m-25.2 - Act respecting the Ministère des Ressources naturelles et de la Faune

Updated to 1 April 2012

This document has official status.

chapter M-25.2

Act respecting the Ministère des Ressources naturelles et de la Faune

The Ministère des Ressources naturelles et de la Faune is designated under the name of Ministère de l’Énergie et des Ressources naturelles. Order in Council 381-2014 dated 24 April 2014, (2014) 146 G.O. 2 (French), 1880.

This Act was formerly entitled “An Act respecting the Ministère de l’Énergie et des Ressources”. The title was replaced by section 1 of chapter 13 of the statutes of 1994.

1994, c. 13, s. 1; 2003, c. 8, s. 1; 2006, c. 3, s. 35.

DIVISION I ORGANIZATION OF THE DEPARTMENT

1. The Minister of Natural Resources and Wildlife, designated in this Act as the “Minister”, has the direction and administration of the Ministère des Ressources naturelles et de la Faune.

He is also the Surveyor-General of Québec.

1979, c. 81, s. 1; 1994, c. 13, s. 2; 2003, c. 8, s. 2; 2006, c. 3, s. 35.

The Minister of Natural Resources and Wildlife is designated under the name of Minister of Natural Resources and Forests; the Ministère des Ressources naturelles et de la Faune is designated under the name of Ministère des Ressources naturelles et des Forêts. Order in Council 1662-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6524.

As regards energy except those related to energy transition, innovation and efficiency, with the exception of those provided for in section 17.1.2, which the Minister is responsible for, the Minister of Economy, Innovation and Energy exercises the functions of the Minister of Natural Resources and Wildlife. Order in Council 1641-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6515.

As regards wildlife and in respect of energy transition, innovation and efficiency except for section 17.1.2 of this Act, the Minister of the Environment, the Fight Against Climate Change, Wildlife and Parks exercises the functions of the Minister of Natural Resources and Wildlife. Order in Council 1645-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6517.

2. The Government, in accordance with the Public Service Act (chapter F‐3.1.1), shall appoint a person as Deputy Minister of Natural Resources and Wildlife as well as associate deputy ministers and assistant deputy ministers.

1979, c. 81, s. 2; 1994, c. 13, s. 3; 2003, c. 8, s. 2; 2006, c. 3, s. 35.

3. Under the direction of the Minister, the Deputy Minister has the supervision of the personnel of the department and shall administer its day-to-day business. He shall also exercise the other functions assigned to him by the Government or the Minister.

1979, c. 81, s. 3; 1994, c. 13, s. 4.

4. (Repealed).

1979, c. 81, s. 4; 1994, c. 13, s. 5.

5. The orders of the Deputy Minister must be carried out in the same manner as those of the Minister; his authority is that of the Minister and his official signature gives force and effect to every document within the jurisdiction of the department.

1979, c. 81, s. 5.

6. The personnel necessary for the proper administration of the department shall be appointed in conformity with the Public Service Act (chapter F-3.1.1).

1979, c. 81, s. 6; 1983, c. 55, s. 161; 2000, c. 8, s. 242.

7. The respective duties of the personnel of the department not expressly defined by the Act or by the Government shall be determined by the Minister.

1979, c. 81, s. 7.

8. No deed, document or writing binds the department or may be attributed to the Minister unless it is signed by him, by the Deputy Minister or a member of the personnel of the department and only, in this last case, to the extent determined by regulation of the Government published in the Gazette officielle du Québec.

The Government may, however, upon the conditions it fixes, allow the required signature to be affixed by means of an automatic device to such documents as it determines.

The Government may also allow a facsimile of the required signature to be engraved, lithographed or printed on such documents as it determines; in such a case, the facsimile has the same force as the signature itself, if the document is countersigned by a person authorized by the Minister.

1979, c. 81, s. 8.

9. Any copy of a document forming part of the records of the department, certified true by a person contemplated in the first paragraph of section 8, is authentic and has the same force as the original.

1979, c. 81, s. 9.

10. (Repealed).

1979, c. 81, s. 10; 1983, c. 38, s. 64.

11. The Minister shall table a report of the activities of his department before the National Assembly for each fiscal period, within six months following the end of that period if the National Assembly is sitting or, if it is not, within thirty days following the opening of the next session or following resumption.

