Bill 115 (Legislature 11, Session 1)

L11 S1 7237

Alberta — Bills

Bill N<>. 115 of 1949. A BILL RELATING TO THE ADMINISTRATION OF FORESTS~ PROVINCIAL PARKS AND CERTAIN PUBLIC LANDS. NOTE. This Bill enacts a new Act to be known as "The Forests a,1fJ.d Pa'rks Act". This new Act contains aU provisions relating to disposi t.ion of timber and timber berths" prevention ~f forest and prairie fires and the establishment and administration of provincial parks.. The provisions relating to the disposition of timber and timber berths were formerly contained in The Provincial Lands Act.

The provisions relating to the prevention of forest and prairie fires were formerly con tained in The Forest and Prairie Fi1'es Prevention Act which is repealed by this new Act. The provisions relating to pro vineial parks were formerly contained in The Provincial Parks and Protected A reas Act whieh is also repealed by this Act. This Bill consolidates into one Act all of the legislation whleh will be administered by the Director of the Forests and Parks Division of the new Department of Lands and Forests. The new Act is divided into four Parts.

Part I deals with administration,

Part II with dispo.sition of timber,

Part III with prevention of forest and prairie fires and

Part IV with provincial parks.

Part I of the new Act deals with its administration. Sec tions 5 to 7 provide that the administration of all matters relating to forests and parks shall be under the jurisdietion of a Division of the Department of Lands and Forests to be known as the Forests and Parks Division. The Director is the head of the Forests and Parks Division and he supervises the work of timber cruisers, timber inspectors, forest ofticers1 and other officers and employees of the Division.

Part II deals with disposition of timber. This

part commences with

section 8 which is an interpre tation

section for purposes of the Part. Sections 9 to 36 deal with timber berths and licenses to cut timber. These provisions are all similar to those presently contained in Tite P'rovincial Lands Act. Sections 37 to 40 deal with special timber permits.

ii Sections 41 to 45 deal with those persons who are ex empted from timber dues. Sections 46 to 83 contain general provisions relating to timber, timber berths and timber licenses. Sections 84 to 92 deal with the liability of persons cutting timber without authority.

Section 93 deals with timber infested with injurious in sects and the precautionary measures required.

Section 94 deals with misconduct of sales. The powers of the Lieutenant Governor in Council are set out in sections 95 to 98. Seizures for non-payment of dues, etc., are provided for in sections 99 and 100. The evidence sections are 101 to 103 and the sections relating to

summary pro,ceedings in cases of forfeiture ana trespass are 104 to

Section 107 is the offences and penalties secti-On. All of these sections are practically unchanged from the present provisions ap pearing in The Provincial Lands Act. Sections 108 to 115 are miscellaneous provisions relating to timber.

Part III deals with the prevention of forest and prairie fires, and is found in sections 116 to

Section 118 deals with the power of the Lieutenant Gov ernor in Council to make regulations. Sections 119 and 120 deal with the appoinment of fire guardians. Sections 121 and 122 deal with the powers of the Minister. The Minister may restrict or extend the close season either generally or in any particular area. The Minister may also close any area of forest or prairie to travel during the closed season and forbid travel within such an area without a travel permit. Sections 123 to 133 deal with the powers and duties of the Director, forest officers, fire guardians and other of ficials.

Forest officers and fire guardians are empowered to require information from travellers in any forest area. The Director and fire guardians are empowered to enter lands and premises in the course of their duties. Forest officers and fire guardians may notify men between sixteen and sixty who are physically fit to proceed to and fight fires under certain circumstances set out in the Act. The reeve or deputy reeve of a muni,cipal district is given similar powers with respect to timber, brush, prairie or ground fires in his district.

Forest officers and fire guardians are empowered t~ order the removal of conditions which may be a danger to hfe or property from fire. If the order is not observed the forestry officials may enter upon the land and remove the source of danger and the cost of any work done

iii shall be borne and payable by the owner of the land. If officials of municipal districts become aware of conditions which may be a source of danger from fire they may report it to the Director who is required to investigate and report upon the ,conditions and recommend the a,ction to be taken. Sections 134 to 137 deal with clearing, milling and other similar woods operations. Permits are required in connec tion with these operations which may cause the accumulation of slash or debris.

These permits may be issued or refused in the discretion of the Director and may be made subject to conditions to be prescribed by him. Precautions are pre scribed which must be observed by persons conducting such operations. Sections 138 to 146 contain various prohibitions. Persons are prohibited from setting out fire during the close season except subject to the conditions prescribed by the Act and the regulations. Persons are prohibited from travel in any closed area unless they are owners of travel permits.

Safety .devices are required to prevent the escape of fire from certain engines and machines and the operation of such ma chines without safety devices is prohibited. There are numerous prohibitions relating to the use of fire, the disposi tion of live coals or ashes, the accumulation of inflammable debris, etc. - Sections 147 to 157 relate to offences and penalties under

Part III. These offences and penalties are similar to those contained in the present Pm"est and Prairie Fires Preven tion Act. Sections 158 to 163 contain miscellaneous provisions re lating to the prevention of forest and prairie fires. There is no obligation or responsibility on the forest service to fight fires on any land. The Act in no way affects the right of any person to maintain a civil action for damages occasioned by fire. If a licensee or permittee under the Act is proved responsible for any fire he is required to bear the full cost of extinguishing it.

In actions or prosecutions relating to damage through fire the Act prescribes certain things which are deemed to be prima facie evidence of negligence or of responsibility for fire. These provisions also are similar to those contained in the present Act.

Part IV deals with provincial parks. Sections 164 and 165 deal with the establishment of pro vincial parks. They are created by order of the Lieutenant Governor in Coun,cil published in The Alberta Gazette. Sections 166 to 169 deal with the administration of pro vincial parks. The Minister of Lands and Forests is em powered to appoint an advisory board of not more than three members for any provincial park. This advisory boa.r~, .to gether with the Director and the Forests and Parks DIVISIon of the Department of Lands and Forests, are responsible for the administration of provincial parks.

iv ~tions 170 to 179 contain general provisions relating to provincial parks. A provincial park is deemed to be a public work within the meani.ng of The Public W oTk. Aet aDd the provisions of that Act relating to appropriation of la.nds for public works are applicable. Crown tim.ber in a provincial park is reserved from cutting or sale with certain exceptions. Penalties are prescribed for otf'Emces against this Part. Fin-es payable for violations of this

Part 01' park regulations are payable to the Minister and may be used for expenditures in c'onnection with parks. The Forest and P';'airie Fi1'es Prevention Act and The Provincial ParkfJ and Protected Areas Act are both repealed. The Provincial Lands Act is, of course, being repealed by The Public Lands Act which replaces it. KENNETH A. McKENZIE, Acting Legislative Counsel. (This note does not fOtrm any part of the Bill but is offered i~ explana.t'ion of its pro·visions.)

BILL No. 115 of 1949.

An Act Relating to the Administration of Forests, Pro vincial Parks and Certain Public Lands. (Assented to , 1949.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

SHORT TITLE. 1. This Act may be cited as HThe Forests and Parks Act".

INTERPRETATION. 2.

In this Act, unless the context otherwise requires, (a) "Department" means the Department of Lands and Forests; ( b) "Director" means the Director of Forestry for the Province or an officer appointed to perform any of the duties of the Director; (c) "disposition" means every instrument executed pur suant to the provisions of this Act whereby any estate, right or interest in any timber on public lands, is granted to any person or by which the Crown divests itself in the favour of any person of any estate, right or interest in any such timber and without derogating from the generality of the fore going includes all leases, licenses, permits, privileges, contracts or agreements made, entered into or issued pursuant to this Act; (d) "dues" mean all ground rents, royalties, dues, fees, rates, charges or other moneys payable by any person to the Crown in the right of the Province under and by virtue of any sale, lease, license, permit, privilege, contract or agreement; (e) "forest officer" or "officer" means any person ap pointed under the provisions of The Public Service Act in connection with the administration of public lands; (/) "lands" extends to and includes lands, messuages, tenements and hereditaments, corporeal and in corporeal, of every Idnd and description, whatever may be the estate or interest therein, and whether legal or equitable, and subject to the provisions of

2 this Act, all paths, passages, water or water courses, liberties, privileges, easements and all trees and timbers thereon; (g) "license" means any license granted under this Act and any regulation nlade pursuant to this Act; (h) "Minister" means the Minister of Lands and Forests; (i) "permit" means any permit granted under this Act and any regulation made pursuant to this Act; (j) "Public lands" means and includes all real property of whatsoever nature or kind to which this Act applies, and all trees and timbers thereon; (k) "tender" means, an offer whether made in writing or verbal; (l) "township", "section", "half-section", "quarter section", and "legal subdivision", respectively, mean a township, section, half-section, quarter-section or legal subdivision, as the case may be, of public lands, within the meaning of. this Act or of The Alberta Surveys Act.

APPLICATION OF ACT. 3.-

(1) The Department shall have jurisdiction over and shall control and administer all matters in any way con nected with,- (

a) provincial parks, public lands, trees and timbers in provincial parks or on public lands and other related natural resources vested in or belonging to the Crown in the right of the Province; and (

b) the prevention and extinguishing of forest and prairie fires; and (

c) all lands in the Province and the trees and timbers thereon where the context so permits or requires.

(2) This Act does not apply to forest reserves and any administrative functions or operations incidental to the administration of forest reserves.

(3) This Act applies to the lands set apart pursuant to The P11blic L(J;nds Act as an endowment for the purposes of educatIOn and designated as school lands. DIVISION OF ACT • . 4-For convenience of reference only, this Act is divided Into Parts and classified under the following headings: Part

Section I. ADMINISTRATION .............. ............... 5-7 II. DISPOSITION OF TIMBER ............................ .

Interpretation ........................................... . Timber, Timber Berths and Licenses ....... . 8-115 8 9-36

3 Special and Settlers' Timber Permits.... 37 -40 Persons Exempt from Timber Dues ........ 41-45 General Provisions .................................... 46-83 Liability of Persons Cutting Timber Without Authority ................................ 84-92 Timber Infected with Inj urious Insects or Fungus ................................................ 93 Misconduct at Sales ......................

"'......... 94 Powers of Lieutenant Governor in Council ................................................... 95-98 Seizures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99-100 Evidence ...................................................... 101-103

Summary Proceedings re Forfeiture and Trespass .................................................. 104-106 Offences and Penalties .............................. 107 Miscellaneous .............................................. 108-115 III.

PREVENTION OF FOREST AND PRAIRIE FIRES 116-163 Application of Part ........................... 116-117 Regulations ............................. 118 Appointment of Officers ......................... 119-120 Powers of Minister .................................... 121-122 Powers and Duties of Officials ................ 123-133 Clearing, Milling and Other Operations .. 134-137 Prohibitions ... ......... ..... ............ . 138-146 Offences and Penalties ........... 147-157 Miscellaneous .................... 158-163 IV.

PROVINCIAL PARKS 164-17~ Establishment of Provincial Parks. 164-165 Administration of Provincial Parks 166-169 General Provisions 170-179

PART I. ADMINISTRATION. 5. The functions, powers and duties under this Act relat ing to the administration of forests and parks shall be ex ercised by a Division of the Department to be known as the "Forests and Parks Division". 6. The Forests and Parks Division shall have jurisdiction over and shall control and administer all matters in any way connected with forestry and provincial parks and without restricting the generality of this provision shall have juris diction over and shall control and regulate, receive and ad minister, or invoke and enforce, as the case may be,- (

a) all the rights, properties, interests, claims and de mands of the Province in timber and provincial parks; (

b) al1 revenues and moneys of the Province arising from forestry, timber and provincial parks:

4 (

c) any regulation fO-F 'the p,r'otection' and p.reservation of objects of geological;" ethnological,' historical or other scientific interest; , (

d) reforestation and tree preservation; (

e) prevention of forest and prairie fires; (

I) any s~heme or plan to replenish the forest cover; (

g) sales and dispositions of timber on public' lands ; (

h) cutting, classifying, measuring, manufacturing, and exporting of trees, timber and products of the forest; (

i) statutes, rules and regulations relating to forestry, the protection of timber, and management and ad- ministration of provincial parks. . 7.-

(1) Subject to the provisions of The Public Service Act the Minister may appoint a Director, timber cruisers, timber inspectors, forest officers, and such other officers' as he may deem necessary, who shall perform such duties as may be assigned to them.

