Q-2, r. 0.1 - Regulation respecting activities in wetlands, bodies of water and sensitive areas

Section 28 Disposition versions

2023-02-13

28. The dewatering or temporary narrowing of a watercourse may not be carried out in the same part of the watercourse more than twice in a 12-month period.

If dewatering or narrowing work is carried out by the Minister responsible for the Act respecting roads (chapter V-9) or by a municipality, it must comply with the following conditions:

(1)  in the case of work lasting for not more than 20 days, the dewatering or narrowing may be complete if the water is totally redirected downstream of the work;

(2)  in the case of work lasting for more than 20 days, the dewatering or narrowing,

(a)  if there is a permanent infrastructure present for which dewatering or narrowing is required,

i.  may not exceed one half of the infrastructure’s opening if the dewatering or narrowing is carried out between 15 June and 30 September;

ii.  may not exceed one third of the infrastructure’s opening if the dewatering or narrowing is carried out between 1 October and 14 June;

(b)  if there is no permanent infrastructure present for which dewatering or narrowing is required, may not exceed two thirds of the width of the watercourse.

If dewatering or narrowing work is carried out by any person other than a person referred to in the second paragraph, it may not last for more than 30 consecutive days and, in addition to the conditions set out in the first paragraph, it must comply with the following conditions:

(1)  in the case of work lasting for no more than 10 days, the dewatering or narrowing may be complete if the width of the watercourse is less than 5 m and the water is totally redirected downstream of the work;

(2)  in other cases, the dewatering or narrowing may not exceed one third of the width of the watercourse.

This section does not apply where dewatering or narrowing work is carried out for the purpose of managing a dam.

O.C. 871-2020, s. 28; O.C. 1461-2022, s. 10.

2020-12-31

28. Where a portion of a watercourse is temporarily dewatered or narrowed, the dewatering or narrowing,

(1)  in the case of work carried out by the Minister responsible for the Act respecting roads (chapter V-9) lasting for more than 10 consecutive days, may not exceed,

(a)  if there is an infrastructure present, one half of the infrastructure’s opening if the dewatering or narrowing is carried out between 15 June and 30 September or one third of its opening if the dewatering or narrowing is carried out between 1 October and 14 June,

(b)  if there is no infrastructure present, two thirds of the width of the watercourse;

(2)  in other cases,

(a)  may not exceed one third of the width of the watercourse,

(b)  may not last for more than 30 consecutive days, and

(c)  may not occur more than twice a year.

O.C. 871-2020, s. 28.

Not in force

In force: 2020-12-31

28. Where a portion of a watercourse is temporarily dewatered or narrowed, the dewatering or narrowing,

(1)  in the case of work carried out by the Minister responsible for the Act respecting roads (chapter V-9) lasting for more than 10 consecutive days, may not exceed,

(a)  if there is an infrastructure present, one half of the infrastructure’s opening if the dewatering or narrowing is carried out between 15 June and 30 September or one third of its opening if the dewatering or narrowing is carried out between 1 October and 14 June,

(b)  if there is no infrastructure present, two thirds of the width of the watercourse;

(2)  in other cases,

(a)  may not exceed one third of the width of the watercourse,

(b)  may not last for more than 30 consecutive days, and

(c)  may not occur more than twice a year.

O.C. 871-2020, s. 28.