Q-2 - Environment Quality Act

Full text
46.0.22. The Government may, by regulation,
(1)  determine the applicable elements, scales and methods for assessing damage that a project could cause to wetlands and bodies of water and for determining the amount of the financial contribution required as compensation for the damage;
(2)  determine the terms of payment for a financial contribution required under this division and any applicable interest and penalties;
(3)  in addition to the cases provided for in this division, determine which situations give rise to reimbursement of a financial contribution paid and the conditions applicable to any reimbursement;
(4)  determine the proportion of the financial contribution that can be reduced in cases where a contribution or another type of compensation is required by the Minister under the Act respecting threatened or vulnerable species (chapter E-12.01) in respect of a threatened or vulnerable plant species or by the minister responsible for wildlife, in particular if an activity is carried out in a wildlife habitat governed by the Act respecting the conservation and development of wildlife (chapter C-61.1);
(5)  provide for the cases in which a financial contribution required under this division may be replaced by work carried out to restore or create wetlands and bodies of water and specify the standards applicable to such work;
(6)  define any term or expression used in this division;
(7)  exempt, subject to the conditions, restrictions or prohibitions the Government determines, certain activities referred to in the first paragraph of section 46.0.5 from the requirement to pay a financial contribution to compensate for adverse effects on wetlands and bodies of water;
(8)  classify the flood zones of lakes and watercourses as well as the mobility zones of watercourses;
(9)  determine the information and documents that a person must send to the Minister to allow the preparation, verification or modification of the boundaries of a flood zone of a lake or watercourse and a mobility zone of a watercourse;
(10)  prohibit or limit the carrying out of any work, the erecting of any structures or the carrying out of any other interventions in wetlands and bodies of water or on flood protection works;
(11)  in the cases and under the conditions specified, make the carrying out of any work, the erecting of any structures or the carrying out of any other interventions in wetlands and bodies of water subject to the issue of a permit by the municipality concerned;
(12)  establish the standards applicable to the work, structures or other interventions carried out or erected in wetlands and bodies of water in order to ensure adequate protection of the safety, welfare or comfort of human beings or to prevent adverse effects on property;
(13)  provide that regional county municipalities may prepare a flood risk management plan supported by an expert evaluation and prescribe the criteria and terms applicable to such a plan and such an evaluation;
(14)  prescribe the criteria that a regulation made under section 79.1 of the Act respecting land use planning and development (chapter A-19.1) must meet to be approved by the Minister of Municipal Affairs, Regions and Land Occupancy under section 79.17 of that Act;
(15)  establish the standards applicable to flood protection works, in particular with regard to design, maintenance and monitoring;
(16)  prescribe the reports, studies and other documents, in the cases and under the conditions specified, that must be produced by a municipality with respect to flood protection works located in whole or in part in its territory;
(17)  determine the information and documents to be sent to the Minister or to a municipality to ensure monitoring of the authorizations issued within a flood zone of a lake or watercourse or a mobility zone of a watercourse; and
(18)  determine which information and documents produced under a government regulation made under this division are public and must be made available to the public.
2017, c. 14, s. 31; 2021, c. 7, s. 90; 2021, c. 24, s. 117.
46.0.22. The Government may, by regulation,
(1)  determine the applicable elements, scales and methods for assessing damage that a project could cause to wetlands and bodies of water and for determining the amount of the financial contribution required as compensation for the damage;
(2)  determine the terms of payment for a financial contribution required under this division and any applicable interest and penalties;
(3)  in addition to the cases provided for in this division, determine which situations give rise to reimbursement of a financial contribution paid and the conditions applicable to any reimbursement;
(4)  determine the proportion of the financial contribution that can be reduced in cases where a contribution or another type of compensation is required by the minister responsible for wildlife, in particular if an activity is carried out in a wildlife habitat governed by the Act respecting the conservation and development of wildlife (chapter C-61.1);
(5)  provide for the cases in which a financial contribution required under this division may be replaced by work carried out to restore or create wetlands and bodies of water and specify the standards applicable to such work;
(6)  define any term or expression used in this division;
(7)  exempt, subject to the conditions, restrictions or prohibitions the Government determines, certain activities referred to in the first paragraph of section 46.0.5 from the requirement to pay a financial contribution to compensate for adverse effects on wetlands and bodies of water;
(8)  classify the flood zones of lakes and watercourses as well as the mobility zones of watercourses;
(9)  determine the information and documents that a person must send to the Minister to allow the preparation, verification or modification of the boundaries of a flood zone of a lake or watercourse and a mobility zone of a watercourse;
(10)  prohibit or limit the carrying out of any work, the erecting of any structures or the carrying out of any other interventions in wetlands and bodies of water or on flood protection works;
(11)  in the cases and under the conditions specified, make the carrying out of any work, the erecting of any structures or the carrying out of any other interventions in wetlands and bodies of water subject to the issue of a permit by the municipality concerned;
(12)  establish the standards applicable to the work, structures or other interventions carried out or erected in wetlands and bodies of water in order to ensure adequate protection of the safety, welfare or comfort of human beings or to prevent adverse effects on property;
(13)  provide that regional county municipalities may prepare a flood risk management plan supported by an expert evaluation and prescribe the criteria and terms applicable to such a plan and such an evaluation;
(14)  prescribe the criteria that a regulation made under section 79.1 of the Act respecting land use planning and development (chapter A-19.1) must meet to be approved by the Minister of Municipal Affairs, Regions and Land Occupancy under section 79.17 of that Act;
(15)  establish the standards applicable to flood protection works, in particular with regard to design, maintenance and monitoring;
(16)  prescribe the reports, studies and other documents, in the cases and under the conditions specified, that must be produced by a municipality with respect to flood protection works located in whole or in part in its territory;
(17)  determine the information and documents to be sent to the Minister or to a municipality to ensure monitoring of the authorizations issued within a flood zone of a lake or watercourse or a mobility zone of a watercourse; and
(18)  determine which information and documents produced under a government regulation made under this division are public and must be made available to the public.
2017, c. 14, s. 31; 2021, c. 7, s. 90.
46.0.12. The Government may, by regulation,
(1)  determine the applicable elements, scales and methods for assessing damage that a project could cause to wetlands and bodies of water and for determining the amount of the financial contribution required as compensation for the damage;
(2)  determine the terms of payment for a financial contribution required under this division and any applicable interest and penalties;
(3)  in addition to the cases provided for in this division, determine which situations give rise to reimbursement of a financial contribution paid and the conditions applicable to any reimbursement;
(4)  determine the proportion of the financial contribution that can be reduced in cases where a contribution or another type of compensation is required by the minister responsible for wildlife, in particular if an activity is carried out in a wildlife habitat governed by the Act respecting the conservation and development of wildlife (chapter C-61.1);
(5)  provide for the cases in which a financial contribution required under this division may be replaced by work carried out to restore or create wetlands and bodies of water and specify the standards applicable to such work;
(6)  define any term or expression used in this division; and
(7)  exempt, subject to the conditions, restrictions or prohibitions the Government determines, certain activities referred to in the first paragraph of section 46.0.5 from the requirement to pay a financial contribution to compensate for adverse effects on wetlands and bodies of water.
2017, c. 14, s. 31.