m-25.2, r. 1 - Regulation respecting the signing of certain deeds, documents and writings of the Ministère des Ressources naturelles et de la Faune

Updated to 1 September 2012

This document has official status.

chapter M-25.2, r. 1

Regulation respecting the signing of certain deeds, documents and writings of the Ministère des Ressources naturelles et de la Faune

Act respecting the Ministère des Ressources naturelles et de la Faune

(chapter M-25.2, s. 8).

O.C. 1455-95; O.C. 960-2004, s. 1.

DIVISION I GENERAL

1. The members of the personnel of the Ministère des Ressources naturelles, de la Faune et des Parcs who hold the positions referred to in this Regulation, including the members of the Department’s personnel who are appointed to those positions by interim, are authorized to sign alone, within the limits of their respective duties and with the same authority as the Minister, the deeds, documents and writings listed after their positions.

O.C. 1455-95, s. 1; O.C. 960-2004, s. 2.

2. An associate deputy minister, an assistant deputy minister, a director general or an assistant director general is authorized to sign the following documents in respect of the sector or directorate for which he or she is responsible:

(1)  supply contracts;

(2)  service contracts;

(3)  construction contracts;

(4)  concession contracts and business partnership contracts;

(5)  deeds for the acquisition and transfer of immovable rights and property other than those referred to in Division III;

(6)  leases for the rental of immovables for occasional and seasonal needs of the Department;

(7)  promises and grants of subsidies for which the granting standards and eligibility criteria have been approved by the Government or the Conseil du trésor;

(8)  leases for telecommunication equipment;

(9)  any deed, document or writing pertaining to copyright and intellectual property;

(10)  authorizations for out-of-court settlements with or without consideration, and transactions, discharges and subrogations;

(11)  credit agreements;

(12)  agreements for the protection and conservation of wildlife; and

(13)  leases resulting from agreements entered into with Natives within the meaning of the Act respecting Cree, Inuit and Naskapi Native persons (chapter A-33.1) in the territories covered by the James Bay and Northern Québec Agreement and the Northeastern Québec Agreement.

O.C. 1455-95, s. 2; O.C. 1073-2000, s. 1; O.C. 960-2004, s. 3.

3. Subject to paragraph 1 of section 27, a branch director or a regional director is authorized to sign, in respect of the branch or region for which he is responsible, the deeds, documents and writings referred to in section 2, except promises and grants of subsidies, up to a maximum of $100,000.

O.C. 1455-95, s. 3.

4. Subject to paragraph 1 of section 28, a service head, the head of a management unit, a regional office or a nursery, or the person in charge of a forest station is authorized to sign, in respect of the administrative unit for which he is responsible, the deeds, documents and writings referred to in section 2, except promises and grants of subsidies, up to a maximum of $50,000.

O.C. 1455-95, s. 4.

5. A buyer is authorized to sign, in respect of the purchase of goods and services within his area of responsibility, the deeds, documents and writings referred to in paragraphs 2, 6 and 7 of section 2, up to a maximum of $25,000.

O.C. 1455-95, s. 5.

6. The person in charge of administrative management or the person in charge of a division is authorized to sign, in respect of his field of responsibility, the deeds, documents and writings referred to in section 2, except promises and grants of subsidies, up to a maximum of $10,000.

O.C. 1455-95, s. 6.

7. A supplier is authorized to sign, in respect of the purchase of goods and services within his area of responsibility, the deeds, documents and writings referred to in paragraphs 1, 2, 6 and 7 of section 2, up to a maximum of $1,000.

O.C. 1455-95, s. 7.

8. An associate deputy minister or a director general is authorized to sign, in respect of the sector or branch for which he is responsible, public calls for tenders and any deed, document or writing pertaining to such calls for tenders.

O.C. 1455-95, s. 8.

9. An associate deputy minister, an assistant deputy minister, the secretary of the Department, any director, the head of a regional office, the head of a management unit, the head of a nursery or a service head is authorized, in respect of the Department or in respect of the sector, branch, region or administrative unit for which he is responsible, to certify as true any copy of a document forming part of the Department’s archives.

O.C. 1455-95, s. 9.

10. An associate deputy minister, an assistant deputy minister, any director, the head of a regional office, the head of a management unit or a service head is authorized, in respect of the sector, branch, region or administrative unit for which he is responsible, to sign any deed, document or writing pertaining to the registration of a legal hypothec.

O.C. 1455-95, s. 10.

DIVISION II FORESTS SECTOR

§ 1 . — General

11. In this Division, unless otherwise indicated by the context, “Act” means the Forest Act (chapter F-4.1).

O.C. 1455-95, s. 11.

12. An associate deputy minister for regional operations, a regional director or the head of a management unit is authorized to sign

(1)  management permits issued or renewed under sections, 11, 11.2, 13, 16.2, 18, 20, 22, 24, 24.1, 92, 92.1, 93 and 208 of the Act;

(2)  the revocation of a sugar bush management permit, provided for in section 17.3 of the Act;

(3)  a management contract entered into under section 102 of the Act;

(4)  a certificate conferring on a person or organization the status of forest producer in accordance with sections 120 and 124 of the Act;

(5)  the authorization provided for in section 213 of the Mining Act (chapter M-13.1); and

(6)  any deed, document or writing pertaining to

(a)  the permits and the revocation thereof, contracts, certificates and authorizations referred to in paragraphs 1 to 5;

(b)  an increase in the area of a sugar bush covered by a sugar bush management permit, as provided for in section 17 of the Act;

(c)  approval of the scaling method chosen by the holder of a forest management permit under section 26 of the Act;

(d)  authorization to construct or improve a road other than a forest road, provided for in section 31 of the Act;

(e)  the sale of timber under an agreement for auxiliary timber supply, provided for in section 95.4 of the Act;

(f)  the sale of timber harvested in forest reserves, provided for in the first paragraph of section 97 of the Act; and

(g)  the disposal of confiscated timber under section 203 of the Act.

