jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
 1. In this Act, “Crown charges” includes all charges and dues in respect of Crown timber, interest, costs, expenses and penalties imposed under this Act or the regulations or by a licence, and all other charges, rents and claims of the Crown in connection with a licensed area; (“redevances de la Couronne”) “Crown timber” means timber on public lands or timber that is the property of the Crown under the management of the Minister on lands other than public lands; (“bois de la Couronne”) “cull” means a defective log as defined by the manual of scaling instructions; (“rebut”) “licence” means a document heretofore or hereafter granted that authorizes the cutting of Crown timber and, subject to subsection 6 (3), includes an agreement entered into under subsection (1) of that section; (“permis”) “licensed area” means the lands upon which the right to cut Crown timber is authorized by a licence; (“secteur visé par le permis”) “licensee” means a person, (a) to whom a licence has been granted, (b) with whom the Minister has entered into an agreement under subsection 6 (1), (c) to whom a licence has been assigned with the consent of the Minister, or (d) in whom a licence has become vested by operation of law; (“titulaire de permis”) “mill” means a plant in which logs or wood-bolts are initially processed, and includes a saw mill and a pulp mill; (“usine”) “Minister” means the Minister of Natural Resources; (“ministre”) “Ministry” means the Ministry of Natural Resources; (“ministère”) “officer or agent” means a person employed or appointed to assist in the administration of this Act; (“fonctionnaire ou agent”) “productive lands” means lands that are not rock barrens, muskeg or lands covered with water; (“terres productives”) “professional forester” means a person registered under The Ontario Professional Foresters Association Act, 1957, being Chapter 149; (“forestier professionnel”) “public lands” means the lands vested in Her Majesty in right of Ontario and under the management of the Minister, and includes the lands in respect of which a lease, licence of occupation or permit has been granted or issued under the Mining Act, the Provincial Parks Act or the Public Lands Act; (“terres publiques”) “regulations” means the regulations made under this Act; (“règlements”) “stumpage charges” means the amount equal to the total of the amount of the Crown dues, including forest renewal charges, and any other amounts added thereto in fixing the price to be paid for Crown timber; (“droits de coupe”) “unproductive lands” means rock barrens, muskeg or lands covered by water. (“terres improductives”) R.S.O. 1990, c. C.51, s. 1; 1994, c. 17, s. 52. Licences to cut Crown Timber
Sale of Crown timber by tender
 2. (1) The Minister may offer Crown timber for sale by tender either, (a) to the public generally; or (b) to any particular class or group of persons who in his or her opinion are or may be interested in such timber as a source of supply of raw materials for mills in existence at the time the offer is made. Licences to cut Crown timber (2) The Minister may grant a licence to cut such timber to the person making the highest tender therefor for such period as he or she considers proper, subject to such terms and conditions as are prescribed in the regulations and subject to such other terms and conditions as he or she considers proper and that are not inconsistent with the regulations. Acceptance of tenders (3) The Minister is not obliged to accept the highest tender. Proof of ability to use timber (4) The Minister shall not grant a licence under subsection (2) until the highest tenderer has furnished proof that the tenderer owns and is operating a mill or that the tenderer has a contract to supply wood to a mill. Grant of licence to next highest tenderer (5) Where the highest tenderer fails to furnish the proof mentioned in subsection (4) within thirty days of the sending by the Minister of notice to furnish such proof, the Minister may, subject to the furnishing of the proof mentioned in subsection (4), grant to the next highest tenderer a licence having the same terms, conditions and prices as those tendered by the highest tenderer. Renewal of licence (6) Where a licence has been granted under subsection (2) and the cutting of the timber authorized by the licence was not completed before the licence expired, the Minister may renew the licence for one term not exceeding three years, subject to such terms and conditions as are prescribed by the regulations and subject to such other terms and conditions as he or she considers proper and that are not inconsistent with the regulations. Licence where licensed area not more than 160 acres (7) Despite subsection (1), the Minister may grant a licence to cut Crown timber at such prices and subject to such terms and conditions as he or she considers proper, if the licensed area does not exceed 160 acres. Failure to operate (8) Where for any reason the holder of a licence issued under subsection (2) or (6) does not operate a mill or does not supply wood from the licensed area to a mill during a period of twelve months ending on the 31st day of March in any year, the Minister may cancel the licence as of that day. R.S.O. 1990, c. C.51, s. 2.
