TITLE I GENERAL PROVISIONS
CHAPTER I OBJECT, SCOPE AND OTHER PROVISIONS
1. This Act establishes a forest regime designed to (1) implement sustainable forest development, in particular through ecosystem-based development; (2) ensure integrated and regionalized resource and land management based on clear, consistent objectives, measurable results and the accountability of managers and users of the forest; (3) determine how responsibilities under the forest regime are shared between the State, regional bodies, Native communities and users of the forest; (4) follow up and monitor forest operations in the domain of the State; (5) govern the sale of timber and other forest products on the open market at a price reflecting their market value, and the supply of timber to wood processing plants; (6) regulate the development of private forests; and (7) govern forest protection activities.
2. Sustainable forest development must contribute, in particular, to (1) the preservation of biological diversity; (2) the maintenance and improvement of the condition and productivity of forest ecosystems; (3) the conservation of soil and water; (4) the maintenance of forest ecosystem contributions to major ecological cycles; (5) the maintenance of the many socio-economic benefits society derives from forests; and (6) the consideration, in making development choices, of the values and needs expressed by the populations concerned.
3. This Act applies to the forests in the domain of the State and forests belonging to private owners or held under a title of ownership by a Native landholding corporation to which the Act respecting the land regime in the James Bay and New Québec territories (chapter R-13.1) applies, to the extent provided for in this Act.
4. For the purposes of this Act, (1) “forest development activity” means an activity related to timber felling and harvesting, the operation of a sugar bush, the construction, improvement, repair, maintenance or closure of infrastructures, the carrying out of silvicultural treatments, including reforestation and the use of fire, fire protection, the suppression of insect epidemics, cryptogamic diseases and competing vegetation, and all similar activities that tangibly affect forest resources; (2) “ecosystem-based development” means development that consists in ensuring the preservation of the biodiversity and viability of ecosystems by reducing the differences between developed and natural forests; (3) “wood-processing plant” means a set of facilities for processing rough or partially processed timber.
5. In order to promote sustainable forest development, the month of May of each year is declared “Tree and Forest Month”.
CHAPTER II PROVISIONS SPECIFIC TO NATIVE COMMUNITIES
6. Taking account of the interests, values and needs of the Native communities present on forest lands is an integral part of sustainable forest development.
7. The Minister must consult Native communities specifically to ensure that sustainable forest development and forest management take into account, and accommodate if necessary, their interests, values and needs. The Minister must ensure that the consultation policy drawn up under section 9 includes a procedure that is specific to Native communities, established in a spirit of collaboration with those communities.
8. The Government is authorized to enter into agreements with any Native community represented by its band council to enable the members of the community to carry out and follow up on certain forest development activities, and to support sustainable forest development.
CHAPTER III CONSULTATION POLICY
9. The Minister draws up, makes public and keeps up to date a consultation policy that fosters the participation of persons and bodies affected by the priorities for sustainable forest development and forest management. Before the policy is published, the Minister consults the Native communities and the general public. The same applies to any change in the policy. The Minister sees that the consultation policy is implemented and establishes a Forestry Partners Panel under it. The Minister appoints the panel members and sets its operating rules.
10. The consultation policy sets out, among other things, its objects, a consultation process adjusted to its objects or to the persons or bodies consulted, and a consultation procedure specific to Native communities.
CHAPTER IV SUSTAINABLE FOREST DEVELOPMENT STRATEGY
11. In collaboration with the Minister of Sustainable Development, Environment and Parks, the Minister of Agriculture, Fisheries and Food and the ministers or public bodies concerned, the Minister draws up a sustainable forest development strategy. The Minister makes the strategy public, implements it and keeps it up to date. Before the policy is published, the Minister consults the Native communities and the general public. The same applies to any change in the policy.
12. The strategy sets out the approach chosen and the sustainable development policy directions and objectives applicable to forest lands, in particular with regard to ecosystem-based development. The strategy also defines the mechanisms and means required for its implementation, follow-up and evaluation. The strategy is to form the basis of any sustainable forest development instrument set up by the State, the regional bodies, the Native communities and the users of the forest.
TITLE II FORESTS IN THE DOMAIN OF THE STATE
CHAPTER I DIVISION OF FOREST LANDS
DIVISION I GENERAL PROVISIONS
13. The forests in the domain of the State are divided into development units that, among other things, define areas for the production of forest resources or an increase in that production. The forests in the domain of the State may also be divided into local forests by the Minister under the Act respecting the Ministère des Ressources naturelles et de la Faune (chapter M-25.2). Such a division of the forest may be made either inside or outside of development units. The forests in the domain of the State that are not divided into development units or local forests are established as residual forests.
14. The forests in the domain of the State may also, under this Act, be constituted as experimental forests, teaching and research forests, forest stations, biological refuges, exceptional forest ecosystems or wetlands of interest.
DIVISION II DEVELOPMENT UNITS
15. The Minister divides into development units the forests in the domain of the State that are located south of a boundary line the Minister determines.
16. Development units are land units in which allowable cuts are calculated and forest operations are planned and carried out in keeping with sustainable forest development objectives.
17. The Minister may, exceptionally, redefine the northern boundary line and the boundaries of the development units. When changes are being made, the territory of each administrative region of Québec, the biophysical features present and the different uses of the areas must be taken into consideration. Changes and the date on which they come into force are made public. Changes to the northern boundary line and the new perimeter of the units must be drawn on maps posted on the department’s website.
DIVISION III FORESTS ESTABLISHED FOR EXPERIMENTAL PURPOSES OR FOR TEACHING AND RESEARCH
18. The Minister may establish experimental forests to promote the advancement of forestry. Only forest development activities related to research and experimentation are allowed in those forests.
19. The Minister may authorize a person to carry on the forest development activities referred to in section 18 on the conditions determined by the Minister. The conditions may depart from the forest development standards prescribed by government regulation if the Minister considers it justified for research or experimental purposes.
20. The Minister may establish teaching and research forests to promote field instruction and applied research in forestry and sustainable forest development. Only forest development activities carried out for teaching and research purposes are allowed in those forests.
21. The Minister may, on the conditions determined by the Minister, entrust the management of a teaching and research forest to a non-profit organization dedicated to teaching or research. The organization carries on authorized forest development activities subject to the conditions set out in the management agreement. The conditions may depart from the forest development standards prescribed by government regulation if the Minister considers it justified for research purposes. If forest development activities include the harvesting of timber that may be used by a wood processing plant, the destination to which the timber is sent must be approved by the Minister.
DIVISION IV FOREST STATIONS
22. With the authorization of the Government, the Minister may establish forest stations with a view to concentrating in a single location activities related to experimentation, teaching and research and other compatible activities that foster the development and enhancement of a forest station.
23. Forest stations are set up by the Minister who ensures that all the activities carried on in a forest station are compatible with its mission.
24. The Minister may, on the conditions determined by the Minister, entrust a legal person with the mandate to carry out all or some of the forest development activities of a forest station in order to foster the development and enhancement of the station. Before carrying out the forest development activities authorized by the Minister under the mandate, the mandatary must submit a development plan to the Minister for approval.
25. The Minister may allow the mandatary to sell for the mandatary’s own account any timber harvested in carrying out the forest development activities authorized by the Minister under the mandate. The mandate may include special provisions concerning the sale and destination of the timber, the activity reports the mandatary must submit to the Minister or any other provision to ensure the carrying out of the mandate.
26. Experimentation, teaching and research activities carried out at a forest station, including related forest development activities, are governed by the applicable provisions in Division III as if the forest station were an experimental forest or a teaching and research forest.
DIVISION V BIOLOGICAL REFUGES
27. The Minister may designate forest areas as biological refuges in order to protect certain mature or overmature forests that are representative of Québec’s forest heritage and foster the maintenance of the biological diversity of those forests. To that end, the Minister draws the boundaries of biological refuges in the forests in the domain of the State, and manages the refuges so as to ensure their continued protection. The biological refuges are defined and shown on the land use plan provided for in the Act respecting the lands in the domain of the State (chapter T-8.1).
28. The Minister may make any change the Minister deems necessary to correct an error, inaccuracy or other incongruity that occurred in establishing the boundaries of a biological refuge. The Minister may also change the boundaries of a biological refuge or revoke its status if it is no longer characterized by the biodiversity that initially warranted its protection. However, if the refuge is entered in the register of protected areas established in accordance with the Natural Heritage Conservation Act (chapter C-61.01), the Minister must first obtain the approval of the minister responsible for keeping that register.
29. The Minister keeps the list of designated biological refuges up to date. The list is published on the department’s website and contains the following information: (1) the number assigned to the biological refuge; (2) the number of the development unit in which the biological refuge is located; and (3) the geographical coordinates and the area of the biological refuge. The geographical boundaries of a biological refuge must also be shown on maps posted on the department’s website.
30. Forest development activities are prohibited in a biological refuge. The Minister may nevertheless authorize a forest development activity, on the conditions the Minister determines, if the Minister considers it expedient and if the activity is not likely to have an adverse effect on the maintenance of biological diversity. If the refuge is entered in the register of protected areas established in accordance with the Natural Heritage Conservation Act (chapter C-61.01), however, the Minister must first consult the minister responsible for keeping that register to obtain an opinion on the impact of the proposed activity.
DIVISION VI EXCEPTIONAL FOREST ECOSYSTEMS
31. Forest ecosystems that are of special interest for the conservation of biological diversity, because of their scarcity or age, for instance, may be classified as exceptional forest ecosystems. The boundaries of exceptional forest ecosystems are defined by the Minister, in agreement with the Minister of Sustainable Development, Environment and Parks.
32. The Minister has a notice of classification published in the Gazette officielle du Québec and on the department’s website. The perimeter of the exceptional forest ecosystem must be defined and shown on the land use plan provided for in the Act respecting the lands in the domain of the State (chapter T-8.1).
33. The Minister may, subject to the same conditions, extend the boundaries of an exceptional forest ecosystem or, if the Minister considers that the grounds for classification no longer exist, declassify part or all of the site.
34. All forest development activities are prohibited in an exceptional forest ecosystem. However, the Minister may, on the conditions determined by the Minister and after consulting the Minister of Sustainable Development, Environment and Parks, authorize a forest development activity if the Minister considers it expedient and if, in the Minister’s opinion, the activity is not likely to have an adverse effect on the conservation of biological diversity.
