2026 Bill 13

	13


First Session, 51st General Assembly 3 Charles III, 2026
BILL 13
AN ACT TO AMEND THE FORESTRY ACT
Received and Read the First Time................................................................
Second Reading............................................................................................
Committee.....................................................................................................
Third Reading...............................................................................................
Royal Assent.................................................................................................
HONOURABLE PLEAMAN FORSEY Minister of Forestry, Agriculture and Lands
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Forestry Act to

· update references in the Act;

· add definitions;

· allow the minister to suspend a licence or suspend all or a part of mill operations being carried out under a licence in the prescribed circumstances;

· allow a person or category of persons authorized by the minister to cancel a licence, suspend a licence or suspend all or a part of mill operations being carried out under a licence in the prescribed circumstances;

· create an offence where a person operates a mill while the mill licence is suspended or all or part of the mill operations being carried out under the licence are suspended;

· expand the areas of the province that are subject to the provisions of the Act relating to forest travel and forest fires;

· no longer exclude provincial parks, municipal parks and private campgrounds from the application of provisions of the Act relating to forest travel;

· expand the areas of the province that the minister may declare to be a restricted travel area;

· modernize notice requirements to no longer require publication in a newspaper;

· remove monetary fines for offences relating to forest travel and forest fires and authorize penalties for those offences to be prescribed in the regulations;

· expand the areas of the province for which a permit to burn is required to ignite a fire during the forest fire season;

· clarify that where a permit to burn is required a person shall apply to a forestry official for the permit to burn;

· authorize the minister to make regulations respecting the suspension of a permit to burn;

· clarify the circumstances under which a forestry official may cancel a permit to burn;

· create an offence where a person ignites a fire or causes a fire to be ignited on prescribed land during the forest fire season other than in the prescribed circumstances;

· create an offence where a person ignites a fire or causes a fire to be ignited on prescribed land or fails to extinguish a fire started under a permit to burn after the person's permit to burn has been suspended or cancelled;

· allow the minister to include all areas of the province in a fire proclamation where the minister considers it necessary for the purpose of reducing the probability of a fire starting or spreading on prescribed land;

· allow a forestry official to order a person to leave an area for the purposes of controlling or extinguishing a fire and create an offence where the person does not comply with the order;

· expand the areas of the province where persons are required to take prescribed precautions or are prohibited from carrying out prescribed actions or activities to reduce the risk of fire;

· clarify that the requirement that a person having charge of a logging camp, mine, mill or garbage dump located on forest land or within 300 metres of forest land have the area surrounding the site cleared of flammable material, includes areas where stockpiles, waste and debris are located;

· clarify the obligations of a person who is carrying out logging or industrial operations where a fire occurs on prescribed land in the area of the logging or industrial operations;

· clarify that a person who cuts or removes trees from forest land or engages in an activity that is likely to cause a forest fire during a period other than the forest fire season is required to obtain an operating permit where required by the regulations;

· allow a forestry official to include terms and conditions in an operating permit in addition to terms and conditions prescribed in the regulations;

· allow a forestry official to amend an operating permit;

· remove the authority in the Act to temporarily suspend an operating permit where the fire weather index is high to extreme and authorize the minister to make regulations respecting the suspension and reinstatement of an operating permit;

· expand the areas of the province in respect of which a forestry official may seize anything that may assist in determining the cause of a fire in the area;

· add regulation making authority;

· create an offence where a person recklessly or negligently starts a forest fire; and

· clarify the grounds on which a forestry official may require a person who is engaging in an activity that requires a permit or licence to provide the permit or licence for inspection.

