Chapter II – Protection of particular places and territories
Division I – General
§1 – Prohibited forest development activities
Section 3
No forest development activity may be carried out in the following places and territories:
- (subparagraph revoked)
- an outdoor recreation centre;
- a scenic outlook;
- a developed campground;
- a wilderness campground;
- an accommodation centre;
- a rest area;
- an island whose area is less than 250 ha;
- an observatory;
- a public beach;
- a water intake;
- an archeological site;
- a dock site with a boat ramp;
- a restaurant or accommodation site;
- a burial site;
- a complementary vacation site;
- an isolated vacation site or other land leased under section 47 of the Act respecting the lands in the domain of the State (chapter T-8.1
) - a grouped vacation site;
- a projected site or place, referred to in subparagraphs 2 to 4, 6, 10, 13, 14, 16, 18 and 20, and indicated in a regional plan for public land development (in French) – recreation and tourism sector – or in a regional plan for integrated land and resource development;
- a downhill skiing station;
- a fish hatchery.
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Objective
- To preserve the integrity of a particular place or territory.
Explanations
A number of places and territories where forest development activities are prohibited are defined in section 2 of the Regulation.
In spite of this, section 6 allows the holders of certain types of forestry permits to carry out forest development activities in a variety of places and territories. The Minister responsible for enforcing the Sustainable Forest Development Act lists the authorized forest development activities in the forestry permits and sets the conditions that must be met when carrying out the activities.
Additional information
It is important to note that the definition of the term “forest development activity” in section 2 of the Regulation means that the standards set out in sections 3, 5, 19 to 22, 47, 50, 52, 54, 55, 57 and 59 do not apply to the repair, maintenance or closure of forest roads or to the control of fires, insect epidemics and cryptogamic diseases.
The Sustainable Forest Development Act states that a forestry permit is required to carry out certain forest development activities in forests in the domain of the State (section 73 ). The Act allows the Minister to issue a permit authorizing the holder to carry out the forest development activities specified on the permit, on the conditions determined by the Minister (section 74 ).
The Minister of Natural Resources and Forests oversees the management of lands in the domain of the State (in French). The Minister may lease or sell land, or grant other rights of use, for example for land that is leased under section 47 of the Act respecting the lands in the domain of the State (chapter T 8.1), as mentioned in paragraph 17 of this section.
The regional plan for public land development (in French) is intended to establish, in conjunction with regional stakeholders, where, when and how land rights may be issued in order to ensure harmonization of public land use.
The first paragraph does not apply to archeological sites where the Minister has allowed, under the Sustainable Forest Development Act (chapter A-18.1), forest development activities to be carried out. The person carrying out the activities must however leave the soil intact. Furthermore, that person must harvest trees when the ground is frozen at a depth of at least 35 cm.
Before allowing forest development activities to be carried out on an archaeological site other than a site located in a classified or declared heritage site entered in the (in French only) cultural heritage register referred to in section 5 of the Cultural Heritage Act (chapter P-9.002), the Minister consults the Minister responsible for the administration of that Act to obtain his or her opinion on the cultural interest of the site.
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Objectives
- To allow certain forest development activities in or near a particular place
- To reconcile forest development activities with the protection of the cultural heritage
Explanations
A person wishing to carry out forest development activities on an archeological site that is not a classified or declared heritage site must obtain authorization from the Minister responsible for applying the Sustainable Forest Development Act . Before authorizing the activities, the Minister must consult the Minister responsible for applying the Cultural Heritage Act to obtain his or her opinion of the site’s cultural interest. In light of that opinion, the Minister responsible for applying the Sustainable Forest Development Act may grant authorization, stating which forest development activities are permitted and setting the conditions that must be met when they are carried out.
The carrying out of forest development activities on a classified or declared heritage site requires the authorizations provided for in the Cultural Heritage Act .
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Objectives
- To allow certain forest development activities in or near a particular place
- To reconcile forest development activities with the protection of the cultural heritage
Explanations
Two authorizations are needed to carry out forest development activities on a classified or declared heritage site. The person wishing to carry out the activities must obtain authorization from the Minister responsible for applying the Cultural Heritage Act and from the Minister responsible for applying the Sustainable Forest Development Act . The latter, when giving authorization, may specify which forest development activities are permitted and set the conditions to be met when they are carried out.
Additional information
Classified heritage sites are listed in the Répertoire du patrimoine culturel du Québec (Directory of Cultural Heritage) (in French only).
Forest development activities in a protected area, within the meaning of the Natural Heritage Conservation Act (chapter C-61.01 ), established under that Act or the Parks Act (chapter P-9 ) must be carried out in accordance with those Acts.
