F-4.1 - Forest Act

Updated to 6 April 2000

This document has official status.

chapter F-4.1

Forest Act

PRELIMINARY PROVISION

1996, c. 14, s. 1.

The purpose of this Act is to foster recognition of the forest as a common heritage and promote sustainable forest development in order to meet the economic, environmental and social needs of present and future generations while giving proper consideration to other potential uses of the territory.

Sustainable forest development is, more particularly, to the extent provided for by this Act and the regulations, forest development that is conducive to

—the preservation of biological diversity;

—the maintenance and improvement of the condition and productivity of forest ecosystems;

—the conservation of soil and water resources;

—the maintenance of the function of forest ecosystems as a component of global ecological cycles;

—the maintenance of the multiple socioeconomic benefits society derives from forests;

—the giving of proper consideration, in selecting forms of development, to the values and needs expressed by the populations concerned.

TITLE I MANAGEMENT OF FORESTS IN THE DOMAIN OF THE STATE

1999, c. 40, s. 140.

CHAPTER I SCOPE

1. This Title applies to forests in the domain of the State.

1986, c. 108, s. 1; 1999, c. 40, s. 140.

CHAPTER II FOREST MANAGEMENT

DIVISION I MANAGEMENT PERMIT

2. No one may carry on a forest management activity unless he is the holder of a forest management permit issued for that purpose by the Minister.

1986, c. 108, s. 2.

3. Forest management includes timber felling and harvesting, the installation and maintenance of infrastructures, the carrying out of silvicultural treatments including reforestation and the use of fire, the repression of insect epidemics, cryptogamic diseases and competing vegetation, and all other activities affecting the productivity of a forest area.

1986, c. 108, s. 3.

4. A forest management permit may be granted for a period not exceeding 12 months, with the exception of a sugar bush management permit for acericultural purposes, which may be granted for a period of five years.

1986, c. 108, s. 4; 1993, c. 55, s. 1.

5. No one may hold a forest management permit unless he pays the dues prescribed by the Minister.

The Minister shall prescribe the dues according to the unit rate applicable to the species or groups of species and to the quality of the timber the harvest of which is authorized by the permit or, where such is the case, according to the unit rate applicable per surface unit in the forest area covered by the permit.

The Government shall determine by regulation the unit rate contemplated in the second paragraph for the classes of forest management permits it specifies. For the other classes of permits, the unit rate shall be determined by the Minister according to the rules of computation determined by regulation of the Government.

The unit rate contemplated in the second paragraph may vary according to such forest tariffing zones as may be established by regulation of the Government.

1986, c. 108, s. 5.

6. The dues prescribed by the Minister under section 5 are exigible upon the issuance of the forest management permit or within the time determined by regulation of the Government for any class of permits it specifies.

1986, c. 108, s. 6.

6.1. Subject to the first paragraph of section 73.3.3, interest shall be charged on any unpaid balance of dues exigible under this Act from the thirtieth day following the date of billing, at the rate determined under section 28 of the Act respecting the Ministère du Revenu (chapter M-31). The interest is capitalized monthly.

1991, c. 47, s. 1; 1997, c. 33, s. 1.

7. No forest management permit may be issued to a person who owes dues exigible under this Act.

1986, c. 108, s. 7.

8. Full ownership of the timber authorized for harvesting under a forest management permit remains in the domain of the State until the timber is felled and delivered to the destination indicated in the permit, unless the prescribed dues are paid in full.

1986, c. 108, s. 8; 1990, c. 17, s. 1; 1999, c. 40, s. 140.

9. The State has, for the purpose of securing the payment of dues exigible for the harvest of timber under this Act, a legal hypothec on the timber, even before it is harvested on forest land, by or on behalf of the debtor of such dues, whatever the destination of the timber.

The hypothec shall take effect at the time the timber is delivered to the destination indicated in the permit, and it shall rank from the time it is entered in the register of personal and movable real rights.

For the purposes of the publication of rights, the reference to the number of the common area mentioned in the forest management permit is deemed to be a sufficient description of the encumbered property; the issue of a forest management permit to the same agreement holder in respect of the same common area during each of the years following the year of issue of the first forest management permit is a continuance of the first permit, and the permit so issued each year is deemed to have existed continuously from the date of issue of the first permit.

1986, c. 108, s. 9; 1988, c. 73, s. 1; 1990, c. 17, s. 2; 1992, c. 57, s. 586; 1993, c. 55, s. 41; 1993, c. 55, s. 2; 1999, c. 40, s. 140.

DIVISION II CLASSES OF FOREST MANAGEMENT PERMITS

10. Forest management permits may be issued

(1)  for the harvest of firewood for domestic or commercial purposes;

(2)  for sugar bush management for acericultural purposes;

(3)  for public utility works;

(4)  for mining activities;

(5)  for a wildlife or recreational development project;

(6)  for the supply of wood processing plants;

(7)  for a punctual management activity referred to in section 24.1.

1986, c. 108, s. 10; 1988, c. 73, s. 2; 1993, c. 55, s. 3.

§ 1 . — Firewood

11. The Minister shall issue a forest management permit for the harvest of firewood for domestic purposes to every natural person who applies therefor in writing.

The application must be accompanied with a declaration attesting that the harvest is intended exclusively for the applicant’s personal use.

The Minister shall not grant a permit unless forest production is sufficient.

The permit authorizes its holder to harvest, in the contemplated territorial unit, a volume not exceeding 15 m3 of timber of the species determined by the Minister.

1986, c. 108, s. 11.

11.1. The harvest of firewood for the exclusive use of an outfitting operation, a wildlife management area or a wildlife preserve 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) shall be regarded as the harvest of firewood for domestic purposes.

Every application under the first paragraph must be filed by the person responsible for the management of the outfitting operation, of the wildlife management area or of the wildlife preserve. It must be accompanied with a statement attesting that the harvest of firewood is intended for the exclusive use of an outfitting operation, the wildlife management area or the wildlife preserve.

The permit authorizes its holder to harvest, in the contemplated territorial unit, a volume of timber of the species determined by the Minister.

1988, c. 73, s. 3.

11.2. The Minister may issue a forest management permit for the harvest of firewood for commercial purposes to every person who applies therefor in writing and operates an enterprise the activities of which include the preparation and sale of firewood for commercial purposes.

The permit authorizes its holder to harvest, in the contemplated territorial unit, the volume and species of timber determined by the Minister.

The permit shall be issued by the Minister if forest production is sufficient and so far as salvage of slash and cull promotes the growth of stands in a particular forest area.

Where the permit authorizes harvesting in a forest management unit covered by a timber supply and forest management agreement, the Minister must beforehand have consulted the agreement holder concerned.

Where applicable, the permit shall indicate any condition the Minister may prescribe.

1993, c. 55, s. 4.

§ 2 . — Sugar bush

12. (Repealed).

1986, c. 108, s. 12; 1988, c. 73, s. 4.

13. The Minister may issue a sugar bush management permit to every person who applies therefor in writing and furnishes

(1)  (paragraph repealed);

(2)  a description of the sugar bush concerned by the application including, in particular, the area and tapping capacity of the sugar bush;

(3)  the description and location of existing or projected roads and buildings;

(4)  any information relating to the management of the sugar bush prescribed by regulation of the Government.

1986, c. 108, s. 13; 1988, c. 73, s. 5.

14. The permit authorizes it holder to manage the sugar bush described therein and to carry out the necessary work for that purpose, in accordance with standards prescribed by regulation of the Government for tapping maple trees and other work related to such management.

The permit shall indicate, where such is the case, the destination of timber harvested in the sugar bush upon the application of silvicultural treatments designed to promote sap production.

It shall also indicate any special conditions the Minister may prescribe.

1986, c. 108, s. 14.

15. (Repealed).

1986, c. 108, s. 15; 1988, c. 73, s. 6.

16. (Repealed).

1986, c. 108, s. 16; 1988, c. 73, s. 6.

16.1. The holder shall prepare and submit to the Minister a report of his activities in the form, at the time and with the content determined by regulation of the Government.

1988, c. 73, s. 7.

16.2. A permit holder who operates a sugar bush for acericultural purposes is entitled to the renewal of his permit if he meets the following requirements:

(1)  he complies with the prescriptions of the permit;

(2)  he has submitted his report of activities to the Minister;

(3)  he has operated his sugar bush at an average of 50 % or more of its tapping capacity during the last five years or, in the case of renewal of a first permit, during the last four years.

1988, c. 73, s. 7; 1993, c. 55, s. 5.

17. The Minister may, at the request of the permit holder, increase the area of the territory covered by the permit, if the holder meets the following requirements:

(1)  he has operated the sugar bush at 90% or more of its tapping capacity for at least two years;

(2)  he has completed the construction of the roads and buildings as described and located in his application.

1986, c. 108, s. 17; 1988, c. 73, s. 8; 1995, c. 37, s. 1.

17.1. A permit holder must, within three years of the date on which he obtained the permit, operate any part of the sugar bush added to the territory covered by his permit at 90% or more of its tapping capacity.

If the permit holder does not meet that requirement, the Minister may remove, from the part added to the sugar bush, that part which corresponds to the unused tapping capacity.

1988, c. 73, s. 8.

17.2. The Minister may, for public utility purposes, refuse to renew a sugar bush management permit.

1988, c. 73, s. 8.

17.3. The Minister may revoke a sugar bush management permit

(1)  if the holder has failed to pay the exigible dues;

(2)  if the holder has not submitted a report of his activities to the Minister;

(3)  if the holder has failed to comply with the regulatory provisions applicable to his forest management activities or with the prescriptions of his permit;

(4)  if the holder has not cultivated and operated the sugar bush for at least three consecutive years.

The Minister shall, before making such a decision, notify the permit holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow him at least 10 days to present observations. In the cases referred to in subparagraphs 1 and 2 of the first paragraph, the prior notice shall also indicate that the permit will not be revoked if the holder remedies his default before the expiry of the time fixed in the notice.

1993, c. 55, s. 6; 1997, c. 43, s. 295.

§ 3 . — Public utility

18. The Minister shall issue a forest management permit to any public body or person which carries on a public utility enterprise and which applies therefor in writing.

1986, c. 108, s. 18.

19. The permit authorizes its holder to carry out the forest management activities required for the public utility works within the perimeter described by the Minister. The permit shall indicate the destination of the harvested timber.

1986, c. 108, s. 19.

§ 4 . — Mining activities

20. The Minister shall issue a forest management permit to any holder of mining rights who applies to him therefor in writing for the purposes of the exercise of his rights under the Mining Act (chapter M-13.1).

1986, c. 108, s. 20; 1987, c. 64, s. 344.

21. The permit authorizes its holder to carry on, on the terms and conditions indicated therein, the forest management activities required for the exercise of his rights.

The permit shall indicate the destination of any harvested timber that is not used for the erection of mining structures.

1986, c. 108, s. 21.

§ 5 . — Wildlife or recreational development project

22. The Minister, on the conditions he determines, may issue a forest management permit to a person otherwise authorized by law to carry out a wildlife or recreational development project.

1986, c. 108, s. 22.

23. The permit authorizes the holder to carry out, on the terms and conditions indicated therein, the forest management work necessary for the achievement of the project, and shall indicate the destination of the harvested timber.

Where the permit authorizes its holder to carry out forest management work in a forest management unit covered by a timber supply and forest management agreement, the Minister must beforehand have consulted the agreement holder concerned.

1986, c. 108, s. 23; 1988, c. 73, s. 9.

§ 6 . — Supply of a wood processing plant

24. The Minister shall not issue a forest management permit for the supply of a wood processing plant except to

(1)  the holder of a timber supply and forest management agreement or the holder of a wood processing plant operating permit for energy production or metallurgical purposes who is entitled thereto under Chapter III;

(2)  the holder of a wood processing plant operating permit who complies with section 92.1.

1986, c. 108, s. 24; 1988, c. 73, s. 10.

§ 7 . — Punctual activity

1988, c. 73, s. 11.

24.1. In a forest management unit, the Minister may issue to a person who applies therefor, on the conditions he determines and with the authorization of the Government, a forest management permit for the harvest of timber not allocated under a timber supply and forest management agreement where he is of opinion that such harvest will promote the growth of stands in the forest areas in which it is carried out.

The permit may be issued only in respect of a punctual management activity for experimental or research purposes or to execute a guaranty of auxiliary timber supply provided in an agreement entered into by the Minister.

1988, c. 73, s. 11.

24.2. The Minister shall issue the permit only to a person who has entered into an agreement with the holder of any agreement currently in force in the forest area concerned, in respect of the carrying out of the required forest management activities and the allocation of the costs thereof.

Notwithstanding the first paragraph, in the case of the execution of a guaranty of auxiliary timber supply, the permit may be issued despite the absence of an agreement. The terms and conditions prescribed by the Minister as regards the carrying out of the required forest management activities and the allocation of the costs thereof between the parties have, in such a case, the same effect as an agreement between the parties.

1988, c. 73, s. 11.

24.3. The holder of a management permit shall pay the dues prescribed by the Minister for the harvest of timber; the dues shall correspond to the product obtained by multiplying the harvested volume by the unit rate established under section 72.

1988, c. 73, s. 11.

DIVISION III FOREST CONSERVATION

1993, c. 55, s. 7.

25. Every holder of a forest management permit shall, in carrying on forest management activities, comply with the standards of forest management which the Government prescribes by regulation.

The object of the standards is to ensure

(1)  the preservation or renewal of the forest cover;

(2)  the protection of all forest resources;

(3)  the compatibility of forest management activities with the use of land in the domain of the State provided for in a plan contemplated in Division III of Chapter II of the Act respecting the lands in the domain of the State (chapter T-8.1).

1986, c. 108, s. 25; 1987, c. 23, s. 93; 1999, c. 40, s. 140.

25.1. The Minister may make an order if he observes that the holder of a forest management permit fails to comply with the conditions set out in the permit or with the standards of forest management prescribed under this Act. The order shall require the offender, for the period and on the conditions established by the Minister, to suspend the carrying out of the forest management activity or, as the case may be, to submit to the conditions set out in the permit or to the legal or regulatory provisions in force.

The order must give reasons and shall take effect on the date on which it is served.

Where the person to whom the order applies refuses or neglects to comply with it, the Minister, in addition to any other recourse, may apply to the Superior Court for an injunction ordering the person to comply with the order.

1993, c. 55, s. 8.

25.2. The Minister may, exceptionally and after consulting the departments concerned, prescribe, for a particular territorial unit, standards of forest management that differ from those fixed by regulation where the latter do not provide adequate protection of all the resources in that unit due to the characteristics of the forest in that unit and the nature of the project to be carried out.

1993, c. 55, s. 8.

25.3. The Minister, when approving the five-year plan or the general plan, and after the consultation prescribed under section 58.2, may authorize the agreement holder to apply, in a particular territorial unit, standards of forest management that differ from those fixed by regulation where so justified by the characteristics of the forest in that unit and the nature of the project to be carried out.

Such standards must be the subject of prior consultation with the departments concerned.

1993, c. 55, s. 8.

25.4. The provisions of sections 25.1 to 25.3 shall not apply to the wildlife habitats referred to in Chapter IV.1 of the Act respecting the conservation and development of wildlife (chapter C-61.1) except with the written authorization of the Société de la faune et des parcs du Québec established under section 1 of the Act respecting the Société de la faune et des parcs du Québec (chapter S-11.012).

1993, c. 55, s. 8; 1995, c. 37, s. 2; 1999, c. 36, s. 160.

26. The holder of a forest management permit who harvests timber shall scale it according to the scaling standards prescribed by regulation of the Government. The scaling method selected must first be approved by the Minister.

1986, c. 108, s. 26; 1993, c. 55, s. 9.

26.1. Where the holder of a management permit entrusts the carrying out of work authorized under his forest management permit to a third person, he must inform that person in writing of the requirements of this Act and the regulations thereunder and of the prescriptions of the management permit relating to the forest management activities to be carried out.

The third person must comply with such requirements.

1988, c. 73, s. 12.

27. No person may operate a machine used for a forest management activity in the strip of woodland 20 metres in width established by regulation of the Government for the protection of the shores of lakes and watercourses, except with an authorization to that effect under this Act for the construction of a road or the installation of infrastructures.

1986, c. 108, s. 27.

28. No person may operate a machine used for a forest management activity on the bed of a lake or watercourse, except

(1)  for the purpose of erecting a bridge or a culvert or completing bridging work;

(2)  in accordance with the norms prescribed by regulation under the Environment Quality Act (chapter Q-2), where such is the case.

1986, c. 108, s. 28; 1988, c. 73, s. 13.

28.1. No person may dump earth, slash, oil, chemical products or other contaminants of the same nature contemplated in the Environment Quality Act (chapter Q-2) into a lake or watercourse in carrying on a forest management activity.

1988, c. 73, s. 13.

28.2. No person may carry out a forest management activity within a zone of 60 metres in width on each side of any river or part of any river identified as a salmon river by the minister designated by the Government as the minister responsible for the administration of the Act respecting the Société de la faune et des parcs du Québec (chapter S‐11.012) without prior authorization to that effect from the Minister.

