M-25.2 - Act respecting the Ministère des Ressources naturelles et de la Faune

À jour au 1^er février 2021

Ce document a valeur officielle.

chapter M-25.2

Act respecting the Ministère des Ressources naturelles et de la Faune

The Ministère des Ressources naturelles et de la Faune is designated under the name of Ministère des Ressources naturelles et des Forêts. Order in Council 1662-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6524.

This Act was formerly entitled “An Act respecting the Ministère de l’Énergie et des Ressources”. The title was replaced by section 1 of chapter 13 of the statutes of 1994.

1994, c. 13, s. 1; 2003, c. 8, s. 1; 2006, c. 3, s. 35.

DIVISION I ORGANIZATION OF THE DEPARTMENT

1. The Minister of Natural Resources and Wildlife, designated in this Act as the “Minister”, has the direction and administration of the Ministère des Ressources naturelles et de la Faune.

He is also the Surveyor-General of Québec.

1979, c. 81, s. 1; 1994, c. 13, s. 2; 2003, c. 8, s. 2; 2006, c. 3, s. 35.

The Minister of Natural Resources and Wildlife is designated under the name of Minister of Natural Resources and Forests; the Ministère des Ressources naturelles et de la Faune is designated under the name of Ministère des Ressources naturelles et des Forêts. Order in Council 1114-2024 dated 17 July 2024, (2024) 156 G.O. 2 (French), 5362.

As regards energy in particular those provided for by section 17.1.2 of the this Act, the Minister is responsible for, the Minister of Economy, Innovation and Energy exercises the functions of the Minister of Natural Resources and Wildlife. Order in Council 1113-2024 dated 17 July 2024, (2024) 156 G.O. 2 (French), 5361.

As regards wildlife the Minister of the Environment, the Fight Against Climate Change, Wildlife and Parks exercises the functions of the Minister of Natural Resources and Wildlife. Order in Council 1115-2024 dated 17 July 2024, (2024) 156 G.O. 2 (French), 5363.

2. The Government, in accordance with the Public Service Act (chapter F‐3.1.1), shall appoint a person as Deputy Minister of Natural Resources and Wildlife as well as associate deputy ministers and assistant deputy ministers.

1979, c. 81, s. 2; 1994, c. 13, s. 3; 2003, c. 8, s. 2; 2006, c. 3, s. 35.

3. Under the direction of the Minister, the Deputy Minister has the supervision of the personnel of the department and shall administer its day-to-day business. He shall also exercise the other functions assigned to him by the Government or the Minister.

1979, c. 81, s. 3; 1994, c. 13, s. 4.

4. (Repealed).

1979, c. 81, s. 4; 1994, c. 13, s. 5.

5. The orders of the Deputy Minister must be carried out in the same manner as those of the Minister; his authority is that of the Minister and his official signature gives force and effect to every document within the jurisdiction of the department.

1979, c. 81, s. 5.

6. The personnel necessary for the proper administration of the department shall be appointed in conformity with the Public Service Act (chapter F-3.1.1).

1979, c. 81, s. 6; 1983, c. 55, s. 161; 2000, c. 8, s. 242.

7. The respective duties of the personnel of the department not expressly defined by the Act or by the Government shall be determined by the Minister.

1979, c. 81, s. 7.

8. No deed, document or writing binds the department or may be attributed to the Minister unless it is signed by him, by the Deputy Minister or a member of the personnel of the department and only, in this last case, to the extent determined by regulation of the Government published in the Gazette officielle du Québec.

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

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

1979, c. 81, s. 8.

9. Any copy of a document forming part of the records of the department, certified true by a person contemplated in the first paragraph of section 8, is authentic and has the same force as the original.

1979, c. 81, s. 9.

10. (Repealed).

1979, c. 81, s. 10; 1983, c. 38, s. 64.

11. The Minister shall table a report of the activities of his department before the National Assembly for each fiscal period, within six months following the end of that period if the National Assembly is sitting or, if it is not, within thirty days following the opening of the next session or following resumption.

1979, c. 81, s. 11.

DIVISION II FUNCTIONS AND POWERS OF THE MINISTER

11.1. The mission of the Minister is to ensure, in a manner consistent with sustainable development and the integrated management of resources, the conservation and development of natural resources, including wildlife and wildlife habitats, and of the lands in the domain of the State.

In keeping with the principles of sustainable development and integrated management, the Minister of Natural Resources and Wildlife and the Minister of Sustainable Development, Environment and Parks shall sign a memorandum of agreement for cooperation between their departments prior to any determination of policies and priorities in the area of wildlife and parks. The memorandum of agreement must deal, among other things, with the subjects on which there must be cooperation, the manner of cooperating, the issue of advisory opinions on wildlife as well as their communication between and implementation by the departments.

2004, c. 11, s. 39; 2006, c. 3, s. 27.

11.2. In pursuing this mission, the Minister shall establish an environmental management system that may be developed jointly with other departments and bodies concerned.

2005, c. 19, s. 1; 2010, c. 3, s. 309.

11.3. Unless the law provides otherwise, the Minister may, with a view to sustainable development and integrated management of natural resources and lands in the domain of the State, or for any reason the Minister deems of public interest, decommission a road or restrict or prohibit access to the forest on lands in the domain of the State.

2006, c. 45, s. 25; 2010, c. 3, s. 310.

