A-18.1, r. 10 - Forest Protection Regulation

Updated to 1 April 2013

This document has official status.

chapter A-18.1, r. 10

Forest Protection Regulation

Sustainable Forest Development Act

(chapter A-18.1, ss. 195 and 210).

The former alphanumerical designation of this Regulation was: chapter F-4.1, r. 11.

DIVISION I EXPENSES FOR EXTINCTION OF FOREST FIRES

1. In order to determine the amount of expenses refundable in whole or in part by the Minister under section 184 of the Sustainable Forest Development Act (chapter A-18.1), the rate for refunding expenses shall be 50%.

Despite the foregoing, the refund rate in the first paragraph is set at 100% for the period from 1 April 2007 to 31 March 2011.

O.C. 1417-87, s. 1; O.C. 225-2007, s. 1; O.C. 442-2009, s. 1; O.C. 180-2010, s. 1.

DIVISION II EXPENSES RELATED TO THE IMPLEMENTATION OF THE PROTECTION PLAN IN CASE OF INFESTATION OF INSECTS AND CRYPTOGAMIC DISEASES

2. In order to determine the amount of expenses refundable in whole or in part by the Minister under section 200 of the Act, the rate for refunding expenses shall be 50%.

Despite the foregoing, the refund rate in the first paragraph is set at 100% for the period from 1 April 2007 to 31 March 2011.

O.C. 1417-87, s. 2; O.C. 225-2007, s. 2; O.C. 442-2009, s. 2; O.C. 180-2010, s. 2.

DIVISION III PERMIT TO MAKE A FIRE IN OR NEAR THE FOREST

3. Any person may obtain a permit under section 190 of the Act if he meets the following conditions:

(1)  he has in his possession on the premises where he intends to make a fire the necessary equipment to fight forest fires;

(2)  in or near the forest, except for burning a blueberry field or an unused building or for a silvicultural treatment, he has piled or placed in rows having a height of not more than 2.5 m the matter to be burnt;

(3)  he has built and kept a firebreak between the forest and the matter to be burnt, by removing from the surface any combustible matter over a distance equal to at least 5 times the height of the piles;

(4)  in or near a forest, when a blueberry field is burnt for regeneration aiming at the production of blueberries, he has built and kept a firebreak around the field, by removing from the surface any combustible matter down to the mineral ground over a minimum distance of 7 m;

(5)  he has divided the blueberry field into blocks of a maximum size of 5 ha;

(6)  he has built and kept a firebreak between blocks, by removing from the surface any combustible matter down to the mineral ground over a minimum distance of 5 m.

O.C. 1417-87, s. 3.

DIVISION IV INDUSTRIAL AND HOUSEHOLD WASTE DISPOSAL SITE

4. Any person who operates a site governed by section 139 of the Forest Act (chapter F-4.1) shall comply with the following prescriptions:

(1)  he shall build and keep a firebreak around the waste disposal site, by removing any combustible matter down to the mineral ground over a distance of at least 15 m;

(2)  he shall build around the inside perimeter of the firebreak a metal fence or a non-combustible embankment at least 2.5 m in height, in order to avoid waste being scattered around;

(3)  he shall, upon request by a fire-ranger, bury the waste if the waste disposal site represents a danger for the forest.

O.C. 1417-87, s. 4.

DIVISION V SAFETY STANDARDS FOR THE PREVENTION AND EXTINCTION OF FOREST FIRES

5. Any person who owns or uses in or near the forest a machine, a building or any other installation, shall comply with the following safety standards:

(1)  any motorized or mechanized machinery used in a forest shall be equipped with a fire extinguisher in working order and complying with the standards recognized by the Canadian Standards Association or the Underwriters’ Laboratories of Canada;

(2)  any skid plate installed under an engine must be installed so as to allow the removal of combustible matter that could gather there;

(3)  any operator working on a motorized or mechanized piece of machinery shall remove from it any debris or dirt that could start a fire;

(4)  any operator working on a motorized or mechanized piece of machinery shall turn off all electrical circuits when it is not in use;

(5)  the exhaust system of any engine shall be equipped with a muffler with a spark arrester and be in working order;

(6)  it shall be forbidden to smoke or to use an open flame within 15 m from a fuel storage or handling point;

(7)  the owner or operator of a motorized or mechanized piece of machinery used in the forest shall allow a fire-ranger to inspect it;

(8)  it shall be forbidden to use in the forest a motorized or mechanized piece of machinery that is a fire hazard;

(9)  any building or other installation situated in or near the forest and equipped with a coal or wood stove or with an inside or outside fireplace, shall have a stack or pipe equipped in each case with a spark arrester in working order made of metal parts whose openings have a maximum width of 1 cm;

(10)  any vegetation within 3 m of the outlet of a chimney shall be removed;

(11)  any fuel and any flammable product of the same nature shall be stored in tightly closed containers, outside of dwellings;

(12)  all dried vegetation and dead wood shall be cleared from the surroundings of any building or installation over a distance of at least 10 m;

(13)  any building or other installation shall be provided with means for extinguishing and tools for fighting fires at their beginning;

(14)  any sawmill in or near the forest shall be established where the ground is mineral;

(15)  any flammable matter shall be removed and the premises kept clear of such matter around a sawmill, its outbuildings, wood piles and debris dumps over a distance of at least 30 m;

(16)  a sawmill and its outbuildings shall be equipped with fire and spark arresting devices;

(17)  between 1 April and 15 November of each year, the burning of sawdust, slabwood or other sawmill debris may be done only in a burner with metal sides having a stack equipped with a spark arrester in working order, whose openings have a maximum size of 1.5 cm.

O.C. 1417-87, s. 5.

DIVISION VI PROTECTION PLAN AGAINST FOREST FIRES

6. Any person who carries on or causes work to be carried on in the forest under section 192 of the Act shall submit to the Minister a protection plan on a form measuring 21.5 by 28 cm and containing the following particulars:

(1)  such plan shall contain 4 parts: part I “Identification of parties”, part II “Description of work”, part III “Protection organization”, part IV “Budget estimates”:

(a)  part I shall contain the following sections:

i.  applicant;

ii.  protection organization;

(b)  part II shall contain the following sections:

i.  type of work carried on;

ii.  description of debris;

iii.  area covered and cartographic location of work;

iv.  number of workers;

v.  schedule for work;

(c)  part III shall contain the following sections:

i.  full-time ranger staff of the protection organization;

ii.  part-time ranger staff of the protection organization;

iii.  land transportation;

iv.  air transportation;

v.  communications;

vi.  fire-fighting equipment;

vii.  description and location of depots for fire-fighting equipment;

viii.  air surveillance of work;

(d)  part IV shall contain the following sections:

i.  regular staff wages;

ii.  seasonal staff wages;

iii.  employment benefits;

iv.  room and board allowances;

v.  land transportation costs;

vi.  air transportation costs;

vii.  communications costs;

viii.  administration costs;

(2)  any applicant submitting a protection plan shall use the form provided by the Minister and including all particulars mentioned in this section.

O.C. 1417-87, s. 6.

7. (Omitted).

O.C. 1417-87, s. 7.

REFERENCES

O.C. 1417-87, 1987 G.O. 2, 3462

O.C. 225-2007, 2007 G.O. 2, 1243B

O.C. 442-2009, 2009 G.O. 2, 1509

O.C. 180-2010, 2010 G.O. 2, 769