Proposals for the selection, establishment and operation of local forests

Transcription

1 Proposals for the selection, establishment and operation of local forests CONSULTATION PAPER

2 Proposals for the selection, establishment and operation of local forests CONSULTATION PAPER Ministère des Ressources naturelles et de la Faune July 5, 2011

3 For more information, please contact: Direction des communications Ministère des Ressources naturelles et de la Faune 880, chemin Sainte-Foy, 9 e étage Québec (Québec) G1S 4X4 Telephone: From elsewhere in Québec: Fax: Services.clientele@mrnf.gouv.qc.ca Cover page photo Ministère des Ressources naturelles et de la Faune This publication is available online at: Ce document est également disponible en français. Legal deposit Bibliothèque et Archives nationales du Québec, 2011 Ministère des Ressources naturelles et de la Faune, 2011 ISBN (print version) ISBN (PDF) Gouvernement du Québec

4 Message from the minister Québec s regions are home to a wealth of assets, including the forests which encompass a wide range of environments and species while providing products and services that are key components in our wellbeing and development. These assets can be put to use thanks to the know-how, skill and innovative flair of our companies and workers, and thanks to their interest in the forest. For many of us, the forest is more than just a resource it is also a living environment. To highlight the assets making up this environment, and to stimulate social and economic development and maintain the vitality of local communities, among other reasons, the Québec government has decided to establish a series of local forests. This initiative reflects our intention to work in partnership with local elected officers, and to do more to integrate the needs and values of local communities into the forest management process. With its focus on delegated land and resource management within local forests, Québec is counting on the enterprising spirit of its citizens to implement projects that will allow them to play an active role in forest management, and to benefit directly from the profits derived from the sustainable development of forest lands. I hope that these local forests will become known for healthy, productive woodland, increased cooperation between forest users, harmonized uses and values, varied and valued jobs, diversified products and services and the reinvestment of income in social projects within the community. The implentation of local forests reflects our strong commitment towards local development, and we hope that it will strengthen the bond of attachment between citizens and the land and resources and generate increased pride in our forest lands. A true forest culture will blossom from the seeds sown in the local forests. It is with pleasure that I invite you to take part in the consultation process. The recommendations and comments submitted to me will be used in the drafting of the policy on local forests. The policy will then become another key element in the new forest regime, and will benefit our society as a whole. I hope you enjoy the consultations! Nathalie Normandeau Deputy Premier, Minister i of fnatural Resources and Wildlife and Minister responsible for the Plan Nord

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6 Table of contents Preamble... 1 Participation in the consultation process Concept and objectives Concept Objectives Delegated management Delegatees and partners Powers and responsibilities of the delegatee Local forest management delegation agreement Establishment of local forests Selection of local forests Conversion of forest management agreements (CtAF) Conversion of forest management contracts (CvAF) granted by the MRNF Conversion of territory management agreements (CGT) Delimitation of local forests Local forest operation Planning and carrying out local forest activities Planning during the implementation period ( ) Community participation Forest certification Timber marketing Use and allocation of income and profits PROPOSALS FOR THE SELECTION, ESTABLISHMENT AND OPERATION OF LOCAL FORESTS

7 6 Accountability and review of local forest performance Annual report Review Contribution to MRNF reports MRNF support for delegatees Appendix 1 Powers that may be delegated Appendix 2 Local forest selection criteria Appendix 3 Framework application for a local forest project Appendix 4 Overview of timber allocations on public land Glossary Abbreviations Main legislative provisions connected with local forests VI CONSULTATION PAPER

8 Preamble The Sustainable Forest Development Act (R.S.Q., chapter A-18.1) was assented to on April 1, It establishes a new forest regime based on sustainable forest management, and provides for the introduction of a policy on local forests. The proposals to be included in the policy are the focus of this public consultation. The policy is scheduled for release in the spring of 2012, while the new forest regime will be fully operational by April 1, 2013, the date set for local forests to come under local responsibility. To be truly sustainable, forest management must incorporate the values of the population concerned. For forests in the domain of the State, this requirement becomes particularly important, and can be addressed in various ways. Over the years, the Ministère des Ressources naturelles et de la Faune (MRNF) has held an increasing number of public consultations on an ever-broadening range of concerns, including the policy directions for forest management, the content of forest management plans, and the standards used to protect forests and their resources. In the fall of 2010, the MRNF launched a public consultation on the draft sustainable forest management strategy. The final version of the strategy, which is expected to be published in December 2011, will set out the approach chosen and the policy directions and objectives for sustainable forest management. One of its objectives is for local communities to take charge of the management and development of the forest environment. As reflected in many comments received during the public consultation, this objective raises great expectations, and also a number of questions. Some years ago, as part of a decentralizing process, the government established a partnership with local elected officers to tap their willingness and ability to promote development in their own communities. The MRNF took its first steps towards delegated land and forest management with some forest reserves close to municipalities and Native communities. It also set up a program to support the creation of regional parks, and transferred the management of public recreational leases, as well as the management of sand and gravel pits, to interested municipalities and regional county municipalities. Delegated management is the most effective 1 PROPOSALS FOR THE SELECTION, ESTABLISHMENT AND OPERATION OF LOCAL FORESTS

9 way to ensure that local values are taken into consideration, since it gives local elected officers responsibility for making the management choices that are required: - What should be the management vision for the land and resources placed under delegated management? - Which resources should be developed, and by whom? - How much emphasis should be placed on the type of management proposed? - What should the profits derived from land and resource development be used for? Delegated management responds to the will, frequently expressed by citizens and communities, of taking charge of their own development. It reflects the confidence the MRNF has in the abilities of local communities and regions. The proposals for local forests presented here are consistent with other recent MRNF actions. The future policy will promote local governance for forest lands located close to municipalities and Native communities. It will strengthen local initiatives and contribute to the development of communities, responding to another aim of the MRNF, which is to help revitalize communities in partnership with local elected officers. 2 CONSULTATION PAPER

10 Participation in the consultation process Public consultation is a fundamental element of sustainable forest management. It gives the general public an opportunity to voice its opinion and concerns about the management of forest lands and resources. The MRNF uses the public consultation process to ensure that its decisions reflect the values and needs of citizens and local and Native communities. The public consultation is to be held between September 6 and November 11, It is intended to meet the MRNF s obligation to consult the population and Native communities before releasing the policy on local forests. It defines the proposals and objectives that will underlie the future policy, and establishes procedures for its application, including the conversion of forest management agreements (contrats d aménagement forestier, or CtAF), forest management contracts (conventions d aménagement forestier, or CvAF) and territory management agreements (conventions de gestion territoriales, or CGT). To comment on the contents of this document, please use the E-form available on the website You can also submit a brief by to the address consultation-forets-proximite@mrnf.gouv.qc.ca, or mail it to: Consultation Forêts de proximité Ministère des Ressources naturelles et de la Faune Bureau du sous-ministre associé à Forêt Québec 880, chemin Sainte-Foy, RC-120 Québec (Québec) G1S 4X4 Information sessions will be organized in all regions of Québec. The time and location of each session can be obtained by going to the website or contacting the MRNF regional office for your region. The MRNF website also contains a range of useful information on the consultation, including the consultation paper and supplementary information. 3 PROPOSALS FOR THE SELECTION, ESTABLISHMENT AND OPERATION OF LOCAL FORESTS

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12 1 Concept and objectives 1.1 CONCEPT Proposal The local forest concept has two key elements: community forest management and proximity. A forest is considered to be under community management when most of the decision-makers are members of the community, 1 when it supports the hiring of workers from the community, and when the profits are redistributed at the local level. The notion of proximity has two aspects: geographical and socio-economical. Geographical proximity is generally measured in terms of the distance between the community and the forest concerned. The bond of attachment between the population and the forest, as reflected in the use made of the area and the historical links maintained with the forest, is also taken into account. Socio-economic proximity is assessed in terms of the relations established between the various stakeholders in the area, whether economic (business networks, partnerships, cooperatives, etc.), social (solidarity, commitment, community organizations) or political. The quality of the relations between individuals, businesses and institutions allows their various skills to be combined. It also promotes greater respect for the needs and values of various stakeholders in projects developed for the area. The management of local forests must incorporate and promote existing links, or help develop socio-economic proximity. Local forest management allows the communities in the vicinity to take charge of an area of public forest and some of its resources (see Appendix 1). The forest can then be managed to reflect the communities values, and the communities can reap direct socioeconomic benefits to meet their own needs. The local forest must also be managed with a view to economic development, and in a manner consistent with the principles of sustainable forest management. The management of a local forest must target the integration and harmonization of visions for and uses of forest land, with a view to social, economic and environmental sustainability. 1 In this document, the term community is used to refer to both local communities and Native communities, while the term local community refers to municipalities, cities, villages and regional county municipalities. 5 PROPOSALS FOR THE SELECTION, ESTABLISHMENT AND OPERATION OF LOCAL FORESTS