O.C. 1455-95, s. 12.

13. An associate deputy minister for regional operations or a regional director is authorized to sign any deed, document or writing pertaining to special authorization to carry out a forest management activity in the protected zone of a river identified as a salmon river, as provided for in section 28.2 of the Act.

O.C. 1455-95, s. 13.

§ 2 . — Access to and travel in the forest

14. The associate deputy minister for regional operations, a regional director or the head of a management unit is authorized to sign any deed, document or writing pertaining to the limiting or prohibiting, for reasons of public interest, of access to a forest road, as provided for in section 33 of the Act.

O.C. 1455-95, s. 14.

15. The associate deputy minister, Forêt Québec or the director of the Direction de la conservation des forêts is authorized to sign any deed, document or writing pertaining to the limiting or prohibiting of access to and travel in the forest or to any other measure calculated to decrease the risk of fire, in accordance with section 134 of the Act.

O.C. 1455-95, s. 15.

§ 3 . — Notice in the Gazette officielle du Québec

16. The associate deputy minister, Forêt Québec, the director of the Direction de la gestion des stocks forestiers or the head of the Service de l’évaluation de l’offre is authorized to sign notices of deposit published in the Gazette officielle du Québec, in accordance with the provisions of section 38 of the Act.

O.C. 1455-95, s. 16.

§ 4 . — Forest management plans and financing agreements

17. The associate deputy minister, Forêt Québec, the associate deputy minister for regional operations, the director of the Direction des programmes forestiers or a regional director is authorized to sign any deed, document or writing pertaining to approval of general forest management plans, as provided for in sections 51 and 121 of the Act.

O.C. 1455-95, s. 17.

18. The associate deputy minister for forests, the associate deputy minister for regional operations, the director of the Direction des programmes forestiers, a regional director, the head of a management unit or the head of the forest management service is authorized to sign any deed, document or writing pertaining to approval of five-year forest management plans, as provided for in sections 52 and 12 of the Act.

O.C. 1455-95, s. 18.

19. The associate deputy minister for regional operations, a regional director or the head of a management unit is authorized to sign any deed, document or writing pertaining to

(1)  approval of annual plans, provided for in section 57 of the Act;

(2)  approval of financing agreements, provided for in section 73.1 of the Act; and

(3)  approval of forest management plans, provided for in section 103 of the Act.

O.C. 1455-95, s. 19.

§ 5 . — Credit allocations in respect of forest management activities

20. The associate deputy minister for regional operations is authorized to sign credit allocations applicable to the payment of dues following the carrying out or financing of silvicultural treatments or any other forest management activity or in respect of the implementation of a special forest management plan referred to in sections 73.1, 73.2, 79 and 96.1 of the Act, as well as any deed, document or writing pertaining to such credit notes.

O.C. 1455-95, s. 20.

21. The holders of the following positions are authorized to sign credit notes, as well as any deed, document or writing pertaining to the credit notes referred to in section 19, in accordance with the following amounts:

(1)  the person in charge of the Section développement et entretien of the Division du mesurage et de la facturation des bois, up to $10,000;

(2)  the person in charge of the Division du mesurage et de la facturation des bois, up to $50,000; and

(3)  the director of the Direction de l’assistance technique, up to $100,000.

O.C. 1455-95, s. 21.

§ 6 . — Special management plan

22. The associate deputy minister for regional operations, the associate deputy minister, Forêt Québec or a regional director is authorized to sign, in accordance with sections 79 and 96.1 of the Act, any deed, document or writing pertaining to

(1)  the preparation and administration of a special forest management plan to ensure the salvaging of wood; and

(2)  the determination of the period and conditions of administration of a special forest management plan to ensure the salvaging of wood.

O.C. 1455-95, s. 22.

§ 7 . — Experimental, educational and research forests

23. The associate deputy minister, Forêt Québec or the director of the Direction de la recherche forestière is authorized to sign any deed, document or writing pertaining to authorization to carry out forest management activities related to research and experimentation, provided for in section 108 of the Act.

O.C. 1455-95, s. 23.

24. The associate deputy minister, Forêt Québec, the associate deputy minister for regional operations, the director of the Direction de la recherche forestière or a regional director is authorized to sign a management agreement provided for in section 113 of the Act, as well as any deed, document or writing pertaining to such agreement.

O.C. 1455-95, s. 24.

25. The associate deputy minister, Forêt Québec or the associate deputy minister for regional operations is authorized to sign any deed, document or writing pertaining to approval of the destination of timber that may be used by a wood processing plant, provided for in section 115 of the Act.

O.C. 1455-95, s. 25.

26. The associate deputy minister, Forêt Québec, the associate deputy minister for regional operations or a regional director, in respect of the regional branch for which he is responsible and in respect of a volume of timber of less than 1,000 m3, is authorized to sign any deed, document or writing pertaining to authorization to harvest timber and ship it to the holder of a wood processing plant operating permit, provided for in section 92.0.2 of the Act.

