BILL 6
An Act to Amend the
Crown Lands and Forests Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section
4 of the Crown Lands and Forests Act, chapter C-38.1 of the Acts of
New Brunswick, 1980, is repealed and the following is substituted:
4 The Minister, with the approval of the
Lieutenant-Governor in Council, may enter into agreements with the
following persons or bodies for any purpose related to this Act or
the regulations:
(a) the government of Canada or of another
province, territory or jurisdiction;
(b) a department, agency, or body under
the jurisdiction of the government of Canada or of another province,
territory or jurisdiction;
(c) a band council as defined in the Indian Act (Canada);
(d) a municipality or rural community;
or
(e) any person or group of persons.
2 The
Act is amended by adding after section 24 the following:
Pledging of lease as security
24.1(1) A lessee shall not pledge a lease as security for a debt except
with the written consent of the Minister, and any pledge of the lease
without the consent of the Minister is void.
24.1(2) A lessee may only pledge his or her lease as security for a debt
if the debt is incurred for a purpose that relates to the permitted
and approved use of the lands under the lease.
24.1(3) The Minister may enter into a non-disturbance agreement with
a lessee and any person who accepts the pledge of a lease as security
for a debt.
3 Section 82 of the Act is amended by adding
after subsection (2) the following:
82(3) The Minister shall not grant any portion of a reserved road unless
the Minister is satisfied that the area intended to be served by that
portion of the road is served by other access.
82(4) The grant of any portion of a reserved road extinguishes the
right of the public to passage on that portion of the road when the
grant is registered in a registry or land titles office.
82(5) The registration of a grant made pursuant to this section before
the commencement of this subsection shall be deemed to have extinguished
the public’s right of passage over that portion of the reserved
road to which the grant applies.
4 The
Act is amended by adding after section 82 the following:
Closing of reserved road
82.1(1) The Minister may close a reserved road or any portion of a reserved
road to travel by any class of vehicle or by any person or class of
persons for all or any part of the year.
82.1(2) The Minister shall not act under subsection (1) unless the Minister
is satisfied that the area intended to be served by that portion of
the road is served by other access.
82.1(3) Where the Minister closes a reserved road or portion of a reserved
road to travel, the Minister shall post or erect signs and barricades
to indicate that the road or portion has been closed to travel.
Offence and penalty
82.2(1) No person, without lawful authority, shall
(a) travel on a reserved road or portion
of the reserved road that has been closed to travel, notice of which
has been given pursuant to subsection 82.1(3),
(b) remove or deface a sign or a barricade
posted or erected by the Minister pursuant to subsection 82.1(3),
(c) barricade or post signs on a reserved
road, or
(d) leave a vehicle or any equipment
unattended on a reserved road in such a manner as to prevent the passage
of another vehicle.
82.2(2) A person who violates or fails to comply with subsection (1)
commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.
82.2(3) In a prosecution with respect to an offence under subsection
(1), where a sign is posted on a reserved road indicating that a reserved
road or portion of a reserved road has been closed to travel by any
class of vehicle or by any person or class of persons for all or any
part of the year, or where a barricade is erected on a reserved road,
the sign or barricade shall, in the absence of evidence to the contrary,
be deemed to have been posted or erected, as the case may be, by the
Minister.
5 Section 83 of the Act is amended
(a) by adding
after subsection (4) the following:
83(4.1) The title to the freehold of the portion of a reserved road
referred to in subsection (4) does not vest until the order referred
to in subsection (3) is registered.
(b) by adding
after subsection (5) the following:
83(6) The discontinuance of a reserved road extinguishes the public’s
right of passage over the road when the order effecting the discontinuance
is registered in a registry or land titles office.
83(7) The registration of an order of discontinuance made pursuant
to this section before the commencement of this subsection shall be
deemed to have extinguished the public’s right of passage over
that portion of the reserved road to which the order applies.