BILL 59

An Act Respecting Unpaid Fines

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

Crown Lands and Forests Act

1 The Crown Lands and Forests Act, chapter C-38.1 of the Acts of New Brunswick, 1980, is amended by adding after section 56 the following:

Prohibition respecting sale of timber

56.01( 1) In this section, “administered Act” means

( a)  the Crown Lands and Forests Act;

( b)  the Endangered Species Act;

( c)  the Fish and Wildlife Act;

( d)  the Forest Fires Act;

( e)  the Protected Natural Areas Act;

( f)  the Species at Risk Act; and

( g)  the Transportation of Primary Forest Products Act.

56.01( 2) If an individual who is convicted of an offence created by an administered Act or the regulations under an administered Act fails to pay within the required time the full amount of the fine imposed for the offence, the Minister shall not sell timber or the right to cut timber on Crown Lands to that individual under subsection 56(1) until the individual pays the full amount of the fine.

56.01( 3) Despite subsection (2), if an individual is convicted of an offence under subsection 67(1), the Minister shall not sell timber or the right to cut timber on Crown Lands to that individual under subsection 56(1) until the later of the following:

( a)  the date the individual pays the full amount of the fine imposed for the offence; and

( b)  the expiration of the applicable period of time referred to in section 67.02.

Fish and Wildlife Act

2 The Fish and Wildlife Act, chapter F-14.1 of the Acts of New Brunswick, 1980, is amended by adding after section 100 the following:

Prohibition from obtaining or applying for a licence or permit

100.1( 1) In this section, “administered Act” means

( a)  the Crown Lands and Forests Act;

( b)  the Endangered Species Act;

( c)  the Fish and Wildlife Act;

( d)  the Forest Fires Act;

( e)  the Protected Natural Areas Act;

( f)  the Species at Risk Act; and

( g)  the Transportation of Primary Forest Products Act.

100.1( 2) If a person who is convicted of an offence created by an administered Act or the regulations under an administered Act fails to pay within the required time the full amount of the fine imposed for the offence, he or she is not entitled to obtain or apply for a licence or permit under this Act or the regulations under this Act until he or she pays the full amount of the fine.

100.1( 3) Despite subsection (2), if a person is convicted of an offence referred to in section 95.1, 95.2, 96, 96.1, 97, 98, 98.1 or 99 or an offence under the Protected Natural Areas Act referred to in section 99.1, he or she is not entitled to obtain or apply for a licence or permit under this Act or the regulations under this Act until the later of the following:

( a)  the date he or she pays the full amount of the fine imposed for the offence; and

( b)  the expiration of the applicable period of time referred to in those sections.