12. The functions and powers of the Minister shall consist more particularly in

(1)  granting and managing rights of ownership and rights of use of hydraulic, mineral, energy and forest resources of the domain of the State;

(2)  managing the lands in the domain of the State, in accordance with the Act respecting the lands in the domain of the State (chapter T-8.1) and with Division II.2 of this Act;

(3)  devising and implementing plans and programs for the conservation, enhancement, development and transformation in Québec of hydraulic, mineral, energy and forest resources;

(4)  setting up laboratories for research in mineralogy, metallurgy, hydraulics and energy and encouraging the setting up of such laboratories;

(5)  constructing and maintaining roads on the lands in the domain of the State;

(6)  encouraging the management, conservation and development of the lands in the domain of the State;

(6.1)  ensuring, in lands in the domain of the State, that development activities, resource development activities and the other activities and uses under the Minister’s responsibility are compatible with the uses set out in the land use plans prepared under Division III of Chapter II of the Act respecting the lands in the domain of the State;

(7)  (paragraph repealed);

(8)  establishing and managing the official cartography and geodesic network of Québec;

(8.1)  providing, on request and in return for payment, specialized services of aerial photography or filming, cartography, geodesy and remote sensing;

(8.2)  supplying, on request and in return for payment or free of charge, information related to the fields mentioned in paragraph 8.1;

(9)  (paragraph repealed);

(10)  ensuring the maintenance and respect of the territorial integrity of Québec;

(11)  ensuring the control of the development of all hydraulic resources conceded;

(12)  fostering the expansion of Hydro-Québec, particularly by securing for it the development of the hydraulic power available;

(13)  ensuring that energy supplies are maintained;

(14)  (paragraph repealed);

(14.1)  (paragraph repealed);

(14.2)  supporting, stimulating and promoting energy transition, innovation and efficiency and ensuring their integrated governance;

(14.3)  preparing and implementing programs and measures regarding energy transition, innovation and efficiency;

(14.4)  contributing to the financing of programs and measures regarding energy transition, innovation and efficiency;

(14.5)  ensuring the coordination of all programs and measures regarding energy transition, innovation and efficiency;

(14.6)  supporting research and development in the energy sector;

(14.7)  administering certification programs;

(14.8)  preparing reports and benchmarking studies on energy-related matters and advising the Government on standards and other elements that may influence energy consumption, and proposing appropriate changes;

(15)  monitoring the quality of energy products, especially in view of their use;

(16)  keeping registers of conceded rights pertaining to the domain of the State;

(16.1)  overseeing all aspects of forest management in forests in the domain of the State;

(16.2)  (paragraph repealed);

(16.3)  encouraging the development of private forests;

(16.4)  (paragraph repealed);

(16.5)  carrying out, in accordance with the Sustainable Forest Development Act (chapter A-18.1), forest management activities;

(16.6)  devising and implementing research and development programs in the fields of forestry and the processing of forest resources;

(16.7)  ensuring the protection of forest resources against fire, epidemics and diseases and carrying out phytosanitary tests on such resources;

(16.8)  contributing to the development, adaptation and modernization of wood processing plants and other activities using ligneous matter;

(16.9)  encouraging the marketing and sale of forest products;

(16.10)  encouraging the participation of the forestry sector in regional development;

(17)  administering the legislation relating to the cadastre, cartography and land registration and mineral, hydraulic, energy and forest resources;

(17.1)  being in charge of the organization and inspection of the Land Registry Office;

(17.2)  having superintendence over the Land Registrar and the deputy registrars;

(17.3)  )renewing the cadastre, keeping cadastral plans up to date and ensuring the publication of cadastral data;

(17.4)  keeping the land register and ensuring the publication of land rights;

(17.5)  (paragraph repealed);

(17.6)  providing, on request and in return for payment, specialized goods and services in the field of land surveying and in the fields referred to in subparagraphs 17.3 and 17.4;

(17.7)  supplying, on request and in return for payment, information in the fields referred to in subparagraph 17.6;

(17.7.1)  providing, on request and in return for payment or free of charge, specialized goods and services in the field specified in paragraph 3 of section 12.2;

(17.7.2)  supplying, on request and in return for payment or free of charge, information in the fields of cadastres, land registration and land surveying as well as in the field specified in paragraph 3 of section 12.2;

(17.8)  collecting the information referred to in the third paragraph of section 9 of the Act respecting duties on transfers of immovables (chapter D-15.1), compiling it and sending it to the Minister of Finance in the manner agreed on with that Minister;

(18)  performing any other function assigned to him by the Government.

The departments and the government bodies governed by section 2 of the Financial Administration Act (chapter A-6.001) as well as Hydro-Québec must, on the Minister’s request, gratuitously send the Minister the information necessary for the exercise of the Minister’s powers and functions in the fields referred to in subparagraphs 8 to 8.2 of the first paragraph.

1979, c. 81, s. 12; 1987, c. 23, s. 85, s. 86; 1988, c. 43, s. 1; 1990, c. 64, s. 33; 1994, c. 13, s. 6; 1995, c. 20, s. 1; 1997, c. 64, s. 18; 1999, c. 40, s. 189; 2000, c. 42, s. 192; 2006, c. 40, s. 8; 2005, c. 10, s. 69; 2011, c. 16, Sch. II, s. 44; 2010, c. 3, s. 311; 2016, c. 35, s. 1; 2018, c. 18, s. 128; 2020, c. 19, s. 46; 2020, c. 17, s. 86.

Not in force

12.0.1. (Not in force).

2007, c. 39, s. 34.

Not in force

12.0.2. (Not in force).

2007, c. 39, s. 34.

12.1. With respect to wildlife, the functions and powers of the Minister consist in

(1)  managing wildlife harvesting activities within the scope of the Act respecting the conservation and development of wildlife (chapter C‐61.1) and the Act respecting hunting and fishing rights in the James Bay and New Québec territories (chapter D‐13.1), in particular with regard to the development and application of related standards, and with regard to authorizations, certificates, licences, and the leasing of exclusive rights;

(2)  ensuring adequate supervision and monitoring of the use of wildlife resources, and safeguarding the integrity of wildlife biodiversity and wildlife settings;

(3)  promoting joint action and ensuring coordination among the stakeholders in the fields of wildlife and wildlife habitats;

(4)  formulating policies concerning wildlife and wildlife habitats, implementing those policies and coordinating their application;

(5)  fostering the development of wildlife on private lands;

(6)  promoting hunting, fishing and trapping, particularly by educating the younger generation;

(7)  (paragraph repealed).

2004, c. 11, s. 40; 2006, c. 3, s. 28.