13 1.2 OBJECTIVES Proposal The establishment of local forests targets three main objectives: to give communities decision-making powers and certain responsibilities connected with the management and development of an area of public forest and some forest resources; to allow the socio-economic benefits derived from the development of the area established as a local forest and its resources to return directly to the community; many different benefits must be generated by the development of a local forest, and they will help communities diversify their socio-economic activities (for example, timber and wildlife resources, tourism, recreo-tourism, economic partnerships, social and community development, etc.); to help communities develop or consolidate expertise in the area of forest and resource management. QUESTION - Do the objectives appear to you to be appropriate and comprehensive? If not, please explain why. Photo: Jacques Robert NRCanada 6 CONSULTATION PAPER

14 2 Delegated management 2.1 DELEGATEES AND PARTNERS Proposal A management delegatee for a local forest must be a local municipality; a regional county municipality; a Native band council; or a combination of the above. It is essential for the management delegatee to be an accountable, representative entity in the community to ensure that the community s values are respected, that decisions are made democratically and that the income is used for the benefit of the community. The delegatee manages the area delimited as a local forest and the resources listed in the management delegation agreement signed with the Minister of Natural Resources and Wildlife. The delegatee may manage the local forest with partners of many different kinds (including natural or legal persons, public or private partners, the holders of rights in the land, etc). The delegatee s partners are not parties to the management delegation agreement. Only the delegatee is accountable to the MRNF and the communities concerned for the management of the local forest. Any rights already granted over the land forming the local forest (for example, a licence to operate a sugar bush or a blueberry plot), and any powers given to the manager of an area with specific status (for example, an outfitting operation, wildlife reserve, or ZEC), must be respected. In such a case, a partnership or coexistence agreement must be signed by the delegatee and the manager concerned. QUESTIONS - For projects of equal merit, should any of the potential management delegatees mentioned above be given priority when a local forest is created? If so, which one should have priority, and why? - What type of relationship should the management delegatee of a local forest maintain with the holder of a right or the manager of an area with specific status included in the local forest, in order to promote cohabitation and ensure the best possible development of the local forest? 7 PROPOSALS FOR THE SELECTION, ESTABLISHMENT AND OPERATION OF LOCAL FORESTS

15 2.2 POWERS AND RESPONSIBILITIES OF THE DELEGATEE Proposal The delegatee of a local forest is given responsibility for managing an area of public forest and some of the resources it contains (mainly timber, wildlife and land rights). The delegatee is entitled to generate profits from local forest management activities, but must use them for the well-being of the community. The delegatee does not become the owner of the land and the resources under delegated management. The scope of the delegated powers can vary, depending in particular on the delegatee s interests and ability to perform the duties correctly, and also the delegatee s willingness to acquire new skills. Powers and responsibilities can be transferred gradually, based on an agreed timetable specified in the management delegation agreement. The powers delegated are those held by the MRNF (see Appendix 1 for a more exhaustive list) and may include: the integrated planning, carrying-out, follow-up and monitoring of activities; the marketing of timber and other resources from the local forest; the allocation, to third parties, of certain land rights (for example, recreational leases), forest rights (for example, timber harvesting permits) and other rights; the follow-up and monitoring of wildlife harvesting; in the case of a local municipality or regional county municipality, the exercise of regulatory powers. The delegatee becomes financially responsible for exercising the powers delegated, and for the related responsibilities and obligations. The MRNF continues to exercise other powers and retains some responsibilities and obligations, such as the obligation to consult Native communities and the obligation to establish the allowable cut which remain with the Chief Forester (under sections 7 and 46 of the Sustainable Forest Development Act) and the management of wildlife populations. The management delegatee of a local forest must, at all times, comply with the applicable legislative and regulatory requirements, and with the terms of the delegation agreement. Among other things, the delegatee must: comply with the policy directions and objectives in all the strategies and policies applicable to the area covered by the local forest, such as the sustainable forest management strategy; produce an accountability report of its management to the Minister and citizens in the community; pay defined contributions to the Natural Resources Fund; become a member of forest protection organizations (SOPFIM and SOPFEU); maintain access to the land; ensure the economic viability of the local forest. A delegatee who fails to comply with the obligations set out in the agreement or with the legislative or regulatory requirements in force may lose responsibility for managing the area delimited as a local forest. QUESTION - In addition to the responsibilities and powers listed above and in Appendix 1, are there any other aspects that could be delegated? 8 CONSULTATION PAPER

16 2.3 LOCAL FOREST MANAGEMENT DELEGATION AGREEMENT Proposal A delegation agreement is signed by the Minister and the delegatee for a local forest. The terms of the agreement vary from one local forest to another and must be agreed jointly by the parties. The management delegation agreement for a local forest is a public document and must specify, in particular, the area covered by the delegation; the duration of the agreement and of the renewal; the powers delegated, and the delegatee s responsibilities and obligations; the resources placed under delegated management; the conditions for exploiting and marketing the delegated natural resources; the rules governing the income that the delegatee may retain, and the purposes for which the income may be used; the objectives and targets that must be met; accountability for meeting the targets and objectives set; accountability for the use of income; specific rules governing the contracts that the delegatee may award; the procedure for granting rights, when different from the procedure set out in the Acts and regulations; the conditions for the sharing of information between the MRNF and the delegatee; the procedure for the exercise, by the Minister, of a power to supervise the delegatee s management and to intervene when the agreed targets and objectives are not met; the sanctions applicable if the obligations under the agreement are not met or for non-compliance with a legislative or regulatory provision; the tools made available to the delegatee by the MRNF to support the delegatee s management. QUESTION - What other elements should be made compulsory in the delegation agreement? 9 PROPOSALS FOR THE SELECTION, ESTABLISHMENT AND OPERATION OF LOCAL FORESTS

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18 3 Establishment of local forests Local forests will be established in forests in the domain of the State on April 1, A call for projects will be launched as soon as the policy on local forests has been adopted. In addition to selecting local forest projects, the Minister will delegate the management of local forests to the current holders of forest management agreements (CtAF) and holders of territory management agreements (CGT). For local municipalities, regional county municipalities and Native band councils that have already signed a forest management contract (CvAF) with the MRNF, the Minister intends to go beyond the requirements set out in the Sustainable Forest Development Act and offer them the management of a local forest. First, however, all holders of a CGT, CtAF or CvAF signed with the MRNF must submit an application. From April 1, 2013, a local forest management delegation agreement based on a CGT or CvAF signed with the MRNF will apply to the area defined in the original agreement or contract. However, an extra area of land may be added when the new agreement is signed to correct any fragmentation that may affect the viability of the local forest. When possible, this addition will take effect from April 1, All other requests for extra land will be considered as a new project and analyzed during calls for projects (see next section) : GRADUAL ESTABLISHMENT OF LOCAL FORESTS IN FOREST MANAGEMENT UNITS Over the medium term, all local forests will be delimited outside management units. However, for the period, local forests resulting from the conversion of a CtAF and new projects will be established within management units, since they cannot be subtracted before During this period, the tactical and operational integrated forest management plans (PAFI) drawn up by the MRNF will apply to these areas. This will facilitate the gradual establishment of new local forest projects and ensure continuity in forest management activities. Since the PAFIs will apply to all management units, the certification of an area delimited as a local forest will be included in the certificate held by the MRNF regional office for the period. The MRNF may also specify the percentage of the timber harvested in a local forest that must be marketed through the timber marketing board (BMMB) or sent to the holder of a timber supply guarantee. Under the Sustainable Forest Development Act (sections 336 and 347), all forest management agreements (CtAF) and forest management contracts (CvAF) are cancelled as of April 1, Territory management agreements also end on that date. The management delegation agreements for these local forests will be implemented gradually and will be fully applicable by 2018, when the areas concerned will be subtracted from the management units. 11 PROPOSALS FOR THE SELECTION, ESTABLISHMENT AND OPERATION OF LOCAL FORESTS