Licences granted with approval of Lieutenant Governor in Council
 3. (1) The Minister, with the approval of the Lieutenant Governor in Council, may grant licences to cut Crown timber for such periods and subject to such terms and conditions as are prescribed by the regulations and at such prices and subject to such other terms and conditions as the Minister considers proper and that are not inconsistent with the regulations. Renewal of licence (2) Where a licence has been granted under subsection (1) and the cutting of the timber authorized by the licence was not completed before the licence expired, the Minister may renew the licence for one term of one year, subject to the same terms and conditions as were contained in the licence. Terms and conditions (3) Where a licence to cut Crown timber is granted under subsection 2 (2) or under subsection (1) or is renewed under subsection 2 (6) or under subsection (2), the Minister may, (a) determine from time to time the prices at which species of timber may be cut where the prices for such species are not specifically set out in the licence; and (b) grant to a licensee, from time to time during the term of the licence, rights to cut on the licensed area additional species not set out in the licence at such prices and upon such terms and conditions as the Minister considers proper. R.S.O. 1990, c. C.51, s. 3.
Crown management units
 4. The Minister may designate any public lands and other lands on which trees are vested in Her Majesty in right of Ontario as a Crown management unit and, subject to the approval of the Lieutenant Governor in Council, may enter into agreement with any person for the supply of Crown timber to such person from such unit for such term of years and in such manner as they agree upon. R.S.O. 1990, c. C.51, s. 4.
Salvage licences
 5. (1) Where Crown timber that is not subject to a licence has been killed or damaged, the Minister may grant licences to permit the salvage of such timber and the cutting of any other Crown timber that in his or her opinion should in the interest of economic forest utilization be cut with such killed or damaged timber at such prices and subject to such terms and conditions as the Minister considers proper. Direction to licensee to cut killed or damaged timber (2) Where Crown timber in respect of which a licence has been granted has been killed or damaged, the Minister may direct the licensee to cut such timber and any other timber that in his or her opinion should in the interest of economic forest utilization be cut with such killed or damaged timber at such prices and subject to such terms and conditions as the Minister considers proper. Failure or neglect of licensee (3) Where a licensee refuses or neglects to comply with a direction of the Minister under subsection (2) within such time as is fixed by the Minister, the Minister may cancel or vary the licence in respect of the timber directed to be cut and may grant licences to persons other than the licensee to permit the salvage of such timber and the cutting of any other Crown timber that in his or her opinion should in the interest of economic forest utilization be cut with such killed or damaged timber at such prices and subject to such terms and conditions as the Minister considers proper. R.S.O. 1990, c. C.51, s. 5.
Areas to be stated
 7. (1) Every licence shall state the total area of the lands comprised therein and the area of the productive lands and the area of the unproductive lands included in such total area. Area charge (2) Every licensee shall pay annually an area charge in respect of the productive lands comprised in the licensed area. R.S.O. 1990, c. C.51, s. 7.
Forest Renewal Trust
 7.1
(1) The Minister may establish in writing a trust to be known in English as the Forest Renewal Trust and in French as Fonds de reboisement. Terms of Trust (2) The Trust shall provide for reimbursement of silvicultural expenses incurred after March 31, 1994 in respect of land where Crown timber has been cut and for such other matters as may be specified by the Minister, on such terms and conditions as may be specified by the Minister. Trustee (3) 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. Not part of C.R.F. (4) Money received or held by the Trust shall not form part of the Consolidated Revenue Fund. Annual report (5) 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. Other reports (6) The Trust shall provide the Minister with such other reports and information as he or she may request. 1994, c. 17, s. 53, part.
