Crown Forest Sustainability Act, 1994

PART I GENERAL

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, …

3 In this Act, “Crown charges” means all prices, charges, fees, penalties, costs, expenses, interest and fines imposed under this Act or the regulations or under a forest resource licence, a permit or an authorization; (“redevances de la Couronne”) “Crown forest” means a forest ecosystem or part of a forest ecosystem that is on land vested in the Crown in right of Ontario; (“forêt de la Couronne”) “designated purpose” means a purpose designated by the regulations; (“fin désignée”) “First Nation” means a band as defined in the Indian Act (Canada); (“Première Nation”) “forest ecosystem” means an ecosystem in which trees are or are capable of being a major biological component; (“écosystème forestier”) “forest health” means the condition of a forest ecosystem that sustains the ecosystem’s complexity while providing for the needs of the people of Ontario; (“vitalité d’une forêt”) “Forest Inf…

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). Same (1.1) A forest management plan prepared under subsection (1) may apply to one or more management units. 2025, c. 11, Sched. 2, s. 1 (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 or management units to which the plan applies; 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 or management units to which the plan applies. 1994, c. 25, s. 8 (2); 2025, c. 11, Sched. 2, s. 1 (2, 3). Certification (3) A forest management plan shall be certified by a professional forester in accordance with …

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 one or more management units. 1994, c. 25, s. 10 (1); 2025, c. 11, Sched. 2, s. 2. 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). Section Amendments with date in force (d/m/y) 2025, c. 11, Sched. 2, s. 2 - 03/11/2025

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 Planni…

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 one or more management units. 1994, c. 25, s. 17 (1); 2025, c. 11, Sched. 2, s. 3. 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 …

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…

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 cir…

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…

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 se…

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…

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 o…

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 app…

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). S…

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 resour…

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 ha…

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 fac…

41.2 (1) No cause of action arises as a direct or indirect result of, (0.a) a decision of the Minister not to extend a sustainable forest licence under subsection 26 (4) or (4.1); (a) the re-enactment of subsection 28 (1) or anything done or not done in accordance with it or regulations made in respect of it; (0.b) the re-enactment of subsections 26 (2), (4) and (4.1) or anything done or not done under those subsections; (b) the amendment of a forest resource licence or a permit under section 34, 38 or 41.9; (b.1) the termination of a forest resource licence or a permit in respect of land that is the subject of a sale, lease, grant or other disposition of land under subsection 37 (3), and the termination of all rights of the licensee or permittee in respect of the forest resources on the land under that subsection; (c) the granting of a subsequent forest resource licence under section 38…

PART III.1 PERMITS Note: On a day to be named by order of the Lieutenant Governor in Council, the heading to Part III.1 of the Act is repealed and the following substituted: (See: 2025, c. 24, Sched. 8, s. 3)

PART III.1 REMOVAL OF FOREST RESOURCES Note: On a day to be named by order of the Lieutenant Governor in Council, Part III.1 of the Act is amended by adding the following section: (See: 2025, c. 24, Sched. 8, s. 4)

41.2.1 In this Part, “authorizing regulation” means a regulation made for the purposes of clause 41.3 (1) (b). 2025, c. 24, Sched. 8, s. 4. Section Amendments with date in force (d/m/y) 2025, c. 24, Sched. 8, s. 4 - not in force

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. Note: On a day to be named by order of the Lieutenant Governor in Council, section 41.3 of the Act are repealed and the following substituted: (See: 2025, c. 24, Sched. 8, s. 5)

41.3 (1) A person may remove forest resources that are in a Crown forest for the purpose of allowing an activity other than a forest operation to be carried out on the land that requires the forest resources to be removed, (a) in accordance with a permit; or (b) in the circumstances prescribed by, and in accordance with, the regulations, subject to subsection 41.6.1 (3). 2025, c. 24, Sched. 8, s. 5. Exempt from sustainability requirement (2) No decision or action of the Minister under this Part, and no action taken under a permit or in accordance with an authorizing regulation, 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. 2025, c. 24, Sched. 8, s. 5. Forest Management Planning Manual, etc., not applicable (3) Neither the issuance of a permit, nor any action taken under a permit or in accord…

