M-35.1.2, r. 1 - Order in council respecting the publication of the Agreement concerning a new Relationship between le Gouvernement du Québec and the Crees of Québec

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SCHEDULE C
FORESTRY
Part I (C-1) - MAP OF THE TERRITORY OF APPLICATION OF CHAPTER 3
Part II (C-2) - MOSAIC CUTTING WITH PROTECTION OF REGENERATION AND SOILS
A) Definition
Cutting with protection of regeneration and soils carried out in such a way as to preserve an area of forest between two cutting areas that is at least equivalent in area to the stand harvested.
B) Evaluation criteria
Given that the goal is to offer an alternative to the use of separator strips in a given area, logging operations must therefore be distributed so as to promote and maintain, both temporally and spatially, a set of blocks of different shapes and sizes. Thus:
a) for each logging sector identified in an integrated operational forest development plan (PAFIO), the resi-dual stands to be preserved and those to be cut are shown clearly on maps;
b) subject to the forest development strategies adopted in the tactical integrated forest development plan (PAFIT), in the first phase, logging priority is given to the most mature stands, in order to minimize timber losses;
c) the harvested areas vary in size. At least 20% of the blocks must be less than fifty (50) hectares and at least 70% must be less than one hundred (100) hectares. No more than 30% of the blocks are larger than one hundred (100) hectares, and no block may exceed one hundred and fifty (150) hectares;
d) the residual stands to be preserved are located in priority in mixed forests, as they are relatively rare and play an important role as wildlife habitats;
e) the forest to be preserved between two cutting areas is at least equal in size to the area of the stand harvested (this equivalency may also be calculated for a set of stands located within an annual harvesting sector);
f) the residual forest is composed of productive forest stands more than seven (7) meters high (this will include many remaining stands of twelve (12) meters high, in light of the present composition of the standing forest);
g) the residual forest between two cutting areas is at least two hundred (200) meters wide (long strips of unvarying width must be avoided);
h) the residual forest is left standing for a period long enough to allow the new growth to achieve the required level of development (minimum three (3) meters);
i) except for protective strips described at paragraph a) of section 3.12.1 of Chapter 3 of this Agreement, no residual forest may overlay an existing legally protected area or a site described at section 3.13 of Chapter 3 of this Agreement unless the cree tallyman agrees otherwise.
Part III (C-3) - MAINTENANCE OF A FOREST COVER
A) Hardwood Component in the Whole of each Cree Trapline
In pre-commercial thinning and stand release operations, special attention is given to the conservation of different habitats. For example, it is possible to:
— preserve a certain number of small fruit trees such as sorb and cherry trees;
— preserve hardwood trees in open spaces where there are no coniferous trees;
— provide for operations to be spread over two phases, two (2) or three (3) years apart, in sectors where large regenerated areas are the object of such work;
— on certain rich sites conducive to good hardwood growth, promote the maintaining of enough hardwood trees to ensure the development of mixed forests.
B) Protection of Pre-established Regeneration in the Whole of each Cree Trapline
To limit the impacts of extensive logging in the Territory, it is important to improve the protection given to pre-established regeneration, especially tall regeneration whose presence shortens the revegetation period and restores good habitats for small wildlife species such as hare.
When the conditions allow, cuttings with protection of regeneration and soils must be carried out under a special framework in order to protect tall regeneration. To do this, the following is required:
— adopt appropriate logging techniques (such as multifunctional cutting heads) that leave the best regenerating trees intact;
— select appropriate hauling equipment to limit damage to the new growth;
— survey the new growth before logging, in order to identify the stands that have tall under-storey regeneration.
C) Mixed Forest Stands Development Strategy
Given the importance of mixed stands as wildlife habitats and their rarity in the Territory, it is necessary to develop a distinct development approach for these stands. To this effect, a development guide applicable specifically to the mixed forests is elaborated by the Ministre in close collaboration with the CNG prior to April 1st, 2018. The wildlife and forest-related development objectives will be described, as well as the operational methods required to maintain and renew these stands (logging techniques, features of the stands to be preserved, etc). A copy of the development guide is forwarded to the Cree-Québec Forestry Board for comment and recommendation.
D) Wildlife Habitat Development Directives
Prior to April 1st, 2018, the Ministre elaborates, in close collaboration with the CNG, practical directives guiding the forest development planning process in order to foster the protection and development of wildlife habitats. The Ministre retains the required services of governmental expertise in this field. A copy of the directives is forwarded to the Cree-Québec Forestry Board for comment and recommendation.
Part IV (C-4) - ELABORATION, CONSULTATION AND MONITORING OF FOREST DEVELOPMENT PLANS
OBJECTIVES OF THE JOINT WORKING GROUPS
1. Without restricting the generality of the provisions of the present Agreement, the creation of joint working groups in the concerned Cree communities has, amongst others, the following objectives:
— to ensure the real and significant participation of the Crees in the planning of forest development activities in the Territory in keeping with the principles established in the Agreement;
— to ensure that forest development takes into account the protection of wildlife habitats, and;
— to resolve disputes between users in regard to forestry as they arise.
OBJECTIVES OF LOCAL INTEGRATED LAND AND RESOURCE MANAGEMENT PANELS
2. The integrated resource management table and the local integrated land and resource management panels established in accordance with the Sustainable Forest Development Act and the Agreement on Governance in the James Bay Eeyou Istchee Territory between the Cree of Eeyou Istchee and the Gouvernement du Québec (hereinafter referred to as “local integrated land and resource management panels”) are respectively set up to pursue the following goals:
a) on the Category II lands of the Territory, to ensure that the interests and concerns of the Cree are taken into account, to set local sustainable forest development objectives and to agree upon measures for the harmonization of uses. Prior to this, the CNG takes concerted action with the Cree tallymen and other Cree stakeholders concerned in this respect;
b) on the Category III lands of the Territory to ensure that the interests and concerns of the relevant Crees and the relevant Jamésiens are taken into account, to set local sustainable forest development objectives and to agree upon measures for the harmonization of uses. Prior to this, the EIJBRG takes concerted action with all the relevant Cree and Jamésiens stakeholders in this respect. Cree and Jamésiens stakeholders are equally represented on those panels.
CONSULTATION WITH CREE TALLYMEN AND OTHER RELEVANT CREE STAKEHOLDERS
3. The joint working groups consult with the Cree tallymen and other relevant Cree stakeholders about forest development activities in order to provide information to the local integrated land and resource management panels prior to the elaboration and consultation process related to forest development plans.
Concerning the Category II lands of the Territory, these consultations are carried out under the supervision of the CNG, as provided for by section 2a) of this schedule. In addition, representatives of the Ministre who are members of the relevant local integrated land and resource management panels, may be invited to take part in the meetings of the joint working groups.
A) ELABORATION AND CONSULTATION PROCESS FOR FOREST DEVELOPMENT PLANS
4. The planning process is afterwards implemented in accordance with the measures provided for by the adapted forestry regime and in a manner to take into account the local objectives and the harmonization measures agreed upon by the local integrated land and resource management panels.
TACTICAL INTEGRATED FOREST DEVELOPMENT PLAN (PAFIT)
As stipulated in the Sustainable Forest Development Act, the tactical plan covers a five-year period and contains, among other things, the allowable cuts assigned to the unit, the sustainable forest development objectives, the forest development strategies adopted to ensure that allowable cuts are respected and its objectives are achieved, and the location of the main infrastructures and the areas of increased timber production. In the event the Ministre identifies potential areas of increased timber production in the Territory, the Ministre shall consult with the Crees.
Preparing the Tactical Plan
5. The tactical plan contains a Cree section presenting the location of the sites of interest to the Cree and the forested areas presenting wildlife interest for the Cree. It also contains a statistical overview of the state of the forest in the whole of the Cree trapline, and in the sites of interest to the Cree and the forested areas presenting wildlife interest for the Cree. In addition, it contains a register of the tactical harmonization measures adopted by the Ministre which concern the Crees. The Cree section is not subject to the public consultation process provided for by section 11 of this schedule, neither is it forwarded, as provided for by section 6 thereafter, to the relevant local integrated land and resource management panel in the Category III lands of the Territory.
6. Following the preparation of the draft tactical plan, the Ministre submits it to the relevant local integrated land and resource management panel, in order to ensure that its content is compatible with the interests and concerns of the relevant Cree stakeholders and, with regard to the Category III lands of the Territory, with those of the relevant Jamésien stakeholders. The panel must submit its recommendations to the Ministre no later than thirty (30) days after it receives the draft tactical plan.
With respect to Category II lands of the Territory, each party of the local integrated land and resource management panel can request that a concern, an interest or a local sustainable forest development objective determined by this panel and that has not been taken into account by the Ministre be submitted to a committee composed of a person designated by the CNG and a person designated by the sous-ministre des Forêts, de la Faune et des Parcs from his office. This committee has thirty (30) days, after receipt of this request, to submit its recommendations to the Ministre. The Ministre informs the parties of his decision and his reasons thereof.
With respect to Category III lands of the Territory, a local integrated land and resource management panel can request that a concern, an interest or a local sustainable forest development objective determined by this panel and that has not been taken into account by the Ministre be submitted, with the consent of the EIJBRG, to a committee composed of a person designated by the EIJBRG and a person designated by the sous-ministre des Forêts, de la Faune et des Parcs from his office. This committee has thirty (30) days, after the reception of this request, to submit its recommendations to the Ministre. The Ministre informs the parties of his decision and his reasons thereof.
7. The Ministre adjusts the draft plan if necessary.
Finalization of the Tactical Plan
8. The plan is sent to the joint working groups in each community, and to the Cree-Québec Forestry Board, which ensures that it is processed in accordance with its mandate.
9. No later than thirty (30) days after receiving the plan, the joint working groups transmit their recommendations concerning the submitted plan to the Ministre and to the Cree-Québec Forestry Board, and request any modifications that may be necessary.
10. The Ministre adjusts the plan if necessary.
11. The public consultation is then held by:
a) with regard to planning of forest development activities of the Category II lands of the Territory, the local integrated land and resource management panel;
b) with regard to planning of forest development activities of the Category III lands of the Territory, the EIJBRG;
The body responsible of public consultation sends to the Ministre, no later than thirty (30) days after the public consultation, a report summarizing the comments obtained in the course of the consultation and propose any solutions it deems appropriate where divergent opinions exist.
The Ministre participates in the public consultation in order to provide explanations on the content of the plan.
12. The joint working groups may at this stage assist the concerned communities to participate in the consultations, if the council of each Cree community so chooses, within the framework of the public consultation process.
13. If necessary, the Ministre adjusts the plan before deciding on the date on which it will come into force.
Modifications to the Tactical Plan