1979, c. 81, s. 11.

DIVISION II FUNCTIONS AND POWERS OF THE MINISTER

11.1. The mission of the Minister is to ensure, in a manner consistent with sustainable development and the integrated management of resources, the conservation and development of natural resources, including wildlife and wildlife habitats, and of the lands in the domain of the State.

In keeping with the principles of sustainable development and integrated management, the Minister of Natural Resources and Wildlife and the Minister of Sustainable Development, Environment and Parks shall sign a memorandum of agreement for cooperation between their departments prior to any determination of policies and priorities in the area of wildlife and parks. The memorandum of agreement must deal, among other things, with the subjects on which there must be cooperation, the manner of cooperating, the issue of advisory opinions on wildlife as well as their communication between and implementation by the departments.

2004, c. 11, s. 39; 2006, c. 3, s. 27.

11.2. In pursuing this mission, the Minister shall establish an environmental management system that may be developed jointly with other departments and bodies concerned.

2005, c. 19, s. 1; 2010, c. 3, s. 309.

11.3. Unless the law provides otherwise, the Minister may,with a view to sustainable development and integrated management of natural resources and lands in the domain of the State, or for any reason the Minister deems of public interest, decommission a road in the lands in the domain of the State.

2006, c. 45, s. 25.

12. The functions and powers of the Minister shall consist more particularly in

(1)  granting and managing rights of ownership and rights of use of hydraulic, mineral, energy and forest resources of the domain of the State;

(2)  managing the lands in the domain of the State, in accordance with the Act respecting the lands in the domain of the State (chapter T-8.1) and with Division II.2 of this Act;

(3)  devising and implementing plans and programs for the conservation, enhancement, development and transformation in Québec of hydraulic, mineral, energy and forest resources;

(4)  setting up laboratories for research in mineralogy, metallurgy, hydraulics and energy and encouraging the setting up of such laboratories;

(5)  constructing and maintaining roads on the lands in the domain of the State;

(6)  encouraging the management, conservation and development of the lands in the domain of the State;

(6.1)  ensuring, in lands in the domain of the State, that development activities, resource development activities and the other activities and uses under the Minister’s responsibility are compatible with the uses set out in the land use plans prepared under Division III of Chapter II of the Act respecting the lands in the domain of the State;

(7)  (paragraph repealed);

(8)  establishing and managing the official cartography and geodesic network of Québec;

(8.1)  providing, on request and in return for payment, specialized services of aerial photography or filming, cartography, geodesy and remote sensing;

(8.2)  supplying, on request and in return for payment, information related to the fields mentioned in paragraph 8.1;

(9)  (paragraph repealed);

(10)  ensuring the maintenance and respect of the territorial integrity of Québec;

(11)  ensuring the control of the development of all hydraulic resources conceded;

(12)  fostering the expansion of Hydro-Québec, particularly by securing for it the development of the hydraulic power available;

(13)  ensuring that energy supplies are maintained;

(14)  developing and implementing energy efficiency and innovation programs and measures;

(14.1)  implementing energy efficiency and innovation measures to reduce greenhouse gas emissions;

(15)  monitoring the quality of energy products, especially in view of their use;

(16)  keeping registers of conceded rights pertaining to the domain of the State;

(16.1)  overseeing all aspects of forest management in forests in the domain of the State;

(16.2)  (paragraph repealed);

(16.3)  encouraging the development of private forests;

(16.4)  establishing, in forests in the domain of the State, forest management units and allocating in such units, up to the maximum allowable annual cut, volumes of round timber to supply wood processing plants, taking other available sources of supply into account;

(16.5)  carrying out, in accordance with the Forest Act (chapter F-4.1), forest management activities;

(16.6)  devising and implementing research and development programs in the fields of forestry and the processing of forest resources;

(16.7)  ensuring the protection of forest resources against fire, epidemics and diseases and carrying out phytosanitary tests on such resources;

(16.8)  contributing to the development, adaptation and modernization of wood processing plants and other activities using ligneous matter;

(16.9)  encouraging the marketing and sale of forest products;

(16.10)  encouraging the participation of the forestry sector in regional development;

(17)  administering the legislation relating to the cadastre, cartography and land registration and mineral, hydraulic, energy and forest resources;

