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C-78 - Forestry Credit Act

Section 45
Disposition versions

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45. Every forest in respect of which a loan is granted or serving as security for a loan is subject until full repayment of the loan to a management plan. A forest is not subject to a management plan if the amount of the loan granted for the purposes of section 14 is less than the amount fixed by regulation.
To avail against persons other than the borrower, the management plan must be recorded in a declaration mentioning the immovables to which it applies. Such declaration may be made in the deed of hypothec granted at the making of a loan. It may also be made unilaterally by the agency and it constitutes prima facie proof of the existence of the management plan. Such declaration is subject to the rules regarding publication of rights.
The management plan shall continue to apply to a private forest for an additional period of three years where the loan is repaid in full before the term provided whether by voluntary or compulsory repayment, but such additional period shall not exceed the term originally provided for the repayment of the loan.
Every borrower, subsequent owner or occupant who cuts timber in a forest contrary to the management plan governing the forest is guilty of an offence and liable to a fine of $7/m3 so cut.
1975, c. 33, s. 45; 1984, c. 47, s. 213; 1990, c. 4, s. 362; 1992, c. 61, s. 250; 1992, c. 57, s. 537; 1999, c. 40, s. 97; 2000, c. 53, s. 66.
45. Every forest in respect of which a loan is granted or serving as security for a loan is subject until full repayment of the loan to a management plan. A forest is not subject to a management plan if the amount of the loan granted for the purposes of section 14 is less than the amount fixed by regulation.
To avail against persons other than the borrower, the management plan must be recorded in a declaration mentioning the immovables to which it applies. Such declaration may be made in the deed of hypothec granted at the making of a loan. It may also be made unilaterally by the Bureau and it constitutes prima facie proof of the existence of the management plan. Such declaration is subject to the rules regarding publication of rights.
The management plan shall continue to apply to a private forest for an additional period of three years where the loan is repaid in full before the term provided whether by voluntary or compulsory repayment, but such additional period shall not exceed the term originally provided for the repayment of the loan.
Every borrower, subsequent owner or occupant who cuts timber in a forest contrary to the management plan governing the forest is guilty of an offence and liable to a fine of $7/m3 so cut.
1975, c. 33, s. 45; 1984, c. 47, s. 213; 1990, c. 4, s. 362; 1992, c. 61, s. 250; 1992, c. 57, s. 537; 1999, c. 40, s. 97.
45. Every forest in respect of which a loan is granted or serving as security for a loan is subject until full repayment of the loan to a management plan. A forest is not subject to a management plan if the amount of the loan granted for the purposes of section 14 is less than the amount fixed by regulation.
To avail against persons other than the borrower, the management plan must be recorded in a declaration mentioning the immovables to which it applies. Such declaration may be made in the deed of hypothec granted at the making of a loan. It may also be made unilaterally by the Bureau and it constitutes prima facie proof of the existence of the management plan. Such declaration is subject to the rules regarding registration.
The management plan shall continue to apply to a private forest for an additional period of three years where the loan is repaid in full before the term provided whether by voluntary or compulsory repayment, but such additional period shall not exceed the term originally provided for the repayment of the loan.
Every borrower, subsequent owner or occupant who cuts timber in a forest contrary to the management plan governing the forest is guilty of an offence and liable to a fine of $7/m3 so cut.
1975, c. 33, s. 45; 1984, c. 47, s. 213; 1990, c. 4, s. 362; 1992, c. 61, s. 250; 1992, c. 57, s. 537.
45. Every forest in respect of which a loan is granted or serving as security for a loan is subject until full repayment of the loan to a management plan. A forest is not subject to a management plan if the amount of the loan granted for the purposes of section 14 is less than the amount fixed by regulation.
To avail against persons other than the borrower, the management plan must be recorded in a declaration mentioning the immovables to which it applies. Such declaration may be made in the deed of hypothec or forestry pledge granted at the making of a loan. It may also be made unilaterally by the Bureau and it constitutes primafacie proof of the existence of the management plan. Such declaration is subject to the rules regarding registration.
