Q-2, r. 35.3.1 - Regulation respecting afforestation and reforestation projects eligible for the issuance of offset credits on privately-owned land

Section 80 Disposition versions

2022-12-29

80. The project plan must include, in particular, the following information and documents:

(1)  the information needed to identify the promoter and the promoter’s representative, if any;

(2)  when the promoter has engaged, or expects to engage, the services of a professional or another person to prepare or implement the project,

(a)  the information needed to identify that professional or person;

(b)  a summary of the tasks that will be assigned to that professional or person;

(3)  the date of the project plan;

(4)  information relating to the location of the project, including the regional county municipality, the municipality, the cadastral designation and, where applicable, the street address of the lot:

(5)  an exhaustive description of the project, including

(a)  the project type, whether an afforestation project, a reforestation project, or both;

(b)  whether or not the project is an early project;

(c)  whether or not the project is or will be part of an aggregation and, if so, the name of the aggregation;

(d)  the project objectives in terms of carbon offset and forest management;

(e)  the total surface area of the lot for the project, including the area assigned to forestry purposes and the area assigned to non-forestry purposes;

(f)  the surface area of the lot affected by an afforestation activity, the surface area affected by a reforestation activity and, where applicable, the cumulative area affected when the project involves both types of activity;

(g)  the project start date when known or, when not known, an estimate including an indication of how the estimate was determined;

(h)  the estimated duration of the project;

(i)  the estimated start and end dates of the reporting periods for the entire estimated duration of the project;

(j)  the information needed to identify the owner of the lot or part of a lot for the project and the relevant information if it belongs to the promoter;

(k)  where applicable, information on the owner’s registration as a forest producer associated with the project, if the owner is not the promoter, and the owner’s forest producer number;

(6)  a demonstration that the project meets the eligibility conditions set out in Chapter I of Title II, including a copy of any relevant document;

(7)  information on the initial characterization for the project, including the elements listed in section 15 and their justification;

(8)  a presentation of all the work performed to complete an initial inventory for the lot or part of a lot for the project including in particular the elements connected with the planning, gathering and compilation of data for the inventory and their justification, such as the determination of the number of sample plots for the initial inventory, where applicable, the coefficient of the prism used for the inventory of the variable-radius plot, a summary of the survey plan as planned and revised, and a summary of the results from the compilation of the initial inventory;

(9)  a copy of the survey plan, as planned, signed by a member of the Ordre des ingénieurs forestiers du Québec and of the survey plan as revised following the completion of the initial inventory for the project. The copy must include

(a)  information on the survey units and sampling units planned on the lot or part of a lot for the project, including the number of the sample cruise line and sample plots, their location and the starting point for each route;

(b)  a copy of the shape file presenting the survey plan as planned and revised following the completion of the inventory and the information needed to identify and locate each cruise line and each sample plot measured;

(10)  a copy of the compilation report for the initial inventory, signed by a member of the Ordre des ingénieurs forestiers du Québec, and of all the inventory data files, along with those used to compile the inventories and the files for all the compilation results;

(11)  where applicable, a copy of the report on soil sample analyses for the project prepared by the laboratory responsible for analyzing the samples;

(12)  a presentation of the baseline scenario and project scenario including all relevant information, the data on which it is based and its justification, and a presentation of the annual results and results for each reporting period from the simulations of annual changes in the carbon stock in each scenario, along with all the data and hypotheses used to generate the information and the data needed for the simulation of the baseline scenario and project scenario and all the results from those simulations;

(13)  a presentation of the annual results and results for each reporting period for the project outcome, including all relevant information and its justification;

(14)  where applicable, the missing data and information used, along with a document justifying the data, information or methods used to compensate for missing data, including a notice signed by a member of the Ordre des ingénieurs forestiers du Québec concerning the complementary nature of the missing data and information used for the project;

(15)  a copy of the files for the project generated by the CBM-CFS software to simulate the annual change in the carbon stock in the carbon reservoirs under the baseline scenario and project scenario;

(16)  a copy of the calculation tool used to define the project outcome including all the data and hypotheses used to characterize the baseline scenario and project scenario;