A BILL

AN ACT TO AMEND THE FORESTRY ACT

Analysis

1. S.2 Amdt.
Definitions

2. S.38 Amdt.
Regulations

3. S.43 Amdt.

Order re: managed land

4. S.58 Amdt.

Appeal board

5. S.59 Amdt.
Appeal to board

6. S.60 R&S

Appeal to Supreme Court

7. S.61 Amdt.
Ministers to give effect to orders

8. S.66 Amdt.

Issue of tax certificate

9. S.81 R&S

Cancellation or suspension of licence

10. S.85 Amdt.

Offence

11. S.90 Amdt.

Use of pesticide

12. S.92 R&S

Application of Division

13. S.93 Amdt.

Forest travel

14. S.94 Amdt.
Forest travel permit

15. S.96 R&S

Offence

16. S.97 Amdt.
Fire season

17. S.98 R&S

Permit to burn

18. S.99 R&S

Fire proclamation

19. S.100 R&S

Where forest fire occurs

20. S.101 R&S

Prohibitions and required safety measures

21. S.102 R&S

Woods operation

22. S.103 Amdt.

Where fire hazard exists

23. S.105 R&S

Operating permit

24. S.106 Amdt.

Provincial emergency

25. S.108.1 R&S

Seizure permitted

26. S.109 Amdt.

Regulations

27. S.109.1 Added

Lieutenant-Governor in Council regulations

28. S.110 R&S

Offence

29. S.111 Amdt.

Priority of this Division

30. S.147 Amdt.

Cutting trees near a highway

31. S.149 R&S

Powers of peace officer

32. S.151 R&S

Forestry official may request permit or licence be provided

33. S.153 Amdt.

Offence and penalty

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cF-23
as amended

1. (1) Subparagraph 2(b)(ii) of the Forestry Act is amended by deleting the reference "section 88 of the Crown Lands Act" and substituting the reference "section 55 of the Lands Act".

(2) Subparagraph 2(b)(iii) of the Act is amended by deleting the reference "Abandoned Lands Act" and substituting the reference "Lands Act".

(3) Section 2 of the Act is amended by adding immediately after paragraph (f) the following:

(f.01) "flammable vegetation" means living or dead plant material that may

(i) easily ignite,

(ii) sustain combustion, and

(iii) enable the spread of fire;

(4) Paragraph 2(f.1) of the Act is amended by deleting the words "within the meaning of the Works, Services and Transportation Act and the Highway Traffic Act".

(5) Section 2 of the Act is amended by renumbering paragraph (k.2) as paragraph (k.4) and adding immediately before that paragraph the following:

(k.2) "highway" means highway as defined in the Highway Traffic Act;

(k.3) "industrial operation" means an operation on forest land or within 300 metres of forest land involving the use of machinery or equipment, whether in a building or in the open;

(6) Section 2 of the Act is amended by adding immediately after paragraph (k.4) the following:

(k.5) "mill waste" means bark, sawdust, wood chips, planer shavings, slabs and trim ends;

(7) Section 2 of the Act is amended by adding immediately after paragraph (p) the following:

(p.1) "roadway" means roadway as defined in the Highway Traffic Act;

2. Paragraph 38(r) of the Act is amended by deleting the word "Act" and substituting the word "Part".

3. Subsection 43(5) of the Act is amended by deleting the reference "Minister of Forestry and Agriculture" and substituting the reference "minister".

4. Subsection 58(5) of the Act is amended by deleting the reference "Public Inquiries Act" and substituting the reference "Public Inquiries Act, 2006".

5. Section 59 of the Act is amended by deleting the words "Trial Division" wherever they appear and substituting the words "Supreme Court".

6. Section 60 of the Act is repealed and the following substituted:

Appeal to Supreme Court

60. (1) An appeal lies from the decision of the board under section 48 or 59 to the Supreme Court on a point of law raised upon the hearing of the appeal before the board.

(2) The Supreme Court may award costs in an appeal under subsection (1) for or against the Crown and may fix the amount of those costs.

7. Section 61 of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

8. Subsection 66(2) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

9. Section 81 of the Act is repealed and the following substituted:

Cancellation or suspension of licence

81. The minister, or a person or category of persons authorized by the minister, may cancel a licence, suspend a licence or suspend all or a part of mill operations being carried out under a licence where the minister or the person authorized by the minister is of the opinion that the operation of the mill in respect of which the licence was issued is

(a) not in compliance with a term or condition of the licence; or

(b) not in compliance with a provision of this Part or the regulations.

10. Section 85 of the Act is amended by deleting the word "or" at the end of paragraph (a) and adding immediately after paragraph (a) the following:

(a.1) a mill while the mill licence is suspended or all or part of the mill operations being carried out under the licence are suspended; or

11. Section 90 of the Act is amended by deleting the reference "Pesticides Control Act" and substituting the reference "Environmental Protection Act".