19 3.1 SELECTION OF LOCAL FORESTS Proposal Local forests will be selected following a call for projects. Once the policy on local forests has been made public, a call for projects will be launched for the establishment of 10 to 15 local forests located throughout Québec. The selection of the projects will be based on merit, using the list of criteria defined in the policy (see Appendix 2). The Minister will select a number of local forest projects, relying on the recommendations made by a committee of neutral members with no interest in the projects submitted (university researchers, MRNF personnel, representatives from the Ministère des Affaires municipales, des Régions et de l Occupation du territoire, etc.). The committee will use the selection criteria defined in the policy to make its recommendations. The first projects selected will be in addition to the local forests established through the conversion of existing agreements and contracts (CtAF, CvAF and CGT). The Minister of Natural Resources and Wildlife may also delimit other local forests using another procedure to resolve specific situations. Around ten further projects could be selected following a second call for projects launched during the first fiveyear implementation period ( ). The MRNF cannot, for now, determine a long-term target for the number of local forests established. The priority is to ensure the success of the projects selected following the first and second calls for projects, and the conversion of existing agreements and contracts. The Minister will establish a long-term target based on the results of these projects and the comments submitted during the consultation process. Steps in the procedure to select and delimit local forests: 1. Call for local forest projects. 2. Submission of local forest projects by interested communities, using the framework (see Appendix 3) provided by the MRNF. 3. Analysis of the projects received by the advisory committee using the defined selection criteria (a meeting with the applicant may be organized to discuss and clarify certain points), and presentation of the committee s recommendations to the Minister. 4. Selection of projects by the Minister, based on the recommendations of the advisory committee. 5. Preliminary agreement with the community (including the planned delimitation of land). 6. Consultation of the government departments concerned with regard to the local forest project and its delimitation. 7. Consultation of individuals and organizations in the region with regard to the local forest project (regional organizations, Native communities, etc.). 8. Calculation of the allowable cut for the local forest (this step could take place after April 1, 2013 in some cases). 9. Signing of the agreement with the delegatee and establishment of the local forest on April 1, 2013 or on the date provided for in the agreement. The agreements signed, along with the areas delimited as local forests, will be made public on the MRNF website. 12 CONSULTATION PAPER

20 QUESTIONS - Are the selection criteria in Appendix 2 relevant to the objectives set for local forests? - Which criteria do you consider to be the most important? - Will the selection criteria allow the differentiation of the various projects submitted? - What percentage of public forest land should eventually local forests cover? 3.2 CONVERSION OF FOREST MANAGEMENT AGREEMENTS (CtAF) Proposal The holder of a CtAF is entitled to be given the management of a land area identified as a local forest by 1 April 2013 (section 344, Sustainable Forest Development Act). For holders whose CtAF covers parts of more than one management unit, an effort will be made to form a local forest in a single block within a single management unit. CtAF SITUATION, MAY 2011 Number signed with the MRNF 10 Number being processed 2 Volume of timber allocated m 3 Percentage of the volume of timber allocated on public forest land 2.5% The process to convert a CtAF 2 into a local forest will be established by the Minister, and will also involve converting volumes of timber into areas of land. The Minister will attempt to maintain, as far as possible, a timber harvesting potential of a volume nearing that to which the agreement holder would have been entitled on April 1, 2013 had the agreement not been cancelled (section 346, Sustainable Forest Development Act). The harvesting potential is an all-species potential. The delegation of other resources must meet the selection criteria set by the MRNF (see Appendix 2). Steps in the CtAF conversion process: 1. Submission to the Minister, by the CtAF holder, of a written application to obtain a local forest. 2. Revision of the volume of timber allocated under the CtAF, according to sections 77 to 77.2 of the Forest Act. 3. Submission of a local forest project by the CtAF holder using the framework provided by the MRNF (deadline to be determined). 4. Analysis of the local forest project. 5. Estimate of the timber volume allocation for the area concerned for the purpose of delimiting the local forest. 6. Discussions with the CtAF holder to agree on the content of the management delegation agreement (section of the Act respecting the Ministère des Ressources naturelles et de la Faune) and the delimitation of the area covered. 7. Consultation of the government departments concerned with regard to the local forest project and its delimitation. 8. Consultation of the individuals and organizations concerned with regard to the local forest project and its delimitation (regional organizations, Native communities, etc.). 9. Calculation of the allowable cut for the local forest to revise and validate its delimitation (this step could take place after April 1, 2013 in some cases). 10. Signing of the management delegation agreement by the delegatee and the Minister. 11. Cancellation of the CtAF on April 1, 2013 and start of local forest activities. To obtain an overview of the CtAFs currently existing in each region, see Appendix 4. 2 The process for converting a CtAF held by a Cree corporation will be determined during the negotiations to harmonize the forest regimes in effect in the area covered by the Peace of the Brave. 13 PROPOSALS FOR THE SELECTION, ESTABLISHMENT AND OPERATION OF LOCAL FORESTS

21 QUESTION - Should the MRNF consider an alternative, in the form of a timber allocation, for CtAF holders? 3.3 CONVERSION OF FOREST MANAGEMENT CONTRACTS (CvAF) GRANTED BY THE MRNF Proposal On April 1, 2013, all CvAFs in effect will be cancelled. A CvAF holder may ask the Minister to be given the management of the area covered by the contract, and to enter into a management delegation agreement on that date (section 348 of the Sustainable Forest Development Act). CvAF SITUATION, MAY 2011 Number signed with the MRNF 42 Area km 2 Percentage of the area of public forest land 3.0% Volume of timber allocated m 3 Percentage of the volume of timber allocated on public forest land 2.1% Local municipalities, regional county municipalities and Native communities holding a CvAF signed with the MRNF who wish to obtain the management of a local forest will be able to sign a management delegation agreement for the area covered by their contract and for some of its resources 3. However, they must first apply to the Minister, and their application must meet the selection criteria set out in the policy. The management of the local forest will be delegated on April 1, The MRNF will promote partnerships between local stakeholders. The holder of CvAF signed with the MRNF that is not a local municipality, regional county municipality or Native band council may submit an application for a local forest as part of a partnership with a local municipality, regional county municipality or Native community, or a combination thereof. In such a case, the local municipality, regional county municipality, Native community or group takes leadership of the project and acts as the management delegatee. The partners, as well as the type of partnership, must be specified in the delegation agreement. Steps in the CvAF conversion process: 1. Submission to the Minister, by the holder of a CvAF signed with the MRNF, of a written application to obtain a local forest. 2. Submission of a local forest project by the CvAF holder using the framework provided by the MRNF (deadline to be determined). 3. Analysis of whether or not the project is receivable using the selection criteria. 4. Delimitation of the area covered by the CvAF as a local forest, using the boundaries set in the contract. 5. Discussions with the CvAF holder to agree on the content of the management delegation agreement (section of the Act respecting the Ministère des Ressources naturelles et de la Faune). 6. Consultation of the government departments concerned with regard to the local forest project. 7. Consultation of the individuals and organizations concerned (regional organizations, Native communities, etc.). 8. Calculation of the allowable cut for the local forest (this step could take place after April 1, 2013). 3 This provision does not concern the holders of a CvAF granted by a regional county municipality holding a CGT. However, such holders may, after reaching an agreement with the regional county municipality, co-sing the local forest management delegation agreement resulting from the conversion of the CGT. The regional county municipality may also delegate certain powers and responsibilities to municipalities (see the following section concerning the conversion of CGTs). 14 CONSULTATION PAPER

22 9. Signing of the management delegation agreement by the delegatee and the Minister. 10. Cancellation of the CvAF on April 1, 2013 and start of local forest activities. To obtain an overview of the CvAF currently existing in each region, see Appendix CONVERSION OF TERRITORY MANAGEMENT AGREEMENTS (CGT) Proposal On April 1, 2013, the Minister will delegate the management of a local forest to a regional county municipality holding a CGT, covering the area designated in the agreement, if it applies for a local forest and if its project meets the selection criteria set out in the policy. CGT SITUATION, MAY 2011 Number signed with the MRNF 25 Number undergoing procession 2 Area km 2 Percentage of the area of public forest land 0.7% Timber volume allocated m 3 Percentage of the volume of timber allocated on public forest land 1.0% CGTs ending before April 1, 2013 will be renewed for a period ending on or before that date. Some regional county municipalities have given responsibility for managing part of the area covered by their CGT to a municipality, in the form of a CvAF. The MRNF intends to promote continuity of this collaboration when local forests are established. In such a case the regional county municipality and the municipality will be able to co-sign the management delegation agreement for the local forest and will become jointly responsible for its management. The regional county municipality will also have the option of delegating specific powers and responsibilities to the municipality, as specified in the agreement. Steps in the CGT conversion process: 1. Submission to the Minister, by the CGT holder, of a written application to obtain a local forest. 2. Submission of a local forest project by the CGT holder using the framework provided by the MRNF (deadline to be determined). 3. Analysis of whether or not the project is receivable using the selection criteria. 4. Delimitation of the area covered by the CGT as a local forest, using the boundaries set in the territory management agreement. 5. Discussions with the regional county municipality holding the CGT to agree on the content of the management delegation agreement (section 17.23, Act respecting the Ministère des Ressources naturelles et de la Faune). 6. Consultation of the government departments concerned with regard to the local forest project. 7. Consultation of the individuals and organizations concerned (regional organizations, Native communities, etc.). 8. Calculation of the allowable cut for the local forest (this step could take place after April 1, 2013 in some cases). 9. Signing of the management delegation agreement by the delegatee and the Minister. 10. Cancellation of the CGT on April 1, 2013 and start of local forest activities. To obtain an overview of the CGTs currently existing in each region, see Appendix PROPOSALS FOR THE SELECTION, ESTABLISHMENT AND OPERATION OF LOCAL FORESTS

