M-25.2 - Act respecting the Ministère des Ressources naturelles et de la Faune

Full text
chapter M-25.2
Act respecting the Ministère des Ressources naturelles, de la Faune et des Parcs
NATURAL RESOURCES, WILDLIFE AND PARKSNovember 27 2003November 27 2003
This Act was formerly entitled “An Act respecting the Ministère de l’Énergie et des Ressources”. The title was replaced by section 1 of chapter 13 of the statutes of 1994.
The Minister of Sustainable Development, Environment and Parks exercises the functions of the Minister of the Environment provided for in this Act. Order in Council 173-2005 dated 9 March 2005, (2005) 137 G.O. 2 (French), 1043.
The Minister of Sustainable Development, Environment and Parks exercises the functions of the Minister of Natural Resources, Wildlife and Parks provided for in this Act as regards parks. Order in Council 173-2005 dated 9 March 2005, (2005) 137 G.O. 2 (French), 1043.
The Minister of Natural Resources and Wildlife exercises the functions of the Minister of Natural Resources, Wildlife and Parks provided for in this Act as regards natural resources and wildlife. Order in Council 124-2005 dated 18 February 2005, (2005) 137 G.O. 2 (French), 877; Order in Council 172-2005 dated 9 March 2005, (2005) 137 G.O. 2 (French), 1043.
1994, c. 13, s. 1; 2003, c. 8, s. 1.
DIVISION I
ORGANIZATION OF THE DEPARTMENT
1. The Minister of Natural Resources, Wildlife and Parks, designated in this Act as the Minister , has the direction and administration of the Ministère des Ressources naturelles, de la Faune et des Parcs.
He is also the Surveyor-General of Québec.
1979, c. 81, s. 1; 1994, c. 13, s. 2; 2003, c. 8, s. 2.
The Minister of Natural Resources, Wildlife and Parks is designated under the name of Minister of Natural Resources and Wildlife. The Ministère des Ressources naturelles, de la Faune et des Parcs is designated under the name of Ministère des Ressources naturelles et de la Faune. Order in Council 124-2005 dated 18 February 2005, (2005) 137 G.O. 2 (French), 877.
2. The Government, in accordance with the Public Service Act (chapter F‐3.1.1), shall appoint a person as Deputy Minister of Natural Resources, Wildlife and Parks as well as associate deputy ministers and assistant deputy ministers.
1979, c. 81, s. 2; 1994, c. 13, s. 3; 2003, c. 8, s. 2.
3. Under the direction of the Minister, the Deputy Minister has the supervision of the personnel of the department and shall administer its day-to-day business. He shall also exercise the other functions assigned to him by the Government or the Minister.
1979, c. 81, s. 3; 1994, c. 13, s. 4.
4. (Repealed).
1979, c. 81, s. 4; 1994, c. 13, s. 5.
5. The orders of the Deputy Minister must be carried out in the same manner as those of the Minister; his authority is that of the Minister and his official signature gives force and effect to every document within the jurisdiction of the department.
1979, c. 81, s. 5.
6. The personnel necessary for the proper administration of the department shall be appointed in conformity with the Public Service Act (chapter F-3.1.1).
1979, c. 81, s. 6; 1983, c. 55, s. 161; 2000, c. 8, s. 242.
7. The respective duties of the personnel of the department not expressly defined by the Act or by the Government shall be determined by the Minister.
1979, c. 81, s. 7.
8. No deed, document or writing binds the department or may be attributed to the Minister unless it is signed by him, by the Deputy Minister or a member of the personnel of the department and only, in this last case, to the extent determined by regulation of the Government published in the Gazette officielle du Québec.
The Government may, however, upon the conditions it fixes, allow the required signature to be affixed by means of an automatic device to such documents as it determines.
The Government may also allow a facsimile of the required signature to be engraved, lithographed or printed on such documents as it determines; in such a case, the facsimile has the same force as the signature itself, if the document is countersigned by a person authorized by the Minister.
1979, c. 81, s. 8.
9. Any copy of a document forming part of the records of the department, certified true by a person contemplated in the first paragraph of section 8, is authentic and has the same force as the original.
1979, c. 81, s. 9.
10. (Repealed).
1979, c. 81, s. 10; 1983, c. 38, s. 64.
11. The Minister shall table a report of the activities of his department before the National Assembly for each fiscal period, within six months following the end of that period if the National Assembly is sitting or, if it is not, within thirty days following the opening of the next session or following resumption.
1979, c. 81, s. 11.
