F-4.1 - Forest Act

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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 other than timber from outside Québec, 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, if he considers it appropriate, take that measure only in respect of the territory he determines.
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 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 in a management unit situated in the territory delimited by the Minister may not exceed the volume allocated by species or group of species for that unit 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 m3 or less.
1990, c. 17, s. 4; 1993, c. 55, s. 10; 1996, c. 14, s. 3; 1997, c. 33, s. 2; 2001, c. 6, s. 37.
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.
46.1. 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 a species or a group of species he determines, either of the measures set out in the third and fourth paragraphs.
The Minister may, in addition, in September of the year concerned, take either of those measures, or change or terminate any measure taken pursuant to the first paragraph.
If the Minister is of the opinion that the volumes of timber to be harvested under the annual management plans of all the agreement holders concerned foster the optimal use of foreseeable surpluses, he may prescribe that the volume of timber which each of the agreement holders concerned is authorized to harvest is limited to the volume specified in his annual management plan.
If the opinion of the Minister is to the contrary, he may, for the particular year, prescribe that the volume of timber of which the harvest will be authorized under the forest management permits is not to exceed the volumes allocated under the agreements, reduced by a percentage that he shall fix for all the agreement holders concerned.
The fourth paragraph 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.
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 a species or a group of species he determines, either of the measures set out in the second and third paragraphs.
If the Minister is of the opinion that the volumes of timber to be harvested under the annual management plans of all the agreement holders concerned foster the optimal use of foreseeable surpluses, he may prescribe that the volume of timber which each of the agreement holders concerned is authorized to harvest is limited to the volume specified in his annual management plan.
If the opinion of the Minister is to the contrary, he may, for the particular year, prescribe that the volume of timber of which the harvest will be authorized under the forest management permits is not to exceed the volumes allocated under the agreements, reduced by a percentage that he shall fix for all the agreement holders concerned.
The third paragraph 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.
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 a species or a group of species he determines, either of the measures set out in the second and third paragraphs.
If the Minister is of the opinion that the volumes of timber to be harvested under the annual management plans of all the agreement holders concerned foster the optimal use of foreseeable surpluses, he may prescribe that the volume of timber which each of the agreement holders concerned is authorized to harvest is limited to the volume specified in his annual management plan.
If the opinion of the Minister is to the contrary, he may, for the particular year, prescribe that the volume of timber of which the harvest will be authorized under the forest management permits is not to exceed the volumes allocated under the agreements, reduced by a percentage that he shall fix for all the agreement holders concerned.
1990, c. 17, s. 4.