23 QUESTION - Do you support the MRNF proposal to allow municipalities to co-sign a management delegation agreement for a local forest with a regional county municipality? 3.5 DELIMITATION OF LOCAL FORESTS Proposal In general, local forests are located close to a municipality, regional county municipality or Native community, and the local population has an interest in and attachment to the land. Local forests can be of varying size, and will be located and delimited in a way that supports the viability and success of each project. Local forests will be delimited by the Minister, either inside or outside a management unit (section 13, second paragraph, Sustainable Forest Development Act), on public land. After the first five years of activity of a local forest, the area of the local forest will be subtracted from the management unit on which it is wholly or partly situated. This will simplify the management of both the local forest and the management unit. QUESTIONS - What could be a valid reason for requesting a change to the delimitation of a local forest after its implementation (for example, to increase or reduce its size)? - Are there any types of public land on which local forests should not be established? 16 CONSULTATION PAPER

24 4 Local forest operation 4.1 PLANNING AND CARRYING OUT LOCAL FOREST ACTIVITIES Proposal The integrated planning of all development activities in a local forest is the responsibility of the management delegatee. The management delegatee must draw up a land and resource development plan for the area covered by the delegation agreement, using the framework produced by the MRNF. The plan must be consistent with the applicable laws and regulations, and with the policy directions and objectives contained in the applicable government strategies and policies (for example, the sustainable forest management strategy). It must also be consistent with the land use and regional plans in effect (for example, the public land use plan, regional plan for integrated land and resource development, and land use and development plan). The plan must be based on integrated land and resource management. The management delegatee for a local forest must set up a mechanism to ensure the participation of the holders of rights and other users and managers in the planning process, in order to reconcile concerns about the land (see the section Community participation). The delegatee must submit the plan to the local population for consultation. The plan must indicate how the holders of rights and local and Native communities were involved, and how their concerns were taken into account. The Minister will consult the Native communities concerned and forward the results to the delegatee. The Minister may also, if necessary, request changes to the plan to ensure that it takes into account the values and expectations of the Native communities concerned and that it is consistent with the policy directions and objectives of the applicable government strategies and policies. The management delegatee of a local forest must make the plan public on the date when it takes effect. 4 The applicable laws and regulations include: the Sustainable Forest Development Act, the Act respecting the conservation and development of wildlife, the Act respecting the lands in the domain of the State, the Environment Quality Act and the future regulation on sustainable forest management. 17 PROPOSALS FOR THE SELECTION, ESTABLISHMENT AND OPERATION OF LOCAL FORESTS

25 Forest management activities may be performed by the delegatee or by management companies. The services of management companies must be obtained in compliance with the laws in effect governing the awarding of contracts, and with the specific rules set out in the management delegation agreement. QUESTIONS - What compulsory elements should be included in the land and resource development plan, while ensuring that the plan remains simple and consistent with the laws and regulations? - Given the specific context of a local forest, should the forest management companies working in the forest be required to hold certification? 4.2 PLANNING DURING THE IMPLEMENTATION PERIOD ( ) Local forests located inside a management unit and resulting from the conversion of a forest management agreement (CtAF) or a new project During the period , the management delegatee of a local forest situated wholly or partly in a management unit must comply with the tactical and operational integrated forest management plans (PAFI) drawn up for the management unit by the MRNF. Among other things, this will ensure continuity in the forest management activities carried out in the area. The delegatee must also sit on the local integrated land and resource management panel, in order to comment on the PAFI and present the objectives and planned activities for the local forest. The delegatee can manage and carry out some of the scheduled forest management activities in the local forest or elsewhere in the management unit, based on an agreement with the Minister. In such circumstances, the forest management activities planned must be carried out by a certified enterprise. During this period, the local forest delegatee must prepare a land and resource development plan that will be in effect over the period Local forests located outside a management unit and resulting from the conversion of a forest management contract (CvAF) or territory management agreement (CGT) The management delegatee of a local forest resulting from the conversion of a CvAF or CGT must prepare a land and resource development plan based on the plans previously developed for the CvAF or CGT. The plan will take effect on April 1, 2013, and must gradually include the applicable policy directions and objectives of the sustainable forest management strategy. 4.3 COMMUNITY PARTICIPATION Proposal Land and resource management under the responsibility of the management delegatee of a local forest must be conducted by, for, and with the community. The players concerned can be involved in various ways. The participation of holders of rights, and other users and managers of the area, is essential to ensure that the planning process is as representative as possible of the interests and needs of all users of the local forest. The delegatee can choose the most appropriate participation mechanism. 18 CONSULTATION PAPER

26 The delegatee must invite the population of the community to get involved in the management of the local forest. The delegatee selects the best way to proceed (for example, by organizing regular information sessions to present the activities that take place in the local forest and receive comments from the population, by organizing community activities connected with the local forest, etc.). The delegatee is also required to consult the population on the planning process, and to report annually to the population (see the section Accountability and review). One of the functions of a local forest is to stimulate an attachment to the forest and to promote a dynamic approach within the community. To meet these objectives, the delegatee must be aware of the importance, and indeed the necessity, of giving the population an active role to play in the management of the local forest. The delegatee must make public all management plans, financial reports and annual or five-year schedules of work. QUESTIONS - What would be the best way to ensure the participation of stakeholders in the planning process? - What would be the best way to ensure true public participation in the management of a local forest? 4.4 FOREST CERTIFICATION Proposal The MRNF encourages all management delegatees of a local forest to obtain forest certification for the area they manage. Although forest certification does not replace the forest policies of the State, it encourages a more quality-based approach to forest management and creates a competitive market position. It is up to the management delegatee to decide whether or not to launch a forest certification process for its local forest, and to choose the certification standard that will apply. The costs of certification (including annual audits) must be paid by the management delegatee. Two or more management delegatees can also group together to obtain joint certificate and share the cost of obtaining and maintaining certification. During the implementation period, the certification of a local forest delimited within a management unit will be a responsibility of the MRNF regional office covering the management unit. Starting in 2018, the local forest will no longer form part of the management unit and the MRNF regional office will have the area of the local forest removed from any certificate obtained. QUESTIONS - Does the certification of a local forest create any true market advantage, in light of the costs involved? - What approaches can facilitate the certification of the forest lands making up a local forest? 4.5 TIMBER MARKETING Proposal In general, the management delegatee of a local forest is free to choose how the timber harvested in the local forest will be marketed. This allows the timber to be milled in the local area, for example, if this allows the development objectives for the local forest to be met. 19 PROPOSALS FOR THE SELECTION, ESTABLISHMENT AND OPERATION OF LOCAL FORESTS

27 However, for the first years, the Minister may set a percentage by volume that must be marketed by the timber marketing board (BMMB) and include it in the management delegation agreement in order to obtain the minimum volume of timber required to establish its true value. In this case, the timber must be sold standing using free market rules. For the period, a percentage of the timber harvested in local forests may also be allocated to the holder of a timber supply guarantee, and sold at the current price. In this case, the management delegatee of the local forest concerned may take charge of harvesting. The management delegatee of a local forest remains free to choose how to market part of the volume of timber harvested. A delegatee who wishes to auction the timber must go through the BMMB. In this case, the delegatee may determine the conditions of sale (harvest by the purchaser or another person, reserve price, etc.). Auction prices will not be used to determine the true value of the timber. QUESTIONS - Should a specific percentage of the volume of timber harvested in a local forest be sent systematically, over the long term, to the BMMB? Why? - What percentage of the volume of timber harvested in a local forest should be marketed as determined by the management delegatee? - How do you think other resources should be marketed? How can the marketing of other resources be facilitated? 20 CONSULTATION PAPER

28 5 Use and allocation of income and profits Proposal One of the objectives of local forests is to generate socioeconomic benefits for the communities concerned. Various sources of income, for example timber sales, resource development and recreation and tourism activities, can be used to finance the management and operation of the local forest and also to generate a profit to finance social projects within the community. The allocation of the income generated by the activities of a local forest must give priority to covering the cost of managing and carrying out the activities set out in the land and resource development plan for the local forest, including planning, activity follow-up and monitoring, and work to maintain forest ecosystem productivity; contributing to the Natural Resources Fund; subscribing to forest protection organizations; strengthening the finances of the local forest in order to achieve self-sufficiency. Once these costs have been met, the profits can be used for development and investment purposes in the community. For example, the delegatee may choose to use the profits to help maintain or rebuild municipal infrastructures; help create a municipal library; support a cooperative; make a financial contribution to an activity organized by a forest association (or any other relevant group) in the community; organize a camp for young people in the local forest. When making the annual report, the delegatee must explain how the profits have been used. Delegatees will not be asked to pay any royalty on the timber they harvest. On the other hand, they will have to pay a percentage of the profits generated by all activities in the local forest to the Natural Resources Fund. This will help finance some of the services received by delegatees (activities to protect forests against fire, insects and disease, seedling production, inventories, etc.). The MRNF will determine an upper limit for the percentage to be paid. This percentage will be based on the profits generated by activities in the local forest. When several communities are concerned by the local forest or when the latter is managed by a group of partners, an agreement on the allocation of income and profits must be signed by all parties. 21 PROPOSALS FOR THE SELECTION, ESTABLISHMENT AND OPERATION OF LOCAL FORESTS

