T-9 - Lands and Forests Act

Section 85 Disposition versions

1987-04-01

85. (Replaced).

R. S. 1964, c. 92, s. 90; 1965 (1st sess.), c. 80, a. 1; 1986, c. 108, s. 237.

1977-12-31

85. (1)  Any officer or person seizing timber in the discharge of his duty may, in the name of the Crown, call in any assistance necessary for securing and protecting the timber so seized.

(2)  Whenever any timber is seized for non-payment of Crown dues or for any other cause of forfeiture, or any prosecution is brought for any penalty or forfeiture, and any question arises whether the said dues have been paid on such timber, or whether the said timber was cut elsewhere than on the public lands aforesaid, the burden of proving payment, or on what land the said timber was cut, shall lie on the owner or claimant of such timber, and not on the officer who seizes the same or the person bringing such prosecution.

(3)  All timber and other things seized shall be deemed confiscated unless the person upon whom they be seized or the owner thereof, within eight days of the seizure, give notice to the Minister that he claims the whole or part thereof, and that the said timber so seized, or part thereof, is not liable to any Crown dues.

The notice shall be accompanied by an affidavit taken before a justice of the peace, or any other person authorized to receive affidavits under section 7, attesting the truth of the facts alleged by the claimant.

In default of such notice, the Minister may order the seizing officer to proceed with the sale of the timber or other things seized, after a previous notice of eight days given in the place where the seizure was effected.

(4)  If, during the fifteen days after the notice given under subsection 3 of this section, the Minister has not given up the timber seized, to the claimant, the latter may, within eight days, make an opposition to the seizure in the same manner as oppositions to annul and to withdraw are made under the Code of Civil Procedure.

The opposition shall further be previously allowed by a judge having jurisdiction in the district in which the timber has been seized.

The judge shall, if he allow it, endorse on the opposition an order upon the seizing officer to return the proceedings on the seizure before the court having jurisdiction, or any judge of such court, within eight days after service to be made upon him of such opposition accompanied by the judge’s order.

The opposition shall not be allowed unless a deposit of $100 has been made by the opposant as security for costs, in the office of the court to which the said judge belongs.

The opposant may, during the proceedings, obtain possession of the timber and other things seized, upon giving two good and sufficient sureties, previously approved by the Minister, to pay the value of the timber and other things seized, if the whole be confiscated.

The bond shall be taken in the name of the Minister to Her Majesty’s use, and shall be delivered up to and kept by the Minister.

If the timber and other things seized be confiscated, the value thereof shall be forthwith paid to the Minister; otherwise such bond shall remain in force.

The opposition shall be a matter wich must be heard and decided, by preference according to the ordinary practice of the court.

R. S. 1964, c. 92, s. 90; 1965 (1st sess.), c. 80, a. 1.