First

Session, 51st General Assembly

Charles III, 2026

BILL 13

AN ACT TO AMEND THE

FORESTRY ACT

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE PLEAMAN

FORSEY

Minister of Forestry,

Agriculture and Lands

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Forestry Act to

update references in the Act;

add

definitions;

allow the

minister to suspend a licence or suspend all or a

part of mill operations being carried out under a licence

in the prescribed circumstances;

allow a

person or category of persons authorized by the minister to cancel a licence , suspend a licence or

suspend all or a part of mill operations being carried out under a licence in the prescribed circumstances;

create an

offence where a person operates a mill while the mill licence

is suspended or all or part of the mill operations being carried out under the licence are suspended;

expand the areas of the

province that are subject to the provisions of the Act relating to forest

travel and forest fires;

no longer exclude provincial

parks, municipal parks and private campgrounds from the application of provisions

of the Act relating to forest travel;

expand the areas of the

province that the minister may declare to be a restricted travel area;

modernize notice requirements

to no longer require publication in a newspaper;

remove monetary fines for

offences relating to forest travel and forest fires and authorize penalties for

those offences to be prescribed in the regulations;

expand the areas of the

province for which a permit to burn is required to ignite a fire during the

forest fire season;

clarify that where a permit to

burn is required a person shall

apply to a forestry official for the permit to burn;

authorize the minister to make

regulations respecting the suspension of a permit to burn;

clarify

the circumstances under which a forestry official may cancel a permit to burn;

create an

offence where a person ignites a fire or causes a fire to be ignited on

prescribed land during the forest fire season other than in the prescribed

circumstances;

create an offence where a

person ignites a fire or causes a

fire to be ignited on prescribed land or fails to

extinguish a fire started under a permit to burn after the person's permit to

burn has been suspended or cancelled;

allow the minister to include

all areas of the province in a fire proclamation where the minister considers

it necessary for the purpose of reducing the probability of a fire starting or spreading on prescribed land ;

allow a forestry official to

order a person to leave an area for the purposes of controlling or

extinguishing a fire and create an offence where the person does not comply

with the order;

expand the areas of the

province where persons are required to take prescribed precautions or are

prohibited from carrying out prescribed actions or activities to reduce the

risk of fire;

clarify that the requirement

that a person having charge of a logging camp, mine, mill or garbage dump

located on forest land or within 300 metres of forest land have the area

surrounding the site cleared of flammable material, includes areas where

stockpiles, waste and debris are located;

clarify the obligations of a

person who is carrying out logging or industrial operations where a fire occurs

on prescribed land in the area of the logging or

industrial operations;

clarify that a person who cuts or removes trees from forest land or

engages in an activity that is likely to cause a forest fire during a period other than the forest fire season is required to

obtain an operating permit where required by the regulations;

allow a forestry official to include

in the regulations ;

allow a forestry official to

amend an operating permit;

remove the authority in the Act

to temporarily suspend an operating permit where the fire weather index is high

to extreme and authorize the minister to make regulations respecting the

suspension and reinstatement of an operating permit;

expand the areas of the

province in respect of which a forestry official may seize anything that may

assist in determining the cause of a fire in the area;

add regulation making authority;

create an offence where a

person recklessly or negligently starts a forest fire; and

clarify the grounds on which a

forestry official may require a person who is engaging in an activity that

requires a permit or licence to provide the permit or licence for inspection.

A BILL

AN ACT TO AMEND THE FORESTRY ACT

Analysis

S.2 Amdt .

Definitions

S.38 Amdt .

Regulations

S.43 Amdt .

Order

re: managed land

S.58 Amdt .

Appeal

board

5. S.59 Amdt .

Appeal to board

S.60 R&S

Appeal

to Supreme Court

7. S.61 Amdt .

Ministers to give effect to orders

S.66 Amdt .

Issue

of tax certificate

9. S.81 R&S

Cancellation

or suspension of licence

S.85 Amdt .

Offence

11. S.90 Amdt .

Use of

pesticide

S.92 R&S

Application

of Division

S.93 Amdt .

Forest

travel

14. S.94 Amdt .

Forest travel permit

S.96 R&S

Offence

16. S.97 Amdt .

Fire season

S.98 R&S

Permit

to burn

18. S.99 R&S

Fire

proclamation

19. S.100 R&S

Where

forest fire occurs

S.101 R&S

Prohibitions

and required safety measures

21. S.102 R&S

Woods

operation

22. S.103 Amdt .

Where

fire hazard exists

S.105 R&S

Operating

permit

S.106 Amdt .