(17.1)  being in charge of the organization and inspection of the Land Registry Office and the registry offices established for the registration divisions in Québec;

(17.2)  having superintendence over the Land Registrar and the deputy registrars;

(17.3)  )renewing the cadastre, keeping cadastral plans up to date and ensuring the publication of cadastral data;

(17.4)  keeping the land register and ensuring the publication of land rights;

(17.5)  (paragraph repealed);

(17.6)  providing, on request and in return for payment, specialized goods and services in the field of land surveying and in the fields referred to in paragraphs 17.3, 17.4 and paragraph 3 of section 12.2;

(17.7)  supplying, on request and in return for payment, information in the field of land surveying and in the fields referred to in paragraph 17.6;

(18)  performing any other function assigned to him by the Government.

1979, c. 81, s. 12; 1987, c. 23, s. 85, s. 86; 1988, c. 43, s. 1; 1990, c. 64, s. 33; 1994, c. 13, s. 6; 1995, c. 20, s. 1; 1997, c. 64, s. 18; 1999, c. 40, s. 189; 2000, c. 42, s. 192; 2006, c. 40, s. 8; 2005, c. 10, s. 69; 2011, c. 16, Sch. II, s. 44.

Not in force

12.0.1. (Not in force).

2007, c. 39, s. 34.

Not in force

12.0.2. (Not in force).

2007, c. 39, s. 34.

12.1. With respect to wildlife, the functions and powers of the Minister consist in

(1)  managing wildlife harvesting activities within the scope of the Act respecting the conservation and development of wildlife (chapter C‐61.1) and the Act respecting hunting and fishing rights in the James Bay and New Québec territories (chapter D‐13.1), in particular with regard to the development and application of related standards, and with regard to authorizations, certificates, licences, and the leasing of exclusive rights;

(2)  ensuring adequate supervision and monitoring of the use of wildlife resources, and safeguarding the integrity of wildlife biodiversity and wildlife settings;

(3)  promoting joint action and ensuring coordination among the stakeholders in the fields of wildlife and wildlife habitats;

(4)  formulating policies concerning wildlife and wildlife habitats, implementing those policies and coordinating their application;

(5)  fostering the development of wildlife on private lands;

(6)  promoting hunting, fishing and trapping, particularly by educating the younger generation;

(7)  (paragraph repealed).

2004, c. 11, s. 40; 2006, c. 3, s. 28.

12.2. The functions and powers of the Minister, as Surveyor-General of Québec, consist in

(1)  surveying the lands in the domain of the State and Québec’s borders;

(2)  describing the limits of administrative territories and territories with special legal status, in cases under the Minister’s authority;

(3)  establishing and updating the Register of the domain of the State; and

(4)  administering the Act respecting land survey (chapter A-22).

2006, c. 40, s. 9.

13. (Repealed).

1979, c. 81, s. 13; 1987, c. 23, s. 87.

14. (Repealed).

1979, c. 81, s. 14; 1987, c. 23, s. 87.

14.1. The Minister shall devise and propose to the Government policies pertaining to the activities of the department. He shall direct and coordinate the implementation of such policies.

1994, c. 13, s. 7.

15. The Minister may, in the exercise of his functions, grant subsidies.

He may also, with the authorization of the Government, grant any other form of financial assistance.

1979, c. 81, s. 15; 1990, c. 64, s. 34; 1994, c. 13, s. 8; 1996, c. 14, s. 30.

16. The Minister, in conformity with the Act, may enter into an agreement with any government or agency in conformity with the interests and rights of Québec to facilitate the carrying out of this Act or of any Act under his administration.

1979, c. 81, s. 16; 1994, c. 13, s. 9; 2003, c. 8, s. 3.

17. (Repealed).

1979, c. 81, s. 17; 1987, c. 23, s. 87.

17.1. Any employee of the department may, in the performance of his duties, enter on or pass over private land at any reasonable time.

The employee shall, on request, identify himself and show the certificate signed by the Minister attesting his capacity.

1987, c. 23, s. 88.

DIVISION II.0.1 CHIEF FORESTER

2005, c. 19, s. 2.

17.1.1. This Act establishes the position of chief forester. The chief forester shall exercise the functions entrusted to the chief forester by this Act, with the independence granted by the Act, and in keeping with the principle of sustainable development.

