U-2 - Forest Resources Utilization Act

Full text
chapter U-2
Forest Resources Utilization Act
Chapter U-2 is replaced by the Forest Act (chapter F-4.1). (1986, c. 108, s. 237).
1986, c. 108, s. 237.
1. In this act, unless the context indicates a different meaning, the following terms mean:
(a)  forest concession : any license, lease, contract of lease and hire or of farming-out, or agreement of any kind granting to any person, firm or corporation, under any law, the right to cut wood on any land or lands of the public domain of Québec;
(b)  consumer : any person, firm or corporation having his domicile or its place of business, as the case may be, in Québec and there publishing or printing, or there causing to be published or printed, a newspaper;
(c)  forest product : wood in its raw state or transformed into pulp or wood-pulp by mechanical, chemical or other processes.
R. S. 1964, c. 93, s. 1.
2. Notwithstanding any legislative provision inconsistent herewith, all wood derived from the public domain of Québec, whatever be the nature of the forest concession on which the right to cut the same is based, must be completely processed in Québec.
Wood is completely processed within the meaning of this act when it has undergone all the treatments and processes of manufacture and has passed through all the phases of transformation necessary to render it suitable for the use to which it is intended finally to be put, in such manner that the products thereof have acquired the definitive form in which the merchandise is to be delivered to the consumer.
R. S. 1964, c. 93, s. 2.
3. Notwithstanding section 2, the Government may authorize the shipment outside Québec of incompletely processed wood derived from the public domain of Québec if it seems to be contrary to the general interest to dispose thereof otherwise.
Every order made under the first paragraph shall be tabled before the National Assembly within fifteen days of being made if it is in session, or, if it is not sitting, within fifteen days of the next session.
Such authorization shall be given by means of special permits, for such quantity and on such conditions as the Government may determine.
R. S. 1964, c. 93, s. 3; 1983, c. 54, s. 107.
4. The Government may:
(a)  limit, for such periods as it may specify, the quantities of wood that may be cut on the lands of the public domain of Québec which are subject to cutting rights under a forest concession;
(b)  oblige any person, firm or corporation operating a forest industry or undertaking in which forest products are used, to make reports under oath respecting the wood cut, the wood processed and the wood that has been transformed in any manner, and determine the form of such reports and the time when they must be filed;
(c)  determine the conditions, form and mode of issue of the special permits granted under section 3 and the fees payable on the issue of any such permit;
(d)  enact such other provisions consistent with this act as it deems expedient for the application of the provisions of this Division.
R. S. 1964, c. 93, s. 4.
5. Whosoever infringes or attempts to infringe or assists in the infringement of any provision of this Division or of any order made under section 4 or any condition of a permit granted under section 3 is guilty of an offence and liable, for the first offence, to a fine of not less than $2 000 nor more than $5 000, and for any subsequent offence to a fine of not less than $10 000 nor more than $50 000, in addition to the costs in all cases.
If the offence is committed by a corporation, such fines shall be increased to thrice the amounts specified in the preceding paragraph.
Without prejudice to the aforesaid penalties, any wood in transit, or of which there is reason to believe that any will be shipped in contravention of section 2 or in violation of the conditions of a permit granted under section 3, may be seized and, on proof of the contravention, may be confiscated in favour of the Crown.
R. S. 1964, c. 93, s. 5; 1986, c. 95, s. 337.
6. Proceedings resulting from section 5 shall be brought on the authorization of the Attorney General before a judge of the sessions or a judge of the Provincial Court. Part I only of the Summary Convictions Act (chapter P-15) shall apply to such proceedings.
R. S. 1964, c. 93, s. 6; 1965 (1st sess.), c. 17, s. 2.
7. Notwithstanding any legislative provision inconsistent with this section, the provisions of this act and of every order and regulation made thereunder by the Government shall be deemed to be essential conditions, sine qua non, of every forest concession and to form an integral part thereof, as if they had been expressly incorporated therein.
R. S. 1964, c. 93, s. 7.
8. As regards the matters therein dealt with, the provisions of Division II shall prevail over those of all other acts and of all regulations made under such acts.
R. S. 1964, c. 93, s. 8.
9. This Act shall operate notwithstanding the provisions of sections 2 and 7 to 15 of the Constitution Act, 1982 (Schedule B of the Canada Act, chapter 11 in the 1982 volume of the Acts of the Parliament of the United Kingdom).
1982, c. 21, s. 1.

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 93 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter U-2 of the Revised Statutes.
The Minister for Forests exercises, under the authority of the Minister of Energy and Resources, the functions with respect to the application of this Act. O.C. 2649-85 of 85.12.13, (1986) 118 G.O. 2 (French), 171.