In the case of lands submerged through the erection of dams, the zone of 60 metres begins at the limit defined by the trees that have perished from being submerged.

1986, c. 108, s. 207; 1988, c. 73, s. 67; 1993, c. 55, s. 37; 1994, c. 17, s. 76; 1999, c. 36, s. 159.

29. The Minister shall publish and keep up to date a forest management manual describing, in particular, the method and basis of calculation he uses or intends to use to determine, in respect of a particular forest area, the annual allowable cut and the expected effects of the various silvicultural treatments on the allowable cut.

The manual shall also describe the methods the Minister intends to apply to assess the actual effects of the treatments and to compare them with the projections made in the various forest management plans.

In addition, the manual shall describe the sampling methods for assessing silvicultural treatments that have been carried out to obtain the yields contemplated in timber supply and forest management agreements.

1986, c. 108, s. 29.

DIVISION IV FOREST ROADS

30. No person may construct or improve a road on lands in the domain of the State except according to the standards of forest management prescribed under section 171.

1986, c. 108, s. 30; 1988, c. 73, s. 14; 1999, c. 40, s. 140.

31. No person may construct or improve a road other than a forest road in a forest without prior authorization in writing from the Minister regarding the width of the right of way and the destination of the timber harvested in connection with its construction.

A forest road is a road constructed or used on land in the domain of the State in view of forest management activities under this Act.

1986, c. 108, s. 31; 1988, c. 73, s. 15; 1999, c. 40, s. 140.

32. No person may do construction or improvement work on a forest road unless he holds a forest management permit issued by the Minister under this Act.

1986, c. 108, s. 32; 1988, c. 73, s. 16.

33. Any person may use a forest road provided he observes the norms prescribed by regulation of the Government in that respect.

Notwithstanding the first paragraph, the Minister may, for reasons of public interest, limit or prohibit access to a forest road.

1986, c. 108, s. 33; 1988, c. 73, s. 17.

34. No person may operate, on a forest road bridge, a vehicle having a total loaded weight in excess of that determined by the Minister and posted at the site.

1986, c. 108, s. 34.

35. No claim for damages may be made by any person using a forest road on account of damage resulting from a defect in the construction, improvement or maintenance of the road.

1986, c. 108, s. 35.

CHAPTER III FOREST MANAGEMENT FOR SUPPLY OF WOOD PROCESSING PLANTS

DIVISION I TIMBER SUPPLY AND FOREST MANAGEMENT AGREEMENTS

§ 1 . — Making of agreements

36. The Minister may enter into a timber supply and forest management agreement with a qualified person, if forest production is sufficient and he is of opinion that it is in the public interest.

1986, c. 108, s. 36.

37. No one except a person authorized under Title IV to construct or operate a wood processing plant is qualified to enter into an agreement.

Moreover, any person so authorized who acquires a plant, or the right to operate a plant, which is or has been operated under a timber supply and forest management agreement is so qualified only if the dues exigible from the holder of such agreement have been paid in full.

The second paragraph does not apply if the holder has made an assignment of property or if a receiving order has been made against him under the Bankruptcy and Insolvency Act (Revised Statutes of Canada, 1985, chapter B-3).

1986, c. 108, s. 37; 1991, c. 47, s. 2.

38. The Minister shall establish and keep up to date a public register of timber supply and forest management agreements, and register agreements in it by deposit.

The Minister shall publish a notice of each deposit in the Gazette officielle du Québec. He shall indicate, in the notice, the registration number, the name of the agreement holder, the allocated timber volume for each species and the location of the forest management unit covered by the agreement.

1986, c. 108, s. 38.

39. Agreements are not transferable.

Notwithstanding the foregoing, an agreement holder may, in consideration of a loan or a line of credit, transfer his rights under the agreement while retaining the exercise of those rights.

1986, c. 108, s. 39.

40. The agreement holder shall cause every instrument affecting the agreement to be entered in the register referred to in section 38.

Where the agreement holder fails to comply with the first paragraph, any interested person may cause an instrument affecting the agreement to be entered in the register. The person may also cause a notice of his address or elected domicile to be entered in the register.

The notice provided for in the second paragraph shall have no effect thirty years after the date of registration of the instrument affecting the agreement.

1986, c. 108, s. 40.

41. Where the agreement holder is a legal person or a partnership, its officers shall give the Minister a written notice of any act or transaction resulting in a change in its control.

The notice shall be given not later than 60 days after the date of the act or transaction concerned.

1986, c. 108, s. 41.

§ 2 . — Object of agreements

42. A timber supply and forest management agreement entitles its holder to obtain, each year, on the forest land described in the agreement, a forest management permit to harvest a volume of round timber of one or several species to supply his wood processing plant, on condition that he performs his obligations under this Act and the agreement and that he carries out silvicultural treatments to attain the annual yield indicated in the agreement for each area intended for forest production.

1986, c. 108, s. 42.

43. The annual volume of round timber from forests in the domain of the State allocated under the agreement shall be the residual volume determined by the Minister, taking into account

(1)  the requirements of the processing plant;

(2)  other available sources of supply such as timber from private forests, chips, sawdust, shavings, timber from outside Québec and recycled wood fibres.

1986, c. 108, s. 43; 1990, c. 17, s. 3; 1999, c. 40, s. 140.

44. In no case may the allocated volume exceed the allowable annual cut for the forest management unit for which it is allocated.

1986, c. 108, s. 44.

45. The allowable annual cut is equal to the maximum volume of annual timber harvests that may be obtained in perpetuity from a particular forest management unit without reducing the production capabilities of the forest.

1986, c. 108, s. 45.

46. The annual yield is equal to the allowable annual cut determined on the basis of the average potential harvest per hectare in an area intended for forest production, taking into account the age-class distribution of the forest in that area, silvicultural techniques that may be applied there and the biophysical characteristics of the area.

Where the forest area includes high-quality hardwood and softwood species, the annual yield established shall take into account silvicultural methods that allow both for the maintenance of the yield in volume and an increase in the quality of the timber produced.

1986, c. 108, s. 46.

46.1. Where for a particular year the Minister considers that surpluses will be available in sources of supply mentioned in paragraph 2 of section 43, he may, to promote their utilization by agreement holders, to such extent as may be permitted to ensure the sustained yield, take, on or before 1 March of the preceding year, in respect of agreement holders for any category of wood processing plant he identifies and in respect of a species or a group of species he determines, the measure set out in the third paragraph.

The Minister may, in September of the year concerned, take the measure set out in the third paragraph or change or terminate any measure taken previously.

The Minister may, for the year concerned, fix a percentage by which the total volume of timber allocated under the agreements of the agreement holders concerned is to be reduced, and determine criteria that may vary according to classes of wood processing plants for the evaluation by the Minister of the performance of the agreement holders as regards the use of ligneous matter in the plant mentioned in the agreement. In order to attain the specified reduction, the Minister shall prescribe that the volume of timber which each agreement holder concerned will be authorized to harvest may not exceed the volumes allocated under the agreement reduced by a percentage that the Minister may cause to vary between agreement holders on the basis of their performance.

This section does not apply to agreement holders who hold an operating permit for a wood processing plant with an annual authorized timber consumption of 100 000 cubic metres or less.

1990, c. 17, s. 4; 1993, c. 55, s. 10; 1996, c. 14, s. 3; 1997, c. 33, s. 2.

46.2. A ministerial order under section 46.1 is not subject to the provisions of sections 8 and 17 of the Regulations Act (chapter R-18.1). It shall be published in the Gazette officielle du Québec and comes into force on the date indicated therein.

1997, c. 33, s. 3.

§ 3 . — Forest management unit

47. A forest management unit is the entire area of land covered by the agreement. It includes, in particular, the areas intended for forest production.

A forest management unit shall be described by the Minister and shall consist, as far as possible, of a single block.

The Minister shall, in determining the location of a unit, take account of

(1)  the nature and quality of the timber used by the agreement holder;

(2)  the distance between the forest area and the processing plant, and the available means of transport.

1986, c. 108, s. 47.

48. A forest area or part thereof may be under several agreements which allocate timber of different species or groups of species to different agreement holders.

1986, c. 108, s. 48.

49. Where the Minister is of opinion that the optimal use of the timber requires it, he may also allocate, in the same forest area, volumes of timber of the same species intended for different uses to several agreement holders.

Notwithstanding the first paragraph, where the Minister is of opinion that the distribution of timber according to quality, the distribution of stands according to classes based on age or the volume of timber to be allocated does not permit the delimitation of separate forest management units, he may allocate in the same forest area, volumes of timber of the same species intended for the same use to several agreement holders.

1986, c. 108, s. 49; 1988, c. 73, s. 18.

50. A forest management unit cannot be altered during the term of an agreement except on the expiry of five years as provided in section 77 or in circumstances described in the second paragraph, in section 79 or in section 81.

Where an area used in calculating the allowable annual cut is deleted from the forest management unit as a result of the application of another Act for reasons of public interest or to take account of an amendment to the land use plan prepared under Division III of Chapter II of the Act respecting the lands in the domain of the State (chapter T-8.1), the Minister shall, if forest production is sufficient, substitute an equivalent area for the deleted area.

Where forest management activities have been carried out under a plan approved by the Minister under subdivision 4, the Government shall grant equitable compensation to the agreement holder.

1986, c. 108, s. 50; 1990, c. 17, s. 5; 1999, c. 40, s. 140.

§ 4 . — Rights and obligations of agreement holders

i.  — PLANS

51. Every agreement holder shall prepare a general forest management plan respecting the forest management unit for the term of the agreement, and submit it to the Minister for approval. The plan shall be approved by a forest engineer.

The general plan must specify the various forest management activities the agreement holder intends to carry on to attain the annual yield indicated in the agreement or to promote the protection or development of forest resources.

It must also provide measures of prevention and identify measures of suppression of any entomological and pathological problems that may affect the forest management unit, in order to minimize their impact on the annual yield indicated in the agreement.

1986, c. 108, s. 51; 1988, c. 73, s. 19; 1995, c. 37, s. 3.

52. Every agreement holder shall also prepare a five-year forest management plan approved by a forest engineer and submit it to the Minister for approval.

The five-year plan shall describe, for each of the five years, the forest management activities which the agreement holder intends to carry out, the cutting areas and the sequence of cutting in them, the cutting methods and the silvicultural treatments the agreement holder intends to apply.

1986, c. 108, s. 52; 1988, c. 73, s. 20; 1995, c. 37, s. 4.

53. The agreement holder shall submit his general plan and five-year plan to the Minister in the form, at the time and with the content prescribed by regulation of the Government.

1986, c. 108, s. 53; 1988, c. 73, s. 21; 1990, c. 17, s. 6.

53.1. Where the Minister enters into a timber supply and forest management agreement in respect of a forest management unit that includes an area where at least another agreement is currently in force, the periods covered by the general plan and five-year plan must coincide with those of the general plan and five-year plan of the other agreement holder or holders.

1990, c. 17, s. 7.

54. Every agreement holder shall bring his general plan up to date, in the form, at the time and with the content prescribed by regulation of the Government, to take into account the five-year plan approved by the Minister.

1986, c. 108, s. 54; 1988, c. 73, s. 22; 1990, c. 17, s. 8.

55. Where several agreements are carried out in the same forest area, the agreement holders shall come to an agreement as to terms for the orderly integration of forest management activities, as to timber transportation activities and as to the allocation of the costs of such activities.

The agreement holders shall also come to an agreement as to the proportion of the prescribed dues which each agreement holder will pay by way of silvicultural treatments or by the carrying out of other forest management activities.

Any dispute in respect of matters referred to in the first and second paragraphs shall be submitted to arbitration, on the application of an interested agreement holder, in accordance with the provisions of Book VII of the Code of Civil Procedure (chapter C-25). The decision of the arbitrator shall have the same effect as stipulations agreed upon between the parties in respect of the subject of the dispute.

1986, c. 108, s. 55; 1988, c. 73, s. 23; 1995, c. 37, s. 5.

55.1. The stipulations of the agreement as to terms for the orderly integration of forest management activities and, where applicable, the stipulations as to the arbitration procedure shall be set out in the general, annual and five-year plans of each agreement holder referred to in section 55.

The stipulations as to timber transportation and as to the allocation of the costs of forest management activities and of timber transportation and the stipulations provided for in the second paragraph of section 55 shall be set out in the annual plan of each such agreement holder.

1988, c. 73, s. 23.

55.2. Each year, the agreement holders referred to in section 55 shall, in respect of each common area or part of a common area in which forest management activities are carried on, authorize one agreement holder to receive from the Minister and to transmit to him, on their behalf, any information or document necessary for the purposes of this Act. The annual management plan of each agreement holder shall indicate the name of the person so designated.

Where the agreement holders entrust the carrying out of forest management activities in a common area or in part of a common area to a forest cooperative, they may designate the latter as the authorized person for the purposes of the first paragraph as regards that area.

1988, c. 73, s. 23.

56. (Repealed).

1986, c. 108, s. 56; 1988, c. 73, s. 24.

57. Every agreement holder shall prepare an annual plan approved by a forest engineer describing all forest management activities the agreement holder intends to carry out during the year for the implementation of the five-year plan, and submit it to the Minister for approval.

1986, c. 108, s. 57; 1988, c. 73, s. 25.

58. The annual forest management plan must be submitted in the form, at the time and with the content determined by regulation of the Government.

1986, c. 108, s. 58; 1988, c. 73, s. 26.

58.1. The Minister shall make the general plan and the five-year plan available for examination by the public for a period of 45 days prior to their approval.

1988, c. 73, s. 27.

58.2. The agreement holder shall, during the period prescribed in section 58.1 and in accordance with the procedure established by the Minister, consult the persons or groups who applied therefor in the first 20 days of that period. The application for consultation must be made in writing, give reasons and state the interest of the applicant in the forest to which the plan applies.

The agreement holder shall send a document to the Minister setting out the comments received during the consultation and the action he intends to take in consequence.

The agreement holder shall, regardless of any application, consult the regional county municipality concerned.

1993, c. 55, s. 11.

58.3. In the case of a dispute between an agreement holder and a person or group referred to in section 58.2, the Minister may appoint a conciliator, who shall make recommendations to him within 10 days following the appointment.

1993, c. 55, s. 11.

59. The management plans, as approved by the Minister, are part of the agreement.

1986, c. 108, s. 59.

ii.  — FOREST MANAGEMENT ACTIVITIES

60. Every agreement shall include an undertaking by the agreement holder

(1)  to carry out every year at his own expense, in the forest management unit, all silvicultural treatments necessary for the attainment of the annual yield indicated in the agreement, in accordance with the annual forest management plan and the standards of forest management applicable under section 171;

(2)  to evaluate the silvicultural treatments he has carried out, in terms of their quality and quantity.

1986, c. 108, s. 60; 1988, c. 73, s. 28.

61. Where, in any year, an agreement holder fails to apply the silvicultural treatments indicated in the annual plan and necessary for the attainment of the annual yield indicated in the agreement, he shall execute them in the following year in addition to those required for that year.

Where the agreement holder fails to apply the treatments, the Minister shall apply them at the holder’s expense.

1986, c. 108, s. 61; 1995, c. 37, s. 6.

62. An agreement holder may, at his own expense, apply additional silvicultural treatments with a view to surpassing the annual yield indicated in the agreement, provided they are described in the five-year plan approved by the Minister.

1986, c. 108, s. 62.

63. Every agreement shall include an undertaking by the Minister to place all available forest inventory, pathological, entomological and ecological inventory data at the disposal of the agreement holder.

1986, c. 108, s. 63.

64. The Minister shall, each year, gratuitously supply the agreement holder with the necessary plants for the reforestation the holder intends to carry out to attain the annual yield indicated in the agreement.

1986, c. 108, s. 64.

65. If a forest management unit includes forest areas in which, on 1 April 1987, softwood and hardwood regeneration is lacking or is of poor quality, the Minister shall apply silvicultural treatments to the areas to make them contribute to the annual yield indicated for the management unit in the agreement.

1986, c. 108, s. 65.

66. Every agreement holder holding a forest management permit issued under section 85 has, under the agreement, the exclusive right to harvest the volume of timber of such species or groups of species as may be allocated to him in the forest management unit, except where the forest management activies are integrated under section 55 or in accordance with section 92.1.

1986, c. 108, s. 66; 1988, c. 73, s. 29; 1990, c. 17, s. 9.

67. Where forest management activities are integrated, harvesting shall be done under the terms of the agreement among the agreement holders or, failing agreement, the terms fixed under sections 55.1 and 55.2.

1986, c. 108, s. 67; 1988, c. 73, s. 30.

68. (Repealed).

1986, c. 108, s. 68; 1988, c. 73, s. 31.

69. (Repealed).

1986, c. 108, s. 69; 1988, c. 73, s. 31.

