Crown Forest Sustainability Act, 1994, S.O. 1994, c. 25

• Jurisdiction: Ontario

Crown Forest Sustainability Act, 1994

S.O. 1994, chapter 25

Consolidation Period: From April 19, 2022 to the e-Laws currency date.

Last amendment: 2021, c. 34, Sched. 6.

CONTENTS

PART I
GENERAL

Purposes

1 The purposes of this Act are to provide for the sustainability of Crown forests and, in accordance with that objective, to manage Crown forests to meet social, economic and environmental needs of present and future generations. 1994, c. 25, s. 1.

Sustainability

2 (1) In this Act,

“sustainability” means long term Crown forest health. 1994, c. 25, s. 2 (1).

Determination

(2) For the purpose of this Act and the regulations, the sustainability of a Crown forest shall be determined in accordance with the Forest Management Planning Manual. 1994, c. 25, s. 2 (2).

Principles

(3) The Forest Management Planning Manual shall provide for determinations of the sustainability of Crown forests in a manner consistent with the following principles:

1. Large, healthy, diverse and productive Crown forests and their associated ecological processes and biological diversity should be conserved.

2. The long term health and vigour of Crown forests should be provided for by using forest practices that, within the limits of silvicultural requirements, emulate natural disturbances and landscape patterns while minimizing adverse effects on plant life, animal life, water, soil, air and social and economic values, including recreational values and heritage values. 1994, c. 25, s. 2 (3).

Definitions

3 In this Act,

“Crown charges” means all prices, charges, fees, penalties, costs, expenses, interest and fines imposed under this Act or the regulations or under a forest resource licence, a permit or an authorization; (“redevances de la Couronne”)

“Crown forest” means a forest ecosystem or part of a forest ecosystem that is on land vested in Her Majesty in right of Ontario; (“forêt de la Couronne”)

“designated purpose” means a purpose designated by the regulations; (“fin désignée”)

“First Nation” means a band as defined in the Indian Act (Canada); (“Première Nation”)

“forest ecosystem” means an ecosystem in which trees are or are capable of being a major biological component; (“écosystème forestier”)

“forest health” means the condition of a forest ecosystem that sustains the ecosystem’s complexity while providing for the needs of the people of Ontario; (“vitalité d’une forêt”)

“Forest Information Manual” means the Forest Information Manual prepared under section 68 and approved by the regulations, including amendments to the Manual approved by the regulations; (“Manuel relatif à l’information forestière”)

“Forest Management Planning Manual” means the Forest Management Planning Manual prepared under section 68 and approved by the regulations, including amendments to the Manual approved by the regulations; (“Manuel de planification de la gestion forestière”)

“forest operations” means the harvesting of a forest resource, the use of a forest resource for a designated purpose or the renewal or maintenance of a forest resource, and includes all related activities; (“opérations forestières”)

“Forest Operations and Silviculture Manual” means the Forest Operations and Silviculture Manual prepared under section 68 and approved by the regulations, including amendments to the Manual approved by the regulations; (“Manuel relatif aux opérations forestières et à la sylviculture”)

“forest resource” means trees in a forest ecosystem, any other type of plant life prescribed by the regulations that is in a forest ecosystem, and parts of or residue from trees in a forest ecosystem; (“ressource forestière”)

“forest resource licence” means a licence under Part III; (“permis forestier”)

“forest resource processing facility” means a saw mill, pulp mill or any other facility, whether fixed or mobile, where trees or other forest resources prescribed by the regulations are processed; (“installation de transformation de ressources forestières”)

“Minister” means the Minister of Northern Development, Mines, Natural Resources and Forestry or any other member of the Executive Council to whom responsibility for the administration of this Act may be assigned or transferred under the Executive Council Act; (“ministre”)

“Ministry” means the ministry of the Minister; (“ministère”)

“permit” means a permit issued under Part III.1; (“permis d’activité”)

“permittee” means the holder of a permit; (“titulaire de permis d’activité”)

“professional forester” means a person who holds a certificate of registration under the Professional Foresters Act, 2000; (“forestier professionnel”)

“regulations” means the regulations made under this Act; (“règlements”)

“Scaling Manual” means the Scaling Manual prepared under section 68 and approved by the regulations, including amendments to the Manual approved by the regulations; (“Manuel de mesurage des ressources forestières”)

“species at risk” means a species that is listed as extirpated, endangered or threatened on the Species at Risk in Ontario List established under the Endangered Species Act, 2007. (espèce en péril) 1994, c. 25, s. 3; 2000, c. 18, s. 64; 2000, c. 26, Sched. L, s. 3 (1, 2); 2001, c. 9, Sched. K, s. 2 (1); 2011, c. 10, s. 28 (1); 2019, c. 14, Sched. 15, s. 19; 2020, c. 36, Sched. 8, s. 1; 2021, c. 34, Sched. 6, s. 1.