35. If the Minister is of the opinion that the exercise of a right referred to in section 8 of the Mining Act (chapter M-13.1) or section 15 of the Petroleum Resources Act (chapter H-4.2) within the boundaries of an exceptional forest ecosystem may have an adverse effect on the conservation of biological diversity, the Minister may order that all work cease and either enter with the holder of the right into an agreement providing for the abandonment or surrender of the right according to the procedure set out in those Acts, or expropriate the right in accordance with the Expropriation Act (chapter E-24).
DIVISION VII WETLANDS OF INTEREST
35.1. The Minister may, to protect wet forests of high ecological value or of great importance for the maintenance of biological diversity, designate them as wetlands of interest. The boundaries of such wetlands are established by the Minister with the approval of the minister responsible for keeping the register of protected areas established in accordance with the Natural Heritage Conservation Act (chapter C-61.01).
35.2. The Minister has the notice of designation of a wetland of interest published in the Gazette officielle du Québec and on the department’s website. Wetlands of interest must be defined and shown on the land use plan provided for in the Act respecting the lands in the domain of the State (chapter T-8.1).
35.3. The Minister may make any change the Minister considers necessary in order to correct an error, inaccuracy or other incongruity that occurred in establishing the boundaries of a wetland of interest. The Minister may also change the boundaries of a wetland of interest or revoke its status if the wetland is no longer characterized by the ecological features or biological diversity that initially warranted its protection. However, if a wetland of interest is entered in the register of protected areas established in accordance with the Natural Heritage Conservation Act (chapter C-61.01), the Minister must first obtain the approval of the minister responsible for keeping that register.
35.4. The Minister keeps the list of designated wetlands of interest up to date. The list is published on the department’s website and contains at least the following information: (1) the number assigned to the wetland of interest; (2) the number of the development unit in which the wetland of interest is located; and (3) the geographical coordinates and the area of the wetland of interest. The geographical boundaries of a wetland of interest must also be shown on maps posted on the department’s website.
35.5. Forest development activities are prohibited in a wetland of interest. The Minister may nevertheless authorize a forest development activity, on the conditions the Minister determines, if the Minister considers it expedient and if the activity is not likely to have an adverse effect on the maintenance of the ecological value or biological diversity of the wetland of interest. If the wetland of interest is entered in the register of protected areas established in accordance with the Natural Heritage Conservation Act (chapter C-61.01), however, the Minister must first consult the minister responsible for keeping that register to obtain an opinion on the impact of the proposed activity.
CHAPTER II INCREASING TIMBER PRODUCTION
36. The Minister sets criteria for identifying areas of high forestry potential where increased timber production may be seriously considered.
37. The Minister sends a map showing the location of those areas to the Native communities concerned and, if applicable, to the responsible bodies referred to in section 21.5 of the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1). After the necessary consultations have been carried out, the Native communities and responsible bodies concerned propose to the Minister the areas, from among those referred to in section 38, in which they would like to see timber production given priority. These proposals are taken into account in the regional and local consultation process leading to the creation of integrated forest development plans.
CHAPTER III FOREST DEVELOPMENT STANDARDS
38. The Government may, by regulation, prescribe sustainable forest development standards for anyone carrying on a forest development activity in a forest in the domain of the State. The main object of the standards is to ensure the preservation or renewal of the forest cover, the protection of the forest environment, the conciliation of forest development activities with the activities pursued by Native people and other users of the forest, and the compatibility of forest development activities with the use of land in the domain of the State under the land use plan provided for in the Act respecting the lands in the domain of the State (chapter T-8.1). Among other things, the standards may cover- (1) the area, location and spatial organization of forest operations and the residual forest areas after those operations; (2) the protection of lakes, watercourses, riparian areas and wetlands; (3) the protection of soil and water quality; (4) the installation and use of piling, lopping, sawing and transfer areas; (5) the location, construction, improvement, repair, maintenance and decommissioning of roads; (6) the site of forest camps, sugar bush buildings and equipment and other infrastructures; (7) the regulation of forest development activities in order to protect various resources, sites or land units; (8) the forest development activities affecting wildlife protection, management and utilization activities in controlled territories within the meaning of the Act respecting the conservation and development of wildlife (chapter C-61.1); (9) the application of silvicultural treatments, including marking activities; and (10) the protection of forest regeneration. The Government may also determine, by regulation, the provisions of the regulation whose violation constitutes an offence and specify, from among the fines prescribed in section 245, the one to which an offender is liable for a given offence.
39. The Minister may designate a river as a salmon river. All forest development activities are prohibited in the riparian zone, determined by government regulation, of a salmon river or part of a salmon river, unless prior authorization is obtained from the Minister.
40. The Minister may, for all or part of the forest, impose on persons or bodies subject to a development plan forest development standards different from those prescribed by government regulation, when existing government standards do not provide adequate protection for all the resources of the forest due to the characteristics of the forest and the nature of the project to be carried out. The Minister may also, at the request of a Native community or on the Minister’s own initiative after consulting the Native community, impose different forest development standards to facilitate the conciliation of forest development activities with the domestic, ritual or social activities pursued by the community, or to implement an agreement that the Government or a minister enters into with the community. The Minister may also authorize a departure from the regulatory standards if it is shown that the substitute measures proposed by persons or bodies subject to a development plan offer equivalent or superior protection for forest resources and the forest environment. The Minister defines, in the plan, the forest development standards imposed or authorized and specifies the places where they are applicable, any regulatory standards they replace, and the mechanisms for ensuring their application. The Minister specifies, in the plan, from among the fines prescribed in section 246, the one to which an offender is liable for a given offence.
CHAPTER IV MULTI-PURPOSE ROADS
41. A person who intends to carry out work for the construction, improvement or decommissioning of a multi-purpose road must be authorized by the Minister on the conditions determined by the Minister, unless the work is authorized under a forestry permit or a contract or agreement entered into under this Act. A multi-purpose road is a road in the forest, other than a mining road, built or used for multiple purposes, notably to give access to the forest and its resources.
42. Any person may use a multi-purpose road provided the person complies with the standards prescribed by government regulation in the interests of public safety and road integrity. However, the Minister may, in the public interest, restrict access to a multi-purpose road on the conditions determined by the Minister, or prohibit access to such a road.
43. No claim for damages may be made by a person using a multi-purpose road on account of a defect in the construction, improvement, repair or maintenance of the road.
44. The Government may, by regulation, (1) prescribe standards for public safety and road integrity with which persons using a multi-purpose road must comply; and (2) determine the provisions of the regulation whose violation constitutes an offence and specify, from among the fines prescribed in section 244, the one to which an offender is liable for a given offence.
CHAPTER V CHIEF FORESTER
45. The position of chief forester is established within the department. The chief forester exercises the functions outlined in this chapter in keeping with the principle of sustainable development and in the independent manner provided for in this Act. The Government appoints a chief forester from among at least three persons approved by a committee following a selection process established by the Government. The committee is to be composed of three members appointed by the Government. The chief forester holds the position of associate deputy minister, in accordance with the Public Service Act (chapter F-3.1.1), for a five-year term.
46. The functions of the chief forester, in keeping with the policy directions and objectives of the sustainable forest development strategy, consist in (1) establishing the methods, means and tools required to calculate allowable cuts in the forests in the domain of the State; (2) determining the forest data and ecological data required to carry out the analyses used to determine allowable cuts; (3) preparing, publishing and keeping up to date a sustainable forest development manual to be used for determining allowable cuts; (4) on the request of the Minister, providing the support needed to establish forest development strategies as part of the forest planning process; (5) determining allowable cuts for forest development units, local forests and certain residual forests, given the regional and local sustainable forest development objectives; (6) reviewing allowable cuts every five years and, if necessary, updating them; (7) at the Minister’s request, changing the allowable cuts assigned to an area, if circumstances are such that sustainable forest development could be compromised without an immediate change or if, on the basis of the same considerations as were used to determine them, allowable cuts may be revised upwards; (8) making allowable cuts, their date of coming into force and the grounds for their determination public; (8.1) in accordance with section 46.1 and after the five-year review of allowable cuts, determining the volumes of unharvested timber available for harvest, and making public those volumes and the grounds for the determination; and (9) analyzing the sustainable forest development results achieved in the forests in the domain of the State and sending the analysis to the Minister at the time and subject to the conditions set by the Minister. The date of coming into force of the allowable cuts determined or revised by the chief forester corresponds to the date of coming into force of the tactical plans for integrated forest development. The date of coming into force of the allowable cuts changed by the chief forester under subparagraph 7 of the first paragraph is set by the Minister, but may not be prior to 1 April following the year the change was applied for.
46.1. In determining the volumes of timber referred to in subparagraph 8.1 of the first paragraph of section 46, the chief forester ensures that harvesting that timber will not affect the allowable cut assigned to the area concerned or impact negatively on the achievement of sustainable forest development objectives. Such timber may, as the Minister determines, be left standing, be marketed by the timber marketing board, or be sold to one or more wood processing plants at the rates set by the timber marketing board. The volumes of timber referred to in subparagraph 8.1 of the first paragraph of section 46 are the volumes which were not harvested in the area concerned during the five years preceding the five-year review of annual cuts or during the period covered by the previous tactical plans for integrated forest development, but which, solely for the purpose of calculating the allowable cut, were considered by the chief forester as having been harvested.
47. The chief forester is also responsible for advising the Minister on policy and planning in forestry research and development, on the northern boundary line and the boundaries of development units and local forests, on the activities to be carried out to optimize forest development strategies and on any other matter that, in the opinion of the chief forester, requires government action or attention. The Minister may entrust any forestry mandate to the chief forester and ask the chief forester for advice on any matter related to private forests or the forests in the domain of the State. The advisory opinions of the chief forester must be available to the public.
48. The allowable cuts determined by the chief forester with regard to forest development activities carried out before 1 April 2018 are annual allowable cuts. They correspond, for a given development unit or local forest, to the maximum volume of timber of a particular species or group of species that may be harvested annually, in perpetuity, without diminishing the productive capacity of the forest, while at the same time taking into account certain sustainable forest development objectives having to do, for instance, with the natural dynamics of forests, including their composition and age structure, and diversified forest use. The allowable cuts determined by the chief forester with regard to forest development activities carried out after 31 March 2018 correspond, for a given development unit or local forest, to the maximum volume of timber of a particular species or group of species that may be harvested annually, while at the same time ensuring the renewal and evolution of the forest on the basis of the applicable sustainable forest development objectives, including those having to do with (1) the sustainability of forests; (2) the impact of climate change on forests; (3) the natural dynamics of forests, including their composition, age structure and tree distribution pattern; (4) the maintenance and improvement of the productive capacity of forests; and (5) the diversified use of forests.
49. A public body referred to in the first paragraph of section 3 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) must provide the chief forester with the information and documents the latter requests and that are necessary to exercise the functions of office.