29 QUESTIONS - Do you think the proposed use and allocation of income and profits will help ensure the economic viability of local forests while maximizing benefits for the community? - How should the contribution the management delegatee is required to pay to the Natural Resources Fund be calculated (percentage of profits, fixed amount, etc.)? - When several communities are concerned by a local forest, how should the profits be allocated (in proportion to population or area, by the level of involvement or financial contribution of each community, etc.)? 22 CONSULTATION PAPER

30 6 Accountability and review of local forest performance 6.1 ANNUAL REPORT Proposal The management delegatee of a local forest must release annual financial statements and an annual report on the performance against the objectives defined in the implementation schedule. The statements and reports must be submitted to the Minister of Natural Resources and Wildlife and the local population in the form of an annual report and financial statement. QUESTION - Do you have any suggestions concerning the accountability process and the content of the annual report? 6.2 REVIEW Proposal Every five years, the delegatee of a local forest must prepare a review of the management and current state of the local forest. The review for the first fiveyear period will focus on the implementation of the activities set out in the schedule submitted. The following reviews will report on the achievement of long-term objectives, such as the contribution made by the local forest to the social development of the community, the attachment of the population to the local forest, etc. The review of the current state of the forest will be used to measure ecosystem trends and changes occurring in the local forest. These reviews will also focus on the achievement of the objectives and results set for the local forest, compliance with the objectives of the policy, the strengths, weaknesses and difficulties encountered, and solutions for improving local forest development. The objective of a review is to ensure the proper operation of the local forest; ensure that a local forest managed by a community meets the community s needs and the objectives defined in the agreement; ensure the progress of sustainable forest management; contribute to the assessment of the local forest policy, which will be reviewed to ensure that it responds to the realities and needs of the communities. The five-year reviews will be submitted to the Minister and made available to the general public. The Minister will use them to revise the delegated management approach, if required. 23 PROPOSALS FOR THE SELECTION, ESTABLISHMENT AND OPERATION OF LOCAL FORESTS

31 QUESTIONS - Do you think that the review system will help improve local forest operation? - Do you think that a five-year review schedule, as proposed, is suitable? 6.3 CONTRIBUTION TO MRNF REPORTS Proposal The management delegatee of a local forest must provide the Minister with the information and documents needed by the Minister to prepare the five-year sustainable forest development review (section 225, Sustainable Forest Development Act) or any other public report on forest resources as a whole. 24 CONSULTATION PAPER

32 7 MRNF support for delegatees General support The MRNF will prepare a guide to support local forest management delegatees. The guide will describe the basic elements of sustainable resource and forest management (planning, forest management, wildlife management, rights management, etc.) and set markers for best practices that will support effective work while involving the general public and stakeholders in the area as much as possible. The guide will be both a technical handbook and a management tool for local forests. Strategic and operational support At the request of a management delegatee, the MRNF regional office may provide advice on how to draft the land and resource development plan; how to obtain forest certification; how to perform management work; how to harmonize land and resource development activities. All forms of support will be provided for in a contract between the delegatee and the MRNF regional office. The contract will specify the services requested by the delegatee, the duration of the support, the billing approach for the services, and the rights and obligations of each party. QUESTIONS - What role should MRNF regional offices play with regard to local forest management delegatees? - What funding sources could provide support for the launching of local forest operations? 25 PROPOSALS FOR THE SELECTION, ESTABLISHMENT AND OPERATION OF LOCAL FORESTS

33 26 CONSULTATION PAPER

34 APPENDIX 1 Powers that may be delegated 1. In general Prepare a land and resource development plan for the local forest to specify potential land uses and plan for land uses, infrastructures, forest management activities, wildlife development activities and nontimber forest product development activities. 2. With respect to land management a. Manage previously-granted land rights, with some exceptions; b. Grant and manage new land rights, with some exceptions; c. Manage the buildings, movable property and improvements located in the local forest and dispose of them according to the regulations in force, if required; d. Grant rights by emphyteutic contract and gratuitous transfer of land for public utility purposes, according to the regulations in force (with prior agreement from the MRNF); e. Grant servitudes; f. Collect revenue; g. Acquire land, buildings, improvements and movable property under private ownership, by agreement (donation, purchase, exchange), for the benefit of the domain of the State (with prior agreement from the MRNF); h. Monitor land use and land occupation (for example, illegal occupation and marginal occupation); i. Grant temporary occupation licences and visitor s licences; j. Publish declarations stating that land belongs to the domain of the State; k. Institute penal proceedings for an offence committed on the land under delegated management pursuant to a provision of the Act respecting lands in the domain of the State (R.S.Q., c. T-8.1) and the regulations under it, or pursuant to a by-law adopted by the delegatee. 3. With respect to land management by-laws In connection with land management, a regional county municipality or municipality may pass and apply its own by-laws, with approval from the Minister, to a. determine the general conditions and the rules for computing the prices, rentals, fees or other costs regarding leases, exchanges, gratuitous transfers, occupation licences and the granting of any other right; b. establish the rules and conditions under which persons may have access to and stay on any land, and specify the circumstances under which access to or staying on the land may be prohibited, while ensuring that the right of any person to pass over the land under a management delegation agreement is maintained; 27 PROPOSALS FOR THE SELECTION, ESTABLISHMENT AND OPERATION OF LOCAL FORESTS

35 c. prescribe under what conditions and circumstances authorization is not required to erect or maintain a building, installations or works on the land otherwise than in exercising a right or performing a duty imposed by law. 4. With respect to forest management a. The granting of forestry permits in the following catetgories: the harvest of firewood for domestic or commercial purposes; the operation of a sugar bush; activities required for the public utility works authorized by the management delegatee; activities carried out by a holder of mining rights issued by the management delegatee; activities required to carry out wildlife, recreational or agricultural development work; the harvest of shrubs, or their branches only, for the supply of wood processing plants; activities carried out as part of an experimental or research project authorized by the management delegatee; b. The establishment of silvicultural prescriptions; c. The signing of contracts for the carrying out of forest management activities; d. The marketing of timber harvested in a local forest, on certain conditions; e. The construction or improvement of multi-purpose roads; f. The restriction or prohibition of access to multipurpose roads for reasons of public interest, in particular during the spring thaw or for reasons of safety; g. The prescription of forest management standards that differ from those prescribed by government regulation (with the approval of the Minister); h. The collection of the duties payable by the holders of authorizations, licences or rights issued by the delegatee in accordance with the applicable regulations; i. The follow-up and monitoring of forest management activities, in accordance with the Sustainable Forest Development Act and the regulations under it; j. The measuring of harvested timber. 5. With respect to wildlife a. In general, the management delegatee of a local forest can plan, organize, direct and control wildlife harvesting, conservation, protection and development. For example, the management delegatee can, in compliance with the Act respecting the conservation and development of wildlife: develop wildlife resources; set the fees payable to carry on a hunting or fishing activity, to register for a draw or to travel about the territory, within the limits defined by the MRNF; monitor and control wildlife use, and report on the situation; draw up a wildlife protection plan; select and train associates to protect wildlife. 6. With respect to energy a. Manage the provisions of the Program for the awarding of lands in the domain of the State for the installation of wind turbines, and publish letters of intent following a tender solicitation by Hydro-Québec, the allocation of a reserved land area, the awarding of land rights for the install of wind power facilities, the renewal and revocation of land rights and the collection of annual rental payments. 28 CONSULTATION PAPER

36 APPENDIX 2 Local forest selection criteria 1. Vision for and attachment to the forest The management delegatee has a vision for the development of the land to be covered by the local forest and the resources to be managed by the delegatee. The objectives of the project are consistent with those of the local forest policy. The community has a bond of attachment to the land targeted by the project. 2. Compliance of the project with the legal framework a. Compliance of the project with the proposals and objectives of the Policy on the selection and delimitation of local forests. b. Compliance with existing laws and regulations. 3. Consistency of the project with certain provincial, regional and local policies a. Consistency of the project with the policy directions and objectives of the sustainable forest management strategy or any other applicable policy or strategy. b. Consistency of the project with the goals and objectives of the regional plan for integrated land and resource development agreed by the MRNF. c. Consistency of the project with the development goals and objectives of the community concerned. 4. Capacity Of the land targeted a. Characteristics of the forest and suitability for the project objectives. b. Accessibility of the land targeted. c. Timber production potential. d. Potential for recreation and tourism development (for example, wildlife, landscape, vacation purposes, other recreation and tourism activities). e. Potential for the development of non-timber products (non-timber forest products, maple syrup production, etc.). f. Potential of flora and fauna and heritage areas suitable for conservation. g. Potential of other resources. h. Percentage of the area not covered by specific wildlife status. Of the management delegatee a. Political and social For achieving a consensus and representing a range of interests. For exercising social and political leadership that will be beneficial for the project. For building institutional and economic partnerships and agreements with the holders of land rights, etc. For attracting outside support from political, governmental, educational and research institutions, etc. 29 PROPOSALS FOR THE SELECTION, ESTABLISHMENT AND OPERATION OF LOCAL FORESTS