Provincial

emergency

S.108.1 R&S

Seizure

permitted

S.109 Amdt .

Regulations

27. S.109.1 Added

Lieutenant-Governor

in Council regulations

28. S.110 R&S

Offence

29. S.111 Amdt .

Priority

of this Division

30. S.147 Amdt .

Cutting

trees near a highway

31. S.149 R&S

Powers

of peace officer

32. S.151 R&S

Forestry

official may request permit or licence be provided

33. S.153 Amdt .

Offence

and penalty

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cF-23

as amended

(1) Subparagraph 2(b)(ii) of the Forestry Act is amended by deleting the reference

"section 88 of the Crown Lands Act " and substituting the

reference "section 55 of the Lands Act ".

(2) Subparagraph 2(b)(iii) of the Act is amended

by deleting the reference " Abandoned Lands Act " and

substituting the reference " Lands Act ".

(3) Section 2 of the Act is amended by adding

immediately after paragraph (

f) the following:

(f.01) "flammable vegetation" means living

or dead plant material that may

(

i) easily ignite,

(ii) sustain

combustion , and

(iii) enable the spread of fire;

(4) Paragraph 2(f.1) of the Act is amended by

deleting the words "within the meaning of the Works, Services and

Transportation Act and the Highway Traffic Act ".

(5) Section 2 of the Act is amended by renumbering

paragraph (k.2) as paragraph (k.4) and adding immediately before that paragraph

the following:

(k.2) "highway" means highway as defined

in the Highway Traffic Act ;

(k.3) "industrial operation" means an operation on forest land or within 300 metres of forest land involving the use of machinery or

equipment, whether in a building or in the open;

(6) Section

2 of the Act is amended by adding immediately after paragraph (k.4) the

following:

(k.5) "mill waste" means bark, sawdust,

wood chips, planer shavings, slabs and trim ends;

(7) Section 2 of the Act is amended by adding

immediately after paragraph (

p) the following:

(p.1) "roadway" means roadway as defined

in the Highway Traffic Act ;

2. Paragraph 38(

r) of the Act is amended by

deleting the word "Act" and substituting the word "Part".

3. Subsection 43(5) of the Act is amended by

deleting the reference "Minister of Forestry and Agriculture" and

substituting the reference "minister".

4. Subsection 58(5) of the Act is amended by

deleting the reference " Public Inquiries Act " and substituting

the reference " Public Inquiries Act, 2006 ".

Section 59 of the Act is amended by deleting

the words "Trial Division" wherever they appear and substituting the

words "Supreme Court".

Section 60 of the Act is repealed and the

following substituted:

Appeal to Supreme

Court

60 .

(1) An appeal lies from the decision of the board

under

section 48 or 59 to the Supreme Court on a point of law raised upon the

hearing of the appeal before the board.

(2) The

Supreme Court may award costs in an appeal under subsection (1) for or against

the Crown and may fix the amount of those costs.

Section 61 of the Act is amended by deleting

the words "Trial Division" and substituting the words "Supreme

Court".

8. Subsection

66(2) of the Act is amended by deleting the words "Trial Division"

and substituting the words "Supreme Court".

Section 81 of the Act is repealed and the

following substituted:

Cancellation or

suspension of licence

81 . The minister, or a person or category of

persons authorized by the minister, may cancel a licence ,

suspend a licence or suspend all or a part of mill

operations being carried out under a licence where

the minister or the person authorized by the minister is of the opinion that

the operation of the mill in respect of which the licence

was issued is

(

a) not

in compliance with a term or condition of the licence ;

(

b) not

in compliance with a provision of this Part or the regulations.

Section 85 of the Act is amended by deleting

the word "or" at the end of paragraph (

a) and adding immediately

after paragraph (

a) the following:

(a.1) a mill while the mill licence is suspended or

all or part of the mill operations being carried out under the licence are

suspended; or

Section 90 of the Act is amended by deleting

the reference " Pesticides Control Act " and substituting the

reference " Environmental Protection Act ".

Section 92 of the Act is repealed and the

following substituted:

Application of

Division

(1) Notwithstanding

another statute or law or a grant, lease, licence or other right granted, given

or reserved to a person under

an Act, this Division applies to the following

land within the jurisdiction of the province:

(

a) all forest land;

(

b) all land within 300 metres of forest land; and

(

c) all land that contains flammable vegetation.

