Bill 3 - An Act to Amend the Crown Lands and Forests Act

BILL 3

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 1 of the Crown Lands and Forests Act, chapter C-38.1 of the Acts of New Brunswick, 1980, is amended by adding the following definitions in alphabetical order:

“conservation officer” means a conservation officer referred to in subsection 5.1(1), (2) or (4); (agent de conservation)

“Department” means the Department of Natural Resources; (ministère)

“firearm” means a firearm as defined in the Fish and Wildlife Act; (arme à feu)

2 Section 5 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

5( 1) The Minister may appoint the following persons to be forest service officers for the purposes of this Act and the regulations:

(a) persons employed within the Department; and

(b) other persons considered by the Minister to be suitable.

(b) by adding after subsection (2) the following:

5( 2.1) Section 13 of the Fish and Wildlife Act applies with the necessary modifications to a forest service officer for the purposes of this Act and the regulations.

3 The Act is amended by adding after section 5 the following:

Conservation officers

5.1( 1) The Minister may appoint the following persons to be conservation officers who shall attend to the enforcement of this Act and the regulations in accordance with the powers conferred upon them by this Act and the regulations:

(a) persons employed within the Department; and

(b) other persons considered by the Minister to be suitable.

5.1( 2) The following persons are conservation officers by virtue of their office:

(a) members of the Royal Canadian Mounted Police;

(b) police officers appointed under the Police Act;

(d) members of the Canadian Forces while engaged in lawful military police duties;

(e) game officers designated under the Migratory Birds Convention Act, 1994 (Canada); and

(f) off-road vehicle enforcement officers appointed under the Off-Road Vehicle Act.

5.1( 3) For the purpose of investigations and other law enforcement activities under this Act and the regulations, the Minister may, in writing, exempt a conservation officer from the application of any provision of this Act or the regulations, subject to any terms and conditions that the Minister considers necessary.

5.1( 4) The Minister may appoint persons performing a similar function in another jurisdiction to be conservation officers, but the appointment shall only be made for the purpose of a special investigation.

5.1( 5) During the period for which they are appointed, persons appointed under subsection (4) shall attend to the enforcement of this Act and the regulations in accordance with the powers conferred upon them by this Act and the regulations.

5.1( 6) A conservation officer, and any person assisting him or her in the performance of his or duties, may enter upon private lands whenever necessary for the proper performance of his or her duties under this Act and the regulations.

5.1( 7) For the purpose of ensuring compliance with this Act and the regulations, a conservation officer may inspect a firearm or ammunition in a person’s possession on Crown Lands.

5.1( 8) Section 13 of the Fish and Wildlife Act applies to a conservation officer for the purposes of this Act and the regulations.

5.1( 9) A document in writing signed by the Minister stating that the person named in the document has been appointed as a conservation officer shall, without proof of the authority, appointment or signature of the Minister, be accepted by all courts as conclusive proof that the person has been appointed to the office that he or she is stated to hold and the person in possession of such document shall, upon proof that his or her name is the same as the person named in the document, be deemed to be the person named in the document.

4 Section 12.1 of the Act is amended

( a) in subsection (1) by striking out “a forest service officer” and substituting “a conservation officer or a forest service officer”;

( b) in subsection (2) by striking out “a forest service officer” and “the forest service officer” and substituting “a conservation officer or a forest service officer” and “the officer”, respectively.

5 Paragraph 56.01(b) of the Act is repealed.

6 Section 56.1 of the Act is repealed and the following is substituted:

Powers of conservation officers

56.1 A conservation officer in carrying out his or her duties under this Act and the regulations is a person employed for the preservation and maintenance of the public peace and has and may exercise all the powers, authorities and immunities of a peace officer as defined in the Criminal Code (Canada).

7 Section 56.4 of the Act is repealed and the following is substituted:

Search without warrant

56.4 In addition to the powers of search given under the Provincial Offences Procedure Act, a conservation officer or a forest service officer has the power to search without warrant any Crown Lands in or on which he or she has reasonable and probable grounds to believe there is anything that may provide evidence of the commission of an offence under this Act or the regulations if he or she believes on reasonable and probable grounds that it would be impracticable in the circumstances to obtain a search warrant.

8 The Act is amended by adding after section 56.4 the following:

Powers of forest service officers

56.41( 1) If a forest service is authorized to act under section 56.4 because of the remoteness of the Crown Lands, the forest service officer may seize timber which he or she discovers in plain view if he or she has reasonable and probable grounds to believe that an offence under this Act or the regulations has been committed in respect of the timber.