37 For ensuring the commitment and participation of members of the community (promoters, volunteers, community groups, business and other leaders) and of neighbouring communities. b. Economic For obtaining financial backing from the community, businesses and local organizations. For identifying and securing business, economic diversification and value-added production opportunities. For creating high-quality jobs (workers place of residence, wages, safety, full time, part time, seasonal). Quality of the business plan for the viability of the local forest. c. Environmental For ensuring conservation and protection for biodiversity and the environment. d. Based on previous experience For participation in or completing a community forest or integrated and land resource management project. Other relevant experiences. Of the community a. Availability of the data required for multi-resource management Experience and know-how: access to persons with the necessary skills in various fields of activity. Expertise: access to professionals able to provide guidance (forest engineers, biologists, project coordinators, etc.). Availability of specialized workers in the fields covered by the project. b. Demonstration of social and economic dynamism Non-profit organizations, cooperatives and social economy enterprises present in or close to the community concerned. Volunteer organizations working in or close to the community concerned. Community activities organized and supported by the community. 5. Content Use of land potential a. Optimum use 5 of the land and the available resources (integrated and multi-resource management). b. Optimum use of economic potential (partnerships, value-added products, new markets). c. Optimum use of social potential (recreation and tourism, respect for the needs and values of the population and land users). Range of benefits a. Social: promote the involvement of the population, increase dynamism in the community, strengthen or develop a forest culture, diversify and increase development ability in the community, increase access to and use of the land and resources, etc. b. Economic: diversify the income of the community and the possibilities for economic development. c. Environmental: conserve biodiversity, water and soil quality, wildlife habitat, etc. 5 Assessed on the basis of the possibilities of the land and the abilities of the delegatee. 30 CONSULTATION PAPER

38 Organization and partnerships a. Type of organization suggested for the management of a local forest: management structure. b. Partnership agreement to be signed when the holders of rights or the managers of areas with specific status are already involved in the area covered by the local forest. c. Consultation process launched when the local forest affects several different local or Native communities. 6 d. Type of organization expected to result from partnerships: sharing of costs, income, risks, etc. Participation Innovation a. Is the local forest project a vector for social innovation (methods selected for participation by the population and stakeholders, respect for the values and interests of the population, etc.), economic innovation (in the identification of new markets, product promotion methods, etc.), and technical, technological and environmental innovation? 6. Development level of the communities associated with the land targeted (devitalized municipalities) a. Participation mechanism chosen to include rights holders and other users and managers of the land in the planning process. b. Type of mecanisms planned to inform, consult and involve the public. 6 The project must reflect the delegatee s willingness to engage in joint action, taking into account the interests and expectations of regional county municipalities, municipalities and Native communities. Any conflict between these stakeholders, or with other organizations, could reduce the project s chances of being selected. 31 PROPOSALS FOR THE SELECTION, ESTABLISHMENT AND OPERATION OF LOCAL FORESTS

39 APPENDIX 3 Proposed framework application for a local forest project Exemple of information and documents to be provided when a project is submitted 1. Description of the management delegatee and partners a. Title of the project b. Name of the delegatee c. Name of the co-signatories (if any) d. Project partners (name, company name, role in the project and risk-sharing with the delegatee) 2. Description of the project a. Vision for land and resource development b. Historical background to the project Describe the origin and context of the project and the bond of attachment between the community and the land targeted. c. Objectives Overall objective of the local forest project Specific objectives d. Activities planned Explain the activities planned for the land covered by the local forest and the role of any partners. Describe how the activities meet the project objectives. e. Summary description of the land targeted (include the documents needed to describe the area of the local forest) Location of the land (map) Summary description of the forest land and its natural resources (area, dominant plant species, wildlife species, non-timber and other forest products) Current use of the land (status, rights issued, Native presence, recreation and tourism activities, etc.) Other 3. Relevance of the project with regard to the objectives defined in the policy on local forests 4. Ability of the management delegatee and partners a. General ability Describe your skills and experience in the field of natural resource management. b. Political and social abilities Describe, for example, your ability to - represent the range of interests present in the area; - manage the local forest in a beneficial way; - enter into partnerships; - attract outside support; - involve the community. 32 CONSULTATION PAPER

40 c. Economic abilities Describe, for example, your ability to - obtain financial support from local companies and organizations; - identify and secure business opportunities; - help diversify benefits and the economic structure of the community; - request financial assistance, in particular through subsidy programs (specify which programs). 5. Description of the community a. Development priorities Describe the main development objectives for the community, or the main projects under way or planned within the community, that could be beneficial for the local forest project. b. Economic structure Describe the companies, cooperatives and non-profit organizations in the community that could support the local forest project. c. Social structure Describe the community and volunteer organizations in the community that could support the local forest project. d. Availability of knowledge and expertise Describe the involvement in the project of people with knowledge in various fields of activity, professionals in various areas, specialized workers in the sectors covered by the project, etc. 6. Description of community involvement Describe the actions that you intend to take to inform and consult the population. Describe the actions that you intend to take to encourage the population to take part in local forest activities. 7. Innovative aspects of the project Describe how, and in what fields, your project involves innovation: - Economy: partnerships, entrepreneurship, creation of long-term, high-quality jobs, sources of financing, use of profits, development of new products, marketing approaches, etc. - Social: ways to involve the population and stakeholders concerned by the project, community and social initiatives that will support or form part of the local forest project, development and strengthening of various skills within the community. - Environment: practices, activities promoting the protection and raising awareness regarding biodiversity, etc. - Knowledge acquisition and transfer: awareness-raising, education and knowledge development in all fields connected with the local forest. 8. Mechanism to monitor the achievement of objectives Describe the main features of the monitoring mechanism you expect to implement. Describe the mechanism you intend to introduce to promote participation of the holders of rights and other users and managers of the land in the planning process. 33 PROPOSALS FOR THE SELECTION, ESTABLISHMENT AND OPERATION OF LOCAL FORESTS

41 9. Expected benefits a. For the community and territory concerned by the local forest, describe the expected benefits: economic; social; environmental. b. For neighbouring territories and communities, describe the expected benefits: economic; social; environmental. 10. Financial aspects a. Financing/Revenue Describe financing sources and revenues, to the best of your ability, with estimated amounts and payment frequencies. b. Expenditure Break down expenditure by item (for example, workforce, equipment, forestry work, membership in forest protection organizations, other costs), with amounts and payment frequencies. c. Outlook Describe the outlook for the viability of the local forest. 34 CONSULTATION PAPER

42 APPENDIX 4 Overview of timber allocations on public land Overview of timber allocations concerned by the policy on local forests (situation as of May 20, 2011 and projections) REGION Bas-Saint- Laurent (01) Saguenay Lac-Saint- Jean (02) Capitale- Nationale (03) Mauricie (04) Estrie (05) Outaouais (07) Abitibi Témiscamingue (08) Territory management agreement (CGT) Number Volume (m 3 ) Area (km 2 ) Forest management contract (CvAF) Number Volume (m 3 ) Area (km 2 ) Forest management agreement (CtAF) Number Volume (m 3 ) REGION Côte-Nord (09) Nord-du- Québec (10) Gaspésie Îles-de-la- Madeleine (11) Lanaudière (14) Laurentides (15) Centre-du- Québec (17) TOTAL Territory management agreement (CGT) Number Volume (m 3 ) Area (km 2 ) n.d Forest management contract (CvAF) Number Volume (m 3 ) Area (km 2 ) Forest management agreement (CtAF) Number Volume (m 3 ) Total volume (m 3 ) PROPOSALS FOR THE SELECTION, ESTABLISHMENT AND OPERATION OF LOCAL FORESTS