(2) Notwithstanding subsection (1), this Division

does not apply to

(

a) a roadway; or

(

b) persons who are required to be in a restricted

area in the course of their duty under a law of the province.

13. (1) Subsection 93(1) of the Act is repealed and

the following substituted:

Forest travel

(1) The

minister may, by order, declare an area of land referred to in subsection 92(1)

to be a

restricted travel area for the period set out in the order for one or both of

the following purposes:

(

a) reducing the probability of a fire starting or

spreading on land referred to in the order during periods of elevated forest

fire risk; and

(

b) restricting entry on land referred to in the

order immediately before, during and immediately after the lands are sprayed by

insecticides or herbicides.

(2) Paragraph 93(5)(

c) of the Act is repealed and

the following substituted:

(

c) exempt from the operation of the order an area

of land or a class of land specified in the order.

(3) Subsection 93(6) of the Act is repealed and

the following substituted:

(6) The

minister may make different orders in respect of

(

a) different

lands referred to in subsection (1); or

(

b) the

same lands referred to in subsection (1) for different times.

(4) Subsection 93(8) of the Act is repealed and

the following substituted:

(8) A

copy of an order published by the department shall be evidence in court of the

publication and the content of the order without further proof of the matter.

14. Subsection 94(4) of the Act is repealed and the

following substituted:

(4) The

minister may cancel a permit under subsection (3) by publishing a notice in the

manner that the minister considers will give it the most prompt and adequate

publicity.

Section 96 of the Act is repealed and the

following substituted:

Offence

96. A person who violates or fails to comply with a

provision of this Division, a provision of an order or permit or a condition

attached to that order or permit is guilty of an offence and liable on

summary

conviction to a penalty prescribed in the regulations.

16. Subsection 97(4) of the Act is repealed and the

following substituted:

(4) A

copy of an order published by the department shall be evidence in court of the

publication and the content of the order without further proof of the matter.

Section 98 of the Act is repealed and the

following substituted:

Permit to burn

(1) During the forest fire season, no person shall ignite

a fire or cause a fire to be ignited on land referred to in subsection 92(1) except

in accordance with

(a) subsection

(2);

(

b) a

permit to burn issued under subsection (4); or

(

c) the

regulations.

(2) A

person may ignite a fire or cause a fire to be ignited on land referred to in

subsection 92(1) under the circumstances set out in an order made under

section

(3) A

person who wishes to ignite a fire or cause a fire to be ignited on land

referred to in subsection 92(1) during the forest fire season shall apply to a

forestry official for a permit to burn.

(4) A

forestry official may issue a permit to burn to a person who applies under

(5) A permit to burn may

be suspended in accordance with the regulations and where suspended, the permit

holder shall not ignite a fire or cause a fire to be ignited on land

referred to in subsection 92(1) and shall extinguish

a fire that was started under the permit to burn.

(6) A

permit to burn may be cancelled by a forestry official for a contravention of

this Division, the regulations or a term or condition of the permit to burn and

where cancelled, the permit holder shall not ignite a fire or cause a fire to

be ignited on land referred to in subsection 92(1) and shall extinguish a fire that

was started under the permit to burn.

(7) The

holder of a permit to burn who ignites or causes a fire to be ignited shall

take every reasonable precaution to prevent the fire from spreading and shall

not leave the fire unattended until it is extinguished.

(8) The

possession of a permit to burn does not discharge the person to whom it is

issued from responsibility for damage resulting from a fire lit by that person.

(9) The holder of a permit to burn shall keep a copy of the permit on the site where the

burning is taking place.

(10) A person who fails to comply with subsection

(1), (5) or (6) is guilty of an offence and is liable on

summary conviction to

a penalty prescribed in the regulations.

Section 99 of the Act is repealed and the

following substituted:

Fire proclamation

(1) Notwithstanding

the other provisions of this Division, the minister may, whenever the minister

considers it necessary for the purpose of reducing the probability of a fire starting or spreading on land

referred to in subsection 92(1) , by proclamation,

prohibit the setting of fires for any purpose in any part of the province

during the period specified in the proclamation except under the conditions

specified in the proclamation.

(2) Where a proclamation is made under subsection

(1), a person shall not, except in accordance with the proclamation, ignite,

maintain or make use of a fire, or cause a fire to be ignited, maintained or

used, during the period specified in the proclamation.