12. Section 92 of the Act is repealed and the following substituted:

Application of Division

92. (1) Notwithstanding another statute or law or a grant, lease, licence or other right granted, given or reserved to a person under an Act, this Division applies to the following land within the jurisdiction of the province:

(a) all forest land;

(b) all land within 300 metres of forest land; and

(2) Notwithstanding subsection (1), this Division does not apply to

(a) a roadway; or

(b) persons who are required to be in a restricted area in the course of their duty under a law of the province.

13. (1) Subsection 93(1) of the Act is repealed and the following substituted:

Forest travel

93. (1) The minister may, by order, declare an area of land referred to in subsection 92(1) to be a restricted travel area for the period set out in the order for one or both of the following purposes:

(a) reducing the probability of a fire starting or spreading on land referred to in the order during periods of elevated forest fire risk; and

(b) restricting entry on land referred to in the order immediately before, during and immediately after the lands are sprayed by insecticides or herbicides.

(2) Paragraph 93(5)(c) of the Act is repealed and the following substituted:

(3) Subsection 93(6) of the Act is repealed and the following substituted:

(6) The minister may make different orders in respect of

(a) different lands referred to in subsection (1); or

(b) the same lands referred to in subsection (1) for different times.

(4) Subsection 93(8) of the Act is repealed and the following substituted:

(8) A copy of an order published by the department shall be evidence in court of the publication and the content of the order without further proof of the matter.

14. Subsection 94(4) of the Act is repealed and the following substituted:

(4) The minister may cancel a permit under subsection (3) by publishing a notice in the manner that the minister considers will give it the most prompt and adequate publicity.

15. Section 96 of the Act is repealed and the following substituted:

Offence

96. A person who violates or fails to comply with a provision of this Division, a provision of an order or permit or a condition attached to that order or permit is guilty of an offence and liable on summary conviction to a penalty prescribed in the regulations.

16. Subsection 97(4) of the Act is repealed and the following substituted:

(4) A copy of an order published by the department shall be evidence in court of the publication and the content of the order without further proof of the matter.

17. Section 98 of the Act is repealed and the following substituted:

Permit to burn

98. (1) During the forest fire season, no person shall ignite a fire or cause a fire to be ignited on land referred to in subsection 92(1) except in accordance with

(a) subsection (2);

(b) a permit to burn issued under subsection (4); or

(2) A person may ignite a fire or cause a fire to be ignited on land referred to in subsection 92(1) under the circumstances set out in an order made under section 97.

(3) A person who wishes to ignite a fire or cause a fire to be ignited on land referred to in subsection 92(1) during the forest fire season shall apply to a forestry official for a permit to burn.

(4) A forestry official may issue a permit to burn to a person who applies under subsection (3) and may include terms and conditions in a permit to burn.

(5) A permit to burn may be suspended in accordance with the regulations and where suspended, the permit holder shall not ignite a fire or cause a fire to be ignited on land referred to in subsection 92(1) and shall extinguish a fire that was started under the permit to burn.

(6) A permit to burn may be cancelled by a forestry official for a contravention of this Division, the regulations or a term or condition of the permit to burn and where cancelled, the permit holder shall not ignite a fire or cause a fire to be ignited on land referred to in subsection 92(1) and shall extinguish a fire that was started under the permit to burn.

(7) The holder of a permit to burn who ignites or causes a fire to be ignited shall take every reasonable precaution to prevent the fire from spreading and shall not leave the fire unattended until it is extinguished.

(8) The possession of a permit to burn does not discharge the person to whom it is issued from responsibility for damage resulting from a fire lit by that person.

(9) The holder of a permit to burn shall keep a copy of the permit on the site where the burning is taking place.

(10) A person who fails to comply with subsection (1), (5) or (6) is guilty of an offence and is liable on summary conviction to a penalty prescribed in the regulations.

18. Section 99 of the Act is repealed and the following substituted:

Fire proclamation

99. (1) Notwithstanding the other provisions of this Division, the minister may, whenever the minister considers it necessary for the purpose of reducing the probability of a fire starting or spreading on land referred to in subsection 92(1), by proclamation, prohibit the setting of fires for any purpose in any part of the province during the period specified in the proclamation except under the conditions specified in the proclamation.

(2) Where a proclamation is made under subsection (1), a person shall not, except in accordance with the proclamation, ignite, maintain or make use of a fire, or cause a fire to be ignited, maintained or used, during the period specified in the proclamation.