O.C. 1455-95, s. 26.

§ 8 . — Development of private woodlots

27. A regional director or the director of the Direction des programmes forestiers is authorized to sign

(1)  the promises and grants of financial assistance provided for in section 118 of the Act; and

(2)  any deed, document or writing pertaining to the determination of the conditions applying to the promises and grants of financial assistance provided for in section 118 of the Act.

O.C. 1455-95, s. 27.

28. The head of a management unit is authorized to sign

(1)  the promises and grants of financial assistance provided for in paragraph 1 of section 118 of the Act; and

(2)  any deed, document or writing pertaining to the determination of the conditions applying to the promises and grants of financial assistance provided for in paragraph 1 of section 118 of the Act.

O.C. 1455-95, s. 28.

§ 9 . — Forest protection

29. The associate deputy minister, Forêt Québec or the director of the Direction de la conservation des forêts is authorized to sign

(1)  special agreements concluded under section 133 of the Act for the purposes of ensuring protection of forests situated north of the 50th parallel; and

(2)  any deed, document or writing pertaining to

(a)  the agreements provided for in paragraph 1;

(b)  the refunding of expenses incurred by an organization during extinction operations, in accordance with section 128 of the Act;

(c)  the determination of the compensation that must be paid by an organization to the owner of any requisitioned apparatus, in accordance with section 130 of the Act;

(d)  the determination of the indemnities payable to persons recruited by an organization, provided for in section 131 of the Act; and

(e)  approval of forest protection plans, provided for in section 143 of the Act.

O.C. 1455-95, s. 29.

30. The associate deputy minister, Forêt Québec, the associate deputy minister for regional operations, a regional director, the director of the Direction de la conservation des forêts or the director of the Direction de l’assistance technique is authorized to sign any deed, document or writing pertaining to approval of instructions respecting the use of fire as a silvicultural treatment, provided for in section 144 of the Act.

O.C. 1455-95, s. 30.

31. The associate deputy minister, Forêt Québec, the associate deputy minister for regional operations or the director of the Direction de la conservation des forêts is authorized to sign any deed, document or writing pertaining to

(1)  approval of the protection plan provided for in section 147.3 of the Act;

(2)  the reimbursement of expenses related to the implementation of protection plans, in accordance with section 147.4 of the Act; and

(3)  claims for the cost of implementing a protection plan in a private woodlot, in accordance with section 147.5 of the Act.

O.C. 1455-95, s. 31.

§ 10 . — Wood processing plants

32. The associate deputy minister, Forêt Québec, the director of the Direction du développement des produits forestiers or a regional director is authorized to sign any deed, document or writing pertaining to the authorization referred to in sections 162 and 163 of the Act.

O.C. 1455-95, s. 32.

33. The associate deputy minister for regional operations, a regional director or the head of a management unit is authorized to sign wood processing plant operating permits issued under section 164 of the Act, as well as any deed, document or writing pertaining to such permits.

O.C. 1455-95, s. 33.

§ 11 . — Declaration under oath

34. The associate deputy minister, Forêt Québec, the associate deputy minister for regional operations, a regional director, the head of a management unit or the director of the Direction du développement des produits forestiers is authorized to sign any deed, document or writing pertaining to the requirement to make a declaration under oath or to furnish information in accordance with sections 167 and 169 of the Act.

O.C. 1455-95, s. 34.

§ 12 . — Cullers

O.C. 937-98, s. 1.

34.1. The associate deputy minister for regional operations, the director of the Direction de l’assistance technique or the person in charge of the Division du mesurage et de la facturation des bois is authorized to sign

(1)  cullers’ licences issued under section 18 of the Cullers Act (chapter M-12.1);

(2)  identity cards of cullers’ licence holders, issued in accordance with any regulation made under section 30 of the Cullers Act;

(3)  the suspension or revocation of a culler’s licence provided for in section 19 of the Cullers Act;

(4)  any deed, document or writing related to licences or identity cards referred to in paragraphs 1 and 2 as well as those related to the suspension or revocation of a licence, referred to in paragraph 3.

O.C. 937-98, s. 1.

34.2. The signature of the Minister may be affixed by means of an automatic device on cullers’ licences and identity cards of cullers’ licence holders referred to in paragraphs 1 and 2 of section 34.1.

O.C. 937-98, s. 1.

DIVISION II.1 FAUNE QUÉBEC SECTOR

O.C. 960-2004, s. 4.

34.3. In this Division, unless otherwise indicated by the context, “Act” means the Act respecting the conservation and development of wildlife (chapter C-61.1).

O.C. 960-2004, s. 4.

34.4. The associate deputy minister of the Faune Québec sector, the director general of wildlife protection or a regional wildlife protection director is authorized to sign a deed of appointment provided for in section 8 of the Act.

O.C. 960-2004, s. 4.

34.5. The associate deputy minister of the Faune Québec sector, the director general of wildlife development and management or a regional wildlife management director is authorized to sign the authorizations or contracts provided for in sections 26, 107, 109, 118, 120, 126 and 127 of the Act.

The associate deputy minister of the Faune Québec sector, the director general of wildlife protection or a regional wildlife protection director is authorized to sign the authorizations provided for in sections 22, 56.1 and 58 of the Act.

O.C. 960-2004, s. 4; O.C. 731-2005, s. 1.