Forest renewal charges
 7.2
(1) Every licensee shall pay forest renewal charges to the Minister of Finance in accordance with the regulations. Payment to Forest Renewal Trust (2) Despite subsection (1), the Minister of Natural Resources may direct that a licensee who cuts Crown timber on an area that is subject to an agreement under section 6 shall pay forest renewal charges to the Forest Renewal Trust instead of to the Minister of Finance. 1994, c. 17, s. 53, part.
Separate account in C.R.F.
 7.3
(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 cuts timber on an area that is subject to an agreement under section 6; or (b) the due date for payment of the charges to the Minister of Finance is April 1, 1995 or later. 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. Payments out of account (3) The Minister of Natural Resources may direct that money be paid out of the separate account, (a) to the Minister of Natural Resources or a person specified by the Minister, for payment or reimbursement of silvicultural expenses incurred after March 31, 1994 in respect of land where Crown timber has been cut; or (b) to the Forest Renewal Trust. 1994, c. 17, s. 53, part.
Forestry Futures Trust
 7.4
(1) The Minister may establish in writing a trust to be known in English as the Forestry Futures Trust and in French as Fonds de réserve forestier. Terms of Trust (2) 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 on land where Crown timber has been killed or damaged by fire or natural causes. 2. The funding of silvicultural expenses on land that is subject to a licence, if the licensee becomes insolvent. 3. The funding of intensive stand management and pest control in respect of Crown timber. 4. Such other purposes as may be specified by the Minister. Trustee (3) 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. Payments to Trust (4) Every licensee shall pay forestry futures charges to the Trust in accordance with the regulations. Criteria for payments from funds of Trust (5) Subject to the terms of the Trust, the Minister shall establish criteria to be used in making payments from the funds of the Trust. Committee (6) The Minister may establish a committee to, (a) advise the Minister on the criteria referred to in subsection (5); 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 (5). Not part of C.R.F. (7) Money received or held by the Trust shall not form part of the Consolidated Revenue Fund. Annual report (8) 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. Other reports (9) The Trust shall provide the Minister with such other reports and information as he or she may request. 1994, c. 17, s. 53, part.
Survey
 8. (1) The Minister may at any time cause a survey to be made to establish or re-establish the boundaries of any licensed area and the cost of such survey shall be borne by the licensee or, where the boundary in question is a division line between two licensed areas, the cost of such survey shall be borne by the respective licensees in such proportions as the Minister considers proper. Idem (2) Where it appears that Crown timber has been cut without the authority of a licence and there is a dispute as to the boundaries of the area of the cutting, the Minister may cause a survey to be made to establish or re-establish such boundaries, and, where as a result of the survey it is established that Crown timber was cut without authority, the cost of the survey, in addition to any penalty that may be imposed, shall be borne by the person responsible for such cutting. R.S.O. 1990, c. C.51, s. 8.
Species and lands to be described
 9. (1) Every licence shall name the species of timber and describe the lands upon which such timber may be cut. Conflicting licences (2) If a licence is found to comprise a species of timber or lands included in an earlier licence, the later licence is void in so far as it conflicts with the earlier licence, and the person holding the later licence has no claim against the Minister for indemnity or compensation by reason thereof. R.S.O. 1990, c. C.51, s. 9.
Rights of licensee in area limited
 10. A licence does not confer on the licensee any right to the soil or freehold of the licensed area or to the exclusive possession thereof except as is in the opinion of the Minister necessary for the cutting and removal of the timber thereon and the management of the licensed area and operations incidental thereto. R.S.O. 1990, c. C.51, s. 10.
Effect of licence
 11. (1) Subject to the payment of Crown charges, the property in all timber of the species set out in a licence and cut during the term of the licence vests in the licensee at the time the timber is cut. Crown charges to be paid (2) Crown charges in respect of all timber of the species set out in the licence cut on a licensed area during the term of the licence shall be paid by the licensee whether the timber is cut by the licensee or by any other person with or without the licensee’s consent. R.S.O. 1990, c. C.51, s. 11.