The Government shall appoint a chief forester from among at least three persons approved by a committee following a selection process established by the Government. The committee is to be composed of three members appointed by the Government.

The chief forester shall hold the position of associate deputy minister for a five-year term in accordance with the Public Service Act (chapter F‐3.1.1).

The term may be renewed by the Government.

2005, c. 19, s. 2.

17.1.2. The chief forester is responsible for

(1)  supervising the operations for calculating the annual allowable cut for each forest management unit and each forest reserve, and proposing special requirements to be imposed on the holders of a timber supply and forest management agreement or a forest management agreement in determining the cut;

(2)  preparing, publishing and updating the forest management manual referred to in section 29 of the Forest Act (chapter F-4.1);

(3)  determining the forest and ecological data required and the steps that must be taken to calculate the annual allowable cut.

The Minister may entrust to the chief forester any other forestry mandate.

2005, c. 19, s. 2; 2007, c. 39, s. 35.

17.1.3. The power provided for in section 35.4 of the Forest Act (chapter F-4.1) to determine annual allowable cuts by species or group of species is exercised by the chief forester.

Such power is exercised every five years, in accordance with the first paragraph of section 35.16 of the Forest Act and, in the cases referred to in the second paragraph of that section, whenever the Minister decides, in accordance with that section, to revise the annual allowable cuts.

The chief forester shall make public the annual allowable cuts and the reasons for determining or revising them.

2005, c. 19, s. 2; 2007, c. 39, s. 36.

17.1.3.1. For the purposes of section 92.0.3.2 of the Forest Act (chapter F-4.1), the chief forester shall determine, for each forest management unit, the available volume of round timber that may be accredited under that section.

The chief forester must ensure, when determining the available volume referred to in the first paragraph of section 92.0.3.2 of that Act, that the harvesting of the timber will not affect the annual allowable cuts assigned to the management units and, when determining the available volume referred to in the second paragraph of that section, that the harvesting of the timber will have no significant impact on the annual yields and the objectives for forest protection or forest development assigned to a management unit.

2007, c. 39, s. 37.

17.1.4. The chief forester shall advise the Minister on

(1)  the content of the plans required under the Forest Act (chapter F‐4.1);

(2)  the plans submitted to the Minister for approval in accordance with the Forest Act; and

(3)  policy and planning in forest research and development.

2005, c. 19, s. 2.

17.1.5. The chief forester shall advise the Minister on any forestry matter the latter submits to the chief forester in respect of either private forests or forests in the domain of the State.

The chief forester shall refer to the Minister any forestry matter that, in the opinion of the chief forester, requires the Government’s attention or action.

2005, c. 19, s. 2.

17.1.6. The advice of the chief forester may be accessed by the public.

2005, c. 19, s. 2.

17.1.7. The chief forester shall draw up a five-year review of the state of the forests in the domain of the State and the results achieved for those forests with respect to sustainable forest development within the meaning of the preliminary provision of the Forest Act (chapter F‐4.1), as well as recommendations to facilitate the pursuit of the chief forester’s mission, and send them to the Minister, at the time and subject to the conditions determined by the Minister.

The Minister shall table the review in the National Assembly within 30 days of receiving it, or, if the Assembly is not in session, within 30 days of resumption. The review is examined by the appropriate committee of the National Assembly.

2005, c. 19, s. 2.

17.1.8. A public body referred to in the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1) must provide the chief forester with the information and documents the latter requires to exercise the functions provided for in this division.

2005, c. 19, s. 2.

17.1.9. Carrying out any investigations the chief forester considers necessary is included in the functions of office.

For the purposes of an investigation, the chief forester is vested with the powers and immunity provided for in the Act respecting public inquiry commissions (chapter C‐37), except the power to order imprisonment.

2005, c. 19, s. 2.

17.1.10. Within three months of the end of each fiscal year, the chief forester shall send the Minister an activities report. That report is appended to the report referred to in section 11.

2005, c. 19, s. 2.

DIVISION II.1 SPECIAL FUNDS

1988, c. 43, s. 2; 2000, c. 42, s. 193.

§ 1 . — Territorial Information Fund

2000, c. 42, s. 193; 2011, c. 16, s. 36.

17.2. The Territorial Information Fund is established.

1988, c. 43, s. 2; 2000, c. 42, s. 194; 2011, c. 16, s. 36.