43 Glossary Bond of attachment 7 :The spatial and social attachment of a community to an area of land, a resource, etc. The bond is identifiable in connection, in particular, with public access to land, the recreation and tourism activities and community activities of the population, and the historic ties of the communities to the land. Community viability 8 : the ability of a community to deal with change, take advantage of circumstances and meet the needs of its members. Delegatee: a local or Native community to which the Ministère des Ressources naturelles et de la Faune delegates the management of a specified area of land and some of its resources (mainly forest and wildlife resources and land rights). Forest certification: the process by which an accredited and independent recording organization recognizes that an applicant applies forest management practices consistent with pre-established standards that promote sustainable forest management. Forest management agreement (Contrat d aménagement forestier, or CtAF): an agreement entered into with a legal person or organization that does not hold a wood processing plant operating permit. The CtAF holder is entitled to obtain a management permit, each year, to harvest, on one or several management units, a volume of round timber not previously allocated to the holder of a timber supply and forest management agreement (contrat d approvisionnement et d aménagement forestier, or CAAF). The holder of a CtAF may sell the timber harvested to wood processing plants, has the same obligations as the holder of a CAAF, and is jointly responsible for management work carried out in the management units to which the agreement applies. 7 Guérin-Pace, F. and E. Filippova, Ces lieux qui nous habitent. Identité des territoires, territoires des identités. Paris: La Tour d Aigues, Ined-éditions de l Aube, 276 p. 8 Nadeau, S., B. Shindler and C. Kakoyannis, Forest communities: New frameworks for assessing sustainability. The Forestry Chronicle 75(5), Beckley, T., J. Parkins and R. Stedman, Indicators of forest-dependent community sustainability: The evolution of research. The Forestry Chronicle 78(5), CONSULTATION PAPER

44 Forest management contract (Convention d aménagement forestier, or CvAF): a contract entered into with a person or organization by the MRNF, giving the person or organization responsibility for managing a forest reserve (land in the domain of the State that is not covered by a CAAF or CtAF). In general, the holder of a forest management contract must comply with the same obligations as a CAAF or CtAF holder in a management unit. The holders of a CvAF include regional county municipalities, municipalities, industrial operators and regional development organizations. Integrated land and resource management 9 : a strategic and interactive management approach that takes into account as many needs and values as possible in the decision-making process and ensures that planning, implementation and resource assessment are conducted jointly. Local community: includes local municipalities, cities, villages and regional county municipalities. Management unit: a land unit used in particular as the basis for calculating the allowable cut and for planning forest management activities. Sustainable forest management: management that maintains and enhances the long-term health of forest ecosystems for the benefit of all living things while providing environmental, economic, social and cultural opportunities for present and future generations. Territory management agreement (Convention de gestion territoriale, or CGT): a multi-sector delegation, by the Minister, of powers and responsibilities to a regional county municipality, on certain conditions, in connection with planning, management and regulation on intramunicipal public land. Timber supply guarantee: a guarantee granted under the Sustainable Forest Development Act, giving the beneficiary the right to purchase each year, at the market price, a volume of timber from forest lands in the domain of the State in one or more regions to supply the beneficiary s wood processing plant. 9 Gouvernement du Québec, Planifier la gestion intégrée des ressources et du milieu forestier. Québec: Ministère des Ressources naturelles, p PROPOSALS FOR THE SELECTION, ESTABLISHMENT AND OPERATION OF LOCAL FORESTS

45 Abbreviations BMMB: Bureau de mise en marché des bois (timber marketing board) CGT: Convention de gestion territoriale (territory management agreement) CtAF: Contrat d aménagement forestier (forest management agreement) CvAF: Convention d aménagement forestier (forest management contract) MRNF: Ministère des Ressources naturelles et de la Faune PAFI: Plan d aménagement forestier intégré (integrated forest management plan) 38 CONSULTATION PAPER

46 Main legislative provisions connected with local forests The Sustainable Forest Development Act (R.S.Q., c. A-18.1) stipulates as follows: Section 6 Section 7 Section 9 Section 11 Section12 Taking account of the interests, values and needs of the Native communities present on forest lands is an integral part of sustainable forest development. The Minister must consult Native communities specifically to ensure that sustainable forest development and forest management take into account, and accommodate if necessary, their interests, values and needs. The Minister must ensure that the consultation policy drawn up under section 9 includes a procedure that is specific to Native communities, established in a spirit of collaboration with those communities. The Minister draws up, makes public and keeps up to date a consultation policy that fosters the participation of persons and bodies affected by the priorities for sustainable forest development and forest management. Before the policy is published, the Minister consults the Native communities and the general public. The same applies to any change in the policy. The Minister sees that the consultation policy is implemented and establishes a Forestry Partners Panel under it. The Minister appoints the panel members and sets its operating rules. In collaboration with the Minister of Sustainable Development, Environment and Parks, the Minister of Agriculture, Fisheries and Food and the ministers or public bodies concerned, the Minister draws up a sustainable forest development strategy. The Minister makes the strategy public, implements it and keeps it up to date. Before the policy is published, the Minister consults the Native communities and the general public. The same applies to any change in the policy. The strategy sets out the approach chosen and the sustainable development policy directions and objectives applicable to forest lands, in particular with regard to ecosystem-based development. The strategy also defines the mechanisms and means required for its implementation, follow-up and evaluation. The strategy is to form the basis of any sustainable forest development instrument set up by the State, the regional bodies, the Native communities and the users of the forest. 39 PROPOSALS FOR THE SELECTION, ESTABLISHMENT AND OPERATION OF LOCAL FORESTS

47 Section13 Section 46 Section 47 The forests in the domain of the State are divided into development units that, among other things, define areas for the production of forest resources or an increase in that production. The forests in the domain of the State may also be divided into local forests by the Minister under the Act respecting the Ministère des Ressources naturelles et de la Faune (chapter M-25.2). Such a division of the forest may be made either inside or outside of development units. The forests in the domain of the State that are not divided into development units or local forests are established as residual forests. These are forests in which a reliable supply of timber cannot be harvested for wood processing plants without compromising sustainable development. The functions of the chief forester, in keeping with the policy directions and objectives of the sustainable forest development strategy, consist in (1) establishing the methods, means and tools required to calculate allowable cuts in the forests in the domain of the State; (2) determining the forest data and ecological data required to carry out the analyses used to determine allowable cuts; (3) preparing, publishing and keeping up to date a sustainable forest development manual to be used for determining allowable cuts; (4) on the request of the Minister, providing the support needed to establish forest development strategies as part of the forest planning process; (5) determining allowable cuts for forest development units and local forests, given the regional and local sustainable forest development objectives; (6) reviewing allowable cuts every five years and, if necessary, updating them; (7) at the Minister s request, changing the allowable cuts assigned to an area, if circumstances are such that sustainable forest development could be compromised without an immediate change or if, on the basis of the same considerations as were used to determine them, allowable cuts may be revised upwards; (8) making allowable cuts, their date of coming into force and the grounds for their determination public; and (9) analyzing the sustainable forest development results achieved in the forests in the domain of the State and sending the analysis to the Minister at the time and subject to the conditions set by the Minister. The date of coming into force of the allowable cuts determined or revised by the chief forester corresponds to the date of coming into force of the tactical plans for integrated forest development. The date of coming into force of the allowable cuts changed by the chief forester under subparagraph 7 of the first paragraph is set by the Minister, but may not be prior to 1 April following the year the change was applied for. The chief forester is also responsible for advising the Minister on policy and planning in forestry research and development, on the northern boundary line and the boundaries of development units and local forests, on the activities to be carried out to optimize forest development strategies and on any other matter that, in the opinion of the chief forester, requires government action or attention. The Minister may entrust any forestry mandate to the chief forester and ask the chief forester for advice on any matter related to private forests or the forests in the domain of the State. The advisory opinions of the chief forester must be available to the public. 40 CONSULTATION PAPER

48 Section 48 Section 91 The allowable cuts determined by the chief forester with regard to forest development activities carried out before 1 April 2018 are annual allowable cuts. They correspond, for a given development unit or local forest, to the maximum volume of timber of a particular species or group of species that may be harvested annually, in perpetuity, without diminishing the productive capacity of the forest, while at the same time taking into account certain sustainable forest development objectives having to do, for instance, with the natural dynamics of forests, including their composition and age structure, and diversified forest use. The allowable cuts determined by the chief forester with regard to forest development activities carried out after 31 March 2018 correspond, for a given development unit or local forest, to the maximum volume of timber of a particular species or group of species that may be harvested annually, while at the same time ensuring the renewal and evolution of the forest on the basis of the applicable sustainable forest development objectives, including those having to do with (1) the sustainability of forests; (2) the impact of climate change on forests; (3) the natural dynamics of forests, including their composition, age structure and tree distribution pattern; (4) the maintenance and improvement of the productive capacity of forests; and (5) the diversified use of forests. The annual volumes of timber guaranteed are residual volumes determined by the Minister, taking into account (1) the timber requirements of the wood processing plant; and (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. For the purposes of subparagraph 2 of the first paragraph and, in particular, to assess the available timber from private forests that may be sold in a particular region, the Minister, before granting a timber supply guarantee, 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. The consultation pertains, among other things, to the volumes of timber the Minister intends to guarantee. 41 PROPOSALS FOR THE SELECTION, ESTABLISHMENT AND OPERATION OF LOCAL FORESTS

