Ministry of Natural Resources
Statute Law Amendment Act, 1996
EXPLANATORY NOTE
The Bill amends the Crown Forest Sustainability Act, 1994, the Game and Fish Act and the Provincial Parks Act.
Crown Forest Sustainability Act, 1994
Subsection 1 (1) of the Bill clarifies that the Minister may enter into agreements to perform obligations of licensees under section 27 of the Act.
Subsections 1 (2), (3) and (5) of the Bill allow the Minister to establish the amounts and timing of forest renewal charges and forestry futures charges without the need to make regulations.
Subsection 1 (4) of the Bill makes it an offence to obstruct an employee or agent of the Ministry of Natural Resources acting under section 61 or 62 of the Act.
Game and Fish Act
Subsections 2 (1), (4), (5) and (8) of the Bill replace the Game and Fish Hearing Board with hearing officers appointed by the Minister.
Subsection 2 (2) of the Bill provides that the Act applies to black bear parts whether or not they originated in Ontario. For example, section 51 of the Act makes it an offence to sell game animals without a licence, so the amendment will allow section 51 to be used in respect of black bear parts whether or not they originated in Ontario.
Subsection 2 (3) of the Bill allows deer to be killed in defence of property in accordance with the Minister's written authorization.
Subsection 2 (6) of the Bill provides that a person may not hold more than one licence to hunt black bear in any year.
Subsection 2 (7) of the Bill provides that a licence to hunt black bear only permits one black bear to be taken.
Provincial Parks Act
Subsection 3 (1) of the Bill removes a restriction that prevents agreements with unincorporated entities for the establishment and operation of works, facilities and services in provincial parks.
Subsections 3 (2) and (6) of the Bill allow the Minister to establish and charge fees and rentals in respect of provincial parks without the need to make regulations.
Subsection 3 (3) of the Bill requires specified amounts received by the Crown under the Act to be held in a separate account in the Consolidated Revenue Fund and authorizes the use of these funds for specified purposes.
Subsection 3 (4) of the Bill corrects an error that arose in the Revised Statutes of Ontario, 1990.
Subsection 3 (5) of the Bill allows the Minister to enter into agreements authorizing or requiring persons to exercise or perform certain powers and duties under the Act. A person who enters into an agreement and knowingly contravenes it is guilty of an offence.
Bill 361996
An Act to amend certain Acts administered
by the Ministry of Natural Resources
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Crown Forest Sustainability Act, 1994
1. (1) Subsection 27 (3) of the Crown Forest Sustainability Act, 1994 is repealed and the following substituted:
Agreements
(3) The Minister may enter into an agreement with the holder of a licence under this section in respect of,
(a) renewal and maintenance activities necessary to provide for the sustainability of the Crown forest in the area covered by the licence; or
(b) obligations of the licensee that will be performed by the Minister in return for payment of a fee.
(2) Subsection 49 (1) of the Act is amended by striking out "as required by" in the third line and substituting "in the amounts and within the times required by".
(3) Subsection 51 (5) of the Act is amended by striking out "as required by" in the third line and substituting "in the amounts and within the times required by".
(4) Clause 64 (1) (e) of the Act is amended by striking out "section 60" in the second line and substituting "section 60, 61 or 62".
(5) Paragraph 16 of subsection 69 (1) of the Act is repealed.
Game and Fish Act
2. (1) The definition of "Board" in section 1 of the Game and Fish Act is repealed.
(2) Section 2 of the Act is amended by adding the following subsection:
Same
(4) Despite section 33, this Act applies to black bear parts whether or not they originated in Ontario.
(3) The Act is amended by adding the following section:
Protecting property
2.1 (1) Despite any provision of this Act, deer may be killed in the defence of property if the killing is done in accordance with the written authority of the Minister.
Terms and conditions
(2) The Minister may include terms and conditions in any authority to kill deer in the defence of property.
Ownership
(3) The Crown in right of Ontario owns the deer killed under this section and the deer so killed shall be disposed of as the Minister directs.
Surrender
(4) A person who kills a deer under this section shall surrender it to an officer upon request.
(4) Section 38 of the Act is repealed.
(5) Subsections 41 (1) to (8) of the Act are repealed and the following substituted:
Request for hearing
(1) A notice under section 39 or 40 shall inform the applicant or holder of the licence that he or she may require a hearing by a hearing officer if he or she mails or delivers to the Minister, within 15 days after service of the notice, a written request for a hearing.
Hearing officer appointed
(2) The Minister shall appoint a hearing officer upon receiving a request for a hearing.
