Departures

The Sustainable Forest Development Act  (CQLR, chapter A-18.1) and the Regulation respecting the sustainable development of forests in the domain of the State (CQLR, chapter A-18.1, r. 0.01) allow for the imposition or authorization of departures from the forest development standards.

Sustainable Forest Development Act

Section 40 of the Sustainable Forest Development Act allows for departures from the standards of the Regulation respecting the sustainable development of forests in the domain of the State. Under this section, the Minister may impose or authorize forest development standards different from those prescribed by the Regulation respecting the sustainable development of forests in the domain of the State. This section applies to individuals or bodies subject to an integrated forest development plan.

Standards that differ from those prescribed by the Regulation respecting the sustainable development of forests in the domain of the State may be imposed where the prescribed standards do not provide adequate protection for all the resources of a forest due to the characteristics of the forest and the nature of the project to be carried out. New standards may also be imposed to facilitate the conciliation of forest development activities with certain domestic, ritual or social activities of Native communities, or to implement an agreement that the Government has entered into with a Native community.

Standards that differ from those prescribed by the Regulation respecting the sustainable development of forests in the domain of the State may be authorized if a person or body requests authorization from the regional office of the Ministère des Ressources naturelles et des Forêts  (in French only). The request must show that the proposed substitute measures offer equivalent or superior protection for forest resources and the forest environment.

Overriding standards that have been imposed or authorized by the Minister, the sites to which they apply, the mechanisms proposed to enforce them and fines for offences are set out in the integrated forest development plan. The standards from the Regulation respecting the sustainable development of forests in the domain of the State that were overridden are also shown in the plan.

Regulation respecting the sustainable development of forests in the domain of the State

Sections 59, 67, 70, 71, 76, 92, 106 and 108 of Regulation respecting the sustainable development of forests in the domain of the State specify that some road, bridge or culvert construction or improvement work may be performed in accordance with standards that differ from those enacted in the Regulation if the new standards have been authorized by the Minister in compliance with section 41 of the Sustainable Forest Development Act, or by means of a forestry permit or an agreement or contract entered into pursuant to the Act. All the above-mentioned sections of the Regulation respecting the sustainable development of forests in the domain of the State prescribe the situations in which and the conditions on which construction or improvement work may be authorized in accordance with different standards. For example, only topography or hydrography may be invoked as reasons to depart from the first and second paragraphs of section 67.

Departures from the standards set out in sections 59, 67, 70, 71, 76, 92, 106 and 108 of the Regulation respecting the sustainable development of forests in the domain of the State may be granted to anyone who applies to the regional office of the Ministère des Ressources naturelles et des Forêts  (in French only) by completing the prescribed form. The applicant must describe the situation that would justify the application of standards different from those prescribed by the Regulation respecting the sustainable development of forests in the domain of the State, and must also propose the substitution measures that will be implemented to achieve the aims of the regulatory standards from which a departure is requested. Authorization may be granted, on certain conditions, if the proposed standards fall within the approval framework.