GUIDE TO THE APPLICATION OF THE REGULATION RESPECTING THE SUSTAINABLE DEVELOPMENT OF FORESTS IN THE DOMAIN OF THE STATE

Complete guide

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:

  1. a protected area, proposed or permanent, of Category I, II or III of the International Union for Conservation of Nature, constituted in accordance with the Natural Heritage Conservation Act This link opens a new window (chapter C-61.01) or the Parks Act  (chapter P-9) and entered in the (in French only) register of protected areas This link opens a new window, unless the carrying out of the activity is authorized under one of those Acts or pursuant to them;
  2. an outdoor recreation centre;
  3. a scenic outlook;
  4. a developed campground;
  5. a wilderness campground;
  6. an accommodation centre;
  7. a rest area;
  8. an island whose area is less than 250 ha;
  9. an observatory;
  10. a public beach;
  11. a water intake;
  12. an archeological site;
  13. a dock site with a boat ramp;
  14. a restaurant or accommodation site;
  15. a burial site;
  16. a complementary vacation site;
  17. an isolated vacation site or other land leased under section 47 of the Act respecting the lands in the domain of the State This link opens a new window (chapter T-8.1);
  18. a grouped vacation site;
  19. a projected site or place, referred to in subparagraphs 2 to 4, 6, 10, 13, 14, 16, 18 and 20, and indicated in a (French website only) regional plan for the development of the public territory This link opens a new window – recreation and tourism sector – or in a regional plan for integrated land and resource development;
  20. a downhill skiing station;
  21. a fish hatchery.

1

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 This link opens a new window 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 This link opens a new window states that a forestry permit is required to carry out certain forest development activities in forests in the domain of the State (section 73 This link opens a new window). 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 This link opens a new window).

The Minister of Energy and Natural Resources oversees the management of lands in the domain of the State This link opens a new window (in French only). 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 This link opens a new window (chapter T 8.1), as mentioned in paragraph 17 of this section.

The regional plan for public land development This link opens a new window (in French only) 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 This link opens a new window (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 This link opens a new window referred to in section 5 of the Cultural Heritage Act This link opens a new window (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. 

2

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 This link opens a new window. Before authorizing the activities, the Minister must consult the Minister responsible for applying the Cultural Heritage Act This link opens a new window 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 This link opens a new window 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 This link opens a new window.

3

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 This link opens a new window and from the Minister responsible for applying the Sustainable Forest Development Act This link opens a new window. 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) This link opens a new window (in French only).