Holding a hearing
(3) The hearing officer shall,
(a) appoint a time for a hearing;
(b) hold the hearing; and
(c) report on the hearing to the Minister.
Parties
(4) The applicant or holder of the licence who required the hearing and such other parties as the hearing officer may specify are parties to the hearing.
Minister entitled to be heard
(5) The Minister is entitled to be heard at the hearing.
Report
(6) The report of the hearing officer shall contain a summary of the facts presented at the hearing and the officer's opinion on the merits of the issuing or cancelling of the licence in light of the facts and in view of the purpose of this Act, together with the reasons for the opinion.
Powers of Minister
(7) The Minister, after receiving and considering the report, may direct or refuse to direct the issuance of the licence or may carry out or refrain from carrying out the proposal to cancel the licence.
Procedure
(8) Sections 6 to 9, 10 to 15.1, 16 and 21 to 23 of the Statutory Powers Procedure Act apply, with necessary modifications, to a hearing under this section.
(6) Subsection 47 (2) of the Act is amended by inserting "black bear" after "hunt" in the third line.
(7) Section 47 of the Act is amended by adding the following subsection:
One black bear per licence
(3) Only one black bear may be taken under a licence to hunt black bear.
(8) Despite the repeal of section 38 of the Act, the Game and Fish Hearing Board shall complete any hearings required under section 41 of the Act before this subsection comes into force, and section 41 of the Act, as it read immediately before this subsection comes into force, continues to apply for that purpose.
Provincial Parks Act
3. (1) Clause 7 (3) (e) of the Provincial Parks Act is repealed and the following substituted:
(e) make agreements with respect to the establishment or operation of any works, facilities or services on public lands.
(2) The Act is amended by adding the following section:
Fees and rentals
7.1 The Minister may establish and charge,
(a) fees for entrance into provincial parks of persons, vehicles, boats or aircraft;
(b) fees for the use of provincial parks or of any facilities or services in provincial parks; and
(c) fees and rentals for any licence, permit, lease or other right issued, made or given in respect of a provincial park.
(3) The Act is amended by adding the following section:
Separate account
7.2 (1) The following amounts shall be held in a separate account in the Consolidated Revenue Fund:
1. All fines, fees and rentals paid under this Act or the regulations.
2. All amounts received by the Crown under agreements made under this Act or the regulations.
3. All costs recovered by the Crown under subsection 22 (3).
Money in account
(2) Money standing to the credit of the separate account is, for the purpose of the Financial Administration Act, money paid to Ontario for a special purpose.
Payments out of account
(3) The Minister may direct that money be paid out of the separate account to the Minister or a person specified by the Minister if,
(a) the payment will be used for a purpose related to provincial parks; or
(b) the payment will be used to,
(i) refund all or part of an amount paid under this Act or the regulations, or
(ii) make a payment under subsection 15 (2).
Annual report
(4) The Minister shall ensure that a report is prepared annually on the financial affairs of the separate account.
Tabling of report
(5) The Minister shall submit the report to the Lieutenant Governor in Council and shall table the report in the Legislative Assembly.
(4) The English version of subsection 15 (2) of the Act is amended by striking out "Minister" in the third line and substituting "person".
(5) The Act is amended by adding the following section:
Agreements re powers and duties
20.1 (1) The Minister may enter into an agreement with any person authorizing or requiring the person to exercise any power or perform any duty that is granted to or vested in the Minister or a superintendent under this Act.
Exceptions
(2) Subsection (1) does not apply to the powers of the Minister under sections 10 and 14.
Terms and conditions
(3) An agreement under subsection (1) may contain such terms and conditions as the Minister considers appropriate.
Deeds and contracts
(4) Section 6 of the Executive Council Act does not apply to a deed or contract that is executed under an agreement made under subsection (1).
Offence
(5) A person who enters into an agreement with the Minister under subsection (1) and knowingly contravenes the agreement is guilty of an offence and, on conviction, is liable to a fine of not more than $25,000.
Limitation period
(6) A proceeding in respect of an offence under subsection (5) shall not be commenced more than five years after the date on which the offence was, or is alleged to have been, committed.
(6) Clauses 21 (1) (o) and (q) of the Act are repealed.
Commencement and Short Title
Commencement
4. (1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.
Same
(2) Subsections 2 (1), (4), (5) and (8) and subsections 3 (2) and (6) come into force 30 days after the day this Act receives Royal Assent.
Same
(3) Subsection 3 (3) shall be deemed to have come into force on April 1, 1996.
Short Title
5. The short title of this Act is the Ministry of Natural Resources Statute Law Amendment Act, 1996.