17.3. The following are credited to the Fund, exclusive of the interest earned:

(1)  the sums received for goods and services financed by the fund;

(2)  the sums transferred to the Fund by the Minister of Finance under sections 53 and 54 of the Financial Administration Act (chapter A-6.001);

(3)  the sums transferred to the Fund by the Minister out of the appropriations allocated for that purpose by Parliament;

(4)  the sums referred to in section 17.12.0.1;

(5)  the fees collected under section 8.1 of the Act to promote the reform of the cadastre in Québec (chapter R-3.1);

(6)  the sums transferred to the Fund in accordance with an order made under the second paragraph of section 17.4.

These sums are credited to the Fund component, provided for in section 17.4, that corresponds to the purposes for which they are paid into or transferred to the Fund.

1988, c. 43, s. 2; 1999, c. 11, s. 52; 2011, c. 16, s. 37; 2011, c. 18, s. 222.

17.4. The Fund shall be used to finance the costs of certain goods and services supplied by the Minister and shall comprise two components:

(1)  the geographic component, dedicated to financing the costs of goods and services supplied under paragraphs 8.1 and 8.2 of section 12;

(2)  the land component, dedicated to financing the costs of goods and services supplied under paragraphs 17.3, 17.4, 17.6 and 17.7 of section 12 and paragraph 3 of section 12.2.

The Government may, on the conditions it determines and on the recommendation of the Minister, order that a part, which it fixes, of any sum that would otherwise be credited to the general fund be credited to the Fund.

An order under the second paragraph may take effect as of the start date of the fiscal year in which it is made.

The Minister may transfer an advance made to one component of the Fund to another.

1988, c. 43, s. 2; 2011, c. 16, s. 38; 2011, c. 18, s. 223.

17.5. (Repealed).

1988, c. 43, s. 2; 1994, c. 13, s. 10; 2000, c. 15, s. 126; 2003, c. 8, s. 2; 2006, c. 3, s. 35; 2011, c. 16, s. 38; 2011, c. 18, s. 224.

17.6. (Replaced).

1988, c. 43, s. 2; 2011, c. 16, s. 38.

17.7. (Replaced).

1988, c. 43, s. 2; 2011, c. 16, s. 38.

17.8. (Repealed).

1988, c. 43, s. 2; 1991, c. 73, s. 6; 2000, c. 8, s. 168; 2000, c. 15, s. 127; 2011, c. 18, s. 225.

17.9. (Repealed).

1988, c. 43, s. 2; 2011, c. 18, s. 225.

17.10. (Repealed).

1988, c. 43, s. 2; 2011, c. 18, s. 225.

17.10.1. (Repealed).

1999, c. 11, s. 53; 2011, c. 16, s. 39; 2011, c. 18, s. 225.

17.11. (Repealed).

1988, c. 43, s. 2; 2011, c. 18, s. 225.

17.12. (Repealed).

1988, c. 43, s. 2; 1999, c. 40, s. 189; 2011, c. 18, s. 225.

17.12.0.1. The Minister may, subject to the applicable legislative provisions and with the authorization of the Government, make agreements with any government, body or person to facilitate the production of the goods and services financed by the Fund. Any sums payable pursuant to such an agreement shall be credited to the Fund.

2011, c. 16, s. 40; 2011, c. 18, s. 226.

§ 2 . —

(Repealed, 2011, c. 16, s. 41).

2000, c. 42, s. 195; 2011, c. 16, s. 41.

17.12.1. (Repealed).

2000, c. 42, s. 195; 2011, c. 16, s. 41.

17.12.2. (Repealed).

2000, c. 42, s. 195; 2011, c. 16, s. 41.

17.12.3. (Repealed).

2000, c. 42, s. 195; 2006, c. 40, s. 10; 2011, c. 16, s. 41.

17.12.4. (Repealed).

2000, c. 42, s. 195; 2003, c. 8, s. 2; 2006, c. 3, s. 35; 2011, c. 16, s. 41.

17.12.5. (Repealed).

2000, c. 42, s. 195; 2011, c. 16, s. 41.

17.12.6. (Repealed).

2000, c. 42, s. 195; 2011, c. 16, s. 41.

17.12.7. (Repealed).