(17)  a declaration signed by the promoter or the promoter’s representative stating that no offset credits have been issued for the atmospheric CO2 removals targeted by the project plan under the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances (chapter Q-2, r. 46.1) and that no credits have been issued under another GHG emissions offsetting program or will be issued under such a program;

(18)  in addition to the requirements set out in this section, in the case of an early project, the promoter must provide the information needed to identify the early project as registered for another program to offset GHG emissions including, in particular, the information needed to identify the program. In addition, a promoter who wishes to consider, in the project outcome, atmospheric CO2 removals for which offset credits have been issued under another program to offset GHG emissions must provide the following information:

(a)  the project start date, as defined in this Regulation, and the date of its registration under the GHG emissions offset program;

(b)  the total number of credits issued, by vintage;

(c)  the total number of credits issued, by vintage, that are sold to a third party and the total number of credits, by vintage, that have not yet been used to offset GHG emissions, along with the information needed to identify the credits, such as the serial or equivalent numbers and the vintage;

(d)  the total number of credits issued, by vintage, that are still in the possession of the original project promoter;

(e)  the total number of credits issued, by vintage, and the number of GHG removal, in metric tonnes CO2 equivalent, that will be considered in the project outcome when the project is filed and when applications for issuance are made;

(f)  the information needed to identify the credits for which the promoter wishes to consider atmospheric CO2 removals in the project outcome, including the serial number or equivalent and the vintage;

(19)  in the case of an early project, when credits have been issued for the atmospheric CO2 removals considered in the project outcome under another GHG emissions offset program, the promoter must show that

(a)  the credits issued to the promoter of the original project and the related GHG removal taken into account in the project outcome have never been used to offset a GHG emission under another GHG emissions offset program or a voluntary offset initiative.

The promoter must submit an official document from the authorities responsible for the initial program showing compliance with the obligation. In addition, the authorities for the GHG emissions offset program must provide a list of the credits concerned with their serial numbers and vintages;

(b)  the credits issued to the promoter of the original project have not been sold or redeemed otherwise than as a transaction between the person to whom the GHG emissions offset program issued the credits and the promoter of the project implemented pursuant to this Regulation.

The promoter must submit an official document from the authorities responsible for the initial program showing that the current holder is the first and only owner of the carbon credits issued and that they have never been sold or purchased by a person other than the promoter. In addition, the authorities for the program to offset GHG emissions must provide a list of the credits concerned with their serial numbers and vintages;

(c)  the carbon credits issued to the promoter of the original project and the related atmospheric CO2 removals taken into account in the project outcome pursuant to this Regulation have been withdrawn, cancelled or invalidated in the course of activities under the former carbon credits program and are no longer available to offset a GHG emission under the initial issuance program.

The promoter must submit an official document from the authorities responsible for the initial program showing compliance with the obligation and specifying the number of credits cancelled and the identification number and vintage of each credit cancelled.

The promoter must report to the Minister all the questions, actions and decisions raised or taken by the authorities responsible for the carbon credits program in connection with the validity of the project, the validity of the outcomes or the credits issued in the course of the activities under that program;

(20)  when the promoter is not the owner of the lot or part of a lot for the project, a declaration by the owner authorizing the implementation of the project by the promoter and undertaking not to apply, with respect to the atmospheric CO2 removals covered by the project plan, either for offset credits under the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances or for credits under GHG emissions offset program;

(21)  a declaration signed by the member of the Ordre des ingénieurs forestiers du Québec responsible for supervising the project plan stating that the information and documents produced under the engineer’s responsibility are complete and accurate;

(22)  a declaration signed by the promoter or the promoter’s representative stating that the project will be implemented in accordance with this Regulation and that the documents and information provided are complete and accurate;

(23)  when the environmental impacts of the project have been assessed, a summary of the analysis and its conclusions;

(24)  a copy of every authorization needed for the implementation of the project;

(25)  the information provided for in paragraph 3 of section 81 concerning financial and fiscal assistance received during the implementation of the project;

(26)  the information needed to identify the members of the Ordre des ingénieurs forestiers du Québec involved in the project filing stage.

Where a document signed by a member of the Ordre des ingénieurs forestiers du Québec is required, it must be accompanied by the information needed to identify the forest consultant employing that member;

(27)  the name and function of each person involved in drawing up the project plan;

(28)  the date and the signature of the promoter or the promoter’s representative.