70. At the end of each year, every agreement holder shall prepare and submit to the Minister, in the form, at the time and with the content determined by regulation of the Government, a report approved by a forest engineer on the forest management activities carried out by the agreement holder in the year and on the evaluation of the quality and quantity of silvicultural treatments necessary for the attainment of the annual yield indicated in the agreement, or of other forest management activities intended to promote the protection or development of forest resources.

The report shall indicate, in particular, the proportion of the silvicultural treatments or other forest management activities stipulated in the annual forest management plan which have actually been applied or carried out during the year.

1986, c. 108, s. 70; 1988, c. 73, s. 32; 1995, c. 37, s. 7.

iii.  — DUES PAYABLE

71. Every agreement holder shall pay, in respect of the timber harvested during the term of his forest management permit, such amount of dues as is obtained by multiplying the volume of timber harvested by the applicable unit rate, less any credits to which the agreement holder may be entitled pursuant to this Act. The dues are payable according to the terms and conditions set out in section 73.3.1.

1986, c. 108, s. 71; 1990, c. 17, s. 10; 1997, c. 33, s. 4.

72. The unit rate applicable for each species or group of species and quality of timber corresponds to the stumpage value in the tariffing zone where the agreement is carried out. The value shall be established by the Minister according to the rules of calculation determined by regulation of the Government.

1986, c. 108, s. 72; 1988, c. 73, s. 33.

73. (Repealed).

1986, c. 108, s. 73; 1997, c. 33, s. 5.

73.1. The dues that an agreement holder is required to pay are payable in cash or by way of silvicultural treatments carried out to attain the annual yield in accordance with section 60.

The Minister may authorize, as payment of dues, any other forest management activity intended to promote the protection or development of forest resources.

To be admitted as payment of dues, the silvicultural treatments or other forest management activities applied or carried out by the agreement holder must have been accepted by the Minister following the presentation of the annual report prescribed by section 70.

The Minister may also authorize, as payment of dues, the financing, by the agreement holder, of any forest management activity carried out by a third person in a forest management unit, a public forest reserve or a private forest, in accordance with this Act. It must be evidenced in a prior agreement, approved by the Minister on the conditions he may determine, between the agreement holder and the person to whom financing is granted for the carrying out of the activities. The prior agreement must provide for, in particular, a plan of the forest management activities, the costs of carrying out such activities and their sources of financing as well as a report approved by a forest engineer on the forest management activities carried out in the year. The conditions governing the granting of credits applicable to the payment of the prescribed dues shall be determined by regulation of the Government.

However, contributions paid by an agreement holder to a regional agency for private forest development pursuant to section 124.29 or contributions paid pursuant to section 73.4 are not admitted as payment of dues.

1990, c. 17, s. 11; 1995, c. 37, s. 8; 1996, c. 14, s. 4; 1997, c. 33, s. 6.

73.2. An agreement holder may, for the forest management activities he carries out, prepare and submit to the Minister, in the form and tenor determined by regulation of the Government, a periodic progress report, approved by a forest engineer, on silvicultural treatment and other forest management activities. No progress report shall be submitted to the Minister until 30 days after the date of the last report.

On receipt of a periodic report, the Minister may grant a provisional credit, for a value corresponding to the value of the silvicultural treatments or other forest management activities which have been carried out, applicable to the payment of the prescribed dues.

Following the presentation of the annual report, provisional credits shall be adjusted, if need be, to ensure that they correspond to the value of the treatments or other forest management activities accepted by the Minister in accordance with the third paragraph of section 73.1.

1990, c. 17, s. 11; 1995, c. 37, s. 9.

73.3. The value of the treatments, other activities and contributions to financing referred to in section 73.1 shall be fixed by the Minister according to the rules of calculation determined by regulation of the Government.

1990, c. 17, s. 11; 1995, c. 37, s. 10; 1997, c. 33, s. 7.

73.3.1. Every agreement holder shall, on the dates fixed by the Minister, pay as dues the amount determined prospectively for each date and representing the difference between

(1)  the portion of the dues payable by the agreement holder, determined by the Minister on the basis of the volume of timber indicated in the annual management plan submitted by the agreement holder, and on the basis of the unit rate that will be applicable at the beginning of the term of the forest management permit; and

(2)  the portion, determined by the Minister, of the value of the silvicultural treatments and other forest management activities to be carried out as stipulated in the annual management plan that may be admitted as payment of dues.

However, the data in the annual management plan is not binding on the Minister who may, for the purpose of calculating the dues payable, adjust the data, on the basis of the agreement holder’s past timber harvests in the case of subparagraph 1 and, in the case of subparagraph 2, on the basis of the agreement holder’s past record in respect of silvicultural treatments and other forest management activities.

At the end of the term of a forest management permit, any amount representing the difference between the dues payable under section 71 and those prescribed under this section shall, where due by the agreement holder, be paid within 30 days of the date of the statement determining the balance due; any amount payable by the Minister must be refunded within 90 days of the end of the term of the permit up to the amounts collected during that term.

1997, c. 33, s. 8.

73.3.2. The Minister may, on any of the dates fixed pursuant to the first paragraph of section 73.3.1, deduct from the amount of dues payable under that section any credits, other than credits referred to in subparagraph 2 of the first paragraph of that section, to which the agreement holder may be entitled pursuant to this Act.

1997, c. 33, s. 8.

73.3.3. Any balance remaining on the amount of dues payable under section 73.3.1, on the dates fixed by the Minister pursuant to the first paragraph of that section, bears interest from those dates at the rate fixed under section 28 of the Act respecting the Ministère du Revenu (chapter M-31). The interest is capitalized monthly.

Any excess amount collected by the Minister during the term of a forest management permit and not refunded before the expiry of the 90-day limit provided in the third paragraph of section 73.3.1 bears interest, from the expiry of that time limit, at the rate fixed under section 28 of the Act respecting the Ministère du Revenu. The interest is capitalized monthly.

1997, c. 33, s. 8.

73.3.4. The Minister may revise the amount and terms and conditions of payment of the dues prescribed in respect of an agreement holder under section 73.3.1 if the Minister determines that, unless a revision is made, there is likely to be a substantial difference between the dues prescribed under that section and the dues payable under section 71.

1997, c. 33, s. 8.

iv.  — CONTRIBUTIONS TO THE FORESTRY FUND

1996, c. 14, s. 5.

73.4. Every agreement holder must, at such intervals as are determined by regulation of the Government, pay to the Minister a contribution for the financing of activities related to seedling production, forest inventory data and forest research.

The contribution shall be established by the Minister on the basis of a rate per cubic metre of timber, fixed by regulation of the Government, that is applicable to the volume of timber allotted to the agreement holder in his agreement and is determined on the date or dates fixed by the regulation.

1996, c. 14, s. 5.

73.5. The Minister shall collect the contributions of the agreement holders and pay them into the forestry fund established under section 170.2.

1996, c. 14, s. 5.

73.6. The Minister may refuse to issue a forest management permit if the agreement holder does not pay his contribution.

1996, c. 14, s. 5.

§ 5 . — Term and revision

74. The term of an agreement shall be 25 years. It comes into effect on the date of its registration by the Minister.

1986, c. 108, s. 74.

75. Every five years from the effective date of the agreement, its term is extended for five more years if, during the preceding five years, the agreement holder has fulfilled his obligations under this Act.

1986, c. 108, s. 75.

76. Where at the end of any five-year period, the Minister finds that the silvicultural treatments applied by the agreement holder pursuant to section 62 allow the annual yield indicated in the agreement to be surpassed, he shall allocate an annual volume to him equal to the increase in the allowable annual cut.

The additional volume shall not be taken into account in calculating dues under this Act. It cannot be reduced by the effect of section 77.

1986, c. 108, s. 76; 1993, c. 55, s. 12.

77. At the end of each five-year period, the Minister may revise the residual volume of round timber from the domain of the State that has been allocated, the area of the forest management unit or the annual yield indicated in the agreement, to take account of

(1)  changes in the requirements of the wood processing plant;

(2)  changes in the availability of timber from private forests, wood chips, sawdust, shavings, timber from outside Québec or recycled wood fibres;

(3)  the average annual volume of round timber from forests in the domain of the State used by the plant in the last five years;

(4)  a revision of the calculation of the allowable annual cut that has become necessary on account of new data obtained during that period in respect of the forest inventory or of the biophysical characteristics of the areas intended for forest production in the forest management unit;

(5)  the forest management activities carried out in the last five years.

For the purposes of subparagraph 3 of the first paragraph, no account shall be taken of any failure to use any part of the volume allocated that is due to the salvaging, from watercourses, of stocks of round timber from forests in the domain of the State following the discontinuance of driving activities.

1986, c. 108, s. 77; 1988, c. 73, s. 34; 1990, c. 17, s. 12; 1999, c. 40, s. 140.

78. An agreement holder may require that the Minister submit to the arbitration procedure provided in the Code of Civil Procedure (chapter C-25) if he is of opinion that the revision of his allocated volume was not made according to the criteria set forth in section 77.

Where the application appears to be justified, the arbitrator may grant compensation to the agreement holder for any damage suffered, or adjust the volume allocated in the agreement.

1986, c. 108, s. 78.

79. Where substantial destruction has been caused to timber stands in a forest area by natural disasters such as forest fires, windfalls, infestations of insects or cryptogamic diseases, the Minister shall prepare and administer a special forest management plan, notwithstanding sections 25, 27 and 171, for such period and on such conditions as he may determine, to ensure wood salvage.

Every agreement holder who carries out an agreement in the forest area shall comply with the special plan. Upon his failure to comply, the volume of timber allocated in the agreement shall be reduced by the volume he is required to salvage under the special plan.

The Minister may, for the implementation of a special plan, grant to any agreement holder who applies therefor in writing, financial assistance which may be in the form of a credit on the dues payable by the agreement holder under this Act.

This section also applies to ensure wood salvage in a forest area required for a hydroelectric development and designated for that purpose by order of the Government.

1986, c. 108, s. 79; 1988, c. 73, s. 35.

80. Where the administration of the special plan does not allow the allowable annual cut for the forest management unit to be sustained, the Minister may amend the agreement to ensure a steady supply of timber to the plant it is intended for.

1986, c. 108, s. 80.

81. The Minister, upon becoming aware of a change in control of a legal person or partnership holding an agreement, may revise the allocated volume and the area and location of the forest management unit to take account of the effects of the change on the agreement holder’s requirements.

1986, c. 108, s. 81.

81.1. The Minister may also revise the volume allocated under the agreement where there is a change in the requirements of the agreement holder’s wood processing plant as a result of the final discontinuance of part of the operations of the plant.

1990, c. 17, s. 13.

§ 6 . — Cancellation of agreement

82. The Minister may terminate an agreement

(1)  if the agreement holder fails to comply with his contractual obligations or the standards of forest management applicable to his forest management activities;

(2)  if the agreement holder fails to pay the exigible dues;

(3)  if the agreement holder has not repaid to the Minister the costs incurred by the latter under section 61;

(4)  if the agreement holder fails to comply with the obligations set out in sections 41 and 166;

(5)  if the wood processing plant operated by the agreement holder has not been in operation for one-and-a-half years.

In such cases, the Minister must give the agreement holder in default a prior notice stating his intention to terminate the agreement unless he remedies his default before the expiry of the time indicated in the notice.

1986, c. 108, s. 82; 1988, c. 73, s. 36; 1990, c. 17, s. 14; 1993, c. 55, s. 13.

83. The Minister shall make an entry in the register contemplated in section 38 for every notice given under section 82.

1986, c. 108, s. 83.

84. The Minister shall terminate the agreement without prior notice:

(1)  where the agreement holder’s wood processing plant ceases its operations permanently;

(2)  where the agreement holder has made an assignment of his property or has been under a bankruptcy order pursuant to the Bankruptcy and Insolvency Act (Revised Statutes of Canada, 1985, chapter B-3) or, in the case of a legal person, has been under a winding-up order.

1986, c. 108, s. 84.

DIVISION II MANAGEMENT PERMITS FOR SUPPLY OF WOOD PROCESSING PLANTS

§ 1 . — Agreement holders

85. The Minister shall issue a forest management permit to a timber supply and forest management agreement holder upon approval of his annual forest management plan.

1986, c. 108, s. 85.

86. A forest management permit authorizes an agreement holder to harvest during the year, subject to any decision of the Minister made pursuant to section 46.1 the timber required to supply the plant indicated in the agreement, up to the annual volume fixed in the agreement or up to the volume increased pursuant to section 92.0.1, and to carry on the other forest management activities indicated in the annual forest management plan.

The forest management permit shall indicate, in particular, the cutting areas, the authorized volumes and their destination, the infrastructures to be constructed or improved and the silvicultural treatments or other forest management activities to be applied or carried out.

1986, c. 108, s. 86; 1993, c. 55, s. 14; 1995, c. 37, s. 11; 1996, c. 14, s. 6.

87. The rights vested in an agreement holder by a forest management permit contemplated in section 86 are immovable real rights.

For the purposes of registration of the rights, and of any right affecting them, the issue of a forest management permit to the same agreement holder in respect of the same forest management unit during each of the years following the year of issue of the first forest management permit is a continuance of that first permit; the permit so issued each year is in such a case deemed to have existed from the date of issue of the first permit.

1986, c. 108, s. 87.

88. (Repealed).

1986, c. 108, s. 88; 1990, c. 17, s. 15.

89. (Repealed).

1986, c. 108, s. 89; 1988, c. 73, s. 37; 1990, c. 17, s. 15.

89.1. (Repealed).

1988, c. 73, s. 38; 1990, c. 17, s. 15.

90. (Repealed).

1986, c. 108, s. 90; 1990, c. 17, s. 15.

91. (Repealed).

1986, c. 108, s. 91; 1990, c. 17, s. 15.

92. Where, for a particular year, an agreement holder does not obtain a forest management permit from the Minister, the Minister may, to prevent any underutilization of the available timber, issue the permit, on the same conditions as those which apply to the agreement holder, to another holder of a wood processing plant operating permit.

1986, c. 108, s. 92; 1988, c. 73, s. 39.

92.0.1. Where, for a particular year, an agreement holder does not harvest the full volume of timber allocated under his agreement, he may do so during the subsequent years preceding the end of the five-year period referred to in section 77, except in respect of a year in which the Minister applies the reduction provided for in section 46.1, after having subtracted the volumes harvested in his forest management unit under section 92.1. Where the application of section 46.1 by the Minister prevents the agreement holder from harvesting that volume before the expiry of the five-year period, the agreement holder may harvest it in the first year after the end of that period in respect of which the Minister does not apply section 46.1.

Where the Minister applies a reduction under section 46.1 in respect of a year, an agreement holder may not in subsequent years harvest that part of the volume of timber allocated under his agreement which was not harvested owing to the application of the reduction.

In all cases, the volume harvested by the agreement holder shall not exceed the volume allocated for the year during which harvesting takes place, increased by 15 %, and such an increase shall be authorized only when the agreement holder has harvested the full volume allocated to him for the current year and only where the forest production of the common area during the period covered by the five-year forest management plan so permits.

1993, c. 55, s. 15; 1997, c. 33, s. 9; 2000, c. 4, s. 23.

92.0.2. Where an agreement holder, to carry out the silvicultural treatments or other forest management activities indicated in his forest management permit, must harvest timber of a species or group of species or timber destined for other uses that is not allocated to him by agreement, and where such timber cannot be used at the wood processing plant of an agreement holder whose agreement is carried out in the same common area, the Minister, on the conditions he determines, may authorize the agreement holder to harvest such timber and to send it to the holder of a wood processing plant operating permit.

1993, c. 55, s. 15; 1995, c. 37, s. 12.

§ 1.1 . — Holder of a wood processing plant operating permit who is a party to an agreement with an agreement holder

1988, c. 73, s. 40.

92.1. The Minister may, at any time, authorize the holder of a wood processing plant operating permit to harvest in place of an agreement holder in his forest management unit such volume of timber as is required to replace the chips, sawdust and shavings that the agreement holder fails to provide to the permit holder notwithstanding an agreement between them to that effect.

The authorization shall be granted by means of a forest management permit. Such a permit shall not be granted unless

(1)  the agreement referred to in the first paragraph has been entered into for a term of not less than one year;

(2)  the holder of a wood processing plant operating permit has notified the Minister, by written notice, of the existence of the agreement within 15 days of its signing;

(3)  the holder of the operating permit is unable to obtain timber from a source of supply comparable to the source which has failed him.

1988, c. 73, s. 40.

92.2. Every holder of a plant operating permit to whom the Minister issues a forest management permit pursuant to section 92.1 is subject to the same obligations as an agreement holder respecting the management of forest areas in which he exercises his right to timber supply.

1988, c. 73, s. 40.

§ 2 . — Holders of an operating permit for a wood processing plant for energy production or metallurgical purposes

93. Every holder of a wood processing plant operating permit authorizing him to process wood for energy production and metallurgical purposes may on application in writing obtain a forest management permit from the Minister.

1986, c. 108, s. 93.

94. The Minister shall issue the forest management permit if forest production is sufficient and so far as salvage of slash and cull promotes the growth of stands in a particular forest area.

1986, c. 108, s. 94; 1988, c. 73, s. 41.

