Forestry Act

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Sections38

• 1Definitions

  1 (1) In this Act, “forest tree pest” means any vertebrate or invertebrate animal or any virus, fungus, or bacterium or other organism that is injurious to trees commonly found growing in a forest or windbreak or the products from such trees; (“parasites d’arbres forestiers”) “forestry purposes” includes the production of wood and wood products, provision of proper environmental conditions for wild life, protection against floods and erosion, recreation, and protection and production of water supplies; (“fins forestières”) “good forestry practices” means the proper implementation of harvest, renewal and maintenance activities known to be appropriate for the forest and environmental conditions under which they are being applied and that minimize detriments to forest values including significant ecosystems, important fish and wildlife habitat, soil and water quality and quantity, forest pr…

• 1.
• 2Agreements re forestry development

  2 (1) The Minister may enter into agreements with owners of land suitable for forestry purposes that provide for the management or improvement of the land for these purposes upon such conditions as the Minister considers proper. 1998, c. 18, Sched. I, s. 20. Grants (2) The Minister may make grants of the sums provided for in the agreement, on such conditions as the Minister considers appropriate, out of the money appropriated by the Legislature to any conservation authority or municipality for the purpose of assisting it in the acquisition of land that is suitable for forestry purposes and that is to be managed under an agreement. 1998, c. 18, Sched. I, s. 20. Forestry purposes only (3) A conservation authority or municipality that has entered into an agreement under subsection (1) or a predecessor provision shall not, without the approval of the Minister, use any land in respect of whic…

• 2.
• 3Registration of agreements

  3 The Minister may direct that an agreement entered into under section 2 shall be registered by the owner of the land in respect of which the agreement is made in the proper land registry office, and thereupon such agreement is binding upon and inures to the benefit of every successor-in-title to such owner during the term of the agreement. R.S.O. 1990, c. F.26, s. 3.

• 3.
• 4Woodlands improvement agreements

  4 An Agreement made under the Woodlands Improvement Act shall be deemed to be an agreement made under section 2. 1998, c. 18, Sched. I, s. 21. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 21 - 18/12/1998

• 4.
• 5Programs

  5 The Minister may establish programs to protect, manage or establish woodlands and to encourage forestry that is consistent with good forestry practices. 2002, c. 17, Sched. C, s. 12 (2). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 4 (3) - 06/12/2000 2002, c. 17, Sched. C, s. 12 (2) - 01/01/2003

• 5.
• 6Nursery stock

  6 No person shall, directly or indirectly, sell or offer for sale or dispose of by gift or otherwise any nursery stock furnished by the Ministry under this Act. 1998, c. 18, Sched. I, s. 21. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 21 - 18/12/1998

• 6.
• 7Control measures

  7 If, in the opinion of the Minister, the control of an infestation on any land is in the public interest, the Minister may direct an officer to enter upon the land and, at the expense of the Crown, take such measures to prevent, retard, suppress, eradicate or destroy the infestation as the officer considers advisable. 1998, c. 18, Sched. I, s. 21. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 21 - 18/12/1998

• 7.
• 8Powers of entry

  8 An officer, with or without the consent of the owner, may enter upon any land between sunrise and sunset to inspect the land and its trees and forest products for infestation and to survey and examine the timber and other natural resources on the land in order to determine the suitability of the land for forestry purposes. 1998, c. 18, Sched. I, s. 21. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 21 - 18/12/1998

• 8.
• 9Obstruction of officers

  9 No person shall obstruct an officer in the performance of his or her duty. 1998, c. 18, Sched. I, s. 21. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 21 - 18/12/1998

• 9.
• 10Boundary trees

  10 (1) An owner of land may, with the consent of the owner of adjoining land, plant trees on the boundary between the two lands. 1998, c. 18, Sched. I, s. 21. Trees common property (2) Every tree whose trunk is growing on the boundary between adjoining lands is the common property of the owners of the adjoining lands. 1998, c. 18, Sched. I, s. 21. Offence (3) Every person who injures or destroys a tree growing on the boundary between adjoining lands without the consent of the land owners is guilty of an offence under this Act. 1998, c. 18, Sched. I, s. 21. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 21 - 18/12/1998