M.O. 2022-11-17, s. 80; I.N. 2023-01-01.

Not in force

In force: 2022-12-29

80. The project plan must include, in particular, the following information and documents:

(1)  the information needed to identify the promoter and the promoter’s representative, if any;

(2)  when the promoter has engaged, or expects to engage, the services of a professional or another person to prepare or implement the project,

(a)  the information needed to identify that professional or person;

(b)  a summary of the tasks that will be assigned to that professional or person;

(3)  the date of the project plan;

(4)  information relating to the location of the project, including the regional county municipality, the municipality, the cadastral designation and, where applicable, the street address of the lot:

(5)  an exhaustive description of the project, including

(a)  the project type, whether an afforestation project, a reforestation project, or both;

(b)  whether or not the project is an early project;

(c)  whether or not the project is or will be part of an aggregation and, if so, the name of the aggregation;

(d)  the project objectives in terms of carbon offset and forest management;

(e)  the total surface area of the lot for the project, including the area assigned to forestry purposes and the area assigned to non-forestry purposes;

(f)  the surface area of the lot affected by an afforestation activity, the surface area affected by a reforestation activity and, where applicable, the cumulative area affected when the project involves both types of activity;

(g)  the project start date when known or, when not known, an estimate including an indication of how the estimate was determined;

(h)  the estimated duration of the project;

(i)  the estimated start and end dates of the reporting periods for the entire estimated duration of the project;

(j)  the information needed to identify the owner of the lot or part of a lot for the project and the relevant information if it belongs to the promoter;

(k)  where applicable, information on the owner’s registration as a forest producer associated with the project, if the owner is not the promoter, and the owner’s forest producer number;

(6)  a demonstration that the project meets the eligibility conditions set out in Chapter I of Title II, including a copy of any relevant document;

(7)  information on the initial characterization for the project, including the elements listed in section 15 and their justification;

(8)  a presentation of all the work performed to complete an initial inventory for the lot or part of a lot for the project including in particular the elements connected with the planning, gathering and compilation of data for the inventory and their justification, such as the determination of the number of sample plots for the initial inventory, where applicable, the coefficient of the prism used for the inventory of the variable-radius plot, a summary of the survey plan as planned and revised, and a summary of the results from the compilation of the initial inventory;

(9)  a copy of the survey plan, as planned, signed by a member of the Ordre des ingénieurs forestiers du Québec and of the survey plan as revised following the completion of the initial inventory for the project. The copy must include

(a)  information on the survey units and sampling units planned on the lot or part of a lot for the project, including the number of the sample cruise line and sample plots, their location and the starting point for each route;

(b)  a copy of the shape file presenting the survey plan as planned and revised following the completion of the inventory and the information needed to identify and locate each cruise line and each sample plot measured;

(10)  a copy of the compilation report for the initial inventory, signed by a member of the Ordre des ingénieurs forestiers du Québec, and of all the inventory data files, along with those used to compile the inventories and the files for all the compilation results;

(11)  where applicable, a copy of the report on soil sample analyses for the project prepared by the laboratory responsible for analyzing the samples;

(12)  a presentation of the baseline scenario and project scenario including all relevant information, the data on which it is based and its justification, and a presentation of the annual results and results for each reporting period from the simulations of annual changes in the carbon stock in each scenario, along with all the data and hypotheses used to generate the information and the data needed for the simulation of the baseline scenario and project scenario and all the results from those simulations;

(13)  a presentation of the annual results and results for each reporting period for the project outcome, including all relevant information and its justification;

(14)  where applicable, the missing data and information used, along with a document justifying the data, information or methods used to compensate for missing data, including a notice signed by a member of the Ordre des ingénieurs forestiers du Québec concerning the complementary nature of the missing data and information used for the project;

(15)  a copy of the files for the project generated by the CBM-CFS software to simulate the annual change in the carbon stock in the carbon reservoirs under the baseline scenario and project scenario;

(16)  a copy of the calculation tool used to define the project outcome including all the data and hypotheses used to characterize the baseline scenario and project scenario;

(17)  a declaration signed by the promoter or the promoter’s representative stating that no offset credits have been issued for the atmospheric CO2 removals targeted by the project plan under the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances (chapter Q-2, r. 46.1) and that no credits have been issued under another GHG emissions offsetting program or will be issued under such a program;

