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

Complete guide

Chapter IV – Wildife habitat protection Division I – Prohibited forest development activities

Section 49

Section 47 and the second and third paragraphs of section 48 do not apply to the holder of a forestry permit issued for forest development activities carried out by the holder of mining rights for the purposes of exercising his or her rights, unless the mining activities are to extract surface mineral substances, nor to the holder of a forestry permit issued for wildlife, recreational or agricultural development projects.

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Objective

  • To allow certain forest development activities in or near a particular place

Explanations

A person holding a forestry permit can carry out forest management activities for wildlife, recreational or agricultural development projects in the wildlife habitats mentioned in section 47. The forestry permit lists the forest development activities that are permitted and sets the conditions to be met when they are carried out. In the same wildlife habitats, a holder of mining rights who also holds a forestry permit can carry out forest development activities in the habitats, unless the activities in question are to extract surface mineral substances. The forestry permit lists the forest development activities that are permitted and sets the conditions to be met when they are carried out. The wildlife habitats mentioned in section 47 are:
  1. a caribou calving area north of the 52nd parallel;
  2. a cliff inhabited by a colony of birds;
  3. a muskrat habitat;
  4. the site where a heronry’s nests are located;
  5. an island or peninsula inhabited by a colony of birds;
  6. a salt lick.
A person holding a forestry permit issued for wildlife, recreational or agricultural development projects may carry out, in the floodplain of a waterfowl gathering area, the forest development activities indicated in the second and third paragraphs of section 48. This means that tree pruning, felling or harvesting and preparatory work for forest production purposes are all permitted. Partial cutting may be carried out in these habitats at any time of the year. There are no restrictions on the number of merchantable stems harvested over a ten-year period. The forestry permit lists the forest development activities that are permitted and sets the conditions to be met when they are carried out. The same permissions also apply to a holder of mining rights who also holds a forestry permit to carry out forest development activities in the floodplain of a waterfowl gathering area, unless the activities in question are to extract surface mineral substances. The forestry permit lists the forest development activities that are permitted and sets the conditions to be met when they are carried out.

Additional information

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). 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).
Sections 47 and 48 do not apply to the holder of a forestry permit issued for public utility works. However, before forest development activities required for public utility works and not authorized by sections 47 and 48 may be carried out in all or part of the wildlife habitats referred to in those sections, the Minister consults the Minister responsible for the administration of the Act respecting the conservation and development of wildlife This link opens a new window (chapter C-61.1) before issuing the permit.

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Objective

  • To allow certain forest development activities in or near a particular place

Explanations

A person holding a forestry permit may carry out the forest development activities required for public utility purposes in all or part of a wildlife habitat mentioned in sections 47 and 48, without meeting the conditions set out in those sections. Before issuing the permit, the Minister responsible for applying the Sustainable Forest Development Act This link opens a new window must consult the Minister responsible for applying the Act respecting the conservation and development of wildlife This link opens a new window to obtain his or her opinion of the mitigation measures that have been recommended to protect the wildlife habitats concerned. In light of the opinion, the Minister responsible for applying the Sustainable Forest Development Act may then give authorization, specifying which forest development activities are authorized in the forestry permit and setting the conditions that must be met when they are carried out.

Additional information

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). 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).