Rights of licensee in timber
 12. (1) Every licence entitles the licensee to seize all timber of the species set out in the licence cut on the licensed area during the term of the licence wherever the timber is found in the possession of a person not entitled thereto and to maintain an action against a person wrongfully cutting or damaging or having wrongful possession of the timber. Continuation of proceedings (2) All proceedings pending at the expiration of a licence may be continued to final termination as if the licence had not expired. R.S.O. 1990, c. C.51, s. 12.
Express right necessary to cut on certain lands
 13. (1) A licence does not confer any right to cut Crown timber on lands for which at the time the licence comes into force a patent, lease, licence of occupation, or permit has been issued, unless the right to so cut is expressly conferred by the licence. No right to cut on located or sold lands (2) A licence does not confer any right to cut Crown timber on unpatented lands that at the time the licence comes into force have been located or sold under the Public Lands Act. R.S.O. 1990, c. C.51, s. 13.
Commencement of cutting operations
 14. (1) No licensee shall commence cutting operations in any year until the Minister has approved in writing the area in which the cutting operations are to be carried on in that year. Default of charges (2) Where a licensee does not pay the Crown charges within thirty days of the date the account therefor was sent to the licensee, the Minister may withhold the approval mentioned in subsection (1) until such Crown charges are paid. R.S.O. 1990, c. C.51, s. 14.
Timber to be manufactured in Canada
 15. (1) Every licence is subject to the condition that all timber cut thereunder, except timber that is used in Canada in an unmanufactured state for fuel, building or other purposes, shall, except as provided in subsection (3), be manufactured in Canada into ties, poles, pit props, lumber, veneer or such like products or into pulp. Lumber chips deemed to be manufactured (2) For the purpose of subsection (1), chips produced as a by-product of the manufacture of lumber shall be deemed to be manufactured into lumber. Power to suspend operation of subs. (1) (3) The Lieutenant Governor in Council, after giving thirty days notice of the intention so to do by publication in The Ontario Gazette, may suspend the operation of subsection (1) as to any kind or class of timber designated by the Lieutenant Governor in Council and as to any area defined by the Lieutenant Governor in Council and for such period and upon such other terms and conditions as the Lieutenant Governor in Council considers proper. R.S.O. 1990, c. C.51, s. 15.
Certificate and affidavit or declaration
 16. Every person who applies to the Ministry for a customs clearance document relating to the export of timber shall make a statement by affidavit or by statutory declaration respecting the timber in such form as the Minister prescribes. R.S.O. 1990, c. C.51, s. 16.
Supplying mills with timber
 17. (1) The Minister, by written notice containing such provisions as he or she considers proper, may direct a licensee to offer to the owner or operator of the mill specified therein the first opportunity to purchase the kind or class of timber produced from time to time by the licensee. Amendment of notice (2) The Minister may by written notice amend, vary or revoke any notice issued under subsection (1). R.S.O. 1990, c. C.51, s. 17.
Assignment, etc., of licences
 18. (1) A licence shall not be assigned, pledged or charged without the consent in writing of the Minister and permission to cut timber on a licensed area shall not be granted by a licensee without the consent in writing of the Minister, and the Minister is not under any circumstances bound to give such consent and may impose such terms and conditions as he or she considers proper. Consent of Minister (2) An assignment, pledge or charge of a licence or permission to cut on a licensed area does not have any force or validity unless the Minister has consented thereto in writing. Cancellation of licence (3) Where an application is made to the Minister for a consent under subsection (1) and the Minister is of opinion that the licensee’s cutting operations on and improvements of the licensed area have not been adequate in all the circumstances, he or she may cancel the licence. R.S.O. 1990, c. C.51, s. 18.
Records
 19. Every licensee shall keep in connection with every cutting operation such records relating to the quantity of timber cut as are required by the Minister and such records shall be open at all times to the inspection of any officer or agent and shall at the end of each cutting season be delivered to an officer or agent. R.S.O. 1990, c. C.51, s. 19.