(3) Notice of a proclamation issued under this section may be given in a manner that the minister considers will give it the most prompt and adequate publicity.

(4) A copy of a proclamation published by the department shall be evidence in court of the publication and the content of the proclamation without further proof of the matter.

(5) A person who fails to comply with subsection (2) is guilty of an offence and is liable on summary conviction to a penalty prescribed in the regulations.

19. Section 100 of the Act is repealed and the following substituted:

Where forest fire occurs

100. (1) For the purpose of controlling and extinguishing a fire on land referred to in subsection 92(1), a forestry official may, where the forestry official determines there is a risk of the fire spreading to forest land, do one or more of the following:

(a) requisition the use of privately owned equipment;

(b) order persons to provide reasonable assistance to a forestry official; and

(2) The minister may set

(a) the rate of pay for persons fighting a fire on land referred to in subsection 92(1); and

(b) the compensation for the use of privately owned equipment used by the department.

(3) A person shall not refuse to

(a) allow the use of the person's equipment requisitioned by a forestry official under paragraph (1)(a);

(b) follow an order of a forestry official under paragraph (1)(b) to provide reasonable assistance to the forestry official; or

(c) follow an order of a forestry official under paragraph (1)(c) to leave an area that is affected by or may be affected by a forest fire.

(4) A person who is aware that a forest fire has started and exists on forest land shall immediately notify a forestry official or the department.

(5) A person who fails to comply with subsection (3) or (4) is guilty of an offence and is liable on summary conviction to a penalty prescribed in the regulations.

20. Section 101 of the Act is repealed and the following substituted:

Prohibitions and required safety measures

101. (1) A person who is on land referred to in subsection 92(1) during the forest fire season shall not throw, drop or otherwise deposit a burning match, cigarette, cigar or other smoking material, live coals, hot ashes or other burning substances or fail to extinguish such a thing.

(2) Where a person is permitted to ignite a fire by this Division, that person shall take every reasonable effort to prevent the fire from spreading and shall not leave the fire unattended until the fire is completely extinguished.

(3) A person in charge of a forestry operation or other activity conducted on land referred to in subsection 92(1) shall provide and maintain the fire fighting equipment that is required by the regulations at the place of the forestry operation or other activity.

(4) No person shall, on forest land or within 300 metres of forest land, operate a burner, engine, incinerator or other spark emitting outlet that is not provided with an adequate device for arresting sparks.

(5) No person shall refuel or leave unattended a power saw or like equipment on land referred to in subsection 92(1) unless the equipment has cooled to the point where it is unlikely to cause a fire or has been put in a place where it is unlikely to start a fire.

(6) No person shall store or transport gasoline, fuel oil or a similar volatile flammable substance on forest land in a container that is not listed and labelled by a national testing laboratory recognized by the fire commissioner.

(7) During the forest fire season, a person in charge of a group of persons entering land referred to in subsection 92(1) shall ensure that the person and all persons under that person's charge are fully informed of the provisions of this Division and the regulations pertaining to forest fire protection.

(8) A person who fails to comply with subsection (1), (4), (5) or (6) is guilty of an offence and is liable on summary conviction to a penalty prescribed in the regulations.

21. Section 102 of the Act is repealed and the following substituted:

Woods operation

102. (1) A person having charge of a logging camp, mine, mill or garbage dump located on forest land or within 300 metres of forest land shall have the area surrounding the site, including areas where stockpiles, waste and debris are located, cleared of flammable material for a distance of at least 30 metres or the distance that may be required by a forestry official.

(2) An owner, operator or person in charge of a mill who ignites a fire or allows a fire to be ignited in mill waste or refuse on the premises shall not leave the fire unattended except with the approval of a forestry official.

(3) Where a fire is burning or starts on forest land where a forestry operation or other activity is being carried on, the person in charge of the operation or activity shall take immediate action to control and extinguish the fire and for that purpose shall employ at that person's expense the necessary personnel and equipment.

(4) Where a fire occurs on land referred to in subsection 92(1) in an area where logging or industrial operations are being carried out, the person carrying out the operations shall immediately

(a) notify the nearest forest management district office or forestry official; and

(b) commence fighting the fire with all labour, materials, equipment and facilities at the person's disposal until relieved of this responsibility by a forestry official or the fire is extinguished.

