A-18.1 - Sustainable Forest Development Act

Section 105 Disposition versions

2013-04-09

105. If the Minister considers it expedient following the five-year review of allowable cuts and after giving the guarantee holder an opportunity to submit observations, the Minister may revise the conditions of the guarantee, including the annual volumes of timber that the guarantee holder may purchase and the forest from which they come.

The Minister, exercising ministerial discretion, takes into account

(1)  the requirements of the wood processing plant;

(2)  other available sources of supply, such as timber from private forests or from outside Québec, chips, sawdust, shavings, recycled wood fibres, timber that may be harvested by holders of a permit to harvest timber to supply a wood processing plant as well as timber from local forests and timber from other forests in the domain of the State covered by a management delegation agreement;

(3)  the volumes of timber, by origin, used by the plant in the last five years;

(4)  the allowable cuts assigned to the development units;

(4.1)  the constraints and the wood fibre losses associated with harvest integration, the volumes of timber used for purposes other than the supply of wood processing plants, such as firewood harvested for domestic or commercial purposes, and any other factor that may reduce the volume available at the time of harvest;

(4.2)  the physical characteristics of the timber that limit its use by certain categories of wood processing plants, notably the size of the timber in relation to the type of products made;

(5)  the minimum volumes of timber required on the open market to assess the market value of timber from the forests in the domain of the State; and

(6)  the volumes of timber the Minister considers necessary for the carrying out of socio-economic development projects in the regions and communities.

For the purposes of subparagraph 2 of the second paragraph and, in particular, to assess the available timber from private forests that may be sold in a particular region, the Minister consults the boards of producers within the meaning of the Act respecting the marketing of agricultural, food and fish products (chapter M-35.1) or the organizations designated under section 50 of that Act during the revision process. The consultation pertains, among other things, to the volumes of timber the Minister intends to specify in the guarantee.

2010, c. 3, s. 105; 2013, c. 2, s. 31.

2010-04-01

105. If the Minister considers it expedient following the five-year review of allowable cuts and after giving the guarantee holder an opportunity to submit observations, the Minister may revise the conditions of the guarantee, including the guaranteed annual volumes of timber and the forest from which the timber may be purchased.

The Minister, exercising ministerial discretion, takes into account

(1)  the requirements of the wood processing plant;

(2)  other available sources of supply such as timber from private forests and local forests, chips, sawdust, shavings, recycled wood fibres and timber from outside Québec;

(3)  the volumes of timber, by origin, used by the plant in the last five years;

(4)  the allowable cuts assigned to the development units;

(5)  the minimum volumes of timber required on the open market to assess the market value of timber from the forests in the domain of the State; and

(6)  the volumes of timber the Minister considers necessary for the carrying out of socio-economic development projects in the regions and communities.

For the purposes of subparagraph 2 of the second paragraph and, in particular, to assess the available timber from private forests that may be sold in a particular region, the Minister consults the boards of producers within the meaning of the Act respecting the marketing of agricultural, food and fish (chapter M-35.1) products or the organizations designated under section 50 of that Act during the revision process. The consultation pertains, among other things, to the volumes of timber the Minister intends to guarantee.

2010, c. 3, s. 105.