Additional powers
 20. Despite any licence, the Minister may, (a) subject to this Act, dispose of any Crown timber not expressly mentioned in the licence; and (b) after thirty days written notice to the licensee specifying the action proposed to be taken and giving the licensees an opportunity to be heard, sell, lease, grant or otherwise dispose of any public lands included in a licensed area for any purpose for which public lands may be disposed of under the Public Lands Act, and upon such sale, lease or grant being made all rights of the licensee in respect of the timber on such lands cease. R.S.O. 1990, c. C.51, s. 20. Lien for Crown Charges and Seizure of Timber
Lien for Crown charges
 21. All Crown charges are a lien and charge upon timber cut by a licensee under the authority of any licence and upon any product manufactured from such timber in preference and priority to any and all other fees, charges, liens or claims whatsoever. R.S.O. 1990, c. C.51, s. 21.
Seizure of timber and products
 22. (1) Any officer or agent may seize and detain any timber and any product manufactured from such timber, (a) where the person for the time being in possession or control of the timber or product refuses or fails to inform the officer or agent of the name and address of the person from whom the timber or product was received or of any fact within the person’s knowledge respecting the timber of product; or (b) where the officer or agent believes on reasonable grounds that the timber or the timber from which the product was manufactured has not been measured or counted by a scaler as required by this Act; or (c) where the officer or agent believes on reasonable grounds that Crown charges are owing by the licensee in respect of the timber or the timber from which the product was manufactured or any other timber; or (d) where the officer or agent believes on reasonable grounds that the timber or the timber from which the product was manufactured was not cut under the authority of a licence. Removal of seized timber and products (2) Any timber or product that is seized under subsection (1) may be removed to such place as the officer or agent considers 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 officer or agent may direct, but, (a) the Minister is liable for transportation and all other proper charges incurred in consequence of the directions given by the officer or agent; and (b) such seizure does not prejudice or affect any lien to which the carrier is entitled in respect of the timber or product up to the time of such seizure. Timber mixed with other timber (3) Where timber liable to seizure under 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 impractical 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. R.S.O. 1990, c. C.51, s. 22.
Forfeiture of seized timber and products
 23. Where timber or any product manufactured therefrom has been seized and no claim to recover it is made within thirty days from the date of the seizure, the timber or product shall be deemed to be forfeited to and becomes the property of the Crown and may be dealt with in such manner as the Minister may direct. R.S.O. 1990, c. C.51, s. 23.
Notice of lien
 24. Where timber or any product manufactured therefrom is subject to a lien and charge under section 21 and is under seizure or attachment by a sheriff or a bailiff of a court, or is claimed by or is in the possession of any assignee for the benefit of creditors, or any liquidator, or any trustee in bankruptcy, or where such timber or product has been converted into cash that has not been distributed, the Minister may give to the sheriff, bailiff, assignee, liquidator or trustee in possession of such timber or product, or cash, notice of the amount due or owing under such lien and charge, and thereupon the sheriff, bailiff, assignee, liquidator or trustee shall pay the amount so due or owing to the Treasurer of Ontario in preference to and in priority over all other fees, charges, liens or claims whatsoever. R.S.O. 1990, c. C.51, s. 24. Proceedings following Seizure of Timber
Order for release from seizure
 25. (1) A person claiming to be the owner of timber or a product manufactured therefrom that has been seized under this Act, upon at least four days notice to the Minister, may apply to a judge of the Ontario Court (General Division) for an order for its release from seizure and its delivery to the person. Order for release and delivery to claimant (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 expenses 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. Order as to ownership (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 Crown charges, or (ii) subject to payment of such Crown charges and expenses as the judge finds to be owing; or (b) declaring the claimant not to be the owner and the bond, if any, forfeited to the Crown. Costs of proceedings (4) The judge shall make such order as he or she considers proper as to the costs of proceedings under this section and the expenses of seizure. Disposal (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 determines. R.S.O. 1990, c. C.51, s. 25. Forest Management
Management plans
 26. (1) Every licensee shall, when required by the Minister, furnish within such period as is fixed by the Minister a management plan, (a) consisting of a report, inventory, maps and an operating plan prepared in conformity with the manual of management plan requirements authorized by the Minister; and (b) prepared under the supervision of a professional forester and certified by the professional forester, in English or French, in the following form: I hereby certify that this plan has been prepared under my personal supervision and that all field work and calculations have been carried out to the best of my skill and judgment in accordance with the manual of management plan requirements. When operating plan to be furnished (2) Every licensee who is not required to submit a management plan under subsection (1) shall, when required by the Minister and within such period as is fixed by the Minister, furnish an operating plan showing the proposed operations and a statement of the purpose for which the timber is to be used. Approval of plans (3) The Minister may approve a management plan or operating plan as submitted or may approve it with such alterations therein as he or she considers advisable. Management of the area according to plan (4) A licensee shall conduct all operations on the licensed area in accordance with the approved management plan or operating plan, as the case may be. Plans not submitted on time (5) Where a licensee fails to furnish a management plan or an operating plan, as the case may be, within the period fixed by the Minister, the Minister may cause the plan to be prepared, and the cost thereof shall be a claim of the Crown in connection with the licensed area. R.S.O. 1990, c. C.51, s. 26.