14. Amendments to the tactical plan are subject to the same preparation and finalization process as described above.
INTEGRATED OPERATIONAL FOREST DEVELOPMENT PLAN (PAFIO)
As provided for by the Sustainable Forest Development Act, the operational plan basically sets out the forest operations zones in which timber harvesting or other forest development activities are planned under the tactical plan. It also contains the harmonization measures adopted by the Ministre.
15. More precisely, the PAFIO covers the period when the PAFIT applies which corresponds to a period of five (5) years.
The PAFIO also contains a register of the operational harmonization measures of land use adopted by the Ministre and which concern the Crees. This register is not subject to the public consultation process provided for by Section 27 of this Schedule, neither is it forwarded, pursuant to section 17, to the relevant local integrated land and resource management panel in the Category III lands of the Territory.
Preparation of the Operational Plan
16. Prior to the drafting of the PAFIO, the CNG forwards to the Ministre information it holds which is provided by the tallymen and which could be required for the elaboration process of the PAFIO. The joint working groups may organise meetings between Cree tallymen and the Ministre to favour a deeper understanding of the information thus forwarded. The frequency of these meetings is determined by the joint working groups.
17. Following the preparation of the draft PAFIO, it is sent to the relevant local integrated land and resource management panel, to ensure that its content is compatible with the interests and concerns of the relevant Cree stakeholders and, with regard to the Category III lands of the Territory, whith those of the relevant Jamésien stakeholders
18. Following the preparation of the draft PAFIO, the Ministre and the Cree tallyman shall cooperate concerning its content, particularly regarding the choice of location of residual forest blocks to be conserved in the forested areas presenting wildlife interest for the Cree, regarding the road network development and the improvement or repair of impassable roads, regarding the identification of important spawning grounds and regarding harmonization measures to prevent conflictual uses. Amongst other things, the exercise is aimed at allowing the Crees to transmit Cree knowledge that will permit the identification of all their concerns other than the locations of sites of special interest and the forested areas presenting wildlife interest already provided, or any other information relative to those elements composing the Cree section of the PAFIT implemented by the PAFIO. The joint working groups ensure that the Cree tallymen take part in this consultation exercise. Holders of a timber supply guarantee and holders of permits to harvest timber to supply a wood processing plant may be invited to this consultation exercise by the joint working groups.
19. The joint working groups shall provide the necessary support for the resolution of conflicts between the activities of the Crees and forest development activities. These conflicts may be raised as much by the community councils, the Cree Tallymen or by Cree users designated by a Cree Tallyman. The joint working group shall encourage direct dialogue between the parties concerned so as to favour the harmonization of land use. To achieve this, the joint working group may, for example, initiate meetings and provide the information necessary for the resolution of the conflict. Moreover, it shall document and examine these disputes and find solutions that are acceptable to the parties. If no acceptable solution is found, the coordinators examine the dispute and act as mediators.
20. If the mediation fails or at the expiry of a period of forty-five (45) days, both coordinators shall submit a joint statement of the situation to the Ministre together with their recommendations, whether such recommendations are unanimous or not. The Ministre shall thereafter appoint a conciliator. The conciliator shall be the chairman of the Cree-Québec Forestry Board or a person that is independent of the parties and of the holders of timber supply guarantee or of the holders of permits to harvest timber to supply a wood processing plant operating in the Territory, whom will be chosen from a list prepared in advance by the Cree-Québec Forestry Board.
21. The conciliator shall examine the dispute, shall hear the parties and shall present his recommendations to the parties and to the Ministre, at the latest forty-five (45) days after his appointment. The Ministre decides on the measures to apply and informs the parties of his decisions and the reasons therefore. The Ministre sends a copy of his decision to the concerned joint working groups and to the Cree-Québec Forestry Board.
22. The result of the conciliation shall not modify the results of the PAFIT elaboration process and in particular the information provided by the Cree tallyman concerning sites of interest to the Cree and forested areas presenting wildlife interest for the Cree.
23. The Ministre adjusts the draft plan if necessary.
Finalization of the PAFIO
24. The Ministre carries out an internal analysis of the PAFIO to ensure that the applicable provisions of the section entitled “Modalities of the adapted forestry regime” in Chapter 3 of this Agreement are respected, and forwards the results to the joint working groups.
25. The PAFIO shall be sent to the joint working groups of each community as well as to the Cree-Québec Forestry Board, which will treat the plan in conformity with its mandate.
26. Within thirty (30) days of the receipt of the plan, the joint working groups shall forward to the Ministre and to the Cree-Québec Forestry Board their recommendations regarding the plan submitted and shall ask, if applicable, for any necessary corrections. The joint working groups ensure, among other things, that the PAFIO respects the Cree section of the PAFIT.
27. The public consultations are then held by:
a) with regard to planning of forest development activities of the Category II lands of the Territory, the local integrated land and resource management panel;
b) with regard to planning of forest development activities of the Category III lands of the Territory, the EIJBRG.
The body responsible of the public consultation sends to the Ministre, no later than 30 days after the public consultation, a report summarizing the comments obtained in the course of said public consultation and proposes any solutions it deems appropriate where divergent opinions exist.
The Ministre participates to the public consultation in order to provide explanations on the contents of the plan.
28. The joint working groups may at this stage assist the concerned communities to participate in the consultations, if the council of each Cree community so chooses, within the framework of the public consultation process.
29. The joint working groups or certain of their members may seize the Cree-Québec Forestry Board of any dispute, problem or concern relative to the PAFIO, and the Board shall treat the matter in conformity with its mandate.
30. If necessary, the Ministre adjusts the plan before deciding on the date on which it will come into force. The Ministre then sends a notice to the Cree party of the joint working group and to the Cree-Québec Forestry Board, and sends a copy of any amendments to the joint working group.
Modifications to the PAFIO
31. Modifications to the PAFIO that require a modification of the forest development activities provided for in the plan (changes in the field activities) are subject to the same process of preparation and finalization as that previously described.
Annual selection of forest operations zones
32. Each year, the Ministre selects within the PAFIO twice as many forest operation zones than what he can actually authorize during a single year, in order to enhance flexibility in the operational management of timber harvesting or of other forest development activities. The Ministre and the Cree tallyman shall cooperate concerning the content of the annual selection and hold a meeting, at least once a year, for this purpose. The joint working groups ensure that the Cree tallymen take part in this consultation exercise. Holders of a timber supply guarantee and holders of permits to harvest timber to supply a wood processing plant may be invited to this consultation exercise by the joint working groups.
32.1 Each year, the Ministre submits the annual selection to the joint working groups. In the event joint working groups identify problems or concerns regarding its content, they have thirty (30) days after receipt to submit their recommendations to the Ministre.
32.2 The Ministre adjusts the annual selection if necessary and adds to the register referred to in section 15 of this schedule any harmonization measure which is agreed upon, provided that section 31 of this schedule applies to any modification to the PAFIO which substantially change the planned forest development activities.
32.3 Forest operations zones included in an annual selection and which have to be carried over the following year, are presented again by the Ministre to the joint working groups. They may decide to invite the Ministre and the Cree tallyman to a new meeting regarding these forest operations zones.
Conformity of harvesting activities
33. Every year, the Ministre presents to the joint working groups and their coordinators the shapefile of all harvesting activities authorised by the Ministre, and the internal conformity analysis of these activities with the annual statistics of the present Agreement.
B) MONITORING OF FOREST DEVELOPMENT PLANS
Annual monitoring of forest development activities
34. The annual monitoring of forest development activities is aimed at ensuring the respect of the development strategies described in the PAFIT and the activities forecasted in the PAFIO. The forestry monitoring extends to the volumes of wood harvested, the silvicultural treatments undertaken and the application of the standards of forestry development.
35. In the Territory, particular attention shall be given, notably by the joint working groups, to monitor the application of the standards described in the present Agreement as well as the other measures that are set out in the forest development plans, particularly the measures of the Cree section of the PAFIT and those stated in the operational harmonization measures register.
In this context, the joint working groups may act as liaison agent with the planning officers of the ministère des Forêts, de la Faune et des Parcs, to favour an adequate implementation of the operational harmonization measures by holders of timber supply guarantee, holders of permits to harvest timber to supply a wood processing plant and purchasers of standing timber from the Bureau de mise en marché des bois.
36. When they deem it necessary, the joint working groups shall be involved in the process of establishing the program of the annual verification of interventions undertaken by the Ministre. The program includes notably the list of works and standards that will be verified, such as the standards set out in paragraphs c) and d) of section 3.11 of Chapter 3 and paragraph c) of Schedule C-2 of this Agreement, as well as the sampling methods that will be used.
37. The involvement of the joint working groups can take place at the stage of elaborating the annual program or upon receipt of a proposed program from the Ministre. In the latter case, the joint working groups may propose modifications to this annual program. The joint working groups make the necessary recommendations in both cases.
38. In the event that the Ministre refuses to integrate these recommendations into the annual verification program, he explains his position and shall inform the joint working groups or their members of the reasons for not accepting their recommendations.
39. The results of the forest development verification shall be provided to the joint working groups in the form of periodic progress reports on the work and in the form of annual statements of the forest development monitoring, which are prepared by the Ministre. The joint working groups first decide on the method of presenting this annual statement.
40. To allow members of the joint working groups to familiarize themselves with the various forest development activities undertaken as well as the methods of verification applied, joint visits of on-site monitoring operations in Cree traplines shall take place during the season, at a frequency to be determined by the joint working groups.
41. In addition, the information contained in the reports received by the Ministre from any person or body carrying out forest development activities in the forests in the domain of the State are provided to the joint working groups.
42. The joint working groups or their members may make recommendations to the Cree-Québec Forestry Board and to the Ministre regarding any issue connected to the monitoring of forest development activities or such activities. The Cree-Québec Forestry Board may, upon request, obtain copies of documents produced within the framework of the annual monitoring of forest development activities.
Monitoring of the evolution of the forest
43. Each year, the Ministre performs evaluations to assess the evolution of the forest. These inventories permit an evaluation of whether the works previously performed are likely to produce the expected results. These inventories also make it possible to evaluate the evolution of the natural regeneration of forests following forest development activities.
