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 III – Bridge, culverts, removable structures and rudimentary structures
§2. Prohibited construction, improvement or repair

Section 92

The construction, improvement or repair of a bridge or a culvert between the banks of a watercourse containing any of the species of fish referred to in Schedule 5 is allowed only during the periods of work provided for in that Schedule, which vary depending on the regions and the species of fish present. The work may be carried out outside the periods if all the work is carried out outside the upper limits of the banks or if all the work carried out on the bed of the watercourse is done in less than 72 hours.

Excavation, installation of the conduit, backfilling, stabilization of embankments located between the banks of the watercourse and work on the piers of a bridge are covered by this section.

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Objectives

  • To avoid the construction, improvement or repair of a bridge or culvert during critical periods for fish
  • To allow certain forest development activities in or near a particular place

 

Explanations

When a watercourse contains any of the species referred to in Schedule 5, the construction, improvement or repair of a bridge or a culvert between the banks of the watercourse is permitted only during the work periods indicated in that Schedule, which vary according to the region and the species of fish present.

However, these types of work are permitted in the watercourse regardless of the time of year if they take place outside the upper limits of the banks or if all the work carried out on the bed of the watercourse is done in less than 72 hours.

This section applies to excavation of the watercourse bed, installation of the conduit, backfilling, stabilization of embankments located between the banks of the watercourse and work on the piers of a bridge.

 

Additional information

The species of fish referred to in Schedule 5 are:

smallmouth bass, walleye, sauger, rainbow smelt, Northern pike, lake whitefish, maskinongé, brook trout, ouananiche, yellow perch, salmon, lake trout and species of fish entered on the (in French only) list of wildlife species designated as threatened or vulnerable or likely to be so designated This link opens a new window.

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 (chapter A-18.1), was authorized by the Minister to build or improve a bridge or a culvert outside the periods of work provided for in Schedule 5 or to a person who obtained such an authorization under a forestry permit or a contract or agreement entered into under the Act. 

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Objective

  • 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 may construct or improve a bridge or culvert between the banks of a watercourse containing one of the species of fish referred to in Schedule 5 outside the periods specified in the Schedule. The Minister may grant authorization, specifying the standards that are authorized and the conditions that must be met when carrying out the work.

 

Additional information

A person wishing to obtain authorization for this must apply to the regional office of the Ministère des Forêts, de la Faune et des Parcs (in French only) by completing the form provided for that purpose. The application must describe the situation that justifies completion of the work in accordance with standards different from those enacted in the Regulation. It must also propose replacement measures that will be implemented to achieve the objectives of the regulatory standards from which a departure is requested. Where the proposed replacement standards fall within the approval framework, authorization may be granted along with conditions that must be met when carrying out the work.