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 III – Operations in certain wildlife habitats §2. Woodland caribou habitat, woodland ecotype

Section 59

In the application zone of the (in French only) Plan de rétablissement du caribou forestier This link opens a new window under a program referred to in paragraph 2 of section 7 of the Act respecting threatened or vulnerable species This link opens a new window (chapter E-12.01), no forest development activity may be carried out in a territory of 4 ha or more in a single block, of the LA1 or RE1 ecological type or recognized as being dry bare soil with lichen. That plan is accessible on the website of the department within which the Minister responsible for the application of that plan carries out duties. 

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Objectives

  • To preserve the integrity of a wildlife habitat
  • To maintain the components of the forest cover that provide shelter for wildlife
  • To maintain the components of the forest cover that provide food for wildlife

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. Rules governing forest development activities in the application zone of the Plan de rétablissement du caribou forestier, écotype forestier Figure 59 Rules governing forest development activities in the application zone of the Plan de rétablissement du caribou forestier, écotype forestier
However, a forest development activity may be carried out there if it is authorized as part of an activity or project for which a certificate of authorization was issued following a decision of the authority concerned made under section 31.5, 164 or 201 of the Environment Quality Act This link opens a new window (chapter Q-2) or if it is authorized by the Minister as part of the application of the Sustainable Forest Development Act This link opens a new window (chapter A-18.1) after consulting 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). 

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Objective

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

Explanations

A person holding a certificate of authorization issued under section 31.5, 164 or 201 of the Environment Quality Act This link opens a new window , may carry out a forest development activity in a territory of 4 ha or more in a single block, of the LA1 or RE1 ecological type or recognized as being dry bare soil with lichen. Although a certificate of authorization has been issued, authorization must also be obtained from the Minister responsible for applying the Sustainable Forest Development Act This link opens a new window , who will specify the forest development activities that are authorized and set the conditions that must be met when carrying them out. Under the Sustainable Forest Development Act This link opens a new window, it is also possible to authorize a forest development activity in a territory of 4 ha or more in a single block, of the LA1 or RE1 ecological type or recognized as being dry bare soil with lichen. Before granting authorization, the Minister responsible for applying that Act must consult the Minister responsible for applying the Act respecting the conservation and development of wildlife to obtain his or her opinion of the mitigation measures that have been recommended to maintain the essential components of the woodland caribou, woodland ecotype habitat. 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 and setting the conditions that must be met when they are carried out.
This section does not apply to a person who, in accordance with section 41 of the Sustainable Forest Development Act This link opens a new window, has been authorized by the Minister to build or improve a road in a forest stand referred to in the first paragraph of this section, nor to a person who has obtained such authorization under a forestry permit or a contract or agreement entered into under that Act. 

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Objective

  • To protect forest resources during particular construction or improvement work on a road, bridge or culvert

Explanations

A person authorized by the Minister in compliance with section 41 of the Sustainable Forest Development Act This link opens a new window (chapter A-18.1) may build or improve a road across a territory of 4 ha or more in a single block, of the LA1 or RE1 ecological type or recognized as being dry bare soil with lichen. The Minister may grant authorization and set the conditions to be met when carrying out the work.

Additional information

A person wishing to obtain authorization must apply to the (in French only) regional office of the Ministère des Forêts, de la Faune et des Parcs This link opens a new window by completing the special form. The application must include a description of the situation justifying the use of standards that differ from those enacted in this Regulation, and must propose the alternative measures that the person intends to implement to achieve the objectives of the regulatory standards that will not be applied. Where the proposed alternative standards meet the requirements for approval, authorization may be granted, along with conditions that must be met when carrying out the work.