M-24.1 - Act respecting the Ministère des Forêts

Repealed on 17 June 1994

This document has official status.

chapter M-24.1

Act respecting the Ministère des Forêts

Repealed, 1994, c. 13, s. 12.

1994, c. 13, s. 12.

CHAPTER I ORGANIZATION OF THE DEPARTMENT

1. The Ministère des Forêts is under the direction of the Minister of Forests appointed under the Executive Power Act (chapter E-18).

1990, c. 64, s. 1.

2. The Government, in accordance with the Public Service Act (chapter F-3.1.1), shall appoint a person as Deputy Minister of Forests.

1990, c. 64, s. 2.

3. Under the direction of the Minister, the Deputy Minister shall administer the department.

He shall, in addition, perform any other duties assigned to him by the Government or the Minister.

1990, c. 64, s. 3.

4. In the performance of his duties, the Deputy Minister has the authority of the Minister. His orders shall be executed in the same manner as those of the Minister.

1990, c. 64, s. 4.

5. The Deputy Minister may, in writing and to the extent he indicates, delegate the performance of his duties under this Act to a public servant or the holder of a position.

He may, in the instrument of delegation, authorize the subdelegation of the duties he indicates, and in that case shall name the title of the public servant or the holder of the position to whom they may be subdelegated.

1990, c. 64, s. 5.

6. The staff of the department shall consist of the public servants required for the performance of the duties of the Minister; they shall be appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1).

The Minister shall determine the duties of the public servants where they are not determined by law or by the Government.

1990, c. 64, s. 6.

7. The signature of the Minister or the Deputy Minister gives effect to any document emanating from the department.

No deed, document or writing is binding on the Minister or may be attributed to him unless it is signed by him, by the Deputy Minister, by a member of the staff of the department or by the holder of a position and only, in the last two cases, to the extent determined by the Government.

1990, c. 64, s. 7.

8. The Government may, on the conditions it determines, allow the signature of a person referred to in section 7 to be affixed by means of an automatic device to the documents it determines.

The Government may also allow a facsimile of such a signature to be engraved, lithographed or printed on the documents it determines. The facsimile must be countersigned by a person authorized by the Minister.

1990, c. 64, s. 8.

9. Any document or copy of a document emanating from the department or forming part of its records, signed or certified by a person referred to in the second paragraph of section 7, is authentic.

1990, c. 64, s. 9.

10. The Minister shall table in the National Assembly a report of the activities of the Ministère des Forêts for each fiscal year, within six months after the end of the fiscal year, if the Assembly is sitting or, if it is not sitting, within 30 days after the opening of the next session or resumption.

1990, c. 64, s. 10.

CHAPTER II DUTIES AND POWERS OF THE MINISTER

11. The Minister shall devise a forestry policy, propose it to the Government and ensure its implementation.

1990, c. 64, s. 11.

12. The objectives of the forestry policy shall be, in particular, the preservation or renewal of the forest cover, the protection of all forest resources, the optimum utilization of those resources and the expansion of economic activities relating to the development and processing of forest resources.

1990, c. 64, s. 12.

13. All forest management activities in forests in the public domain shall be under the authority of the Minister.

1990, c. 64, s. 13.

14. The duties of the Minister shall be, more particularly:

(1)  to oversee all aspects of forest management in forests in the public domain;

(2)  to ensure, in forests in the public domain, the compatibility of forest management activities with the uses provided for in land use plans referred to in Division III of Chapter II of the Act respecting the lands in the public domain (chapter T-8.1);

(3)  to encourage the development of private forests;

(4)  to establish, in forests in the public domain, forest management units and to allocate thereto, up to the maximum allowable annual cut and taking account of other available sources of supply, volumes of round timber to supply wood processing plants;

(5)  to carry out, according to law, forest management activities;

(6)  to devise and carry out plans and programs for the conservation, development and processing in Québec of forest resources;

(7)  to devise and implement research and development programs in the fields of forestry and the processing of forest resources;

(8)  to ensure the protection of forest resources against fire, epidemics and diseases and to carry out phytosanitary tests on such resources;

(9)  to contribute to the development, adaptation and modernization of wood processing plants and other activities using timber;

(10)  to encourage the marketing and sale of forest products;

(11)  to ensure the participation of the forestry sector in regional development;

(12)  to enforce legislation relating to forests;

(13)  to perform any other duty assigned to him by the Government with respect to forests.

1990, c. 64, s. 14.

15. The Minister may, for the performance of his duties, grant financial assistance on the conditions determined by regulation of the Government.

1990, c. 64, s. 15.

16. Any employee of the department may, in the performance of his duties and at any reasonable time, enter on and pass over land in the private domain. He shall, if so required, identify himself and show the certificate of his capacity signed by the Minister.

1990, c. 64, s. 16.