Information to be furnished annually
 27. (1) Every licensee shall furnish to the Minister, (a) at least thirty days before cutting operations commence in each year, an annual plan for the cutting operations to be conducted by the licensee during the twelve-month period commencing on the 1st day of April in that year; and (b) not later than the 31st day of October in each year a map showing the boundaries and the acreages of the areas cut over and the parts thereof that were not cut during the twelve-month period ending on the 31st day of March of that year together with a statement of the acreages of the areas cut over, the parts thereof that were not cut and the amount, species and size of timber cut from each cutting area during such period. Alteration of plan (2) The Minister may approve an annual plan or may approve it with such alterations as he or she considers advisable, and, where the alterations involve the alteration of an approved management plan or operating plan, the management plan or the operating plan, as the case may be, shall be deemed to be altered accordingly. Cutting operations (3) Cutting operations in each year shall be conducted in accordance with the approved annual plan. Minister may enter into agreements (4) The Minister may enter into an agreement with a licensee for the promotion and maintenance of the productivity of the licensed area by establishing, regenerating and tending forests and employing silvicultural cutting systems to regenerate forests. R.S.O. 1990, c. C.51, s. 27.
Cancellation or variation of licence, etc.
 28. (1) Despite anything in any general or special Act or in any regulation or in any licence or in any management plan or operating plan, the Lieutenant Governor in Council, (a) having regard to reasonable business requirements of the licensee, may cancel or 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 designated by the Lieutenant Governor in Council; and (b) with the consent of the licensee, may cancel or vary any term or condition of a licence. Idem (2) Despite anything in any general or special Act or in any regulation or in any licence or in any management plan or operating plan, the Minister may, (a) limit the cutting of the timber included in any licence in respect of the size, age, quality, species, types and distribution thereof as he or she considers consistent with the best forestry practices; (b) determine the species and quantities of Crown timber that may be cut by any licensee for the manufacture of lumber, pulp, paper or other products; and (c) for the purpose of forest management, watershed protection, fire protection, or the preservation of beauty of landscape, game preserves or game shelters, direct the marking of trees to be left standing or to be cut in any area designated by the Minister, and direct the licensee to pay the cost of such marking. Idem (3) Any action by the Lieutenant Governor in Council under subsection (1) or any action by the Minister under subsection (2) in respect of matters other than fire protection does not affect operations being carried out or to be carried out pursuant to an approved annual plan. R.S.O. 1990, c. C.51, s. 28.
Wasteful practices
 29. No person shall commit wasteful practices in forest operations. R.S.O. 1990, c. C.51, s. 29.
Information to be furnished by licensee
 30. Every licensee shall, when required by the Minister and within the time specified, furnish to the Minister in writing and under oath such information relating to the utilization, transformation or disposal of the timber cut on the licensed area and any products manufactured therefrom as he or she requires. R.S.O. 1990, c. C.51, s. 30.
Non-compliance with ss. 26-30
 31. Where a licensee contravenes any provision of sections 26 to 30 or any order of the Minister made thereunder, the Minister may suspend the operation of the licence in whole or in part for a period not exceeding six months. R.S.O. 1990, c. C.51, s. 31.