DIVISION II
FUNCTIONS AND POWERS OF THE MINISTER
12. The functions and powers of the Minister shall consist more particularly in
(1)  granting and managing rights of ownership and rights of use of hydraulic, mineral, energy and forest resources of the domain of the State;
(2)  managing the lands in the domain of the State, in accordance with the Act respecting the lands in the domain of the State (chapter T‐8.1) and with Division II.2 of this Act;
(3)  devising and implementing plans and programs for the conservation, enhancement, development and transformation in Québec of hydraulic, mineral, energy and forest resources;
(4)  setting up laboratories for research in mineralogy, metallurgy, hydraulics and energy and encouraging the setting up of such laboratories;
(5)  constructing and maintaining roads on the lands in the domain of the State;
(6)  encouraging the management, conservation and development of the lands in the domain of the State;
(6.1)  ensuring, in lands in the domain of the State, that development activities, resource development activities and the other activities and uses under the Minister’s responsibility are compatible with the uses set out in the land use plans prepared under Division III of Chapter II of the Act respecting the lands in the domain of the State;
(7)  (paragraph repealed);
(8)  establishing and managing the official cartography and geodesic network of Québec;
(8.1)  providing, on request and in return for payment, specialized services of aerial photography or filming, cartography, geodesy and remote sensing;
(8.2)  supplying, on request and in return for payment, information related to the fields mentioned in paragraph 8.1;
(9)  making a survey of the lands of the domain of the State;
(10)  ensuring the maintenance and respect of the territorial integrity of Québec;
(11)  ensuring the control of the development of all hydraulic resources conceded;
(12)  fostering the expansion of Hydro-Québec, particularly by securing for it the development of the hydraulic power available;
(13)  ensuring that energy supplies are maintained;
(14)  developing energy conservation programs;
(15)  ensuring the control of the quality of energy products and petroleum equipment and their safe distribution and use;
(16)  keeping registers of conceded rights pertaining to the domain of the State;
(16.1)  overseeing all aspects of forest management in forests in the domain of the State;
(16.2)  (paragraph repealed);
(16.3)  encouraging the development of private forests;
(16.4)  establishing, in forests in the domain of the State, forest management units and allocating in such units, up to the maximum allowable annual cut, volumes of round timber to supply wood processing plants, taking other available sources of supply into account;
(16.5)  carrying out, in accordance with the Forest Act (chapter F‐4.1), forest management activities;
(16.6)  devising and implementing research and development programs in the fields of forestry and the processing of forest resources;
(16.7)  ensuring the protection of forest resources against fire, epidemics and diseases and carrying out phytosanitary tests on such resources;
(16.8)  contributing to the development, adaptation and modernization of wood processing plants and other activities using ligneous matter;
(16.9)  encouraging the marketing and sale of forest products;
(16.10)  encouraging the participation of the forestry sector in regional development;
(17)  administering the legislation relating to surveying, cadastre, cartography and land registration and mineral, hydraulic, energy and forest resources;
(17.1)  being in charge of the organization and inspection of the Land Registry Office and the registry offices established for the registration divisions in Québec;
(17.2)  having superintendence over the Land Registrar and the deputy registrars;
(17.3)  )renewing the cadastre, keeping cadastral plans up to date and ensuring the publication of cadastral data;
(17.4)  keeping the land register and ensuring the publication of land rights;
(17.5)  preparing a catalogue of State lands, a register of resource development rights and a terrier, and keeping them up to date;
(17.6)  providing, on request and in return for payment, specialized goods and services in the field of land surveying and in the fields referred to in paragraphs 17.3 to 17.5;
(17.7)  supplying, on request and in return for payment, information in the field of land surveying and in the fields referred to in paragraph 17.6;
(18)  performing any other function assigned to him by the Government.
1979, c. 81, s. 12; 1987, c. 23, s. 85, s. 86; 1988, c. 43, s. 1; 1990, c. 64, s. 33; 1994, c. 13, s. 6; 1995, c. 20, s. 1; 1997, c. 64, s. 18; 1999, c. 40, s. 189; 2000, c. 42, s. 192.
Not in force
12.0.1. (Not in force).
2007, c. 39, s. 34.
Not in force
12.0.2. (Not in force).
2007, c. 39, s. 34.
13. (Repealed).
1979, c. 81, s. 13; 1987, c. 23, s. 87.
14. (Repealed).
1979, c. 81, s. 14; 1987, c. 23, s. 87.
14.1. The Minister shall devise and propose to the Government policies pertaining to the activities of the department. He shall direct and coordinate the implementation of such policies.
1994, c. 13, s. 7.
15. The Minister may, in the exercise of his functions, grant subsidies.
He may also, with the authorization of the Government, grant any other form of financial assistance.