56.41( 2) If a forest service officer is authorized to act under section 56.4 because of the remoteness of the Crown Lands, the forest service officer may seize any vehicle, equipment or other property not belonging to the Crown which he or she discovers in plain view if

( a) he or she has reasonable and probable grounds to believe that it has been used to assist any person in the commission of an offence under this Act or the regulations, or

( b) he or she finds anything in it in respect of which he or she has reasonable and probable grounds to believe that an offence under this Act or the regulations has been committed.

56.41( 3) A forest service officer acting under the immediate supervision of a conservation officer may seize anything which the forest service officer discovers in plain view in respect of which he or she has reasonable and probable grounds to believe an offence this Act or the regulations has been committed.

56.41( 4) When a conservation officer is carrying out a lawful search under this Act or the Provincial Offences Procedure Act, a forest service officer while accompanied by and acting under the immediate supervision of the conservation officer may, on the direction of the conservation officer, assist him or her in carrying out the search and any seizure that may result from the search.

9 Section 56.5 of the Act is amended

( a) in subsection (2)

( i) in the portion preceding paragraph (a) by striking out “A forest service officer” and substituting “A conservation officer”;

( ii) in paragraph (a) of the English version by striking out “the forest service officer” and substituting “he or she”;

( iii) in paragraph (b) of the English version by striking out “the forest service officer” wherever it appears and substituting “he or she”;

( b) by repealing subsection (3) and substituting the following:

56.5( 3) If a conservation officer finds timber from Crown Lands in respect of which he or she has reasonable and probable grounds to believe an offence under this Act or the regulations has been committed and the timber is mixed with timber from land other than Crown Lands or with timber authorized to be harvested on Crown Lands, he or she may seize all or any of the timber.

( c) in subsection (4)

( i) in the portion preceding paragraph (a) by striking out “a forest service officer” and “the forest service officer” and substituting “a conservation officer” and “he or she”, respectively;

( ii) in paragraph (b) of the English version by striking out “the forest service officer” and substituting “he or she”;

( d) by repealing subsection (5) and substituting the following:

56.5( 5) If any equipment, vehicle, timber or other property not belonging to the Crown has been seized by a conservation officer and will not be retained for evidentiary purposes or will not be the subject of an application for an order of forfeiture, the Minister may authorize the conservation officer to return the thing seized to a person with a property interest in it.

( e) by repealing subsection (6) and substituting the following:

56.5( 6) If any equipment, vehicle, timber or other property not belonging to the Crown has been seized by a conservation officer and not returned under subsection (5), a person with a property interest in the thing seized may, after giving the prosecutor 14 days’ notice in writing of the person’s intention of doing so, apply to a judge for the return of the thing seized.

( f) in subsection (8) by striking out “the forest service officer” and substituting “the conservation officer”;

( g) by repealing subsection (10) and substituting the following:

56.5( 10) If any equipment, vehicle, timber or other property not belonging to the Crown has been seized by a conservation officer, the conservation officer shall return the thing seized to the owner or the person in possession of the thing seized at the time of the seizure

(a) if the person in possession of the thing seized at the time of the seizure is not charged with an offence under this Act or the regulations relating to the thing seized,

(b) within 30 days after the final disposition of the charge, if the person in possession of the thing seized at the time of the seizure has been charged with an offence under this Act or the regulations relating to the thing seized and no conviction results from that charge, or

(c) subject to subsections (10.1) to (10.7), if the person in possession of the thing seized at the time of the seizure is convicted of an offence under this Act or the regulations relating to the thing seized but the judge does not order the forfeiture of the thing seized, and if the owner or the person in possession of the thing seized at the time of the seizure pays the amount of the costs and expenses relating to the seizure, removal, impoundment and return of the thing seized.

( h) by adding after subsection (10) the following:

56.5( 10.1) If the amount of the costs and expenses referred to in paragraph (10)(c) has not been paid within 30 days after the final disposition of the charge, the Minister may dispose of the thing seized in such manner and at such time as he or she sees fit.

56.5( 10.2) If the owner proves to the satisfaction of the Minister that, at the time of the seizure, the thing had been taken or was being used without the owner’s consent, the Minister may

(a) return the thing seized to the owner, and

(b) in accordance with subsections (10.3) to (10.6), recover the amount of the costs and expenses referred to in paragraph (10)(c) from the person convicted of the offence.