34.6. The associate deputy minister of the Faune Québec sector, the director general of wildlife development and management, the director of wildlife habitats and regulation, the regional wildlife management director or the director of wildlife management in a bordering region is authorized to sign the licence provided for in the first paragraph of section 47 of the Act.

O.C. 960-2004, s. 4.

34.7. The associate deputy minister of the Faune Québec sector is authorized to sign any licence issued under the Act.

The associate deputy minister of the Faune Québec sector, the director general of wildlife development and management or the director of licences and fee rates is authorized to sign an authorization provided for in the first paragraph of section 54 of the Act, in respect of a person other than an officer.

The associate deputy minister of the Faune Québec sector, the director general of wildlife development and management, the director of wildlife habitats and regulation, the director of wildlife development or the regional wildlife management director is authorized to sign an authorization provided for in the first paragraph of section 54 of the Act, in respect of an officer.

O.C. 960-2004, s. 4; O.C. 731-2005, s. 2.

34.8. The associate deputy minister of the Faune Québec sector, the director general of wildlife development and management or the director of wildlife habitats and regulation is authorized to sign the authorizations provided for in sections 105, 112 and 123 of the Act.

O.C. 960-2004, s. 4.

34.9. The associate deputy minister of the Faune Québec sector, the director general of wildlife development and management, the regional wildlife management director or the director of wildlife management in a bordering region is authorized to sign an authorization provided for in section 128.7 of the Act as well as the decision on its refusal, suspension or revocation and any prior notice to that effect.

O.C. 960-2004, s. 4.

34.10. The associate deputy minister of the Faune Québec sector, the director general of wildlife protection or a regional wildlife protection director is authorized to sign the mandate entrusted to a wildlife protection officer or an officer referred to in section 3 of the Act to act within his or her investigative or control functions, under section 24 of the Act.

The associate deputy minister of the Faune Québec sector, the director general of wildlife development and management or a regional wildlife management director is authorized to sign the mandate entrusted to an employee of the Department to act for research, study, analysis, inventory or appraisal purposes, under section 24.0.1 of the Act.

O.C. 960-2004, s. 4.

34.11. The associate deputy minister of the Faune Québec sector, the director general of wildlife development and management or a regional wildlife management director is authorized to sign the agreements provided for in sections 37, 104, 106, 111, 122 and 128.16 of the Act.

O.C. 960-2004, s. 4.

34.12. The associate deputy minister of the Faune Québec sector, the director general of wildlife development and management or a regional wildlife management director is authorized to sign an order provided for in section 128.15 of the Act.

The associate deputy minister of the Faune Québec sector, the director general of wildlife development and management or the director of wildlife development is authorized to sign an order provided for in sections 74 and 75 of the Act.

O.C. 960-2004, s. 4.

34.13. The associate deputy minister of the Faune Québec sector or the director general of wildlife development and management is authorized to sign decisions to suspend, revoke, amend or refuse to renew an outfitter’s licence provided for in the first paragraph of section 177 of the Act.

The associate deputy minister of the Faune Québec sector, the director general of wildlife development and management or the regional wildlife management director is authorized to sign decisions to revoke, suspend or refuse to renew any licence provided for in the second paragraph of section 177 of the Act.

O.C. 960-2004, s. 4.

34.14. The associate deputy minister of the Faune Québec sector, the director general of wildlife development and management, the director of wildlife habitats and regulation or the regional wildlife management director is authorized to sign the leases of exclusive rights referred to in section 86 of the Act, as well as decisions on their revocation, amendment or non-renewal.

O.C. 960-2004, s. 4.

34.15. The associate deputy minister of the Faune Québec sector or the director general of wildlife development and management is authorized to sign decisions to revoke or amend an outfitter’s licence provided for in section 86.2 of the Act.

O.C. 960-2004, s. 4.

34.16. The associate deputy minister of the Faune Québec sector, the director general of wildlife development and management or the director of wildlife development is authorized to sign the notice provided for in section 171.3 of the Act.

O.C. 960-2004, s. 4.

34.17. The associate deputy minister of the Faune Québec sector, the director general of wildlife development and management or the director of licences and fee rates is authorized to sign the notice relating to the indemnity referred to in section 79 of the Act.

O.C. 960-2004, s. 4.

34.18. The associate deputy minister of the Faune Québec sector, the director general of wildlife development and management or a regional wildlife management director is authorized to sign the act of recognition provided for in the second paragraph of section 37 of the Act.

O.C. 731-2005, s. 3.

34.19. A facsimile of the signature of the Minister may be lithographed or printed on the licences issued under the Act and the Fisheries Act (R.S.C. 1985, c. F-14) provided that the licences are countersigned by a person authorized by the Minister. The signature of the Minister may also be affixed to those licences by means of an automatic device.

A facsimile of the signature of the associate deputy minister of the Faune Québec sector may be lithographed or printed on the licences issued under the Act provided that the licences are countersigned by a person authorized by the Minister. The signature of the associate deputy minister of the Faune Québec sector may also be affixed to those licences by means of an automatic device.

O.C. 731-2005, s. 3.

DIVISION III TERRITORY AND PARKS SECTOR

O.C. 1455-95, Div. III; O.C. 1073-2000, s. 2; O.C. 960-2004, s. 5.

§ 1 . — Territory

O.C. 960-2004, s. 6.

35. In this Subdivision, unless otherwise indicated by the context, “Act” means the Act respecting the lands in the domain of the State (chapter T-8.1).