44. To ensure that this monitoring also reflects Cree concerns, the joint working groups shall be involved in the process of establishing its program. The program includes, among other things, the list of works that will be verified as well as the sampling methods that will be used.
45. The joint working groups shall inform the Cree-Québec Forestry Board of proposals for sampling methods for the protection of wildlife habitats.
46. The joint working groups may be involved at the program elaboration stage, or upon receipt of a proposed program from the Ministre. In the latter case, the joint working groups may propose modifications to the program. In both cases, they may make recommendations.
47. The results of the forest development verification are sent to the joint working groups and to the Cree-Québec Forestry Board.
48. The joint working groups or their members may make recommendations to the Cree-Québec Forestry Board and to the Ministre concerning the current state of the forest.
Five-year report
49. Every five (5) years, the Ministre provides the members of the joint working groups with a report concerning the verification and monitoring of the application of the standards and measures set out in the Agreement for each Cree trapline. The report will also contain a description of the state of regeneration for each development unit.
Monitoring of the forest development plans and the standards of this adapted forestry regime
50. When the joint working groups find forestry operations that are not in conformity with the PAFIT or the PAFIO in force, or with other standards of this adapted forestry regime, that the regeneration is inadequate, or any other problem resulting from forest development activities, they shall immediately inform the Cree-Québec Forestry Board and the Ministre, and make recommendations concerning the measures to be taken.
C) TRANSITIONAL MEASURES
51. Following the set-up of the local integrated land and resource management panel on the Category II lands of the Territory, the Ministre consults this panel regarding the PAFIT in force in order to ensure that the interests and concerns of the relevant Crees are taken into account, to set local sustainable forest development objectives and to agree upon measures for the harmonization of uses. Following this consultation, the Ministre adjusts the plan if required.
52. Following the set-up of the integrated land and resource management panels by the EIJBRG, the Ministre consults these panels regarding the PAFIT in force in order to ensure that the interests and concerns of the relevant Crees and the relevant Jamésiens are taken into account, to set local sustainable forest development objectives and to agree upon measures for the harmonization of uses. Following this consultation, the Ministre adjusts the plan if required.
Part V (C-5) – GUIDE
GUIDE
PREPARATION OF SPECIAL DEVELOPMENT PLANS FOR TIMBER DAMAGED BY NATURAL DISTURBANCES
Introduction
In December 2003, the parties agreed on an addition to Chapter 3 of the Agreement Concerning a New Relationship between le Gouvernement du Québec and the Crees of Québec (“the Agreement”), with a view of setting out the rules governing the salvage of timber damaged by natural disturbances.
Subsequently, following harmonization of the adapted forestry regime and the new forest regime described in the Sustainable Forest Development Act, the parties decided, in 2013, to produce a Guide setting out a framework for producing special development plans, which would become a schedule to Chapter 3 of the Agreement.
The Guide applies to every timber salvage operation and every operation designed to bring back production, carried out following a natural disturbance in the territory of the Agreement, as stated at section 3.3. Consequently, all salvage and production restoration activities must be carried out so as to:
(a) mitigate the ecological and environmental impacts;
(b) mitigate the impacts on animal populations;
(c) mitigate the impacts on the Cree traditional way of life;
(d) mitigate other social impacts;
(e) generate positive economic spin-offs for Cree and non-Cree employment; and
(f) mitigate the negative impacts for timber stocks.
All the steps and procedures presented in this guide have been prepared using the ecosystem-based approach. Therefore, timber damaged by natural disturbances can be salvaged, but salvage operations must allow the ecological integrity of the disturbed ecosystem to be maintained. Five main goals are proposed as guidelines:
1. Preservation of biodiversity:
— Maintain sufficient diversity in fire-damaged stands.
— Reproduce the footprint left by the natural disturbance in terms of natural forest attributes.
2. Protection of forest soils and water quality.
3. Development of natural regeneration.
4. Social acceptability.
5. Compliance with the principles of the Agreement.
As stated in articles 3.5 and 3.75 of the Agreement:
“3.5 Subject to adaptations and modifications resulting from the adapted forestry regime for the Territory, Québec’s forest standards apply in the Territory. Subject to section 3.75 of this Chapter, such adaptations and modifications shall not be interpreted so as to restrict or limit these standards.”
“3.75 Subject to the provisions of the JBNQA, in the case of a conflict or incompatibility between the Sustainable Forest Development Act and the regulations thereunder or any other related law and the present adapted forestry regime, the provisions of the adapted forestry regime shall take precedence to the degree necessary to resolve such conflict or incompatibility.”
Definitions
The following terms have the following meaning:
“Dead tree”: A tree whose cambium layer is dead throughout the base circumference. The leaves or needles may remain on the tree for some time, but are no longer green.
“Fire-damaged retention forest”: A fire-damaged forest, regardless of whether or not it is suitable for harvesting based on forest maturity criteria, which is left in place as part of a special development plan.
“Patch of fire-damaged trees”: A group of dead trees or trees at an advanced stage of decline, which were partially or completely burned.
“Patch of live trees”: A group of trees covering more than a hectare that have not been damaged by fire and exhibit no trace of fire damage at ground level or on their trunks or canopies.
“Natural disturbance”: A forest fire, windfall, insect epidemics or cryptogamic diseases likely to trigger salvage operations.
“Ecosystem-based salvage”: An ecological approach applied to planning and implementation of salvage operations in forests disturbed by fire, aimed at ensuring preservation of biodiversity and viability in all the forest ecosystems while meeting socio-economic needs with due respect for the social values associated with the forest environment.
“Productive forest area”: An area used for forestry, i.e. a natural forest or plantation, capable of producing 30 m3 of timber per hectare (10 cm and over) in less than 120 years (Ecoforest Mapping Standard, 1999).
Methodologies and Preparation of Special Plans
Tools to be used when preparing a special plan
In view of the requirements to be met when preparing a special plan, the MFFP’s planners cannot rely solely on standard ecoforest maps.
To begin preparing a plan, the MFFP will require:
– A satellite image to a resolution of 30 m/pixel or less
– The fire characterization map produced by the SOPFEU, or
– An in-house characterization produced in partnership with the Crees (joint flight)
– A tool to predict the regeneration potential of the fire-damaged forests (optional)
Planning and Harvesting Conditions
A. Ecosystem-based salvage
The following conditions will be applied in traplines where salvage operations are likely to be carried out.
The ecosystem-based approach specific to special plans, developed by the MFFP, will be applied in traplines where salvage operations are to be carried out. Under this approach, at least 30% of mature fire-damaged forest will be left in place as part of a special development plan, to allow for maintenance of ecosystem viability.
A.1) Management of patches of live tree
In all cases, the following principles must be applied to patches of live trees located in fire-damaged areas:
– Undamaged stands within the fire’s boundaries should not be harvested, provided they cover at least one hectare and are at least 50 metres wide.
– Crossings are permitted in patches of live trees, but must not exceed 6 metres in width.
– All patches of undamaged forest within the fire perimeter must be preserved.
– Maintenance of a certain percentage will be managed operationally, when harvesting work is carried out, depending on local constraints.
A.2) Typology used
To ensure that a representative portion of fire-damaged retention forest is maintained, the area located inside the fire perimeter is characterized and broken down to show what has and has not been damaged by the fire (live vs. burned). A typology of damaged stand types, taking into account commercial stand values (mature, immature and unproductive) is used to decide on the area that will be maintained as a retention forest. A typology (six to ten types) based on a superposition of fire coverage severity and a group of ecological types is used for this.
A.3) Retention calculation
After six years of using a method in which the percentage of retention forest to be left standing was variable, the parties have now agreed to apply a single retention percentage (30%). This scenario will apply to all fires and windfalls in the territory, regardless of the level of trapline disturbance.
Thirty percent of the fire-damaged forest must be retained for each burn area.
Fire-damaged retention forests are required only in the mature portion of the fire-damaged forest (established using forest maturity criteria).
For mature stands, all elements to be left in place as a result of the various constraints and retention forest requirements are identified and compiled, and the contribution of these areas to the achievement of the retention forest target is calculated. Large retention blocks (over 20 ha), intermediate retention blocks (from 4 ha to 20 ha) and sparse retention blocks (under 4 ha) are included in the calculation.
A.4) Characteristics of retention forests
The contribution of the unsalvaged forest is compared to that of the harvested forest to check for gaps in the diversity of harvest types, identified in section A.2.
To ensure that the retention forest plays its role to the full, its size and shape must reflect certain factors. The plan should be guided by the following aims:
– Ensure that at least 50% of the retention forest is composed of blocks of more than 20 ha.
– Maintain several large blocks (and blocks of varying sizes) rather than a single-block retention forest, to ensure that all stand types are represented properly, and to ensure connectivity for the fire-damaged ecosystem.
– Make sure the different types of stands are properly represented within the blocks.
When fire-damaged retention forests must be added to make up for the gaps identified in the gap analysis, wherever possible a strip of fire-damaged forest should be left around certain types of live patches of more than one hectare, or around burn area peninsulas.
To ensure connectivity between retention forests, they should, as far as possible, be linked by strips of forest alongside watercourses, or by other forest strips.
To ensure that retention forests (fire-damaged and live) are distributed evenly, and to limit any visual impacts, 100% of the logged areas must be located less than 500 metres from retention forest areas of 10 ha or more. To address concerns regarding the visual impact of logging, the parties agree to limit the size of single-block logging areas to no more than 350 ha, by leaving wooded strips where necessary (separated by strips of at least 200 m in the case of blocks covering more than 300 hectares, and strips of at least 40 m in the case of blocks covering less than 300 hectares).
The same precautions as those stipulated in Québec’s forest standards must be taken to protect waterside areas, lakes, watercourses and water quality. Increased protection is required for some mapped intermittent watercourses; in these cases, a wooded strip at least 10 metres in width must be left on both banks1.
Where necessary, a 40-metre wide riparian strip must be left on either side of certain permanent watercourses, to allow for better connectivity between retention forests and to limit the visual impact of salvage blocks, or where the territory concerned is at high risk of erosion or leaching1.
In addition:
– Where possible, in-forest cutting and lopping systems must be used in locations where regeneration conditions are suitable.
– Timber with no market value must be left standing.
– Where the sector permits, as many mixed strata and hardwood-dominated strata as possible must be left in the retention forest.
– Ideally, work should not be carried out on sites sensitive to harvesting (steep slopes, coarse texture, very severe fire at ground level). If harvesting is required, biological legacies should be left and/or harvesting should take place in winter.
1 Refer to the document entitled La recolte dans les forêts brûlées – Enjeux et orientations pour un aménagement écosystémique to see the conditions in which this would be most appropriate: https://www.mffp.gouv.qc.ca/publications/forets/amenagement/forets- brulees-enjeux.pdf
B. Relationship between the special plan and the current annual plan