56.5( 10.3) For the purposes of the recovery of the amount of the costs and expenses under subsection (10.2), the amount becomes a debt due to the Crown by the person convicted of the offence.

56.5( 10.4) The Minister may prepare and file with the clerk of The Court of Queen’s Bench of New Brunswick a certificate certifying the amount of the costs and expenses that the person convicted of the offence is required to pay.

56.5( 10.5) A certificate filed with the clerk of The Court of Queen’s Bench of New Brunswick under subsection (10.4) has the same force and effect as if it were a judgment of the Court for the recovery of a debt in the amount specified in the certificate.

56.5( 10.6) All reasonable costs and charges attendant upon the preparation and filing of a certificate under subsection (10.4) may be recovered as if the amount had been included in the certificate.

56.5( 10.7) If the person convicted of an offence under this Act or the regulations relating to the thing seized is not the owner and the owner pays the amount of the costs and expenses referred to in paragraph (10)(c), the owner may, by action in a court of competent jurisdiction, recover the amount from that person.

56.5( 10.71) The Minister is not responsible for maintaining or servicing or having maintained or serviced any equipment, vehicle or other property seized under this section while it is held in custody but, upon application in writing by any of the following persons, the Minister may authorize the person to maintain or service or to have maintained or serviced the equipment, vehicle or other property while it is held in custody:

(a) a person with a property interest in the equipment, vehicle or other property;

(b) the owner of the equipment, vehicle or other property; or

56.5( 10.8) The Crown, the Minister, the conservation officer or any person assisting the conservation officer is not liable, without negligence, for any loss, including economic loss, or damage suffered by any person as a result of

(a) any action taken under this section by the Minister, conservation officer or person assisting the conservation officer, or

(b) any thing done or omitted to be done in the course of taking that action or for the purposes of that action by the Minister, conservation officer or person assisting the conservation officer.

56.5( 10.9) The Crown, the Minister, the conservation officer or any person assisting the conservation officer is not liable for any deterioration, diminution or other devaluation of the thing seized under this section.

10 Subsection 64(8) of the Act is amended by striking out “a forest service officer” and substituting “a conservation officer”.

11 Subsection 66(1) of the Act is repealed and the following is substituted:

66( 1) No person shall obstruct, cause to be obstructed or incite others to obstruct a conservation officer or a forest service officer in the exercise of his or her authority under this Act, or any person assisting him or her.

12 The Act is amended by adding after section 94 the following:

PROSECUTIONS

Limitation period

94.01 A prosecution of an offence under this Act or the regulations shall be commenced within two years after the date on which the offence was, or is alleged to have been, committed.

CONSEQUENTIAL AMENDMENTS AND COMMENCEMENT

Forest Fires Act

13( 1) Section 1 of the Forest Fires Act, chapter F-20 of the Revised Statutes, 1973, is amended by adding the following definition in alphabetical order:

“conservation officer” means a conservation officer appointed under subsection 5.1(1) of the Crown Lands and Forests Act; (agent de conservation)

13( 2) Section 10.4 of the Act is amended by striking out “a forest service officer” and substituting “a conservation officer or a forest service officer”.

13( 3) Section 10.5 of the Act is amended by striking out “a forest service officer” and substituting “a conservation officer or a forest service officer”.

13( 4) Section 15 of the Act is amended

( a) in subsection (3) by striking out “a forest service officer” and substituting “a conservation officer or a forest service officer”;

( b) in subsection (4) by striking out “a forest service officer” and substituting “a conservation officer or a forest service officer”;

( c) in subsection (5) by striking out “a forest service officer” and “the forest service officer” and substituting “a conservation officer or a forest service officer” and “the officer”, respectively.

13( 5) Section 20 of the Act is amended

( a) in subsection (1) by striking out “the nearest forest service officer” and substituting “the nearest conservation officer or forest service officer”;

( b) in subsection (2.1) in the portion preceding paragraph (a) by striking out “A forest service officer” and substituting “A conservation officer or a forest service officer”;

( c) in subsection (3.1) by striking out “a forest service officer” and “the forest service officer” and substituting “a conservation officer or a forest service officer” and “the officer”, respectively.

13( 6) Section 23 of the Act is amended

( a) in subsection (1) by striking out “or a forest service officer” and substituting “, a conservation officer or a forest service officer”;

( b) in subsection (3) by striking out “a forest service officer” and “the forest service officer” and substituting “a conservation officer or a forest service officer” and “the officer”, respectively.