95. The forest management permit authorizes the holder to harvest a volume of slash and cull to supply his wood processing plant under the terms of the permit.

1986, c. 108, s. 95; 1988, c. 73, s. 42.

DIVISION III GUARANTY OF AUXILIARY TIMBER SUPPLY

1988, c. 73, s. 43.

95.1. The Minister may, if forest production is sufficient, enter into an agreement guaranteeing an auxiliary timber supply, on the conditions and for the time fixed by the Government, with the holder of a wood processing plant operating permit who does not hold a timber supply and forest management agreement in respect of that plant.

An agreement for auxiliary timber supply shall not be entered into except to promote the establishment and expansion of a wood processing plant.

1988, c. 73, s. 43.

95.2. By an agreement guaranteeing auxiliary timber supply, the Minister, on the conditions and for the time fixed by the Government, makes an undertaking to provide, where necessary, an auxiliary timber supply where a timber supplier with whom the holder of a wood processing plant operating permit is bound by a long-term agreement has defaulted.

1988, c. 73, s. 43.

95.3. The Minister shall provide the auxiliary timber supply, pursuant to his obligation under an agreement, out of the timber harvested in public forest reserves or in accordance with section 24.1, in a forest management unit.

The Minister is required to fulfil the obligation mentioned above only when he is unable to suggest to the agreement holder another available source of supply comparable to the defaulting supplier.

1988, c. 73, s. 43.

95.4. Where, under an agreement guaranteeing auxiliary timber supply, a permit holder is entitled to obtain an auxiliary supply of timber harvested in public forest reserves, the Minister shall sell to him, in preference to any other purchaser, the volume of timber which is deficient, on the terms and conditions stipulated in the agreement.

1988, c. 73, s. 43.

CHAPTER IV MANAGEMENT OF PUBLIC FOREST RESERVES

DIVISION I GOVERNMENT MANAGEMENT

96. Forest areas for which no timber supply and forest management agreement is in force shall be erected into public forest reserves.

The Minister may carry on forest management activities in public forest reserves, within the limits of the allowable annual cut.

Every person carrying on forest management activities in a forest reserve shall comply with the standards of forest management prescribed under section 171.

1986, c. 108, s. 96.

96.1. Where substantial destruction has been caused to timber stands in a forest area by natural disasters, or where a forest area is required for a hydroelectric development and designated for that purpose by order of the Government, the Minister shall prepare and administer a special forest management plan, notwithstanding sections 25, 27 and 171, for such period and on such conditions as he may determine, to ensure wood salvage.

Every contractor under a forest management contract referred to in section 102 who carries out a contract in the forest area shall comply with the special plan. Upon his failure to comply, the volume of timber allocated in the contract shall be reduced by the volume he is required to salvage under the special plan.

For the implementation of a special plan, the Minister may grant financial assistance to any contractor or any person to whom he entrusts the carrying out of forest management activities who applies therefor in writing. Such assistance may be in the form of a credit on the dues payable under this Act by such contractor or person.

1993, c. 55, s. 16.

97. Subject to section 95.4, the Minister may, on the conditions he determines, sell standing timber and timber harvested in public forest reserves by public auction.

The Minister may, with the authorization of the Government,

(1)  determine classes of bidders;

(2)  limit the sale to the holders of wood processing plant operating permits of a particular region;

(3)  fix the minimum price of a sale.

This section does not apply to timber harvested under a forest management contract contemplated in section 102 or to standing timber in forest areas the management of which has been entrusted to a person by the Minister under such a contract, or to timber harvested in an experimental forest, a forest educative centre, a research forest or a forest station.

Where the Minister entrusts the carrying out of forest management activities in forest reserves to Rexfor, he may authorize the latter to sell, for its own account, any timber harvested by it in carrying out such activities. Except for the purposes of section 95.4, the sales shall be made by public auction and shall comply, as the case may be, with the provisions of the second paragraph.

1986, c. 108, s. 97; 1988, c. 73, s. 44; 1993, c. 55, s. 17; 1997, c. 33, s. 10.

98. (Repealed).

1986, c. 108, s. 98; 1988, c. 73, s. 45.

99. (Repealed).

1986, c. 108, s. 99; 1988, c. 73, s. 45.

100. (Repealed).

1986, c. 108, s. 100; 1988, c. 73, s. 45.

101. (Repealed).

1986, c. 108, s. 101; 1988, c. 73, s. 45.

DIVISION II FOREST MANAGEMENT CONTRACTS

1993, c. 55, s. 18.

102. The Minister may, on such conditions as he may determine, enter into a contract by which he entrusts a person with the management of forest areas to promote economic development.

1986, c. 108, s. 102; 1993, c. 55, s. 19.

103. The forest areas contemplated in section 102 shall be managed in accordance with a forest management plan approved by the Minister.

1986, c. 108, s. 103.

104. The contract shall stipulate, in particular,

(1)  in cases where the contractor is a municipality, the form, content and conditions of approval of the forest management plan, the form and content of the reports of activities to be provided and the use the contractor intends to make of the income generated by the carrying out of the activities provided for in the forest management plan;

(2)  in other cases, the form, content and conditions of approval of the forest management plan, the form and content of the reports of activities to be provided, the destination of the harvested timber and the conditions governing the marketing of the harvested timber.

1986, c. 108, s. 104; 1993, c. 55, s. 20; 1995, c. 20, s. 39; 1997, c. 93, s. 124.

105. The contractor shall comply with the standards of forest management prescribed under section 171.

1986, c. 108, s. 105.

105.1. The provisions of sections 25.1 to 25.3 apply, adapted as required, to contractors under a forest management contract.

1993, c. 55, s. 22.

106. The contractor shall pay the dues prescribed by the Minister for the harvest of timber; the dues shall correspond to the product obtained by multiplying the harvested volume by the unit rate established under section 72 unless the Government, by regulation, fixes another unit rate or determines a rule of computation in respect of such dues.

The contractor shall scale any harvested timber according to the standards prescribed by government regulation where the unit rate is established under section 72.

The dues payable by the contractor shall be paid in money, in silvicultural treatments or by the carrying out of other forest management activities in accordance with the first, second and third paragraphs of section 73.1 and with sections 73.2 and 73.3, adapted as required.

The provisions of this section do not apply in cases where the contractor is a municipality.

1986, c. 108, s. 106; 1988, c. 73, s. 46; 1993, c. 55, s. 23; 1995, c. 37, s. 13; 1997, c. 93, s. 125.

106.1. Where a management contract is signed by several contractors, the contractors shall come to an agreement as to terms for the orderly integration of forest management activities, as to timber transportation activities and as to the allocation of the costs of such activities.

The contractors shall also come to an agreement as to the proportion of the prescribed dues, if any, which each contractor will pay by way of silvicultural treatments or by the carrying out of other forest management activities.

Any dispute in respect of matters referred to in the first and second paragraphs shall be submitted to arbitration, on the application of an interested contractor, in accordance with the provisions of Book VII of the Code of Civil Procedure (chapter C-25). The decision of the arbitrator shall have the same effect as stipulations agreed upon between the contractors in respect of the subject of the dispute.

Contracting municipalities shall have all the powers necessary for the performance of a management contract. They may delegate the authority to execute the contract to one of their number. The municipality to which the authority is delegated shall have the power to carry out work in the territory of the other contracting municipalities.

1995, c. 20, s. 40; 1995, c. 37, s. 14.

CHAPTER V FOREST MANAGEMENT FOR EXPERIMENTAL, EDUCATIONAL AND RESEARCH PURPOSES

DIVISION I EXPERIMENTAL FORESTS

107. To promote the progress of forestry, the Minister may erect experimental forests not more than 500 hectares in area.

1986, c. 108, s. 107.

108. No forest management activities are allowed in an experimental forest except activities related to research and experimentation.

The Minister, on the conditions he determines, may authorize a person to carry out forest management activities related to research and experimentation in an experimental forest, notwithstanding sections 25, 27 and 171.

1986, c. 108, s. 108; 1988, c. 73, s. 47.

109. Before erecting an experimental forest in a forest area included in a forest management unit, the Minister shall obtain the consent of the timber supply and forest management agreement holder.

1986, c. 108, s. 109.

DIVISION II FOREST EDUCATIVE CENTRES

110. The Minister may erect forest educative centres in public forest reserves to promote public information on forest conservation.

1986, c. 108, s. 110.

111. The Minister shall carry on forest management in the territory of a forest educative centre and carry out information programs in such a way as to enable the public to discover and appreciate the forest environment and its rational and diversified uses.

1986, c. 108, s. 111.

DIVISION III RESEARCH FORESTS

112. The Minister may erect research forests in public forest reserves to promote practical teaching and applied research in forestry.

1986, c. 108, s. 112.

113. The Minister, on the conditions he determines, may entrust the management of a research forest to a non-profit organization devoted to teaching or research.

1986, c. 108, s. 113; 1988, c. 73, s. 48.

114. All forest management activities carried on in a research forest shall be for educational and research purposes, under the conditions of the management contract.

Where the research activities relate to the standards of forest management prescribed by the Government under section 171, the contract may provide for a departure from the standards.

1986, c. 108, s. 114; 1988, c. 73, s. 49.

115. Where forest management activities include the harvesting of timber that may be used by a wood processing plant, the destination of the timber must be approved by the Minister.

1986, c. 108, s. 115; 1988, c. 73, s. 50.

DIVISION IV FOREST STATIONS

116. The Minister, with the authorization of the Government, may erect forest stations in public forest reserves in order to combine several of the activities contemplated in Divisions I, II and III of this chapter on the same territory.

1986, c. 108, s. 116.

117. Forest stations shall be under the management of the Minister.

1986, c. 108, s. 117.

TITLE II DEVELOPMENT OF PRIVATE WOODLOTS

117.1. This Title applies to private forests and to forests situated on lands held and owned by a native landholding corporation and whose intended use is forest production.

1988, c. 73, s. 51.

CHAPTER I PLANS AND PROGRAMS

118. The Minister may prepare or promote the preparation of programs to facilitate the gathering of inventory data, the calculation of the allowable annual cut and the development of forests. To that end, the Minister may, on the conditions he determines, grant financial assistance to any person or organization, including a regional agency for private forest development.

1986, c. 108, s. 118; 1988, c. 73, s. 52; 1996, c. 14, s. 8.

118.1. Every person or organization that obtains financial assistance without entitlement, fails to comply with the conditions applicable 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 balance remaining on amounts to be returned under the first paragraph bears interest, at the rate fixed under section 28 of the Act respecting the Ministère du Revenu (chapter M-31), from the thirtieth day following the date of the Minister’s claim. The interest is capitalized monthly.

1996, c. 14, s. 9.

119. (Repealed).

1986, c. 108, s. 119; 1988, c. 73, s. 52; 1993, c. 55, s. 24.

CHAPTER II FOREST PRODUCER

120. A certified forest producer is a person or an organization that satisfies the following requirements:

(1)  ownership of a forest area of not less than four hectares in a single block, for which a forest management plan has been certified by a forest engineer as being consistent with the by-laws of the competent regional agency for private forest development;

(2)  registration with the Minister, or with any person or organization designated for such purpose by the Minister, of a forest area that meets the requirements set out in subparagraph 1 and of any change thereto which modifies its forested area or causes any change thereto.

The Minister or the person or organization having effected the registration shall issue to a certified forest producer, upon payment of the dues prescribed by regulation, a certificate attesting his status as regards the forest area in question. No certificate may be valid for more than five years.

1986, c. 108, s. 120; 1996, c. 14, s. 10.

121. (Replaced).

1986, c. 108, s. 121; 1988, c. 73, s. 53; 1990, c. 17, s. 16; 1996, c. 14, s. 10.

122. Every forest producer certified under section 120 may receive a reimbursement under section 220.3 of the Act respecting municipal taxation (chapter F-2.1) in respect of an assessment unit described in section 34 of the said Act, of which the area intended for forest use has been registered under section 120, provided that the forest producer does not already receive a reimbursement of property taxes in respect of that area.

1986, c. 108, s. 122; 1996, c. 14, s. 11; 1999, c. 40, s. 140.

123. To obtain a reimbursement of property taxes under the Act respecting municipal taxation (chapter F-2.1), a person shall

(1)  meet the requirements set out in section 120;

(2)  apply therefor in accordance with section 220.3 of the Act respecting municipal taxation;

(3)  be in possession of a report the form and content of which are determined by government regulation, prepared by a forest engineer and containing a statement of the eligible development work expenses, within the meaning of the regulations of the Government, that are applicable to the last calendar year where the producer is a natural person or, in other cases, that are applicable to the last fiscal year of the producer and represent an amount equal to or greater than the amount of property taxes that may be the subject of an application for reimbursement under section 220.3 of the Act respecting municipal taxation. Such expenses shall not include any expenses financed under section 73.1.

1986, c. 108, s. 123; 1988, c. 73, s. 54; 1995, c. 37, s. 15; 1996, c. 14, s. 12; 1999, c. 40, s. 140.

123.1. (Repealed).

1990, c. 17, s. 17; 1996, c. 14, s. 13.

124. (Repealed).

1986, c. 108, s. 124; 1988, c. 73, s. 54; 1993, c. 55, s. 25; 1996, c. 14, s. 13.

124.1. (Repealed).

1993, c. 55, s. 26; 1996, c. 14, s. 13.

CHAPTER III REGIONAL AGENCIES FOR PRIVATE FOREST DEVELOPMENT

1996, c. 14, s. 14.

DIVISION I ESTABLISHMENT AND ORGANIZATION

1996, c. 14, s. 14.

124.1.1. For the purposes of this division, the Minister may certify organizations composed of forest producers that provide forest producers with private forest development services or forest product marketing services.

1996, c. 14, s. 14.

124.2. One or more municipalities may associate with organizations certified pursuant to section 124.1.1 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, initiative for the founding of an association shall be taken by the regional county municipality; however, any local municipality whose territory is comprised in that of a regional county municipality that is participating in such an association may join the association.

For the purposes of this division, an urban community shall be regarded as a regional county municipality.

1996, c. 14, s. 14.

124.3. The application of the association 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 and an indication of their capacity;

(4)  the designation of the persons who will act as representatives of the municipalities, the organizations certified pursuant to section 124.1.1 and the holders of a wood processing plant operating permit on the agency’s first board of directors;

(5)  the designation of the person who will act as chairman of the agency’s board of directors.

The application shall be accompanied with the internal by-laws that will govern the new agency.

1996, c. 14, s. 14.

124.4. The Minister may, after ascertaining that the internal by-laws are consistent with section 124.10, grant the application and establish the agency.

The Minister shall give notice of the establishment in the Gazette officielle du Québec.

The members of the founding association become, without further formality and without ratification, members of the agency. The same applies to the members of the board of directors, including the chairman, and to the internal by-laws proposed for the agency in the application.

1996, c. 14, s. 14.

124.5. The agency is a non-profit legal person; its operation is governed by articles 335 to 354 of the Civil Code, subject to any inconsistent provisions of this chapter or of the internal by-laws of the agency.

1996, c. 14, s. 14.

124.6. An agency shall have 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 shall be published in the Gazette officielle du Québec.

1996, c. 14, s. 14.

124.7. Subject to such admission requirements as may be prescribed by the internal by-laws of the agency, the municipalities whose territory is comprised in that of the agency as well as organizations certified pursuant to section 124.1.1 and holders of a wood processing plant operating permit may become members of the agency.

The right to vote at meetings of the members is limited to the representatives of the categories of members mentioned above; each category shall have the same number of votes.

1996, c. 14, s. 14.

124.8. An agency may, in its internal 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.

1996, c. 14, s. 14.

124.9. The board of directors of an agency is composed of representatives of each category of members mentioned in section 124.7 and of persons appointed by the Minister for the time he fixes; each of such four groups shall have the same number of votes on the board.

1996, c. 14, s. 14.

124.10. The internal by-laws of an agency shall

(1)  prescribe, subject to the requirements of section 124.7, the mode of designation of the representatives of each category of members at the meeting of the members, the conditions to be met by each representative, the number of representatives authorized and their term of office, and the number of votes that may be cast by each representative;

(2)  prescribe, subject to the requirements of section 124.9, the mode of designation of the members of the board of directors except those appointed by the Minister, the conditions to be met by each board member, the number of board members and their term of office, and the number of votes that may be cast by each board member;

(3)  determine the standards of ethics and professional conduct applicable to the members of the board of directors; such standards must provide mechanisms for their implementation, including any applicable penalties;

(4)  determine the minimum amount of liability insurance which an agency must take out to cover any liability incurred by its officers and other representatives as a result of faults or negligence committed in the exercise of their functions;

(5)  establish a decision-making process for the board of directors and a mechanism for the resolution of conflicts among board members, without, however, setting aside article 341 of the Civil Code;

(6)  ensure that every person or organization that satisfies the admission requirements is permitted to join the agency.

Any amendment to the internal by-laws of an agency requires approval by the Minister after ratification by the general meeting.

1996, c. 14, s. 14.