As soon as it is applied by the authorities, the special plan will replace the approved development plan (with PRAN) in the development unit concerned, for the year in question. The PRAN can be maintained if the special plan does not allow for all the Minister’s forest management undertakings to be fulfilled in the area.
If the special plan causes the allowable cut to be exceeded in the first four years of the period, the plans for subsequent years in those sectors should compensate for this, by reducing harvesting in neighbouring development units for the period in which the special plan applies, and then increasing it again in subsequent years and reducing it in the area covered by the special plan.
When the allowable cut is exceeded in the last year of the five-year period, compensation is no longer possible, and the Minister must therefore give approval for harvesting carried out under the special plan. The DGSL must be informed of this, since it will prepare a note from the Minister for the Associate Deputy Minister, Regional Operations, with a copy to the chief forester.
C. Producing a preliminary special plan
Since optimal salvaging of timber depends on many factors, including the quality of the salvaged timber, it is vital that the salvage process should begin as soon as possible. Accordingly, it is agreed that a preliminary special plan will be tabled as soon as the final disturbance contour is presented to the JWG and the tallymen. The preliminary plan must be checked by the CNG before being presented to the tallymen. It must show the entire road network to be developed and some of the major cutting blocks whose total area should represent, at most, 15% of the entire special plan area. The preliminary plan can be implemented as soon as consultations with the tallyman on the fire contour have been completed.
The blocks and roads presented must be included in the final plan produced pursuant to Section A of this guide.
D. Restoration of production
In the fire-damaged area, following a salvage operation, production restoration activities may be prepared if necessary, directly in the subsequent operational plans. Depending on the state of natural regeneration, the plan will be carried out in every trapline damaged by the natural disturbance, mainly with a view to speeding up tree regeneration and restoring wildlife populations, after sufficient time has been allowed for natural growth to become established.
In addition, the 30% of mature fire-damaged forest left in place as a retention area may also be restored to production after a period of ten years, depending on its capacity to regenerate itself.
The same logic will be applied to immature fire-damaged forests.
Section specific to windfall
Tools to be used when preparing a special plan
To target damaged areas accurately, only aerial photographs will be used.
Planning and Harvesting Conditions
Given that these disturbances are caused by wind, affected areas often take the form of long, thin strips where the systematic presence of retention forests would remove a significant portion of the area to be salvaged.
In addition, windfall severity is not as variable as fire severity, and it is therefore not appropriate to use a varied typology. For the purpose of special development plans, reference is made to windfall classes, and support is given only if more than 33% of the trees in a given area have been overturned.
Special windfall salvage plans will first be presented to the tallymen without retention. During the Cree consultations organized by the JWG, and depending on the specific situation, the MFFP will aim for a final retention of 30% of the damaged forest. The retention area will be arranged basically in blocks of abandoned areas or strips of windfall close to live forests, to ensure connectivity between the two environments. All this will be done in close collaboration, as described in section 18 of Schedule C-4 of this Agreement.
The 30% retention described in the previous paragraph may be lower, and may even be zero, if the tallyman and planner so agree during the consultation.
Insect epidemics section
The guidelines named L’aménagement écosystémique dans un contexte d’épidémie de la tordeuse des bourgeons de l’épinette (MFFP, 2014) prepared by the Forest Management and environment direction will be used as starting point for the Parties to convene of specific salvage modalities in case of Insect epidemics in the Territory.
Cryptogamic Diseases section
Since cases requiring special salvage plans for forests damaged by cryptogamic diseases are rare, the parties agree that plans will be managed on a case-by-case basis.
Section for all types of natural disturbances
Relocation of sites of interest to the Crees
In cases where a natural disturbance affects a site of interest to the Cree (pursuant to 3.9 or 3.10 of the Agreement), the joint working group will meet with the tallymen concerned, or their representatives, to decide whether or not the area should be moved within the trapline, at the tallyman’s discretion. If it is agreed that the site should be moved, it must be taken into account for subsequent amendments to the tactical and operational integrated forest development plans.
Updating of the Guide
The ecosystem-based approach used for this Agreement is currently under development. This Guide may be updated annually, with the consent of the parties, to reflect new knowledge and progress made by the MFFP in its work on the application of the ecosystem-based approach to the salvage of fire-damaged timber.
Monitoring and study
In connection with the updating of this Guide, as mentioned above, the parties agree, as far as possible, to encourage the production of studies on the aspects of biodiversity, economic profitability and social acceptability of current salvage scenarios or past scenarios from the period 2002 to 2014.
Monitoring of special plans will allow, among other things, for identification of potential improvements to management practices, and for verification of the level of satisfaction of the actors involved in implementing them.
Work practices
The methods described here must always be implemented with due regard for safe working practices, established jointly with the Safety Policy. Forestry workers must be free to remove obstacles where necessary, to ensure a safe workplace.
O.C. 507-2002, Sch. C; O.C. 897-2004, ss. 8 to 16; O.C. 679-2007, ss. 3 and 11; 1158-2019O.C. 1158-2019, s. 1.
SCHEDULE C
FORESTRY
Part I (C-1) - MAP OF THE TERRITORY OF APPLICATION OF CHAPTER 3
Part II (C-2) - MOSAIC CUTTING WITH PROTECTION OF REGENERATION AND SOILS
(A) Definition
Cutting with protection of regeneration and soils carried out in such a way as to preserve an area of forest between 2 cutting areas that is at least equivalent in area to the stand harvested.
(B) Evaluation criteria
Given that the goal is to offer an alternative to the use of separator strips in a given area, logging operations must therefore be distributed so as to promote and maintain, both temporally and spatially, a set of blocks of different shapes and sizes. Thus:
(a) for each logging sector identified in an annual forest management plan (AFMP), the residual stands to be preserved and those to be cut will be shown clearly on maps;
(b) in the first phase, logging priority will be given to the most mature stands, in order to minimize timber losses;
(c) the harvested areas will vary in size. At least 20% of the blocks must be less than 50 ha and at least 70% must be less than 100 ha. No more than 30% of the blocks may be larger than 100 ha, and no block may exceed 150 ha;
(d) the residual stands to be preserved must be located in priority in mixed forests, as they are relatively rare and play an important role as wildlife habitats;
(e) the forest to be preserved between 2 cutting areas must be at least equal in size to the area of the stand harvested (this equivalency may also be calculated for a set of stands located within an annual harvesting sector);
(f) the residual forest will be composed of productive forest stands more than 7 m high (this will include many remaining stands of 12 m high, in light of the present composition of the standing forest);
(g) the residual forest between 2 cutting areas must be at least 200 m wide (long strips of unvarying width must be avoided);
(h) the residual forest must be left standing for a period long enough to allow the new growth to achieve the required level of development (minimum 3 m).
Part III (C-3) - MAINTAINING OF A FOREST COVER IN THE WHOLE OF EACH TRAPLINE
(A) Hardwood Component
In pre-commercial thinning and stand release operations, special attention will be given to the conservation of different habitats. For example, it would be possible to:
— preserve a certain number of small fruit trees such as sorb and cherry trees;
— preserve hardwood trees in open spaces where there are no coniferous trees;
— provide for operations to be spread over 2 phases, 2 or 3 years apart, in sectors where large regenerated areas will be the object of such work;
— on certain rich sites conducive to good hardwood growth, promote the maintaining of enough hardwood trees to ensure the development of mixed forests.
(B) Protection of Pre-established Regeneration
To limit the impacts of extensive logging in the Territory, it is important to improve the protection given to pre-established regeneration, especially tall regeneration whose presence shortens the revegetation period and restores good habitats for small wildlife species such as hare.
When the conditions allow, cuttings with protection of regeneration and soils must be carried out under a special framework in order to protect tall regeneration. To do this, the following is required:
— adopt appropriate logging techniques (such as multifunctional cutting heads) that leave the best regenerating trees intact;
— select appropriate hauling equipment to limit damage to the new growth;
— survey the new growth before logging, in order to identify the stands that have tall under-storey regeneration.
(C) Mixed Forest Stands Management Strategy
Given the importance of mixed stands as wildlife habitats and their rarity in the Territory, it is necessary to develop a distinct management approach for these stands. The approach will take the form of a management guide applicable specifically to the mixed forests at the scale of all the traplines of a Cree community. It will be elaborated by the ministère des Ressources naturelles in cooperation with the Cree-Québec Forestry Board. The wildlife and forest-related management objectives will be described, as will the operational methods required to maintain and renew these stands (logging techniques, features of the stands to be preserved, etc).
Part IV (C-4) - ELABORATION, CONSULTATION AND MONITORING OF FOREST MANAGEMENT PLANS
1. OBJECTIVES
(1) Without restricting the generality of the provisions of the present Agreement, the creation of joint working groups in the concerned Cree communities has, amongst others, the following objectives:
— to ensure the real and significant participation of the Crees in the planning of forest management activities in the Territory in keeping with the principles established in the Agreement;
— to ensure that forest management takes into account the protection of wildlife habitats, and;
— to resolve disputes between users in regard to forestry as they arise.
2. GENERAL FOREST MANAGEMENT PLAN
2.1 Determination of the forest protection and development objectives
(2) In taking steps to clarify the forest protection and forest development objectives, the Ministre des Ressources naturelles shall receive the proposals emanating from the concerned joint working groups. The Ministre shall consult the Cree-Québec Forestry Board concerning the objectives to be pursued and shall then forward to the agreement holders those elements to be taken into account during the preparation of the forest management plans.
(3) The clarification of the protection and development objectives that the Ministre may provide to the holders of timber supply and forest management agreements (TSFMA) and forest management agreements (FMA) (hereinafter the “agreement holders”) shall not have the effect of restricting the provisions of the Agreement.
2.2 Preparation of general forest management plans
(4) The planning process shall be implemented according to the measures provided for in the adapted forestry regime.
(5) The general forest management plan shall include a Cree section, which will identify the sites of special interest to the Crees and the forested areas presenting wildlife interest for the Crees and information concerning harmonization measures. This section is established taking into consideration the general principles set forth in the Agreement, the use of the Territory by the Crees and their concerns about the realisation of the planned forest management activities.
(6) Each joint working group shall determine the content of working maps at the scale of its choice, according to the needs of each community for use in the exercise related to the location of sites of special interest to the Crees. After agreement, the maps will be prepared by the Crees or by the ministère des Ressources naturelles according to the choice of each joint working group.
(7) The Cree tallyman will identify the location of sites of special interest to the Crees. The joint working groups shall assist him for this purpose using any means they deem appropriate, including field visits.
(8) The Cree tallyman will also identify the location of forested areas presenting wildlife interest for the Crees, in a spirit of cooperation with other stakeholders in the Territory. The joint working groups shall assist the Cree tallyman during this cooperative effort using the means they deem appropriate.