(2) The Director shall supervise the administration of the Forests and Parks Divjsion and all officers and employees of the Division.

PART II. DISPOSITION OF TIMBER.

INTERPRETATION .. 8. In this Part, unless the context otherwise requires, (a) "attorney" means a person authorized in Form A of the

Schedule to this Act; (b) "berth" means the lands specified in any timber license; (c) (d) (e) (f) (g) "farm lands" means any lands used for agricultural or ranching purposes; "license" and "licensee" includes a "permit" and a "permittee" ; "pulp-wood" means timber which is,- , (

i) cut upon land specified in any pulp license; or (ii) declared by the Minister to be .pulp-wood for t~e purposes .of this Act, upon it being shown to hIS satIsfactIon that the timber is below the standard of utilization for sa.wmilling purposes; and which is used in the manufacture of wood-pulp or paper; "settler". means any person residing on agricultural or ranchIng lands whether he is owner or lessee; ':timbe~" includes saw-logs, piling, poles, railway bes, shingle-bolts, pulp-wood, and all other products of the forest;

5 (h) "timber agent" means the agent of a defined dis trict or any officer. . TIMBER, TIMBER BERTHS AND LICENSES. 9. Timber on ungranted public lands subject to disposi tion by the Province shall be disposed of by the Minister pursuant to the provisions of this· Act and the regulations. 10. :Timber berths for the cutting thereon of pulp-wood shall be of such area as maybe determined by the Minister and ·.dispositioo of such berths, after having been thoroughly cruised by a duly qualified timber cruiser in the employ of the:province, may be made by the Minister under an agree ment· approved by the Lieutenant Governor in Council. 11.-

(1) Licenses to cut timber on public lands in the Province may at the instance of an individual, body corporate or registered partnership, or upon .. the direction of the Minister, be advertised for sale.

(2) Every government .. road allowance included in a timber license shall be deemed to b,e.·ungranted public lands. (:3) The licensee shall have all the rights in respect of every such road allowance, and the trees and timber thereon, or cut thereon, as were conferred upon him in respect of any other public lands embraced in such license, and the trees and tiinber thereon, or cut thereon, except that he shall not be entitled to take or keep exclusive possession of such road allowance. '

(4) No by-law of any municipal council for preserving .. selling/or otherwise appropriating or disposing of the timber or. trees, or any .part thereof, on a government road allowance included in any license, shall have any force or effect against suc:l:l· license .. . 12. Each application for a. berth must be accompanied . by.·a peppsit as follows,- . (

a) for an area not exceeding two square miles .... $50.00 (

b) for an area of more than two square miles and not exceeding five square miles ....... . .$100.00 (c) ·for an area of· more than five square miles and not exceeding ten square miles.. .......... . ......... $250.00 (d.) for an area of more than ten square miles and up to the maximum of twenty-five square miles, $500.00. 13. Payments may be made in cash, marked cheque on a chartered bank, certified treasury branch cash order, or certified treasury branch transfer voucher payable to the Provincial Treasurer. 14.-

(1) Before any li:cense is offered for sale,- (a) . the area shall be surveyed by a duly qua1i!ied Alberta Land Surveyor into berths not exceedIng twenty-

6 five square miles, excepting a berth granted for the cutting thereon of pulp-wood; (

b) the berth shall be thoroughly cruised by a qualified timber cruiser in the employ of the Province who shall,- (

i) make as exact an estimate as possible of the quantity of timber on the berth; and (ii) ascertain its general condition, its accessability, and other related matters that may be necessary in determining the value of the timber; and (iii) furnish a report thereon to the Director for the information of the Minister; (

c) the Minister shall prescribe the relationship to which the rate of dues payable under the license on the product of the forest that is the basis of .competition for the berth shall bear to the general rate of dues as may from time to time or at any time be fixed by the Lieutenant Governor in Council.

(2) Notwithstanding paragraph (

a) of subsection (1), the Minister may dispense with a survey when there are natural boundaries confining the timber on the tract applied for, or the boundaries have been sufficiently defined by previous survey. 15.-

(1) The deposit shall be placed to the credit of a successful applicant.

(2) In the event of the berth being sold to some other person, the deposit shall be refunded providing the applicant submitted a tender but not otherwise, and should the berth be put up for sale and not sold, the deposit shall be forfeited.

(3) When for any reason the berth is not offered for sale, the deposit may be refunded to the applicant, but any ex penditures made by the Department for costs of survey, in spection or otherwise in connection with the application may in the discretion of the Minister, be deducted and retained by the Department. 16.-

(1) No berth may be sold unless notice of the sale has been given by advertisement and such notice shall give,- (

a) the distinguishing number of the berth; (

b) the description of the land and area; (

c) the quantity of timber estimated to be on the berth; (

d) the moneys required as a guarantee deposit and other related matters; (

e) the place, day and hour at which the sale is to be held; . (

f) the number of years for which the license shall he renewa hie; and (

g) the product of the forest that shall be the basis of competition for the berth. .

(2) No license for a berth where the estimated quantity of timber is under ten million feet board measure shall be re newable for more than ten years . . 17.-

(1) When a tender for a berth is required to be made in writing the tender shall be made in Form B of the Schedule.

(2) The tenderer may submit his tender by registered mail in a . sealed container marked "Tender for Berth No ................... , ............. ".

(3) No tender shall be considered which does not reach the officer conducting the sale prior to the time of the sale. . ( 4) A tender may be made by a tenderer in person or through his author~zed attorney who, with the tender, must enclose his authorization in Form A of the Schedule.

(5) Moneys paid with an unsuccessful tender shall be re turned.

(6) In the case of the person to whom the berth is awarded the moneys shall be applied according to the notice of sale.

(7) No tender sha11 be considel'ed unless there has been full compliance with the notice of sale of which the Minister shall be the final judge. 18. Every tender to purchase a berth shall be, (

a) accompanied by the guarantee cash deposit; (

b) presumed to include on behalf of the person making the same an undertaking to pay to the Crown in ad dition to the purchase moneys, and all dues, charges and taxes reserved or imposed by this Act or any other Act-, (

i) the cost incurred in cruising, surveying and ad vertising the berth; (ii) an annual rent based on the square miles con tained in the lands covered by the license, license fee and fire-guarding charges. 19.-

(1) Any tenderer for a berth whose offer is not the highest, if he considers that the berth is reasonably tribu tary to a mill owned or operated by him, and that such berth may be more economically or advantageously operated by him than by the person making the highest tender, may immediately upon announcement by the officer in charge of the sale of the purchase price and name of the highest tenderer, give to the Minister a notice in Form E of the Schedule.

(2) The notice in Form E shall be accompanied by a fee of one hundred dollars. 20 • ..-

(1) The Minister upon· receipt of such notice shall forthwith in writing refer the question to a Board of three arbitrators, hereinafter called the Board.

(2) The Board in addition to the representations by the appellant may take into consideration any other factors which in their opinion are worthy of consideration. 21.-

(1) The Alberta Forest Products Association and the operators of small portable mills who are not members of the Association shall during the month of December in each year notify the Minister in writing of the panel of names nominated for the next calendar year and no person named to a panel shall take

part in any arbitration concern ing a berth for which he, or any partnership of which he is a member, or any company of which he is a shareholder, officer or employee, has tendered.

(2) The chairman of the Board shall be appointed by the Lieutenant Governor in Council and the other arbitrators shall be named by the Minister in each individual case from the panels of named persons nominated for that calendar year by the Alberta Forest Products Association, and by operators of small portable mills who are not members of the Association pursuant to subsection (1).

(3) The secretary of the Board shall be a member of the Forests and Parks Division of the Department appointed by the Minister, and shall hold office during the pleasure of the Minister. .., 2~.-

(1) The secretary shall promptly give four days' written notice of the hearing to the parties involved in the arbitration.

(2) The Board shall sit and hear the case within ten days from the date the Minister referred it to the Board.

(3) The Board within five days from the completion of the hearing before it shall report to the Minister with its recommendation.

(4) The Minister shall immediately make his decision and notify both parties of the decision, which shall be final and conclusive.

(5) If the berth is awarded to the appellant tenderer the purchase price shall be the offer of the highest tenderer.

(6) In all cases the moneys accompanying the tenders referred to the Board shall be held by the Minister until the berth is a warded.

(7) The costs of the appeal to the Board as fixed by the chairman of the Board shall be borne by the appellant. 23. The Minister may, in his discretion, 'reject any or all tenders made for the purchase of a berth. 24. At any t!~e within six.months following the holding of a s~le the MInIster may, WIthout further competition or advertIsement, make disposition of a license for which no tender was received at the sale, at the rates of dues and upon the terms and conditions contained in the notice of sale.

9 25.-

(1) The person to whom a berth is awarded shall, , (

a) sign a contract in Form C of the

Schedule agree ing to carry out the terms and conditions of sale; (

b) apply for a license for the current year; (

c) pay the costs incurred in cruising, surveying and advertising, together with the rental, license fee, fire-guarding charges, timber areas tax and the per centage of the purchase price prescribed in the notice of sale based on the quantity of timber estimated to be on the berth.

(2) The Minister may, in his discretion, terminate any sale of a berth where the purchaser fails to complete the contract within the period specified by the Director, and any payments made by the person to whom the berth was awarded shall thereupon become forfeited to the Crown. 26. No renewal license for a berth shall be signed on be half of the Minister until dues in arrears are paid and until the full amount of the ground rent, license fee, fire-guarding charges and timber areas tax for the current year are paid. 27. The license to be issued for a berth shall be in Form D of the

Schedule and the Minister is hereby authorized to insert such further clauses as he considers the conditions in connection with each bertp. may warrant. 2'8.-

(1) The license shall be for .a term not exceeding one year and shall, for the term set out in the notice of sale be renewable from year to year while there is on the berth timber of the kind and dimensions described in the license in sufficient quantity to make it commercially valuable.

(2) The Director may from time to time call upon the holder of a license to furnish to the Department .a cruise of the berth or any portion thereof comprised in the license and,- (a) (

b) if such cruise is not furnished; or if in his opinion any portion of a berth has not a sufficient quantity of the kind and dimensions of timber specified in the license for such berth; or (

c) if sU,ch portion of the berth .is not necessary for the proper working of the remaInder of the berth; he may withdraw such portion in whole or in part from the berth.

(3) In no case shall such withdrawal be made until the expiration of sixty days after the notice in writing of the withdra wal has been given to the licensee or to his legal representative by the Director. 29.-

(1) The license shall describe the land upon which the timber may be cut, the kind of timber to be cut, and the dimension thereof, and shall, during its continuance, vest in the licensee, subject to the conditions mentioned in the license, all rights of property whatsoever in all trees, timber,

10 lumber or other products of the forest which he is entitled by the license to cut, and which have been cut within the limits of the berth during the continuance thereof, whether such trees, timber, lumber or other products are ,cut by consent of the licensee or by any other person without his consent, and shall vest in the licensee, as against any person other than the Crown in the right of the Province, subject to the conditions mentioned in the license, all rights of property whatsoever in all trees, timber, lumbe!' and other products of the forest cut within the limits of the berth by any other person without his consent.

(2) The license shall entitle the licensee to replevy, as his property, any product of the forest cut within the limits of the berth where it is found in the possession of any un authorized person, and also to bring any a,ction or suit for damages or any other appropriate remedy against any per son who is unlawfully in possession of such product of the forest, or who has unlawfully cut any product of the forest in derogation of any rights of the licensee under his license, or who has entered without authority upon the berth covered by the license.