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 i…

41.4 (1) The Minister may, subject to subsections 41.6 (2) and 41.6.1 (2), issue a permit to a person to remove forest resources that are in a Crown forest for the purpose of allowing an activity other than a forest operation to be carried out on the land that requires the forest resources to be removed. 2025, c. 24, Sched. 8, s. 5. Considerations (2) In determining whether to issue a permit, the Minister shall, (a) 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; and (b) consider whether the permit could adversely impact established or asserted aboriginal and treaty rights and whether any consultation with Indigenous communities is required. 2025, c. 24, Sched. 8, s. 5. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 28 - 10/12/2019 2025, c. 24, S…

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 r…

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. Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 41.6 (3) of the Act is amended by adding “Except as otherwise provided by the regulations” at the beginning. (See: 2025, c. 24, Sched.…

41.6.1 (1) This section applies if the person who wishes to remove forest resources for the purpose of allowing an activity to be carried out is required under any of the following Acts to obtain an approval or satisfy conditions or other requirements in order to proceed with the activity: 1. The Aggregate Resources Act. 2. The Environmental Assessment Act. 3. The Impact Assessment Act (Canada). 4. The Lakes and Rivers Improvement Act. 5. The Mining Act. 6. The Public Lands Act. 7. An Act of Ontario or of Canada prescribed by the regulations. 2025, c. 24, Sched. 8, s. 8. Same, permit issuance (2) A permit shall not be issued to the person unless the person has met the requirements referred to in subsection (1) of at least one of the Acts referred to in that subsection. 2025, c. 24, Sched. 8, s. 8. Same, authorizing regulation (3) An authorizing regulation does not apply with respect to t…

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. Note: On a day to be named by order of the Lieutenant Governor in Council, section 41.7 of the Act is amended by adding “or in accordance with an authorizing regulation” after “under a permit”. (See: 2025, c. 24, Sched. 8, s. 9) Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 28 - 10/12/2019 2025, c. 24, Sched. 8, s. 9 - not in force

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. P…

41.8 (1) The Minister may determine, from time to time, the prices, forestry futures charges and forest renewal charges payable by a permittee or person to whom an authorizing regulation applies for the removal of forest resources. 2025, c. 24, Sched. 8, s. 10. Same (2) The prices and charges determined under subsection (1) shall be paid in the amounts, in the manner and within the times required by the Minister. 2025, c. 24, Sched. 8, s. 10. 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. 2025, c. 24, Sched. 8, s. 10. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 28 - 10/12/2019 2025, c. 24, Sched. 8, s. 10 - not in force Note: On a day to be named by order of the Lieutenant Governor in Council, section 41.8 of the Act is repealed and the fol…

41.8.1 (1) Crown charges in respect of the removal of forest resources shall be paid by the permittee or person to whom an authorizing regulation applies whether the resources are removed by the permittee or person or by someone else with or without the permittee or person’s consent. 2025, c. 24, Sched. 8, s. 10. Property in resources, permit (2) On payment by a permittee of all Crown charges referred to in subsection (1), 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 someone else with or without the permittee’s consent. 2025, c. 24, Sched. 8, s. 10. Property in resources, authorizing regulation (3) On payment by a person to whom an authorizing regulation applies of all Crown charges referred to in subsection (1), property in forest…

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: Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 41.13 (1) of the Act is amended by striking out “A permittee who removes forest resources under the authority of a permit” at the beginning and substituting “A person who removes forest resources under a permit or in accordance with an authorizing regulation”. (See: 2025, c. 24, Sched. 8, s. 11 (1)) 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. 1…

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). Note: On a day to be named by order of the Lieutenant Governor in Council, section 44 of the Act is repealed. (See: 2025, c. 11, Sched. 2, s. 4) Section Amendments with date in force (d/m/y) 2025, c. 11, Sched. 2, s. 4 - not in force

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. Species Conservation Act, 2025