(9) The joint working groups shall ensure the availability of the location of sites of special interest to the Crees and forested areas presenting wildlife interest for the Crees as identified by the Cree tallyman and the consistency of the selected measures with those agreed to in the section entitled “Modalities of the adapted forestry regime” of Chapter 3 of the Agreement. For the first general plans following the signing of the Agreement, this information shall be made available as soon as possible and at the latest by 31 December 2003.
(10) In the absence of a Cree tallyman or of a Cree user designated by him and capable of identifying the sites of special interest to the Crees and the forested areas presenting wildlife interest for the Crees, another Cree representative may be designated according to the method chosen by the community.
(11) In the case of disputes concerning the location of the forested areas of wildlife interest for the Crees, the Ministre shall favour the location indicated by the Cree tallyman.
(12) Once this exercise is completed, the ministère des Ressources naturelles notifies the holders of TSFMA and FMA of the location of sites of special interest and the forested areas presenting wildlife interest indicated by the Cree tallyman or the Cree users. The agreement holders then undertake the preparation of their general forest management plan accordingly.
(13) From that time, and during the entire process of preparing the general forest management plans, the agreement holders and the Cree tallyman shall cooperate regarding the choice of location of residual forest blocks to be conserved in the areas of Cree wildlife interest, regarding road network development plans and regarding harmonization measures to prevent conflictual uses. Amongst other things, the exercise is aimed at allowing the Crees to transmit Cree knowledge that will permit the identification of all their concerns other than the locations of sites of special interest and the forested areas presenting wildlife interest already provided, or any other information relative to those elements composing the Cree section of the general forest management plans.
(14) If the Crees so require, the joint working groups or certain members thereof shall assist them in this cooperative effort.
(15) The joint working groups of each community shall follow the progress of the elaboration of the general forest management plans and shall ensure the integration of the measures provided in the section entitled “Modalities of the adapted forestry regime” of Chapter 3 of the Agreement.
(16) The joint working groups shall provide the necessary support for the resolution of conflicts between the activities of the Crees and forest management activities. These conflicts may be raised as much by the community councils, Cree users, and Cree tallymen as by agreement holders. The joint working group shall encourage direct dialogue between the parties concerned so as to favour the harmonization of land use. To achieve this, the joint working group may, for example, initiate meetings and provide the information necessary for the resolution of the conflict. If need be, the joint working groups may act in the role of mediator between the parties. Moreover, they shall document and examine these disputes and find solutions that are acceptable to the parties.
(17) If the conflict persists, the concerned groups will present a statement of the situation to the Ministre together with their recommendations. The Ministre shall appoint a conciliator. The conciliator shall be the chairman of the Cree-Québec Forestry Board or a person that is independent of the parties and of agreement holders operating in the Territory, whom will be chosen from a list prepared in advance by the Cree-Québec Forestry Board.
(18) The conciliator shall examine the dispute, shall hear the parties and shall present his recommendations to the parties and to the Ministre. If one or both of the parties refuse to follow the recommendations proposed by the conciliator, the Ministre shall decide on the measures to apply and shall inform the parties of his decisions and the reasons therefor. The Ministre shall send a copy of his decision to the concerned joint working groups and to the Cree-Québec Forestry Board.
(19) The ministère des Ressources naturelles shall provide, upon request, the data and the basis of calculation of the allowable cut (annual allowable cut) for each management unit to the responsible person designated by the Crees. The latter may make recommendations of which he will inform the joint working groups and the Cree-Québec Forestry Board.
(20) If the disputes concern the calculation of the annual allowable cut, the Ministre shall retain an independent specialist to make recommendations. The Cree-Québec Forestry Board may propose a list of specialists to the Ministre. In the event that the Ministre does not select one of the specialists proposed by the Cree-Québec Forestry Board, he shall inform the Board of the reasons for his decision.
(21) The agreement holders then prepare the five-year program so as to reflect all of the objectives pursued, the information provided concerning sites of interest and forested areas of wildlife interest for the Crees, the measures taken following the cooperative process and conciliation, if any, and the measures provided for in the Agreement.
2.3 Approval Procedure for the General Forest Management Plans
(22) Following the submission of the general forest management plans, the ministère des Ressources naturelles shall first proceed to examine the admissibility and conformity of the plans. The ministère des Ressources naturelles shall verify, among other things, that the general plans include the information provided by the Crees concerning the sites of interest for the Crees and the forested areas of wildlife interest for the Crees. It shall also verify that the planned forest management activities respect the provisions of the Agreement.
(23) Plans judged not in conformity shall be returned to the agreement holders and the Ministre shall forward to the Cree-Québec Forestry Board and to the joint working groups the letter stating the reasons for which the plans are judged not in conformity.
(24) Plans that are judged to be in conformity as well as the results of the examination of the admissibility and conformity shall be sent to the joint working groups of each community as well as to the Cree-Québec Forestry Board which will treat the plans in conformity with its mandate.
(25) The joint working groups shall comment on the results of the examination and proceed to such further verifications as are necessary. Within 30 days of the receipt of the plans, the joint working groups shall forward to the Ministre and to the Cree-Québec Forestry Board their recommendations regarding the conformity of the plans submitted and shall ask for any necessary corrections.
(26) The joint working groups may at this stage assist the Crees of the concerned communities to participate in the consultations, if the council of each Cree community so chooses, within the framework of the information and public consultation process.
(27) After having proceeded to make changes, as the case may be, the Ministre shall proceed to the final approval of the general forest management plans.
2.4 Modifications
(28) Modifications of the general forest management plans are subject to the same process of preparation and approval as previously described.
3. ANNUAL FOREST MANAGEMENT PLAN (AFMP)
3.1 Preparation of the annual forest management plan
(29) The joint working groups shall ensure the participation of the Crees in the elaboration of the annual forest management plans. Moreover, they will ensure the availability of information, notably the precise location of the sites of special interest to the Crees and the forested areas presenting wildlife interest for the Crees. Once this information has been validated, it is sent to the agreement holders before 1 September of the year preceding the implementation of the annual plan.
(30) Thereafter and during the entire process of preparation of the annual forest management plans, the agreement holders and the Cree tallyman will concert their efforts so as to prevent conflictual uses and with the goal of establishing harmonization measures. Amongst other things, the exercise is aimed at allowing the Crees to transmit Cree knowledge that will identify their concerns other than the sites of special interest to the Crees and the forested areas presenting wildlife interest for the Crees already provided and any other information relative to those elements composing the Cree section of the general forest management plans implemented in the annual forest management plan.
(31) The joint working groups shall provide the necessary support for the resolution of land use conflicts between the activities of the Crees and forest management activities. These conflicts may be raised as much by the community councils, Cree users, and Cree tallymen as by agreement holders. The joint working group shall encourage direct dialogue between the parties concerned so as to favour the harmonization of land use. To achieve this, the joint working group may, for example, initiate meetings and provide the information necessary for the resolution of the conflict. If need be, the joint working groups may act in the role of mediator between the parties. Moreover, they shall document and examine these disputes and find solutions that are acceptable to the parties.
(32) If the conflict persists, the concerned groups will present a statement of the situation to the Ministre together with their recommendations. The Ministre shall appoint a conciliator. The conciliator shall be the chairman of the Cree-Québec Forestry Board or a person that is independent of the parties and of agreement holders operating in the Territory, whom will be chosen from a list prepared in advance by the Cree-Québec Forestry Board.
(33) The conciliator shall examine the dispute, shall hear the parties and shall present his recommendations to the parties and to the Ministre. If one or both of the parties refuse to follow the recommendations proposed by the conciliator, the Ministre shall decide on the measures to apply and shall inform the parties of his decisions and the reasons therefor. The Ministre shall send a copy of his decision to the concerned joint working groups and to the Cree-Québec Forestry Board.
(34) The result of the conciliation shall not have the effect of modifying the results of the process of elaboration and approval of the general forest management plans and notably the information provided by the Cree tallyman concerning the sites of interest to the Crees and the forested areas presenting wildlife interests for the Crees.
3.2 Approval of the annual forest management plans
(35) Upon receipt of the plans, the ministère des Ressources naturelles proceeds to the evaluation of the admissibility and conformity of the annual forest management plan with the general forest management plan and with the measures provided for in the section entitled “Modalities of the adapted forestry regime” of Chapter 3 of the Agreement.
(36) Plans judged to be not in conformity are returned to the agreement holders. The Ministre shall so advise the Cree-Québec Forestry Board and the joint working groups.
(37) Plans judged to be in conformity are forwarded to the joint working groups of each community and a notice is sent to the Cree-Québec Forestry Board.
(38) The joint working groups shall ensure the conformity of the annual forest management plan with the Cree section of the general forest management plan. The joint working groups also proceed to the additional verifications they deem appropriate. The joint working groups shall also verify if contentious situations persist, shall document and examine them, shall ensure that there are discussions on the issue and shall find solutions acceptable to the parties.
(39) In the event that the annual forest management plans are judged to be not in conformity, the joint working groups shall inform the Ministre and shall make appropriate recommendations within 30 days of receipt of the plans by the joint working groups. The Ministre shall re-evaluate the admissibility and conformity of the annual forest management plan.
(40) The joint working groups or certain of their members may seize the Cree-Québec Forestry Board of any dispute, problem or concern relative to an annual forest management plan and the Board shall treat the matter in conformity with its mandate. The Cree-Québec Forestry Board may obtain from the ministère des Ressources naturelles, by means of a specific request, a copy of any annual forest management plan or modification.
(41) After having proceeded to make changes, as the case may be, the Ministre shall proceed to the final approval of the annual forest management plans, and send a notice to the Cree party to the joint working group and to the Cree-Québec Forestry Board as well as a copy of the modifications to the joint working group.
3.3 Modifications of annual forest management plans
(42) Modifications of the annual forest management plans that require a modification of the forest management activities provided for in the plans (changes in field activities) are subject to the same process of preparation and approval as that previously described.
4. MONITORING OF PLANS
4.1 Annual monitoring of the forest management activities
