E-12.01, r. 3 - Regulation respecting threatened or vulnerable plant species and their habitats

Section 8 Disposition versions

2023-07-06

8. The prohibitions referred to in section 16 of the Act respecting threatened or vulnerable species (chapter E-12.01) do not apply to servicing activities of Hydro-Québec’s power line network or of road infrastructures by the Minister responsible for the administration of the Act respecting roads (chapter V-9).

In addition, the prohibitions referred to in section 17 of the Act respecting threatened or vulnerable species do not apply to servicing activities of Hydro-Québec’s power line network carried out in a plant habitat to the extent that they are carried on without jeopardizing the viability of the threatened or vulnerable species present therein and the components of the surroundings that ensure their survival.

For the purposes of this section, servicing activities include inspections, reconstruction, repairs and control of vegetation, and are carried out on the infrastructure concerned or in its right of way, as well as the cutting of trees or shrubs that could accidentally come in contact with electrical wires, without further impact on the natural environment.

Access to infrastructures concerned by servicing carried on in accordance with this section must be by existing roads, where they exist.

O.C. 757-2005, s. 8; O.C. 988-2023, s. 4.

2012-09-01

8. The prohibitions from mutilating or destroying any specimen of a threatened or vulnerable species set out in section 16 of the Act respecting threatened or vulnerable species (chapter E-12.01) and the prohibitions set out in section 17 of the Act do not apply to Hydro-Québec’s ordinary overhead electric power line servicing and upgrading activities carried on in the plant habitats of Baie-du-Havre-aux-Basques, Barachois-de-Bonaventure, Dune-du-Nord, Les Sillons and Tourbière-de-Mont-Albert, on the condition that access to the equipment is by existing roads, where they exist, and the servicing and upgrading activities are carried out without jeopardizing the viability of the threatened or vulnerable species and the components of the surroundings that ensure their survival.

The prohibitions also do not apply to major servicing and upgrading work such as land decontamination or the reconstruction, renovation or construction of all or any portion of a power line in the same habitats and under the same conditions as those described in the first paragraph. Hydro-Québec must, however, before undertaking the work, obtain authorization pursuant to subparagraph 2 of the first paragraph of section 18 of that Act from the Minister of Sustainable Development, Environment and Parks.

O.C. 757-2005, s. 8.