A-18.1 - Sustainable Forest Development Act

Section 339 Disposition versions

2013-04-09

339. The annual volumes of timber to which an agreement holder is entitled are set by the Minister after the Minister has revised, in accordance with this section, the volumes specified in the agreement holder’s agreement.

After giving the agreement holder an opportunity to submit observations, the Minister revises the volumes provided for in the agreement, taking into account

(1)  the requirements of the wood processing plant;

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

(3)  the volumes of timber, by origin, used by the plant between 1 April 2003 and 31 March 2007;

(4)  the allowable cuts assigned to the development units by the chief forester;

(5)  all the forest development activities carried out in the development units under the agreement holder’s agreement since 1 April 2008, and especially the impact of those activities on the state of conservation of the forest and the forest resources and the effectiveness of the sylvicultural treatments and the other protection and conservation measures applied in the development units;

(6)  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; and

(7)  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.

No increase in volume may be allocated to an agreement holder in a development unit pursuant to a revision if the Minister is of the opinion that the forest development activities carried out in the unit were unsatisfactory, taking into account the factors mentioned in subparagraph 5 of the second paragraph.

If a development unit is covered by more than one agreement and the allowable cut assigned to the unit has been reduced, the Minister may choose to vary the reduction in volume from one agreement holder to another for the species or group of species concerned, taking into account the impact such action may have on regional or local economic activity.

The timber made available under this section may be left standing or reserved either for the purposes set out in paragraphs 1 and 2 of section 341 or with a view to supplying wood processing plants.

2010, c. 3, s. 339; 2013, c. 2, s. 60.

2010-04-01

339. The guaranteed annual volumes of timber to which an agreement holder is entitled are set by the Minister, who applies sections 77 to 77.2 of the Forest Act (chapter F-4.1).

2010, c. 3, s. 339.