(3) Any such proceedings which have been commenced and are pending at the expiration of any such license may be continued and completed as if the license had not expired. 30.-

(1) On the thirtieth day of June following the license year during which operations have been conducted on the berth to the satisfaction of the Director a sum not greater than ten per cent of the total dues payable in respect of the operation during such year may be transferred upon request of the licensee from the cash guarantee deposit to the credit of the dues account of the berth, but the sum so trans ferred shall in no year exceed one-tenth part of the original deposit and the total so transferred shall not exceed fifty per cent of the deposit.

(2) When all operations in connection with the berth have been completed to the satisfaction of the Director, the balance of the guarantee deposit shall be applied to the dues or rental accounts of the berth or refunded to the licensee, but no refund shall be made of any moneys remaining from time to time on deposit until all rental, dues and other charges payable in connection with the berth have been paid, or while the licensee is indebted to the Department on any other account. 31.-:-

(1) Failure to comply with the provisions of this A<:t . WIll render the berth subject to cancellation by the MInIster . .

(2) Upon cancellation the guarantee deposit shall be forfeIted to the Crown. 32.-:--

(1) All licenses or renewals thereof shall expire on the thlrt~-first day of March next after the date on which they are Issued.

(2) Unless renewed within six months of expiration, the sale shall become null and void without notice to the pur chaser and the berth 'shall again become the property of His Majesty. 33. The licensee shall pay,- (

a) an annual ground rent of ten dollars per square mile or fraction thereof contained in the berth upon the granting of same and at the time of the renewal of any license; and (

b) an annual license fee of five dollars. 34.-

(1) The general rates of dues established by the Lieutenant Governor in Council shall continue in force until revoked, altered or amended, and any alteration or amend ment shall be made by the Lieutenant Governor in Council before renewing any licenses for the next ensuing license year.

(2) Dues at the general rates prescribed by the Lieuten ant Governor in Council shall be payable by the licensee on all products of timber cut upon the berth, other than the product which forms the basis of the sale ,contract. (3) vVhenever the dues payable for lumber, other than poplar, under the sale contract exceeds the general rate of dues prescribed by the Lieutenant Governor in Council, then the dues payable on railway ties cut on the berth shall be commensurate with the increase in dues on lumber as set out in the sal~ contract.

(4) Whenever the dues payable on railway ties under the sale contract exceed the general rate of dues prescribed by the Lieutenant Governor in Council, then the dues on lumber, other than poplar, cut on the berth shall be commensurate with the increase in dues on railway ties No.1 as set out in the sale contract. 35.-

(1) The licensee of a berth acquired pursuant to regulations heretofore established under the Dominion Lands Act shall pay dues as fixed by the Lieutenant Gover nor in Council on timber cut upon his berth.

(2) No license of a berth purchased under the Dominion Lands Act shall be renewable after the thirty-first day of March, 1954. 316.-

(1) Where the timber which is to be sold consists mostly of damaged, dead, diseased, fallen or fire-kil.led timber, the Minister may vary the annual fire-guardIng charges and may reduce the dues payable by the licensee on the products manufactured from timber cut upon the berth as the circumstances may warrant.

(2) The variation or reduction in no case shall be less than half the general rate or rates of dues as fixed by the Lieutenant Governor in Council.

(3) Any variation or reduction shall be set out in the notice of sale. SPECIAL AND SETTLERS' TIMBER PERMITS. 37.-

(1) Permits may be granted without competition to cut for sale timber occurring in areas of adj oining lands isolated from other areas of merchantable timber and not exceeding one hundred and sixty a,cres or one quarter section, estimated to contain not more than one hundred and twenty five thousand feet board measure of spruce, pine, tamarack, and species of timber other than poplar, suitable for lumber, where a survey is not necessary.

(2) Such permits shall be granted subject to the following conditions: (

a) Application for the permit must be accompanied by the sum of fifty dollars which may be in cash, a marked cheque on a chartered bank, a certified treasury branch cash order, or a certified treasury branch transfer voucher payable to the Provincial Treasurer; (

b) Upon the acceptance of the application and before the permit may issue the applicant shall deposit a sum equivalent to the dues on the quantity of timber estimated by a qualified offi'cer to be on the land, which amount together with the money accompany ing the application, shall be retained as a guarantee of compliance with the terms and conditions under which the permit was granted and then applied on dues, refunded or forfeited; (

c) All such permits shall expire on the thirty-first day of March next following the date upon which the permit is granted, and the Director may grant not more than one renewal permit where the permittee gives satisfactory reasons for not having completed operations by the expiry date; (

d) The Minister shall fix the dues to be paid on the timber cut and sold under the permit which dues shall not be less than the general rates of dues fixed by the Lieutenant Governor in Council.

(3) Permits may be granted without competition to,- (

a) actual settlers or to an individual representing any number of persons co-operating together to cut timber for use on their own farm lands, but not for barter or sale; (

b) actual settlers to cut for sale dry mining timber and fence posts; (

c) actual settlers to cut up to one hundred cords of t~mber to be used in the manufacture of boxes, shims, tIe plugs, lath bolts, shingle-bolts or pulp-wood; (

d) any person to cut under the supervision of the Di rector such trees as it may be necessary to remove

13 for the improvement or development of a stand of timber or for other silvicultural reasons; (

e) actual settlers to cut for sale up to fifty thousand feet board measure of sawn lumber in each permit year of damaged, diseased, fallen, dead or fire killed timber, subje,ct to payment of not less than one-half the rate of dues on timber products with the exception of mining timbers and cordw~od in which case the usual rates shall be applicable; (

f) actual settlers to cut for sale birch timber not in excess of five thousand feet board measure; (

g) settlers and persons living in cities, towns and vil lages to cut for sale in each permit year up to one hundred cords of wood for fuel; (

h) settlers and persons living in cities, towns and vil ages to cut for sale up to five hundred cords of fire killed timber for pulp-wood; (

i) any irrigation district to cut timber for the erection of buildings, also for the construction and mainten an,ce of works incidental to the operation of such project; (

j) any Department of the Government of the Province, Dominion of Canada, or any municipality to cut timber for the construction and maintenance of public works; (

k) any Department of the Government of the Province or Dominion of Canada, to cut timber for the pur pose and incidental to any relief or welfare proj ect ; (

l) the holders of permits, licenses or leases for right of-way or roads, railways, trails, telephone or tele graph lines, transmission and pipe lines, or other uses authorized by the Dep.artment for such timber required to be cut from the right-of-way; (

m) any person to cut timber for the construction of boats and scows; (

n) owners of steam vessels to cut wood for consum'ption in their vessels; (0) settlers and persons living in remote areas of the Province to ,cut such quantity of timber as may be required for buildings or other structures, the con struction of which is necessary to the authorized rights held by them, except upon such lands as are included within the limits of a townsite; (

p) owners and operators of berths to cut timber for the erection of buildings and works incidental to the operation of such berths; (

q) the owners of mining claims and operators of mines and quarries to cut timber for the erection of build ings required in connection with their operations, also cordwood for fuel in operating such mines or quarries and such timber as they require for use in the development of their mines or quarries, or any

14 person having a contract for the supply of timber to a mining company, to an aggregate amount of dues of four hundred and fifty dollars; (

r) companies having to cut tinIber in areas to be sub merged through the -construction of works in the de velopment of hydro-electric power.

(4) The Director may gra:nt, without competiti.on, to a licensee of a timber berth beIng operated, a permIt to cut isolated fringes of timber on available public lands lying immediately outside of his berth and next to his cuttings when the estimated quantity does not exceed one hundred and twenty-five thousand feet board measure of merchant able timber, and timber cut under such permit shall be sub ject to dues at the rates payable on the timber berth. 38. No permit shall issue under

section 37 or under paragraph (

d) of subsection (1) of

section 41 unless the application has been approved by the timber officer for the district in which the land is situate. 39. Applications for the cutting of green timber may be refused by the agent if there is on the land to which the application relates, or within reasonable reach of the appli cant, a suffi.cjent quantity of dry timber suitable for the purpose for which the timber is required. 40.-

(1) Returns aC,counting for the timber cut shall be made to the Director monthly or at such other times as he may require, and dues at the general rates prescribed by the Lieutenant Governor in Council shall be payable on all timber cut upon the land described in the permit.

(2) The Minister may fix the dues on any forest product which may not have been provided for in the general rates prescribed by the Lieutenant Governor in Council, but any dues so fixed shall not, when reduced to the same standard, be less than the general rates prescribed by the Lieutenant Governor in Council.

(3) Where in the opinion of the Director it is desirable, the Minister may require the applicant for a permit to make a cash deposit to be retained until the applicant's operations are ,completed, as a guarantee of compliance with the terms of the permit and this Act.

(4) Where a surveyor other demarcation on the ground of the boundaries within which a permit is operative is neces sar~, . the Director may require. the permittee to pay such ~ddltIonal sum to Ineet a proportIon of the expenses incurred In such surveyor demarcation which is reasonable in the opinion of the Director.

(5) Where any overcut has been made by a permittee in excess of twenty-five per cent of the amount for which the permit is issued, other than an operator cutting under permit Issued pursua?t to

section 37, subsection (3), paragraph (a), the permIttee shall pay double the general rate of dues on the total quantity of the overcut.

15 PERSONS EXEMPTED FROM TIMBER DUES. 41.-

(1) Permits to cut timber upon vacant public lands may be granted without dues to the following classes of persons: (

a) Miners engaged in prospecting; (

b) Travellers; (

c) Persons engaged principally in scientific pursuits or exploring; (

d) Persons cutting timber for the construction of educational, religious, charitable and ex-service men's institutions or halls, agricultural society build ings, rural community halls, hospitals nurses' homes and buildings, up to a maximum of thirty thousand feet board measure; (

e) settlers residing on farm lands to cut on the lands held by them under agricultural lease, cultivation lease or homestead lease, dead or fire-killed timber, not exceeding fifty cords in anyone permit year, for barter or sale.

(2) Before a free permit is issued, the Director shall re quire the permittee to furnish satisfactory evidence of the use to which the timber is to be put. 42. Any settler who obtains a homestead or a lease under the provisions of The Public Lands Act, having no timber on his lease or lands owned by him that could be used to meet his requirements and who has not obtained a free allowance of timber from public lands may be granted a permit, within the first three years of the term of the lease, to cut on other lands such timber as he may require for use on the land held under lease, not exceeding the following: (

a) three thousand lineal feet of building timber in ac cordance with the following requirements: (

i) no log shall be under twelve inches in diameter at the butt end, unless the timber is cut from dry trees, in which case timber of any diameter may be taken; (ii) if the building timber is sawn at a mill, the permittee will be entitled to nine thousand two hundred and fifty feet board measure of lumber therefrom, and no more; (

b) five hundred fence posts, seven feet long, and not ex ceeding five inches in diameter at the small end. 43.-

(1) Any settler residing on a farm and cutting timber on public lands held as a homestead or cultivation lease in the preparation of such land for cultivation may dis pose of any forest product on obtaining a permit and pay ing the dues as prescribed by the Lieutenant Governor in Council.

(2) If cultivation is performed on the area from which the timber is taken within twelve months from such cutting, the

16 dues paid shall be refundabl~ if applicatio~ i~ I?ade within eighteen months from the hme the permIt IS Issued, sup ported by a sworn statement that the land has been cultivated within the required twelve months. 44.-

(1) Any settler who has lost his dwelling o~ <;>ther building by accidental fire, whether cause<:! by praIrIe or bush fires, or in any other way not due to hIS own careless ness, may, within a period of two years from the date of such fire, obtain a permit free of dues to cut, for the replace ment of such building, the quantity of timber to which a lessee is entitled under the provisions of

section 42.