124.11. An agency shall call a general meeting of its members at least once a year.

The general meeting shall adopt the annual report of the agency, approve the financial statements for the preceding fiscal year and, where necessary, elect directors. In addition, the general meeting shall appoint an auditor for the current fiscal year and examine any other question on the agenda.

1996, c. 14, s. 14.

124.12. The Minister may change the name of an agency that applies therefor.

The Minister shall give notice of such change in the Gazette officielle du Québec.

1996, c. 14, s. 14.

124.13. The Minister may, on an application by an agency and a municipality, extend the boundaries of the territory of the agency in order to include therein the territory of the municipality.

The Minister shall give notice thereof in the Gazette officielle du Québec.

In the territory of a regional county municipality, initiative for the filing of the application shall be taken by the regional county municipality.

1996, c. 14, s. 14.

124.14. The Minister may, on an application by interested agencies whose territories are adjacent, 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 act as representatives of the municipalities, the organizations certified pursuant to section 124.1.1 and the holders of a wood processing plant operating permit on the new agency’s first board of directors;

(3)  the designation of the person who will act as chairman of the board of directors of the new agency.

The application shall be accompanied with the internal by-laws that will govern the new agency.

The Minister shall give 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 the members, rights and obligations of the new agency.

1996, c. 14, s. 14.

124.15. The Minister may, following an application by an agency, divide the territory of the agency and form new agencies; the application must include

(1)  the names of the new agencies;

(2)  the designation of the persons who will act as representatives of the municipalities, the organizations certified pursuant to section 124.1.1 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 act as chairmen of the boards of directors of the new agencies;

(4)  a plan for the allocation of the rights and obligations of the agency whose territory is divided.

The application shall be accompanied with the internal by-laws that will govern the new agencies.

The Minister shall give notice of the formation of the new agencies in the Gazette officielle du Québec.

The agency whose territory has been divided ceases to exist and its rights and obligations become the rights and obligations of the new agencies in accordance with the allocation plan.

1996, c. 14, s. 14.

124.16. The members and the chairman of the board of directors of a new agency resulting from an amalgamation or division of territory who are proposed in the application that gave rise to the new agency become, without further formality and without ratification, the members and chairman of the board of directors of the new agency. The same applies to the internal by-laws proposed for 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.

1996, c. 14, s. 14.

DIVISION II OBJECTS

1996, c. 14, s. 14.

124.17. The objects of an agency are to guide and promote the development of the private forests in its territory in order to foster sustainability, in particular through

(1)  the preparation of a protection and development plan;

(2)  the provision of financial and technical support for protection or development.

To that end, the agency shall encourage concerted action between the persons and organizations concerned by such activities.

1996, c. 14, s. 14.

124.18. The protection and development plan shall include a survey of forest capability in the territory of the agency and indicate production objectives and recommended management methods, in particular, management methods capable of ensuring a sustainable supply of timber.

The plan shall come into force in the territory of every regional county municipality if it is consistent with the objectives of the development plan, within the meaning of the Act respecting land use planning and development (chapter A-19.1).

For the purposes of this section and sections 124.19 to 124.23, an urban community, Ville de Laval and Ville de Mirabel shall be regarded as a regional county municipality.

1996, c. 14, s. 14.

124.19. The agency shall send a copy of its protection and development plan to every regional county municipality whose territory is comprised in that of the agency.

1996, c. 14, s. 14.

124.20. Within 90 days after receiving the agency’s plan, the council of the regional county municipality concerned shall give its opinion on whether or not such plan is consistent with the objectives of the development plan.

The secretary-treasurer shall serve on the agency, within the time limit 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 limit provided for in the first paragraph, the agency’s plan is deemed to be consistent with the objectives of the 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 the effect that the agency’s plan is consistent with the development plan of the regional county municipality.

1996, c. 14, s. 14.

124.21. An opinion to the effect that the agency’s plan is not consistent with the objectives of a development plan must include reasons and may contain the suggestions of the regional county municipality as to how consistency may be ensured.

The agency shall, within 90 days after receiving the opinion, amend its protection and development plan to ensure that it is consistent with the objectives of the development plan.

1996, c. 14, s. 14.

124.22. The agency shall, within 90 days after the coming into force of an original or revised development plan that is applicable in its territory, revise its protection and development plan so as to ensure that it is consistent with the objectives of the development plan.

1996, c. 14, s. 14.

124.23. In the case of an amendment to a development plan that is applicable in the territory of a regional county municipality, the agency shall, within 90 days after receiving the application of the regional county municipality, amend its protection and development plan to ensure that it is consistent with the objectives of the amended development plan. The application may contain suggestions as to how consistency may be ensured.

1996, c. 14, s. 14.

124.24. The agency shall determine, by by-law, the form and content of the forest management plan referred to in section 120. A plan applicable to a forest area of 800 hectares or more in a single block must provide, in particular, a method for calculating the annual allowable cut.

1996, c. 14, s. 14.

124.25. An agency may, within the scope 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 management plans and the carrying out of forest development work;

(2)  the carrying out of training and information activities for forest producers.

However, financial participation in the carrying out of forest development work shall be limited to forest areas registered in accordance with section 120.

The agency may also give prizes or awards for excellence in the protection and development of private forests.

1996, c. 14, s. 14.

124.26. Every financial participation program proposed by an agency shall include the eligibility requirements, the nature of the participation as well as the scales and limits and the terms and conditions governing the allotment procedures.

1996, c. 14, s. 14.

124.27. An agency may, in addition,

(1)  receive gifts, legacies, grants or other contributions, provided the conditions that may be attached thereto are not incompatible with the exercise of its powers and duties;

(2)  establish and administer any fund required for the exercise of its powers and duties;

(3)  inspect the work carried out under a financial participation program.

1996, c. 14, s. 14.

124.28. An agency may, by way of an agreement and subject to the conditions set out therein, entrust the exercise of certain of its powers and duties to any person or organization.

1996, c. 14, s. 14.

DIVISION III FINANCIAL PROVISIONS AND REPORTS

1996, c. 14, s. 14.

124.29. Every holder of a wood processing plant operating permit who acquires a volume of timber originating from the territory of an agency shall pay a contribution to the agency. The contribution shall be established each year by the agency on the basis of a rate per cubic metre of timber, fixed by regulation of the Government, that is applicable to the volume of timber from private forests purchased by a permit holder in a year.

1996, c. 14, s. 14.

124.30. Each holder of a wood processing plant operating permit must state, on the form and subject to the conditions determined by by-law of the agency, the volume of timber from private forests that he purchased in the period preceding his report. He shall file his report according to the schedule fixed by regulation of the Government and pay his contribution in accordance with such schedule and on the basis of the volume declared.

1996, c. 14, s. 14.

124.31. The Minister may suspend or revoke a wood processing plant operating permit if the holder fails to file with the agency the report referred to in section 124.30, gives false or misleading information in his statement or fails to pay his contribution in accordance with the said section.

1996, c. 14, s. 14.

124.32. Every agency must obtain the authorization of the Minister before

(1)  granting a loan or a guarantee for total or partial repayment of a financial commitment;

(2)  making an investment in exchange for a share of the profits, royalties or any other form of compensation;

(3)  acquiring assets of an enterprise;

(4)  making any other financial commitment that the Minister may determine by regulation.

The Minister may subordinate his authorization to the conditions he determines.

1996, c. 14, s. 14.

124.33. The fiscal year of the agency ends on 31 March.

1996, c. 14, s. 14.

124.34. An agency shall not, in any fiscal year, make payments or assume obligations in excess of the sums at its disposal for that fiscal year.

Nothing in this section shall prevent an agency from making a commitment for a term that exceeds one fiscal year.

1996, c. 14, s. 14.

124.35. The Minister may require an agency to file progress reports on its financial situation on the dates and in the form he determines.

The Minister may also require from the agency any information concerning the application of this chapter.

1996, c. 14, s. 14.

124.36. Each agency shall send to the Minister, at the time he determines, its financial statements and its annual report for the preceding fiscal year.

Such documents must contain all the information required by the Minister and be accompanied with the auditor’s report.

1996, c. 14, s. 14.

CHAPTER IV FOREST MANAGEMENT FUNDING PROGRAM

1996, c. 14, s. 14.

124.37. The Government shall establish, by regulation, a forest management funding program to encourage the establishment, maintenance or development of forest production units of 80 hectares or more and the establishment or development of forest service enterprises.

1996, c. 14, s. 14.

124.38. Financial assistance under the forest management funding program shall be granted by the Société de financement agricole. The program may include

(1)  loans;

(2)  security for total or partial repayment of financial commitments, furnished by the Fonds d’assurance-prêts agricoles et forestiers set up under the Act respecting farm-loan insurance and forestry-loan insurance (chapter A-29.1).

1996, c. 14, s. 14.

124.39. The provisions of the Act respecting the Société de financement agricole (chapter S-11.0101), except subparagraphs 1 to 4 of the first paragraph of section 34, adapted as required, apply in respect of the forest management funding program.

1996, c. 14, s. 14.

124.40. The Société de financement agricole shall, not later than 30 June each year, send to the Minister of Natural Resources a report on the administration of the program for the preceding fiscal year.

The Minister shall table the report in the National Assembly within 30 days of receiving it or, if the Assembly is not sitting, within 30 days of resumption.

The Société shall, in addition, provide the Minister with any information he requires on its activities under this Act.

1996, c. 14, s. 14.

TITLE III FOREST PROTECTION

CHAPTER I FIRE

125. The Minister may certify an organization composed of the holders of timber supply and forest management agreements and of owners of private woodlots as an organization for the protection of the forest against fire for a forest area defined as he determines.

The organization shall be responsible for the protection of forests against fire and the extinction of forest fires.

1986, c. 108, s. 125; 1990, c. 17, s. 18.

126. In order to be certified by the Minister, the organization must transmit to him, for his approval, its by-laws on the assessment of its members and the financing of its operations and an organization plan for the prevention and extinction of fires.

The plan must contain information, in particular, on the number of members in the organization, the equipment at its disposal and the means it intends to use to prevent and extinguish fires. The plan must be kept up to date until the Minister requires a new plan.

If the organization fails to comply with this section, the Minister may establish the method of protection of the forest he considers appropriate at the expense of the organization or of each of its members.

1986, c. 108, s. 126.

127. Every timber supply and forest management agreement holder shall be a member of the forest protection organization certified by the Minister for the territory that includes his forest management unit.

The same rule applies to every owner of a private woodlot of at least 800 hectares in a single block.

The Minister becomes ex officio a member of every forest protection organization he certifies.

1986, c. 108, s. 127.

127.1. The Minister may refuse to issue a forest management permit if the holder of a timber supply and forest management agreement fails to join the forest protection organization or if he fails to pay the assessment fixed by the organization.

1988, c. 73, s. 55.

127.2. The Minister, or the person or organization designated pursuant to section 120, may refuse to issue a forest producer’s certificate to the owner of a private forest of 800 hectares or more in a single block, if such owner is not a member of the forest protection organization or does not pay the assessment fixed by the organization. The Minister may, for the same reasons, revoke such a certificate.

1988, c. 73, s. 55; 1996, c. 14, s. 15.

128. The forest protection organization shall assume the expenses of prevention and extinction of forest fires in the area approved by the Minister.

The expenses incurred by the forest protection organization to extinguish fires shall be refunded to it by the Minister, in whole or in part, at the rate determined by regulation of the Government and upon the production of vouchers.

The expenses referred to in the second paragraph shall be paid out of the consolidated revenue fund.

1986, c. 108, s. 128; 1988, c. 73, s. 56.

129. Where a fire starts in a forest not owned by a member of the forest protection organization having jurisdiction in that area, any agent of the organization is authorized to enter that forest and to take all necessary measures to extinguish the fire.

The forest protection organization may claim the expenses it incurred in fighting the fire from the owner of the forest.

1986, c. 108, s. 129.

130. An agent of a forest protection organization may requisition any necessary apparatus, regardless of who owns it, to fight a forest fire.

The organization shall give the owner of the requisitioned apparatus compensation fixed by the Minister on the basis of current rental costs for apparatus of the same type.

1986, c. 108, s. 130.

131. The Minister shall fix the amount of the indemnities payable to persons recruited by a forest protection organization to fight a fire.

1986, c. 108, s. 131.

132. The Minister may authorize any person designated for that purpose by a forest protection organization to act as a fire-ranger.

1986, c. 108, s. 132.

133. In territories situated north of the 50th parallel and subject to section 59 of the Act respecting the land regime in the James Bay and New Québec territories (chapter R-13.1), the Minister or a forest protection organization may make special agreements for the provision of forest protection in such territories.

1986, c. 108, s. 133.

134. The Minister, when of opinion that weather conditions so require, may prohibit or restrict access to and travel in the forest and prescribe any other measures calculated to decrease the risk of fire.

1986, c. 108, s. 134.

135. No person may start a fire in or near the forest from 1 April to 15 November unless he holds a permit issued by a fire-ranger for that purpose.

The fire-ranger shall determine, when issuing a permit, the precautions to be taken in the specific circumstances of each permit application.

He shall issue the permit on the conditions determined by regulation of the Government.

1986, c. 108, s. 135.

136. Notwithstanding section 135, a person may, without a permit, start a camp fire or a fire in or near the forest to clear residential or vacation resort land. The person shall, however,

(1)  clear the place where he intends to start the fire by removing all humus, dead wood, branches, scrub and dry leaves from the surface within a radius large enough to prevent the fire from spreading;

(2)  completely extinguish the fire before leaving the premises.

1986, c. 108, s. 136.

137. Every person who starts a fire in or near the forest shall remain at the site until the fire is completely extinguished.

1986, c. 108, s. 137.

138. No person may smoke in or near the forest from 1 April to 15 November while working or travelling, except in a building or a closed vehicle.

1986, c. 108, s. 138.

139. Every person who operates an industrial or household waste disposal site in or near the forest shall clear the place and comply with all other requirements prescribed by regulation of the Government.

In addition, a fire-ranger may order the owner or operator of such a waste disposal site to immediately extinguish any fire he deems dangerous for the forest.

Where the owner or operator of a waste disposal site fails to comply with the order given by the fire-ranger, the forest protection organization responsible for the protection of the territory in which the waste disposal site is located may take the necessary measures to extinguish the fire at the expense of the owner or operator.

1986, c. 108, s. 139.

140. The owner or operator of a waste disposal site in or near the forest shall erect signs along the road leading to the site reminding the public that setting fire to waste is prohibited and inviting them to use caution.

1986, c. 108, s. 140.

141. Every person who has possession of or uses a motorized or mechanized machine, or a building or any other installation in or near the forest shall comply with the safety standards prescribed by regulation of the Government for the prevention of forest fires.

1986, c. 108, s. 141.

142. Every railway operator shall, when operating in the forest, observe the standards for the prevention and extinction of forest fires applicable to the operation of a railway in the forest.

The applicable rules are those prescribed from time to time by the Canadian Transport Commission in that regard, except so far as they are prescribed by regulation of the Government.

1986, c. 108, s. 142.

143. Every person who carries on work or causes work to be carried on in the forest, other than forest management activities carried on under a plan approved by the Minister under this Act, shall inform the forest protection organization responsible for the territory concerned of his intention and obtain a forest protection plan.

The plan must be submitted to the Minister, for his approval, in the form and tenor determined by regulation of the Government.

Once approved by the Minister, the plan is binding and the costs of the surveillance operations required by the plan shall be assumed by the person carrying on the work in the forest.

1986, c. 108, s. 143.

144. Every forest management permit holder who uses fire as a silvicultural treatment shall comply with any instructions in that regard given by the forest protection organization and which have the prior approval of the Minister.

1986, c. 108, s. 144.

145. The expenses of extinguishing a fire that broke out during an operation contemplated in section 142 or work contemplated in section 143 shall be entirely assumed by the person who was carrying it on unless he proves that the fire was not due to his fault or that of his employees.

1986, c. 108, s. 145.

CHAPTER II DISEASES AND INSECT INFESTATIONS

DIVISION I PROTECTION PLANS

1990, c. 17, s. 19.

146. The Minister may certify an organization composed of the holders of timber supply and forest management agreements and of owners of private woodlots as an organization for the protection of the forest against destructive insects and cryptogamic diseases for a forest area defined as he determines.

The organization shall be responsible for the preparation and implementation of plans for the protection of the forest against such insects and diseases.

1986, c. 108, s. 146; 1990, c. 17, s. 19.

147. In order to be certified by the Minister, the organization must transmit to him, for his approval, its by-laws on the assessment of its members and the financing of its operations and an organization plan for the preparation and implementation of the plans for the protection of the forest against destructive insects and cryptogamic diseases.

The organization plan must contain information, in particular, on the number of members in the organization, the equipment at its disposal and the means it intends to use to implement the protection plans. The organization plan must be kept up to date until the Minister requires a new plan.

If the organization fails to comply with this section, the Minister shall establish the method of protection of the forest he considers appropriate at the expense of the organization or of each of its members.

1986, c. 108, s. 147; 1990, c. 17, s. 19.