(3) Notice of a proclamation issued under this

section may be given in a manner that the minister considers will give it the

most prompt and adequate publicity.

(4) A copy of a proclamation published by the

department shall be evidence in court of the publication and the content of the

proclamation without further proof of the matter.

(5) A person who fails to comply with subsection

(2) is guilty of an offence and is liable on

summary conviction to a penalty

prescribed in the regulations.

Section 100 of the Act is repealed and the

following substituted:

Where forest fire

occurs

(1) For the purpose of controlling and

extinguishing a fire on land referred to in subsection 92(1), a forestry

official may, where the forestry official determines there is a risk of the

fire spreading to forest land, do one or more of the following:

(

a) requisition

the use of privately owned equipment;

(

b) order

persons to provide reasonable assistance to a forestry official; and

(

c) order persons to leave an area that is

affected by or may be affected by a forest fire.

(2) The minister may set

(

a) the rate of pay for persons fighting a fire on

land referred to in subsection

92(1); and

(

b) the compensation for the use of privately

owned equipment used by the department.

(3) A person shall not refuse to

(

a) allow the use of the person's equipment

requisitioned by a forestry official under paragraph (1)(a);

(

b) follow an order of a forestry official under paragraph

(1)(

b) to provide reasonable

assistance to the forestry official ; or

(

c) follow an order of a forestry official under

paragraph (1)(

c) to leave an area that is affected by or may be affected by a

forest fire.

(4) A

person who is aware that a forest fire has started and exists on forest land shall

immediately notify a forestry official or the department.

(5) A

person who fails to comply with subsection (3) or (4) is guilty of an offence

and is liable on

summary conviction to a penalty prescribed in

the regulations .

Section 101 of the Act is repealed and the

following substituted:

Prohibitions and

required safety measures

(1) A

person who is on land referred to in subsection 92(1) during the forest fire

season shall not throw, drop or otherwise deposit a burning match, cigarette,

cigar or other smoking material, live coals, hot ashes or other burning

substances or fail to extinguish such a thing.

(2) Where a person is permitted to ignite a fire

by this Division, that person shall take every reasonable effort to prevent the

fire from spreading and shall not leave the fire unattended until the fire is

completely extinguished.

(3) A person in charge of a forestry operation or

other activity conducted on land referred to in subsection 92(1) shall provide

and maintain the fire fighting equipment that is required by the regulations at

the place of the forestry operation or other activity.

(4) No person shall, o n

forest land or within 300 metres of forest land, operate a burner,

engine, incinerator or other spark emitting outlet that

is not provided with an adequate device for arresting sparks.

(5) No person shall refuel or leave unattended a

power saw or like equipment on land referred to in subsection 92(1) unless the

equipment has cooled to the point where it is unlikely to cause a fire or has

been put in a place where it is unlikely to start a fire.

(6) No person shall store or transport gasoline,

fuel oil or a similar volatile flammable substance on forest land in a

container that is not listed and labelled by a

national testing laboratory recognized by the fire commissioner .

(7) During the forest fire season, a person in

charge of a group of persons entering land referred to in subsection 92(1) shall

ensure that the person and all persons under that person's charge are fully

informed of the provisions of this Division and the regulations pertaining to

forest fire protection.

(8) A person who fails to comply with subsection

(1), (4), (5) or (6) is guilty of an offence and is liable on

summary

conviction to a penalty prescribed in the regulations.

Section 102 of the Act is repealed and the

following substituted:

Woods operation

(1) A person having charge of a logging camp, mine,

mill or garbage dump located on forest land or within 300 metres

of forest land s hall have the area surrounding the site, including areas where

stockpiles, waste and debris are located, cleared of flammable material for a

distance of at least 30 metres or the distance that

may be required by a forestry official.

(2) An

owner, operator or person in charge of a mill who ignites a fire or allows a

fire to be ignited in mill waste or refuse on the premises shall not leave the

fire unattended except with the approval of a forestry official.

(3) Where

a fire is burning or starts on forest land where a forestry operation or other

activity is being carried on, the person in charge of the operation or activity

shall take immediate action to control and extinguish the fire and for that

purpose shall employ at that person's expense the necessary personnel and

equipment.

(4) Where

a fire occurs on land referred to in subsection 92(1) in an area where logging or

industrial operations are being carried out, the person carrying out the

operations shall immediately

(

a) notify

the nearest forest management district office or forestry official; and

(

b) commence

fighting the fire with all labour , materials,

equipment and facilities at the person's disposal until relieved of this

responsibility by a forestry official or the fire is extinguished.