(2) Any timber cut for the replacement of such buildings in excess of the quantity specified in the permit shall be sub ject to the payment of dues at the rates prescribed by the Lieutenant Governor in Council. 45. A fee of one dollar shall be charged for the issue of any· permit to be granted under this Act or f'or a· renewal of any such permit. GENERAL PROVISIONS. 46..-

(1) The licensee in connection with his berth shall have in operation within one year from the date of sale, and keep in operation for at least six months of each year of his holding, a saw-mill including a properly equipped edger of a value of not less than two thousand dollars capable of cutting in one day two thousand feet board measure for each square mile of the area under license, and shall manufacture in each year not less than one hundred and twenty-five thousand feet board measure of tin1ber from public lands for each square mile or fraction thereof contained in such berth or shall establish such other manufacture of wood products as the Minister accepts as equivalent thereto.

(2) A licensee in lieu of erecting a mill may be permitted to have the timber cut from a berth or berths held by him, manufactured at a mill which is or is not his own property, provided that he manufactures timber cut from the said berth or berths at the rate of one hundred and seventy-five thousand feet board measure annually for each square mile or fraction thereof contained in the said berth or berths held by him under license.

(3) Notwithstanding anything to the contrary in this Act, the licensee shall within twelve months of the termina tion or cancellation of the berth, manufacture into saleable products all timber cut upon the berth and pay the dues thereon and .any unmanufactured timber shall thereupon become forfeIted to the Crown unless otherwise ordered by the Minister . . 4.7.-

(1) Each licensee shall maintain for each berth dUrIng the continuance of his license for the purpose of safe-

17 guarding the timber thereon from fire, such suitable equip ment for fire fighting as may be designated by the Director.

(2) Such equipment must be maintained at a place either on or immediately convenient to the berth and shall not be used for any other purpose.

(3) Where a berth or berths under the control of a licensee contain in the aggregate an area of three square miles or over, he shall between the fifteenth day of April and the thirty-first day of October in each and every year during the continuance of his license, maintain a fire patrol on the berth or on each of such berths. 48.-

(1) Each licensee shall keep a bush count on all sawlogs and other timber cut upon a berth, as well as the number of pieces hauled therefrom, and such count shall .immediately be entered in a book to be obtained for the purpose from the Dire,ctor.

(2) The books covering operations for the twelve months ending the thirty-first day of March in each year shall be retained in the main camp and shall be duly completed by the foreman in charge of operations who shall subscribe to the affidavit therein, and upon completion of operations on the berth the books shall be handed to the forest officer at the time he makes his final inspection and audit. 49.

Unless otherwise directed, each licensee either per sonally or by his scaler or foreman shall furnish proof on oath accompanied by a ground sketch on the first day of April of each year, or at such other time as the Director may require, as to the exact locality where all timber cut by the licensee or any other person to his knowledge upon the berth held or occupied by him, has been taken. 50.-

(1) Sworn returns shall be made monthly or at such other times as the Director may require, by each licensee to the Director, accounting for ,- (

a) the number of pieces of round timber ,cut upon the berth held or occupied by him; (

b) the number manufactured and the product thereof; (

c) the quantity sold and that on hand.

(2) Dues shall be paid on the product of manufacture or sale of the timber or on the measurement or scale of the timber as required by the Director. 51.-The renewal of a license for a berth shall be subject to the payment of dues on the product on which the licensee bid as set out in the sale contract and on all other products of the forest as set out in the regulations in force from time to time and to such other terms and conditions as are fixed by the Lieutenant Governor in Council and in ofrce at the time the renewal is made. 52.-

(1) All timber taken from any berth acquired under the provisions of this Act, excepting dry pulp-wood, shall be manufactured within the Province of Alberta.

(2) There shall be taken from every tree cut down all the timber fit for use and· the same shall be manufactured into sawn lumber or some other saleable product in such a way that there shall be no waste.

(3) To prevent the spread of prairie or bush fires all tops and branches of trees, and debris or refuse of operations shall be disposed of in such manner as may be determined by the Director.

(4) All bush operations shall be conducted so as to avoid unnecessary destruction of growing timber.

(5) Any person engaged in bush operations shall main tain strict and constant supervision to prevent the origin and spread of fire.

(6) Bush operations shall conform to the conditions, terms and requirements specified by the Director and cutting shall be restricted to the lands upon which operations have been authorized. 53. If at any time during the continuance of a license in the opinion of the Minister any portion of the lands therein described is required for water-power purposes or is neces sary in connection therewith, the Minister may withdraw the said portion or tract from the berth. 54.-

(1) If, in consequence of any error in surveyor other error or cause whatsoever, a license is found to cover land covered by another license of prior date, or any land sold, granted, leased or lawfully set apart for any other purpose under The Public Lands Act, the later license shall be void in so far as it conflicts with any previous grant, lease, license, permit, sale or setting apart. (2) ""Vhen the boundary line or lines of.a berth or any por tion of such lines have not been surveyed or have become obliterated, the Minister may require the licensee, at his own expense, to survey any portion of the lines not previously surveyed, or to re-establish upon the ground any lines that have become obliterated. 55.

If the Minister ascertains, after an inspection has been made, that any land within a berth is fit for settlement and is required for that purpose, he may require the licensee to carryon the cutting of timber on the said land as pro vided for in this Act and on the expiration of the time within which the timber which the licensee is entitled to cut should be removed therefrom may withdraw such land from the berth, and from the license, and upon such withdrawal the ground rent shall be reduced in proportion to the area with drawn. 56.-

(1) The Minister may permit prospecting on any berth ~or quarriable .stone, salt, petroleum, natural gas, coal, gold, sIlver, copper, Iron, or other minerals.

(2) The Minister shall notify the licensee of every such permission.

(3) The licensee shall be entitled to compensation from the prospector for any timber cut, damaged or destroyed by the prospe,ctor or as a consequence of his prospecting of the berth. 57. A license shall be subject to the right of the Crown to withdraw at any time from the said berth any portion or tra,ct of the lands comprising it which is required for the construction of any colonization or other road, or any road in lieu of or .partly deviating from an allowance for road, drain or drainage works without compensation therefor. 58.-

(1) If any railway company becomes entitled to a grant from His Majesty of any portion of a berth for the roadbed of the company's railway or any branch thereof, or for stations, station grounds, workships, dockyards and water frontages on navigable rivers, or building yards, or for .other purposes required for the convenient, necessary and effective construction and working of the company's railway or any of its branches; and if His Maj esty grants the same to such railway company the land so granted shall from and after the date of the grant cease to be under the operation of the license, but the licensee shall be at liberty to remove all property belonging to him and all timber then cut thereon from the land so granted; and shall also be entitled to cut and remove from the said land so granted as his own property, all trees then standing thereon or the timber obtained there from, provided that such property and cut timber, or prop erty, cut timber and standing trees, or the timber obtained therefrom are promptly renloved from the said land upon receipt by the licensee of notice from the railway company to remove the said property and cut timber, or to cut and re move such standing trees so as not to hinder or interfere with any work being done or about to be done by the railway company for the convenient, necessary and effective con struction and working of the company'5 railway or of any of its branches; provided that if the licensee does not so remove such property or cut timber, or so cut and remove such standing trees or the timber obtained therefrom, the railway company may do so, and all cut timber and standing trees or the timber obtained therefrom. which have so to be removed or cut and removed by the railway company, shall be the property of the Crown and be disposed of as the Minister may decide.

(2) From the date any parcel of land is granted to any railway company and is so withdrawn from the operation of the license, the ground rent required to be paid shall be reduced in proportion to the area withdrawn. 59. All rights of fishery, fishing, trapping of t:ur-~earing animals, shootIng· of game, grazing and occupatIon In con nection therewith upon, around and adjacent to the berth are reserved to the Crown.

20 60.-

(1) A licensee shall not assign, transfer, or sublet the rights described in his license, or any part thereof, with out the consent in writing of the Minister first had and obtained, and such consent shall not be given within one year of the granting of the berth.

(2) No assignment of such rights shall be accepted and recorded in the Department unless it is unconditional, and unless all arrears of rental, dues, fire-guarding charges, timber areas tax and any other tax or charge reserved or imposed by Statute, have been fully paid. 61. Any licensee having made a guarantee deposit in moneys, may, with the consent of the Minister, substitute in whole or in part bearer bonds of the Province of Alberta or the Dominion of Canada, but in no case shall any coupons be made available to the licensee until the return of the bonds. 62.-

(1) No license shall be issued until evidence has been furnished to the Director by the applicant that he has complied with all the provisions of The Workmen's Compen sation Act.

(2) If at any time after the issue of any license, default is made by the licensee under the provisions of The W ork men's Compensation Act, the Minister may, in his diseretion, by writing under his hand cancel the license.

(3) The application for a license must be accompanied by a statutory declaration setting forth the number of men em ployed, and the amount, if any, of wages in default on timber operations conducted by the applicant during the preceding six months.

(4) Where there has been default in the payment of wages, the Minister may, in his discretion, refuse to issue a license until satisfactory arrangements have been made for the payment of the wages.

(5) If at any time after the issue of any license default is made by the licensee in the payment of wages to workmen employed by him on timber operations, the Minister may, in his discretion, by writing under his hand, cancel the license and a penalty in the sum of twenty-five dollars shall be imposed by the Minister for the re-issue of any such license. 63.-

(1) All dues on timber cut under license shall be payable upon the day the sworn return is required to be made.

(2) Dues which are not paid when they become due shall be~r interest at the r.ate of eight .per cent per annum until paId, and shall be a hen on any tImber cut on public lands, by the licensee or under his instructions.

(3) If after the licensee has been requested to forward any overdue return the Minister deems it necessary to send

21 an officer of the Department to secure the same the Minister may charge the licensee so in default, the expenses incurred in connection with securing the return and if the licensee fails to make payment of the expenses so incurred the Minister may cancel the berth.

(4) Incase of non-payment of dues whether in conse quence thereof the license of the berth has or has not been cancelled, the Director or other person authorized may seize so much of the timber cut on public lands by the licensee or under his instructions, or in the possession of the licensee, as will in his opinion be sufficient to secure the payment of the dues, the interest thereon, the expenses of seizure and sale, and expenses incidental to the protection of the timber and may detain the timber as security for payment.

(5) If payment is not made within one month after seiz ure, the Director or other person authorized may sell the timber by publi,c auction, and after deducting the sums due, the interest thereon and the expenses aforesaid, he shall pay over the balance, if any, to the licensee, if the timber was in his possession at the time of the seizure, or if it was not, to the person who had possession thereof at that time.

(6) If a bid is not made at the auction, amounting to the sum equal to the claim against the licensee, the timber may be disposed of at a private sale. 64.-

(1) All timber cut under license shall be li~ble for the payment of the dues thereon, whenever and wherever the said timber, or any part of it, is found, whether it is or is not converted into deals, boards, or any other product of the forest.

(2) All offi'cers employed in the colle,ction of such dues may follow all such timber and may seize and detain it wherever it is found, until the dues thereon are paid or secured, as provided in

section 63.

(3) The dues payable on any timber cut under license, to gether with any additional charges for expenses incurred !n enforcing payment of the dues, shall be a first charge In priority to all other charges or claims howsoever created and such priority shall extend to and include any moneys due and payable to the Crown b~ the licensee. on any timb~r operations conducted on publIc lands by hIm or under hIS authority.

(4) No timber or products of the forest on w~ich the d';1es ha ve not been paid shall be taken or removed In executIOn or seizure by or on behalf of any person unless payment of the dues including any moneys due and payable to the Crown by the licen.see on any tim~er operat.ion~ conducted on public lands by hIm or under hIS authorIty IS guaranteed under the execution or seizure. 65.-

(1) In case any timber or any of the products thereof in respect of which any dues are payable has been re moved from the Province or otherwise disposed of, and the

22 dues payable have not been paid, the amount of the unpaid dues and any expenses incurred in enforcing payment of ~he said dues under this Act, may be added to the dues remaIn ing to be collected on any oth~r ti.mber cut ?n any berth by the licensee or cut under permIt by the per~llttee and may be levied and collected or secured together wIth such last men tioned dues, in the manner hereinbefore provided.

