Regulatory intersections and Indigenous rights: lessons from Forest Stewardship Council certification in Quebec, Canada

The goal of this study is to better understand the qualities of regulatory interaction and its effects through the analysis of two case studies involving the Forest Stewardship Council's (FSC) requirements for free and informed consent during the period 2012 to 2015 in Quebec. The first case describes events related to the transfer of FSC certificates from the forest industry to the Quebec government, proposed as a result of the introduction of the new forest policy regime in 2013. The second case describes a contested FSC certificate in the Lac-St-Jean region, spearheaded by an Indigenous nation, over the issue of free and informed consent. Both cases are documented through secondary data. Results reveal that forestry certification acted as a catalyst, obliging parties to more clearly define their positions on the application of Indigenous rights, but also creating dissonance within the regulatory system. Pathways of regulatory interaction were characterized by mutual influence, negotiation, and readjustment.