147.1. Every timber supply and forest management agreement holder shall be a member of the forest protection organization certified by the Minister for the territory that includes his forest management unit.

The Minister becomes ex officio a member of every forest protection organization he certifies.

1990, c. 17, s. 19.

147.2. The Minister may refuse to issue a forest management permit if the agreement holder fails to join the forest protection organization or if he fails to pay the assessment fixed by the organization.

1990, c. 17, s. 19.

147.3. Where an infestation of destructive insects or a cryptogamic disease occurs or is about to occur in a forest in the domain of the State, the Minister shall request the forest protection organization to prepare a protection plan for the territory defined.

The protection plan shall be prepared in consultation with the timber supply and forest management agreement holders and with the private woodlot owners who have joined the protection organization.

The protection plan shall be approved by the Minister and implemented by the forest protection organization.

1990, c. 17, s. 19; 1999, c. 40, s. 140.

147.4. In the territory approved by the Minister, the protection organization shall assume the expenses incurred to implement the plans for the protection of the forest against destructive insects and cryptogamic diseases.

The expenses shall be reimbursed in whole or in part by the Minister, upon the production of vouchers, at the rate determined by regulation of the Government.

1990, c. 17, s. 19.

147.5. Where the Minister is of the opinion that an infestation of destructive insects or a cryptogamic disease affecting a private woodlot threatens to spread to a neighbouring forest in the domain of the State and could result in major economic losses, he shall require a protection plan from the forest protection organization for the territory concerned and shall see that it is implemented.

The Minister may claim reimbursement of the cost of the measures from the owner of a private woodlot where he caused the protection plan to be implemented.

1990, c. 17, s. 19; 1999, c. 40, s. 140.

147.6. The sums required for the payment of expenses related to the implementation of protection plans under section 147.4 and, as the case may be, under section 147.5 shall be paid out of the appropriations granted annually by Parliament.

However, sums required for the payment of expenses resulting from unforeseen and urgent measures shall be paid out of the Consolidated Revenue Fund to the extent determined by the Government, if the balance of appropriations is insufficient.

1990, c. 17, s. 19.

DIVISION II PHYTOSANITARY TESTS

148. The production, sale and transport of plants for non-ornamental purposes are subject to phytosanitary tests.

1986, c. 108, s. 148.

149. The Minister shall designate persons to act as inspectors for the administration of phytosanitary tests.

1986, c. 108, s. 149.

150. If the inspector is of opinion that a lot of plants he is examining does not present a risk of epidemic, he shall issue a certificate to that effect.

If he is of opinion that the plants are infected by a disease or insects that may cause an epidemic, he may prohibit the sale or use of the plants. He may also order them destroyed.

1986, c. 108, s. 150.

151. No person may carry a plant intended for non-ornamental purposes onto a use site without a certificate of phytosanitary testing.

1986, c. 108, s. 151.

152. No person may keep in his possession, offer for sale or use a plant infected with a disease or insects that may cause an epidemic or infestation.

On learning that he has such a plant in his possession, the person shall immediately inform an inspector.

1986, c. 108, s. 152.

153. An inspector may, in the performance of his duties, enter at any reasonable time a place containing plants for non-ornamental purposes or order any vehicle carrying such plants to be stopped for inspection or analysis of the plants.

Where the inspector finds that the plants are infected with a disease or with insects that may cause an epidemic or infestation, he may seize them, order them treated or order them destroyed.

1986, c. 108, s. 153.

154. The inspector shall, on request, produce an identity card attesting his capacity.

1986, c. 108, s. 154.

155. Every plant producer shall, each year, submit a detailed inventory of his plants for non-ornamental purposes to the Minister, in the form, at the time and with the content determined by regulation of the Government. He shall also indicate the expected dates on which the plants will be removed and shipped.

1986, c. 108, s. 155; 1988, c. 73, s. 57.

156. No person may hinder an inspector in any manner in the performance of his duties.

The owner or the person in charge of an immovable or vehicle being inspected and any person therein must assist an inspector in the performance of his duties.

1986, c. 108, s. 156.

157. An inspector cannot be prosecuted for acts done in good faith in the performance of his duties.

1986, c. 108, s. 157.

158. Where a treatment is necessary to prevent an epidemic or infestation, the expenses incurred to apply it shall be charged in full to the producer of the plants.

1986, c. 108, s. 158.

TITLE IV UTILIZATION AND PROCESSING OF TIMBER

159. All timber harvested in the domain of the State, whatever the nature or object of the management permit authorizing the harvesting, must be completely processed in Québec.

1986, c. 108, s. 159.

160. Timber is completely processed when it has undergone all the treatments and processes of manufacture and has passed through all the phases of processing necessary to render it suitable for its intended final use.

1986, c. 108, s. 160.

161. The Government may, on the conditions it determines, authorize the shipment outside Québec of incompletely processed timber from the domain of the State if it appears to be contrary to the public interest to do otherwise.

1986, c. 108, s. 161.

162. No person may construct a wood processing plant of a class prescribed by regulation of the Government, increase the timber consumption capacity of such a plant or change its class or location without prior authorization from the Minister.

A wood processing plant is a unit of installations used to process unprocessed or partly processed timber.

1986, c. 108, s. 162.

163. The Minister shall grant the authorization referred to in section 162 if he considers that timber supply sources are sufficient and forest production is respected.

The authorization shall be valid for a maximum period of one year.

1986, c. 108, s. 163; 1988, c. 73, s. 58.

164. No person may operate a wood processing plant unless he holds a permit issued by the Minister for that purpose.

1986, c. 108, s. 164.

165. A wood processing plant operating permit shall be issued upon payment of the duties and on the conditions determined by regulation of the Government.

The permit shall indicate the class of plant and the class of annual timber consumption authorized for the various species or groups of species, as established by regulation. It shall be posted in a conspicuous place in the plant.

A permit is valid for one year. It may be renewed on the conditions and upon payment of the fees prescribed by regulation of the Government.

1986, c. 108, s. 165; 1993, c. 55, s. 27.

166. A permit holder shall give the Minister a written notice of any act or transaction of such a nature as to effect a change in the control of a wood processing plant or, where such is the case, of the legal person which operates it.

The notice must be given not later than 60 days after the date of the act or transaction concerned.

1986, c. 108, s. 166.

167. A permit holder who uses unprocessed timber as raw material and any person engaged in such business may be required by the Minister to declare to him under oath the source of the timber in his possession and to give any necessary information to prove the dues on the timber have been paid.

If the required information is refused, the Minister may cause the timber to be seized and disposed of according to law.

1986, c. 108, s. 167.

168. Every holder of a wood processing plant operating permit shall keep a register in the form, at the time and with the content determined by regulation of the Government.

The permit holder shall, each year, transmit to the Minister a certified copy of the part of the register covering the period corresponding to the calendar year in cases where the permit holder is a natural person, and to the last complete fiscal year in all other cases.

1986, c. 108, s. 168; 1988, c. 73, s. 59; 1993, c. 55, s. 28.

169. The Minister may require a permit holder to furnish any information which the Minister considers expedient for the administration of this Act. The operator shall transmit the required information with the copy of the register he must transmit under section 168.

1986, c. 108, s. 169.

169.1. The Minister may, for the carrying out of this Act, authorize a person to verify the data of the register kept in accordance with section 168 and any information required under section 169. The person authorized by the Minister may, to that end,

(1)  have access, at any reasonable time, to any place where the authorized person has reasonable cause to believe information necessary to his verification is kept;

(2)  examine and make copies of books, registers, plans, accounts, records and other documents relating to the activities governed by this Act and require any information or document related to those activities;

(3)  require the permit holder or any other person on the premises to give him reasonable assistance in carrying out his verification.

1997, c. 33, s. 11.

169.2. On request, the person authorized by the Minister must identify himself and show a certificate, signed by the Minister, attesting his capacity.

1997, c. 33, s. 11.

170. The Minister shall cancel an authorization contemplated in section 162 or a wood processing plant operating permit where the holder fails to comply with this Title. For such purpose, the Minister shall first notify the holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow him at least 30 days to present observations.

1986, c. 108, s. 170; 1997, c. 43, s. 296.

170.1. The Minister may enter into an agreement with any person who plans to construct a wood processing plant or anticipates an increase in the timber consumption capacity of a wood processing plant, whereby he undertakes to reserve for that person, for a period of six months, a volume of standing timber in forests forming part of the domain of the State.

The Minister may enter into such an agreement where he is of opinion that the timber supply sources are sufficient and forest production is respected. The volume of timber reserved under the agreement shall be determined by taking into account, in particular, the criteria set out in section 43.

The agreement shall entail, for that person, the obligation to pay the dues prescribed by the Minister. The dues shall correspond to 20 % of the product obtained by multiplying the volume of standing timber reserved by the unit rate established under section 72. Where the plan is carried out, the dues shall be deductible from the amount of the dues prescribed under sections 5, 71 and 234, and according to the time limits fixed therein, from the date of issue of the plant permit, in the case of the construction of a plant, or when the expansion work is completed.

The agreement may be renewed on the same terms and conditions until a plant permit is issued or until the expiry of the fifth six-month period, whichever occurs first.

1988, c. 73, s. 60; 1990, c. 17, s. 20; 1997, c. 33, s. 12; 1999, c. 40, s. 140.

TITLE IV.1 FORESTRY FUND

1996, c. 14, s. 17.

170.2. A fund to be known as the forestry fund is hereby established for the purpose of financing activities related to seedling production, forest inventory data and forest research.

The fund may, in addition, to the extent and subject to the conditions determined by the Government and except as concerns the sums referred to in paragraph 1 of section 170.4 and any related interest or surplus, provide for the financing of forest management activities designed to maintain and improve the protection or development of forest resources.

1996, c. 14, s. 17.

170.3. The Government shall determine the date on which the fund begins to operate, its assets and liabilities and the nature of the expenses chargeable to it.

1996, c. 14, s. 17.

170.4. The fund shall be made up of the following sums:

(1)  the sums paid into the fund by the Minister pursuant to section 73.5;

(1.1)  the sums collected after 31 March 1997 in respect of the sale of the property and services financed by the fund;

(2)  the sums paid into the fund pursuant to section 170.5.1;

(2.1)  the sums paid into the fund by the Minister of Finance pursuant to section 170.5.2 and to the first paragraph of section 170.6;

(3)  the sums paid into the fund by the Minister out of the appropriations granted for that purpose by the Parliament;

(4)  interest on bank balances in proportion to the sums referred to in paragraphs 1 and 5;

(5)  the gifts, legacies and other contributions paid into the fund to further the achievement of the objectives of the fund.

1996, c. 14, s. 17; 1997, c. 33, s. 13.

170.5. The management of the sums constituting the fund shall be entrusted to the Minister of Finance. The sums shall be paid to the order of the Minister of Finance and deposited with the financial institutions he designates.

Notwithstanding section 13 of the Financial Administration Act (chapter A-6), the Minister shall keep the books of account for and record the financial commitments chargeable to the fund. The Minister shall also certify that such commitments and the payments arising therefrom do not exceed, and are consistent with, the available balances.

1996, c. 14, s. 17.

170.5.1. The Government may, for the financing of forest management activities referred to in the second paragraph of section 170.2, authorize the payment into the fund of part of the sums paid by holders of timber supply and forest management agreements under section 71 and, to that end, determine for a fiscal year

(1)  the percentage of the sums that represents the amount of dues for that year, without regard to the credits referred to in section 71, that may be paid into the fund and the maximum amount of the sums that may be paid into the fund;

(2)  the terms and conditions according to which the sums are paid into the fund as well as the forest management activities to which the sums will be allocated.

1997, c. 33, s. 14.

170.5.2. The Minister, as manager of the fund, may borrow from the Minister of Finance sums taken out of the financing fund established under section 69.1 of the Financial Administration Act (chapter A-6).

1997, c. 33, s. 14.

170.6. The Minister of Finance may, with the authorization of the Government and subject to the conditions it determines, advance to the fund sums taken out of the consolidated revenue fund.

The Minister of Finance may conversely advance to the consolidated revenue fund, on a short-term basis and subject to the conditions he determines, any part of the sums paid into the forestry fund that is not required for its operation.

Any advance paid into a fund is repayable out of that fund.

1996, c. 14, s. 17.

170.7. Surpluses accumulated by the forestry fund shall be paid to the consolidated revenue fund on the dates and to the extent determined by the Government, in the proportion representing the sums referred to in paragraphs 1.1, 2 and 3 of section 170.4.

1996, c. 14, s. 17; 1997, c. 33, s. 15.

170.8. The sums required for the remuneration and expenses pertaining to social benefits and other conditions of employment of the persons assigned, in accordance with the Public Service Act (chapter F-3.1.1), to activities related to the fund shall be paid out of the fund.

1996, c. 14, s. 17.

170.9. Sections 22 to 27, 33, 35, 45, 47 to 49, 49.2, 49.6, 51, 57 and 70 to 72 of the Financial Administration Act (chapter A-6), adapted as required, apply to the fund.

1996, c. 14, s. 17.

170.10. The fiscal year of the fund ends on 31 March.

1996, c. 14, s. 17.

170.11. Notwithstanding any provision to the contrary, the Minister of Finance shall, in the event of a deficiency in the consolidated revenue fund, pay out of the forestry fund the sums required for the execution of a judgment against the State that has become res judicata.

1996, c. 14, s. 17; 1999, c. 40, s. 140.

TITLE V REGULATIONS

171. The Government, by regulation, may prescribe, in respect of the forests in the domain of the State, standards of forest management regarding

(1)  the surface and location of cutting areas;

(2)  the protection of the shores of lakes and watercourses;

(3)  the protection of water quality;

(4)  the installation and use of piling, lopping and sawing areas;

(5)  the location and construction of roads;

(6)  the site of forest camps;

(7)  forest management activities according to the resources to be protected or the territorial units whose destination is determined in a land use plan referred to in section 25;

(8)  the application of the silvicultural treatments;

(9)  the protection of forest regeneration.

For the purposes of subparagraph 7 of the first paragraph, the Government, by regulation, may determine what resources are to be protected and define the territorial units whose destination is determined in a land use referred to in section 25.

The standards prescribed under this section may vary according to the different territorial units on a plan referred to in section 25 and include a requirement to carry on forest management activities or prohibit such activities in one or other of such territorial units.

1986, c. 108, s. 171; 1987, c. 23, s. 94; 1993, c. 55, s. 29; 1999, c. 40, s. 140.

172. The Government may, by regulation,

(1)  determine, for each species, group of species and quality of timber, the unit rate or the rules of calculation of the unit rate at which the Minister is to determine, for any class of forest management permit, the dues payable by the permit holder;

(2)  establish forest tariffing zones for the establishment of the unit rates at which the amounts of dues are to be determined by the Minister;

(3)  establish rules for calculating the value of silvicultural treatments and other forest management activities as well as contributions to the financing of the treatments or activities admitted as payment of prescribed dues and establish the conditions governing the granting of credits applicable to the payment of dues referred to in the fourth paragraph of section 73.1;

(3.1)  prescribe the form and content of the progress report on silvicultural treatments or other forest management activities submitted to the Minister under section 73.2;

(4)  establish the scaling standards for timber harvested in forests in the domain of the State, which include, in addition to the techniques for scaling and sampling cut timber, the place where scaling must take place, the time limits for scaling the timber and reporting to the Minister, the time limits for verifying scaling, the content of the applications and other forms established by the Minister and the procedure for completing the forms and sending them to the Minister;

(5)  prescribe the information which an applicant for a sugar bush management permit must provide to the Minister and the rules the permit holder must observe when tapping maples and carrying on other forest management activities in the sugar bush;

(5.1)  prescribe the form and content of the progress report to be submitted to the Minister by the holder of a sugar bush management permit for acericultural purposes, and the time at which the report must be submitted;

(6)  prescribe rules governing the movement of persons in the forest and on forest roads and prescribe rules as to the weight and size of the vehicles, the trimming of their loads, and road signs;

(7)  prescribe the form and content of a general forest management plan, of a five-year forest management plan, of an annual forest management plan, of updatings of a general forest management plan and the form and content of the progress reports an agreement holder is required to submit to the Minister and the times at which the plans and reports are to be submitted;

(8)  establish the rules of calculation of the stumpage value to which the unit rate of the dues prescribed by the Minister for the carrying out of a timber supply and forest management agreement corresponds;

(9)  prescribe a schedule for the payment of the dues payable under this Act;

(10)  fix another unit rate or determine a rule of computation for the purposes of section 106;

(11)  prescribe the rate of reimbursement of the expenses related to fire extinction contemplated in section 128 and to the plans contemplated in section 147.4;

(12)  prescribe the conditions to be fulfilled by an applicant for a permit under section 135, and those to be observed by the operator of a site for the elimination of industrial or domestic waste under section 139;

(13)  prescribe safety standards for forest fire prevention and extinction to be observed by the persons contemplated in sections 141 and 142;

(14)  prescribe the form and content of the fire protection program to be obtained from a protection organization by a person contemplated in section 143;

(15)  prescribe the form and content of the plant inventory which a producer must submit to the Minister under section 155, and the time for submitting it;

(16)  establish classes of wood processing plants;

(17)  prescribe the conditions to be met by an applicant for the issue or renewal of a wood processing plant operating permit, the dues payable by him for the issue or renewal, the classes of annual timber consumption authorized and the form and content of the register he must keep pursuant to section 168, and the time at which the register must be transmitted;

(18)  define the works referred to in section 218 and determine the method of calculation of the residual value of the works;

(18.1)  fix another unit rate or determine a rule of calculation for the purposes of section 213.1 of the Mining Act (chapter M-13.1);

(18.2)  fix the rate referred to in section 73.4, the date or dates on which the volume allotted to an agreement holder under an agreement must be determined for the purposes of the contribution, and determine the intervals, dates and methods of payment of the contribution;

(18.3)  prescribe the payment to the Minister, or to the person or organization designated for the purposes of section 120, for his or its own account, of fees for the issue or renewal of a forest producer’s certificate, for changes made to a forest producer’s certificate or for the issue of duplicates or copies;

(18.4)  fix, for every species and group of species and for every quality of timber, the rate per cubic metre of timber applicable to the contribution payable to a regional agency for private forest development by holders of a wood processing plant operating permit, and determine the schedule according to which permit holders are required to file their statements with the agencies; such a regulation may vary depending on the regional agencies;

(19)  prescribe which of the regulations under this section carry a penalty pursuant to section 181 in the event of contravention.