12.2. The functions and powers of the Minister, as Surveyor-General of Québec, consist in

(1)  surveying the lands in the domain of the State and Québec’s borders;

(2)  describing the limits of administrative territories and territories with special legal status, in cases under the Minister’s authority;

(3)  establishing and updating the Register of the domain of the State; and

(4)  administering the Act respecting land survey (chapter A-22).

2006, c. 40, s. 9.

13. (Repealed).

1979, c. 81, s. 13; 1987, c. 23, s. 87.

14. (Repealed).

1979, c. 81, s. 14; 1987, c. 23, s. 87.

14.1. The Minister shall devise and propose to the Government policies pertaining to the activities of the department. He shall direct and coordinate the implementation of such policies.

1994, c. 13, s. 7.

15. The Minister may, in the exercise of his functions, grant subsidies.

He may also, with the authorization of the Government, grant any other form of financial assistance.

1979, c. 81, s. 15; 1990, c. 64, s. 34; 1994, c. 13, s. 8; 1996, c. 14, s. 30.

16. The Minister, in conformity with the Act, may enter into an agreement with any government or agency in conformity with the interests and rights of Québec to facilitate the carrying out of this Act or of any Act under his administration.

1979, c. 81, s. 16; 1994, c. 13, s. 9; 2003, c. 8, s. 3.

17. (Repealed).

1979, c. 81, s. 17; 1987, c. 23, s. 87.

17.1. Any employee of the department may, in the performance of his duties, enter on or pass over private land at any reasonable time.

The employee shall, on request, identify himself and show the certificate signed by the Minister attesting his capacity.

1987, c. 23, s. 88.

DIVISION II.0.1 ENERGY TRANSITION, INNOVATION AND EFFICIENCY MASTER PLAN

2005, c. 19, s. 2; 2010, c. 3, s. 312; 2020, c. 19, s. 47.

17.1.1. In this division,

“energy distributor” means

(1)  an identified energy distributor;

(2)  a fuel distributor; or

(3)  a municipal electric power system governed by the Act respecting municipal and private electric power systems (chapter S-41) or the Coopérative régionale d’électricité de Saint-Jean-Baptiste de Rouville governed by the Act respecting the Coopérative régionale d’électricité de Saint-Jean-Baptiste de Rouville and repealing the Act to promote rural electrification by means of electricity cooperatives (1986, chapter 21);

“identified energy distributor” means

(1)  Hydro-Québec when carrying on electric power distribution activities; or

(2)  a natural gas distributor as defined in section 2 of the Act respecting the Régie de l’énergie (chapter R-6.01);

“fuel distributor” means

(1)  a person who refines, manufactures, mixes, prepares or distils fuel in Québec;

(2)  a person who brings or causes to be brought into Québec fuel contained in one or more receptacles with a total capacity of over 200 litres, except fuel contained in a fuel tank installed as standard equipment to supply the engine of a vehicle;

(3)  a person who, in Québec, exchanges fuel with a person described in paragraph 1; or

(4)  a legal person or partnership that brings fuel into Québec for a purpose other than resale.

For the purposes of the definition of “fuel distributor” in the first paragraph, “fuel” means gasoline, diesel fuel, heating oil or propane, but not aviation fuel, marine bunker fuel, hydrocarbons used as raw material by industries that transform hydrocarbon molecules through chemical or petrochemical processes, or renewable fuel content.

For the purposes of the second paragraph,

“diesel fuel” means a liquid mixture of hydrocarbons obtained from the refining of petroleum and intended to supply diesel engines;

“gasoline” means a liquid mixture of hydrocarbons obtained from the refining of petroleum mainly for use as spark ignition engine fuel;

“heating oil” means a liquid mixture of hydrocarbons obtained from the refining of petroleum and used for domestic, commercial, institutional or industrial heating;

“propane” means a liquid mixture of hydrocarbons obtained from the refining of petroleum or the processing of natural gas and used either as spark ignition engine fuel or for such purposes as cooking and domestic, commercial, institutional and industrial heating.

2005, c. 19, s. 2; 2010, c. 3, s. 312; 2020, c. 19, s. 47.

17.1.2. Every five years, the Minister shall set the policy directions and general objectives as well as the targets to be achieved regarding energy transition, innovation and efficiency in compliance with the principles and objectives set out in the climate change framework policy provided for in section 46.3 of the Environment Quality Act (chapter Q-2).

The policy directions, general objectives and targets shall be submitted to the Government for approval.

2005, c. 19, s. 2; 2007, c. 39, s. 35; 2010, c. 3, s. 312; 2020, c. 19, s. 47.

17.1.3. The departments, bodies and identified energy distributors must submit to the Minister, within the time specified by the Minister, the programs and measures they propose to make available to their clients for a five-year period to make it possible to achieve the targets.

The programs and measures submitted must contain a description of the actions to be carried out, and the budgetary estimates, method of financing and time frame for carrying them out.

The Minister may, in order to ensure consistency among the programs and measures or if he considers that they will not make it possible to meet the policy directions, general objectives and targets, request that a department, body or identified energy distributor make the necessary changes to the programs or measures for which it is responsible, except those approved under section 85.41 of the Act respecting the Régie de l’énergie (chapter R-6.01).

2005, c. 19, s. 2; 2007, c. 39, s. 36; 2010, c. 3, s. 312; 2020, c. 19, s. 47.

17.1.3.1. (Repealed).

2007, c. 39, s. 37; 2010, c. 3, s. 312.

17.1.4. In keeping with the principle of sustainable development, the Minister shall prepare and submit to the Government a five-year energy transition, innovation and efficiency master plan.

For that purpose, the Minister shall establish, on the conditions the Minister determines, an advisory committee to advise him in preparing the master plan.