1979, c. 81, s. 15; 1990, c. 64, s. 34; 1994, c. 13, s. 8; 1996, c. 14, s. 30.
16. The Minister, in conformity with the Act, may enter into an agreement with any government or agency in conformity with the interests and rights of Québec to facilitate the carrying out of this Act or of any Act under his administration.
1979, c. 81, s. 16; 1994, c. 13, s. 9; 2003, c. 8, s. 3.
17. (Repealed).
1979, c. 81, s. 17; 1987, c. 23, s. 87.
17.1. Any employee of the department may, in the performance of his duties, enter on or pass over private land at any reasonable time.
The employee shall, on request, identify himself and show the certificate signed by the Minister attesting his capacity.
1987, c. 23, s. 88.
DIVISION II.1
SPECIAL FUNDS
1988, c. 43, s. 2; 2000, c. 42, s. 193.
§ 1.  — Geographic information fund
2000, c. 42, s. 193.
17.2. A geographic information fund is hereby established.
1988, c. 43, s. 2; 2000, c. 42, s. 194.
17.3. The fund shall be constituted of the following sums except interest:
(1)  the sums received for goods and services financed by the fund;
(2)  the sums paid by the Minister of Finance under the first paragraph of section 17.10 and section 17.10.1;
(3)  the sums paid by the Minister out of the appropriations allocated for that purpose by Parliament.
1988, c. 43, s. 2; 1999, c. 11, s. 52.
17.4. The fund shall serve to finance the costs of goods and services supplied by the Minister in accordance with paragraphs 8.1 and 8.2 of section 12.
1988, c. 43, s. 2.
17.5. The sums deposited into the fund shall be managed by the Minister of Finance. They shall be credited to him and deposited with the financial institutions he determines.
The Minister of Natural Resources, Wildlife and Parks shall keep the books of account of the fund and record the financial commitments chargeable to it. The Minister shall also ensure that such commitments and the payments arising therefrom do not exceed and are consistent with the available balances.
1988, c. 43, s. 2; 1994, c. 13, s. 10; 2000, c. 15, s. 126; 2003, c. 8, s. 2.
17.6. The Government shall determine the date on which the fund begins to operate, the assets and liabilities to be posted, the nature of the goods and services to be financed by and the costs to be charged to the fund.
1988, c. 43, s. 2.
17.7. The surpluses accumulated by the fund shall be paid into the consolidated revenue fund on the dates and to the extent determined by the Government.
1988, c. 43, s. 2.
17.8. Sections 20, 21 and 26 to 28, Chapters IV and VI and sections 89 and 90 of the Financial Administration Act (chapter A‐6.001) apply to the fund, with the necessary modifications.
1988, c. 43, s. 2; 1991, c. 73, s. 6; 2000, c. 8, s. 168; 2000, c. 15, s. 127.
17.9. The sums necessary for the payment of the remuneration and expenses pertaining to social benefits and other conditions of employment of the persons assigned, in accordance with the Public Service Act (chapter F-3.1.1), to activities related to the fund shall be taken out of the fund.
1988, c. 43, s. 2.
17.10. The Minister of Finance may, with the authorization of the Government and subject to the conditions it determines, advance to the fund sums taken out of the consolidated revenue fund.
The Minister may, conversely, advance to the consolidated revenue fund, on a short-term basis and subject to the conditions he determines, any part of the sums paid into the fund that is not required for its operation.
Any advance paid into the fund shall be repayable out of that fund.
1988, c. 43, s. 2.
17.10.1. The Minister may, as manager of the fund, borrow from the Minister of Finance sums taken out of the financing fund of the Ministère des Finances.
1999, c. 11, s. 53.
17.11. The fiscal year of the fund ends on 31 March.
1988, c. 43, s. 2.
17.12. Notwithstanding any provision to the contrary, the Minister of Finance shall, in the event of a deficiency in the consolidated revenue fund, pay out of the fund the sums required for the execution of a judgment against the State that has become res judicata.
1988, c. 43, s. 2; 1999, c. 40, s. 189.
§ 2.  — Land information fund
2000, c. 42, s. 195.
17.12.1. A land information fund is hereby established.
2000, c. 42, s. 195.
17.12.2. The fund shall be made up of the following:
(1)  the sums received for the goods and services financed by the fund;
(2)  the sums paid into it by the Minister out of the appropriations allocated for that purpose by Parliament;
(3)  the advances received from the Minister of Finance pursuant to section 17.12.7, and the sums borrowed from the Minister of Finance out of the financing fund of the Ministère des Finances pursuant to section 17.12.8;
(4)  the sums referred to in section 17.12.9; and
(5)  the fees collected pursuant to section 8.1 of the Act to promote the reform of the cadastre in Québec (chapter R‐3.1).