(43) The annual monitoring of the forest management activities is aimed at ensuring the respect of the management strategies described in the general forest management plan and the activities forecast in the annual forest management plan. The forestry monitoring extends to the volumes of wood harvested, the silvicultural treatments undertaken and the application of the standards of forestry management.
(44) In the Territory, particular attention shall be given to monitoring the application of the standards described in the present Agreement as well as the other measures that are set out in the forest management plans, particularly the measures of the Cree section of the general forest management plans.
(45) When they deem it necessary, the joint working groups shall be involved in the process of establishing the program of the annual verification of forest management activities undertaken by the ministère des Ressources naturelles. The program includes notably the list of works that will be verified as well as the sampling techniques that will be used.
(46) The involvement of the joint working groups can take place at the stage of elaborating the annual program or upon receipt of a proposed program from the ministère des Ressources naturelles. In the latter case, the joint working groups may propose modifications to the annual program. The joint working groups make the necessary recommendations in both cases.
(47) In the event that the Ministre refuses to integrate these recommendations into the annual verification program, he shall explain his position and shall inform the joint working groups or their members of the reasons for not accepting their recommendations.
(48) The results of the forest management verification shall be provided to the joint working groups in the form of periodic progress reports on the work and in the form of annual statements of the forestry management monitoring, which are prepared by the ministère des Ressources naturelles. The joint working groups shall first decide on the method of presenting this annual statement.
(49) To allow members of the joint working groups to familiarize themselves with various forest management activities undertaken as well as the methods of verification applied, joint visits of on-site verification operations in Cree traplines shall take place during the season at a frequency to be determined by the joint working groups.
(50) Moreover, the annual reports on the forest management activities prepared by the agreement holders shall be filed with the joint working groups.
(51) The joint working groups or their members may make recommendations to the Cree-Québec Forestry Board and to the Ministre regarding any issue connected to the monitoring of forest management activities or such activities. The Cree-Québec Forestry Board may obtain copies of documents produced within the framework of the annual monitoring of forest management activities upon request.
4.2 Review of the State of the Forest
(52) Each year, the agreement holders perform evaluations to assess the current state of the forest. For example, inventories are undertaken at silvicultural sites 10 years after planting. These inventories permit an evaluation of whether the works previously performed are likely to produce the expected results as set out in the general forest management plans (validation of the basis of calculation set out in the general forest management plan). These inventories also make it possible to evaluate the evolution of the natural regeneration of the forests following forest management activities.
(53) At present, these reviews of the state of the forest are described in the Manuel d’aménagement forestier published in 1998 and constitute an obligation for the agreement holders. The ministère des Ressources naturelles shall verify the information that is collected by the agreement holders using a sampling process (e.g. verification of 10% of the parcels performed by the agreement holders).
(54) To ensure that the sampling also reflects Cree concerns, the joint working groups shall be involved in the process of establishing the program of validation of information concerning the state of the forest. The program includes, among other things, the list of works that will be verified as well as the sampling techniques that will be used.
(55) The joint working groups shall inform the Cree-Québec Forestry Board of proposals of sampling methods regarding the protection of wildlife habitats.
(56) The involvement of the joint working groups shall take place at the stage of elaborating the annual program or upon receipt of a proposed program from the ministère des Ressources naturelles. In the latter case, the joint working groups may propose modifications to the program. The joint working groups shall make the necessary recommendations in both cases.
(57) The results of the forest management verification shall be provided to the joint working groups and the Cree-Québec Forestry Board.
(58) The joint working groups or their members may make recommendations to the Cree-Québec Forestry Board and to the Ministre regarding any issue concerning the current state of the forest.
(59) Within the framework of the reviews of the state of the forest, the Cree-Québec Forestry Board shall elaborate draft directives aimed at introducing into the forest management planning process strategies that can take into account the protection and development of wildlife habitats. These draft directives shall be transmitted to the Minister before 15 April 2005. If need be, the Ministre will proceed in concert with the other governmental entities concerned.
(60) Directives guiding the elaboration of such management strategies will thereafter be introduced into the Cree section of the general forest management plan. These directives will be the subject of recommendations by the Cree-Québec Forestry Board. This process shall be finalized before 31 December 2005.
4.3 Five-year report
(61) Every 5 years, the ministère des Ressources naturelles will provide the members of the joint working groups a report concerning the verification and monitoring of the application of the standards and measures provided in the Agreement for each Cree trapline. This report will also contain a description of the state of regeneration for each management unit. For the period ending 31 March 2008, a first report covering the period ending 31 March 2005 and a second report covering the period from 1 April 2005 to 31 March 2008 will be provided to the members of the joint working groups.
4.4 Monitoring of the general forest management plans, the annual forest management plans and the standards of the present adapted forestry regime
(62) When the joint working groups find forestry operations that are not in conformity with the approved general forest management plans or annual management plans or with the other standards of the present adapted forestry regime, that the regeneration is inadequate, or any other problem resulting from forest management activities, they shall immediately inform the Cree-Québec Forestry Board and the Ministre des Ressources naturelles, and will make recommendations regarding measures to be taken.
5. TRANSITIONAL MEASURES
(63) Since forest management activities are projected for the Territory between the date of signing of the Agreement and the coming into force of the next general forest management plans, the parties agree to take all necessary measures to ensure that the present adapted forestry regime is operational and progressively integrated into the annual cutting programs for 2002-2003, 2003-2004, 2004-2005, 2005-2006, 2006-2007 and 2007-2008 in the following manner.
5.1 Annual forest management plan 2002-2003
(64) 64. According to the annual forestry management plans filed on or around 1 December 2001, the Cree traplines that are affected by forest management activities during the 2002-2003 year are listed. The list is provided to the Crees as soon as possible after the signature of the Agreement.
(65) Upon the signature of the present Agreement, the ministère des Ressources naturelles will prepare compilations for the entirety of each Cree trapline in which cutting is projected, in order to:
i. ensure the conservation of stands measuring more than 7 m in height in a minimum of 30% of the productive area;
ii. to evaluate the percentage of the productive area that has been subject to fires or CPRS during the last 19 years, so as to:
(a) respect the annual standard of 40% maximum per 20 year period as defined in Section 3.11.1 b of the Agreement;
(b) establish the annual admissible cutting level in accordance with the maxima provided for in the Agreement.
(66) After that, the ministère des Ressources naturelles forwards to the agreement holders concerned the results of the analyses provided for in the previous paragraph, indicating to them to revise their plans so as to:
i. correct, if need be, the total projected cutting area to bring it into conformity with the allowable annual maximum;
ii. revise the surface area of the cutting blocks with buffer strips according to the standard provided for in section 3.11 of Chapter 3 of the Agreement;
iii. apply section 3.12 of Chapter 3 of the Agreement by using only mosaic cutting near watercourses of a width of 5 m or more and lakes of an area greater than 5 km2;
iv. apply the measures provided for in section 3.13 of Chapter 3 of the Agreement to new roads crossing the boundaries of traplines.
(67) In regard to the sites of special interest to the Crees and the forested areas presenting wildlife interest for the Crees, the parties to the present Agreement shall make such efforts as are necessary, whether or not the joint working groups are constituted, to ensure the application of provisions relating to the sites of special interest to the Crees and the forested areas presenting wildlife interest for the Crees in the forestry sectors that are the object of annual planning for 2002-2003 in the manner described hereinafter.
(68) So that the Crees may begin the work related to the measures provided for in sections 3.9 and 3.10 of Chapter 3 of the Agreement, the ministère des Ressources naturelles will provide the Cree party with synthesis maps of the forest management activities planned for the Territory. Topographic maps of a scale of 1:20 000 shall also be provided for each trapline in which forest management activities are projected. The synthesis maps and the topographic maps must be provided to the Cree parties on or before 18 January 2002. These maps will cover all forestry operations including cutting, silvicultural treatments and forest road construction work.
(69) The Crees may map those elements of the provisions regarding sites of special interest to the Crees that are situated in sectors of forestry activity in the annual forest management plans for 2002-2003. The Ministre des Ressources naturelles will be informed of the results of this process as soon as possible.
(70) In regard to the application of those elements of the provisions regarding areas of wildlife interest for the Crees that are situated in sectors of forestry activity in the annual forest management plans for 2002-2003, the Cree tallyman or his designated representative shall identify the areas in which he wants the standards relevant to forested areas of wildlife interest to the Crees to apply. He shall also provide comments concerning the roads that cross the boundaries of the trapline. The Crees will advise the ministère des Ressources naturelles and, if they so decide, the agreement holders concerned.
(71) The process described in the preceding 2 paragraphs must be completed, if possible, prior to 15 February 2002 and at the latest by 28 February 2002. This being a summary process, the parties will recommence the complete process for the year 2003-2004, the results being delivered by September 2002.
(72) If exceptional cases arise after 28 February 2002, the parties will make all necessary efforts so that they may be taken into consideration during the 2002-2003 cutting season.
5.2 Annual forest management plan 2003-2004
(73) For the year 2003-2004, the ministère des Ressources naturelles will provide to the joint working groups, from the existing five-year forest management plans, on or before 1 May 2002:
— a list of affected traplines equivalent to that provided for in paragraph 64 of the present; and
— a synthesis map of the existing five-year plan.
(74) Sections 65 and 66 apply with such adaptations as are necessary. The provisions of sections 29 to 42 related to the preparation, the approval and the modifications of the annual forest management plans also apply, with such adaptations as are necessary, to the 2003-2004 annual plan. The information shall be available in September 2002 for integration into the annual forest management plans for 2003-2004 that are to be filed by 1 December 2002.
5.3 Annual forest management plan 2004-2005
(75) For the year 2004-2005, the ministère des Ressources naturelles will provide to the joint working groups, from the existing five-year forest management plans, on or before 1 May 2003:
— a list of affected traplines equivalent to that provided for in paragraph 64 of the present; and
— a synthesis map of the existing five-year plan.
(76) Sections 65 and 66 apply with such adaptations as are necessary. The provisions of sections 29 to 42 related to the preparation, the approval and the modifications of the annual forest management plans also apply, with such adaptations as are necessary, to the 2004-2005 annual plan. The information shall be available in September 2003 for integration into the annual forest management plans for 2004-2005 that are to be filed by 1 December 2003.