CHAPTER III TRANSITIONAL AND FINAL PROVISIONS

17. The members of the staff of the Ministère de l’Énergie et des Ressources who are assigned to duties devolving upon the Minister of Forests shall, in the manner determined by the Government, become the members of the staff of the Ministère des Forêts.

1990, c. 64, s. 17.

18. The records and other documents of the departments and services of the Ministère de l’Énergie et des Ressources necessary for the performance of the duties devolving upon the Minister of Forests shall become, in the manner determined by the Government, the records and other documents of the Ministère des Forêts.

1990, c. 64, s. 18.

19. Matters pending before the Ministère de l’Énergie et des ressources concerning matters devolving upon the Minister of Forests shall be continued and decided by the latter from 30 January 1991.

1990, c. 64, s. 19.

20. The Minister of Forests shall become a party to every action to which the Minister of Energy and Resources or the Minister for Forests was a party and which pertains to a matter coming under the jurisdiction of the Minister of Forests, without continuance of suit, on 30 January 1991.

1990, c. 64, s. 20.

21. The Minister of Forests is authorized to use any document or means of identification prepared in the name of the Minister of Energy and Resources or the Ministère de l’Énergie et des Ressources, or the Minister for Forests, until he replaces it with documents or means of identification prepared in his name or in the name of the Ministère des Forêts.

1990, c. 64, s. 21.

22. The appropriations allocated to the Ministère de l’Énergie et des Ressources in respect of matters devolving upon the Minister of Forests are transferred, to the extent determined by the Government, to the Ministère des Forêts.

The other sums required for the carrying out of this Act are taken, for the fiscal year 1990-91, out of the consolidated revenue fund to the extent determined by the Government.

1990, c. 64, s. 22.

23. (Omitted).

1990, c. 64, s. 23.

24. The words “of Energy and Resources” and the words “de l’Énergie et des Ressources” are replaced by the words “of Forests” and “des Forêts”, respectively, everywhere they appear in the following provisions:

(1)  (amendment integrated into c. C-42, ss. 6, 8, 10, 14, 27, 28, 43, 44, 49 and 66);

(2)  (amendment integrated into c. C-78, ss. 1 and 53);

(3)  (amendment integrated into c. C-78.1, ss. 30, 69 and 70);

(4)  (amendment integrated into c. M-13.1, s. 245);

(5)  (amendment integrated into c. P-16, s. 42);

(6)  (amendment integrated into c. P-25, s. 2);

(7)  (amendment integrated into c. Q-2, ss. 144 and 178);

(8)  (amendment integrated into c. R-13.1, ss. 174 and 191.69);

(9)  (amendment integrated into c. S-12, ss. 19, 19.1, 25 and 28);

(10)  (amendment integrated into c. V-8, s. 30);

(11)  (inoperative, 1993, c. 55, s. 40).

1990, c. 64, s. 24.

25. (Amendment integrated into c. C-24.1, s. 1).

1990, c. 64, s. 25.

26. (Amendment integrated into c. C-24.2, s. 4).

1990, c. 64, s. 26.

27. (Amendment integrated into c. C-61.1, s. 128.2).

1990, c. 64, s. 27.

28. (Amendment integrated into c. E-18, s. 4).

1990, c. 64, s. 28.

29. (Amendment integrated into c. F-2.1, s. 220.2).

1990, c. 64, s. 29.

30. (Amendment integrated into c. F-4.1, s. 257).

1990, c. 64, s. 30.

31. (Amendment integrated into c. M-12.1, s. 44).

1990, c. 64, s. 31.

32. (Amendment integrated into c. M-13.1, s. 244).

1990, c. 64, s. 32.

33. (Amendment integrated into c. M-15.1, s. 12).

1990, c. 64, s. 33.

34. (Amendment integrated into c. M-15.1, s. 15).

1990, c. 64, s. 34.

35. (Omitted).

1990, c. 64, s. 35.

36. (Amendment integrated into c. M-34, s. 1).

1990, c. 64, s. 36.

37. (Amendment integrated into c. P-37, s. 1).

1990, c. 64, s. 37.

38. (Amendment integrated into c. E-12.01, s. 6).

1990, c. 64, s. 38.

39. (Amendment integrated into c. E-12.01, s. 12).

1990, c. 64, s. 39.

40. (Amendment integrated into c. M-11.1, s. 4).

1990, c. 64, s. 40.

41. (Amendment integrated into c. M-11.1, s. 9).

1990, c. 64, s. 41.

42. (Amendment integrated into c. M-11.1, s. 11).

1990, c. 64, s. 42.

43. (Omitted).

1990, c. 64, s. 43.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 64 of the statutes of 1990, in force on 1 March 1991, is repealed, except section 23, paragraph 11 of section 24 and section 43, effective from the coming into force of chapter M-24.1 of the Revised Statutes.