• 10.
• 11By-laws for acquiring lands for forestry purposes

  11 (1) The council of a municipality may pass by-laws, (a) for acquiring by purchase, lease or otherwise, land for forestry purposes; (b) for declaring land that is owned by the municipality to be required by the municipality for forestry purposes; (c) for planting and protecting trees on any land acquired for or declared to be required for forestry purposes; (d) for the management of any land acquired for or declared to be required for forestry purposes and the sale or other disposition of the trees thereon; (e) for issuing debentures, without the assent of the electors, for the purpose of purchasing land for forestry purposes to an amount not exceeding the amount prescribed by the Minister to be owing at any one time; (f) for entering into agreements for the management of any land acquired for or declared to be required for forestry purposes; (g) for leasing, selling or otherwise dispo…

• 11.
• 12Agreements for forestry purposes

  12 (1) The council of any municipality may enter into agreements with the owners of land located in the municipality providing for, (a) the reforestation of portions of the land; (b) the entry and planting of trees upon such portions by the employees or agents of the council; and (c) the fencing of the portions and conservation of all growing trees thereon by the owner. 2002, c. 17, Sched. C, s. 12 (4). Acreage (2) No agreement shall provide for the reforestation of less than five acres of land for every 100 acres belonging to the same owner. 2002, c. 17, Sched. C, s. 12 (4). Cutting (3) Every agreement shall prescribe the conditions under which the cutting of timber upon the portions may be carried out. 2002, c. 17, Sched. C, s. 12 (4). Exemption from taxation (4) The council of the municipality may exempt any portion from general taxation as long as it continues to be used for the purp…

• 12.
• 13Evidence in prosecutions

  13 In any prosecution under this Act, (a) a copy of an instrument certified under section 17 of the Registry Act or a certificate of search issued under section 117 of the Land Titles Act is admissible in evidence as proof, in the absence of evidence to the contrary, of the matters therein contained; and (b) a certificate of the Minister or Deputy Minister of Natural Resources in respect of the right, title and interest of the Crown in any trees on any land is admissible in evidence as proof, in the absence of evidence to the contrary, of the matters therein contained. 1998, c. 18, Sched. I, s. 21. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 21 - 18/12/1998

• 13.
• 14-17

  14-17 Repealed: 2002, c. 17, Sched. C, s. 12 (4). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. C, s. 12 (4) - 01/01/2003

• 14.
• 15.
• 18Repealed

  18 Repealed: 2009, c. 33, Sched. 22, s. 4 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 21 - 18/12/1998 2009, c. 33, Sched. 22, s. 4 (2) - 15/12/2009

• 16.
• 19Offence

  19 (1) Every person who, (a) contravenes a provision of this Act; (b) alone or through any other person, contravenes any provision of a by-law passed under this Act, or a predecessor of this Act; (c) obstructs or interferes with an officer or any person acting under the officer’s instructions, in the discharge of his or her duties; or (d) fails, without just cause, to comply with an order made under subsection (2),

• [s16]

  is guilty of an offence and on conviction is liable to a fine of not more than $20,000 or to imprisonment for a term of not more than three months, or to both. 1998, c. 18, Sched. I, s. 21; 2002, c. 17, Sched. C, s. 12 (5). Replanting (2) If a person is convicted of an offence under clause (1) (b), the court shall consider all evidence given in respect of the necessity of replanting the area on which trees have been destroyed and may order the owner of the area to, (a) replant the trees, in the manner and within the time that the court considers appropriate; and (b) adequately maintain the replanted trees in the manner the court considers proper. 1998, c. 18, Sched. I, s. 21. Where inconsistent penalties (3) The penalty set out in subsection (1) applies despite any lower penalty set out in a by-law. 1998, c. 18, Sched. I, s. 21. Section Amendments with date in force (d/m/y) 1998, c. 18, …

• 17.
• 18.
• 20Repealed

  20 Repealed: 2002, c. 17, Sched. C, s. 12 (6). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. C, s. 12 (6) - 01/01/2003 ______________

• 19.
• 20.