Legislative Assembly of New Brunswick
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+++ An Act to Amend the Crown Lands and Forest Act

Legislature :
55
Session :
1
Bill No. :
17
Member :
Hon. Mr. Ashfield
First Reading :
2003-12-9
Second Reading :
Committee of the Whole :
Amended :
Third Reading :
Royal Assent :
Download PDF :
Bill 17

Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                           Section 1 of the Crown Lands and Forests Act, chapter C-38.1 of the Acts of New Brunswick, 1980, is amended by adding the following definition in alphabetical order:



"harvesting permit" means a harvesting permit issued under section 26.2;



2                           Subsection 3(1) of the Act is amended in the portion preceding paragraph (a) by adding ", conservation" after "protection".



3                           The Act is amended by adding after section 26.1 the following:



ABORIGINAL TIMBER HARVESTING

26.2(1)          The Minister may, in his or her discretion, in order to accommodate the exercise of aboriginal and treaty rights, authorize access to or use of Crown Lands



(a)               by issuing or authorizing to be issued harvesting permits to harvest and remove timber, or



(b)               by entering into an agreement, with the approval of the Lieutenant-Governor in Council, for the access to or use of Crown Lands, for the harvesting or removal of timber from Crown Lands or for any other matter related to the exercise of aboriginal and treaty rights.



26.2(2)          Unless he or she can justify otherwise, the Minister, in exercising his or her authority under this section, shall not abrogate or derogate from any aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.



4                           Section 95 of the Act is amended



(a)               in subsection (1) by adding after paragraph (f) the following:



(f.01)         respecting access to or use of Crown Lands in order to accommodate the exercise of aboriginal and treaty rights for the purposes of section 26.2;



(f.02)         respecting harvesting permits or classes of harvesting permits;



(f.03)         respecting the application for, issuance, holding, amending, cancellation or renewal of harvesting permits;



(f.04)         respecting the terms and conditions upon which harvesting permits may be issued, held, amended, cancelled or renewed;



(f.05)         authorizing the Minister to impose such terms and conditions as the Minister considers necessary on the issuance, holding, amending, cancellation or renewal of harvesting permits;



(f.06)         respecting the provision of reports or management plans by holders of harvesting permits;



(b)               by adding after subsection (2) the following:



95(3)               The terms and conditions in a regulation made under paragraph (1)(f.04) may vary for different persons, groups of persons or classes of harvesting permits.



EXPLANATORY NOTES



Section 1



A definition is added.



Section 2



The existing provision is as follows:



3(1)                   The Minister is responsible in accordance with this Act and the regulations for the development, utilization, protection and integrated management of the resources of Crown Lands, including



(a)               access to and travel on Crown Lands,



(b)               harvesting and renewal of timber resources on Crown Lands,



(c)                habitat for the maintenance of fish and wildlife populations,



(d)               forest recreation on Crown Lands,



(e)                rehabilitation of Crown Lands, and



(f)                other matters that may be assigned under this Act or the regulations.



Section 3



New provisions.



Section 4



(a)               Additional regulation-making powers are added.



(b)               New provision.

 

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