T-7.1, r. 4 - Regulation respecting woodcutting on lands under the authority of the Minister of Agriculture, Fisheries and Food

Updated to 1 April 2018

This document has official status.

chapter T-7.1, r. 4

Regulation respecting woodcutting on lands under the authority of the Minister of Agriculture, Fisheries and Food

Act respecting agricultural lands in the domain of the State

(chapter T-7.1, ss. 6 and 47).

DIVISION I APPLICATION

1. This Regulation applies to woodcutting on ungranted lands and on concessions within the meaning of sections 1 and 2 of the Act respecting agricultural lands in the domain of the State (chapter T-7.1), and to any other land under the authority of the Minister, as provided by section 14.1 of the Act respecting the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation (chapter M-14), except lands subject to the Regulation respecting public blueberry fields (chapter T-7.1, r. 3).

O.C. 1440-84, s. 1; O.C. 672-92, s. 23.

DIVISION II CONDITIONS AND DUTIES

2. To cut wood on land covered by this Regulation, a person must obtain authorization from the Minister of Agriculture, Fisheries and Food.

For concessions, authorization does not have to be obtained by the person who is registered as transferee of the land in the register mentioned in section 4 of the Act respecting agricultural lands in the domain of the State (chapter T-7.1).

O.C. 1440-84, s. 2.

3. Woodcutting on ungranted land leased under the Agricultural lands in the public domain (Alienation and Leasing in the Interests of Agriculture) Regulation (O.C. 1438-84, 84-06-20) or under an Act prior to 1 July 1984, the date of coming into force of the Act respecting agricultural lands in the public domain (chapter T-7.1), may be carried out without payment of duties and on the conditions set out in that Regulation and in the lease.

O.C. 1440-84, s. 3.

4. Woodcutting on ungranted land or on any other land under the authority of the Minister, as provided by section 14.1 of the Act respecting the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation (chapter M-14), may be carried out without payment of duties and on the sole condition that the person be authorized by the Minister, in the following cases:

(1)  a disaster, such as fire, windfall, epidemic or other case of force majeure;

(2)  clearing of a servitude;

(3)  for a community or government purpose or other purpose in the public interest.

O.C. 1440-84, s. 4.

5. Where the Minister authorizes a forest or farm-forest group, covered by the Forest Act (chapter F-4.1), to cut wood on land covered by this Regulation, such cutting may be carried out without payment of duties and on the following conditions:

(1)  an agreement must be made between the Minister and the group before authorization may be granted;

(2)  the term of the agreement shall be 15 years; it shall provide that the Minister may, on 15 days notice and without compensation, withdraw any land to which the agreement applies where it is required under the Regulation respecting the alienation and leasing of agricultural lands in the domain of the State (chapter T-7.1, r. 2) or for government purposes or in the public interest;

(3)  the third paragraph of section 19 and section 26 of the Regulation respecting the alienation and leasing of agricultural lands in the domain of the State apply to the agreement, with the necessary modifications;

(4)  the group shall agree to:

(a)  clean the woodland where a disaster such as fire, windfall, epidemic or other case of force majeure occurs;

(b)  convey wood that must be sold to the syndicates or boards responsible for administering joint plans under the Act respecting the marketing of agricultural, food and fish products (chapter M-35.1);

(c)  submit a 5-year forest management plan.

O.C. 1440-84, s. 5.

6. Where, in cases other than those mentioned in sections 3 to 5, the Minister’s authorization is required for woodcutting, the cutting shall be carried out on the conditions and as provided in the Regulation respecting the sustainable development of forests in the domain of the State (chapter A-18.1, r. 0.01).

O.C. 1440-84, s. 6.

7. (Omitted).

O.C. 1440-84, s. 7.

REFERENCES

O.C. 1440-84, 1984 G.O. 2, 2263

S.Q. 1987, c. 84, s. 43

O.C. 672-92, 1992 G.O. 2, 2674

O.C. 473-2017, 2017 G.O. 2, 1199