The management plan shall continue to apply to a private forest for an additional period of three years where the loan is repaid in full before the term provided whether by voluntary or compulsory repayment, but such additional period shall not exceed the term originally provided for the repayment of the loan.
Every borrower, subsequent owner or occupant who cuts timber in a forest contrary to the management plan governing the forest is guilty of an offence and liable to a fine of $7/m3 so cut.
1975, c. 33, s. 45; 1984, c. 47, s. 213; 1990, c. 4, s. 362; 1992, c. 61, s. 250.
45. Every forest in respect of which a loan is granted or serving as security for a loan is subject until full repayment of the loan to a management plan. A forest is not subject to a management plan if the amount of the loan granted for the purposes of section 14 is less than the amount fixed by regulation.
To avail against persons other than the borrower, the management plan must be recorded in a declaration mentioning the immovables to which it applies. Such declaration may be made in the deed of hypothec or forestry pledge granted at the making of a loan. It may also be made unilaterally by the Bureau and it constitutes primafacie proof of the existence of the management plan. Such declaration is subject to the rules regarding registration.
The management plan shall continue to apply to a private forest for an additional period of three years where the loan is repaid in full before the term provided whether by voluntary or compulsory repayment, but such additional period shall not exceed the term originally provided for the repayment of the loan.
Every borrower, subsequent owner or occupant who cuts timber in a forest contrary to the management plan governing the forest is guilty of an offence and liable to a fine of $7/m3 so cut. The penal proceedings may be instituted by the Bureau.
1975, c. 33, s. 45; 1984, c. 47, s. 213; 1990, c. 4, s. 362.
45. Every forest in respect of which a loan is granted or serving as security for a loan is subject until full repayment of the loan to a management plan. A forest is not subject to a management plan if the amount of the loan granted for the purposes of section 14 is less than the amount fixed by regulation.
To avail against persons other than the borrower, the management plan must be recorded in a declaration mentioning the immoveables to which it applies. Such declaration may be made in the deed of hypothec or forestry pledge granted at the making of a loan. It may also be made unilaterally by the Bureau and it constitutes primafacie proof of the existence of the management plan. Such declaration is subject to the rules regarding registration.
The management plan shall continue to apply to a private forest for an additional period of three years where the loan is repaid in full before the term provided whether by voluntary or compulsory repayment, but such additional period shall not exceed the term originally provided for the repayment of the loan.
Timber cutting in a forest by the borrower, any subsequent owner or any occupant contrary to the management plan governing the forest is an offence and entails a penalty for the offender, upon summary proceeding, of a fine of $7/m3 so cut. The offender may be prosecuted by the Bureau.
1975, c. 33, s. 45; 1984, c. 47, s. 213.
45. Every forest in respect of which a loan is granted or serving as security for a loan is subject until full repayment of the loan to a management plan. A forest is not subject to a management plan if the amount of the loan granted for the purposes of section 14 is less than the amount fixed by regulation.
To avail against persons other than the borrower, the management plan must be recorded in a declaration mentioning the immoveables to which it applies. Such declaration may be made in the deed of hypothec or forestry pledge granted at the making of a loan. It may also be made unilaterally by the Bureau and it constitutes primafacie proof of the existence of the management plan. Such declaration is subject to the rules regarding registration.
The management plan shall continue to apply to a private forest for an additional period of three years where the loan is repaid in full before the term provided whether by voluntary or compulsory repayment, but such additional period shall not exceed the term originally provided for the repayment of the loan.
Timber cutting in a forest by the borrower, any subsequent owner or any occupant contrary to the management plan governing the forest is an offence and entails a penalty for the offender, upon summary proceeding, of a fine of $20 per unit of one hundred cubic feet so cut. The offender may be prosecuted by the Bureau.
1975, c. 33, s. 45.
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