The master plan must include, in particular,

(1)  the policy directions, general objectives and targets regarding energy transition, innovation and efficiency;

(2)  a summary of the programs and measures that will be put in place by the departments, bodies and identified energy distributors to achieve the targets established in accordance with section 17.1.2, including the objectives pursued by the programs and measures, the target clientele, and their impact on greenhouse gas emissions;

(3)  the departments’, bodies’ and identified energy distributors’ budgetary estimates and time frames for carrying out the programs and measures;

(4)  the energy distributors’ financial investment toward preparing, carrying out, coordinating and updating the master plan, by form of energy;

(5)  the designation of the person responsible for implementing each program and measure;

(6)  a report on the energy situation in Québec and on progress made regarding energy transition, innovation and efficiency with respect to the targets established in the previous master plan; and

(7)  a list of priority research subjects regarding energy transition, innovation and efficiency.

The departments’ and bodies’ budgetary estimates determined in accordance with subparagraph 3 of the first paragraph must be consistent with the expenditure and investment estimates approved in accordance with section 48 of the Financial Administration Act (chapter A-6.001).

2005, c. 19, s. 2; 2010, c. 3, s. 312; 2020, c. 19, s. 47.

17.1.5. The Government shall authorize the implementation of the master plan if it is consistent with the policy directions, general objectives and targets regarding energy transition, innovation and efficiency.

Except for the programs and measures subject to the approval of the Régie de l’énergie under section 85.41 of the Act respecting the Régie de l’énergie (chapter R-6.01), the master plan comes into force, following the authorization of the Government, on 1 April following the end of the period covered by the previous master plan or on the date set by the Government.

The Minister shall make the master plan public before it comes into force.

2005, c. 19, s. 2; 2010, c. 3, s. 312; 2020, c. 19, s. 47.

17.1.6. The Minister shall amend the master plan during the five-year period if the Minister considers, in particular, that the energy context, a review of the programs and measures contained in the plan, or the decision of the Régie de l’énergie under the first paragraph of section 85.41 of the Act respecting the Régie de l’énergie (chapter R-6.01) so requires.

Except for the programs and measures subject to the approval of the Régie de l’énergie under section 85.41 of the Act respecting the Régie de l’énergie, if an amendment could compromise the policy directions, general objectives or targets set regarding energy transition, innovation and efficiency, the Minister shall submit the amended master plan to the Government for authorization.

As applicable, the amended master plan comes into force following the authorization of the Government or on the date set by the Minister.

The Minister shall make the amended master plan public before it comes into force.

2005, c. 19, s. 2; 2010, c. 3, s. 312; 2020, c. 19, s. 47.

17.1.7. Departments, bodies and identified energy distributors must carry out the programs and measures for which they are responsible under the master plan.

If an identified energy distributor is unable to carry out such a program or measure within the time and in the manner specified in the master plan, it must notify the Minister as soon as possible. The Minister may, at the distributor’s expense, implement the program or measure the distributor has failed to carry out after giving the distributor 30 days’ written notice to that effect.

2005, c. 19, s. 2; 2010, c. 3, s. 312; 2020, c. 19, s. 47.

17.1.8. The Minister shall determine and make public the performance indicators used to measure achievement of results under the master plan.

2005, c. 19, s. 2; 2010, c. 3, s. 312; 2020, c. 19, s. 47.

17.1.9. The departments, bodies and identified energy distributors must, each year, on the date set by the Minister, send the latter a status report on the actions undertaken under the master plan, as well as the results obtained, including those based on the performance indicators provided for in section 17.1.8.

2005, c. 19, s. 2; 2010, c. 3, s. 312; 2020, c. 19, s. 47.

17.1.10. Not later than 30 September of each year, the Minister shall make public a report on the actions undertaken under the master plan as well as the results obtained, including those based on the performance indicators provided for in section 17.1.8.

2005, c. 19, s. 2; 2010, c. 3, s. 312; 2020, c. 19, s. 47.

17.1.11. Every energy distributor must pay to the Minister its annual contribution determined by the Régie de l’énergie in accordance with the due dates, rate and calculation method prescribed by regulation of the Government. The regulation may also prescribe the terms of payment, the rate of interest on sums due and the penalties payable for failure to pay.

The rate, calculation method and terms of payment referred to in the first paragraph may, among other things, vary from one distributor or class of distributors to another. The regulation may also exempt a distributor or class of distributors.

The amount of the penalty that may be determined by the Government under the first paragraph may not exceed 15% of the sums due.

2020, c. 19, s. 47.

17.1.12. For the purposes of this division, the Minister may request that a department, body or energy distributor provide to the Minister, within the time the Minister specifies, any information or document the Minister considers necessary.

2020, c. 19, s. 47.

DIVISION II.1 SPECIAL FUNDS

1988, c. 43, s. 2; 2000, c. 42, s. 193.

§ 1 . — Territorial Information Fund

2000, c. 42, s. 193; 2011, c. 16, s. 36.

17.2. The Territorial Information Fund is established.

1988, c. 43, s. 2; 2000, c. 42, s. 194; 2011, c. 16, s. 36.

17.3. The following are credited to the Fund, exclusive of the interest earned:

(1)  the sums received for goods and services financed by the fund;

(2)  the sums transferred to the Fund by the Minister of Finance under sections 53 and 54 of the Financial Administration Act (chapter A-6.001);

(3)  the sums transferred to the Fund by the Minister out of the appropriations allocated for that purpose by Parliament;

(4)  the sums referred to in section 17.12.0.1;

(5)  the fees collected under section 8.1 of the Act to promote the reform of the cadastre in Québec (chapter R-3.1);

(5.1)  the sums paid into the Fund by the Société du Plan Nord under an agreement providing for their allocation, in accordance with section 21 of the Act respecting the Société du Plan Nord (chapter S-16.011);

(6)  the sums transferred to the Fund in accordance with an order made under the second paragraph of section 17.4.

1988, c. 43, s. 2; 1999, c. 11, s. 52; 2011, c. 16, s. 37; 2011, c. 18, s. 222; 2013, c. 16, s. 41; 2014, c. 16, s. 83.

17.4. The Fund shall be used to finance the costs of the activities, goods and services carried out, supplied or provided under subparagraphs 8, 8.1, 8.2, 10, 17.3, 17.4, 17.6, 17.7, 17.7.1, 17.7.2 and 17.8 of the first paragraph of section 12 and section 12.2 and to finance the costs related to preparing programs for the development of lands in the domain of the State and to planning and drawing up land-use guidelines.

