BILL 62

An Act to Amend the Crown Lands and Forests Act

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

1 Section 56.5 of the Crown Lands and Forests Act, chapter C-38.1 of the Acts of New Brunswick, 1980, is amended

(a) by repealing subsection (7) and substituting the following:

56.5(7) Where an application under subsection (6) has been heard, the judge may order the return of the thing seized to the person who made the application and may require the person to post or deposit with the court a bond or other security in such amount as the judge considers appropriate.

(b) by repealing paragraph (9)(b) and substituting the following:

(b) the judge may, in addition to any other penalty imposed,

(i) order any bond or other security posted or deposited with the court be forfeited to the Minister, or

(ii) order any thing seized under this Act or the Provincial Offences Procedure Act that has not been returned under this section be forfeited to the Minister.

(c) by adding after subsection (9) the following:

56.5(9.1) Upon the making of an order under paragraph(9)(b), the bond or other security, or the thing seized under this Act or the Provincial Offences Procedure Act, is forfeited to the Minister and the Minister may, not sooner than thirty days after the date of the conviction, realize upon the bond or other security or dispose of the thing by public auction or in such manner and at such time as the Minister sees fit.

2 Section 67 of the Act is amended by adding after subsection 67(2) the following:

67(2.1) Notwithstanding subsection 56(8) of the Provincial Offences Procedure Act, and subject to subsection (2.2), the minimum fine that may be imposed by a judge under that Act in respect of a violation under subsection (1) shall be five hundred dollars.

67(2.2) Where a judge is satisfied that an offence under subsection (1) was committed for financial advantage, the minimum fine that may be imposed by the judge under the Provincial Offences Procedure Act in respect of a violation under subsection (1) shall be five thousand dollars.

3 The Act is amended by adding after section 67 the following:

67.01(1) A judge who imposes a fine on a person under section 67 may, in addition to any other penalty provided by law, make an order prohibiting the person from entering upon or being upon Crown Lands or on any part of Crown Lands for such period of time as the judge considers appropriate.

67.01(2) A person who violates or fails to comply with an order under subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.

67.02(1) Subject to subsection (2), where a person is convicted of an offence under subsection 67(1), the Minister shall not sell timber or the right to cut timber on Crown Lands under subsection 56(1) to the person for a period of one year after the date of the conviction.

67.02(2) Where a person is fined five thousand dollars or more in respect of an offence under subsection 67(1), the Minister shall not sell timber or the right to cut timber on Crown Lands under subsection 56(1) to the person for a period of five years after the date of the conviction.

67.02(3) Where the Minister is prohibited from selling timber or the right to cut timber on Crown Lands to a person under subsection (1) or (2) and the person is convicted of any offence under this Act or the regulations during the period described in subsection (1) or (2), as the case may be, the period during which the Minister shall not sell timber or the right to cut timber on Crown Lands under subsection 56(1) to the person is extended

(a) for an additional five years, in the case where the conviction occurred during the period described in subsection (1), and

(b) for the lifetime of the person, in the case where the conviction occurred during the period described in subsection (2).

67.02(4) Where ten years have elapsed from the date of the second conviction of a person referred to in paragraph (3)(b), the person may apply to the Minister requesting a review of the circumstances of the case, and the Minister may, on receipt of the application, review the circumstances of the case and remove the bar imposed by paragraph (3)(b).

4 The Act is amended by adding after section 67.02 the following:

67.03(1) Except as authorized by the Minister, no person shall have in his or her possession on Crown Lands, any vehicle or equipment that is designed primarily for the cutting, felling, bunching, extracting, delimbing, loading or removal of timber or for performing any other similar function with respect to timber.

67.03(2) Subsection (1) does not apply to a hand saw, chain saw or other handheld equipment.

67.03(3) A person who violates or fails to comply with subsection (1) commits an offence under Part II of the Provincial Offences Procedure Act as a category H offence.

5 Section 95 of the Act is amended by adding after paragraph (cc) the following:

(cc.1) prescribing offences under the regulations;

6 The Act is amended by adding after section 95 the following:

95.1 Any person who violates or fails to comply with a provision of the regulations that is stated to be an offence, commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.

7 Section 4 of this Act comes into force on a day to be fixed by proclamation.