50. The chief forester may carry out any investigations the chief forester considers necessary for the exercise of the functions of office. For the purposes of an investigation, the chief forester is vested with the powers and immunity provided for in the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment. No judicial proceedings may be brought against the chief forester for acting in good faith in the exercise of the functions of office.
51. The chief forester must, within three months following the end of each fiscal period, send an activity report to the Minister. The report must be attached to the department’s annual management report.
CHAPTER VI SUSTAINABLE FOREST DEVELOPMENT AND FOREST MANAGEMENT
DIVISION I RESPONSIBILITIES OF THE MINISTER
52. The Minister is responsible for the sustainable development of the forests in the domain of the State and for their management, and more particularly for forest planning, the carrying out, follow-up and monitoring of forest operations, timber scaling and the granting of forestry rights. The Minister exercises ministerial responsibilities and powers under this Act in conformity with the sustainable forest development strategy and the allowable cut, subject to the provisions applicable to special development plans.
DIVISION II FOREST PLANNING IN DEVELOPMENT UNITS
53. Development units are subject to forest planning so that forest operations may be organized and carried out within their boundaries. Such planning is part of a regional and local consultation process leading to the creation of integrated forest development plans and special forest development plans. These plans are founded on ecosystem-based development and take into account any efficiency targets and objectives the Minister sets for forest operations.
54. The Minister draws up a tactical plan and an operational plan for integrated forest development for each development unit, in collaboration with the local integrated land and resource management panel set up for the unit. When drawing up the plans, the Minister may also retain the services of forest planning experts. The tactical plan contains, among other things, the allowable cuts assigned to the unit, the sustainable forest development objectives, the forest development strategies adopted to ensure that allowable cuts are respected and objectives are achieved, and the location of the main infrastructures and the areas of increased timber production. This plan covers a five-year period. The operational plan basically sets out the forest operations zones in which timber harvesting or other forest development activities are planned under the tactical plan. It also contains the harmonization measures adopted by the Minister. The operational plan is updated from time to time, to allow for, among other things, the gradual addition of new zones in which forest operations may be carried out. The Minister prepares, keeps up to date and makes public a manual for the preparation of plans, and guides that the Minister follows to prepare sylvicultural prescriptions.
55. The local integrated land and resource management panel is set up in order to ensure that the interests and concerns of the persons and bodies affected by planned forest development objectives are taken into account, to define local sustainable forest development objectives and to agree on measures to harmonize the use of resources. The composition and operation of a panel, including its dispute resolution mechanisms, are the responsibility of the Minister or, if applicable, the responsible bodies referred to in section 21.5 of the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1). The Minister or body must, however, invite the following persons or bodies, or their representatives, to sit on the panel: (1) the Native communities, represented by their band council; (2) the regional county municipalities and, if applicable, the metropolitan community; (3) the holders of a timber supply guarantee; (4) the persons or bodies that manage controlled zones; (5) the persons or bodies authorized to organize activities, provide services or carry on a business in a wildlife sanctuary; (6) the holders of an outfitter’s licence; (7) the holders of a sugar bush management permit for acericultural purposes; (7.1) the holders of a permit to harvest timber to supply a wood processing plant; (8) the lessees of land for agricultural purposes; (9) the holders of trapping licences who hold a lease of exclusive trapping rights; and (10) the regional environmental councils. A list of the participants on the panel, once the panel’s composition has been established, must be sent to the Minister if its composition and operation are not under the Minister’s responsibility. The Minister may then invite any persons or bodies not on the list to sit on the panel, if the Minister judges that their presence is needed to ensure integrated management of the resources and land.
55.1. The Minister may entrust the composition and operation of the local integrated land and resource management panel under the Minister’s responsibility, including the resolution of disputes that could occur on the panel, to one or more regional county municipalities with which the Minister enters into an agreement described in section 126.3 of the Municipal Powers Act (chapter C-47.1). In such a case, the municipalities referred to in the first paragraph must invite the persons or bodies concerned that are listed in the second paragraph of section 55 or their representatives and, once the panel’s composition has been established, send a list of the participants on the panel to the Minister. The Minister may then invite any persons or bodies not on the list to sit on the panel, if the Minister judges that their presence is needed to ensure integrated management of the land and resources.
56. For the purpose of preparing the operational plan, the Minister works with panel participants who so request and who demonstrate a specific interest in order to ensure that that interest is taken more fully into account. To that end, the Minister may take the proposals of such participants into consideration. However, holders of a timber supply guarantee or of a permit to harvest timber to supply a wood processing plant need not make a request and their specific interest is presumed insofar as the plan concerns, as applicable, a development unit included in a region covered by their guarantee or a development unit covered by their permit. To optimize operational conditions with regard to forest development activities, holders of a timber supply guarantee may present proposals to the Minister concerning forest operations zones to be included in the plan. Before a public consultation on the operational plan is held, the draft plan is sent to the local integrated land and resource management panel to ensure that its contents are compatible with the interests and concerns of all panel participants.
57. Integrated forest development plans must be the object of a public consultation held by the body responsible for the composition and operation of the local integrated land and resource management panel or, if applicable, by the regional county municipality to which that responsibility was entrusted under section 55.1. The conduct of the public consultation, its duration, and the documents that must accompany the plans during the consultation are defined by the Minister in a manual which the Minister makes public. If the Minister holds a consultation, the Minister prepares a report summarizing the comments obtained during the consultation. If the consultation is held by a responsible body referred to in section 21.5 of the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1) or by a regional county municipality, the body or municipality, as applicable, prepares and sends to the Minister, within the time determined by the Minister, a report summarizing the comments obtained during the consultation and, in the case of a divergence in points of view, proposes any solutions. The consultation report is made public by the Minister.
58. Throughout the process leading to the drafting of the plans, the Minister sees that forest planning is founded on ecosystem-based development and on integrated and regionalized land and resource management. During this process, the Minister (1) establishes a timetable for the formulation of the plans; (2) ensures that the policy directions and objectives set out in the regional plan for integrated land and resource development drawn up by a regional commission under the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1) are taken into account in preparing the tactical and operational plans, to the extent provided for in the plan implementation agreement entered into with the responsible body, referred to in section 21.5 of that Act, to which the regional commission concerned reports; (3) directs the proceedings of the local integrated land and resource management panel, if the Minister is responsible for the composition and operation of the panel and has not entrusted that responsibility, or participates in the proceedings in any other case, and takes account, in preparing the plans, of the local objectives and the harmonization measures agreed upon by those panels; (4) rules when there is a disagreement on a local integrated land and resource management panel, if the applicable dispute resolution mechanisms fail; (5) establishes a timetable for the public consultation referred to in section 57 and takes account, in preparing the plans, of the comments sent in by persons and bodies in the course of the consultation; (6) consults the Native communities affected by forest planning so as to be aware of their concerns relating to the possible effects of the planned activities on their domestic, ritual or social activities, and accommodates those concerns, if necessary; (7) adjusts the plans, if necessary, before setting the date on which they are to come into force; (8) establishes the silvicultural prescriptions applicable to the forest operations zones contained in the operational plan, on the basis, among other things, of the harmonization measures adopted by the Minister; and (9) makes the plans public on their coming into force.
59. Changes to the integrated forest development plans, including updates to the operational plan, must be established and finalized under the rules applicable to the initial plans. However, updates and changes to the operational plan are subject to the public consultation process only if (1) they add a new forest operations zone or a new infrastructure; (2) they substantially change a forest operations zone, an infrastructure or a forest development standard already identified on the plan.
60. If substantial damage to timber stands in a forest area is caused by a natural disturbance or human influence, or if a forest area is required for hydroelectric or wind power development and designated for that purpose by order of the Government, the Minister may, with the participation of the local integrated land and resource management panel concerned, prepare a special development plan to ensure that the timber is salvaged and that the appropriate silvicultural treatments are applied, and administer the plan for the period and on the conditions specified in it. The plan may set out conditions that depart from the forest development standards prescribed by government regulation if the departure is necessary to salvage the timber, and may provide that the allowable cut be exceeded if the Minister considers it necessary so as not to lose timber that could be salvaged. A person or body to which the Minister has entrusted or delegated forest development activities on land covered by a special plan must comply with the plan. To the extent specified in it, the plan replaces any development plan that was applicable on that land. The Minister may grant financial assistance for the implementation of a special plan to a person or body that is to carry out the forest development activities described in the plan and that applies for assistance in writing.
61. Special development plans and changes to them must be established and finalized under the rules applicable to integrated forest development plans. However, a special plan is not subject to the public consultation process if the Minister considers that there is an urgent need for its application, particularly if the plan is considered necessary in order to avoid a deterioration or loss of timber.
DIVISION III FOREST OPERATIONS
62. Planned forest development activities are carried out by the Minister or by forest development enterprises that hold the certificates recognized by the Minister or that are registered in a program to obtain such certificates. They may also be carried out under the supervision and responsibility of an enterprise that holds the required certificates or is registered in a program to obtain such certificates. The contracts entered into with the forest development enterprises may cover, in addition to the forest development activities to be carried out, the activities related to their planning or management, or the activities related to timber transportation. Some planned forest development activities may also be carried out by the holder of a timber supply guarantee or the holder of a permit to harvest timber to supply a wood processing plant, on the conditions prescribed by this Act, provided they hold the certificates recognized by the Minister or are registered in a program to obtain such certificates.
63. The timber harvested in the course of planned forest development activities, if not allocated to the holder of a timber supply guarantee or to the holder of a permit to harvest timber to supply a wood processing plant, may be marketed by the timber marketing board or sold to one or more wood processing plants at the rates set by the timber marketing board.
DIVISION IV FOLLOW-UP AND MONITORING
65. The Minister supervises forest operations, particularly those carried out by forest development enterprises, holders of timber supply guarantees and holders of permits to harvest timber to supply a wood processing plant, checks the quality of the forest development work and determines whether the objectives set within the framework of the forest planning process have been achieved. The Minister ensures compliance with the harmonization measures, forest development standards and other provisions of this Act and the regulations, and, if the persons or bodies carrying out forest development activities fail to comply, requires them to take the corrective measures the Minister considers necessary, or takes them at their expense if they refuse to do so.
66. The Minister may require any person or body carrying out forest development activities in the forests in the domain of the State to submit a report concerning those activities to the Minister, on the date or dates the Minister sets. The information in the report must be available to the public. The elements that the report is to contain are determined and defined in an instruction manual prepared and kept up to date by the Minister. The manual is made public and, at their request, is given to the persons or bodies required to make the report.