The Government may, on the conditions it determines and on the recommendation of the Minister, order that a part, which it fixes, of any sum that would otherwise be credited to the general fund be credited to the Fund.

An order under the second paragraph may take effect as of the start date of the fiscal year in which it is made.

1988, c. 43, s. 2; 2011, c. 16, s. 38; 2011, c. 18, s. 223; 2013, c. 16, s. 42; 2018, c. 18, s. 129; 2020, c. 17, s. 87.

17.5. (Repealed).

1988, c. 43, s. 2; 1994, c. 13, s. 10; 2000, c. 15, s. 126; 2003, c. 8, s. 2; 2006, c. 3, s. 35; 2011, c. 16, s. 38; 2011, c. 18, s. 224.

17.6. (Replaced).

1988, c. 43, s. 2; 2011, c. 16, s. 38.

17.7. (Replaced).

1988, c. 43, s. 2; 2011, c. 16, s. 38.

17.8. (Repealed).

1988, c. 43, s. 2; 1991, c. 73, s. 6; 2000, c. 8, s. 168; 2000, c. 15, s. 127; 2011, c. 18, s. 225.

17.9. (Repealed).

1988, c. 43, s. 2; 2011, c. 18, s. 225.

17.10. (Repealed).

1988, c. 43, s. 2; 2011, c. 18, s. 225.

17.10.1. (Repealed).

1999, c. 11, s. 53; 2011, c. 16, s. 39; 2011, c. 18, s. 225.

17.11. (Repealed).

1988, c. 43, s. 2; 2011, c. 18, s. 225.

17.12. (Repealed).

1988, c. 43, s. 2; 1999, c. 40, s. 189; 2011, c. 18, s. 225.

17.12.0.1. The Minister may, subject to the applicable legislative provisions and with the authorization of the Government, make agreements with any government, body or person to facilitate the production of the goods and services financed by the Fund. Any sums payable pursuant to such an agreement shall be credited to the Fund.

2011, c. 16, s. 40; 2011, c. 18, s. 226.

§ 2 . —

(Repealed, 2011, c. 16, s. 41).

2000, c. 42, s. 195; 2011, c. 16, s. 41.

17.12.1. (Repealed).

2000, c. 42, s. 195; 2011, c. 16, s. 41.

17.12.2. (Repealed).

2000, c. 42, s. 195; 2011, c. 16, s. 41.

17.12.3. (Repealed).

2000, c. 42, s. 195; 2006, c. 40, s. 10; 2011, c. 16, s. 41.

17.12.4. (Repealed).

2000, c. 42, s. 195; 2003, c. 8, s. 2; 2006, c. 3, s. 35; 2011, c. 16, s. 41.

17.12.5. (Repealed).

2000, c. 42, s. 195; 2011, c. 16, s. 41.

17.12.6. (Repealed).

2000, c. 42, s. 195; 2011, c. 16, s. 41.

17.12.7. (Repealed).

2000, c. 42, s. 195; 2011, c. 16, s. 41.

17.12.8. (Repealed).

2000, c. 42, s. 195; 2011, c. 16, s. 41.

17.12.9. (Repealed).

2000, c. 42, s. 195; 2011, c. 16, s. 41.

17.12.10. (Repealed).

2000, c. 42, s. 195; 2011, c. 16, s. 41.

17.12.11. (Repealed).

2000, c. 42, s. 195; 2011, c. 16, s. 41.

§ 3 . — Natural Resources Fund

2011, c. 16, s. 54.

17.12.12. A Natural Resources Fund is established to finance certain activities of the department. The Fund consists of the following components:

(1)  a forestry component, whose purpose is to finance activities relating to seedling production, forestry inventory data and forestry research and other activities aimed at maintaining or improving the protection, development or processing of forest resources;

(2)  a sustainable forest development component, whose purpose is to finance activities relating to sustainable forest development and forest management, increasing timber production, forestry research and other activities relating to forest education and awareness and to the protection, development or processing of forest resources;

(3)  (subparagraph repealed);

(4)  a mining heritage component, whose purpose is to finance activities that foster the development of mineral potential, including such activities as geoscience knowledge acquisition, research and development in mining exploration and development and mining site rehabilitation and restoration techniques, and support for the development of Québec entrepreneurship;

(5)  a fossil energy management component, whose purpose is to finance work and activities necessary for the purposes of the Petroleum Resources Act (chapter H-4.2), of the other provisions of that Act accessory to those divisions, and of the regulations made under them; and

(6)  a mining activity management component, whose purpose is to finance activities relating to the application of the Mining Act, except the activities under subparagraph 5, the Act respecting transparency measures in the mining, oil and gas industries (chapter M-11.5) and the regulations.

The Government may, on the conditions it determines and on the recommendation of the Minister, order that a part, which it fixes, of any sum that would otherwise be credited to the general fund be credited to one of the components of the Fund.

An order under the second paragraph may take effect as of the start date of the fiscal year in which it is made.

The Minister may transfer an advance made to one component of the Fund to another.

2011, c. 16, s. 54; 2011, c. 18, s. 227; 2013, c. 16, s. 53; 2016, c. 35, s. 1; 2016, c. 35, s. 23; 2020, c. 19, s. 48.

17.12.13. The balance of the Fund corresponds to the sum of the balances of its components.

In addition to the sums credited to those components under the second paragraph of section 17.12.12, sections 17.12.14 to 17.12.17, 17.12.19 and 17.12.20, the following sums are credited to the appropriate component according to the purpose for which they are transferred to or paid into the Fund:

(1)  the sums transferred to the Fund by the Minister out of the appropriations granted by Parliament for the purpose referred to in section 17.12.12;

(2)  the sums transferred to the Fund by the Minister of Finance under sections 53 and 54 of the Financial Administration Act (chapter A-6.001);

(2.1)  the sums paid into the Fund by the Société du Plan Nord under an agreement providing for their allocation, in accordance with section 21 of the Act respecting the Société du Plan Nord (chapter S-16.011);

(3)  the gifts, legacies and other contributions paid into the Fund to further its objects.

