73.2. An agreement holder must prepare and submit to the Minister, in the form and tenor determined by regulation of the Government, a periodic progress report on silvicultural treatments or other activities the agreement holder carries out in the management unit. The progress report must be approved by a forest engineer in the case of forest management activities or, in any other case, by a professional designated by the Minister.
The dates on which progress reports must be submitted and the periods they must cover are set by the Minister after consultation with the agreement holder.
On receipt of a progress report, the Minister may, at the request of the agreement holder, grant a provisional credit corresponding to the value of the silvicultural treatments or other activities which have been carried out and applicable to the payment of the prescribed dues. However, an agreement holder who has treatments or activities carried out by a third party may be granted a credit only if the agreement holder has already paid to that third party the total cost of the treatments or activities that have been carried out and are the subject of the request for credit.
If the Minister deems that at the end of a given year the credits could exceed the dues the agreement holder must pay that year for the timber harvested, the Minister may, after having granted a provisional credit under this section, reimburse to the agreement holder the sum corresponding to the amount of credits that is in excess of the dues payable. However, the Minister must reduce that sum by any contributions owed to the forestry component of the Natural Resources Fund or assessments owed to a forest protection organization recognized by the Minister under this Act.
Following the presentation of the annual report, the credits are adjusted, if need be, to ensure that they correspond to the value of the treatments or other activities accepted by the Minister under section 73.1.
If an agreement holder fails to comply with this section, the Minister may refuse to grant a provisional credit until the agreement holder complies with this section or until a decision on the granting of the provisional credit is made following the presentation of the annual report. The Minister may also cancel 10% of the provisional credits already granted and postpone the decision on the granting of credit to the time the annual report is presented.
1990, c. 17, s. 11; 1995, c. 37, s. 9; 2007, c. 39, s. 14; 2011, c. 16, s. 51.