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F-4.1 - Forest Act

Section 9
Disposition versions

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9. The State has, for the purpose of securing the payment of dues exigible for the harvest of timber under this Act, a legal hypothec on the timber, even before it is harvested on forest land, by or on behalf of the debtor of such dues, whatever the destination of the timber.
The hypothec shall take effect at the time the timber is delivered to the destination indicated in the permit, and it shall rank from the time it is entered in the register of personal and movable real rights.
For the purposes of the publication of rights, the reference to the number of the forest management unit mentioned in the forest management permit is deemed to be a sufficient description of the encumbered property; the issue of a forest management permit to the same agreement holder in respect of the same forest management unit during each of the years following the year of issue of the first forest management permit is a continuance of the first permit, and the permit so issued each year is deemed to have existed continuously from the date of issue of the first permit.
1986, c. 108, s. 9; 1988, c. 73, s. 1; 1990, c. 17, s. 2; 1992, c. 57, s. 586; 1993, c. 55, s. 41; 1993, c. 55, s. 2; 1999, c. 40, s. 140; 2001, c. 6, s. 2.
9. The State has, for the purpose of securing the payment of dues exigible for the harvest of timber under this Act, a legal hypothec on the timber, even before it is harvested on forest land, by or on behalf of the debtor of such dues, whatever the destination of the timber.
The hypothec shall take effect at the time the timber is delivered to the destination indicated in the permit, and it shall rank from the time it is entered in the register of personal and movable real rights.
For the purposes of the publication of rights, the reference to the number of the common area mentioned in the forest management permit is deemed to be a sufficient description of the encumbered property; the issue of a forest management permit to the same agreement holder in respect of the same common area during each of the years following the year of issue of the first forest management permit is a continuance of the first permit, and the permit so issued each year is deemed to have existed continuously from the date of issue of the first permit.
1986, c. 108, s. 9; 1988, c. 73, s. 1; 1990, c. 17, s. 2; 1992, c. 57, s. 586; 1993, c. 55, s. 41; 1993, c. 55, s. 2; 1999, c. 40, s. 140.
9. The Crown has, for the purpose of securing the payment of dues exigible for the harvest of timber under this Act, a legal hypothec on the timber, even before it is harvested on forest land, by or on behalf of the debtor of such dues, whatever the destination of the timber.
The hypothec shall take effect at the time the timber is delivered to the destination indicated in the permit, and it shall rank from the time it is entered in the register of personal and movable real rights.
For the purposes of the publication of rights, the reference to the number of the common area mentioned in the forest management permit is deemed to be a sufficient description of the encumbered property; the issue of a forest management permit to the same agreement holder in respect of the same common area during each of the years following the year of issue of the first forest management permit is a continuance of the first permit, and the permit so issued each year is deemed to have existed continuously from the date of issue of the first permit.
1986, c. 108, s. 9; 1988, c. 73, s. 1; 1990, c. 17, s. 2; 1992, c. 57, s. 586; 1993, c. 55, s. 41; 1993, c. 55, s. 2.
9. The Crown has, for the purpose of securing the payment of dues exigible for the harvest of timber under this Act, a privilege on the timber harvested on forest land by or on behalf of the debtor of such dues, whatever the destination of the timber.
The privilege shall cease to encumber the harvested timber from the time it is alienated and removed from the public domain; the privilege is, in that case, transferred to any other timber harvested in forests of the public domain under this Act by or on behalf of the debtor. Failing any other harvested timber, the privilege is transferred to the price of alienation of any other timber so harvested.
The privilege shall rank immediately after court costs.
1986, c. 108, s. 9; 1988, c. 73, s. 1; 1990, c. 17, s. 2.
9. The Crown has, for the purpose of securing the payment of dues exigible for the allocation or harvest of timber under this Act, a privilege on the timber harvested on forest land by or on behalf of the debtor of such dues, whatever the destination of the timber.
The privilege shall cease to encumber the harvested timber from the time it is alienated and removed from the public domain; the privilege is, in that case, transferred to any other timber harvested in forests of the public domain under this Act by or on behalf of the debtor. Failing any other harvested timber, the privilege is transferred to the price of alienation of any other timber so harvested.
The privilege shall rank immediately after court costs.
1986, c. 108, s. 9; 1988, c. 73, s. 1.
9. Timber harvested in the forest, whatever its destination, is charged with an immovable real right in favour of the public domain to secure the payment of dues under this Act.
The timber remains so charged wherever and in whatever form it may be, until the exigible dues are paid. The right cannot be invoked, however, against a consumer within the meaning of the Consumer Protection Act (chapter P-40.1).
1986, c. 108, s. 9.
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