C-61.01 - Natural Heritage Conservation Act

Section 46 Disposition versions

2021-03-19

46. The Minister may, on conditions the Minister determines, exempt an activity from a regulation made under subparagraph 2 or 3 of the first paragraph of section 44 if the public interest justifies it.

2002, c. 74, s. 46; 2010, c. 3, s. 281; 2021, c. 1, s. 35.

2013-04-01

46. In an aquatic reserve and a biodiversity reserve

(1)  the following activities are prohibited:

(a)  forest development activities within the meaning of the Sustainable Forest Development Act (chapter A-18.1);

(b)  mining, and gas or petroleum development;

(c)  mining, gas and petroleum exploration, brine and underground reservoir exploration, prospecting, and digging or boring;

(d)  the development of hydraulic resources and any production of energy on a commercial or industrial basis;

(e)  any other activity prohibited by the approved conservation plan;

(f)  any other activity which the Government may prohibit by regulation; and

(g)  subject to measures in the conservation plan authorizing the activities and specifying the conditions on which they may be carried on:

i.  any allocation of a right to occupy land for vacation resort purposes,

ii.  earthwork, backfilling or construction work; and

iii.  commercial activities;

(2)  all other activities are permitted, subject to the conditions contained in the approved conservation plan governing the carrying on of such activities. Notwithstanding subparagraph a of subparagraph 1, activities carried out to meet domestic needs or for the purpose of maintaining biodiversity are permitted, subject to the conditions contained in the conservation plan governing the carrying on of such activities.

2002, c. 74, s. 46; 2010, c. 3, s. 281.

2002-12-19

46. In an aquatic reserve and a biodiversity reserve

(1)  the following activities are prohibited:

(a)  forest management within the meaning of section 3 of the Forest Act (chapter F‐4.1);

(b)  mining, and gas or petroleum development;

(c)  mining, gas and petroleum exploration, brine and underground reservoir exploration, prospecting, and digging or boring;

(d)  the development of hydraulic resources and any production of energy on a commercial or industrial basis;

(e)  any other activity prohibited by the approved conservation plan;

(f)  any other activity which the Government may prohibit by regulation; and

(g)  subject to measures in the conservation plan authorizing the activities and specifying the conditions on which they may be carried on:

i.  any allocation of a right to occupy land for vacation resort purposes,

ii.  earthwork, backfilling or construction work; and

iii.  commercial activities;

(2)  all other activities are permitted, subject to the conditions contained in the approved conservation plan governing the carrying on of such activities. Notwithstanding subparagraph a of subparagraph 1, activities carried out to meet domestic needs or for the purpose of maintaining biodiversity are permitted, subject to the conditions contained in the conservation plan governing the carrying on of such activities.

2002, c. 74, s. 46.