C-61.01, r. 71.1.1 - Regulation respecting the Réserve de biodiversité d’Anticosti

Section 10 Disposition versions

2024-08-15

10. Despite paragraphs 1, 5 and 6 of section 8, if the requirements provided for in the second paragraph are met, no authorization is required to carry out the following work:

(1)  the rebuilding, maintenance, closure or repair of any construction, infrastructure or works, including a camp, a cabin, a road or a trail, including an ancillary facility such as a lookout or stairs;

(2)  the construction or installation

(a)  of a dependency or a facility ancillary to a shelter or a cabin, including a shed, a water withdrawal facility or devices for the discharge and disposal of wastewater, grey water and toilet effluents; or

(b)  of a shelter or cabin if, on 15 August 2024, such a building was allowed under the right of use or occupancy granted, but was not yet carried out; or

(3)  the demolition or reconstruction of a shelter or a cabin, including a dependency or a facility ancillary to such a construction, such as a shed, a water withdrawal facility or devices for the discharge and disposal of wastewater, grey water and toilet effluents.

The carrying out of the work referred to in the first paragraph must comply with the following:

(1)  the work involves a construction, infrastructure or works whose presence is allowed in the biodiversity reserve;

(2)  the work is carried out within the area of the land or right of way covered by the right of use or occupancy in the biodiversity reserve, whether the right results from a lease, a servitude or another form of title, permit or authorization;

(3)  the nature of the work or elements erected by the work will not operate to increase the area of land that may remain deforested beyond the limits allowed by the provisions applicable to the sale, lease and granting of immovable rights under the Act respecting the lands in the domain of the State (chapter T-8.1) and, if applicable, the limits set under an authorization issued in connection with that construction, works or infrastructure;

(4)  the work is carried out in accordance with the prescriptions of any permit or authorization issued for the work or in connection with the construction, infrastructure or works to which they are related, as well as in compliance with the applicable laws and regulations;

(5)  in the case of forest roads, the work must not result in altering or exceeding the existing right of way or converting the road into a higher class of road.

For the purposes of this section, rebuilding, maintenance, closure or repair work includes work to replace or install structures or facilities with a view to complying with a law or regulation.

O.C. 1156-2024, s. 10.

Not in force

In force: 2024-08-15

10. Despite paragraphs 1, 5 and 6 of section 8, if the requirements provided for in the second paragraph are met, no authorization is required to carry out the following work:

(1)  the rebuilding, maintenance, closure or repair of any construction, infrastructure or works, including a camp, a cabin, a road or a trail, including an ancillary facility such as a lookout or stairs;

(2)  the construction or installation

(a)  of a dependency or a facility ancillary to a shelter or a cabin, including a shed, a water withdrawal facility or devices for the discharge and disposal of wastewater, grey water and toilet effluents; or

(b)  of a shelter or cabin if, on 15 August 2024, such a building was allowed under the right of use or occupancy granted, but was not yet carried out; or

(3)  the demolition or reconstruction of a shelter or a cabin, including a dependency or a facility ancillary to such a construction, such as a shed, a water withdrawal facility or devices for the discharge and disposal of wastewater, grey water and toilet effluents.

The carrying out of the work referred to in the first paragraph must comply with the following:

(1)  the work involves a construction, infrastructure or works whose presence is allowed in the biodiversity reserve;

(2)  the work is carried out within the area of the land or right of way covered by the right of use or occupancy in the biodiversity reserve, whether the right results from a lease, a servitude or another form of title, permit or authorization;

(3)  the nature of the work or elements erected by the work will not operate to increase the area of land that may remain deforested beyond the limits allowed by the provisions applicable to the sale, lease and granting of immovable rights under the Act respecting the lands in the domain of the State (chapter T-8.1) and, if applicable, the limits set under an authorization issued in connection with that construction, works or infrastructure;

(4)  the work is carried out in accordance with the prescriptions of any permit or authorization issued for the work or in connection with the construction, infrastructure or works to which they are related, as well as in compliance with the applicable laws and regulations;

(5)  in the case of forest roads, the work must not result in altering or exceeding the existing right of way or converting the road into a higher class of road.

For the purposes of this section, rebuilding, maintenance, closure or repair work includes work to replace or install structures or facilities with a view to complying with a law or regulation.

O.C. 1156-2024, s. 10.