(2) The Crown shall have a lien for the amount of any dues or tax reserved, or payable under this Act, and for all expenses of seizure, detention or sale incu:red in enforcing the lien, upon all sawmills or other. factorIes ~nd lands ap purtenant thereto, railway and statIonary engInes and upon all engines, logging plant or material and upon all railway lines and all automotive vehicles used in cutting, logging, transporting or manufacturing the timber ·and belonging to the person by whom the dues or taxes are payable or belong ing to any employee of such person.

(3) The lien shall constitute a first charge in priority to all other liens and to all incumbrances or charges created by any contract or arising under any Statute or otherwise howsoever, and shall confer the sanle rights and shall be recoverable in the same manner as the lien and rights of recovery of dues conferred by the provisions in that behalf of this Act, including an absolute unconditional power to sell. ( 4) The amount due may be recovered also by action or suit, in the name of the Minister or his agent, in any court of competent jurisdiction. 66.-

(1) Every purchaser of timber cut on public lands shall be held liable for the payment of dues thereon and the onus shall be upon the purchaser to prove that such timber is not liable in whole or in part to dues of any kind, and if such proof is not n1ade to the satisfaction of the Director, he may seize and detain such timber or an equivalent quantity of any other timber in the possession of the purchaser, and the timber may be dealt with as timber cut without authority, or on which dues have not been paid, according to the circum- . stances of the case, and the dues thereon may be recovered as provided in sections 63 to 65 inclusive.

(2) Any timber cut upon a berth, without a license having issued therefor may be seized as timber cut without authority and may be dealt with as provided in sections 63 to 65 in clusive. 67.-

(1) Each licensee shall pay in addition to the ground rent, dues, fees and timber areas tax one cent for each acre in his berth on account of the cost of guarding the timber from fire.

(2) Every person who uses or makes any false statement or oath to evade the payment of rental, dues, royalty, or tax payable to the Crown with respect to timber, or endeavours to convey out of the Province any timber in respect of which rental, dues, royalty, or tax is payable, without first paying the rental, dues, royalty, or tax, shall forfeit the timber in

23 respect of which payment of such moneys is attempted to be evaded, and shall, on

summary -conviction, be liable, in ad dition, to a penalty not exceeding five hundred dollars. 68.-

(1) All timber, before being put into a stream or lake to be floated to a mill, shall be marked with a stamp furnished by the licensee and approved by the Director.

(2) Timber not so marked in a conspicuous place may be seized by the Crown and confiscated, or penalty dues charged thereon as the Minister may de,cide. 69.-(1) , A licensee shall not have the right except as hereinafter provided, to cut timber measured twelve inches from the ground of a less diameter than set out in the license, except such as may be actually necessary for the construction of roads and other works to facilitate the taking out of merchantable timber.

(2) A licensee shall not have the right to cut any trees that may be designated by the proper officer of the Department as required to provide a supply of seed for the reproduction of the forest.

(3) Any tinlber cut in violation of this se~tion, in addition to the payment of the ordinary dues, shall be subject to a penalty not exceeding two dollars a tree.

(4) The Director, where clearing of timber is incidental to the use of the land for the growing of crops, may authorize by perrflit the cutting of timber of a less diameter than set out in the license subject to the payment of dues at the gen eral rates prescribed by the Lieutenant Governor in Council. (5) ''''here a license is granted which includes tracts of damaged, fallen, dead, diseased or fire-killed timber, the licensee may, in the discretion of the Director, be authorized to ,cut timber of a less diameter than set out in the license. 70.-

(1) All merchantable timber of a class authorized to be cut under license shall be cut and taken from the berth as cutting progresses, and any timber of that class left uncut and un removed after a date named in a notice, served on the licensee or his attorney, shall be estimated in feet board measure by a timber inspector, and shall be subject to payment to the Department, on demand, of dues at the rates prescribed under the license.

(2) The licensee shall not be l:equired to Cl~t and r~move timber which is deemed by the DIre,ctor to be InaccessIble. 71.-

(1) In the event of timber on a berth, of the class authorized to be cut, becoming fire-killed or dead and a re port being made by a timJ:>er inspe~tor that the same can be cut and marketed by the lIcensee WIthout monetary loss, the Director may require the licensee to cut and reIllove the same.

(2) All such timber left uncut and unremoved from the berth after a date named in a notice served upon the licensee,

24 or his attorney, shall be estimated in feet board measure by a timber inspector, and the licensee shall pay dues thereon at the rates prescribed under his license according to such estimate. 72. In any case where waters flowing through, over or along, or having their source in any berth, empty into any stream or are tributary to any stream from which a domestic or municipal water supply is or may be obtained or contain fish, or in any case where the pollution of any such water may, in the opinion of the Minister, deleteriously affect any water supply, the licensee of such berth shall comply with the following requirements: (

a) Locate all camp buildings, outhouses, cesspools, and other structures at a sufficient distance from any stream, bike or other source of water supply, to prevent the pollution of such water supply; (

b) Immediately remove and bury or burn any camp refuse or debris of any description, or any substance which would be likely to cause the pollution of any such waters, and otherwise keep the ground in the vicinity of all logging camps in a neat, orderly and sanitary condition; (

c) Prevent any depositing, leaving or accumplation in any stream, lake or other source of water supply within the berth, or in an exposed or unsanitary condition on the berth, any debris of any description, or any substance which would be likely to cause the pollution of such waters; (

d) Prevent the depositing or leaving by any person employed or purporting to be employed about the berth, or the accumulation as a result of any opera tions carried on by reason of the license in any stream, lake, or other source of such water supply on any public lands, whatever, or in any exposed or unsanitary condition on any such lands, of any such debris or substan,ce; (

e) Remove all camp buildings or other structures with in one year of the final expiry date of the license and any buildings or structures not removed shall be come the property of the Crown unless a miscel laneous lease is secured to cover the site; (

I) Observe all laws and regulations respecting sanita tion and the protection of the purity of waters which are applicable to the premises, or any regulations which may be promulgated by the Lieutenant Gover nor in Council, and also comply with any require ments which may be made by the Minister for the purpose of carrying out the above provisions. 73. For each infraction of the provisions of

section 72 !he l~censee sha!l, in addition to the other penalties provided In thIS Act, be lIable on

summary conviction to a penalty not

25 exceeding one hundred dollars, and such sum shall be re coverable with costs at the suit of and in the name of the Crown. 74. The licensee shall report immediately with full de tails to the Director regarding any fire having caused damage to the timber on a berth. 75.-

(1) Every license shall be liable to forfeiture on the order of the Minister, for violation of anyone of the con ditions to whi,ch it is subject or for any fraudulent return.

(2) Before making an order for forfeiture the Minister shall cause written notice to be given to the licensee that it is his intention so to do, upon the ground set forth in the notice, unless within sixty days after service of such notice the licensee shows cause to the contrary.

(3) Service of the notice may be effected by registered mail addressed to the address or the last known address of the licensee.

(4) In such case service shall be deemed to have been made upon the day on which notice is mailed.

(5) Every order made by the Minister pursuant to this

section shall be final and conclusive as against the licensee, and every person claiming by, through or under the licensee, and there shall be no appeal therefrom. 76. The licensee shall notify the Director immediately upon the erection of a saw-mill and shall describe its location. 77.-

(1) The owner or operator of a truck conveying over any public road or highway outside of an incorporated city or town, any product of the forest, either .cut or manu factured in the Province, shall in addition to any require ment of The Public Service Vehicles Act, have on his person each trip an invoice in duplicate obtained from the vendor describing in detail,- (

a) the material being conveyed; (

b) the name and address of the vendor; (

c) the vendor's certification thereon as to the land on which the material was cut; and (

d) the authority for such cutting.

(2) One copy of the invoice shall be retained by the operator or owner of the truck for a period of at least six months, and the other copy shall be handed to the purchaser.

(3) Any forest officer may require the operator of a truck conveying timber or any pr.oduct of ~he forest ove~ any public road or highway outSIde of an Incorporated CIty or town to bring his vehicle to a stop for inspection, and any person who fails to comply with such demand shall be guilty of an offence.

(4) Any timber or pr~duct of the ,forest bei,ng conveyed over any public road or hIghway outSIde of an Incorporated

26 city or town, for which the operator C?f th~ truck or .vehicle is unable upon demand to produce an InVOIce as requIred by subsection (1) may be seized as timber cut in trespass and dues may be recovered as provided in sections 63 to 65 in clusive.

(5) Any person who ,contravenes the provisions of this

section shall be guilty of an offence and liable on

summary conviction to a fine not exceeding one hundred dollars and costs, and in default of payment, to imprisonment for not more than three months and in the event of a second or con tinuing offence, to a fine of not less than one hundred dollars and in default of payment, to imprisonment for not less than six months. 78.-

(1) A mill owner doing custom sawing for settlers shall,- (

a) obtain a permit from the Director; (

b) notify the Director of the location of the mill and of each subsequent location to which the mill is moved during the season's operations.

(2) The fee for this permit shall be five dollars. (3) the mill owner shall keep records of all sa wing in the books provided by the Dire:ctor for the purpose, which books shall be forwarded to the said Director at the dose of each year's operations together with' all documentary evidence as to the origin of the timber sawn, as provided for in

section 79.

(4) The Minister may seize all timber in the mill yard together with the mill and equipment and may close the mill of any owner who fails to carry out the provisions of this section. 79.-

(1) Each mill owner shall require from each settler bringing timber to be sawn, proof that the same has not been cut on public lands or that it has been cut under authority in or~er that the mill owner may be able to give s.atisfactory eVIdence that the saw logs and lumber found in his posses sion have been lawfully cut.

(2) The name of the settler shall be recorded by the mill owner, who shall also record the quantity of the timber sawn by him, so that he may give an account or return there of if required by any officer of the Department. 80. Each licensee shall pay and discharge all rates, assess ments and taxes imposed by any statutory authority now charged or hereafter charged upon the said premises, as ?ccupant, or upon the licensee in respect thereof, or payable 111 respect thereof. 81.

All licenses, permits, notices or other documents not specifically provided for that are issned under this Act shall be si~ned by the .Director or by any officer of the Department specIally authorIzed thereto in writing by the Minif~ter.

27 82. If the licensee's goods and chattels in the lands de scribed in the license which are liable to distress are at any time. seized or t~ken in ex~cution,. or in attachment by any credItor of the lIcensee, or If the lIcensee makes any assign ment for the benefit of creditors or becomes bankrupt or in solvent, or takes the benefit of any Act that may be in force from bank!upt o~ insolvent debtors, the then current year's rent shall ImmedIately become due and payable and the said term shall immediately become forfeited and void. 83.-

(1) Except as otherwise provided in this Act, the holder of an unpatented sale shall not cut timber thereon for barter or sale without having first obtained a permit to cut such timber.

(2) Any moneys paid as dues may be refunded upon the obtaining of a notification issued pursuant to The Public Lands Act for the land prescribed in such permit. LIABILITY OF PERSONS CUTTING TIMBER WITHOUT AUTHORITY. 84.-

(1) If any person without authority cuts or employs or induces any other person to cut or assist in cutting any timber on public lands, or removes or carries away, or em ploys or induces or assists any other person to remove or carry away any timber so cut, he shall not acquire any right to the timber or any claim for remuneration for cutting it, preparing it for market, or conveying it to or towards market.

(2) When the timber has been removed out of the reach of the officers of the Department or it is otherwise found im possible to seize it, the said person shall incur a penalty not exceeding three dollars for each tree which, or any part of which, he is proved to have ~ut or removed or carried away, or assisted to cut or remove or carry away.

(3) Such sum shall be recoverable with costs, at the suit and in the name of the Crown in any court having jurisdic tion in civil matters to the amount of the penalty.

(4) In all cases the burden of proof of authority to do the thing charged shall lie on the person charged. 85.