1986, c. 108, s. 172; 1988, c. 73, s. 61; 1990, c. 17, s. 21; 1993, c. 55, s. 30; 1995, c. 37, s. 16; 1996, c. 14, s. 18; 1997, c. 33, s. 16; 1999, c. 40, s. 140.

172.1. The Government may, by regulation,

(1)  define “eligible development expenses” for the purposes of section 123, and prescribe exclusions, ceilings and deductions;

(2)  establish rules for the calculation and substantiation of eligible development expenses applicable to a calendar year where a producer is a natural person or, in other cases, to the fiscal year of a producer, and authorize the carrying forward of such expenses, even expenses incurred before the coming into force of the regulations;

(3)  determine the form and content of the report referred to in paragraph 3 of section 123.

The content of the regulations may vary depending on the class of expenses.

Before recommending the adoption of regulations by the Government under this section, the Minister must obtain the advice of the Minister of Revenue, which he shall submit together with his recommendation.

1996, c. 14, s. 19.

172.2. The Government may, by regulation, prescribe any measure necessary for the establishment and implementation of the forest management funding program provided for in section 124.37 and in particular

(1)  determine the conditions, criteria and scope of the program, which may vary, in particular, according to the nature of the activities concerned, and prescribe exclusions;

(2)  establish criteria to be used to determine the persons or classes of persons who may avail themselves of the program, and prescribe exclusions;

(3)  designate the persons who may act as lenders under the program;

(4)  determine the financial commitments made within the scope of the program that give entitlement to insurance under section 4 of the Act respecting farm-loan insurance and forestry-loan insurance (chapter A-29.1) together with the extent and duration of coverage.

1996, c. 14, s. 19.

TITLE VI SANCTIONS

CHAPTER I PENAL PROVISIONS

1992, c. 61, s. 308.

173. The following persons are guilty of an offence:

(1)  every person who, without a permit, cuts, removes, carries away or harvests timber or taps a maple tree on lands in the domain of the State;

(2)  every permit holder or the third person to whom he entrusts the carrying out of the work authorized by his permit who, in contravention of a prescription of the permit, cuts, removes, carries away or harvests timber or taps a maple tree on lands in the domain of the State.

The offender is liable to a fine of $5 to $75 and, for each subsequent conviction, to a fine of $10 to $125, for each tree in respect of which an offence was committed.

In addition, the judge may, on the conditions he determines, order the offender to reforest the site.

Prior notice of the application for an order shall be given by the prosecutor to the person who could be compelled, under such an order, to reforest the site, except where the parties are in the presence of the judge.

1986, c. 108, s. 173; 1988, c. 73, s. 62; 1990, c. 4, s. 429; 1991, c. 33, s. 42; 1992, c. 61, s. 309; 1999, c. 40, s. 140.

174. Every person who contravenes section 27 is liable to a fine of $250 to $1 225.

1986, c. 108, s. 174; 1990, c. 4, s. 430; 1991, c. 33, s. 43.

175. Every person who contravenes section 28 or 28.1 is liable to a fine of $1 125 to $5 600.

The judge may in addition order the offender to remove the dumped waste at his own expense within the time fixed by the judge.

Prior notice of the application for an order shall be given by the prosecutor to the person who could be compelled, under such an order, to remove the waste, except where the parties are in the presence of the judge.

1986, c. 108, s. 175; 1988, c. 73, s. 63; 1990, c. 4, s. 430; 1991, c. 33, s. 44; 1992, c. 61, s. 310.

175.0.1. Every person who contravenes section 32 is liable to a fine of $500 to $10 000.

On finding a defendant guilty of an offence under that section, the judge may order him to restore the site at his own expense, within the time and on the conditions fixed by the judge.

Prior notice of the application for an order shall be given by the prosecutor to the defendant, except where the parties are in the presence of the judge.

1993, c. 55, s. 31.

175.0.2. Every person who contravenes section 34 is liable to a fine of $600 to $6 000.

1993, c. 55, s. 31.

175.1. Every person who produces a report under section 70 which contains any statement which he knows to be false or misleading is liable to a maximum fine of $11 175.

Penal proceedings for such offence shall be prescribed by one year from the date on which the investigation record relating to the offence was opened.

The certificate of the Minister indicating the date on which the investigation began constitutes, failing any evidence to the contrary, conclusive proof of such fact.

1988, c. 73, s. 64; 1990, c. 4, s. 430; 1991, c. 33, s. 45; 1992, c. 61, s. 311.

176. Every person who contravenes any provision of sections 134 to 140 or section 143 or a safety standard prescribed under paragraph 13 of section 172 is liable to a fine of $125 to $1 225.

1986, c. 108, s. 176; 1990, c. 4, s. 430; 1991, c. 33, s. 46; 1993, c. 55, s. 32.

177. Every person who transports plants without having obtained the certificate required by section 150 or who contravenes section 151 is liable to a fine of $125 to $625.

1986, c. 108, s. 177; 1990, c. 4, s. 430; 1991, c. 33, s. 47.

178. Every person who contravenes section 152 or section 156 is liable to a fine of $125 to $1 225.

1986, c. 108, s. 178; 1990, c. 4, s. 430; 1991, c. 33, s. 48.

179. Every person who contravenes section 159 or a provision of an order made under section 161 is liable to a fine of $2 450 to $6 075 in the case of a natural person and of $7 300 to $18 225 in the case of a legal person and, for any subsequent conviction, to a fine of $12 150 to $60 700 in the case of a natural person and $36 425 to $182 100 in the case of a legal person.

1986, c. 108, s. 179; 1990, c. 4, s. 431; 1991, c. 33, s. 49.

180. Every person who contravenes any of sections 162, 164, 166 and 169 is liable to a fine of $125 to $625 from the thirtieth day after the sending of a notice to the offender by an authorized representative of the Minister enjoining him to comply with the applicable provisions.

1986, c. 108, s. 180; 1990, c. 4, s. 430; 1991, c. 33, s. 50.

181. Every person who contravenes a provision indicated pursuant to paragraph 19 of section 172 is guilty of an offence and is liable to a fine of $625 to $1 225.

1986, c. 108, s. 181; 1990, c. 4, s. 430; 1991, c. 33, s. 51.

182. Every person who contravenes a rule of forest management prescribed under paragraphs 3 or 4 to 6 of section 171 is liable to a fine of $125 to $1 225.

1986, c. 108, s. 182; 1990, c. 4, s. 430; 1991, c. 33, s. 52; 1993, c. 55, s. 33.

183. Every person who contravenes section 28.2 or a standard of forest management prescribed under paragraph 1, 2, 7 or 8 of section 171 is liable to a fine of $5 to $100 for each tree cut or not cut by him in contravention of the applicable standard.

1986, c. 108, s. 183; 1990, c. 4, s. 430; 1993, c. 55, s. 34.

183.1. Every person who contravenes a standard of forest management prescribed under paragraph 9 of section 171 is liable to a fine of $10 to $50 per hectare and, for a subsequent offence, to a fine of $20 to $100 per hectare.

1993, c. 55, s. 35.

184. Where an offence referred to in section 179, 180, 181 or 182 continues for more than one day, it is considered a separate offence for each day or part of a day during which it continues.

1986, c. 108, s. 184; 1999, c. 40, s. 140.

184.1. Every person who contravenes section 205 is liable to a maximum fine of $1 125.

1988, c. 73, s. 65; 1990, c. 4, s. 432; 1991, c. 33, s. 53.

184.2. Every person who hinders the work of a person designated under this Act who is acting in his official capacity commits an offence and is liable to a fine of $100 to $1 000.

1993, c. 55, s. 36.

185. Every person who by act or omission aids another to commit an offence is guilty of the offence as if he had committed it himself, if he knew or ought to have known that his act or omission would probably result in aiding to commit the offence.

Every person who by encouragement, advice or orders leads another to commit an offence is guilty of the offence and any other offence committed by the other as a result of the encouragement, advice or order, if he knew or ought to have known that they would probably result in the commission of the offence.

1986, c. 108, s. 185.

185.1. Except where otherwise specially provided, penal proceedings for an offence under this Act shall be prescribed by two years from the date of the commission of the offence.

1992, c. 61, s. 312.

186. (Repealed).

1986, c. 108, s. 186; 1990, c. 4, s. 433.

CHAPTER II SEIZURE

1988, c. 73, s. 66.

DIVISION I INSPECTION

1988, c. 73, s. 66.

187. Any department employee designated by the Minister may, when making an inspection on lands in the domain of the State, seize any timber that has been cut and to which this Act applies, if he has reasonable cause to believe that the timber was cut in contravention of a provision of this Act or the regulations.

1986, c. 108, s. 187; 1988, c. 73, s. 66; 1990, c. 17, s. 22; 1999, c. 40, s. 140.

188. The employee may, in addition, seize any timber mixed with the timber he believes to have been cut without a permit, where it is impossible or very difficult to distinguish one from the other.

1986, c. 108, s. 188; 1988, c. 73, s. 66.

189. The employee who seizes timber under section 187 shall draw up a minute setting out, in particular,

(1)  the grounds for the seizure;

(2)  the place where the timber was seized;

(3)  the date and time of the seizure;

(4)  the quantity and the description of the timber seized;

(5)  the name of the person from whom the timber is seized or of the person responsible for the premises, or an indication of the fact that there was no one on the premises;

(6)  any information permitting to identify the persons who may have an interest in the timber;

(7)  the name and capacity of the seizor.

1986, c. 108, s. 189; 1988, c. 73, s. 66.

190. The employee shall remit a duplicate of the minute to the person from whom the timber has been seized or to the person responsible for the premises, as the case may be; if there is no one on the premises, the employee shall leave, in a conspicuous place on the premises where the timber was seized, a notice stating that a seizure has been made and indicating the place where the duplicate of the minute of the seizure has been filed.

1986, c. 108, s. 190; 1988, c. 73, s. 66.

191. The employee shall have custody of the timber seized; where it is introduced as evidence, the clerk of the court shall have custody of it.

The person having custody of the timber seized may detain it or see to it that it is detained in a manner that will ensure its preservation.

1986, c. 108, s. 191; 1988, c. 21, s. 145; 1988, c. 73, s. 66.

192. Where the timber is susceptible of rapid deterioration or depreciation, a judge may authorize the sale of the timber on an application by the employee.

One clear day’s notice of the application shall be served on the person from whom the timber has been seized and on the persons who claim to be entitled to the seized timber.

The sale shall be made by a representative authorized by the Minister on the terms and conditions determined by the judge. The proceeds of the sale shall be deposited with the Ministère des Finances in accordance with the Deposit Act (chapter D-5).

1986, c. 108, s. 192; 1988, c. 21, s. 146; 1988, c. 73, s. 66.

193. The seized timber may be detained for 90 days from the date of the seizure unless proceedings are instituted, except in the cases provided for in sections 195 and 196.

1986, c. 108, s. 193; 1988, c. 73, s. 66.

194. On an application by a person who claims to be entitled to the seized timber, or to the proceeds of its sale, a judge shall order that the timber or proceeds be released to the applicant if he is convinced that the person is entitled thereto and that the course of justice will not be hindered by the release.

A five clear days’ notice shall be served on the employee or, as the case may be, on the prosecutor, on the defendant and, if he is not the applicant, on the person from whom the timber has been seized.

The release order shall be executory at the expiry of a thirty-day period, unless the period is waived by the parties.

1986, c. 108, s. 194; 1988, c. 73, s. 66.

195. The timber seized, or the proceeds of its sale, shall be released to the person from whom the timber has been seized or to a person entitled thereto

(1)  as soon as the employee has ascertained that, in his opinion, no offence has been committed under this Act or the regulations thereunder;

(2)  as soon as the employee is notified that no proceedings will be instituted in relation to the seized timber or that the timber will not be introduced as evidence;

(3)  at the expiry of the detention period;

(4)  when a release order becomes executory.

1986, c. 108, s. 195; 1988, c. 73, s. 66.

195.1. Any judge who is competent to to issue a search warrant in the judicial district where the seizure is to be made or in the district where the offence has been committed is competent to exercise the powers conferred on a judge by this division.

1986, c. 108, s. 206; 1988, c. 73, s. 66; 1992, c. 61, s. 315; 1999, c. 40, s. 140.

196. If the owner or possessor of the timber seized is unknown or cannot be found, the timber seized, or the proceeds of its sale, shall be transferred to the Public Curator or the Minister of Finance according to whether timber or the proceeds of the sale are involved, 90 days after the day of the seizure; a statement containing a description of the timber or the proceeds of the sale and indicating, where applicable, the name and the last known address of the interested party shall, at the time of the transfer, be sent to the Public Curator.

The provisions of the Public Curator Act (chapter C-81) pertaining to unclaimed property shall apply to the timber or proceeds of sale so transferred to the Public Curator or the Minister of Finance.

1986, c. 108, s. 196; 1988, c. 73, s. 66; 1997, c. 80, s. 67.

DIVISION II SEARCH

1988, c. 73, s. 66.

197. Any employee of the department designated by the Minister may make a search in accordance with the Code of Penal Procedure (chapter C-25.1), in order to seize any timber to which this Act applies.

The employee may, in addition, seize any timber mixed with the timber that is the subject of the search, where it is impossible or very difficult to distinguish one from the other.

1986, c. 108, s. 197; 1988, c. 73, s. 66; 1990, c. 4, s. 434.

198. In the event of a seizure, the employee drawing up the minutes shall set out, in particular, the information prescribed in section 189.

1986, c. 108, s. 198; 1988, c. 73, s. 66; 1990, c. 4, s. 435.

199. (Repealed).

1986, c. 108, s. 199; 1988, c. 73, s. 66; 1990, c. 4, s. 436.

200. (Repealed).

1986, c. 108, s. 200; 1988, c. 73, s. 66; 1990, c. 4, s. 436.

201. (Repealed).

1986, c. 108, s. 201; 1988, c. 73, s. 66; 1990, c. 4, s. 436.

202. (Repealed).

1986, c. 108, s. 202; 1988, c. 73, s. 66; 1992, c. 61, s. 313.

203. Upon pronouncing a conviction for an offence under a provision of this Act or the regulations thereunder, the judge may, on the application of the prosecutor, order the confiscation of the timber seized under sections 187 and 197.

Prior notice of the application shall be given by the prosecutor to the person from whom the timber was seized and to the defendant, except where they are in the presence of the judge.

The Minister shall prescribe the manner in which the timber confiscated under this section is to be disposed of.

1986, c. 108, s. 203; 1988, c. 73, s. 66; 1992, c. 61, s. 314.

204. The employee shall, without delay, forward a report in writing to the Minister of any seizure made by him in the course of an inspection or search.

1986, c. 108, s. 204; 1988, c. 73, s. 66.

205. No person may use or remove the timber seized in the course of an inspection or search, or allow it to be removed, except with the authorization of the employee.

1986, c. 108, s. 205; 1988, c. 73, s. 66.

206. (Section renumbered).

1986, c. 108, s. 206; 1988, c. 73, s. 66; 1992, c. 61, s. 315.

See section 195.1.

TITLE VII GENERAL PROVISIONS

207. (Section renumbered).

1986, c. 108, s. 207; 1988, c. 73, s. 67; 1993, c. 55, s. 37.

See section 28.2.

208. For Category I lands, as determined under the Act respecting the land regime in the James Bay and New Québec territories (chapter R-13.1), the Minister shall issue forest management permits to the local government and to the Naskapi local government in accordance with sections 58 and 191.40 of the said Act for the commercial exploitation of the forest resources.

1986, c. 108, s. 208.