67. The Minister may, for the purposes of this division, authorize a person to carry out an inspection and verify the data and information in the activity report. To that end, the person may (1) enter at any reasonable time an establishment where the person has reasonable cause to believe that data and information necessary for the follow-up and monitoring of forest operations are to be found; (2) examine and make copies of the books, records, accounts, files and other documents containing data or information that is or was used to prepare the activity report; and (3) require any information relating to the forest development activities that the person or body carried out, and any related document. On request, the person authorized by the Minister must introduce himself or herself and produce a certificate of authority signed by the Minister.
68. The Minister may make an order upon observing that forest development activities are carried out unlawfully or in violation of a condition set in a forestry permit, a forest development plan, a contract, an agreement or a standard provided for in or prescribed under this Act. The order requires the offender to cease the unlawful activities immediately or within a specified time or, if applicable, to submit to the conditions set out in the forestry permit or comply with the development plan or the legal, regulatory or contractual provisions applicable. The order may also require the offender to suspend all or part of a forest development activity determined by the Minister, for the period and on the conditions set by the Minister. The order must include reasons and be served on the offender. It takes effect on the date on which it is served. If the offender refuses or neglects to comply with the order, the Minister may, in addition to any other recourse, apply to the Superior Court for an injunction ordering the offender to comply.
69. The Minister keeps up to date and makes public a list of areas in which timber production has been increased. The list includes the following information: (1) the geographical coordinates and area of the increased timber production area; and (2) a summary description of the increased production activities carried out there. The geographical boundaries of an area of increased timber production must also be shown on maps posted on the department’s website.
70. The Minister is responsible for scaling timber in the forests in the domain of the State. The Minister may require any person or body authorized to harvest timber in the forests in the domain of the State to scale the timber according to one of the methods determined by government regulation. The scaling method is chosen by the Minister after consulting the person or body concerned. The person or body must follow the instructions for the scaling method selected set out in the manual prepared for that purpose by the timber marketing board established under section 119.
71. The Minister may, for the purposes of this Act, authorize a person to verify the application of the scaling standards for timber harvested in the forests in the domain of the State. In carrying out the functions of office, the person may intercept, on a road in the forest, a road vehicle used to transport timber and require the driver to stop the vehicle so that the documents relating to timber transportation that the driver must have in his or her possession may be verified. For that purpose, the person may (1) establish checkpoints in a forest; (2) require that the driver submit the documents and all related information for examination; and (3) require that the driver or any person accompanying the driver provide reasonable assistance during the verification. The driver of the vehicle and any person accompanying the driver must comply immediately with what is required of them. On request, the person authorized by the Minister must introduce himself or herself and produce a certificate of authority signed by the Minister.
72. The Government may, by regulation, (1) determine the scaling standards for timber harvested in the forests in the domain of the State, in particular, the scaling methods and the standards applicable to timber transportation, to the transmission of scaling or inventory data, to the verification of data and to corrections to scaling, including the assistance that the person or body required to scale the timber must provide to the Minister; (2) set the fees payable by the person or body required to scale the timber for the loss of scaling, inventory or transportation forms that were in the possession of the person or body, and vary the fees depending on the type or number of forms lost; and (3) determine the provisions of a regulation whose violation constitutes an offence and specify, from among the fines prescribed in section 244, the one to which an offender is liable for a given offence.
DIVISION VI FORESTRY RIGHTS
73. A forestry permit is required to carry out the following forest development activities in the forests in the domain of the State: (1) the harvest of firewood for domestic or commercial purposes; (2) the operation of a sugar bush; (3) activities required for public utility works; (4) activities carried out by a holder of mining rights in exercising those rights; (4.1) work or activities carried out by the holder of a right referred to in section 15 of the Petroleum Resources Act (chapter H-4.2) in exercising that right; (5) activities required to create wildlife, recreational or agricultural development projects; (6) the harvest of shrubs for the supply of wood processing plants; (6.1) the harvest of timber to supply a wood processing plant, provided the plant is not otherwise authorized under this Act; (7) activities carried out as part of an experimental or research project; and (8) any other activity determined by the Minister. The harvest of firewood for the exclusive use of an outfitting operation, a controlled zone or a wildlife sanctuary within the meaning of Divisions II, III and IV of Chapter IV of the Act respecting the conservation and development of wildlife (chapter C-61.1) is regarded as the harvest of firewood for domestic purposes.
74. The Minister may issue a permit authorizing the holder to carry out the forest development activities specified on the permit on the conditions determined by the Minister. However, no forestry permit may be issued to a person who owes dues payable under this Act.
75. The permit holder must (1) pay required dues according to the terms determined by regulation of the Minister; (2) satisfy the conditions specified on the permit and those determined by regulation of the Minister, and comply with the standards applicable to the holder’s forest development activities; and (3) if the holder entrusts the work authorized by the permit to a third person, inform the person in writing of the prescriptions of the permit and the requirements of this Act and the regulations relating to the forest development activities to be carried out.
76. If not otherwise set by regulation of the Minister, the dues payable by the permit holder are based on the rates set by the timber marketing board for timber purchased by holders of a timber supply guarantee. Interest is charged on any unpaid balance of dues payable from the thirtieth day following the date of billing, at the rate determined for a debt owed to the State under section 28 of the Tax Administration Act (chapter A-6.002). Interest is capitalized monthly.
77. The term of permits other than a sugar bush management permit and a permit to harvest timber to supply a wood processing plant is set by the Minister; it may not exceed 12 months.
78. A permit is transferable only in the cases and on the conditions determined by regulation of the Minister.
79. The Minister may suspend or cancel a permit if- (1) the holder has not paid the required dues; (2) the holder no longer satisfies the conditions imposed for obtaining the permit; (3) the holder does not satisfy the conditions specified on the permit or comply with the standards applicable to the holder’s forest development activities; (4) the holder has not submitted the activity report required by the Minister; or (5) the holder is convicted of an offence under this Act or the regulations. Before making such a decision, the Minister must notify the holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the holder at least 10 days to submit observations and remedy the failure. The suspension or cancellation of a permit has effect from the date the permit holder is notified of the Minister’s decision.
80. In addition to the general provisions applicable to all forestry permits, a sugar bush management permit is governed in particular by the following provisions.
81. The term of a sugar bush management permit ends on 31 December of the fifth year after its issue.
82. If a sugar bush for which a permit has been issued or the other resources on the same forest land have been affected by a natural disturbance or human interference, the Minister may modify the permit to protect the sugar bush or the other resources concerned. The Minister may also, for the same purposes, impose forest development standards on the permit holder or standards for tapping maple trees or carrying out other work that are different from those prescribed by regulation, when the latter do not provide adequate protection for the sugar bush or forest resources affected. These new standards, the areas where they are applicable and any regulatory standards for which they are substituted must be set out in the modified permit. The Minister must also specify in the permit, from among the fines prescribed in section 246, the one to which an offender is liable for a given offence.
83. The Minister may, on the application of a permit holder, increase the area covered by the permit, if the holder (1) has operated the sugar bush at 90% or more of its tapping capacity for at least two years; and (2) has built the roads and buildings described and located in the permit application. The permit holder must, within three years of the increase, operate any part of the sugar bush added to the area covered by the permit at 90% or more of its tapping capacity. If the permit holder fails to meet that requirement, the Minister may remove from the part added to the sugar bush a part corresponding to the unused tapping capacity.
84. The Minister may exclude from a sugar bush any area that has been classified as an exceptional forest ecosystem, if the Minister considers that the operation of the sugar bush is liable to have an adverse effect on the maintenance of biological diversity. In such a case, after giving the permit holder an opportunity to submit observations, the Government compensates the permit holder for the loss suffered, in the amount considered fair by the Government on the basis of the value of the property and infrastructures used to operate the sugar bush.
85. A permit holder is entitled to the renewal of the permit if the holder- (1) has paid the dues for the permit and the administrative fees payable for the examination of the renewal application; (2) satisfies the conditions specified on the permit and those determined by regulation of the Minister, and complies with the standards applicable to the holder’s forest development activities; (3) has submitted an activity report, if required; and (4) has operated the sugar bush at an average of at least 50% of its tapping capacity during the term of the permit. However, the Minister may include in the renewed permit any condition the Minister considers advisable. The Minister may also refuse to renew the permit for public utility purposes.
86. In addition to the cases of suspension or cancellation under section 79, the Minister may, on the same conditions as those set out in that section, suspend or cancel a permit if the holder has failed to operate the sugar bush for at least three consecutive years.
86.1. In addition to the general provisions applicable to all forestry permits, a permit to harvest timber to supply a wood processing plant is governed in particular by the following provisions.
86.2. Only legal persons and bodies that do not hold a wood processing plant operating permit and are not related within the meaning of the Taxation Act (chapter I-3) to the holder of such a permit are eligible to obtain a permit to harvest timber to supply a wood processing plant. The conditions set out in the first paragraph do not apply where the permit requested is solely for the harvest of forest biomass. For the purposes of the second paragraph, forest biomass consists of unmerchantable ligneous matter resulting from forest development activities or from short rotation plantations for energy production, excluding stumps and roots.
86.3. The Minister issues the permit if the allowable cut is sufficient, if the volumes of timber available on the open market are large enough to assess the market value of timber from the forests in the domain of the State, and if the Minister is of the opinion that it is in the public interest and in keeping with the principle of sustainable development.
86.4. The term of the permit is five years. The Minister may nonetheless issue a permit for a shorter period if the Minister deems this necessary to facilitate forest planning in development units.
86.5. The Minister enters permits in a public register that the Minister establishes and keeps up to date. The Minister publishes a notice of each entry in the Gazette officielle du Québec, setting out in the notice the permit registration number, the name of the permit holder and the annual volumes of timber, by species or group of species, that may be harvested by the permit holder in each development unit concerned.
86.6. Despite section 78, a permit issued for the harvest of timber to supply a wood processing plant is not transferable.
87. The Minister may, by regulation, according to the categories of forestry permit, (1) determine the content of a permit, the conditions for its issue and the cases in and conditions under which it may be transferred; (2) determine, for permits other than a sugar bush management permit, the conditions for the modification or renewal of the permit; (2.1) define, for permits other than a sugar bush management permit, the conditions of the permit that may be revised while it is in effect and at the time of its renewal; (3) determine standards for tapping maple trees or otherwise managing a sugar bush; (4) set the dues to be paid by a given permit holder and the terms of payment; (5) set the administrative fees payable for the examination of applications; and (6) determine the provisions of a regulation the violation of which is an offence and specify, from among the fines prescribed in section 244, the one to which an offender is liable for a given offence.