O.C. 1455-95, s. 35; O.C. 1073-2000, s. 2; O.C. 960-2004, s. 7.

36. The director of the Direction générale de l’information géographique, the head of the Service de la géodésie or a land surveyor within that Service is authorized to certify as true any data kept by the Direction générale and pertaining to the official geodesic networks.

O.C. 1455-95, s. 36; O.C. 1073-2000, s. 2.

37. The director of the Direction générale de l’information géographique or the head of the Service de la cartographie is authorized to certify as true the topographical, thematic and administrative maps, and aerial photographs kept by the Direction générale.

O.C. 1455-95, s. 37; O.C. 1073-2000, s. 2.

§ 1 . —

(Replaced)

O.C. 1455-95, Sd 1; O.C. 1073-2000, s. 2.

38. The director general of the Direction générale de la gestion du territoire public, the director of the Direction générale de l’informatique or the director of the Direction des politiques territoriales is authorized to sign

(1)  agreements concerning rights to use and distribute computer files produced by the Sector;

(2)  agreements concerning the right to use software produced by the Sector; and

(3)  any deed, document or writing respecting the agreements provided for in paragraphs 1 and 2.

O.C. 1455-95, s. 38; O.C. 1073-2000, s. 2.

39. The associate deputy minister for territory and parks, the director general of the Direction générale de la gestion du territoire public, a regional director or a person assigned to operations connected with land transactions is authorized to sign letters patent as well as an amendment thereto or a rectification or cancellation thereof.

O.C. 1455-95, s. 39; O.C. 1073-2000, s. 2; O.C. 960-2004, s. 9.

40. The associate deputy minister for territory and parks, the director general of the Direction générale de la gestion du territoire public, a regional director or a person assigned to operations connected with land transactions is authorized to sign

(1)  certificates of conditional sale and notices of revocation of sale and of transfer;

(2)  notarial deeds or private writings concerning the acquisition or transfer of movable and immovable rights and property;

(3)  orders to demolish a building or improvement that is surplus or confiscated, in accordance with section 7 of the Regulation respecting the disposition of certain surplus or confiscated properties (chapter T-8.1, r. 2);

(4)  agreements for making sites available;

(5)  any deed, document or writing pertaining to

(a)  certificates, deeds of acquisition or transfer, acquittances and discharges, orders and agreements for making sites available referred to in paragraphs 1 to 4;

(b)  expropriation of immovable rights and property authorized by the Government under section 5 of the Act;

(6)  invitations to tender in respect of the sale or lease of movable or immovable property forming part of the domain of the State;

(7)  leases, as well as transfers and cancellations thereof;

(8)  offers of sale, of gratuitous transfer and of lease, as well as any offer pertaining to immovable real rights;

(9)  acquittances and discharges from any real or personal right other than those provided for in article 3068 of the Civil Code;

(10)  a declaration stating that a parcel of land forms part of the domain of the State, as provided for in section 19 of the Act;

(11)  a notice of the intention to carry out a cadastral operation, as provided for in section 20 of the Act;

(12)  an amendment to or the waiving of a restrictive clause, pursuant to section 35.1 of the Act; and

(13)  any deed, document or writing pertaining to

(a)  calls for tenders, leases, offers, acquittances and discharges, declarations, notices and amendments or waivers referred to in paragraphs 6 to 12;

(b)  authorization to erect or maintain a building, an installation or a work on a parcel of land, as provided for in section 54 of the Act;

(c)  authorization to construct a road other than a forest road or a mining road, as provided for in section 55 of the Act;

(d)  the restriction or prohibition, for reasons of public interest, of access to a road, as provided for in section 58 of the Act; and

(e)  calls for tenders in respect of the demolition of a building or improvement that is surplus or confiscated, pursuant to the regulation made under subparagraph 3 of the first paragraph of section 71 of the Act.

O.C. 1455-95, s. 40; O.C. 1073-2000, s. 2; O.C. 960-2004, s. 9.

41. The associate deputy minister for territory and parks, the director general of the Direction générale de la gestion du territoire public, a regional director or a person assigned to operations connected with land transactions is authorized to sign

(1)  attestations of written information concerning a right registered in the Register of the domain of the State;

(2)  extracts from the Register of the domain of the State, for certification as true copies; and

(3)  any deed, document or writing pertaining to the attestations and true copies of extracts from the Register of the domain of the State referred to in paragraphs 1 and 2.

O.C. 1455-95, s. 41; O.C. 1073-2000, s. 2; O.C. 960-2004, s. 9.

42. The associate deputy minister for territory and parks, the director general of the Direction générale de la gestion du territoire public, a regional director or a person assigned to operations connected with land transactions is authorized to sign a notice of taking of possession provided for in section 62 of the Act, as well as any deed, document or writing pertaining to such possession.

O.C. 1455-95, s. 42; O.C. 1073-2000, s. 2; O.C. 960-2004, s. 9.

43. The associate deputy minister for territory and parks, the director general of the Direction générale de la gestion du territoire public, a regional director or a person assigned to operations connected with land transactions is authorized to sign occupation licences, stop-over permits and cancellations thereof, as well as any deed, document or writing pertaining to such licences, permits and cancellations.

O.C. 1455-95, s. 43; O.C. 1073-2000, s. 2; O.C. 960-2004, s. 9.