Section Amendments with date in force (d/m/y)

2000, c. 18, s. 64 - 01/05/2001; 2000, c. 26, Sched. L, s. 3 (1, 2) - 06/12/2000

2001, c. 9, Sched. K, s. 2 (1) - 29/06/2001

2011, c. 10, s. 28 (1) - 01/06/2011

2019, c. 14, Sched. 15, s. 19 - 10/12/2019

2020, c. 36, Sched. 8, s. 1 - 08/12/2020

2021, c. 34, Sched. 6, s. 1 (1, 2) - 19/04/2022

Application: Crown

4 This Act is binding on the Crown. 1994, c. 25, s. 4.

Non-application

5 This Act does not apply to a Crown forest that is in a provincial park or a conservation reserve within the meaning of the Provincial Parks and Conservation Reserves Act, 2006. 2009, c. 33, Sched. 22, s. 1 (1).

Section Amendments with date in force (d/m/y)

2006, c. 12, s. 60 - 04/09/2007

2009, c. 33, Sched. 22, s. 1 (1) - 15/12/2009

Aboriginal rights

6 This Act does not abrogate, derogate from or add to any aboriginal or treaty right that is recognized and affirmed by section 35 of the Constitution Act, 1982. 1994, c. 25, s. 6.

PART II
MANAGEMENT PLANNING AND INFORMATION

Management units

7 The Minister may designate all or part of a Crown forest as a management unit for the purposes of this Act. 1994, c. 25, s. 7.

Forest management plans

8 (1) The Minister shall ensure that a forest management plan is prepared for every management unit. 1994, c. 25, s. 8 (1).

Contents

(2) A forest management plan shall, in accordance with the Forest Management Planning Manual,

(a) describe the forest management objectives and strategies applicable to the management unit; and

(b) have regard to the plant life, animal life, water, soil, air and social and economic values, including recreational values and heritage values, of the management unit. 1994, c. 25, s. 8 (2).

Certification

(3) A forest management plan shall be certified by a professional forester in accordance with the Forest Management Planning Manual. 1994, c. 25, s. 8 (3).

Approval by Minister

9 (1) A forest management plan is of no effect unless it is approved by the Minister. 1994, c. 25, s. 9 (1).

Criteria for approval

(2) The Minister shall not approve a forest management plan unless the Minister is satisfied that the plan provides for the sustainability of the Crown forest, having regard to the plant life, animal life, water, soil, air and social and economic values, including recreational values and heritage values, of the Crown forest. 1994, c. 25, s. 9 (2).

Preparation by licensee

10 (1) The Minister may require the holder of a forest resource licence to prepare a forest management plan for a management unit. 1994, c. 25, s. 10 (1).

Minister’s powers

(2) The Minister may approve the plan, reject it or approve it with such modifications as may be made by the Minister. 1994, c. 25, s. 10 (2).

Amendment or extension of plan

11 (1) The Minister may at any time, in accordance with the Forest Management Planning Manual, amend or extend a forest management plan that the Minister previously approved. 2019, c. 14, Sched. 15, s. 20 (1).

Application of subs. 9 (2)

(2) Subsection 9 (2) applies with necessary modifications to the amendment or extension of a forest management plan that the Minister previously approved. 1994, c. 25, s. 11 (2); 2019, c. 14, Sched. 15, s. 20 (2).

(3)-(5) Repealed: 2020, c. 36, Sched. 8, s. 2.

Section Amendments with date in force (d/m/y)

2010, c. 16, Sched. 10, s. 2 (1) - 25/10/2010

2019, c. 14, Sched. 15, s. 20 (1-3) - 10/12/2019

2020, c. 36, Sched. 8, s. 2 - 08/12/2020

Appeals

12 If authorized by the regulations, a person may appeal a decision by the Minister to approve a forest management plan or to amend a forest management plan that the Minister previously approved. 1994, c. 25, s. 12.

Local citizens’ committees

13 The Minister shall establish local citizens’ committees to advise the Minister on the preparation and implementation of forest management plans and on any other matters referred to the committees by the Minister. 1994, c. 25, s. 13.

Other advisory committees

14 The Minister may establish other advisory committees to advise the Minister on matters under this Act, including the preparation of forest management plans and the manuals required by section 68. 1994, c. 25, s. 14.

Forest management boards

15 (1) The Minister may establish forest management boards for such areas as are designated by the Minister, including forest management boards for community forests designated by the Minister. 1994, c. 25, s. 15 (1).

Functions

(2) A forest management board shall,

(a) advise the Minister on matters relating to the management of Crown forests;

(b) prepare forest management plans on the request of the...