p-37 - Tree Protection Act

Updated to 12 May 2022

This document has official status.

chapter P-37

Tree Protection Act

1. Notwithstanding any general or special law authorizing same, any person or any legal person constituted in Québec or elsewhere by any authority whatsoever, destroying or damaging, wholly or partly, a tree, sapling or shrub, or any underwood, anywhere other than in a forest under the management of the Minister of Natural Resources and Wildlife, without having obtained, upon petition therefor notified to the interested parties, the authorization of the Minister of Sustainable Development, Environment and Parks, unless a consent has been previously given by the owner of such tree, sapling, shrub or underwood, shall be bound to pay to the owner of such tree, sapling, shrub or underwood, in addition to actual damages, punitive damages in an amount not exceeding $200 for each such tree, sapling, shrub or underwood so wholly or partly destroyed or damaged.

Nevertheless, this section shall not apply in cases where such trees or shrubs accidentally come in contact or could come in contact with electrical wires or apparatus of a public utility in a manner to endanger life or property or to interrupt service, nor in the cases falling under article 985 of the Civil Code.

Before felling any tree, sapling or shrub for precautionary reasons, a person must, by any appropriate means under the circumstances, notify the owner or occupant of the premises at least 24 hours prior to the felling. Any notice left in the absence of the owner must be left in a conspicuous place visible to the owner or occupant.

R. S. 1964, c. 95, s. 1; 1973, c. 38, s. 101; 1977, c. 5, s. 14; 1979, c. 49, s. 19; 1984, c. 27, s. 83; 1988, c. 23, s. 97; 1990, c. 64, s. 37; 1994, c. 13, s. 16; 1994, c. 17, s. 75; 1999, c. 40, s. 229; 1999, c. 36, s. 158; 2003, c. 8, s. 6; 2006, c. 3, s. 35; I.N. 2016-01-01 (NCCP); 2022, c. 8, s. 85.

2. The sums claimed for actual or punitive damages, or both, under the authority of section 1, shall be recoverable before the Court of Québec or the Superior Court, according to the amount claimed.

R. S. 1964, c. 95, s. 2; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 66; 1999, c. 40, s. 229.

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

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

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 95 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter P-37 of the Revised Statutes.