44. The associate deputy minister for territory and parks, the director general of the Direction générale de la gestion du territoire public, a regional director or a person assigned to operations connected with land transactions is authorized to sign the approval pertaining to the issue of leases for lands in the domain of the State for the purposes of the development, operation and maintenance, by a private producer, of a hydroelectric power plant generating 50 MW or less.

O.C. 1455-95, s. 44; O.C. 1073-2000, s. 2; O.C. 960-2004, s. 9.

45. The associate deputy minister for territory and parks, the director general of the Direction générale de la gestion du territoire public, a regional director or a person assigned to operations connected with land transactions is authorized to sign notices of the transfer of authority for and administration of lands and buildings, movables and improvements situated thereon, as well as any deed, document or writing pertaining to such notices.

O.C. 1455-95, s. 45; O.C. 1073-2000, s. 2; O.C. 960-2004, s. 9.

46. The regional director of the public territory management of the national capital is authorized to sign, for all the regions of Québec, the deeds, documents or writings referred to in sections 39 to 41, 44 and 45.

O.C. 1455-95, s. 46; O.C. 1073-2000, s. 2.

47. The associate deputy minister for territory and parks, the director general of the Direction générale de la gestion du territoire public, a regional director or a person assigned to operations connected with land transactions is authorized to sign the authorization, provided for in section 40.1 of the Act, to register the name of the occupant of land as the owner thereof for the purposes of a cadastral renovation, as well as any deed, document or writing pertaining to such authorization.

O.C. 1455-95, s. 47; O.C. 1073-2000, s. 2; O.C. 960-2004, s. 9.

48. The associate deputy minister for territory and parks, the director general of the Direction générale de la gestion du territoire public or a regional director is authorized to sign, within the framework of programs or agreements, delegations in respect of the management of lands in the domain of the Sate and of the buildings, improvements and movables situated thereon, as well as any deed, document or writing pertaining to such delegations.

O.C. 1455-95, s. 48; O.C. 1073-2000, s. 2; O.C. 960-2004, s. 9.

49. The associate deputy minister for territory and parks, the director general of the Direction générale de la gestion du territoire public or a regional director is authorized to sign documents subjecting lands, movables or immovables to the application of the Act or exempting them therefrom.

O.C. 1455-95, s. 49; O.C. 1073-2000, s. 2; O.C. 960-2004, s. 9.

50. The director general of the Direction générale de la gestion du territoire public, a regional director or a person assigned to operations connected with land transactions is authorized to sign the minutes of boundary determination of land in the domain of the State under the Minister’s authority.

O.C. 1455-95, s. 50; O.C. 1073-2000, s. 2.

51. The associate deputy minister for territory and parks, the director general of the Direction générale de la gestion du territoire public, a regional director or a person assigned to operations connected with land transactions is authorized to affix the signature of the owner on documents relating to cadastral operations in respect of land in the domain of the State under the Minister’s authority.

O.C. 1455-95, s. 51; O.C. 1073-2000, s. 2; O.C. 960-2004, s. 9.

52. The signature of any person referred to in sections 41 and 50 may be affixed on any of the documents referred to in those sections by means of an automatic device.

O.C. 1455-95, s. 52; O.C. 1073-2000, s. 2.

§ 2 . — Parks

O.C. 960-2004, s. 8.

52.1. In this Subdivision, unless otherwise indicated by the context, “Act” means the Parks Act (chapter P-9).

O.C. 960-2004, s. 8.

52.2. The associate deputy minister for territory and parks or the director of parks is authorized to sign any authorization or contract provided for in sections 6, 7, 8, 8.1 and 8.1.1 of the Act.

O.C. 960-2004, s. 8.

52.3. The director of parks or an employee of a contracting party referred to in section 8.1 or 8.1.1 of the Act may issue any authorization provided for in section 6.1 of the Act.

O.C. 960-2004, s. 8.

DIVISION III.I DIRECTION GÉNÉRALE DU FONCIER

O.C. 1073-2000, s. 2.

53. The director general of the Direction générale du foncier, the director of the Direction de la rénovation cadastrale, the director of the Direction de l’enregistrement cadastral, the director of the Direction de l’information foncière sur le territoire public or the head of a service or division within one of those branches is authorized to sign requests to a land surveyor for certified copies of plans or minutes of a survey, pursuant to section 67 of the Land Surveyors Act (chapter A-23).

O.C. 1455-95, s. 53; O.C. 1073-2000, s. 2.

§ 2 . —

(Replaced)

O.C. 1455-95, Sd. 2; O.C. 1073-2000, s. 2.

54. The director general of the Direction générale du foncier, the director of the Direction de l’information foncière sur le territoire public, the head of the Division de l’arpentage foncier, the head of the Division de l’exploitation des données or the head of the Service de l’enregistrement des droits d’intervention is authorized to sign

(1)  proceedings pertaining to the judicial determination of boundaries or the determination of boundaries by agreement;

(2)  the minutes of boundary determination;

(3)  the certificate ordering payment of land survey expenses, pursuant to sections 18 to 21 of the Act respecting land survey (chapter A-22); and

(4)  any deed, document or writing pertaining to

(a)  the proceedings, minutes and certificates referred to in paragraphs 1 to 3;

(b)  agreements for boundary determination;

(c)  authorization for land surveys, as provided for in section 17 of the Act respecting the lands in the domain of the State (chapter T-8.1);

(d)  authorization to reestablish outside or central lines of townships, as provided for in section 5 of the Act respecting land survey; and

(e)  authorization for land survey work carried out pursuant to sections 15 and 19 of the Act respecting land survey or pursuant to paragraphs 2 and 10 of section 12 of the Act respecting the Ministère des Ressources naturelles (chapter M-25.2).

