47.1 (1) Clause 9 (1) (a) and subsection 10 (1) of the Endangered Species Act, 2007 do not apply to a person who kills, harms, harasses, captures or takes a member of a species at risk, or damages or destroys the habitat of such a species, while the person is conducting forest operations, (a) in a Crown forest; (b) in accordance with an approved forest management plan; and (c) on behalf of the Crown or under the authority of a forest resource licence. 2020, c. 36, Sched. 8, s. 3. (2) Subclauses 9 (1) (b) (i) and (ii) of the Endangered Species Act, 2007 do not apply to a person who transports or possesses a member of a species if, pursuant to subsection (1), clause 9 (1) (a) and subsection 10 (1) of that Act did not apply with respect to the member of the species. 2020, c. 36, Sched. 8, s. 3. (3) No order shall be issued under section 27.1 or 28 of the Endangered Species Act, 2007 with respect to a person conducting forest operations in accordance with subsection (1). 2020, c. 36, Sched. 8, s. 3. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 8, s. 3 - 08/12/2020 PART V   TRUST FUNDS
47.1 (1) Clause 9 (1) (a) and subsection 10 (1) of the Endangered Species Act, 2007 do not apply to a person who kills, harms, harasses, captures or takes a member of a species at risk, or damages or destroys the habitat of such a species, while the person is conducting forest operations, (a) in a Crown forest; (b) in accordance with an approved forest management plan; and (c) on behalf of the Crown or under the authority of a forest resource licence. 2020, c. 36, Sched. 8, s. 3. (2) Subclauses 9 (1) (b) (i) and (ii) of the Endangered Species Act, 2007 do not apply to a person who transports or possesses a member of a species if, pursuant to subsection (1), clause 9 (1) (a) and subsection 10 (1) of that Act did not apply with respect to the member of the species. 2020, c. 36, Sched. 8, s. 3. (3) No order shall be issued under section 27.1 or 28 of the Endangered Species Act, 2007 with respect to a person conducting forest operations in accordance with subsection (1). 2020, c. 36, Sched. 8, s. 3. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 8, s. 3 - 08/12/2020 PART V   TRUST FUNDS