(5) A person who fails to comply with this

section

is guilty of an offence and is liable on

summary conviction to a penalty

prescribed in the regulations.

22. Subsection 103(2) of the Act is amended by

deleting the words "forestry officer" and substituting the words

"forestry official".

Section 105 of the Act is repealed and the

following substituted:

Operating permit

(1) During the forest fire season, a person shall

not cut or remove trees from forest land or engage in an activity that is

likely to cause a forest fire unless the person

(

a) obtains

an operating permit from a forestry official; or

(

b) satisfies an exception that may be prescribed

in the regulations.

(2) During a period other than the forest fire

season, a person shall, where required by the regulations, obtain an operating

permit from a forestry official to cut

or remove trees from forest land or engage in an activity that is likely to

cause a forest fire.

permit.

(4) A

forestry official may, where the forestry official determines it necessary,

amend an operating permit.

(5) An

operating permit may be suspended or reinstated in accordance with the

regulations.

(6) An

operating permit may be cancelled by a forestry official for a contravention of

this Division, the regulations or a term or condition of the operating permit.

(7) A person who fails to comply with subsection

(1) or (2) is guilty of an offence

and liable on

summary conviction to a penalty prescribed in the regulations.

(8) A

person who continues to cut or remove trees or continues to engage in an

activity that is likely to cause a forest fire after an operating permit has

been suspended or cancelled is guilty of an offence and liable on

summary

conviction to a penalty prescribed in the regulations for every day or part of

a day that person continues in violation of the notice of suspension or cancellation.

Section 106 of the Act is amended by deleting

the word "wild" wherever it appears and substituting the word

"forest".

Section 108.1 of the Act is repealed and the

following substituted:

Seizure permitted

108 .1 Where a fire has started, or was started and

has been extinguished, on land referred to in subsection 92(1), a forestry

official may, where the forestry official believes on reasonable and probable

grounds that an offence has been committed, seize anything that the forestry

official considers to be evidence of, or of assistance in the determination of,

the cause of that fire.

26. Subsection 109(1) of the Act is amended by

adding immediately after paragraph (

f) the following:

(f.1) respecting the suspension of a permit to burn;

(f.2) prescribing exceptions for the purpose of

paragraph 105(1)(b);

(f.3) prescribing circumstances for the purpose of

subsection 105(2);

(f.4) prescribing

(f.5) respecting the suspension and reinstatement of

an operating permit;

27. The Act is amended by adding immediately after

section 109 the following:

Lieutenant-Governor

in Council regulations

109.1 The

Lieutenant-Governor in Council may make regulations

(

a) prescribing

the penalties to be imposed for contravening this Part;

and

(

b) respecting

the contravention of sections of this Part and the regulations for which

proceedings may be commenced in the form of a ticket under the Provincial

Offences Act and regulations and the penalties associated with

those contraventions.

Section 110 of the Act is repealed and the

following substituted:

Offence

110 . Notwithstanding the other provisions of this

Division, a person who

(

a) deliberately

starts a forest fire; or

(

b) recklessly or negligently starts a forest fire

is guilty of an offence and liable on

summary conviction to a penalty

prescribed in the regulations.

Section 111 of the Act is amended by deleting

the reference " Municipalities Act " and substituting the

reference " Towns and Local Service Districts Act ".

30. Subsection 147(2) of the Act is amended by

deleting the words " as

defined in the Department of Works, Services and Transportation Act " .

Section 149 of the Act is repealed and the

following substituted:

Powers of peace

officer

149. A forestry official has the powers of a peace

officer under the Criminal Code for the purpose of enforcing this Act or the

regulations.

Section 151 of the Act is repealed and the

following substituted:

Forestry official

may request permit or licence be provided

151. A forestry official may, where the forestry

official believes on reasonable and probable grounds that a person is engaged

in an activity for which a permit or licence is

required, request that the person provide the permit or licence

for inspection and, where requested, the person shall provide the permit or licence to the forestry official.

Section 153 of the Act is amended by

(

a) deleting the reference "

Summary

Proceedings Act " and substituting the reference " Provincial

Offences Act "; and

(

b) deleting the reference "Minister of

Justice" wherever it appears and substituting the reference "Minister

of Justice and Public Safety".

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