2011, c. 16, s. 54; 2011, c. 18, s. 228; 2013, c. 16, s. 54; 2014, c. 16, s. 84.

17.12.14. The following sums are credited to the forestry component of the Fund:

(1)  the sums collected by the Minister under section 73.5 and the fourth paragraph of sections 92.0.2 and 92.0.11 of the Forest Act (chapter F-4.1) which, in addition to any related surplus, are allocated exclusively to the financing of activities connected with forest management and development;

(2)  the sums collected in respect of the sale of property or services financed by the Fund;

(3)  the part that exceeds $500,000 of the fines paid by offenders during a fiscal year for an offence under the Forest Act or the regulations;

(4)  the sums collected after 31 March 2003 in respect of the sale of timber confiscated by the Minister under section 203 of the Forest Act and the proceeds of the sale of the timber deposited after that date with the Ministère des Finances under section 192 of that Act following the guilty plea or conviction of an offender;

(5)  the damages, including any punitive damages awarded by the court under section 172.3 of the Forest Act, paid following a civil action for damage caused to a forest in the domain of the State, in particular where the person responsible for the damage cut timber illegally;

(6)  the sums paid to reimburse the costs incurred by the Minister under the second paragraph of section 59.2 of the Forest Act to establish a general forest management plan;

(7)  the sums paid to reimburse the costs incurred by the Minister under the second paragraph of section 61 of the Forest Act to establish a corrective plan and the sums paid to reimburse the costs incurred by the Minister under section 61.1 of that Act to perform any contractual obligation referred to in section 60 of that Act which an agreement holder failed to perform;

(8)  the interest on bank balances in proportion to the sums referred to in subparagraph 1 of this paragraph and paragraph 3 of section 17.12.13.

The Government may authorize the transfer to the forestry component of the Fund, out of the sums credited to the general fund, of part of the sums paid under section 71 of the Forest Act by the holders of a timber supply and forest management agreement.

The Government determines the manner in which the sums are transferred to the forestry component of the Fund as well as the activities, from among those for which that component is reserved, that the sums are to be used for.

The surpluses accumulated in the forestry component are transferred to the general fund on the dates and to the extent determined by the Government, in proportion to the sums credited to the forestry component under subparagraph 2 of the first paragraph, the second paragraph and paragraph 1 of section 17.12.13.

2011, c. 16, s. 54; 2011, c. 18, s. 229.

17.12.15. The following sums are credited to the sustainable forest development component of the Fund:

(1)  the sums transferred to the Fund under the second paragraph;

(1.1)  the contributions from forest resource management delegatees that are party to a management delegation agreement entered into under section 17.22, paid to the Minister under section 17.24.1;

(2)  the income generated by administrative fees paid for the examination of applications for forestry permits or wood processing plant operating permits issued under the Sustainable Forest Development Act (chapter A-18.1), or for the examination of applications for a forest producer’s certificate issued under that Act, including the fees paid for copies of those certificates;

(3)  the sums collected in respect of the sale of property or services financed by the Fund;

(4)  the fines paid by offenders against the Sustainable Forest Development Act or the regulations;

(5)  the sums paid as a reimbursement of the costs incurred by the Minister under the second paragraph of section 65 of the Sustainable Forest Development Act to take the corrective measures required of those who carry out forest development activities;

(6)  the sums collected from the sale of timber confiscated by the Minister under section 223 of the Sustainable Forest Development Act and the proceeds of the sale of timber deposited with the Bureau général de dépôts pour le Québec under section 215 of that Act following the guilty plea or conviction of an offender;

(7)  the damages, including any punitive damages awarded by the court under section 226 of the Sustainable Forest Development Act, paid following a civil action for damage caused to a forest in the domain of the State, in particular where the person responsible for the damage cut timber illegally;

(8)  the income from investments of the sums credited to the sustainable forest development component.

The Government may authorize the transfer to the sustainable forest development component of the Fund, out of the sums credited to the general fund, of part of the following sums required for the financing of activities referred to in Chapter VI of Title II of the Sustainable Forest Development Act and of activities related to increasing timber production, or for the establishment of a reserve:

(1)  the proceeds from the sale of timber and other forest products in the domain of the State;

(2)  the fees paid by holders of forestry permits or wood processing plant operating permits issued under the Sustainable Forest Development Act.

The surpluses accumulated in the sustainable forest development component, except the sums referred to in the second paragraph, are transferred to the general fund in the proportion, on the dates and to the extent determined by the Government.

2011, c. 16, s. 54; 2011, c. 18, s. 230; 2013, c. 2, s. 70; 2016, c. 7, s. 183.

17.12.16. (Repealed).

2011, c. 16, s. 54; 2011, c. 18, s. 231; 2016, c. 35, s. 1.

17.12.17. The following sums are credited to the mining heritage component of the Fund:

(1)  the sums collected as mining duties under the Mining Tax Act (chapter I-0.4) and paid into the Fund on the dates and to the extent determined by the Government;

(1.1)  (subparagraph repealed);

(2)  the income from investments of the sums credited to the mining heritage component.

The surpluses accumulated in the mining heritage component are transferred to the general fund on the dates and to the extent determined by the Government.

2011, c. 16, s. 54; 2011, c. 6, s. 290; 2011, c. 18, Sch. I, s. 13, s. 18; 2011, c. 18, Sch. I, s. 13; 2011, c. 18, s. 232; 2013, c. 16, s. 138; 2014, c. 16, s. 85.

17.12.18. (Repealed).

2011, c. 16, s. 54; 2011, c. 18, s. 233.