2000, c. 42, s. 195; 2011, c. 16, s. 41.

17.12.8. (Repealed).

2000, c. 42, s. 195; 2011, c. 16, s. 41.

17.12.9. (Repealed).

2000, c. 42, s. 195; 2011, c. 16, s. 41.

17.12.10. (Repealed).

2000, c. 42, s. 195; 2011, c. 16, s. 41.

17.12.11. (Repealed).

2000, c. 42, s. 195; 2011, c. 16, s. 41.

§ 3 . — Natural Resources Fund

2011, c. 16, s. 54.

17.12.12. A Natural Resources Fund is established to finance certain activities of the department. The Fund consists of the following components:

(1)  a forestry component, whose purpose is to finance activities relating to seedling production, forestry inventory data and forestry research and other activities aimed at maintaining or improving the protection, development or processing of forest resources;

In force: 2013-04-01

(2)  a sustainable forest development component, whose purpose is to finance activities relating to sustainable forest development and forest management, increasing timber production, forestry research and other activities relating to forest education and awareness and to the protection, development or processing of forest resources;

(3)  an energy efficiency and innovation component, whose purpose is to finance programs and measures relating to energy efficiency and innovation, and activities relating to the Minister’s responsibilities with regard to such programs and measures;

(4)  a mining heritage component, whose purpose is to finance activities that foster the development of mineral potential, including such activities as geoscience knowledge acquisition, research and development in mining exploration and development and mining site rehabilitation and restoration techniques, and support for the development of Québec entrepreneurship.

The Government may, on the conditions it determines and on the recommendation of the Minister, order that a part, which it fixes, of any sum that would otherwise be credited to the general fund be credited to one of the components of the Fund.

An order under the second paragraph may take effect as of the start date of the fiscal year in which it is made.

The Minister may transfer an advance made to one component of the Fund to another.

2011, c. 16, s. 54; 2011, c. 18, s. 227.

17.12.13. The balance of the Fund corresponds to the sum of the balances of its components.

In addition to the sums credited to those components under the second paragraph of section 17.12.12 and sections 17.12.14 to 17.12.17, the following sums are credited to the appropriate component according to the purpose for which they are transferred to or paid into the Fund:

(1)  the sums transferred to the Fund by the Minister out of the appropriations granted by Parliament for the purpose referred to in section 17.12.12;

(2)  the sums transferred to the Fund by the Minister of Finance under sections 53 and 54 of the Financial Administration Act (chapter A-6.001);

(3)  the gifts, legacies and other contributions paid into the Fund to further its objects.

2011, c. 16, s. 54; 2011, c. 18, s. 228.

17.12.14. The following sums are credited to the forestry component of the Fund:

(1)  the sums collected by the Minister under section 73.5 and the fourth paragraph of sections 92.0.2 and 92.0.11 of the Forest Act (chapter F-4.1) which, in addition to any related surplus, are allocated exclusively to the financing of activities connected with forest management and development;

(2)  the sums collected in respect of the sale of property or services financed by the Fund;

(3)  the part that exceeds $500,000 of the fines paid by offenders during a fiscal year for an offence under the Forest Act or the regulations;

(4)  the sums collected after 31 March 2003 in respect of the sale of timber confiscated by the Minister under section 203 of the Forest Act and the proceeds of the sale of the timber deposited after that date with the Ministère des Finances under section 192 of that Act following the guilty plea or conviction of an offender;

(5)  the damages, including any punitive damages awarded by the court under section 172.3 of the Forest Act, paid following a civil action for damage caused to a forest in the domain of the State, in particular where the person responsible for the damage cut timber illegally;

(6)  the sums paid to reimburse the costs incurred by the Minister under the second paragraph of section 59.2 of the Forest Act to establish a general forest management plan;

(7)  the sums paid to reimburse the costs incurred by the Minister under the second paragraph of section 61 of the Forest Act to establish a corrective plan and the sums paid to reimburse the costs incurred by the Minister under section 61.1 of that Act to perform any contractual obligation referred to in section 60 of that Act which an agreement holder failed to perform;

(8)  the interest on bank balances in proportion to the sums referred to in subparagraph 1 of this paragraph and paragraph 3 of section 17.12.13.