Non-compliance with ss. 26-30
 32. Where a licensee contravenes any provision of sections 26 to 30 or any order of the Minister made thereunder, the Lieutenant Governor in Council may, (a) suspend the operation of the licence in whole or in part for such period as the Lieutenant Governor in Council determines; or (b) cancel the licence in whole or in part. R.S.O. 1990, c. C.51, s. 32.
Manual of management plan requirements authorized
 33. The Minister may authorize a manual of management plan requirements prescribing the method of preparing management plans, operating plans, annual plans, and inventories, and the form thereof. R.S.O. 1990, c. C.51, s. 33. Scalers
Boards of examiners, appointment and duties
 34. (1) The Minister may in writing appoint boards of examiners, each consisting of three skilled persons, any two of whom form a quorum, whose duty is, (a) to examine and report upon the ability and knowledge of persons desiring to be licensed to measure all classes of timber; and (b) to perform such other duties as are assigned to them by the Lieutenant Governor in Council. Standard and method of examination (2) The Minister shall determine the standard and method of examination. R.S.O. 1990, c. C.51, s. 34.
Oath of examiners
 35. (1) Every examiner, before entering upon the duties of an examiner, shall take and subscribe an oath in English or French in the following form: I, ....... do swear (or solemnly affirm) that I will act as examiner of scalers to the best of my ability and knowledge, and will conduct the examination without fear, favour or affection and recommend for licences only those persons who have satisfactorily proved their fitness to discharge the duties of measuring timber. So help me God. (omit this phrase in an affirmation). Transmission of oaths (2) The oath shall be transmitted to the Minister. R.S.O. 1990, c. C.51, s. 35.
Remuneration of examiners
 36. The members of boards of examiners shall be paid such remuneration and travelling expenses as are determined by the Lieutenant Governor in Council. R.S.O. 1990, c. C.51, s. 36.
Examinations
 37. (1) Every board of examiners shall sit at such places and on such days as are determined by the Minister, and shall examine all candidates who present themselves, and at the close of the examination, or as soon after as may be, shall transmit to the Minister the names of such of the candidates as they believe are trustworthy and of good character and who on examination have satisfactorily proved their fitness to discharge the duties of measuring all classes of timber or of measuring pulpwood and whom they recommend as having the requisite skill and knowledge to warrant their being licensed as scalers. Examination fee (2) The Minister may determine the amount of the examination fee to be paid by candidates. R.S.O. 1990, c. C.51, s. 37.
Scalers’ licences
 38. (1) The Minister may issue a scaler’s licence to any person who has been recommended by a board of examiners and who has taken the oath prescribed by section 40. Term (2) Every scaler’s licence expires with the 31st day of March of the third year after the 31st day of March that preceded the date of issue. Renewal (3) A scaler’s licence may, upon application to the Minister, be renewed from time to time either before or after the expiration thereof or of the last renewal, and every renewal expires with the 31st day of March of the third year after the 31st day of March that preceded the date of issue, but, where a licence has not been renewed within three years after its expiration or after the expiration of the last renewal, it shall not be further renewed. R.S.O. 1990, c. C.51, s. 38.
Special permits
 39. Where a licensed scaler is not available, the Minister may issue a special permit to anyone whose trustworthiness and skill have been established by the affidavits of two responsible persons. R.S.O. 1990, c. C.51, s. 39.
Scaler’s oath
 40. (1) Before a scaler’s licence or special permit is issued, the applicant shall take an oath in English or French in the following form: I, ....... do swear (or solemnly affirm) that while acting as a licensed scaler (or as holder of a special permit), without fear, favour or affection, and to the best of my judgment and skill, I will measure correctly in accordance with the authorized manual of scaling instructions all Crown timber that I am employed to measure, and make true return of the same to the Ministry of Natural Resources or its officer or agent. So help me God. (omit this phrase in an affirmation). Transmission of oaths (2) The oath shall be transmitted to the Minister. R.S.O. 1990, c. C.51, s. 40.
Manual of scaling instructions authorized
 41. The Minister may authorize a manual of scaling instructions prescribing the method of measuring Crown timber. R.S.O. 1990, c. C.51, s. 41.