17.12.19. The following sums are credited to the fossil energy management component of the Fund:

(1)  the sums collected under the Petroleum Resources Act (chapter H-4.2) or the regulations, except a part, determined by the Minister, of the fees collected for an exploration, production or storage licence or an authorization to produce brine, the royalties paid for petroleum and brine production, and the fees paid for petroleum storage;

(1.1)  the amounts from the imposition of monetary administrative penalties under Chapter XV of the Petroleum Resources Act;

(2)  the fines paid by offenders against the Petroleum Resources Act or the regulations;

(3)  the sums collected in respect of the sale of property or services by the component; and

(4)  the income from the investment of the sums making up the fossil energy management component.

The surpluses accumulated in the fossil energy management component are transferred to the general fund on the dates and to the extent determined by the Government.

2013, c. 16, s. 55; 2016, c. 35, s. 23; 2020, c. 19, s. 49.

17.12.20. The following sums are credited to the mining activity management component of the Fund:

Not in force

(1)  the sums collected under section 61 of the Mining Act (chapter M-13.1) for the renewal of a claim, up to $2,500,000 per fiscal year;

(2)  the sums collected in respect of the sale of property or services financed by the component; and

(3)  the income from the investment of the sums making up the mining activity management component.

The surpluses accumulated in the mining activity management component are transferred to the general fund on the dates and to the extent determined by the Government.

2013, c. 16, s. 55.

§ 4 . — Energy Transition, Innovation and Efficiency Fund

2016, c. 35, s. 23; 2020, c. 19, s. 50.

17.12.21. The Energy Transition, Innovation and Efficiency Fund is established.

The Fund is dedicated to the financing of activities related to energy transition, innovation and efficiency.

The Government may, on the conditions it determines and on the recommendation of the Minister, order that a part, which it fixes, of any sum that would otherwise be credited to the general fund be credited to the Fund.

An order under the third paragraph may take effect as of the start date of the fiscal year in which it is made.

2016, c. 35, s. 23; 2020, c. 19, s. 51.

17.12.22. The following sums are credited to the Fund:

(0.1)  the annual contribution collected from energy distributors under section 17.1.11;

(1)  the fees collected for an exploration, production or storage licence or an authorization to produce brine under the Petroleum Resources Act (chapter H-4.2) that are not credited to the fossil energy management component of the Natural Resources Fund;

(2)  the royalties paid for petroleum and brine production that are determined by the Government and the fees paid for petroleum storage under the Petroleum Resources Act;

(3)  the fines paid by offenders against the Act respecting energy efficiency and energy conservation standards for certain electrical or hydrocarbon-fuelled appliances (chapter N-1.01);

(4)  the sums transferred to it by the Minister out of the appropriations allocated for that purpose by Parliament;

(5)  the sums transferred to it by the Minister of Finance under sections 53 and 54 of the Financial Administration Act (chapter A‑6.001);

(6)  the gifts, legacies and other contributions paid into the Fund to further the achievement of its objects; and

(7)  the revenue generated by the sums credited to the Fund.

2016, c. 35, s. 23; 2020, c. 19, s. 52; I.N. 2020-12-10.

17.12.23. (Repealed).

2016, c. 35, s. 23; 2020, c. 19, s. 53.

DIVISION II.2 REGIONAL DEVELOPMENT

1995, c. 20, s. 2; 2010, c. 3, s. 314.

§ 1 . — Program

2010, c. 3, s. 315.

17.13. The Minister may, with the approval of the Government, prepare programs for the development of lands that are under his authority, as well as natural resources in the domain of the State, and its wildlife and wildlife habitats, in order to encourage regional development or implement any other governmental policy.

Such a program identifies the regulatory powers assigned to the Government and provided for in the Act respecting the lands in the domain of the State (chapter T-8.1) and the Sustainable Forest Development Act (chapter A-18.1) that the Minister may, for the purposes of the implementation of the program, delegate to a municipality, in accordance with section 17.22.

1995, c. 20, s. 2; 1999, c. 40, s. 189; 2001, c. 6, s. 150; 2010, c. 3, s. 316; 2013, c. 2, s. 71.

17.14. The Minister may, for the purposes of such programs, acquire any property, transfer the ownership of, authority over or administration of any land in the domain of the State that is under his authority and of the property situated thereon, transfer such land and property gratuitously, lease them or grant any other right therein to the legal person designated by the Minister.

The Minister may, for the same purposes, apply to a person the Minister designates any measure necessary to foster the sustainable development, the integrated management, the conservation or the enhancement of natural resources and wildlife, including a measure granting rights other than those provided for in the Acts under the Minister’s administration. The rights so granted may not, however, limit the rights previously granted on land in the domain of the State.

1995, c. 20, s. 2; 1997, c. 93, s. 126; 1999, c. 40, s. 189; 2001, c. 6, s. 151; 2003, c. 16, s. 51; 2010, c. 3, s. 317.

17.15. Land, property, natural resources and wildlife the Minister included in a program may be exempted from the application of the Acts for which the Minister is responsible to the extent specified in the program.

The Minister may also exempt them from a program in order to include them in another program or to again subject them to the applicable Acts.

1995, c. 20, s. 2; 1999, c. 40, s. 189; 2001, c. 6, s. 152; 2010, c. 3, s. 318.

17.16. (Repealed).

1995, c. 20, s. 2; 2001, c. 6, s. 153; 2010, c. 3, s. 319.

17.17. Sections 28 and 29 of the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1) do not apply to any land alienated by the Minister in favour of a municipality in accordance with a program.

1995, c. 20, s. 2; 1996, c. 26, s. 85.

17.18. Transfers of ownership effected by the Minister under section 17.14 may be published without it being necessary to observe the prescriptions of the Civil Code and of the regulations thereunder concerning the publication of rights.

The transfers shall be registered in the land register by the registrar on presentation of the act evidencing them.

1995, c. 20, s. 2.

§ 2 . — Local forests

2010, c. 3, s. 320.

17.19. The Minister shall establish and make public a policy on the basis of which the Minister may divide land areas into local forests in order to foster socio-economic development projects in a particular region or community. The policy must define, among other things, the criteria for selecting land areas and dividing them into local forests.