The Government may authorize the transfer to the forestry component of the Fund, out of the sums credited to the general fund, of part of the sums paid under section 71 of the Forest Act by the holders of a timber supply and forest management agreement.

The Government determines the manner in which the sums are transferred to the forestry component of the Fund as well as the activities, from among those for which that component is reserved, that the sums are to be used for.

The surpluses accumulated in the forestry component are transferred to the general fund on the dates and to the extent determined by the Government, in proportion to the sums credited to the forestry component under subparagraph 2 of the first paragraph, the second paragraph and paragraph 1 of section 17.12.13.

2011, c. 16, s. 54; 2011, c. 18, s. 229.

17.12.16. The following sums are credited to the energy efficiency and innovation component of the Fund:

(1)  the sums collected from energy distributors under section 17 of the Act respecting energy efficiency and innovation (chapter E-1.3);

(2)  the fees or other sums collected for services provided by the Minister under an energy efficiency, energy innovation or greenhouse gas reduction program or measure;

(3)  the sums paid as a reimbursement of the costs incurred by the Minister under section 9 or the second paragraph of section 13 of the Act respecting energy efficiency and innovation;

(4)  the fines paid by offenders against the Act respecting energy efficiency and innovation;

(5)  the income from investments of the sums credited to the energy efficiency and innovation component.

2011, c. 16, s. 54; 2011, c. 18, s. 231.

17.12.17. The following sums are credited to the mining heritage component of the Fund:

(1)  the sums collected as mining duties under the Mining Tax Act (chapter I-0.4) and paid into the Fund on the dates and to the extent determined by the Government;

(1.1)  the sums transferred to the Fund by the Minister of Finance in accordance with section 6 of the Act to establish the Northern Plan Fund (chapter F-3.2.1.1.1);

(2)  the income from investments of the sums credited to the mining heritage component.

The surpluses accumulated in the mining heritage component are transferred to the general fund on the dates and to the extent determined by the Government.

2011, c. 16, s. 54; 2011, c. 6, s. 290; 2011, c. 18, Sch. I, s. 13, s. 18; 2011, c. 18, Sch. I, s. 13; 2011, c. 18, s. 232.

17.12.18. (Repealed).

2011, c. 16, s. 54; 2011, c. 18, s. 233.

DIVISION II.2 REGIONAL DEVELOPMENT AND OTHER GOVERNMENTAL POLICIES

1995, c. 20, s. 2.

17.13. The Minister may, with the approval of the Government, prepare programs for the development of lands or forest resources in the domain of the State that are under his authority in order to encourage regional development or implement any other governmental policy.

1995, c. 20, s. 2; 1999, c. 40, s. 189; 2001, c. 6, s. 150.

17.14. The Minister may, for the purposes of such programs, acquire any property, transfer the ownership of, authority over or administration of any land in the domain of the State that is under his authority and of the property situated thereon, transfer such land and property gratuitously, lease them or grant any other right therein to the legal person designated by the Minister.

The Minister may, for the same purposes, in addition to exercising in respect of a forest in the domain of the State that is covered by a program all the powers devolving on the Minister under the Forest Act (chapter F‐4.1), apply any measure the Minister considers necessary for the purpose of fostering sustainable forest development, including a measure granting, for that purpose, any right other than a right under that Act to a person the Minister designates. The rights so granted may not, however, limit the rights previously granted on the forest lands.

The Minister may, for the purposes of such programs, to the extent of and in accordance with their terms and conditions, entrust the management of any land in the domain of the State that is under the Minister’s authority and the property situated thereon or, in a forest reserve, the management of forest resources in the domain of the State, to a legal person, or entrust the management of the management permits for the harvest of firewood for domestic or commercial purposes, in a management unit, to a municipality; such legal person or municipality may in that case exercise the powers and responsibilities entrusted to it by the Minister that are defined in the program. The program shall identify, among the provisions of the Act respecting the lands in the domain of the State (chapter T‐8.1) or among those of Divisions I and II of Chapter II of Title I of the Forest Act as concerns the management permits referred to in paragraphs 1, 2 and 5 of section 10 and those referred to in paragraph 5 of section 24 or in section 24.0.1 of that Act, of Divisions III and IV of that chapter or of Division II of Chapter IV of Title I or of Title VI of the latter Act, the provisions whose application may be delegated to the legal person, as well as the powers and responsibilities vested in the Minister that may be exercised by the legal person.

