A-18.1 - Sustainable Forest Development Act

Section 40 Disposition versions

2013-04-01

40. The Minister may, for all or part of the forest, impose on persons or bodies subject to a development plan forest development standards different from those prescribed by government regulation, when existing government standards do not provide adequate protection for all the resources of the forest due to the characteristics of the forest and the nature of the project to be carried out. The Minister may also, at the request of a Native community or on the Minister’s own initiative after consulting the Native community, impose different forest development standards to facilitate the conciliation of forest development activities with the domestic, ritual or social activities pursued by the community, or to implement an agreement that the Government or a minister enters into with the community.

The Minister may also authorize a departure from the regulatory standards if it is shown that the substitute measures proposed by persons or bodies subject to a development plan offer equivalent or superior protection for forest resources and the forest environment.

The Minister defines, in the plan, the forest development standards imposed or authorized and specifies the places where they are applicable, any regulatory standards they replace, and the mechanisms for ensuring their application. The Minister specifies, in the plan, from among the fines prescribed in section 246, the one to which an offender is liable for a given offence.

2010, c. 3, s. 40.