T-9 - Lands and Forests Act

Section 82 Disposition versions

1987-04-01

82. (Replaced).

R. S. 1964, c. 92, s. 87; 1977, c. 5, s. 14; 1979, c. 81, s. 20; 1986, c. 108, s. 237.

1980-04-01

82. Any person who, without authority, cuts or employs or induces any other person to cut, or assists in cutting any timber of any kind on any public lands, or removes or carries away or employs, induces or assists any other person to remove or carry away any merchantable timber of any kind, so cut from any of the public lands aforesaid, shall not acquire any right to the timber so cut, or any claim to any remuneration for cutting, preparing the same for market or conveying the same to or towards market.

In addition to the loss of his labour and disbursements, he shall incur the confiscation of his timber and become liable to a fine of $3 for each tree which he has been found guilty of having cut or caused to be cut, or of having carried away or caused to be carried away without authorization.

Such sum shall be recoverable, with costs, at the suit and in the name of the Attorney General representing Her Majesty in the rights of Québec, in any court having jurisdiction in civil matters to the amount of the penalty.

In all such cases, it shall be incumbent on the party charged to prove his authority to cut; and the averment that the person seizing is duly employed, under the authority of this act or the Act respecting the Ministère de l’Énergie et des Ressources (chapter M-15.1), shall be sufficient proof thereof unless the contrary be proved by the defendant.

Any officer of the Service forestier du Québec specially authorized for such purpose by the Minister and any peace officer may arrest at once any person found in the act of transgressing the provisions of this section, and arraign him or have him arraigned without delay, before a justice of the peace or a magistrate having jurisdiction in the district where the offence has been committed.

R. S. 1964, c. 92, s. 87; 1977, c. 5, s. 14; 1979, c. 81, s. 20.

1977-12-31

82. Any person who, without authority, cuts or employs or induces any other person to cut, or assists in cutting any timber of any kind on any public lands, or removes or carries away or employs, induces or assists any other person to remove or carry away any merchantable timber of any kind, so cut from any of the public lands aforesaid, shall not acquire any right to the timber so cut, or any claim to any remuneration for cutting, preparing the same for market or conveying the same to or towards market.

In addition to the loss of his labour and disbursements, he shall incur the confiscation of his timber and become liable to a fine of three dollars for each tree which he has been found guilty of having cut or caused to be cut, or of having carried away or caused to be carried away without authorization.

Such sum shall be recoverable, with costs, at the suit and in the name of the Attorney-General representing Her Majesty in the rights of Québec, in any court having jurisdiction in civil matters to the amount of the penalty.

In all such cases, it shall be incumbent on the party charged to prove his authority to cut; and the averment that the person seizing is duly employed, under the authority of this act or the Act respecting the Ministère des terres et forêts (chapter M-27), shall be sufficient proof thereof unless the contrary be proved by the defendant.

Any officer of the Service forestier du Québec specially authorized for such purpose by the Minister and any peace officer may arrest at once any person found in the act of transgressing the provisions of this section, and arraign him or have him arraigned without delay, before a justice of the peace or a magistrate having jurisdiction in the district where the offence has been committed.

R. S. 1964, c. 92, s. 87; 1977, c. 5, s. 14.