88. The Minister may, on the conditions the Minister determines, grant a timber supply guarantee to a person or body that operates or plans to operate a wood processing plant, if the allowable cut is sufficient, if the volumes of timber available on the open market are large enough to assess the market value of timber from the forests in the domain of the State, and if the Minister is of the opinion that it is in the public interest and in keeping with the principle of sustainable development. The Minister may also, on the same conditions, ask the timber market board to sell timber supply guarantees on the open market. A person or body acquiring a plant that operates or operated under a timber supply guarantee, or the right to operate such a plant, is entitled to a guarantee only if the annual royalty, the amounts owing for timber purchased under the guarantee, and the assessments payable by the guarantee holder to the forest protection organizations certified by the Minister have been paid in full. The third paragraph does not apply if the guarantee holder has made an assignment of property or is subject to a bankruptcy order under the Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3).
89. The Minister enters timber supply guarantees in a public register that the Minister establishes and keeps up to date. The Minister publishes a notice of each entry in the Gazette officielle du Québec, setting out in the notice the guarantee registration number, the name of the guarantee holder and the annual volumes of timber for each species or group of species that the guarantee holder may purchase from each region concerned. The guarantee takes effect on the date of its registration.
90. A timber supply guarantee entitles the holder to purchase, each year, a volume of timber from forests in the domain of the State in one or more specific regions to supply the wood processing plant for which the guarantee was granted, on condition that the holder performs the obligations set out in this Act and the guarantee. It specifies the annual volumes of timber for each species or group of species that the holder may purchase from each region concerned.
91. The annual volumes of timber that the holder may purchase under the guarantee are residual volumes determined by the Minister, taking into account (1) the timber requirements of the wood processing plant; and (2) other available sources of supply, such as timber from private forests or from outside Québec, chips, sawdust, shavings, recycled wood fibres, timber that may be harvested by holders of a permit to harvest timber to supply a wood processing plant as well as timber from local forests and from other forests in the domain of the State covered by a management delegation agreement. For the purposes of subparagraph 2 of the first paragraph and, in particular, to assess the available timber from private forests that may be sold in a particular region, the Minister, before granting a timber supply guarantee, consults the boards of producers within the meaning of the Act respecting the marketing of agricultural, food and fish products (chapter M-35.1) or the organizations designated under section 50 of that Act. The consultation pertains, among other things, to the volumes of timber the Minister intends to specify in the guarantee.
92. The holder of a timber supply guarantee may, after so informing the Minister and in the manner specified by the Minister, send timber purchased during the year which, under the guarantee, was intended for the guarantee holder’s wood processing plant to other processing plants operating under a timber guarantee; the sum of the volumes of timber that may be sent to other processing plants during a given year may not exceed the volume of timber determined by government regulation. The sum of the volumes of timber from other wood processing plants operating under a timber supply guarantee that are sent to the processing plant specified in the holder’s guarantee during a given year may not exceed the volume of timber determined by government regulation. Additional volumes of timber equal to the volumes of timber that the holder may have sent to other processing plants under the first paragraph may be added to that volume. Volumes of timber whose destination was changed under section 93 are excluded in calculating volumes of timber under this section.
93. The Minister may, as an exceptional measure, allow part of the volumes of timber purchased by the holder in the course of a year to be allocated to a processing plant other than the plant specified in the timber supply guarantee, in particular if the Minister considers it necessary to do so to avoid a deterioration or loss of timber or to ensure the optimal use of the timber. The Minister may also, on the request of a guarantee holder, authorize the holder to send part of the volumes of timber purchased in the course of a year to a wood processing plant other than the plant specified in the guarantee to make up for an inadequate supply for that processing plant resulting from the economic context, if the Minister considers that transferring the timber will prevent the temporary closure or reduce the duration of the closure of the processing plant. The Minister may also, on the request of guarantee holders, authorize exchanges of timber between two wood processing plants to reduce timber transportation costs. In making a decision, the Minister must take into account the impact the decision will have on the local and regional economy and on the marketing of timber from private forests.
94. A timber supply guarantee is not transferable.
95. The holder of a timber supply guarantee must pay the Minister an annual royalty based on the rate set by the timber marketing board. The royalty is payable on 1 April of each year or according to the terms and schedule determined by regulation of the Minister.
96. The timber purchased by a guarantee holder is payable at the rates set by the timber marketing board and according to the terms and schedule determined by regulation of the Minister.
97. Interest is charged on any unpaid balance of amounts payable from the thirtieth day following the date of billing, at the rate determined for a debt owed to the State under section 28 of the Tax Administration Act (chapter A-6.002). Interest is capitalized monthly.
98. The holder of a timber supply guarantee may, in the course of a year, waive all or part of its right to the annual volumes of timber specified in the guarantee for the year.
99. A timber supply guarantee does not entitle its holder to reject timber affected by a natural disturbance or human interference otherwise than by a waiver.
100. The Minister establishes and sends to the holder of the timber supply guarantee a calendar of the dates on which the holder is to decide whether or not to purchase part of the annual volumes of timber specified in the guarantee. A holder who, when required to decide whether or not to purchase the specified part of the annual volumes, refuses, neglects or fails to do so is deemed, after being informed by the Minister of the consequences of the refusal, neglect or failure, to have waived the right to those volumes of timber for the year. The notice sent by the Minister must state that the holder has 10 days to remedy the situation.
101. Volumes of timber to which a guarantee holder waived or is deemed to have waived the right may not be claimed by the holder in subsequent years.
102. Timber to which the guarantee holder waived or is deemed to have waived the right may, as the Minister determines, be left standing, be sold by the timber marketing board or be sold to one or more other wood processing plants at the rates set by the timber marketing board.
103. The holder of a timber supply guarantee may not claim an indemnity or compensation from the Government if, in the course of a year, part of the annual volumes of timber specified in the guarantee could not be sold to the holder owing to a natural disturbance or human interference or to a decision of the Minister restricting or prohibiting in the public interest access to or travel in the forest. In the latter case, however, the volumes of timber must be offered to the holder entitled to it as soon as they become available, if the holder continues to operate the plant benefiting from the guarantee. If there is more than one guarantee holder entitled to them, the volumes of timber are divided among the guarantee holders in proportion to the volumes that could not be sold to them.
103.1. The purchase of all or part of the annual volumes of timber by the holder of a timber supply guarantee is evidenced in a contract. The contract specifies, by species or group of species, the volumes of timber purchased by the guarantee holder and the areas from which the timber comes. It also specifies whether the sale was of standing or harvested timber. The contract is not transferable.
103.2. The Minister may not be held liable for damage caused to the holder of a timber supply guarantee resulting from the holder’s delivering only part of the timber provided for in the timber sales contract if, in the course of a year, part of the volumes of timber purchased by the holder under the guarantee could not be delivered because of (1) the variable quantity of minor or under-represented species in a region, which species, according to the best available information, should have been found in the forest operations zones specified in the operational plan for integrated forest development, such as Eastern white cedar, white and red pine, red oak and eastern hemlock; (2) timber left in forest operations zones that should have been harvested by the designated holders under this Act, the regulations and the applicable sylvicultural prescriptions; (3) harvest integration problems due to holders’ waiving their right to purchase part of the annual volumes of timber specified in their guarantee or due to the cancellation or suspension of guarantees involving the volumes covered by the annual program; or (4) differences of opinion related to the performance of an integration agreement.
103.3. Subject to subparagraphs 2 and 3 of the third paragraph of section 103.7, holders of a timber supply guarantee are responsible for harvesting the standing timber they purchase.
103.4. The rights and obligations of guarantee holders with regard to the harvest of the standing timber they purchase are set out in an agreement entered into with the Minister. The harvest agreement specifies the forest operations zones where the timber is to be harvested and sets out the conditions for harvesting and for the other forest development activities related to this responsibility. It also sets out the other commitments the guarantee holder must meet and the penalties for failure to meet the applicable obligations. In addition, it contains rules respecting the annual program of forest development activities as the latter are set out in the operational plan for integrated forest development, as well as rules that govern, in the forest operations zones concerned, the harvest of timber not intended for the guarantee holder. The information in the agreement must be available to the public.
103.5. The Minister may refuse to allow a guarantee holder responsible for harvesting timber to carry out the harvest if the holder has previously failed to comply with the conditions of a forest development plan, a prior forest harvest agreement, the standards applicable to forest development activities or any other obligation under this Act or the regulations.
103.6. All the guarantee holders responsible for the harvest in the forest operations zones specified in a harvest agreement must sign the agreement. The agreement must specify which of the guarantee holders is to carry out the harvest in each of the forest operations zones and which is to establish the infrastructures needed to carry out the harvest. Only the designated guarantee holders are required to carry out the timber harvest and establish the infrastructures needed to carry out the harvest, but each of the other guarantee holders party to the agreement is liable for carrying out the forest development activities specified in the agreement as if each were bound as solidary surety. In addition, all guarantee holders party to the agreement are solidarily responsible for applying the corrective measures required by the Minister under the second paragraph of section 65 and, in a case of failure to comply, for the payment of the costs incurred by the Minister pursuant to that paragraph. The guarantee holders designated to carry out the harvest and establish the infrastructures represent all the guarantee holders party to the agreement in their relations with the Minister, unless other persons have been designated for that purpose. They act as contact persons with the Minister with respect to forest operations and, if applicable, inform the Minister of any difficulties encountered or apprehended in forest operations zones with regard to forest planning. To facilitate the operational organization of harvest activities and the maintenance of forestry certification, if applicable, the Minister constitutes, for the area covered by the harvest agreement, an operations panel comprising the designated guarantee holders and the holders of a permit to harvest timber to supply a wood processing plant who are concerned by the harvest agreement.
