Woodlands Improvement Act, R.S.O. 1990, c. W.10"

Woodlands Improvement Act, R.S.O. 1990, c. W.10, Woodlands Improvement Act

Woodlands Improvement Act

R.S.O. 1990, CHAPTER W.10

Note: This Act was repealed on December 18, 1998. See: 1998, c. 18, Sched. I, s. 65.

Amended by: 1998, c. 18, Sched. I, s. 65.

Definitions

1. In this Act,

“forestry purposes” means forestry purposes as defined in the Forestry Act; (“fins forestières”)

“improvement of the woodlands” does not include any treatment that will produce immediate revenue; (“amélioration des terrains boisés”)

“management program” means a report of the existing forest resources and on the proposed silvicultural and marketing program; (“programme d’aménagement”)

“Minister” means the Minister of Natural Resources; (“ministre”)

“nursery stock” means nursery stock as defined in the Forestry Act; (“plants de pépinière”)

“owner” means registered owner in fee simple; (“propriétaire”)

“woodlands” means lands having at least 1,000 trees per hectare of all sizes or at least 750 trees per hectare measuring over five centimetres in diameter or at least 500 trees per hectare measuring over twelve centimetres in diameter or at least 250 trees per hectare measuring over twenty centimetres in diameter (all such measurements to be taken at least 1.3 meters from the ground), but does not include a plantation established for the purpose of producing Christmas trees. (“terrain boisé”) R.S.O. 1980, c.535, s.1, revised.

Agreements as to forestry development

2. Subject to the regulations made under this Act, the Minister may, upon such terms and conditions as he or she considers proper, enter into agreements with the owners of lands that are suitable for forestry purposes and that are situate in a private forest management area for the planting of nursery stock or the improvement of the woodlands on such lands. R.S.O. 1980, c.535, s.2, revised.

Cutting of trees

3. An owner of land who enters into an agreement under section 2 shall not cut or remove any trees growing on the land covered by the agreement except in accordance with the management program under the agreement. R.S.O. 1980, c.535, s.3.

Termination of agreement and recovery of cost

4. Where an owner of land who has entered into an agreement under section 2 violates or fails to observe any provision of the agreement or this Act, the Minister may terminate the agreement and may recover from the owner in any court of competent jurisdiction the cost of the planting of nursery stock or the improvement of the woodlands determined at the rate fixed by the regulations. R.S.O. 1980, c.535, s.4.

Regulations

5. (1) The Lieutenant Governor in Council may make regulations,

(a) fixing the cost of the planting of nursery stock and the cost of improvement of the woodlands that are recoverable by the Minister under section 4;

(b) prescribing the maximum sum per hectare that the Minister may expend under agreements entered into under section 2;

Idem, limited effect

(2) A regulation made under this Act may be limited to one or more private forest management areas. R.S.O. 1980, c.535, s.5(2), revised.