13( 7) Section 25 of the Act is amended

( a) in subsection (1) by striking out “a forest service officer” and substituting “a conservation officer or a forest service officer”;

( b) in subsection (2)

( i) in the portion preceding paragraph (a) by striking out “a forest service officer” and substituting “a conservation officer or a forest service officer”;

( ii) in paragraph (b) by striking out “the forest service officer” and substituting “the officer”;

( c) in subsection (3)

( i) in the portion preceding paragraph (a) by striking out “a forest service officer” and substituting “a conservation officer or a forest service officer”;

( ii) in paragraph (a) by striking out “the forest service officer” and substituting “the officer”;

( iii) in paragraph (c) by striking out “the forest service officer” and substituting “the officer”.

13( 8) Section 28 of the Act is amended by striking out “Every forest service officer” and substituting “Every conservation officer”.

13( 9) The Act is amended by adding after section 28 the following:

Duty to report violation

28.1 Section 13 of the Fish and Wildlife Act applies to a conservation officer and a forest service officer for the purposes of this Act and the regulations.

Mining Act

14 Section 34 of the Mining Act, chapter M-14.1 of the Acts of New Brunswick, 1985, is amended by adding after paragraph (a) the following:

(a.1) a conservation officer appointed under subsection 5.1(1) of the Crown Lands and Forests Act;

Motor Vehicle Act

15( 1) Section 1 of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended in the definition “peace officer” by repealing subparagraph (c.1)(iv) and substituting the following:

( iv) conservation officer appointed under the Crown Lands and Forests Act,

15( 2) Paragraph 15(1.1)(d) of the Act is repealed and the following is substituted:

(d) conservation officer appointed under the Crown Lands and Forests Act,

Natural Products Act

16 Section 1 of the Natural Products Act, chapter N-1.2 of the Acts of New Brunswick, 1999, is amended by repealing the definition “peace officer” and substituting the following:

“peace officer” includes (agent de la paix)

( a) a peace officer as defined in the Motor Vehicle Act,

( b) a person deemed or designated to be a peace officer under the Motor Vehicle Act,

( c) a person designated as a commercial vehicle inspector for any purpose under the Highway Act or the Motor Vehicle Act,

( d) a person appointed as a conservation officer under the Crown Lands and Forests Act, and

( e) a person appointed under this Act as a farm product service officer;

Protected Natural Areas Act

17( 1) Section 1 of the Protected Natural Areas Act, chapter P-19.01 of the Acts of New Brunswick, 2003, is amended in the definition “enforcement officer”

(a) by repealing paragraph (a);

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

(b) a conservation officer appointed under the Crown Lands and Forests Act or the Fish and Wildlife Act,

17( 2) Section 16 of the Act is repealed and the following is substituted:

Requirement to produce permit upon request

16 If the holder of a permit enters a protected natural area under the permit or carries on an activity within a protected natural area under the permit, the holder of the permit shall produce the permit when requested by a conservation officer appointed under subsection 5.1(1) of the Crown Lands and Forests Act.

17( 3) The Act is amended by adding before section 25 the following:

Definition of “conservation officer”

24.1 In this Part, “conservation officer” means a conservation officer appointed under subsection 5.1(1) of the Crown Lands and Forests Act. (agent de conservation)

17( 4) The heading “Powers of forest service officers” preceding section 25 of the Act is repealed and the following is substituted:

Powers of conservation officers and forest service officers

17( 5) Section 25 of the Act is amended

( a) in subsection (1) by striking out “A forest service officer” and substituting “A conservation officer”;

( b) in subsection (2) by striking out “A forest service officer” and “the forest service officer” and substituting “A conservation officer” and “he or she”, respectively;

( c) in subsection (3) by striking out “A forest service officer” and substituting “A conservation officer or a forest service officer”.

17( 6) The Act is amended by adding after section 25 the following:

Duty to report violation

25.1 Section 13 of the Fish and Wildlife Act applies to a conservation officer and a forest service officer for the purposes of this Act and the regulations.

17( 7) The heading “Prohibitions respecting statements to or obstruction of forest service officer” preceding section 26 of the Act is repealed and the following is substituted:

Prohibitions respecting statements to or obstruction of conservation officer or forest service officer

17( 8) Section 26 of the Act is repealed and the following is substituted:

Prohibitions respecting statements to or obstruction of conservation officer or forest service officer

26 No person shall

( a) knowingly make a false or misleading statement to a conservation officer or a forest service officer engaged in carrying out his or her duties under this Act or the regulations, or

( b) knowingly obstruct, cause to be obstructed or incite others to obstruct a conservation officer or a forest service officer engaged in carrying out his or her duties under this Act or the regulations, or any person assisting the conservation officer or the forest service officer in carrying out of his or her duties under this Act or the regulations.