103.7. However, a harvest agreement to which two or more guarantee holders are party may not be entered into unless it is demonstrated that an integration agreement has been signed by all the guarantee holders concerned and, if applicable, by the holders of a permit to harvest timber to supply a wood processing plant that are authorized to harvest timber in the forest operations zones concerned. The integration agreement sets out the mechanisms ensuring harvest integration and timber transportation and the manner in which decisions are to be made and disputes settled on harvest integration and timber transportation and on the allocation of their costs. If it cannot be demonstrated that an integration agreement has been signed by all the guarantee and permit holders concerned within the time determined by the Minister, the Minister may, with regard to the forest operations zones involved, make any of the following decisions: (1) in accordance with section 103.8, submit or allow to be submitted for arbitration any dispute that prevents the integration agreement from being entered into and that involves an object of the integration agreement, and, despite the first paragraph of this section, enter into a harvest agreement with all the guarantee holders concerned if the Minister believes that the dispute is not such as to significantly compromise harvest integration; (2) carry out the harvest or have it carried out by forest development enterprises, in accordance with the first paragraph of section 62, or allow the harvest to be carried out by such enterprises within the framework of a management delegation agreement entered into under section 17.22 of the Act respecting the Ministère des Ressources naturelles et de la Faune (chapter M-25.2); or (3) leave the timber standing or allow the timber to be marketed by the timber marketing board and, in those cases, subtract from the contract for the sale of standing timber of the guarantee holders concerned the volumes they were required to harvest in the forest operations zones involved. The reduction of the volumes of timber referred to in subparagraph 3 of the third paragraph does not give the guarantee holder the right to an indemnity. These volumes are deemed to be volumes to which the guarantee holder waived all rights and may not be reclaimed by the holder in subsequent years.
103.8. The arbitration referred to in subparagraph 1 of the third paragraph of section 103.7 is governed by Title II of Book VII of the Code of Civil Procedure (chapter C-25.01) or in accordance with a decision-making and dispute-settlement mechanism the Minister may impose on all the guarantee and permit holders concerned. However, if the guarantee and permit holders concerned have already agreed on another mechanism, one of them may, with the Minister’s consent and in accordance with the mechanism, submit the dispute to arbitration under those terms. The decisions made under a decision-making and dispute-settlement mechanism operate as stipulations agreed upon by the parties with regard to the object of the dispute.
104. A timber supply guarantee is granted for a five-year period. However, it may be granted for a shorter period if the Minister deems this necessary to facilitate forest planning in development units. Unless otherwise specified by the guarantee holder, it is renewed, at expiry, for a period of five years, and subsequently for the same period every five years if the holder has performed the obligations set out in this Act and the guarantee.
105. If the Minister considers it expedient following the five-year review of allowable cuts and after giving the guarantee holder an opportunity to submit observations, the Minister may revise the conditions of the guarantee, including the annual volumes of timber that the guarantee holder may purchase and the forest from which they come. The Minister, exercising ministerial discretion, takes into account (1) the requirements of the wood processing plant; (2) other available sources of supply, such as timber from private forests or from outside Québec, chips, sawdust, shavings, recycled wood fibres, timber that may be harvested by holders of a permit to harvest timber to supply a wood processing plant as well as timber from local forests and timber from other forests in the domain of the State covered by a management delegation agreement; (3) the volumes of timber, by origin, used by the plant in the last five years; (4) the allowable cuts assigned to the development units; (4.1) the constraints and the wood fibre losses associated with harvest integration, the volumes of timber used for purposes other than the supply of wood processing plants, such as firewood harvested for domestic or commercial purposes, and any other factor that may reduce the volume available at the time of harvest; (4.2) the physical characteristics of the timber that limit its use by certain categories of wood processing plants, notably the size of the timber in relation to the type of products made; (5) the minimum volumes of timber required on the open market to assess the market value of timber from the forests in the domain of the State; and (6) the volumes of timber the Minister considers necessary for the carrying out of socio-economic development projects in the regions and communities. For the purposes of subparagraph 2 of the second paragraph and, in particular, to assess the available timber from private forests that may be sold in a particular region, the Minister consults the boards of producers within the meaning of the Act respecting the marketing of agricultural, food and fish products (chapter M-35.1) or the organizations designated under section 50 of that Act during the revision process. The consultation pertains, among other things, to the volumes of timber the Minister intends to specify in the guarantee.
106. The Minister may also, after giving the holder of a timber supply guarantee an opportunity to submit observations, revise, in the course of the year, the annual volumes of timber specified in the holder’s guarantee for the species or group of species concerned and change the forest from which the timber may be purchased, when the allowable cut assigned to a development unit in a region covered by the guarantee is changed by the chief forester in accordance with subparagraph 7 of the first paragraph of section 46. The changes apply only once the new allowable cut is in force, that is, after 31 March of the following year. The same applies when changes occur in the requirements of the guarantee holder’s wood processing plant, for instance following a change in the controlling interest of the legal person or partnership holding the guarantee, the permanent discontinuance of part of the plant’s operations, a change in the processing plant’s vocation or a restructuring of the enterprise. For the purposes of the first paragraph, the Minister, exercising ministerial discretion, takes into account the elements set out in subparagraphs 4 and 5 of the second paragraph of section 105. If the Minister revises the volumes because of an increase in the allowable cut, the Minister also takes into account the sources of supply mentioned in subparagraph 2 of the second paragraph of section 105 and consults the bodies mentioned in the third paragraph of section 105.
107. Following a reduction in the allowable cut assigned to a development unit in a region covered by several timber supply guarantees, the Minister may take into account the impact on regional or local economic activity of the apportionment among the guarantee holders of the reduction in annual volumes of timber specified in their guarantees for the species or group of species concerned, and vary the reduction in consequence.
108. A timber supply guarantee may at all times be modified by the Minister with the consent of the guarantee holder.
109. The Minister may cancel a timber supply guarantee (1) if the guarantee holder fails to perform the obligations set out in this Act or the guarantee; (2) if the guarantee holder fails to pay the annual royalty or the amounts payable for timber purchased under the guarantee on time; or (3) if the guarantee holder’s wood processing plant ceased operations at least six months earlier. The Minister must give the guarantee holder in default prior notice of the Minister’s intention to cancel the guarantee, unless the holder remedies the failure before the expiry of the time specified in the notice. Moreover, in the case described in subparagraph 3 of the first paragraph, the prior notice must state that the guarantee holder has 60 days to submit a business plan for resuming operations to the Minister. If the holder submits a business plan within the 60-day period, the Minister may not cancel the guarantee before the expiry of 30 days after the plan is submitted. The resumption of a wood processing plant’s operations for a continuous period of less than one month does not interrupt the six-month period referred to in subparagraph 3 of the first paragraph.
110. The Minister may suspend, under the same conditions and for the period determined by the Minister, the rights granted by the timber supply guarantee (1) in any of the cases described in subparagraphs 1 and 2 of the first paragraph of section 109; or (2) if the guarantee holder fails to join the forest protection organizations certified by the Minister or fails to pay the assessment set by those organizations. During such a suspension, the Minister may take all the necessary measures with respect to the volumes of timber made available.
111. The Minister enters a reference to the notices given under sections 109 and 110 in the public register.
112. The Minister terminates a timber supply guarantee without prior notice (1) if the guarantee holder’s wood processing plant discontinues its operations permanently; or (2) if the guarantee holder has made an assignment of property or has been the subject of a bankruptcy order under the Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3) or, in the case of a legal person, has been dissolved or has been the subject of a winding-up order.
113. The Minister terminates a timber supply guarantee at the request of the guarantee holder. In such a case, the holder is entitled to the reimbursement of the part of the annual royalty corresponding to the overpayment. The amount is determined on the basis of the remaining volumes of timber that the holder was entitled to purchase before the end of the year.
114. If the Minister terminates a timber supply guarantee, the Minister may, for the time remaining before the next five-year review of allowable cuts, decide that the timber allocated to the guarantee holder be left standing, request the timber marketing board to market the timber, or sell the timber to one or more other wood processing plants at the rates set by the timber marketing board.
115. The Government may, by regulation, (1) determine, for the purposes of the first paragraph of section 92, the volume of timber that may be sent to other processing plants operating under a timber supply guarantee, in the course of a given year; (2) determine, for the purposes of the second paragraph of section 92, the volume of timber that may be sent from other wood processing plants operating under a timber supply guarantee to a processing plant specified in the holder’s guarantee, in the course of a given year; and (3) determine the provisions of the regulation whose violation constitutes an offence and specify, from among the fines prescribed in section 244, the one to which an offender is liable for a given offence.
116. The Minister may, by regulation, determine the terms and schedules for the payment of the annual royalty and the timber purchased by the guarantee holder under the timber supply guarantee.
116.1. The holder of a timber supply guarantee may obtain an indemnity, on the conditions prescribed by section 116.2, for the roads, bridges and forest camps the holder establishes under a plan developed by the Minister if, pursuant to a statute or for reasons of public interest, the forest area on which the infrastructures stand is no longer intended for forest production. An indemnity may also be granted to the guarantee holder, on the same conditions, if the forest area on which the infrastructures stand has been integrated into a local forest or a forest operations zone whose timber is to be sold on the open market.
116.2. The Government grants a fair and equitable indemnity to guarantee holders who demonstrate that they have suffered a loss, to cover infrastructures costs for which no subsidies or credits were granted. The indemnity is based, in particular, on the net value of the infrastructures after depreciation and on the vouchers submitted. It may be paid to the guarantee holder in a lump sum, credited to the purchase of volumes of timber under the holder’s guarantee, or paid in any other manner determined by the Government.
116.3. This subdivision applies, on the same conditions, to holders of forestry permits issued for the harvest of timber to supply a wood processing plant.
CHAPTER VII PROCESSING OF TIMBER
117. All timber harvested in the forests in the domain of the State must be completely processed in Québec. Timber is completely processed when it has undergone all the manufacturing treatments and processes and has passed through all the necessary phases to render it suitable for its intended final use.
118. The Government may, on the conditions it determines, authorize the shipment outside Québec of incompletely processed timber from the forests in the domain of the State if it appears to be contrary to the public interest to do otherwise.
TITLE III TIMBER MARKETING
119. A timber marketing board known as the Bureau de mise en marché des bois is established within the department. The timber marketing board exercises the functions conferred on it by this Title, with a view to fostering sustainable development and an open market. A performance and accountability agreement must be entered into by the Minister, the deputy minister and the director of the timber marketing board specifying, among other things, the responsibilities of each within the framework of the timber marketing board’s mission.