Whenever any officer receives satisfactory informa tion supported by affidavit or statutory declaration made be fore a justice of the peace or before any other .competent officer or person, that any timber has been cut without authority on public lands, or if any officer from other sources of information or his own knowledge, is aware that any timber has been cut without authority on any such lands, he may seize or cause to be seized whenever fo~nd the timber so reported or known to be cut, together WIth any automobile, trucks, tools and equipment used in the cutting and transportation of the timber, and the timber, timber products, trucks, tools and equipment seized shall be liable to confiscation to His Majesty as provided by

section 100.

28 86.

If the timber reported or known to have been cut without authority has been made up with other timber into a crib, dam or raft, or in any other manner has, at any mill or elsewhere, been so mixed up with other timber as to render it impossible or very difficult to distinguish the timber cut without authority from the other timber, the whole shall be held to have been cut without authority, and shall be liable to seizure and forfeiture accordingly, unless the holder separates, to the satisfaction of the officer, the timber cut without authority from the other timber. 87.- (1) \Vhenever any officer is' in doubt as to whether any timber has or has not been cut without authority, or is or is not liable to dues on the whole or any part thereof, he may inquire of the persons in possession or in charge of the timber, as to when and where it was cut.

(2) If no satisfactory explanation, on oath or otherwise, as he requires, is given to him, he may seize and detain the timber until proof is made to the satisfaction of the Minister, or of the officer, that the timber was not cut without authority and is not liable, either in whole or in part, to dues of any kind.

(3) If such proof is not made within thirty days after the seizure, the timber may be dealt with as timber ,cut without authority, or on which the dues have not been paid, a'ccord ing to the circumstances of the case, and the dues thereon may be recovered as hereinbefore provided. 88.-

(1) All timber seized under this Act shall be deemed to be forfeited to the Crown unless the owner there of, or the person from whom it was seized, within thirty days from the day of the seizure, gives notice to the seizing officer or to the Director or officer under whose authority the seizure was made, that he intends to contest the seizure.

(2) If, within fifteen days thereafter, the -claimant has not instituted proceedings before a court of competent jurisdiction to contest the seizure, or if the decision of the court be against him, or if the 'Claimant fails to d~ly pro secute the proceedings, a judge having jurisdiction in the matter may for that cause dismiss the suit on the expiration of one month from the date on which it was instituted, then and in every such event the timber shall be deemed to be confiscated and may, after thirty days' notice posted up at the place where it is situated, be sold by public auction, by order of the Minister. 89.-

(1) The Minister, if he sees cause for so doing, in stead of proceeding to the forfeiture of timber cut without aut~~rity on public .lands, may impose a penalty which, in addItIon to all costs Incurred, shall be levied on the timber.

(2) In default of payment of the penalty and costs on cleman~, after a notice of fifteen days, he may sell the timber by puolic auction, and may, in his discretion, retain the whole proceeds of the sale, or the amount of the penalty and costs only. .

(3) In the event of there being no bid for timber put up at public auction under this

section or under

section 88, the Minister may dispose thereof by private sale. 90. Whenever any timber is seized for non-payment of dues, or for any cause of forfeiture, or any prosecution is instituted for any penalty or forfeiture under this Act, and any question arises as to whether the dues have been paid on the timber, or as to whether the timber was cut on other than public lands, the burden of proving payment, or of prov ing on what land the timber was cut, shall lie on the owner or claimant of the timber. 91. Any officer seizing timber in the discharge of his duty under this A'ct may, in the name of the Crown, call in any assistan,ce necessary for securing and protecting the timber so seized. 92.-

(1) Whenever any timber is seized under this Act if it is made to appear to the Minister by evidence satisfactory to him within thirty days following the date of the seizure that wages are owing to workmen for labour performed within six months previous to the date of seizure, in the pro duction of the timber or in converting the timber into deals, boards or any other manufacture of wood, the Minister shall cause inquiry to be made to ascertain the amount of wages owing and shall add the sum so ascertained to the amount due the Crown in respect of which the seizure was made, and such sums shall be recovered as hereinbefore provided by this Act.

(2) In ,case any dispute arises to the amount owing in re spect of any such wages, the Minister shall refer the dispute to a judge or local judge of the Supreme Court in Chambers, who shall summarily inquire into the same upon sU,ch notice to such persons as to him seems proper and he shall there upon certify his findings to the Minister and any findings so made shall be final and conclusive, and there shall be no appeal therefrom. TIMBER INFESTED WITH INJURIOUS INSECTS OR FUNGUS. 93.-

(1) Where any trees, timber, slash, brush or debris on any lands are found by the Forest and Parks Division to be infested with any species of inj urious insect or fungus un der such circumstances as, in the opinion of the Director, to constitute a menace to adjacent timber or a dangerous source for the spread of such insects or fungus, if the Director gives to the holder of any lease, li,cense or permit covering the lands in the case of public lands, or to the owner of the lands, in th~ case of other lands, notice in writing requiring the owner lessee, licensee or permittee, as the case may be, to dis pose of the trees, timber, slash, brush or debris so infested, in the manner directed in the notice, the owner, lessee, licensee or permittee to whom the notice is given shall forthwith dis pose of the infested trees, timber, slash, brush or debris as directed.

(2) The notice shall be deemed to be duly given to the owner, lessee, licensee or permittee when a copy has been mailed to him at his last known place of address and a copy has been posted in a conspicuous position on the land.

(3) Where the owner, lessee, licensee, or permittee re fuses or neglects to dispose of the trees, timber, slash, brush or debris in the manner directed in the notice, the Forests and Parks Division may enter upon the lands and cause the trees, timber, slash, brush or debris to be disposed of.

(4) All costs of disposing of the trees, timber, slash, brush or debris shall be borne by the owner, lessee, licensee or per mittee, as the case may be, and all moneys due from any owner, lessee, licensee or permittee in respect of any such disposal of trees, timber, slash, brush or debris by the Forests and Parks Division under this

section shall be payable upon demand of the Minister, and the Crown shall have a lien for the amount thereof, and for all expenses of seizure, detention, or sale incurred in enforcing the lien, upon the lands of the owner and upon the sawmills, engines, logging plant, and equipment of the owner, lessee, licensee or permittee, as the case may be, constituting a charge to the like extent and con ferring the same rights and registerable and enforceable in the same manner as the liens created by the provisions of this Act for the recovery of dues, including an absolute, un conditional power to sell.

(5) All moneys payable under this

section may also be recovered at the suit of the Crown in any court of competent jurisdiction. MISCONDUCT AT SALES. 94.-

(1) If, before or at the time of a public sale of a berth on public lands, any person by intimidation, combina tion or unfair management, hinders or prevents, or attempts to hinder or prevent, any person from bidding upon or purchasing any berth offered for sale, the offender and his or their aiders and abettors shall, for every such offence, be guilty of an offence, and liable on

summary conviction to a penalty not exceeding four hundred dollars, and in default of payment, to imprisonment for a term not exceeding two years. .

(2) Every person guilty of an offence pursuant to this Act for which no penalty is already prescribed shall be liable on

summary conviction to a penalty not exceeding five hundred dollars, and in default of payment to imprisonment for a ternl not exceeding six months, or to both fine and im prisonment. POWERS OF LIEUTENANT GOVERNOR IN COUNCIL. 95. The Lieutenant Governor in Council from time to time may make regulations,- (

a) governing the disposition of timber for which no provision is made by this Act;

31 (

b) wherever it is desirable or essential that timber cut in any lumbering operation shall be scaled,- (

i) requiring that the timber be scaled by a licens ed scaler; (ii) requiring the examination of applicants for scaler's licenses; (iii) prescribing the responsibilities of lumbermen and duties of licensed scalers; (iv) prescribing the log scale that shall be the official scale and shall be used for the measurement of all tinlber; (

v) prohibiting the manufacture, export or removal from the Province of any timber until it has been scaled; (

c) for insuring the future forest crop of any timber leasehold or timber limit; (

d) governing the standards of utilization, methods of logging, reservation of seed trees, and disposal of debris in respect of any timber leasehold or timber limit; (

e) for insuring renewal of the forest crop by the leaving of trees for seed purposes on any lands unsuitable for agriculture as may be determined by the Minister; (

I) providing that any statement or return required by this Act or by any regulations made under it shall be verified on oath; (

g) establishing a tariff of fees for all leases, licenses, permits, and other agreements, and for all copies of maps, plans, field notes, documents, papers or other records or documents of the Department, and for~the registration of assignments therein and for any other purposes whatsoever required by this Act. (

h) presc-ribing the forms to be used under this Act and for which no specific provision is made or which may be necessary or expedient in any special case; (

i) respecting any other matter or thing not inconsistent with this Act, deemed necessary to carry out the provisions of this Act according to their true intent, or to carry out the agreement of transfer, or to meet cases which may arise and for which no provision is made by this Act. 00. The Lieutenant Governor in Council may,- (

a) enter into an agreement, to be described as a forest management license, with any person for the man agement of public lands specified in the agreement and reserved to the sole use of the licensee for the purpose of growing continuously and perpetually successive crops of forest products to be harvested in approximately equal annual or periodic cuts adjusted to the sustained-yield capacity of the lands in the area covered by the license; or

(b) 32 enter into an agreement, to be known as a forest management license, with the owner of other tenures to combine such other tenures and public lands into a single unit reserved by mutual consent and con tract to the sole use of the licensee for the like purpose. 97. The Lieutenant Governor in Council may reinstate any sale, lease, license or permit that has been ,cancelled or forfeited upon such terms and conditions as he may prescribe if the application for reinstatement is made within six months of the date of cancellation or forfeiture. 98.-

(1) A copy of each regulation or order made by the Lieutenant Governor in Council under the authority of this Act shall be published in The Alberta Gazette and thereupon it shall have the same force and effect as if it had been enacted by this Act.

(2) All such regulations shall be laid before the Legisla tive Assembly within fifteen days after the opening of the first session following the due publication of the -regulations in The Alberta Gazette. SEIZURES. 99.-

(1) Notwithstanding anything in The Seizures Act or any other Act to the contrary, in case any default is made in the due payment of any rent or any money payable by way of rent or on account of any dues or royalties, or on account of any purchase price, which are payable to the Crown in the right of the Province under and by virtue of any lease, license, permit, agreement for sale or other instrument made, entered into or issued pursuant to any of the provisions of this Act or of any Act of the Parliament of Canada, then and in every such case and whether the same is demanded or not, the Crown shall have the right to levy the same by distress,- (

a) in case the sum for which distress is levied is for rent, -royalties and dues, or any of them, payable in respect of any products of the forest, upon all or any of the goods and chattels which shall then be found in, on or about any property which is used or occupied for the purpose of timber operations or the cutting and getting of any timber, as the case may be, notwithstanding that the same may be subject to any mortgage, lien or other incumbrance, if the timber or other products of the forest are held of the Crown under any lease, license, permit, agreement for sale or other instrument, by the person who is liable for the payment of the sum for which the distress is made or by any other person claiming by, through or under-him; (

b) in all other cases, upon all or any of the goods and chattels which shall then be found upon any land

whatsoever which is for the time being owned by or in the occupation of or under the control of the person for the time being liable for the payment of the rent or pur,chase price in respect of which the distress is levied, notwithstanding that the saIne may be subject to any mortgage, lien or other incum brance.

(2) For the purpose of levying any distress under this section, the Minister is hereby empowered for and on behalf of the Crown to issue a distress warrant under his hand addressed to the sheriff of the judicial district within which is situate the premises upon which the distress is to be made, directing him to l~vy by distress the sum Inentioned therein lJPon .the goods and chattels found upon the premises speci fied therein, and upon receipt of any such warrant, the sheriff shall execute it by the seizure, and unless he is sooner paid, by the sale of the goods and chattels seized, and every seizure and sale shall be subJect to the provisions of The Seizures Act.