2000, c. 42, s. 195.
17.12.3. The fund shall serve to finance the cost of the goods and services supplied by the Minister pursuant to paragraphs 17.3 to 17.7 of section 12.
2000, c. 42, s. 195.
17.12.4. The management of the sums making up the fund is entrusted to the Minister of Finance. The sums shall be paid to the order of and deposited with the financial institutions designated by the Minister of Finance.
The Minister of Natural Resources, Wildlife and Parks shall keep the books of account of the fund and record the financial commitments chargeable to it. The Minister of Natural Resources, Wildlife and Parks shall also ensure that such commitments and the payments arising therefrom do not exceed and are consistent with the available balances.
2000, c. 42, s. 195; 2003, c. 8, s. 2.
17.12.5. Sections 20, 21 and 26 to 28, Chapters IV and VI and sections 89 and 90 of the Financial Administration Act (chapter A‐6.001) apply to the fund, with the necessary modifications.
2000, c. 42, s. 195.
17.12.6. The remuneration and expenses pertaining to the employment benefits and other employment conditions of the persons assigned, pursuant to the Public Service Act (chapter F-3.1.1), to activities related to the fund shall be paid out of the fund.
2000, c. 42, s. 195.
17.12.7. The Minister of Finance may, with the authorization and subject to the conditions determined by the Government, advance sums to the fund out of the consolidated revenue fund.
The Minister of Finance may, conversely, advance to the consolidated revenue fund, on a short-term basis and subject to the conditions the Minister of Finance determines, any part of the sums making up the fund that is not required for its operation.
Any advance paid into a fund shall be repayable out of that fund.
2000, c. 42, s. 195.
17.12.8. The Minister may, as the manager of the fund, borrow from the Minister of Finance out of the financing fund of the Ministère des Finances.
2000, c. 42, s. 195.
17.12.9. The Minister may, subject to the applicable legislative provisions and with the authorization of the Government, make agreements with any government, body or person to facilitate the production of the goods and services financed by the fund. Any sums payable pursuant to such an agreement shall be paid into the fund.
2000, c. 42, s. 195.
17.12.10. The fiscal year of the fund ends on 31 March.
2000, c. 42, s. 195.
17.12.11. Notwithstanding any provision to the contrary, the Minister of Finance must, in the event of a deficiency in the consolidated revenue fund, pay out of the fund the sums required for the execution of a judgment against the State that has become res judicata.
2000, c. 42, s. 195.
DIVISION II.2
REGIONAL DEVELOPMENT AND OTHER GOVERNMENTAL POLICIES
1995, c. 20, s. 2.
17.13. The Minister may, with the approval of the Government, prepare programs for the development of lands or forest resources in the domain of the State that are under his authority in order to encourage regional development or implement any other governmental policy.
1995, c. 20, s. 2; 1999, c. 40, s. 189; 2001, c. 6, s. 150.
17.14. The Minister may, for the purposes of such programs, acquire any property, transfer the ownership of, authority over or administration of any land in the domain of the State that is under his authority and of the property situated thereon, transfer such land and property gratuitously, lease them or grant any other right therein to the legal person designated by the Minister.
The Minister may, for the same purposes, in addition to exercising in respect of a forest in the domain of the State that is covered by a program all the powers devolving on the Minister under the Forest Act (chapter F-4.1), apply any measure the Minister considers necessary for the purpose of fostering sustainable forest development, including a measure granting, for that purpose, any right other than a right under that Act to a legal person the Minister designates. The rights so granted may not, however, limit the rights previously granted on the forest lands.
The Minister may, for the purposes of such programs, to the extent of and in accordance with their terms and conditions, entrust the management of any land in the domain of the State that is under the Minister’s authority and the property situated thereon or, in a forest reserve, the management of forest resources in the domain of the State, to a legal person, or entrust the management of the management permits for the harvest of firewood for domestic or commercial purposes, in a management unit, to a municipality; such legal person or municipality may in that case exercise the powers and responsibilities entrusted to it by the Minister that are defined in the program. The program shall identify, among the provisions of the Act respecting the lands in the domain of the State (chapter T-8.1) or among those of Divisions I and II of Chapter II of Title I of the Forest Act as concerns the management permits referred to in paragraphs 1, 2 and 5 of section 10 and those referred to in paragraph 5 of section 24 or in section 24.0.1 of that Act, of Divisions III and IV of that chapter or of Division II of Chapter IV of Title I or of Title VI of the latter Act, the provisions whose application may be delegated to the legal person, as well as the powers and responsibilities vested in the Minister that may be exercised by the legal person.