120. The timber marketing board has the following functions: (1) to prepare a manual setting out the rules applicable to the marketing of timber and other forest products; (2) to determine the minimum volumes of timber from forests in the domain of the State that are required on the open market to assess the market value of timber; (3) to identify the forest operations zones from which timber is to be sold on the open market; (4) to carry out marketing operations for timber and other forest products from the forests in the domain of the State; (5) to establish a register of buyers eligible to bid on the open market and determine registration fees and conditions, as well as cases of exclusion from the register; (6) where required, to set the opening bid, the reserve price and the minimum bid for the sale of timber or forest products, taking account, among other things, of benchmark data on the cost and performance of forest development activities, whose efficiency is determined according to the site and the operating conditions; (7) to sell timber and other forest products from the forests in the domain of the State on the open market and enter into sales contracts on the conditions the board determines; (8) at the Minister’s request, to sell timber supply guarantees on the open market in order to assess their market value; (9) at the request of a board of producers within the meaning of the Act respecting the marketing of agricultural, food and fish products (chapter M-35.1) or an organization designated under section 50 of that Act, to sell on the open market products from private forests subject to the joint plan administered by the board of producers or the organization, if the plan allows it; (10) to compile the forest, biophysical, financial and economic data required to assess both the market value of timber and other forest products from the forests in the domain of the State and the cost and value of forest development activities, as well as the cost of forest protection activities; (11) to assess the cost and value of forest development activities and the cost of forest protection activities; (12) to assess, for each species or group of species, based on quality, size and zone, the market value of timber purchased by holders of a timber supply guarantee, according to the methods and frequency determined by government regulation, and to set the applicable rates on the basis of that assessment; (13) to assess the annual royalty the holder of a timber supply guarantee must pay according to the method determined by government regulation and set the applicable rate on the basis of that assessment; (14) to assess, if required by the Minister, the market value of other forest products from the forests in the domain of the State; (15) to enter, in a manual that it keeps up to date, the instructions applicable to each scaling method determined by government regulation and covering, for instance, the different scaling and sampling techniques and the content and style of the various application forms and other types of forms relating to timber scaling, timber inventories and timber transportation; (16) to establish the rules relating to timber sampling in the forests in the domain of the State, carry out the sampling, compile the data, and identify, based on the sampling, the conversion factors with which to determine volumes of timber, using data gathered from weighing and measuring felled timber; (17) to submit invoices for timber and other forest products from the forests in the domain of the State and collect revenue from their sale; (18) to prevent and detect collusion and initiate complaints of collusion where it has reasonable grounds to believe that persons or bodies have acted in collusion; and (19) to carry out any other mandate related to a matter falling within its purview that the Minister entrusts to it. The marketing manual, the value of forest development activities, the rates used to set the annual royalty that must be paid by the holder of a timber supply guarantee and the price of timber purchased by such a holder under the guarantee, the instruction manual for scaling timber and the conversion factors are all made public by the timber marketing board.
121. A further function of the timber marketing board is to advise the Minister on the planning and development of markets for timber and other forest products. The Minister may also ask the timber marketing board for an opinion on any matter related to its functions, regarding either the forests in the domain of the State or private forests. The advisory opinions of the timber marketing board must be available to the public.
122. The timber marketing board may require that holders of timber supply guarantees, holders of permits to harvest timber to supply a wood processing plant or enterprises carrying on forest development activities in the forests in the domain of the State provide it with the forest, biophysical, financial or economic data required for the exercise of its functions. The guarantee holders or enterprises concerned must provide the required data.
123. A public body referred to in the first paragraph of section 3 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) must provide the timber marketing board with the information and documents the board requires to exercise its functions.
124. The timber marketing board may carry out any investigations it considers necessary for the exercise of its functions. For the purposes of an investigation, the timber marketing board is vested with the powers and immunity provided for in the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment. No judicial proceedings may be brought against the timber marketing board for acting in good faith in the exercise of its functions.
125. The department’s annual management report must contain a separate section on the management of the timber marketing board.
125.1. Interest is charged on any unpaid balance of amounts owing on purchases made on the open market from the thirtieth day following the date of billing, at the rate determined for a debt owed to the State under section 28 of the Tax Administration Act (chapter A-6.002). Interest is capitalized monthly.
126. The Government may, by regulation, (1) determine the methods and frequency according to which the timber marketing board must assess the market value of timber purchased under a timber supply guarantee; and (2) determine the method according to which the timber marketing board must assess the annual royalty to be paid by the holder of a timber supply guarantee.
TITLE IV FORESTS IN THE PRIVATE DOMAIN
CHAPTER I APPLICATION
127. This Title applies to forests belonging to private owners or held under a title of ownership by a Native landholding corporation governed by the Act respecting the land regime in the James Bay and New Québec (chapter R-13.1) territories and intended for forest production.
CHAPTER II PLANS AND PROGRAMS
128. The Minister may develop programs to foster the sustainable development of private forests, and grant financial assistance to a person or body for that purpose, in particular to regional agencies for private forest development and joint management bodies, on the conditions determined by the Minister.
129. A person or body that obtains financial assistance without entitlement, fails to comply with the applicable terms or uses the proceeds of such assistance for purposes other than those for which it was granted forfeits the assistance by operation of law and must return the amounts received, unless the Minister decides otherwise. Any amount not remitted to the Minister under the first paragraph bears interest, at the rate set for a debt owed to the State under section 28 of the Tax Administration Act (chapter A-6.002), from the thirtieth day following the date of the Minister’s claim. Interest is capitalized monthly.
CHAPTER III FOREST PRODUCERS
130. A certified forest producer is a person or body that (1) owns a parcel of land or a group of parcels of land that may constitute a unit of assessment within the meaning of section 34 of the Act respecting municipal taxation (chapter F-2.1) and whose total forest area is not less than four hectares; (2) has a forest development plan for that area that is certified by a forest engineer as being consistent with the by-laws of the regional agency for private forest development that has jurisdiction in the area; and (3) registers the total forest area of the unit of assessment, and any modification that affects it or changes its size, with the Minister or with any person or body designated for that purpose by the Minister. The Minister or the person or body having effected the registration issues to the certified forest producer, upon payment of the dues payable and the administrative fees prescribed by government regulation, a certificate attesting to the forest area in question. The period covered by the certificate must correspond to that covered by the forest development plan, which cannot exceed 10 years. However, a certificate may be refused the owner of a private forest consisting of a single block of 800 hectares or more if the owner fails to join a forest fire protection organization certified by the Minister or fails to pay the assessment set by the organization. The Minister may revoke a certificate for the same reasons.
131. A certified forest producer may receive a reimbursement of part of the property taxes paid for the immovables included in a unit of assessment, the forest area of which has been registered under section 130, if the forest producer (1) has a forest producer’s certificate for the forest area in question; (2) applies for the reimbursement in accordance with section 220.3 of the Act respecting municipal taxation (chapter F-2.1); (3) has a report that was prepared by a forest engineer, stating the eligible protection or development expenses that are applicable to the last calendar year, if the producer is a natural person, or, otherwise, to the last fiscal year of the producer and that represent an amount equal to or greater than the amount of property taxes paid for which an application for reimbursement may be made under section 220.3 of the Act respecting municipal taxation; and (4) is not already receiving a reimbursement of property taxes for that forest area.
CHAPTER IV REGIONAL AGENCIES FOR PRIVATE FOREST DEVELOPMENT
DIVISION I ESTABLISHMENT AND ORGANIZATION
132. For the purposes of this division, the Minister may certify organizations of forest producers responsible for providing their members with private forest development services or forest product marketing services.
133. One or more municipalities may associate with organizations certified under section 132 and holders of a wood processing plant operating permit to apply to the Minister for the creation of a regional agency for private forest development in their territories. In the territory of a regional county municipality, the initiative for founding an association belongs to the regional county municipality; however, a local municipality whose territory is included in that of a regional county municipality that belongs to such an association may join the association.
134. The association’s application must include (1) the name of the agency to be established; (2) a description of the territory of the agency; (3) a list of the members of the association, including their capacity; (4) the designation of the persons who will represent the municipalities, the organizations certified under section 132 and the holders of a wood processing plant operating permit on the agency’s first board of directors; and (5) the designation of the person who will chair the agency’s board of directors. The application must be accompanied by the by-laws that will govern the new agency.
135. The Minister may grant the application and establish an agency, after ascertaining that the by-laws are consistent with section 141 and approving their substance. The Minister gives notice of the establishment in the Gazette officielle du Québec. The members of the founding association and the members of the board of directors proposed for the agency in the application, including the chair, become the members and the members and chair of the board of the agency, without further formality and without ratification. In a similar manner, the by-laws proposed for the agency in the application become the by-laws of the agency.
136. An agency is a non-profit legal person.
137. An agency has its head office in its territory, at the place it determines. Notice of the location or of any change of location of the head office is published in the Gazette officielle du Québec.
138. Subject to any conditions governing admission that may be prescribed by an agency’s by-laws, the municipalities whose territory is included in that of the agency, organizations certified under section 132 and holders of a wood processing plant operating permit may become members of the agency. The right to vote at the general assembly is limited to the representatives of the categories of members mentioned above; each category has the same number of votes. For the purposes of the first paragraph and sections 146 and 147, a metropolitan community all or part of whose territory is included in that of an agency is regarded as a municipality.
139. An agency may, in its by-laws, create a category of associate members who do not vote and do not participate in the administration of the agency, and determine the conditions governing their admission and their rights and obligations.
140. The board of directors of an agency is composed of representatives of each category of members mentioned in section 138 and of persons appointed by the Minister for the time determined by the Minister; each of the four groups has the same number of votes.
141. The by-laws of an agency must (1) prescribe, subject to the conditions set in section 138, the manner of designating the representatives of each category of members at the general assembly, the conditions to be satisfied by each representative, the number of representatives, their term of office, and the number of votes that may be cast by each representative; (2) prescribe, subject to the conditions set in section 140, the manner of designating the members of the board of directors other than those appointed by the Minister, the conditions to be satisfied by each board member, the number of board members, their term of office, and the number of votes that may be cast by each board member; (3) determine the rules of ethics and professional conduct applicable to the members of the board of directors; the rules must include mechanisms for their implementation, including any applicable penalties; (4) determine the minimum amount of liability insurance the agency must take out to cover any liability incurred by its officers and other representatives as a result of errors or negligence in the exercise of their functions; (5) establish a decision-making process and a conflict resolution mechanism for the board of directors; and (6) ensure that every person or body that satisfies the conditions governing admission is permitted to join the agency. Any amendment to the agency’s by-laws must be approved by the Minister after ratification by the general assembly.
142. In order to standardize the rules of ethics and professional conduct applicable to board members, the Minister may request all, or one or more, agencies to make the amendments the Minister determines to their by-laws. The Minister may also require that an agency make the amendments the Minister determines to the provisions of its by-laws that deal with the quorum for board meetings if the Minister considers that the by-laws no longer facilitate the holding of meetings. An agency to which the request is made must enact the amending by-law. The by-law comes into force on the date it is enacted by the board and need not be ratified by the general assembly. The Minister may enact the amending by-law if the agency fails to do so within the time specified by the Minister. The by-law then comes into force as soon as the chair of the agency is notified.
143. An agency must hold a general assembly at least once a year. The general assembly adopts the annual activity report, approves the financial statements for the preceding fiscal year and, if necessary, elects directors. In addition, the general assembly appoints an auditor for the current fiscal year and examines any other question on the agenda.
