M-27 - Act respecting the Ministère des terres et forêts

Replaced on 1 April 1980

This document has official status.

chapter M-27

Act respecting the Ministère des terres et forêts

Chapter M-27 is replaced by the Act respecting the Ministère de l’Énergie et des Ressources (chapter M-15.1). (1979, c. 81, s. 31).

1979, c. 81, s. 31.

DIVISION I THE MINISTER OF LANDS AND FORESTS

1. The Minister of Lands and Forests, in this act called the “Minister”, has the administration and direction of the Ministère des terres et forêts. He is also the Surveyor-General of Québec.

1974, c. 26, s. 1; 1977, c. 5, s. 14.

2. The Minister is responsible for the management of the public lands, except those entrusted by law or an order in council to the management of another minister for purposes essentially within such minister’s jurisdiction.

He is also responsible for the management of the timber and forests found on the public lands.

1974, c. 26, s. 2.

3. The Minister is charged with:

(a)  making the survey of the public lands and seeing to the application of the laws relating to surveying;

(b)  supervising the application of the legislation relating to the cadastre and to plans and books of reference;

(c)  establishing the official cartography of Québec and carrying out the related geodetic work;

(d)  making concessions of public lands, rights of use relating thereto and of timber found thereon;

(e)  keeping the official registers in which the tenure of the public lands, the related concessions and the rights granted in respect of them are recorded;

(f)  seeing to the development and conservation of the public lands and of the timber and forests found on them, and supervising their utilization;

(g)  ensuring the protection of the forests against fire, epidemics and diseases on all the public lands and, if he deems it necessary in the public interest, on private lands;

(h)  seeing to the afforestation and reforestation of land intended for forest use and to the improvement of timber stands;

(i)  building and maintaining logging roads;

(j)  elaborating programs for the development, exploitation and processing in Québec of the forests and the timber found there and, with the authorization of the Gouvernement and in collaboration with other departments, seeing to the carrying out of such programs.

1974, c. 26, s. 3.

4. The Minister shall lay before the Assemblée nationale, within fifteen days of the opening of each session, a report of the activities of his department for the last fiscal year.

1974, c. 26, s. 4.

5. The Minister shall notify as soon as possible the secretary-treasurer of any municipality of the concessions, locations and occupation licences affecting public lands in the municipality.

1974, c. 26, s. 5; 1974, c. 27, s. 1.

6. The Minister shall notify the secretary-treasurer of the municipalities concerned of the cancellation of any concession, location or occupation licence affecting public lands; he shall also notify the registrars of the registration divisions concerned of the cancellation of letters patent affecting public lands; from the date of such notice, the lands concerned shall again become non-taxable.

1974, c. 26, s. 6.

DIVISION II DEPUTY MINISTER AND STAFF MEMBERS

7. The Gouvernement shall appoint a Deputy Minister of Lands and Forests. It may also appoint assistant deputy ministers.

1974, c. 26, s. 7.

8. Under the direction of the Minister, the Deputy Minister shall have the supervision of the staff members of the department; he shall administer its day to day business and exercise the other powers assigned to him by the Gouvernement.

1974, c. 26, s. 8.

9. The orders of the Deputy Minister must be carried out in the same manner as those of the Minister; his authority shall be that of the incumbent minister of the department and his official signature shall give force and effect to every document within the jurisdiction of the department.

1974, c. 26, s. 9; 1978, c. 15, s. 140.

10. The other staff members necessary for the proper administration of the department shall be appointed and remunerated in accordance with the Civil Service Act (chapter F-3.1).

1974, c. 26, s. 10; 1978, c. 15, s. 140.

11. The respective duties of the staff members of the department not expressly defined by law or by the Gouvernement shall be determined by the Minister.

1974, c. 26, s. 11.

12. No deed, document or writing shall bind the department or be attributed to the Minister unless signed by him, the Deputy Minister, or another functionary but, in the case of such other functionary, only to the extent determined by regulation of the Gouvernement published in the Gazette officielle du Québec.

The Gouvernement may, however, on the conditions it fixes, allow the required signature to be affixed by means of an automatic device to such documents as it determines.

The Gouvernement may also allow a facsimile of the required signature to be engraved, lithographed or printed on such documents as it determines; in such case, the facsimile shall have the same force as the signature itself if the document is countersigned by a person authorized by the Minister.

1974, c. 26, s. 12.