Where the management of land or forest resources in the domain of the State is entrusted to a municipality by the Minister in accordance with the third paragraph, the Minister may, to the extent necessary to implement a program and according to the terms and conditions specified in the program, determine, among the powers provided for in section 71 of the Act respecting the lands in the domain of the State or in sections 171, 171.1 and 172 of the Forest Act, those that may be exercised by the municipality by means of regulations.
Nothing done by a legal person in exercising powers under a program is binding on the Government.
1995, c. 20, s. 2; 1997, c. 93, s. 126; 1999, c. 40, s. 189; 2001, c. 6, s. 151.
17.15. The Minister may, to the extent specified in a program, exempt land and property made subject by the Minister to a program from the application of all or part of the Act respecting the lands in the domain of the State (chapter T-8.1), or exempt a forest in the domain of the State made subject by the Minister to a program from the application of all or part of the Forest Act (chapter F-4.1).
The Minister may also exempt them from a program in order to subject them to another program or to subject them again to the Act respecting the lands in the domain of the State or the Forest Act.
1995, c. 20, s. 2; 1999, c. 40, s. 189; 2001, c. 6, s. 152.
17.16. The Government may, on the conditions it determines, entrust the direction and implementation of a program to the minister it designates.
The designated minister may, for such purposes, exercise any power under sections 17.14 and 17.15 that is conferred on him by the Government.
This section does not apply to a program for the development of forest resources in the domain of the State.
1995, c. 20, s. 2; 2001, c. 6, s. 153.
17.17. Sections 28 and 29 of the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1) do not apply to any land alienated by the Minister in favour of a municipality in accordance with a program.
1995, c. 20, s. 2; 1996, c. 26, s. 85.
17.18. Transfers of ownership effected by the Minister under section 17.14 may be published without it being necessary to observe the prescriptions of the Civil Code and of the regulations thereunder concerning the publication of rights.
The transfers shall be registered in the land register by the registrar on presentation of the act evidencing them.
1995, c. 20, s. 2.
DIVISION III
TRANSITIONAL AND FINAL PROVISIONS
18. (Amendment integrated into c. E-18, s. 4).
1979, c. 81, s. 18.
19. (Amendment integrated into c. M-34, s. 1).
1979, c. 81, s. 19.
20. (Omitted).
1979, c. 81, s. 20.
21. (Amendment integrated into c. H-5, s. 24).
1979, c. 81, s. 21.
22. (Amendment integrated into c. H-5, s. 25).
1979, c. 81, s. 22.
23. (Amendment integrated into c. H-5, s. 32).
1979, c. 81, s. 23.
24. (Omitted).
1979, c. 81, s. 24.
25. (Repealed).
1979, c. 81, s. 25; 1986, c. 108, s. 238; 1990, c. 64, s. 35.
26. The regulations and the orders made pursuant to the Act respecting the Ministère des Richesses naturelles (chapter M-26) or the Act respecting the Ministère des Terres et Forêts (chapter M-27) continue to be in force until they are repealed, amended or replaced by regulations or orders made pursuant to this Act.
1979, c. 81, s. 26.
27. The personnel of the Ministère des Richesses naturelles and the personnel of the Ministère des Terres et Forêts in office on 1 April 1980 become, without further formality, the personnel of the Ministère de l’Énergie et des Ressources, as may be determined by the Government.
1979, c. 81, s. 27.
28. The appropriations allocated to the Ministère des Richesses naturelles and the appropriations allocated to the Ministère des Terres et Forêts are transferred to the Ministère de l’Énergie et des Ressources, as the Government may determine.
1979, c. 81, s. 28.
29. The records of the Ministère des Richesses naturelles and the records of the Ministère des Terres et Forêts devolve upon the Ministère de l’Énergie et des Ressources.
1979, c. 81, s. 29.
30. The Minister of Energy and Resources becomes a party to any proceeding to which the Minister of Lands and Forests or the Minister of Natural Resources was a party, without continuance of suit, from 1 April 1980.
1979, c. 81, s. 30.
31. (Omitted).
1979, c. 81, s. 31.
32. (Omitted).
1979, c. 81, s. 32.
33. (This section ceased to have effect on 17 April 1987).
1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.
REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter M-15.1 of the Revised Statutes, in force on 1 September 1994, is repealed, effective from the coming into force of chapter M-25.2 of the Revised Statutes.