O.C. 1455-95, s. 54; O.C. 1073-2000, s. 2.

55. The director general of the Direction générale du foncier, the director of the Direction de l’information foncière sur le territoire public, the head of the Division de l’arpentage foncier, the head of the Division de l’exploitation des données, the head of the Service de l’enregistrement des droits d’intervention or a land surveyor from the Direction de l’information foncière sur le territoire public is authorized to sign

(1)  the territorial description contained in an Order in Council or notice published in the Gazette officielle du Québec, referred to in sections 67, 108, 163, 187, 207, 210.2, 210.38 and 281 of the Act respecting municipal territorial organization (chapter O-9); and

(2)  any deed, document or writing pertaining to

(a)  a territorial description referred to in paragraph 1;

(b)  instructions given in relation to land surveys, as provided for in section 17 of the Act respecting the lands in the domain of the State (chapter T-8.1);

(c)  instructions given for the reestablishment of outside or central lines of townships, as provided for in section 5 of the Act respecting land survey (chapter A-22);

(d)  instructions given for land survey work pursuant to sections 15 and 19 of the Act respecting land survey;

(e)  instructions given for land survey work pursuant to paragraphs 2, 8.1 and 10 of section 12 of the Act respecting the Ministère des Ressources naturelles (chapter M-25.2); and

(f)  approval of a plan drawn up by a land surveyor, pursuant to sections 68, 109, 163 and 206 of the Act respecting municipal territorial organization.

O.C. 1455-95, s. 55; O.C. 1073-2000, s. 2.

56. The director general of the Direction générale du foncier, the director of the Direction de l’information foncière sur le territoire public, the head of the Division de l’arpentage foncier, the head of the Division de l’exploitation des données, the head of the Service de l’enregistrement des droits d’intervention or a land surveyor from the Direction de l’information foncière sur le territoire public is authorized to certify as true copies or extracts of copies of deeds, documents or writings kept in the archives of the Direction de l’information foncière sur le territoire public.

O.C. 1455-95, s. 56; O.C. 1073-2000, s. 2.

57. The director general of the Direction générale du foncier, the director of the Direction de l’information foncière sur le territoire public, the head of the Service de l’enregistrement des droits d’intervention or a land surveyor from the Service de l’enregistrement des droits d’intervention is authorized to sign

(1)  attestations of written information concerning a right registered in the Register of the domain of the State;

(2)  extracts from the Register of the domain of the State, for certification as true copies; and

(3)  any deed, document or writing pertaining to the attestations and true copies of extracts from the Register of the domain of the State referred to in paragraphs 1 and 2.

O.C. 1455-95, s. 57; O.C. 1073-2000, s. 2.

58. The director general of the Direction générale du foncier, the director of the Direction de la rénovation cadastrale or the director of the Direction de l’enregistrement cadastral is authorized to sign the notices fixing the period during which alienation is prohibited in the case of cadastral renewal, as provided for in section 15 of the Act to promote the reform of the cadastre in Québec (chapter R-3.1), as well as any deed, document or writing pertaining to such notices.

O.C. 1455-95, s. 58; O.C. 1073-2000, s. 2.

59. The director general of the Direction générale du foncier, the director of the Direction de l’enregistrement cadastral or the head of a service within the Direction de l’enregistrement cadastral is authorized to sign

(1)  originals and, for the purposes of certification as true, copies of certificates of ownership issued under section 4 of the Act respecting land titles in certain electoral districts (chapter T-11);

(2)  an attestation of the list of lots and of the names of the occupants to be sent to the registrar, pursuant to section 7 of the Act respecting land titles in certain electoral districts; and

(3)  any deed, document or writing pertaining to the certificates of ownerships and the attestations referred to in paragraphs 1 and 2.

O.C. 1455-95, s. 59; O.C. 1073-2000, s. 2.

59.1. The director general of the Direction générale du foncier, the director of the Direction de l’enregistrement cadastral, the head of a service within the Direction de l’enregistrement cadastral or a land surveyor from the Direction de l’enregistrement cadastral is authorized to sign renewed cadastral documents, originals, reconstitutions, reproductions and authentic copies of the plans and books of reference of the cadastre, and certificates and notices of correction, regularization, coming into force and modification of the plans and books of reference, as well as any deed, document or writing pertaining to the plans and books of reference of the cadastre and those certificates and notices.

O.C. 1073-2000, s. 2.

59.2. The director of the Direction de l’enregistrement cadastral, the head of the Service de l’analyse et de l’officialisation or an office technician or clerk from that service, the director of the Direction des systèmes d’information et de la diffusion, the person in charge of the Division des archives cadastrales et de la diffusion or an office technician or clerk from that Division is authorized to sign authentic copies of the plans and books of reference of the cadastre.

O.C. 1073-2000, s. 2.

59.3. The director general of the Direction générale du foncier, the director of the Direction des systèmes d’information et de la diffusion or the head of the Division des archives cadastrales et de la diffusion is authorized to sign

(1)  agreements concerning rights to use and distribute computer files and cadastral data produced by the Direction générale;

(2)  agreements concerning the right to use software produced by the Direction générale; and

(3)  any deed, document or writing respecting the agreements provided for in paragraphs 1 and 2.