49 Section 105 Section 183 Section 198 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. The holder of a timber supply guarantee must be a member of the forest protection organization certified by the Minister for the regions covered by the guarantee and included in the intensive protection zone defined in the framework plan. The same rule applies to the manager of a local forest and to any other delegate for the area covered by a management delegation agreement and included in the intensive protection zone defined in the framework plan, and to the owner of a private forest consisting of a single block of 800 hectares or more, for the portion of the forest included in such a zone. The Minister is an ex officio member of every certified forest protection organization. The holder of a timber supply guarantee must be a member of the forest protection organization certified by the Minister for the regions covered by the guarantee and included in the protected area defined in the framework plan. The same rule applies to the manager of a local forest or any other delegate for the area covered by a management delegation agreement and included in the protected area defined in the framework plan. The Minister is an ex officio member of every certified forest protection organization. 42 CONSULTATION PAPER

50 Section 224 Section 225 The Minister must prepare a five-year sustainable forest development review containing the following information: (1) a report on the implementation of the consultation policy and more specifically on the separate consultation procedure established for Native communities; (2) the sustainable forest development results achieved, including a report on the implementation of the sustainable forest development strategy; (3) an analysis of the sustainable forest development results achieved in the forests in the domain of the State, prepared by the chief forester under subparagraph 9 of the first paragraph of section 46; (4) a report on the carrying out of this Act and recommendations on the advisability of maintaining it in force or amending it; and (5) any other information of public interest concerning the objects of this Act. The review covering the period between 1 April 2013 and 31 March 2018 is tabled in the National Assembly during the year 2019, and subsequent reviews are tabled in the National Assembly every five years after that. The competent committee of the National Assembly examines the review. A public body referred to in the first paragraph of section 3 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) as well as the holders of timber supply guarantees and the signatories of a management delegation agreement described in section of the Act respecting the Ministère des Ressources naturelles et de la Faune (chapter M-25.2) must provide the Minister with the information and documents the Minister considers necessary to prepare the review. 43 PROPOSALS FOR THE SELECTION, ESTABLISHMENT AND OPERATION OF LOCAL FORESTS

51 Section 320 The Act [Act respecting the Ministère des Ressources naturelles et de la Faune] is amended by adding the following subdivisions after section 17.18: 2. Local forests 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 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 The management of land areas divided into local forests may be delegated by the Minister under subdivision Management delegation 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 and, in the case of a municipality, the exercise of regulatory powers. The Minister may also delegate to the same groups, by agreement, the management of a program the Minister develops under paragraph 3 of section 12 or section 17.13, to the extent and on the terms specified in the program 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; and (8) the penalties applicable if the obligations under the agreement are not met or a legislative or regulatory provision is not complied with. The agreement must also provide that the exercise of powers by a delegate is not binding on the Government The Minister makes the delegation agreement public. 44 CONSULTATION PAPER

52 Section 341 Section 344 Section 345 Section 346 Section 347 Section 348 Section 372 Once the sum of the reduced volumes allocated to all agreement holders has been calculated, a sufficient quantity of timber must remain (1) for the timber marketing board to market timber from the forests in the domain of the State and determine its market value; and (2) for carrying out socio-economic development projects in the regions and communities. The holder of a forest management agreement is entitled to be given the management of a land area identified as a local forest by 1 April 2013 and, for that purpose, to enter into an agreement under which the management of that land area is delegated to the agreement holder in accordance with subdivision 3 of Division II.2 of the Act respecting the Ministère des Ressources naturelles et de la Faune (chapter M-25.2), if the agreement holder applies for it in writing before 1 April A land area is identified as a local forest in accordance with subdivision 2 of Division II.2 of the Act respecting the Ministère des Ressources naturelles et de la Faune (chapter M-25.2). During the process leading to the identification of a local forest, the Minister consults the agreement holder to determine the holder s interest in the different places the holder would like to see identified as a local forest. The Minister makes a decision, taking into account how close the area is to the territory of the municipality or the Native community concerned. In the management delegation agreement, the Minister must try to maintain, as far as possible, a timber harvesting potential of a volume nearing that to which the agreement holder would have been entitled on 1 April 2013 had the agreement not been cancelled. As of 1 April 2013, the forest management contracts signed under section 102 of the Forest Act (chapter F-4.1) and in force on that date are cancelled. However, those contracts continue to apply with regard to the following obligations until the obligations have been entirely fulfilled: (1) preparing and submitting to the Minister, before 1 November 2013, a report on the forest development activities carried out during the preceding year; (2) applying the corrective programs established by the Minister; (3) scaling harvested timber according to the scaling instructions provided by the Minister; and (4) paying the applicable dues and making the contributions to the forestry fund and to forest protection organizations. The cancellation of the forest management contracts does not give the holder the right to an indemnity. However, a contract holder may, before 1 January 2012, request the Minister to give the holder, by 1 April 2013, the management of the management area specified in the contract and, for that purpose, to enter into an agreement delegating the management of that area to the holder in accordance with subdivision 3 of Division II.2 of the Act respecting the Ministère des Ressources naturelles et de la Faune (chapter M-25.2). The request must be dealt with in preference to any other request made before or after that date by a person or a body other than the contract holder. The provisions of this Act come into force on 1 April 2010, except (1) sections 5, 13 to 35, 38 to 44, 60 to 87, 115 to 118, 126 to 306, 310 to 335, 362 and 371, which come into force on 1 April 2013 or on any earlier date or dates set by the Government; (2) the second paragraph of section 366, which comes into force on the date of coming into force of the regulation made for the application of that paragraph. 45 PROPOSALS FOR THE SELECTION, ESTABLISHMENT AND OPERATION OF LOCAL FORESTS

53 The Act respecting the Ministère des Ressources naturelles et de la Faune (R.S.Q., c. M-25.2) stipulates as follows: Section 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, 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) developing energy conservation programs; (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) establishing, in forests in the domain of the State, forest management units and allocating in such units, up to the maximum allowable annual cut, volumes of round timber to supply wood processing plants, taking other available sources of supply into account; (16.5) carrying out, in accordance with the Forest Act (chapter F-4.1), 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; 46 CONSULTATION PAPER

54 Section 12 (continued) Section (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 and the registry offices established for the registration divisions in Québec; (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 paragraphs 17.3, 17.4 and paragraph 3 of section 12.2; (17.7) supplying, on request and in return for payment, information in the field of land surveying and in the fields referred to in paragraph 17.6; (18) performing any other function assigned to him by the Government. The Minister may, with the approval of the Government, prepare programs for the development of lands or forest resources in the domain of the State that are under his authority in order to encourage regional development or implement any other governmental policy. 47 PROPOSALS FOR THE SELECTION, ESTABLISHMENT AND OPERATION OF LOCAL FORESTS

55 The Forest Act (R.S.Q., c. F-4.1) stipulates as follows: Section 77 Section 77.1 Section 77.2 The Minister may, every five years after approving or finalizing a general forest management plan and after giving the agreement holder an opportunity to present observations, revise the volume of timber allocated under any agreement concerning the management unit, withdraw the management unit from the agreement or add other management units to the agreement so as to reflect (1) changes in the requirements of the wood processing plant; (2) changes in the availability of timber from private forests or from outside Québec, changes in the availability of timber in the form of wood chips, sawdust, shavings or recycled wood fibres, and changes in the availability of volumes of timber allocated under forest management agreements or in the evaluation of the volumes that may be harvested by the holders of forest management contracts; (3) the average annual volume of timber, by origin, used by the plant since the beginning of the period covered by the preceding general management plans; (4) the annual allowable cuts assigned to the management unit in the new plan; (5) all the forest management activities carried out in the management unit since the beginning of the period covered by the preceding general plans, and especially the impact of those activities on the state of conservation of the forest and the forest environment and the effectiveness of the sylvicultural treatments and the other protection and conservation measures applied; (6) a change or lack of improvement in the industrial performance of the agreement holder in the use of ligneous matter in the processing plant mentioned in the agreement since the beginning of the period covered by the preceding general plans. Modifications to the agreements are applicable in respect of forest management activities carried out after the coming into force of the new general plans. The Minister may reserve or allocate any volume of timber that becomes available pursuant to this section, as the Minister considers expedient. No increase in volume may be allocated pursuant to section 77 if the Minister considers that the forest management activities carried out in the management unit are unsatisfactory, having regard to the elements mentioned in subparagraph 5 of the first paragraph of section 77. Following a reduction in the annual allowable cut assigned to a management unit covered by several agreements, the Minister may take account of the impacts on regional or local economic activity of the apportionment of the reduction in volume among the agreement holders for the species or group of species concerned, and vary the reduction based on the impacts. The Act respecting the lands in the domain of the State (R.S.Q., c. T-8.1) stipulates as follows: Section 53 Every person may enter on lands in the domain of the State, except as prescribed by law or a regulation of the Government. The right to enter and stay on lands under the authority of the Minister must be exercised in compliance with the rules prescribed by regulation of the Government. Section 58 Any person may use a road constructed under section 55, subject to the regulations under paragraphs 9 and 10 of section 71. Access to a road may be restricted or prohibited by the Minister for reasons of public interest. 48 CONSULTATION PAPER

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