5.3.1 Annual forest management plan and annual forest management permits 2005-2006
(76.1) For the year 2005-2006, the Ministère des Ressources naturelles, de la Faune et des Parcs will provide to the joint working groups, from the existing five-year forest management plans, on or before 1 May 2004:
— a list of affected traplines equivalent to that provided for in section 64 of Part IV (C-4) of the present Schedule; and
— a synthesis map of the existing five-year plan.
(76.2) Sections 65 and 66 apply with such adaptations as are necessary. The provisions of sections 29 to 42 related to the preparation, the approval and the modifications of the annual forest management plans also apply, with such adaptations as are necessary, to the 2005-2006 annual plan. The information must be available in September 2004 for integration into the planning of annual forest management plans for 2005-2006 that are to be filed by 1 December 2004.
5.3.2 Annual Forest Management Plan and Annual Forest Management Permits 2006-2007
(76.3) For the year 2006-2007, the Minister of Natural Resources and Wildlife will provide to the joint working groups, from the existing five-year forest management plans, on or before 1 May 2005:
— a list of affected traplines equivalent to that provided for in section 64 of Part IV (C-4) of the present Schedule; and
— a synthesis map of the existing five-year plan.
(76.4) Sections 65 and 66 apply with such adaptations as are necessary. The provisions of sections 29 to 42 related to the preparation, the approval and the modifications of the annual forest management plans also apply, with such adaptations as are necessary, to the 2006-2007 annual plan. The information must be available in September 2005 for integration into the planning of annual forest management plans for 2006-2007 that are to be filed by 1 December 2005.
5.3.3 Annual Forest Management Plan and Annual Forest Management Permits 2007-2008
(76.5) For the years 2007-2008, the Minister of Natural Resources and Wildlife will provide to the joint working groups, from the existing five-year forest management plans, on or before 1 May 2006.
— a list of affected traplilnes equivalent to that provided for in section 64 of Part IV (C-4) of the present Schedule; and
— a synthesis map of the existing five-year plan.
(76.6) Sections 65 and 66 apply with such adaptations as are necessary. The provisions of sections 29 to 42 related to the preparation, the approval and the modifications of the annual forest management plans also apply, with such adaptations as are necessary, to the 2007-2008 annual plan. The information must be available in September 2006 for integration into the planning of annual forest management plans for 2007-2008 that are to be filed by 1 December 2006.
5.3.4 Other Applicable Measures for 2005-2006, 2006-2007 and 2007-2008
(76.7) From 1 April 2005 until 31 March 2008, the annual allowable cut for species in the fir, spruce, grey pine and larch (FSPL) group in the common areas listed in Schedule 1 of Part IV (C-4) of Schedule C is reduced in the manner indicated in that Schedule and by taking into account the following.
With regard to the common areas located in part in the Territory, the Minister of Natural Resources and Wildlife must presume, solely for the purposes of the spatial distribution of the timber cuts in those common areas, that the annual allowable cut for species in the FSPL group is reduced by 25%, so that the maximum amount of those species that can be authorized for harvesting in the part of the common area located in the Territory may in no case exceed the presumed forest production.
In addition, to the extent possible given the forest composition of the common area, the Minister must ensure that the annual forest management plans for 2005-2006, 2006-2007 and 2007-2008 operate to distribute the total cut over the entire surface area of the common area, so that the percentage of surface area for projected cuts in the part of the common area located in the Territory does not significantly exceed the percentage represented by the ratio between the surface area of that part of the territory and the total surface area of the common area.
From April 2005 until 31 March 2008, the annual allowable cut for species in each common area other than those referred to in the first paragraph is reduced by 5%.
(76.8) For the years 2005-2006, 2006-2007 and 2007-2008, the Minister of Natural Resources and Wildlife must reduce the volumes of timber in the management permits for those years that the holders of timber supply and forest management agreements and forest management agreements would otherwise have been authorized to harvest under their agreement, if, with the application of the aforementioned reduction, the new annual allowable cut for the common area concerned is less than the sum of the volumes of timber indicated in the holders’ agreement that are allocated to them in that common area for the species in the FSPL group or the other species concerned.
In that case, the Minister shall substract the new forest production from the sum of the volumes of timber allocated, and distribute the difference for the species in the FSPL group or the other species concerned among the agreement holders in the common area in proportion to the volume allocated to each. However, the Minister may vary the amount of the reduction in volume from one agreement holder to another, depending on the impact the reduction could have on regional or local economic activity.
(76.9) Despite the Forest Act and sections 76.7 and 76.8, an agreement holder may, with the authorization of the Minister of Natural Resources and Wildlife, harvest in advance, during the years 2005-2006 and 2006-2007, an additional volume of timber not exceeding, during those 2 years, 10% of the annual volume of timber the agreement holder is authorized to harvest under the law and section 76.8.
In 2007-2008, the Minister must, if applicable, adjust the forest management permit for that year to ensure that, for a period of 3 years, the average annual volume harvested by the agreement holder does not exceed the allocations determined under the law and sections 76.7 and 76.8.
(76.10) During the transitional period and despite the terms and conditions of sub-paragraph 3.10.4c) of Chapter 3 of the present Agreement, the annual rate of harvesting authorized in forest areas presenting wildlife interest to the Crees will be modulated according to the level of prior disturbance in each trapline in the following manner. In a trapline where the level of disturbance in the last 20 years is less than 15%, new logging activities may be carried out on an annual maximum of 3% of the productive area of the forested areas presenting wildlife interest in the trapline. This annual percentage should be reduced to 2% when the overall level of disturbance is between 15% and 30% and to 1% when the overall level of disturbance is between 30% and 40%
5.4 Modifications to the five-year forest management plans related to the application of the transitional measures
(77) The five-year forest management plans shall not be interpreted as having the effect of limiting or preventing the application of the transitional measures provided for in the present section.
(77.1) During the transitional period, the application of the new measures of the adapted forestry regime may result in modifications to forestry planning. Considering that these modification will be studied in detail during the approval or modification process for each annual forest management plans, the parties hereto agree that the agreement holders must integrate this new information into the five-year forest management plans without further modalities.
5.4.1 Particular provisions applicable to the five-year forest management plans which are scheduled to come into force on 1 April 2004 or on 1 April 2005
I- Preparation of the five-year forest management plans
(77.2) The five-year forest management plans which are scheduled to come into force on 1 April 2004 or 1 April 2005, as the case may be, and which are scheduled to end on 31 March 2008, will have to include a particular section which will regroup the information to be integrated, such as the sites of interest to the Crees, the forested areas presenting wildlife interest to the Crees and information concerning harmonization measures.
(77.3) The joint working groups shall ensure the participation of the Crees in the elaboration of the five-year forest management plans and shall ensure the availability of the information, notably with respect to the precise location of the sites of interest to the Crees and of the forested areas presenting wildlife interest to the Crees as well as the consistency of the selected measures with those agreed to in the section entitled “Modalities of the adapted forestry regime” of Chapter 3 of the Agreement. To this end, the joint working groups participate in the elaboration of the content of the working maps related to the location of the sites of special interest to the Crees.
(77.4) The Ministère des Ressources naturelles, de la Faune et des Parcs notifies the agreement holders of the location of the sites of interest to the Crees and of the forested areas presenting wildlife interest to the Crees. The agreement holders undertake the preparation of the five-year plan accordingly.
(77.5) From that time, and during the entire process of preparing the five-year plans, the agreement holders and the Cree tallyman shall cooperate regarding the choice of location of residual forest blocks to be conserved in the areas of Cree wildlife interest, regarding road network development plans and regarding harmonization measures to prevent conflictual uses. Amongst other things, the exercise is aimed at allowing the Crees to transmit Cree knowledge that will permit the identification of their concerns other than the location of sites of special interest and of the forested areas presenting wildlife interest which have already been provided.
(77.6) The joint working groups shall follow the progress of the elaboration of the five-year plans by ensuring that, on the date of the filing of such plans, the information referred to in section 77.2 and available on that date, is integrated therein.
(77.7) Sections 31 to 34 of Part IV (C-4) of the present Schedule concerning land use conflicts apply as the case may be.
II- Approval of the five-year forest management plans
(77.8) Following the submission of a five-year forest management plan, the Minister of Natural Resources, Wildlife and Parks shall verify, among other things, that the five-year plan includes the information provided by the Crees concerning the sites of interest to the Crees and the forested areas of wildlife interest to the Crees. He shall also verify that the planned activities (sylvicultural treatments and other forest management activities) respect the provisions of the Agreement.
(77.9) Plans deemed not to be in conformity by the Minister of Natural Resources, Wildlife and Parks are returned to the agreement holders in order that the appropriate corrections be made. The Minister informs the Cree-Québec Forestry Board and the concerned joint working groups accordingly.
(77.10) Plans deemed by the Minister to be in conformity are forwarded to the concerned joint working group and a notice specifying its conformity is sent to the Cree-Québec Forestry Board.
(77.11) In the event that the five-year plan is deemed not to be in conformity by the concerned joint working group, it shall inform the Minister and shall make appropriate recommendations within 30 days of receipt of the plan. The Minister shall re-evaluate the conformity of the five-year plan in light of the recommendations of the joint working group.
(77.12) The joint working groups or certain of their members may refer to the Cree-Québec Forestry Board any dispute, problem or concern relative to a five-year forest management plan and the Board shall treat the matter in conformity with its mandate. The Cree-Québec Forestry Board may obtain from the Ministère des Ressources naturelles, de la Faune et des Parcs, by means of a specific request, a copy of any five-year forest management plan or modifications to such plan.
The joint working groups may at this stage assist the concerned communities to participate in the consultations, if the council of each Cree community so chooses, within the framework of the information and public consultation process.
(77.13) After having proceeded to make changes, as the case may be, the Minister shall proceed to the final approval of the five-year forest management plans and send a notice to the Cree party on the concerned joint working group and to the Cree-Québec Forestry Board as well as a copy of the modifications he has made to the joint working group.
III- Modifications to the five-year forest management plans
(77.14) Modifications to the five-year forest management plans referred to in section 77.2 which involve a modification other than the one referred to in section 77.1 are subject to the same process of preparation and approval as described in sections 77.2 to 77.13.
5.5 Effect of the transitional measures on the preparation of general forest management plans
(78) The application of the present section concerning transitional measures does not affect the process related to the preparation of the general forest management plans.
SCHEDULE 1
(Section 76.7)
Reduction of the annual allowable cut for species in the FSPL group in certain common areas