144. The Minister may change the name of an agency that applies for such a change. The Minister gives notice of the change in the Gazette officielle du Québec.
145. On an application by an agency and a municipality, the Minister may extend the boundaries of the territory of the agency in order to include the territory of the municipality. The Minister gives notice of the extension in the Gazette officielle du Québec. In the territory of a regional county municipality, the initiative for filing the application belongs to the regional county municipality.
146. On an application by interested agencies whose territories are adjacent, the Minister may join their territories and form a new agency. The application must include (1) the name of the new agency; (2) the designation of the persons who will represent the municipalities, the organizations certified under section 132 and the holders of a wood processing plant operating permit on the new agency’s first board of directors; and (3) the designation of the person who will chair the board of directors of the new agency. The application must be accompanied by the by-laws that will govern the new agency. The Minister gives notice of the creation of the new agency in the Gazette officielle du Québec. The agencies whose territories are joined cease to exist and their members, rights and obligations become members, rights and obligations of the new agency.
147. On an application by an agency, the Minister may divide the territory of the agency and create new agencies. The application must include (1) the names of the new agencies; (2) the designation of the persons who will represent the municipalities, the organizations certified under section 132 and the holders of a wood processing plant operating permit on the first boards of directors of the new agencies; (3) the designation of the persons who will chair the boards of directors of the new agencies; and (4) a plan for the allocation of the rights and obligations of the agency whose territory is divided. The application must be accompanied by the by-laws that will govern the new agencies. The Minister gives notice of the creation of the new agencies in the Gazette officielle du Québec. The agency whose territory was divided ceases to exist and its rights and obligations become rights and obligations of the new agencies in accordance with the allocation plan.
148. The members of the board of directors, including the chair, proposed in the application that gave rise to a new agency resulting from an amalgamation or division of territory become, without further formality and without ratification, the members and the chair of the board of directors of the new agency. In a similar manner, the by-laws proposed for the new agency become the by-laws of the new agency. The protection and development plan of a former agency remains in force in the territory to which it applied until it is amended or replaced by the new agency having jurisdiction in that territory.
DIVISION II OBJECTS
149. The objects of an agency are to guide and promote the development of the private forests in its territory in keeping with the principle of sustainable forest development, in particular through (1) the preparation of a protection and development plan; and (2) the provision of financial and technical support for protection or development. To that end, the agency encourages concerted action among the persons and bodies involved in those activities.
150. The protection and development plan includes a survey of forest capability in the territory of the agency and sets out production objectives and recommended management methods, in particular management methods capable of ensuring a sustainable supply of timber. The plan must also include a five-year program outlining the forest protection and development activities fostered by the agency and state the means selected to achieve the objectives. The plan comes into force in the territory of a regional county municipality if it is consistent with the objectives of the regional county municipality’s land use planning and development plan, within the meaning of the Act respecting land use planning and development (chapter A-19.1). The plan is available for consultation at the agency’s head office or any other place determined by the agency. Any person or body may obtain a copy of all or part of the plan from the agency by paying the necessary fees. For the purposes of the second paragraph and sections 151 to 156, (1) the following are regarded as regional county municipalities: (a) Ville de Gatineau, Ville de Laval, Ville de Mirabel and Ville de Lévis; (b) Ville de Montréal, Ville de Québec and Ville de Longueuil; and (c) the Communauté métropolitaine de Montréal and the Communauté métropolitaine de Québec, from the coming into force of their first respective metropolitan land use and development plans; (2) the territory of a municipality mentioned in subparagraph b of paragraph 1 is deemed to correspond to the urban agglomeration provided for in any of sections 4 to 6 of the Act respecting the exercise of certain municipal powers in certain urban agglomerations (chapter E-20.001) and the council by which the municipality acts is its urban agglomeration council constituted under that Act; (3) any reference to a land use planning and development plan or its objectives is deemed to apply to the metropolitan land use and development plan of a metropolitan community.
151. The agency sends a copy of its protection and development plan to the Minister and to every regional county municipality whose territory is included in that of the agency.
152. Within 90 days after receiving the agency’s plan, the council of the regional county municipality concerned must give the agency its opinion on whether or not the plan is consistent with the objectives of its land use planning and development plan. The clerk-treasurer notifies to the agency, within the time provided for in the first paragraph, a certified copy of the resolution stating this opinion. If the council of the regional county municipality fails to send its opinion to the agency within the time provided for in the first paragraph, the agency’s plan is deemed to be consistent with the objectives of the land use planning and development plan. The agency’s plan is also deemed to be consistent with those objectives from the date on which the regional county municipality, in accordance with the first paragraph, issues an opinion to that effect.
153. An opinion to the effect that the agency’s plan is not consistent with the objectives of a land use planning and development plan must include reasons and may contain suggestions by the regional county municipality for ensuring that consistency. The agency must, within 90 days after receiving the opinion, amend its protection and development plan to ensure that it is consistent with the objectives of the land use planning and development plan.
154. At the request of the Minister, the agency must revise its protection and development plan, following the same procedure as when preparing its initial plan. The agency may revise its plan on its own initiative, following the same procedure.
155. The agency must, within 90 days after the coming into force of a land use planning and development plan that is applicable in its territory, review its protection and development plan so as to ensure that it is consistent with the objectives of the land use planning and development plan.
156. If a land use planning and development plan applicable in the territory of a regional county municipality is amended, the agency must, within 90 days after receiving a request from a regional county municipality, amend its protection and development plan to ensure that it is consistent with the objectives of the amended land use planning and development plan. The request may contain suggestions for ensuring that consistency.
157. The agency determines, by by-law, the form and content of the forest development plan that a certified forest producer must have. A plan applicable to a forest area consisting of a single block of 800 hectares or more must include, among other things, a calculation of the annual allowable cut.
158. The agency may, within the framework of its programs and subject to the conditions it determines, participate financially in the implementation of its protection and development plan and in particular in (1) the preparation of forest development plans and the carrying out of forest development work; and (2) the carrying out of training and information activities. However, financial participation in forest development work is restricted to forest areas registered under section 130, regardless of the eligibility of a person or a body for an agency program. The agency may also give prizes or awards for excellence in the protection and development of private forests.
159. Every financial participation program of the agency must set out the eligibility requirements and the nature of the participation and the scales, limits and conditions involved.
160. The agency may, in addition, (1) receive gifts, legacies, grants or other contributions, provided that any conditions attached are compatible with the exercise of its powers and duties; (2) establish and administer any fund required for the exercise of its powers and duties; and (3) monitor the work carried out under a financial participation program.
161. The agency may, under an agreement and subject to the conditions set out in the agreement, delegate certain of its powers and duties to another person or body.
DIVISION III FINANCIAL PROVISIONS AND REPORTS
162. A holder of a wood processing plant operating permit who acquires a volume of timber from the territory of an agency must pay a contribution to the agency. The contribution is established annually by the agency on the basis of a rate per cubic metre of timber set by government regulation and applied to the volume of private-forest timber purchases made by the permit holder in the course of a year.
163. A holder of a wood processing plant operating permit must declare, according to the formula and conditions determined by by-law of the agency, the volume of private-forest timber purchased in the course of the period preceding the declaration. The holder must file the declaration according to the schedule set by government regulation and pay the contribution in accordance with that schedule and the volume of timber declared.
164. An agency must obtain the authorization of the Minister to (1) grant a loan or a guarantee for total or partial repayment of a financial commitment; (2) make an investment in exchange for royalties, a share of the profits, or any other form of compensation; (3) acquire assets of an enterprise; or (4) make any other financial commitment that the Minister may determine by regulation. The Minister may subject the authorization to conditions.
165. The fiscal year of an agency ends on 31 March.
166. An agency may not, in a fiscal year, make payments or assume obligations in excess of the sums at its disposal for that fiscal year. This section does not prevent an agency from making a commitment for a term that exceeds one fiscal year.
167. The Minister may require an agency to file reports on its financial situation on the dates and in the form the Minister determines. The Minister may also require an agency to provide any information concerning the application of this chapter.
168. An agency must send its financial statements and annual report for the preceding fiscal year to the Minister, at the time the Minister determines. These documents must contain the information required by the Minister and be accompanied by the auditor’s report. The agency must publish its financial statements and annual report.
CHAPTER V FORESTRY FUNDING PROGRAM
169. The Government establishes by regulation a forestry funding program to encourage the creation, maintenance and development of forest production units, and prescribes for that purpose any measure necessary for its establishment and implementation. The regulation may (1) determine the conditions, criteria and scope of the program, which may vary, in particular, with the nature of the activities concerned, and prescribe exclusions; (2) establish criteria for determining the persons or categories of persons who may benefit from the program, and prescribe exclusions; (3) designate the persons who may act as lenders under the program; and (4) determine what financial commitments granted under the program are covered by the financial commitment repayment guarantee under subparagraph 5.1 of the first paragraph of section 19 of the Act respecting La Financière agricole du Québec (chapter L-0.1), and specify the extent and duration of the coverage.
170. Financial assistance under the forestry funding program is granted by La Financière agricole du Québec. The program may provide for (1) loans; and (2) guarantees for total or partial repayment of financial commitments, furnished by La Financière agricole du Québec.
171. The Act respecting La Financière agricole du Québec (chapter L-0.1), except section 19, applies, with the necessary modifications, to the forestry funding program.
172. Not later than 30 June each year, La Financière agricole du Québec must send the Minister a report on the administration of the forestry funding program for the preceding fiscal year. The report must be attached to the department’s annual management report. La Financière agricole du Québec must also provide the Minister, at any time, with any information on its activities that the Minister may require under this Act.
CHAPTER VI REGULATORY POWERS
173. The Government may, by regulation, (1) set the dues payable for the issue, modification or renewal of a forest producer’s certificate; (2) set the administrative fees payable for the examination of applications and the issue of copies of a certificate; (3) limit the total dues and fees a person must pay in the course of a given year; (4) provide that the dues payable or the fees paid to a person or body designated by the Minister to register forest areas may be kept by the person or body; (5) define the content of the report described in paragraph 3 of section 131 and specify, for the purposes of that paragraph, the eligible protection or development expenses, prescribing exclusions, ceilings and deductions; (6) establish rules for the calculation and substantiation of eligible development expenses, and authorize carry-forwards of those expenses; (7) according to criteria it determines, set the rate per cubic metre of timber on the basis of which the contribution provided for in section 162 is established, and prescribe how and when the contribution is to be paid; and (8) determine how and when the declaration required under section 163 is to be filed with the agency.
