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

Complete guide

Chapter V – Roads, sandpits and forest infrastructures
Division II – Roads
§2. Prohibited construction, improvement or repair

Section 70

The construction or improvement of a road segment longer than 100 m is prohibited in an open peat bog, unless that work is carried out to develop a felling or hauling trail, a trail not intended for motorized all-terrain vehicles or a winter road. The trails and winter roads must be used only where the bearing capacity of the ground allows it, depending on the logging machine, so as not to create ruts.

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Objectives

  • To preserve the integrity of an aquatic, wetland or riparian environment
  • To avoid carrying sediment into an aquatic, wetland or riparian environment

Rules governing the construction or improvement of a road located in an open peat bog

Figure 70 Rules governing the construction or improvement of a road located in an open peat bog

The first paragraph does not apply if the topography or hydrography of the site does not allow for the construction or improvement of a road elsewhere than in the open peat bog and, in accordance with section 41 of the Sustainable Forest Development Act This link opens a new window (chapter A-18.1), the construction or improvement of the road has been authorized by the Minister, or the performance of such work is authorized under a forestry permit or a contract or agreement entered into under that Act. Those situations must be the subject of written applications justifying a departure from the first paragraph and indicating the alternative measures proposed to ensure the protection of the open peat bog.

The Minister consults the Minister responsible for the administration of the Environment Quality Act This link opens a new window (chapter Q-2) where the situations described in the second paragraph require the construction or improvement of the road over a distance of more than 100 m in an open peat bog. 

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Objectives

  • To preserve the integrity of an aquatic, wetland or riparian environment
  • To avoid carrying sediment into an aquatic, wetland or riparian environment
  • To clarify the scope of the Regulation respecting the sustainable development of forests in the domain of the State
  • To protect forest resources during specific road, bridge or culvert construction or improvement work

 

Explanations

A person authorized by the Minister in accordance with section 41 of the Sustainable Forest Development Act This link opens a new window (chapter A-18.1) may build or improve a stretch of road¹ more than 100 m long in an open peat bog if the topography or hydrography of the site does not allow for the work to be carried out elsewhere than in the peat bog.

A person wishing to obtain this authorization msut apply in writing to the regional (in French only) office of the Ministère des Forêts, de la Faune et des Parcs This link opens a new window. The application must contain arguments to justify an exemption from the rule prohibiting the construction or improvement of a stretch of road more than 100 m long in an open peat bog, and must indicate the replacement measurements proposed to protect the environment.

In the case of an application to construct or improve a road over a distance of more than 100 m in an open peat bog, the Minister responsible for applying the Sustainable Forest Development Act This link opens a new window must consult the Minister responsible for applying the Environment Quality Act in order to obtain his or her opinion of the proposed replacement measurements to protect the environment. In light of this opinion, the Minister responsible for applying the Sustainable Forest Development Act may give authorization and specify the conditions that must be met when carrying out the work.

Additional information

The application must be made using the form provided for that purpose. Where the proposed replacement standards fall within the approval framework, authorization may be granted along with certain conditions that must be met when carrying out the work.

Rules governing the construction or improvement of a road located in an open peat bog

Figure 70 Rules governing the construction or improvement of a road located in an open peat bog

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¹ Road other than a felling or hauling trail, a trail not intended for motorized all-terrain vehicles, or a winter road