47.1 (1) Subsection 16 (1) or (2) of the Species Conservation Act, 2025, as applicable, does not apply to a person who kills, harms, captures, takes, transports or possesses 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. 2025, c. 11, Sched. 11, s. 1 (2). (2) No order shall be issued under section 36, 37 or 38 of the Species Conservation Act, 2025 with respect to a person conducting forest operations in accordance with subsection (1). 2025, c. 11, Sched. 11, s. 1 (2). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 8, s. 3 - 08/12/2020 2025, c. 11, Sched. 11, s. 1 (2) – 30/03/2026

PART V TRUST FUNDS

48 (1) The Forest Renewal Trust is continued under the name Forest Renewal Trust in English and Fonds de reboisement in French. 2019, c. 14, Sched. 15, s. 30 (1). (2) Repealed: 2019, c. 14, Sched. 15, s. 30 (1). Terms of Trust (3) The Trust shall provide for reimbursement of silvicultural expenses incurred after March 31, 1994 in respect of Crown forests in which forest resources have been harvested and for such other matters as may be specified by the Minister, on such terms and conditions as may be specified by the Minister. 1994, c. 25, s. 48 (3). Trustee (4) The Minister may appoint a person who is not employed by the Crown as trustee of the Trust and may provide for the trustee’s remuneration from the funds of the Trust. 1994, c. 25, s. 48 (4). Not part of C.R.F. (5) Money received or held by the Trust shall not form part of the Consolidated Revenue Fund. 1994, c. 25, s. 48 (5). Ass…

49 (1) The holder of a forest resource licence shall pay forest renewal charges to the Minister of Finance in the amounts and within the times required by the Minister of Northern Development, Mines, Natural Resources and Forestry. 1994, c. 25, s. 49 (1); 1996, c. 14, s. 1 (2); 2021, c. 34, Sched. 6, s. 4. Payment to Forest Renewal Trust (2) Despite subsection (1), the Minister of Northern Development, Mines, Natural Resources and Forestry may direct that a licensee who harvests forest resources in an area that is subject to a licence under section 26 shall pay forest renewal charges to the Forest Renewal Trust instead of to the Minister of Finance. 1994, c. 25, s. 49 (2); 2021, c. 34, Sched. 6, s. 4. Section Amendments with date in force (d/m/y) 1996, c. 14, s. 1 (2) - 27/06/1996 2021, c. 34, Sched. 6, s. 4 - 19/04/2022

50 (1) Forest renewal charges received by the Minister of Finance shall be held in a separate account in the Consolidated Revenue Fund if, (a) the charges are received by the Minister of Finance from a licensee who harvests forest resources in an area that is subject to a licence under section 26; or (b) the due date for payment of the charges to the Minister of Finance is April 1, 1995 or later. 1994, c. 25, s. 50 (1). Money in account (2) Money standing to the credit of the separate account is, for the purpose of the Financial Administration Act, money paid to Ontario for a special purpose. 1994, c. 25, s. 50 (2). Payments out of account (3) The Minister of Northern Development, Mines, Natural Resources and Forestry may direct that money be paid out of the separate account, (a) to the Minister of Northern Development, Mines, Natural Resources and Forestry or a person specified by the M…

51 (1) The Forestry Futures Trust is continued under the name Forestry Futures Trust in English and Fonds de réserve forestier in French. 2019, c. 14, Sched. 15, s. 31 (1). (2) Repealed: 2019, c. 14, Sched. 15, s. 31 (1). Terms of Trust (3) The Trust shall provide for the following matters, on such terms and conditions as may be specified by the Minister: 1. The funding of silvicultural expenses in Crown forests where forest resources have been killed or damaged by fire or natural causes. 2. The funding of silvicultural expenses on land that is subject to a forest resource licence, if the licensee becomes insolvent. 3. The funding of intensive stand management and pest control in respect of forest resources in Crown forests. 4. Such other purposes as may be specified by the Minister. 1994, c. 25, s. 51 (3). Trustee (4) The Minister may appoint a person who is not employed by the Crown as…

PART VI FOREST RESOURCE PROCESSING FACILITIES

52 In this Part, “facility” means a forest resource processing facility. 1994, c. 25, s. 52.