A-18.1, r. 8 - Regulation respecting operating permits for wood processing plants

Updated to 1 September 2012

This document has official status.

chapter A-18.1, r. 8

Regulation respecting operating permits for wood processing plants

Forest Act

(chapter F-4.1, s. 172).

The fees prescribed in the Regulation have been indexed as of 1 April 2012 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 26 November 2011, page 1287. (s. 4)

1. For the purposes of Title IV of the Forest Act (chapter F-4.1), the classes of wood processing plants are

(1)  the following industries processing more than 2,000 m3 of timber annually:

(a)  pulp and paper industries manufacturing market pulps, newsprint, building papers, cardboards, low-density board and other paper products such as printing and writing papers, wrapping paper, tissue papers, papers for special uses and toilet papers;

(b)  lumber industries manufacturing building lumber, shop lumber, shingles, pallet, box and container components and other sawed products such as railroad ties, laths and mining timber;

(c)  veneer and plywood industries manufacturing veneers, plywoods, and other products produced by peeling or slicing such as laminated products, tongue depressors and chopsticks;

(d)  wood-derived product industries manufacturing composite panels and other reconstituted products;

(e)  wood turning and shaping industries manufacturing posts, piles, rustic furniture components, log house components and fence posts;

(f)  industries processing wood for electrical power production or metallurgical purposes;

(g)  industries manufacturing charcoal and compressed products for combustion;

(h)  industries processing shrubs or half-shrubs or branches from shrubs or half-shrubs for the production of substances intended for pharmaceutical use; and

(i)  other wood processing industries manufacturing wooden articles, building and packing materials, torrefied wood, mulch and absorbents such as bedding;

(2)  the following industries processing more than 2,000 m3 of timber annually, from forests in the domain of the State, except industries processing sawing by-products:

(a)  industries processing wood for thermal energy production; and

(b)  industries manufacturing products derived from biorefinery.

O.C. 908-88, s. 1; O.C. 271-92, s. 1; O.C. 1400-94, s. 1; O.C. 861-2003, s. 1; O.C. 1073-2004, s. 1; O.C. 1267-2011, s. 1.

2. Any person applying for the issue of a permit to operate a wood processing plant may obtain it on the following conditions:

(1)  the plant covered by the application belongs to a class of plant mentioned in section 1;

(2)  the building of the plant covered by an application for a permit was authorized by the Minister responsible for the application of the Act where such authorization is required;

(3)  the plant has installations capable of processing wood.

O.C. 908-88, s. 2; O.C. 861-2003, s. 2.

3. The holder of an operating permit for a wood processing plant may renew the permit on 1 April of the year it expires on the following conditions:

(1)  the plant covered by the permit renewal application has installations capable of processing wood;

(2)  the conditions appearing on the permit for which the renewal application is made have been complied with;

(3)  a certified copy of the part of the register referred to in section 5 for the period referred to in the second paragraph of that section has been sent to the Minister, together with the information referred to in section 169 of the Forest Act (chapter F-4.1), where applicable, not later than 1 February preceding the permit expiry date; and

(4)  the fees determined in section 4 have been sent to the Minister not later than 1 February preceding the permit expiry date.

O.C. 908-88, s. 3; O.C. 871-89, s. 1; O.C. 1400-94, s. 2; O.C. 1006-2005, s. 1.

4. Every person shall pay the following fees for the issue or renewal of an operating permit for a wood processing plant in accordance with the annual authorized consumption class fixed for his plant:

 
              Annual authorized                                 Fees for
              consumption class                                  permit
                    (m3)                                          ($)

           2,001     to        5,000                               159
           5,001     -        10,000                               281
          10,001     -        15,000                               381
          15,001     -        25,000                               547
          25,001     -        50,000                               890
          50,001     -       100,000                             1,458
         100,001     -       150,000                             1,928
         150,001     -       200,000                             2,316
         200,001     -       300,000                             2,957
         300,001     -       400,000                             3,488
         400,001     -       500,000                             3,929
         500,001     -       600,000                             4,292
         600,001     -       700,000                             4,591
         700,001     -       800,000                             4,875
         800,001     -       900,000                             5,159
         900,001     -     1,000,000                             5,443
       1,000,001     -     1,100,000                             5,727
       1,100,001     -     1,200,000                             6,011
       1,200,001     -     1,300,000                             6,295
       1,300,001     -     1,400,000                             6,579
       1,400,001     -     1,500,000                             6,863
       1,500,001     -     1,600,000                             7,147
       1,600,001     -     1,700,000                             7,430
       1,700,001     -     1,800,000                             7,714
       1,800,001     -     1,900,000                             7,999
       1,900,001     -     2,000,000                             8,283
       2,000,001     -     2,100,000                             8,567
       2,100,001     -     2,200,000                             8,850
       2,200,001     -     2,300,000                             9,134
       2,300,001     -     2,400,000                             9,418
       2,400,001     -     2,500,000                             9,702

        

O.C. 908-88, s. 4; O.C. 271-92, s. 2; O.C. 1400-94, s. 3.

4.1. The amounts provided for in section 4 shall be increased on 1 April of each year on the basis of the rate of increase in the general Consumer Price Index for Canada for the 12-month period ending on 30 September of the preceding year, as determined by Statistics Canada.

The amounts indexed in the prescribed manner shall be reduced to the nearest dollar where they contain a fraction of a dollar less than $0.50; they shall be increased to the nearest dollar where they contain a fraction of a dollar equal to or greater than $0.50.

The Minister of Natural Resources and Wildlife shall inform the public, through the Gazette officielle du Québec and by such other means as the Minister may consider appropriate, of the indexing calculated under this section.

O.C. 271-92, s. 3; O.C. 1400-94, s. 4.

5. The holder of an operating permit for a wood processing plant shall keep a register in the following form:

(1)  the register shall consist of 4 parts: Part I entitled “Identification of the holder of an operating permit for a wood processing plant”; Part II entitled “Inventories, receipt and comsumption of ligneous matter”; Part III entitled “Type and quantities of manufactured products”; Part IV entitled “Statement of the holder of a plant permit on the accuracy of the information given in the register”;

(2)  Parts II and III shall contain only information applicable to the permit holder’s plant; and

(3)  the permit holder shall use the form provided by the Minister or a computer data base provided by the Minister and containing the particulars mentioned in this section.

The holder must send to the Minister, not later than 1 February of each year, a certified copy of the part of the register covering the period provided for in the paragraph 4 of section 176 of the Sustainable Forest Development Act (chapter A-18.1).

O.C. 908-88, s. 5; O.C. 1400-94, s. 5; O.C. 1006-2005, s. 2.

6. Every holder of an operating permit for a wood processing plant who contravenes any provision of section 5 is guilty of an offence and is liable to the fine provided for in paragraph 3 of section 244 of the Sustainable Forest Development Act (chapter A-18.1).

O.C. 908-88, s. 6; O.C. 1006-2005, s. 3.

7. (Revoked).

O.C. 908-88, s. 7; O.C. 1006-2005, s. 4.

8. (Omitted).

O.C. 908-88, s. 8.

9. (Omitted).

O.C. 908-88, s. 9.

REFERENCES

O.C. 908-88, 1988 G.O. 2, 2351

O.C. 871-89, 1989 G.O. 2, 2346

O.C. 271-92, 1992 G.O. 2, 1061

O.C. 1400-94, 1994 G.O. 2, 4166

O.C. 861-2003, 2003 G.O. 2, 2725

O.C. 1073-2004, 2004 G.O. 2, 3262

O.C. 1006-2005, 2005 G.O. 2, 4830

O.C. 1267-2011, 2011 G.O. 2, 3723