(5) A person who fails to comply with this section is guilty of an offence and is liable on summary conviction to a penalty prescribed in the regulations.

22. Subsection 103(2) of the Act is amended by deleting the words "forestry officer" and substituting the words "forestry official".

23. Section 105 of the Act is repealed and the following substituted:

Operating permit

105. (1) During the forest fire season, a person shall not cut or remove trees from forest land or engage in an activity that is likely to cause a forest fire unless the person

(a) obtains an operating permit from a forestry official; or

(b) satisfies an exception that may be prescribed in the regulations.

(2) During a period other than the forest fire season, a person shall, where required by the regulations, obtain an operating permit from a forestry official to cut or remove trees from forest land or engage in an activity that is likely to cause a forest fire.

(3) A forestry official may issue an operating permit and may, in addition to the terms and conditions prescribed in the regulations, include terms and conditions in the operating permit.

(4) A forestry official may, where the forestry official determines it necessary, amend an operating permit.

(5) An operating permit may be suspended or reinstated in accordance with the regulations.

(6) An operating permit may be cancelled by a forestry official for a contravention of this Division, the regulations or a term or condition of the operating permit.

(7) A person who fails to comply with subsection (1) or (2) is guilty of an offence and liable on summary conviction to a penalty prescribed in the regulations.

(8) A person who continues to cut or remove trees or continues to engage in an activity that is likely to cause a forest fire after an operating permit has been suspended or cancelled is guilty of an offence and liable on summary conviction to a penalty prescribed in the regulations for every day or part of a day that person continues in violation of the notice of suspension or cancellation.

24. Section 106 of the Act is amended by deleting the word "wild" wherever it appears and substituting the word "forest".

25. Section 108.1 of the Act is repealed and the following substituted:

Seizure permitted

108.1 Where a fire has started, or was started and has been extinguished, on land referred to in subsection 92(1), a forestry official may, where the forestry official believes on reasonable and probable grounds that an offence has been committed, seize anything that the forestry official considers to be evidence of, or of assistance in the determination of, the cause of that fire.

26. Subsection 109(1) of the Act is amended by adding immediately after paragraph (f) the following:

(f.1) respecting the suspension of a permit to burn;

(f.2) prescribing exceptions for the purpose of paragraph 105(1)(b);

(f.3) prescribing circumstances for the purpose of subsection 105(2);

(f.4) prescribing terms and conditions for the purpose of subsection 105(3);

(f.5) respecting the suspension and reinstatement of an operating permit;

27. The Act is amended by adding immediately after section 109 the following:

Lieutenant-Governor in Council regulations

109.1 The Lieutenant-Governor in Council may make regulations

(a) prescribing the penalties to be imposed for contravening this Part; and

(b) respecting the contravention of sections of this Part and the regulations for which proceedings may be commenced in the form of a ticket under the Provincial Offences Act and regulations and the penalties associated with those contraventions.

28. Section 110 of the Act is repealed and the following substituted:

Offence

110. Notwithstanding the other provisions of this Division, a person who

(a) deliberately starts a forest fire; or

(b) recklessly or negligently starts a forest fire

is guilty of an offence and liable on summary conviction to a penalty prescribed in the regulations.

29. Section 111 of the Act is amended by deleting the reference "Municipalities Act" and substituting the reference "Towns and Local Service Districts Act".

30. Subsection 147(2) of the Act is amended by deleting the words "as defined in the Department of Works, Services and Transportation Act".

31. Section 149 of the Act is repealed and the following substituted:

Powers of peace officer

149. A forestry official has the powers of a peace officer under the Criminal Code for the purpose of enforcing this Act or the regulations.

32. Section 151 of the Act is repealed and the following substituted:

Forestry official may request permit or licence be provided

151. A forestry official may, where the forestry official believes on reasonable and probable grounds that a person is engaged in an activity for which a permit or licence is required, request that the person provide the permit or licence for inspection and, where requested, the person shall provide the permit or licence to the forestry official.

33. Section 153 of the Act is amended by

(a) deleting the reference "Summary Proceedings Act" and substituting the reference "Provincial Offences Act"; and

(b) deleting the reference "Minister of Justice" wherever it appears and substituting the reference "Minister of Justice and Public Safety".