(3) The forfeiture, cancellation or surrender of a lease, license, permit, agreement for sale or other instrument shall not debar or nullify any proceedings taken under this section, whether before or after the occurrence of the forfeiture, seizure or cancellation and all proceedings taken shall be 'continued as if the lease, license, permit, agreement for sale or other instrume'nt were in force and effect. : 1.00.- ( 1) When any property is seized under

section 85, the person making the seizure shall without delay make a report in writing to the Minister and shall hold the property .under seizure until such time as he has received from the Minister directions as to the further disposition thereof.

(2) The Minister upon the re,ceipt of any such report and upon being satisfied thereby that the property is liable to.confiscation to His Majesty, may by writing declare that the property is confiscated, and thereupon the property shall become the property of His Majesty and all rights of property existing therein immediately before the making of the order shall cease and determine.

(3) The Minister may cause the property to be sold in such manner and subject to such terms and conditions as he may prescribe or he shall order ~he ~eturn of the pr.operty to the person in whose possessIOn It was at the hme of seizure. EVIDENCE. 101. Copies or photostatic copies of any records, docu ments plans books or papers belonging to or deposited in the D~partm~nt, attested under the signature of the Minister, Director, or any ,chief clerk or offi~er thereunto au.thorized by the Minister, attested as aforesaId, or under the SIgnature of the officer in charge of the office, shall be competent

34 evidence in all cases in which the original documents, books, plans or papers would be evidence. 102. Lithographed or other copies of maps or plans purporting to be issued or published by the Department, the Department of Public Works, or the Government of Canada, shall be received in all courts and proceedings, as prima facie evidence of the originals, and of the contents thereof. 103.

All affidavits, oaths, statutory de,clarations or solemn affirmations required to be taken or made under this Act, except as herein otherwise provided, may be taken before the judge or clerk of any court, or any justice of the peace, or any commissioner for oaths, or any notary public, or any officer or any person specially authorized by this Act or by the Lieutenant Governor in Council to take or recei ve the same.

SUMMARY PROCEEDINGS RESPECTING FORFEITURE AND TRESPASS. 104.-

(1) Ths occupation of public lands without lease, license, permit, contract or agreement nlade pursuant to this Act, gives to the occupant no right thereto and the occupant may be ejected as a trespasser and any improve ments made by him shall thereupon be forfeited to the Crown.

(2) The Minister may, by notice in writing, require any person who is for the time being in the occupation of any public land otherwise than pursuant to a right granted pur suant to this Act, to forthwith 'cease his occupation and vacate the land, and any person who does not comply with the noti,ce forthwith upon the service thereof upon him, shall be guilty of an offence and liable on

summary convic tion to a fine of not more than one hundred dollars and costs, and in default of payment to imprisonment for a term of not more than sixty days. :105.-(1) '\Then any person refuses or fails to cease using, possessing or occupying any land which he is wrong fully or without lawful authority using, possessing or occupying, or refuses or fails to deliver up possession of any land after his right to use, possess or occupy it has been declared forfeited under the provisions of this Act, the ]\iinister or any officer or agent of the Department authorized by ~he Minister for that purpose may apply by originating notlce returnable before a judge or local judge of the Supreme Court in Chambers for an order for possession of the land so used, possessed or occupied.

(2) Every such originating notice shall be served upon the person or persons to whom it is addressed at least thirty days before the date on which it is returnable.

(3) Service may be made in any manner provided by the Rules of Court, or by leaving a copy thereof with a

35 grown-up person found on the land, and by putting up another copy in some conspicuous place- thereon, or, where no grown-up person is found on the land, by putting up a copy in each of two conspicuous places on the land.

(4) Except as otherwise provided herein, the Rules of the Supreme Court shall apply to any application under this

section and to subsequent proceedings. 106. Any person remaining upon public lands or return ing thereto, or assuming any right of possession or occupancy or use thereof after an order for possession has been granted against him, shall be guilty of an offence and liable upon

summary conviction to a fine not exceeding three hundred dollars or to imprisonment for a term I\ot exceeding six months, or to both fine and imprisonment. OFFENCES AND PENALTIES. 107.-

(1) Any person who violates any provision of this Act or of the regulations shall be guilty of an offence.

(2) Any person upon whom the performance of any act or the fulfilment of any duty is imposed by any provision of this Act or of the regulations, and whether by express words or necessary intendment, who refuses, neglects, or fails to perforn1 such act or to fulfil such duty, as the case may be, shall be guilty of an offence.

(3) Any person who unlawfully destroys, defaces, or removes any notice posted by any officer of the Forests and Parks Division as a fire warning, or for any purpose of this Act, or purporting to give information respecting the ownership of any property shall be guilty of an offence.

(4) Any person guilty of an offence against this Act for which no specific penalty is otherwise provided, shall be liable on

summary conviction to a penalty of not less than twenty-five dollars and not more than three hundred dollars.

(5) In any prosecution or action brought against any person for any contr~vention of this A~t! the b~r~en of proving that the reqUIrements and prOVISIOns of thIS Act ha ve been complied with shall be upon the defendant. MISCELLANEOUS. 108. Whenever any expenditure is incurred by the De partment in preventing or extinguishing fire on any land, the owner of the land shall on demand pay to the Minister such amount as the Minister may fix as the amount of the expenditures chargeable in respect of the land. 109.

If a1J.Y money payable under ~ny sale, lease, license Or permit is not paid within one m?nth from the date on which it became due, it shall bear Interest at the rate of five per cent per annum from the due date.

36 110.-

(1) A receipt for a payment on account of any sale, lease, license, permit or other agreement, unless the sale, lease, license, permit or other agr:eement has been forfeited, revoked or cancelled, shall entitle the person to whom it was issued and any person lawfully .claiming by, through or under him, to take, occupy and use the land described in the receipt and to hold possession of it to the exclusion of any other person, and to bring and maintain actions for trespass committed on the land.

(2) The land shall not be liable to be taken in execution.

(3) The occupancy, use and possession of the land shall be subject to the conditions of the sale, lease, license, permit or other agreement, and to the provisions of this Act and of any other Act or regulation affecting it. 111.

Any moneys realized from the disposition of any timber on school lands after deducting the cost of manage ment shall be paid annually into the General Revenue Fund of the P.rovince towards the support of schools organized and carried on in ac-cordance with the law of the Province, and the moneys so p.aid shall be distributed for that purpose by the Government in such manner as it deems expedient. 112.

For the purposes of this Act, any lease, contract, agreement or other instrument made pursuant to any of the provisions of this Act whereby any person enters into any obligation with the Crown shall, in the case of a body cor porate, be deemed to be sufficiently executed if sealed with the corporate seal of the body corporate and countersigned by one officer of the 'corporation, notwithstanding anything contained in any statute, or charter of incorporation, or memorandum of association, or articles of association to the contrary. 113.

Notwithstanding the terms or prOVISIOns of any lease, license or permit now subsisting made by the Province or by the Dominion of Canada or which may be granted pursuant to the terms of this A'ct, the demand or acceptance of rent in respect of any lease, license or permit shall not be deemed a waiver of the right of the Minister to enforce the observance of any covenant, condition or regulation made whilst the demised premises are held, or the right to forfeit the lease for breach of any covenant, condition or regulation committed before the making of the demand or the accept ance of the rent. 114.-

(1) No lessee, licensee, permittee or purchaser of a berth shall, without the consent of the Department in writing, do any act or thing calculated or likely to be to the detriment of the surfa.ce of the land unless expressly authorized so to do by the terms of the sale, lease, license or permit.

(2) Any minor whO' has acquired frO'm the CrO'wn in the right O'f the PrO'vince, any agreement O'f sale, lease, license, permit or any O'ther fO'rm O'f agreement relating to' O'r affect ing lands under the prO'visiO'ns O'f this Act 0'1" the regula tiO'ns, shall nO't assign, transfer, sublet O'r part with the PO'ssessiO'n O'f any such agreement O'f sale, lease, license, permit O'r O'ther form O'f agreement, unless and until the minO'r has attained the full age O'f twenty-one years.

(3) UpO'n attaining the age of twenty-one years the minor shall forthwith ratify and confirm the agreement of sale, lease, license, permit, or other form of agreement entered intO' by the minO'r and the CrO'wn in the right of the PrO'vince, and if he fails to' dO' so within a reasonable time after reaching his majority the Minister may cancel the sale, lease, license, permit or O'ther form of agreement. 115. All covenants and conditions contained in or im posed by any agreement, lease, license or permit granted to' any minor of the age of eighteen years or upwards shall be as binding UPO'n the minor as if he were of full age.

PART III. PREVENTION OF FOREST AND PRAIRIE FIRES. APPLICATION OF PART. 116. This Part applies to all lands within the Province except lands included within the corporate bounds of any city, town or village, and applies in addition to all other statutO'ry provisions applying to municipal districts, and does not repeal, abrogate or derogate from any such other statutory provision 0'1" any municipal by-law made pursuant to' any such other statutory provision. 117.

For the purposes of this Part, in any case where reference is made to' a municipal district, and the land in question lies within an improvement district or within a special area, the terms "municipal district", "reeve", "deputy reeve" or "council" shall be deemed to mean "improvement district" or "special area", and "Minister of Municipal Affairs" and "Deputy Minister of Municipal Affairs", as the case may be. REGULATIONS. 118. The Lieutenant GovernO'r in Council may from time to time make regulations,- (

a) for the prevention and extinguishing of fires; (

b) for granting permits for the use O'f fire, fO'r clearing land and for disposal of debris and O'ther inftam mabie waste, and for industrial purposes; the con-

38 ditions under which such permits may be granted; the precautions to be taken in the use of fire under permit, and the appliances, implements and appar atus to be kept at hand by the holders of permits; (

c) prescribing the circumstances and conditions under which fire may be set or used for any su,ch purposes without the issue of a permit therefor; (

d) governing the use of fire out of doors for branding, cooking or obtaining warmth; (

e) providing for the making of fire-guards and the taking of other precautionary measures when, owing to drought or other circumstances, the danger of fire makes it desirable so to do; (

I) regulating or preventing the piling or accumulating of brushwood, debris and other inflammable ma terial; (

g) empowering the Minister or any person authorized by him to enter upon the lands of any person for the purpose of removing, destroying and disposing of any such inflammable substance and providing that the cost of the work shall be borne by such person and be recoverable by action at the suit of the Minister in any court of competent jurisdiction; (

h) prescribing and regulating the use of fire protective appliances on locomotive engines, logging engines, portable engines, traction engines, stationary en gines or other engines and requiring the use of such appliances and prescribing the precautions to be taken for preventing fires being caused by the use or operation of any such engines; (

i) providing for the collection of the ,cost of any work done by the Minister or any person authorized by him or by a municipal district under the author ity of this Act; (

j) generally for the better carrying out of fire pre vention and the provisions of this Act; (

k) prescribing penalties for the violation of the regu lations; (

l) prescribing and regulating the use of combines, combined harvesters, headers or stationary engines, harvesting and threshing equipment, bailers or hay presses, automotive nlachinery, appliances, and equipment of every kind and nature using liquid fuel for the generation of power; (

m) requiring that any electrical equipment or electrical work shall meet the standards and specifications of The Electrical Protection Act. APPOINTMENT OF OFFICERS. ~19.-

(1) All members of the Royal Canadian Mounted P?hc~, the reeve, secretary and councillors of each municipal dIstrIct, forest officers, game officers, fishery officers and such

39 other persons as may be appointed by the Minister shall be ex officio fire guardians. '

(2) The council of every municipal district shall at its first meeting in each year appoint fOT each division of the district from among the resident taxpayers thereof a fire guardian, and immediately upon the appointment of any fire guardian notification of his appointment shall be sent to the Director.

(3) Persons nominated by the Director, timber licensees, timber permittees, grazing lessees, or the councils of muni cipal districts may be appointed by the Minister in writing as honorary fire guardians who shall serve without salary or other remuneration.

(4) All fire guardians shall have power to enforce the provisions of this Act or of any regulations made hereunder, or of any by-law passed by a municipal district with respect to the p-revention, suppression of or protection against prairie, forest, ground or bush fires. 120.-

(1) Fire guardians in addition to those authorized by

section 119 may be appointed by the Minister in writing at the request of the owner of any land desirous of providing additional protection for such land from fire.