17( 9) Section 27 of the Act is amended

( a) in subsection (2)

( i) in the portion preceding paragraph (a) by striking out “A forest service officer” and substituting “A conservation officer”;

( ii) in paragraph (a) of the English version by striking out “the forest service officer” and substituting “he or she”;

( iii) in paragraph (b) of the English version by striking out “the forest service officer” wherever it appears and substituting “he or she”;

( b) in subsection (3)

( i) by striking out “a forest service officer” and substituting “a conservation officer”;

( ii) in the English version by striking out “the forest service officer” wherever it appears and substituting “he or she”;

( c) in subsection (4)

( ii) in paragraph (b) of the English version by striking out “the forest service officer” and substituting “he or she”;

( d) in subsection (5) by striking out “a forest service officer” and “the forest service officer” and substituting “a conservation officer” and “the conservation officer”, respectively;

( e) in subsection (6) by striking out “a forest service officer” and substituting “a conservation officer”;

( f) in subsection (10) by striking out “the forest service officer” and substituting “the conservation officer”;

( g) in subsection (13) by striking out “a forest service officer” and “the forest service officer” and substituting “a conservation officer” and “he or she”, respectively;

( h) in subsection (14) in the portion preceding paragraph (a) by striking out “by a forest service officer, the forest service officer” and substituting “by a conservation officer, he or she”.

Regulation under the Provincial Offences Procedure Act

18 Paragraph 3(2)(a.6) of New Brunswick Regulation 91-50 under the Provincial Offences Procedure Act is repealed and the following is substituted:

(a.6) in respect of prescribed offences specified in paragraph (1)(a.051), (a.091), (a.092), (e.4), (e.5) or (e.6), conservation officers appointed under subsection 5.1(1) of the Crown Lands and Forests Act;

Quarriable Substances Act

19( 1) Subsection 1(1) of the Quarriable Substances Act, chapter Q-1.1 of the Acts of New Brunswick, 1991, is amended

( a) by repealing the definition “forest service officer”;

( b) by adding the following definition in alphabetical order:

“conservation officer” means a conservation officer appointed under subsection 5.1(1) of the Crown Lands and Forests Act; (agent de conservation)

19( 2) Section 32 of the Act is amended by striking out “Every forest service officer in carrying out the forest service officer’s duties” and substituting “Every conservation officer in carrying out his or duties”.

19( 3) Section 33 of the Act is amended by striking out “A forest service officer” and “the forest service officer” and substituting “A conservation officer” and “he or she”, respectively.

19( 4) Subsection 34(1) of the Act is amended

( a) in the portion preceding paragraph (a) by striking out “a forest service officer” and “the forest service officer” and substituting “a conservation officer” and “he or she”, respectively;

( b) in paragraph (b) of the English version by striking out “the forest service officer” and substituting “he or she”.

Transportation of Primary Forest Products Act

20( 1) Section 1 of the Transportation of Primary Forest Products Act, chapter T-11.02 of the Acts of New Brunswick, 1999, is amended by repealing the definition “peace officer” and substituting the following:

“peace officer” includes (agent de la paix)

( a) a peace officer as defined in the Motor Vehicle Act,

( b) a person deemed or designated to be a peace officer under the Motor Vehicle Act,

( c) a person designated as a commercial vehicle inspector for any purpose under the Highway Act or the Motor Vehicle Act, and

( d) a person appointed as a conservation officer under the Crown Lands and Forests Act.

20( 2) Section 4 of the Act is amended by adding after subsection (2) the following:

4( 3) For the purposes of this Act and the regulations, section 13 of the Fish and Wildlife Act applies to a conservation officer appointed under the Crown Lands and Forests Act.

Commencement

21 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

Chapter Outline Update

4 (Crown Lands and Forests Act, c.C-38.1)

Strike out the entry for s.12.1 and substitute the following:

Demarcation of legal boundaries12.1

11 (Crown Lands and Forests Act, c.C-38.1)

Strike out the entry for s.66 and substitute the following:

Offence and penalty respecting obstruction of conservation officer or forest service officer66

13(8) (Forest Fires Act, c.F-20)

Strike out the entry for s.28 and substitute the following:

Conservation officer empowered as peace officer28