Forest Reserves Act

FOREST RESERVES ACT Chapter F‑20 Table of Contents 1 Definitions 3 Appointment of personnel to administer the Act 4 Purpose of reserves 5 Constitution of reserves 6 Acquisition of land 7 Regulations 8 Cancellation of permit 8.1 Administrative penalties 8.2 Payment of penalty 8.3 Enforcement in Court of King’s Bench 8.4 Regulations 9 Posting of signs 10 Offences and penalties 11 Application of other Acts HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Definitions 1 In this Act, (a) “forest reserve” means an area comprising land set aside as a forest reserve by section 5; (b) “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act. RSA 2000 cF‑20 s1;2004 c9 s2 2 Repealed 2004 c9 s3. Appointment of personnel to administer the Act 3 The Minister may appoint, from among employees of the Crown in right of Alberta, such individuals as the Minister considers necessary for the administration of this Act and the regulations, and may, in writing, specify their positions, functions, powers and duties for the purpose of that administration. RSA 2000 cF‑20 s3;2004 c9 s4 Purpose of reserves 4 All forest reserves are set aside and constituted for the conservation of the forests and other vegetation in the forests and for the maintenance of conditions favourable to an optimum water supply in those reserves. RSA 2000 cF‑20 s4;2004 c9 s5 Constitution of reserves 5 (1) The land described in the appendix to the agreement set out in the Schedule to chapter 20 of the Statutes of Alberta, 1948, and to chapter 59 of the Statutes of Canada, 1947, and any other land added to it by amendment is hereby constituted as forest reserves. (2) Notwithstanding subsection (1), the easterly boundary of that portion of the Rocky Mountains Forest Reserve that lies within townships 11 and 12, range 2, all west of the 5th meridian between the northeast corner of section 4, township 11 and the northeast corner of section 15, township 12, is replaced by the boundary described as follows: commencing at the northeast corner of that section 4; thence easterly along the northern boundary of section 3, township 11 to its intersection with the natural line of watershed within what is known as the Whaleback Ridge; thence northerly along that natural line of watershed to its intersection with the northern boundary of section 16, township 12; thence easterly along the northern boundary of that section 16 and of section 15, township 12 to the northeast corner of that section 15. RSA 2000 cF‑20 s5;RSA 2000 c34(Supp) s14 Acquisition of land 6 The Lieutenant Governor in Council may authorize the Minister (a) to expropriate any land in or adjoining a forest reserve, (b) to purchase or otherwise acquire any estate or interest in land and any personal property in conjunction with it where the Minister considers that the land or personal property is required for the carrying out of any policy, program, service or other matter relating to the administration of a forest reserve, or (c) to exchange public land in or adjoining a forest reserve for land outside a forest reserve where the Minister considers that adequate compensation is obtained for the public land, and to pay further compensation on the exchange. RSA 2000 cF‑20 s6;2004 c9 s6 Regulations 7 The Minister may make regulations, with respect to the forest reserves or to the whole or any portion of a forest reserve, (a) respecting the grazing of livestock, including permits for such grazing; (b) prohibiting or restricting, or respecting prohibitions or restrictions respecting, (i) vehicular, pedestrian or other traffic, (ii) the conduct of any business or commercial enterprise, or (iii) any other kind of behaviour; (c) respecting the control or destruction of weeds; (d) establishing and otherwise respecting fees for services under this Act; (e) providing for the exceptions referred to in section 11. RSA 2000 cF‑20 s7;RSA 2000 c34(Supp) s14;2004 c9 s6 Cancellation of permit 8 The Minister may at any time cancel a permit issued pursuant to this Act. RSA 2000 cF‑20 s8;2004 c9 s7 Administrative penalties 8.1 (1) Where the Minister is of the opinion that a person has contravened a provision of this Act or the regulations, the Minister may, subject to the regulations, by notice in writing served on the person personally or by mail require that person to pay to the Government an administrative penalty in the amount set out in the notice for each contravention. (2) A person who contravenes a provision referred to in subsection (1) is liable for the administrative penalty for each day or part of a day on which the contravention occurs and continues. (3) The maximum amount of an administrative penalty that may be imposed under subsection (1) is $5000 or, in the case of a contravention that continues beyond a single day, $5000 for each day or part of a day referred to in subsection (2). (4) A person who pays an administrative penalty in respect of a contravention may not be charged under this Act with an offence in respect of that contravention . (5) A notice under subsection (1) may not be issued more than 2 years after (a) the date on which the contravention occurred, or (b) the date on which evidence of the contravention first came to the attention of an individual referred to in section 3, whichever occurs later. 2004 c9 s8 Payment of penalty 8.2 A person who has been served with a notice of administrative penalty pursuant to section 8.1 shall pay the amount of the penalty within 30 days from the date of service of the notice. 2004 c9 s8 Enforcement in Court of King’s Bench 8.3 Subject to the right to appeal a notice of administrative penalty, where a person fails to pay an administrative penalty in accordance with the notice of administrative penalty and the regulations, the Minister may file a copy of the notice of administrative penalty with the clerk of the Court of King’s Bench and, on being filed, the notice has the same force and effect and may be enforced as if it were a judgment of the Court. 2004 c9 s8;AR 217/2022 Regulations 8.4 The Minister may make regulations respecting appeals from notices of administrative penalty issued under section 8.1 including, without limitation, regulations respecting (a) the composition and manner of appointment of the appeal body; (b) the evidence to be considered by the appeal body and the factors that the appeal body is to consider in reaching its decision; (c) the powers of the appeal body to confirm or reverse a notice of administrative penalty and to vary the amount of an administrative penalty; (d) the procedure to be followed in the appeal and the procedure before the appeal body. 2004 c9 s8 Posting of signs 9 A person shall not post a sign in a forest reserve unless authorized by the Minister to do so. RSA 2000 cF‑20 s9;2004 c9 s9 Offences and penalties 10 A person who contravenes this Act or the regulations or a term or condition of a permit issued under this Act is guilty of an offence against this Act and liable to a fine of not more than $5000 or, in the case of an offence that continues beyond a single day, $5000 for each day or part of a day on which the contravention first occurs and then continues. RSA 2000 cF‑20 s10;2004 c9 s9 Application of other Acts 11 (1) Except as otherwise provided in the regulations, the Forests Act and the Public Lands Act apply to all public land within a forest reserve. (2) Except as otherwise provided in the regulations, (a) dispositions of public land in forest reserves other than those relating to timber rights shall be made pursuant to the Public Lands Act , and (b) dispositions of timber rights on public land in forest reserves shall be made pursuant to the Forests Act . RSA 2000 cF‑20 s11;2004 c9 s10