Common Area Percent Reduction


025-03 20.2%


026-04 23.6%


026-05 24.4%


026-06 25.0%


026-20 24.4%


042-01 21.3%


082-85C 23.8%


083-87N 23.5%


084-03 22.4%


084-04 22.5%


084-20 20.7%


085-20 20.4%


086-01 20.0%


086-03N 25.0%


086-10 25.0%


086-20 24.6%


086-21 24.2%


086-22 25.0%


086-24 21.6%


087-04 23.1%


087-20 23.3%

Part V (C-5) - MAP OF MUSKUCHII TERRITORY
Part VI (C-6) - SALVAGE OF TIMBER IN CASE OF NATURAL DISASTERS
(1) The parties agree that problems exist with respect to the salvage of timber in the Territory referred to in the present Agreement following natural disasters such as forest fires, windfalls, infestations of insects or cryptogamic diseases where substantial damage has been caused to timber stands in a forest area.
(2) The parties agree to undertake discussions in order to resolve these problems, in the spirit of Chapter 3 of the present Agreement.
The parties agree to undertake discussions in order to resolve these problems, in the spirit of Chapter 3 of the present Agreement.
At the outset of the discussions, each party will prepare a report to be remitted to the other party. The parties will thereafter decide whether it is appropriate to prepare a joint report. The parties will submit a final report to the Cree-Québec Forestry Board or to the Standing Liaison Committee at the latest on 31 May 2005.
O.C. 507-2002, Sch. C; O.C. 897-2004, s. 8 to 16; O.C. 679-2007, s. 3 and 11.