(18)  in addition to the requirements set out in this section, in the case of an early project, the promoter must provide the information needed to identify the early project as registered for another program to offset GHG emissions including, in particular, the information needed to identify the program. In addition, a promoter who wishes to consider, in the project outcome, atmospheric CO2 removals for which offset credits have been issued under another program to offset GHG emissions must provide the following information:

(a)  the project start date, as defined in this Regulation, and the date of its registration under the GHG emissions offset program;

(b)  the total number of credits issued, by vintage;

(c)  the total number of credits issued, by vintage, that are sold to a third party and the total number of credits, by vintage, that have not yet been used to offset GHG emissions, along with the information needed to identify the credits, such as the serial or equivalent numbers and the vintage;

(d)  the total number of credits issued, by vintage, that are still in the possession of the original project promoter;

(e)  the total number of credits issued, by vintage, and the number of GHG removal, in metric tonnes CO2 equivalent, that will be considered in the project outcome when the project is filed and when applications for issuance are made;

(f)  the information needed to identify the credits for which the promoter wishes to consider atmospheric CO2 removals in the project outcome, including the serial number or equivalent and the vintage;

(19)  in the case of an early project, when credits have been issued for the atmospheric CO2 removals considered in the project outcome under another GHG emissions offset program, the promoter must show that

(a)  the credits issued to the promoter of the original project and the related GHG removal taken into account in the project outcome have never been used to offset a GHG emission under another GHG emissions offset program or a voluntary offset initiative.

The promoter must submit an official document from the authorities responsible for the initial program showing compliance with the obligation. In addition, the authorities for the GHG emissions offset program must provide a list of the credits concerned with their serial numbers and vintages;

(b)  the credits issued to the promoter of the original project have not been sold or redeemed otherwise than as a transaction between the person to whom the GHG emissions offset program issued the credits and the promoter of the project implemented pursuant to this Regulation.

The promoter must submit an official document from the authorities responsible for the initial program showing that the current holder is the first and only owner of the carbon credits issued and that they have never been sold or purchased by a person other than the promoter. In addition, the authorities for the program to offset GHG emissions must provide a list of the credits concerned with their serial numbers and vintages;

(c)  the carbon credits issued to the promoter of the original project and the related atmospheric CO2 removals taken into account in the project outcome pursuant to this Regulation have been withdrawn, cancelled or invalidated in the course of activities under the former carbon credits program and are no longer available to offset a GHG emission under the initial issuance program.

The promoter must submit an official document from the authorities responsible for the initial program showing compliance with the obligation and specifying the number of credits cancelled and the identification number and vintage of each credit cancelled.

The promoter must report to the Minister all the questions, actions and decisions raised or taken by the authorities responsible for the carbon credits program in connection with the validity of the project, the validity of the outcomes or the credits issued in the course of the activities under that program;

(20)  when the promoter is not the owner of the lot or part of a lot for the project, a declaration by the owner authorizing the implementation of the project by the promoter and undertaking not to apply, with respect to the atmospheric CO2 removals covered by the project plan, either for offset credits under the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances or for credits under GHG emissions offset program;

(21)  a declaration signed by the member of the Ordre des ingénieurs forestiers du Québec responsible for supervising the project plan stating that the information and documents produced under the engineer’s responsibility are complete and accurate;

(22)  a declaration signed by the promoter or the promoter’s representative stating that the project will be implemented in accordance with this Regulation and that the documents and information provided are complete and accurate;

(23)  when the environmental impacts of the project have been assessed, a summary of the analysis and its conclusions;

(24)  a copy of every authorization needed for the implementation of the project;

(25)  the information provided for in paragraph 3 of section 81 concerning financial and fiscal assistance received during the implementation of the project;

(26)  the information needed to identify the members of the Ordre des ingénieurs forestiers du Québec involved in the project filing stage.

Where a document signed by a member of the Ordre des ingénieurs forestiers du Québec is required, it must be accompanied by the information needed to identify the forest consultant employing that member;

(27)  the name and function of each person involved in drawing up the project plan;

(28)  the date and the signature of the promoter or the promoter’s representative.

M.O. 2022-11-17, s. 80; I.N. 2023-01-01.