(2) Every fiTe guardian appointed pursuant to this

section shall be remunerated for such services by the owner of the land, and shall have power to enforce the provisions of this Act and the regulations upon and adjacent to such land. POWERS OF THE MINISTER. 121. The Minister may from time to time,- (

a) in the public interest, restrict or extend the close season either generally or as to any particular area (b) (

c) or areas; issue, -cancel, suspend, or reinstate in his discretion any permit or license permitted or required by this Act; make such orders as hp. may deem necessary or expedient for the effective administration of this Act, or for the carrying out of the provisions of this Aet according to their true intent. 122.-

(1) Whenever, owing to fire hazard conditions, the Minister in his opinion deems it necessary or expedient to close any area whether forest or prairie and to shut out therefrom all persons except such as are ~pecifi~~lly auth.or ized the Minister may make an order In wrItIng settIng out 'and delimiting the closed area and requiring anyone wishing to enter or travel about therein during the close season to obtain a travel permit.

(2) Any such order nlay contain any terl!ls and CO~l ditions which may be necessary for the preventIon of fire In the closed area.

(3) The Minister may from time to time by order reduce or extend the closed area or may terminate the same. .

(4) The Minister may provide for such notice as may be possible under the circumstances, and shall publish a notice of the order setting out the area closed in such papers 'as in the opinion of the Minister will give the greatest publicity~ POWERS AND DUTIES OF OFFICIALS. 123. Any authorized forest officer may issue a travel permit without charge if he is satisfied that the applicant is a fit and proper person to have a travel permit. 124.

Any person using or travelling in any forest area shall upon request give any forest officer or fire guardiari information as to his name, address, route to be followed, location of camps and any other information pertaining to himself or to the protection of the forest or forest area from fire which may be required by such forest officer or fire guardian. 125.

The Director and every forest offi.cer and fire gu.ardian acting under his direction, shall have the right while in the performance of his duties under this Act, to enter into and upon any lands and premises other than a private dwelling, store, store house, office or farm building. 12 1 6.-

(1) Any forest officer, any ex officio fire guardian, and within a municipal district any fire guardian appointed by the council of the municipal district may, personally or otherwise, notify as many male persons over sixteen years of age and under sixty years of age as he may deem neces sary, residing or being within twenty-five miles of any prairie or ground fire or within fifty miles of a forest fire, to proceed to the fire taking with them such horses, ploughs and other appliances as they may possess and are requested by the forest officer or fire guardian to take with them, for extinguishing or preventing the spread of fire.

(2) Where any forest fire is burning in or threatening merchantable timber at a distance of more than fifty miles from any settlement or other source of labour, any forest officer or ex officio fire guardian may notify as many male persons over sixteen years of age and under sixty years of age as he may deem necessary to proceed to the fire and to take whatever action is required to extinguish or prevent the spread of fire. .

(3) On arrival at any such fire such persons shall endeav~ our to extinguish it in accordance with the directions given by the forest officer or fire guardian.

(4) This

section shall not apply to railway station agents, conductors, engineers, trainmen, firemen and 'brakemen b.oat crews, commercial radio or telephone operators, line~meri,

41 tele~raphers, bus drivers, air pilots and despatchers on duty, medIcal doctors, postmasters, or persons physically unfit. 127.-

(1) Upon information being received by the reeve of a municipal district, or in the absence of the reeve, the deputy reeve, that a timber, brush, prairie or ground fire in the municipal district is in progress, the reeve or deputy reeve, as the case may be, shall make inquiry as to the fire, and he shall require the services' and summon the assistance of such male persons eligible to be called by a fire guardian who may in his discretion be necessary and available for the purpose of fighting and extinguishing the fires.

(2) Where any such fire is found to be due to a breach of the provisions of this Act, or to a breach of the regulations or of any by-law passed by a municipal district with respect to the prevention, suppression of or protection against prairie, forest, ground or bush fires, the cost of extinguishing the fire shall be paid by the council of the district, and shall be chargeable to the person convicted of the breach, and if not paid by such person within thirty days of the conviction, the same shall be a charge on the land of such person and the council may lodge a caveat for the protection of the charge in the proper Land Titles Office and the cost of any such work may also be recoverable by action at the suit of the municipal district in any court of competent jurisdiction.

(3) Where any fire within an improvement district is found to be due to a breach of the provisions of this Act, or a breach of the regulations, the cost of extinguishing the fire shall be paid by the Department, and shall be chargeable to tbe person convicted of the breach, and if not paid by such person within thirty days of the conviction, the same shall be a lien upon the land of such person and the Minister may lodge a caveat for the protection of the lien in the proper Land Titles Office, and the cost of any such work may also be recoverable by action at the suit of the Minister in any court of competent jurisdiction. 128.

Wherever any forest officer or fire guardian finds upon the land of any person conditions e.xisting which, in his opinion may be the cause of danger to hfe or property from fire the Director may order the owner or person in control of the land to take any action necessary to remove the danger, and if such person fails ~o comply wit? the order within the time named by the DIrector, the DIrector may enter upon the land with such assistants as he may deem necessary for the purpose of removing the source of danger and the cost of any work done by the Director or his assist ants shall be borne and paid by the owner and shall be recoverable by the Minister by action in any court of com petent jurisdiction. 129.-

(1) Where it appears to the reeve of a municipal district, or in the' absence of the reeve, the deputy reeve, that the condition of any land in the municipal district is a

42 source of danger from fire to property in the muni~ipal dis trict, he may report the facts in writing to the Director.

(2) The Director shall make inquiry as to the conditions described in the report and shall report the result of his inquiry to the council with his recommendation as to what action, if any, should be taken thereon.

(3) Where the Director finds that cause for complaint exists the council may give notice to the owner of the land, directing him within a time to be named in the notice to remove as far as possible all source of danger from fire, and requiring him to comply with such of the recommendations of the Director as are set out in the notice. 130.-

(1) Where it appears to the reeve of a municipal district, or in the absence of the reeve, the deputy reeve, that the condition of any land immediately adjacent to the muni cipal district is a source of danger from fire to property in the municipal district, he may report the facts in writing to the Director.

(2) The Director shall make inquiry as to the conditions described in the report. (3) "Vhere the Director finds that cause for complaint exists,- (

a) if the land is situated within a municipal district he shall inform the reeve of the muni,cipal district in which the land is situated as to the source of danger from fire together with any other pertinent facts; (

b) if the land is not situated within a municipal district, the Director shall give notice to the owner of the land directing him within a time to be named in the notice to remove as far as possible all source of danger from fire, and requiring him to comply with such directions as are set out in the notice. 131. In any case where the Director or any other forest officer finds any operation being conducted without a permit as required by

section 134, he may in addition to any penalty imposed serve a notice in writing requiring that the opera tion cease until the necessary permit has been secured. 132. Where any responsibility is placed upon the Director for the carrying out of any act, matter or thing, the Director may delegate this authority in writing to a forest officer or fire guardian. 133.

Any member of the Royal Canadian Mounted Police and such officers and employees of the Forests and Parks Division as the Lieutenant Governor in Council may appoint as constables for the enforcement of the provisions of this Act, may arrest without warrant any person found violating any provision of this Act and take him before a justice of the peace and there make complaint.

43 CLEARING, MILLING AND OTHER OPERATIONS. 134.-

(1) Every person shall, in addition to any other requirements, obtain from the Director a written permit irrespective of close or open seasons before,- (

a) clearing a right-of-way for any railway not subject to the jurisdiction of the Board of Transport Com missioners for Canada, or for any road, trail, tele phone line, telegraph line, power transmission line, pipe line, tote-road, ditch, flume or other works; (

b) carrying on any woods operation of any kind liable to cause the accumulation of any slash or debris on any land; (

c) operating any mill for the manufacture of lumber, laths, shingles, sawn ties, veneer, cooperage stock or any other forest product; (

d) engaging in the cutting up, barking or rossing of wood.

(2) The application for the permit shall state the loca tion of the proposed operation or mill, the character thereof, the number of men to be employed, the location of camps and the probable duration of the operation.

(3) All permits shall expire on the thirty-first day of March next after the date thereof and shall be subject to renewal only upon compliance with the terms thereof and with the provisions of this Act and the regulations made hereunder. 135. The Director may in his discretion,- (

a) refuse a permit for any operation or limit the period during which the operation may be carried on; (

b) require that any person carrying on any operation under and by virtue of a permit granted pursuant to

section 134 shall keep and nlaintain sucll compe tent men and fire-fighting equipment in good repair and at such specified locations as the Dire.ctor or other authorized forest officer nlay deem necessary for the control of fires which might be caused either directly or indirectly by the operation. 136.-

(1) Every person,- (a.) clearing a right-of-way for any railroad not subject to the jurisdiction of the Board of Transpor~ Com missioners for Canada, or for any road, traIl, tele phone line, telegraph line, power transmission line, pipe-line, tote-road, ditch, flume, or other works; or (

b) carrying on any woods operation of aoy kind liable to cause the accumulation of any slash or debris; shall as rapidly as the clearing or cutting progr.esses, and the weather conditions permit, or at such other time as the Director may direct, pile and burn on the right-of-way or

44 in open spaces removed from standing timber all refuse, timber, brush or other inflammable material cut or accumu lated thereon, and all such burning shall comply with the provisions of this Act, and the regulations.

(2) Any person who within three hundred feet, of the right-of-way of any railway causes any accumulation of inflammable debris, shall immediately pile a:nd dispose of the debris in a manner satisfactory to the Director, subject to the requirements of this Act concerning burning permits.

(3) Every person having charge of a 'camp, mine, saw mill, portable or stationary engine, using liquid fuel in the generation of power, and located in, or within one-half mile of any forest or forest land, shall have the area sur rounding the camp, mine, saw-mill or engine cleared of inflammable material for a distance of at least three hundred feet and for such further distance as the Director may in his discretion require by notice in writing. 137.-

(1) Nothing in this Act shall prevent any railway company not subject to the jurisdiction of, the Board of Transport Commissioners for Canada or its employees from burning over the land held by it under its right-of-way and the land adjoining the same to an extent not exceeding three hundred feet in width on each side of the centre line of the railway.

(2) Every person causing, commencing or in charge of any such burning shall cause the same during the whole period of its continuance to be watched and guarded by a sufficient number of men provided with suitable appliances for extinguishing fire.

(3) This

section shall not relieve any person from liability under this Act if any fire so started escapes or runs at large. PROHIBITIONS. 138. During the close season no person shall set out fire except under circumstances and subject to the 'conditions prescribed by this A,ct or the regulations. 139. No ,p.erson shall enter or travel in any closed area unless he is the holder of a travel permit specifically author izing him so to do. 140. No person shall during the close season,- (

a) use or operate within a quarter of a mile of any for~st, slashing or bush land, any locomotive, logging engme, portable engine, traction engine, stationary engine or other engine, which is not provided with a practical and efficient device for, preventi,ng the escape of fire or live coals from smoke stacks, ash pans, fire boxes or other parts and which does not

comply, in every respect with any regulations: for t~e time being ~a~e and' in for,ce under and' by vIrtue of the prOVISIons of this Act; '(b). destroy any wood or waste material by fire within any incinerator, burner or destructor op€rated at or' near any mill or manufactory or operate any power-producing plant using in connection there with any smoke stack, chimney or other spark emitting outlet, without installing and maintaining on the incinerator, burner or destructor or on the smoke stack, chimney or spark-emitting outlet a safe and suitable device for arresting sparks, com plying in all resp

Document details

Collection	Alberta — Bills
Citation	L11 S1 7237
Type	bill
Volume / chapter	L11 S1 7237
Language	en
Format	json
Source	PROVINCIAL
Identifier	f060dc02e8d398582201e83490a61f187ed5fd7e

Source file is stored in the law ingest library (json).