Duties of scalers
 42. (1) It is the duty of every licensed scaler or holder of a special permit to measure in accordance with the authorized manual of scaling instructions all Crown timber that the person is employed to measure, making only such deductions as are authorized by the manual, and to enter in a book of record, for the purpose of a return to the Ministry, the contents of the timber or pulpwood measured and the number of logs rejected as culls. Idem (2) It is the duty of every licensed scaler or holder of a special permit to stamp upon every cull the word “cull” or the word “rebut”. R.S.O. 1990, c. C.51, s. 42.
Where timber to be measured
 43. All Crown timber shall be measured by a licensed scaler or a holder of a special permit at the place of cutting or at a concentration point adjacent to the place of cutting, and no Crown timber shall be manufactured or remov*ed from the place of cutting or from the concentration point before being so measured, without the written authority of the Minister. R.S.O. 1990, c. C.51, s. 43.
Measurement of pulpwood
 44. (1) Pulpwood cut in lengths of more than eight feet shall be measured in cubic feet of solid wood and not in stacked cords. Idem (2) Pulpwood cut in lengths of eight feet or less may be measured in cubic feet of solid wood or in stacked cords, as the Minister directs. Idem (3) A licensee who is required or permitted to measure pulpwood in cubic feet of solid wood is entitled to convert 85 cubic feet of solid wood into 128 cubic feet of stacked wood. R.S.O. 1990, c. C.51, s. 44.
Inspection of scalers’ books
 45. Every licensed scaler and every holder of a special permit shall submit their books and records of measurements of Crown timber for the inspection of any officer or agent when called upon so to do, and shall furnish all information and statements or copies of statements that the Minister or any officer or agent requires. R.S.O. 1990, c. C.51, s. 45.
Suspension and cancellation of scalers’ licences and permits
 46. The Minister may suspend or cancel the licence or special permit of any scaler who undermeasures or mismeasures or improperly culls any Crown timber, or makes a false return, or fails to make a return when required. R.S.O. 1990, c. C.51, s. 46. Licensing of Mills
Licence required
 47. (1) No person shall construct, reconstruct or operate a mill, or increase the productive capacity of a mill, or convert an existing mill into a mill of any other type, without a licence from the Minister. Condition precedent to grant of licence (2) A licence under subsection (1) shall not be granted unless the applicant has, in the opinion of the Minister, a sufficient supply of logs or wood-bolts. Effect of licence (3) The granting of a licence under subsection (1) does not imply any obligation on the part of the Minister to make Crown timber available for the mill. R.S.O. 1990, c. C.51, s. 47. Penalties
Acts of Minister deemed administrative
 49. Every thing done by the Minister under the authority of this Act shall be deemed to be of an administrative and not of a legislative nature. R.S.O. 1990, c. C.51, s. 49.
Regulations re Crown charges
 50. Despite anything in this Act or any general or special Act or in any order, regulation, agreement or licence, any regulation made under clause 53 (c) or (d) may be made to come into force on the 1st day of April immediately preceding its filing or on any day subsequent to that 1st day of April. R.S.O. 1990, c. C.51, s. 50.
Determination of Crown dues
 51. Unless otherwise provided in the regulations, the Crown dues to be paid in respect of timber by a licensee or class of licensee are those Crown dues fixed or determined under the regulations in force at the time the timber is measured, even if the timber is cut before the regulations come into force. R.S.O. 1990, c. C.51, s. 51.
Existing licences and permits
 52. (1) Every licence granted under a predecessor of this Act and subsisting when this Act comes into force shall, subject to subsection (2), continue in force in accordance with the terms of the licence. Application of Act and regulations (2) This Act and the regulations apply to every licence heretofore or hereafter granted and, where there is any conflict between this Act or the regulations and any licence, this Act and the regulations govern. R.S.O. 1990, c. C.51, s. 52. Regulations
Regulations may be limited
 54. Any regulation may be limited territorially or as to time or otherwise. R.S.O. 1990, c. C.51, s. 54. ____________________  Français