Where the management of land or forest resources in the domain of the State is entrusted to a municipality by the Minister in accordance with the third paragraph, the Minister may, to the extent necessary to implement a program and according to the terms and conditions specified in the program, determine, among the powers provided for in section 71 of the Act respecting the lands in the domain of the State or in sections 171, 171.1 and 172 of the Forest Act, those that may be exercised by the municipality by means of regulations.

Nothing done by a legal person in exercising powers under a program is binding on the Government.

1995, c. 20, s. 2; 1997, c. 93, s. 126; 1999, c. 40, s. 189; 2001, c. 6, s. 151; 2003, c. 16, s. 51.

17.15. The Minister may, to the extent specified in a program, exempt land and property made subject by the Minister to a program from the application of all or part of the Act respecting the lands in the domain of the State (chapter T-8.1), or exempt a forest in the domain of the State made subject by the Minister to a program from the application of all or part of the Forest Act (chapter F-4.1).

The Minister may also exempt them from a program in order to subject them to another program or to subject them again to the Act respecting the lands in the domain of the State or the Forest Act.

1995, c. 20, s. 2; 1999, c. 40, s. 189; 2001, c. 6, s. 152.

17.16. The Government may, on the conditions it determines, entrust the direction and implementation of a program to the minister it designates.

The designated minister may, for such purposes, exercise any power under sections 17.14 and 17.15 that is conferred on him by the Government.

This section does not apply to a program for the development of forest resources in the domain of the State.

1995, c. 20, s. 2; 2001, c. 6, s. 153.

17.17. Sections 28 and 29 of the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1) do not apply to any land alienated by the Minister in favour of a municipality in accordance with a program.

1995, c. 20, s. 2; 1996, c. 26, s. 85.

17.18. Transfers of ownership effected by the Minister under section 17.14 may be published without it being necessary to observe the prescriptions of the Civil Code and of the regulations thereunder concerning the publication of rights.

The transfers shall be registered in the land register by the registrar on presentation of the act evidencing them.

1995, c. 20, s. 2.

DIVISION III TRANSITIONAL AND FINAL PROVISIONS

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

1979, c. 81, s. 18.

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

1979, c. 81, s. 19.

20. (Omitted).

1979, c. 81, s. 20.

21. (Amendment integrated into c. H-5, s. 24).

1979, c. 81, s. 21.

22. (Amendment integrated into c. H-5, s. 25).

1979, c. 81, s. 22.

23. (Amendment integrated into c. H-5, s. 32).

1979, c. 81, s. 23.

24. (Omitted).

1979, c. 81, s. 24.

25. (Repealed).

1979, c. 81, s. 25; 1986, c. 108, s. 238; 1990, c. 64, s. 35.

26. The regulations and the orders made pursuant to the Act respecting the Ministère des Richesses naturelles (chapter M-26) or the Act respecting the Ministère des Terres et Forêts (chapter M-27) continue to be in force until they are repealed, amended or replaced by regulations or orders made pursuant to this Act.

1979, c. 81, s. 26.

27. The personnel of the Ministère des Richesses naturelles and the personnel of the Ministère des Terres et Forêts in office on 1 April 1980 become, without further formality, the personnel of the Ministère de l’Énergie et des Ressources, as may be determined by the Government.

1979, c. 81, s. 27.

28. The appropriations allocated to the Ministère des Richesses naturelles and the appropriations allocated to the Ministère des Terres et Forêts are transferred to the Ministère de l’Énergie et des Ressources, as the Government may determine.

1979, c. 81, s. 28.

29. The records of the Ministère des Richesses naturelles and the records of the Ministère des Terres et Forêts devolve upon the Ministère de l’Énergie et des Ressources.

1979, c. 81, s. 29.

30. The Minister of Energy and Resources becomes a party to any proceeding to which the Minister of Lands and Forests or the Minister of Natural Resources was a party, without continuance of suit, from 1 April 1980.

1979, c. 81, s. 30.

31. (Omitted).

1979, c. 81, s. 31.

32. (Omitted).

1979, c. 81, s. 32.

33. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter M-15.1 of the Revised Statutes, in force on 1 September 1994, is repealed, effective from the coming into force of chapter M-25.2 of the Revised Statutes.