Before the policy is published, the Minister consults Native communities and the rest of the population. Before the division into local forests is carried out, the Minister also consults the ministers, regional bodies and Native communities concerned.

The division into local forests is made public. The perimeter of the forests is drawn on maps posted on the department’s website.

2010, c. 3, s. 320.

17.20. The Minister may change the division into local forests. The Minister first consults the same groups as for the initial division and makes the change and the date of its coming into force public.

2010, c. 3, s. 320.

17.21. The management of land areas divided into local forests may be delegated by the Minister under subdivision 3.

2010, c. 3, s. 320.

§ 3 . — Management delegation

2010, c. 3, s. 320.

17.22. The Minister may, by agreement, delegate to a Native band council, a municipality, a legal person or another body part of the management of land areas in the domain of the State, including the hydraulic, mineral, energy, forest and wildlife resources in those areas. Management is delegated, among other things, for the planning, carrying out, following-up and monitoring of operations. Management delegated to a municipality may include the exercise of regulatory powers assigned to the Minister under the Acts under the responsibility of the Minister or assigned to the Government under the Act respecting the lands in the domain of the State (chapter T-8.1) or the Sustainable Forest Development Act (chapter A-18.1) but only, in the latter case, to the extent and in the manner provided for in a program prepared under section 17.13.

The Minister may also delegate to those groups, by agreement, the management of a program the Minister devises under paragraph 3, 14.3 or 16.6 of section 12. The same applies to a program the Minister prepares under section 17.13, to the extent and in the manner provided for in the program.

2010, c. 3, s. 320; 2013, c. 2, s. 72; 2020, c. 19, s. 54.

17.23. The delegation agreement must include

(1)  the land area covered by the delegation;

(2)  the powers delegated and the responsibilities and obligations that the delegate must meet;

(3)  the marketing conditions, if applicable, of the natural resources developed and the rules applicable to the income generated by their sale, including the part of the income that the delegate may keep and the purposes for which it may be used;

(4)  the objectives and targets to be attained, including effectiveness and efficiency objectives and targets, and the data or information to be provided;

(5)  the specific rules relating to the contracts the delegate may grant;

(6)  the reports required on the achievement of objectives and targets;

(7)  the manner in which the Minister is to oversee the delegate’s management and intervene if the objectives and targets are not attained;

(8)  the penalties applicable if the obligations under the agreement are not met or a legislative or regulatory provision is not complied with; and

(9)  if the delegatee is a regional county municipality, the delegated powers that may be subdelegated to a local municipality whose territory is included in that of the regional county municipality, as well as the terms governing the subdelegation.

The agreement must also provide that the exercise of powers by a delegate is not binding on the Government.

2010, c. 3, s. 320; 2013, c. 2, s. 73.

17.24. The Minister makes the delegation agreement public.

2010, c. 3, s. 320.

17.24.1. Forest resource management delegatees must, in accordance with the terms determined by ministerial regulation, pay a contribution to the Minister for the funding of the goods and services available to them, in particular for activities related to the management or sustainable development of the area covered by the delegation or for other activities carried out in the area that may be financed by the sustainable forest development component of the Natural Resources Fund.

The contribution is established on the basis of a percentage of the revenues generated by the activities carried out in the area covered by the delegation, minus management costs for the area, or on the basis of any other computation rule determined by ministerial regulation.

2013, c. 2, s. 74.

17.24.2. The Minister may, by regulation,

(1)  set the percentage of revenues generated by the activities carried out in an area covered by a delegation, on the basis of which the contribution to be paid by a forest resource management delegatee must be established, or determine any other computation rule to establish the contribution;

(2)  determine the terms of payment of the contribution the forest resource management delegatee must make to the Minister, as well as the documents and information the delegatee must send to the Minister.

2013, c. 2, s. 74.

DIVISION III TRANSITIONAL AND FINAL PROVISIONS

18. (Amendment integrated into c. E-18, s. 4).

1979, c. 81, s. 18.

19. (Amendment integrated into c. M-34, s. 1).

1979, c. 81, s. 19.

20. (Omitted).

1979, c. 81, s. 20.

21. (Amendment integrated into c. H-5, s. 24).

1979, c. 81, s. 21.

22. (Amendment integrated into c. H-5, s. 25).

1979, c. 81, s. 22.

23. (Amendment integrated into c. H-5, s. 32).

1979, c. 81, s. 23.

24. (Omitted).

1979, c. 81, s. 24.

25. (Repealed).

1979, c. 81, s. 25; 1986, c. 108, s. 238; 1990, c. 64, s. 35.

26. The regulations and the orders made pursuant to the Act respecting the Ministère des Richesses naturelles (chapter M-26) or the Act respecting the Ministère des Terres et Forêts (chapter M-27) continue to be in force until they are repealed, amended or replaced by regulations or orders made pursuant to this Act.

1979, c. 81, s. 26.

27. The personnel of the Ministère des Richesses naturelles and the personnel of the Ministère des Terres et Forêts in office on 1 April 1980 become, without further formality, the personnel of the Ministère de l’Énergie et des Ressources, as may be determined by the Government.

1979, c. 81, s. 27.

28. The appropriations allocated to the Ministère des Richesses naturelles and the appropriations allocated to the Ministère des Terres et Forêts are transferred to the Ministère de l’Énergie et des Ressources, as the Government may determine.

1979, c. 81, s. 28.

29. The records of the Ministère des Richesses naturelles and the records of the Ministère des Terres et Forêts devolve upon the Ministère de l’Énergie et des Ressources.

1979, c. 81, s. 29.

30. The Minister of Energy and Resources becomes a party to any proceeding to which the Minister of Lands and Forests or the Minister of Natural Resources was a party, without continuance of suit, from 1 April 1980.

1979, c. 81, s. 30.

31. (Omitted).

1979, c. 81, s. 31.

32. (Omitted).

1979, c. 81, s. 32.

33. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter M-15.1 of the Revised Statutes, in force on 1 September 1994, is repealed, effective from the coming into force of chapter M-25.2 of the Revised Statutes.