209. In order to promote forest conservation, the third full week in May each year shall be “Forest Conservation Week”.

1986, c. 108, s. 209; 1996, c. 14, s. 20.

210. In order to ensure the planning, orientation, coordination and follow-up of research and scientific and technical developments regarding the forest, the Government may establish a “Conseil de la recherche forestière du Québec”.

1986, c. 108, s. 210.

211. In order to advise the Minister on any matter relating to forest management, the Government may constitute the “Conseil de la forêt”.

1986, c. 108, s. 211.

212. In 1990, and every five years thereafter, the Minister shall table a report in the National Assembly on the state of Québec forests.

1986, c. 108, s. 212.

TITLE VIII CHANGES OF TENURE IN THE DOMAIN OF THE STATE

1999, c. 40, s. 140.

CHAPTER I CANCELLATION OF TIMBER LIMITS, GUARANTEES OF TIMBER SUPPLY, AGREEMENTS AND PERMITS TO CUT TIMBER PRIOR TO 1 APRIL 1987

213. From 1 April 1987, all timber limits leased on the domain of the State are cancelled.

The same applies to any guarantee of timber supply granted in the form of rights to cut standing timber to the persons whose timber limits have been cancelled under section 93 of the Lands and Forests Act (chapter T-9).

1986, c. 108, s. 213; 1999, c. 40, s. 140.

214. From 1 April 1987, all timber supply agreements entered into under section 106 of the Lands and Forests Act (chapter T-9) are cancelled.

1986, c. 108, s. 214.

215. From 1 April 1987, any other instrument authorizing the cutting of timber on forest lands in the domain of the State or requiring the Government or one of its ministers to guarantee or allocate a timber supply from the domain of the State for the benefit of any person is without effect.

All orders made under section 93 or 106 of the Lands and Forests Act (chapter T-9) cease to have effect from that date.

1986, c. 108, s. 215; 1999, c. 40, s. 140.

216. Every privilege, hypothec or real right affecting the right to cut in a timber limit or affecting a guarantee of timber supply granted under section 93 of the Lands and Forests Act (chapter T-9) or affecting an agreement to supply timber entered into under section 106 of the same Act is extinguished of right from 1 April 1987.

1986, c. 108, s. 216.

CHAPTER II RIGHTS OF HOLDERS OF CANCELLED TITLES

217. A person whose timber limit has been cancelled under section 93 of the Lands and Forests Act (chapter T-9) and to whom the Minister has not granted compensation on 13 November 1986 is entitled to receive an indemnity from the Minister. In no case, however, may a guarantee of timber supply in the form of stumpage rights be granted to him even if he owned a wood processing plant on the date of the cancellation.

1986, c. 108, s. 217.

218. The indemnity paid to a person contemplated in section 217 shall be equal to the residual value of the permanent works, inventory, management and survey work and other improvements, for timber harvesting and which may be of use to another forest operator, effected by that person on the cancelled timber limit before 13 November 1986. The residual value shall be established according to the method prescribed by regulation of the Government.

Where a timber supply and forest management agreement is awarded to the person in respect of the same territory, in whole or in part, as that under the cancelled timber limit, the compensation provided for in the preceding paragraph is decreased by the undepreciated capital cost of the works and improvements that will continue to be used for the purposes of the timber supply and forest management agreement.

1986, c. 108, s. 218.

219. Notwithstanding section 36 and 37, every person who holds a wood processing plant operating permit on 31 March 1987 and whose timber limit, timber supply guarantee or timber supply agreement has been cancelled under section 213 or 214 is entitled to obtain a timber supply and forest management agreement from the Minister pursuant to Chapter III of Title I.

The same also applies to any person operating a wood processing plant on 31 March 1987 whose timber limits have been cancelled under section 93 of the Lands and Forests Act (chapter T-9) and who has not obtained a guarantee of timber supply.

1986, c. 108, s. 219.

220. Where a person contemplated in the second paragraph of section 219 operates a wood processing plant outside Québec, the Minister shall not enter into a timber supply and forest management agreement in respect of the plant except to the extent that the shipment of the incompletely processed timber which is processed in the plant is authorized by an order of the Government made under section 161. The repeal of such an order shall terminate the agreement.

1986, c. 108, s. 220.

221. A person not contemplated in section 217 or section 219 who on 31 March 1987 holds a wood processing plant operating permit in which he processed, during the year ending on that date and the four preceding years, timber from forests in the domain of the State other than salvaged timber is entitled to obtain a timber supply and forest management agreement from the Minister.

1986, c. 108, s. 221; 1999, c. 40, s. 140.

222. To determine the annual volume of timber allocated to the person contemplated in section 219 or 221 under his agreement, the Minister shall take into consideration, in addition to the criteria set forth in section 43, the average volume of round timber from the forests in the domain of the State used each year by the plant for which the timber is intended during the last five years or from the beginning of its operations if the plant has been in operation for less than five years.

Moreover, to determine the average volume, the Minister shall take into consideration cases or irresistible force, where such is the case, which have affected the consumption of timber at the agreement holder’s plant during the particular period. He shall not take into consideration, however, the use of salvaged timber.

1986, c. 108, s. 222; 1999, c. 40, s. 140.

223. To determine the location of the forest management unit covered by the agreement of a person contemplated in section 219, the Minister shall take into consideration, in addition to the criteria set forth in section 47, the history of the location of the agreement holder’s sources of supply and the infrastructures he has already set in place.

1986, c. 108, s. 223.

224. Where a forest management unit established pursuant to section 223 for a holder of a timber supply and forest management agreement includes a forest area where the works referred to in section 218 have been carried out before 1 April 1987 by another person who was the holder of a timber limit or of a timber supply agreement in that area, the timber supply and forest management agreement holder shall pay to that person an indemnity equal to the residual value of those works. That value is established according to the method prescribed by regulation of the Government.

Where the forest area referred to in the first paragraph devolves to the Minister in accordance with section 96, he shall pay to the person who carried out the works an indemnity established in the same manner if the person has not obtained a timber supply and forest management agreement pursuant to this chapter.

1986, c. 108, s. 224.

225. If, at the time of the cancellation of a timber supply agreement, the holder of a wood processing plant operating permit who is a signatory to the agreement is bound by a timber supply agreement with a logging cooperative to which this section applies, the timber supply and forest management agreement granted to the permit holder by the Minister entitles the cooperative to the same rights in respect of the holder as those provided in the timber supply agreement entered into with the holder.

This section applies to a logging cooperative which on 31 March 1987

(1)  does not hold a wood processing plant operating permit;

(2)  holds a timber supply agreement authorized by order of the Government or is a body designated pursuant to a timber supply agreement authorized in the same manner.

1986, c. 108, s. 225.

226. An agreement in force on 31 March 1987 by which the Government undertakes to provide an auxiliary timber supply to the operator of a wood processing plant who has not entered into a timber supply agreement in respect of that plant pursuant to section 106 of the Lands and Forests Act (chapter T-9) is deemed to have been entered into under section 95.1 and is renewable.

Notwithstanding section 95.1, the operator shall also be eligible for a timber supply and forest management agreement.

1986, c. 108, s. 226; 1988, c. 73, s. 68.

227. The contract of lease of the forêt Montmorency entered into between the Gouvernement du Québec and Université Laval authorized by Orders in Council 253 dated 9 February 1965 and 1285-76 dated 7 April 1976 constitutes in respect of the area described therein a forest management agreement made under section 113.

1986, c. 108, s. 227.

228. The cancellations provided for in sections 213 to 215 do not give entitlement to compensation and no recourse may be exercised against the Government or any minister by reason of the coming into force of those provisions.

Notwithstanding the foregoing, if a cancelled timber limit has been granted in exchange for land and constructions in full ownership of the timber limit holder and transferred by him to the domain of the State, the Minister shall pay a fair indemnity to the timber limit holder whose title has been cancelled.

In order to determine the indemnity provided for in the second paragraph, the Minister shall take into account, by discounting them, the value of the land and constructions on the date of the deed of exchange and the value of the consideration received by the timber limit holder for the exchange.

1986, c. 108, s. 228; 1999, c. 40, s. 140.

229. The Minister shall, before 1 April 1990 and as available inventory data allow, make to each person entitled to obtain a timber supply and forest management agreement under section 219 or 221 a proposal accompanied with a notice informing him of his intention to close the agreement on the basis of that proposal and inviting him to submit his observations to him within 60 days of the notice.

After the expiry of the period determined in the first paragraph, the Minister shall send to the interested person a final proposal with a notice enjoining him to inform the Minister in writing, within 30 days, of his decision to accept or refuse the proposed agreement.

Where the person to whom the notice is sent fails to inform the Minister in writing of his decision to accept the proposal as drawn up within 30 days of the date of the notice provided for in the second paragraph, the person is considered to have refused the proposal. From the date of expiry of the thirty-day period, sections 219 to 226 and 229 to 235 cease to have effect in respect of that person.

Where the interested person accepts the proposal before the expiry of the period determined in the second paragraph, the Minister shall register it by deposit in accordance with section 38. The proposal as registered constitutes the first timber supply and forest management agreement.

1986, c. 108, s. 229; 1999, c. 40, s. 140.

CHAPTER III TEMPORARY TENURE

Subject to section 236.0.1 of this Act, Chapter III has ceased to have effect on 1 April 1990.

230. For the year beginning on 1 April 1987 and for each subsequent year until the timber supply and forest management agreement to which he is entitled takes effect, a person contemplated in section 219 may obtain a forest management permit from the Minister to provide for the supply of timber to the wood processing plant operated by the person.

The permit shall be issued by the Minister for a forest area in the territory formerly covered by the timber limit, guarantee or agreement.

The volume of timber authorized to be harvested under the permit shall be determined by the Minister, taking into account the criteria set forth in section 43. The volume shall not exceed the average volume of round timber from forests in the domain of the State used at the plant from 1 April 1981 to 31 March 1986 calculated by taking into account the criteria set forth in section 222.

1986, c. 108, s. 230; 1999, c. 40, s. 140.

231. A cooperative contemplated in section 225 may obtain from the Minister for the year beginning on 1 April 1987 and for each subsequent year until a management agreement takes effect in respect of the agreement holder with whom it is bound by agreement, a management permit in order to ensure the execution of the obligations stipulated in that agreement.

1986, c. 108, s. 231.

232. Every person who is entitled to a timber supply and forest management agreement under section 221 is entitled from 1 April 1987, and until the agreement takes effect, to obtain a volume of round timber from the forests in the domain of the State to supply his wood processing plant.

The volume shall be fixed by the Minister on the basis of the criteria set forth in section 222; it shall be granted to the person entitled thereto according to the Minister, by the issue of a forest management permit or by the inclusion in a forest management permit issued under section 230 of an obligation to supply the volume.

1986, c. 108, s. 232; 1999, c. 40, s. 140.

233. The holder of a permit issued under sections 230 to 232 must join the certified forest protection organizations in his territory and comply with the standards of forest management prescribed pursuant to section 171.

The Minister may refuse to issue the permit if the holder fails to join the forest protection organizations or fails to pay the assessment fixed by the organizations.

1986, c. 108, s. 233; 1988, c. 73, s. 69; 1990, c. 17, s. 23.

234. The holder of a permit issued under sections 230 to 232 shall pay the dues under section 5 on the volume of timber felled and scaled.

1986, c. 108, s. 234; 1987, c. 23, s. 95.

235. Every privilege, hypothec or real right extinguished under section 216 may be renewed at the instance of the creditor, as regards the timber supply rights conferred by sections 230 and 232, by means of a notice to the registrar of the appropriate registration division or, in the case of non-cadastered lands in the domain of the State, to the Ministère des Ressources naturelles, before 1 July 1987.

A privilege, hypothec or real right registered before 1 July 1987 is deemed to have been registered on 1 April 1987 and keeps its rank.

Within 30 days of the date of registration of a first timber supply and forest management agreement, a creditor may also register in respect of the rights conferred on the agreement holder by the forest management permit, the privilege, hypothec or real right that he registered in accordance with the second paragraph in respect of the timber supply rights conferred by sections 230 and 232. Such registration is carried out in the same manner as the renewed registration; it is deemed to have been carried out on the date of the registration of the first agreement and keeps its rank.

1986, c. 108, s. 235; 1994, c. 13, s. 15; 1999, c. 40, s. 140.

236. This chapter ceases to have effect on 1 April 1990.

1986, c. 108, s. 236.

236.0.1. Notwithstanding section 236, this chapter continues to have effect until the expiry of the thirty-day period provided for in the third paragraph of section 229, in respect of any person to whom the Minister has sent a timber supply and forest agreement proposal in accordance with the said section.

Moreover, this chapter shall continue to have effect, in respect of any person referred to in section 219 or 221 with whom the Minister has entered into an agreement, until the effective date of the agreement if the date is subsequent to 1 April 1990.

1990, c. 17, s. 24.

TITLE IX MISCELLANEOUS AND TRANSITIONAL PROVISIONS

236.1. This Act applies to every forest management activity carried out in forests of the domain of the State, notwithstanding the provisions of the first paragraph of section 42 of the Interpretation Act (chapter I-16) and any other rule of law providing for similar immunity.

1988, c. 73, s. 70; 1999, c. 40, s. 140.

237. (Omitted).

1986, c. 108, s. 237.

238. (Omitted).

1986, c. 108, s. 238.

239. In prescribing the dues payable under sections 71, 72 or 234, the Minister may grant an abatement on the amount of dues payable annually in cash by a person who, on 31 March 1987, pays stumpage dues at a fixed rate under an order or an agreement not contemplated in the second paragraph of section 228, so as to take into account, to the extent and for the period determined by the Government, any abatement so granted on the roles that would otherwise have been applicable to the logging operations of that person at the time of the passing of the order or the making of the agreement.

1986, c. 108, s. 239; 1990, c. 17, s. 25.

239.1. The Minister may grant a credit on the amount of dues payable yearly under section 5, 71 or 234 by the holder of a management permit who exports softwood lumber subject to export duties.

The credit shall be granted to the extent and for the period determined by the Government in such a manner as to take into account any increase in dues having effect on or after 1 April 1987.

This section applies from 1 April 1987 to 1 April 1988.

1988, c. 73, s. 71; 1990, c. 17, s. 26.

240. (Omitted).

1986, c. 108, s. 240.

241. (Inoperative, 1993, c. 55, s. 40).

1986, c. 108, s. 241.

242. (Amendment integrated into c. C-27, s. 1).

1986, c. 108, s. 242.

243. (Amendment integrated into c. C-27, s. 2).

1986, c. 108, s. 243.

244. (Amendment integrated into c. C-27, s. 8).

1986, c. 108, s. 244.

245. (Amendment integrated into c. C-78, s. 1).

1986, c. 108, s. 245.

246. (Amendment integrated into c. C-78.1, s. 1).

1986, c. 108, s. 246.

247. (Amendment integrated into c. D-17, s. 1).

1986, c. 108, s. 247.

248. (Amendment integrated into c. M-14, s. 15).

1986, c. 108, s. 248.

249. (Amendment integrated into c. Q-2, s. 144).

1986, c. 108, s. 249.

250. (Amendment integrated into c. Q-2, s. 178).

1986, c. 108, s. 250.

251. (Amendment integrated into c. Q-2, Schedule B).

1986, c. 108, s. 251.

252. (Amendment integrated into c. R-13.1, s. 58).

1986, c. 108, s. 252.

253. (Amendment integrated into c. R-13.1, s. 90).

1986, c. 108, s. 253.

254. (Amendment integrated into c. R-13.1, s. 191.40).

1986, c. 108, s. 254.

255. A reference to any of sections 4, 5, 6 or 66 to 168 of the Lands and Forests Act (chapter T-9) is a reference to the corresponding provisions of this Act.

1986, c. 108, s. 255.

256. Certification granted under the Labour Code (chapter C-27) to an association of employees in respect of an employer carrying on logging operations in a determined territory and a collective agreement entered into under this Code continue to have effect between those parties in respect of the changed territory or of the new territory in which the logging operations will be carried on following the taking of effect of a first timber supply and forest management agreement or the obtaining of a first forest management permit referred to in section 85.

A labour commissioner may make any order appropriate for the evidencing of the carrying out of the first paragraph or solve any difficulty resulting therefrom.

1986, c. 108, s. 256.

256.1. The Minister may designate from among the officers the persons who shall be entrusted with the enforcement of this Act.

1992, c. 61, s. 316.

257. The Minister of Natural Resources is responsible for the administration of this Act.

1986, c. 108, s. 257; 1990, c. 64, s. 30; 1994, c. 13, s. 16.

The Minister for Forests, Wildlife and Parks exercises, under the authority of the Minister of Natural Resources, Wildlife and Parks, the functions provided for in this Act as regards forests, wildlife and parks. Order in Council 570-2003 dated 29 April 2003, (2003) 135 G.O. 2 (French), 2531.

258. (Omitted).

1986, c. 108, s. 258.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 108 of the statutes of 1986, in force on 1 September 1987, is repealed, except sections 238, 241 and 258, effective from the coming into force of chapter F-4.1 of the Revised Statutes.