O.C. 1073-2000, s. 2.

59.4. The signature of any person referred to in sections 59 and 59.2 may be affixed on any of the documents referred to in those sections by means of an automatic device.

O.C. 1073-2000, s. 2.

DIVISION IV MINING SECTOR

60. A director reporting directly to the associate deputy minister for the mining sector is authorized to sign calls for tenders, as well as any deed, document or writing pertaining to such calls for tenders.

O.C. 1455-95, s. 60.

61. The associate deputy minister for the mining sector, the director of the Direction des redevances et des titres miniers or the head of the Service des titres d’exploration et de l’imposition minière is authorized to sign

(1)  notices of assessment provided for by the Mining Tax Act (chapter I-0.4), except, in the case of the head of the Service des titres d’exploration et de l’imposition minière, notices of assessment provided for in sections 43 and 63 of that Act;

(2)  authorization to change a fiscal year under section 2 of that Act;

(3)  a demand ordering a person or partnership to send a return under section 16.1 of that Act;

(4)  an order for payment of duties, interest and penalties under section 48 of that Act;

(5)  the designation, under section 71 of that Act, of a place other than an operator’s place of business or residence, at which the operator must keep his records and books of account;

(6)  a demand, under section 73 of that Act, requiring an operator to keep records and books of account;

(7)  a demand requiring the filing, under section 79 of that Act, of

(a)  information or additional information, including a return, report or supplementary return or report exigible under that Act; or

(b)  books, letters, accounts, invoices, financial statements or other documents; and

(8)  a certificate, under section 81 of that Act, attesting that a debt is payable and showing the amount thereof.

O.C. 1455-95, s. 61; .

62. The director of the Direction de l’assistance à l’exploration minière is authorized to sign promises and grants of subsidies in respect of

— Component 2 of the support program for the mining sector in the Chapais-Chibougamau region for the period from 1992-1993 to 1995-1996;

— Component 3, “Prospecting and Mineral Exploration”, of Program I, “Geological and Mineral Exploration”, of the Canada-Quebec Subsidiary Agreement on Mineral Development for the period from 1993-1994 to 1997-1998;

— the financial assistance program for prospecting in eastern Québec; and

— the financial assistance program for mine exploration in the midnorth region.

O.C. 1455-95, s. 62.

63. The associate deputy minister for the mining sector, the director of the Direction des redevances et des titres miniers, the head of the Service des titres d’exploration et de l’imposition minière, the head of the Service des titres d’exploitation or the head of a division within those services is authorized to sign deeds of confirmation or acknowledgment attesting to the granting of a mining right.

O.C. 1455-95, s. 63.

64. The director general of the Centre de recherches minérales or a branch director is authorized to sign all contracts for services rendered to third parties by the Centre de recherches minérales, as well as any deed, document or writing pertaining to such services.

O.C. 1455-95, s. 64.

DIVISION V ENERGY SECTOR

65. The associate deputy minister for the energy sector or the director of the Direction des droits hydrauliques et des tarifs is authorized to sign leases for hydraulic power issued under section 3 of the Watercourses Act (chapter R-13), as well as any deed, document or writing pertaining to such leases.

O.C. 1455-95, s. 65.

66. The associate deputy minister for the energy sector or the director of the Direction des droits hydrauliques et des tarifs is authorized to sign

(1)  leases for lands in the public domain for the purposes of the equipping, operating and maintaining, by a private producer, of a hydroelectric power plant generating 25 MW or less, as well as any deed, document or writing pertaining to such leases; and

(2)  deeds of acquisition of the right to hydraulic power forming part of the private domain, as well as any deed, document or writing pertaining to such deeds.

O.C. 1455-95, s. 66.

DIVISION VI ADMINISTRATION SECTOR

67. The associate deputy minister, coordination and shared services is authorized to sign

(1)  public calls for tenders printed in newspapers for all sectors within the Department;

(2)  the report to the Court, provided for in section 44 of the Public Officers Act (chapter E-6), stating the amount of the salary due to a public officer or employee at the time of the service of a writ of attachment and the amount of the salary to become due every month, if such public officer or employee continues his services under the same conditions; and

(3)  any deed, document or writing pertaining to the calls for tenders and reports referred to in paragraphs 1 and 2.

O.C. 1455-95, s. 67.

68. The associate deputy minister, coordination and shared services or the director of the Direction des ressources matérielles is authorized to sign, with the Société immobilière du Québec, agreements for the occupation and equipping of immovables, as well as any deed, document or writing pertaining to such agreements.

O.C. 1455-95, s. 68.

69. The associate deputy minister, coordination and shared services, the director of the Direction des ressources financières or the head of the Service de la gestion des revenus is authorized to sign the acquittances and discharges from any real or personal right, other than those provided for in article 3068 of the Civil Code, as well as any deed, document or writing pertaining to such acquittances and discharges.

O.C. 1455-95, s. 69.

DIVISION VII FINAL

70. (Omitted).

O.C. 1455-95, s. 70.

71. (Omitted).

O.C. 1455-95, s. 71.

REFERENCES

O.C. 1455-95, 1995 G.O. 2, 3135

O.C. 937-98, 1998 G.O. 2, 3042

O.C. 1073-2000, 2000 G.O. 2, 4568

O.C. 960-2004, 2004 G.O. 2, 2975

O.C. 731-2005, 2005, G.O. 2, 3437

S.Q. 2011, c. 6, s. 290