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

Section 3 Disposition versions

2023-02-13

3. This Regulation does not apply

(1)  to activities subject to the Regulation respecting the sustainable development of forests in the domain of the State (chapter A-18.1, r. 0.01), except those referred to in subparagraphs a and b of subparagraph 1 of the first paragraph of section 50 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1);

(1.1)  activities carried on in a natural setting or an area designated under the Natural Heritage Conservation Act (chapter C-61.01), where the activities are authorized pursuant to that Act;

(1.2)  activities carried on in the habitat of a threatened or vulnerable species of flora identified pursuant to paragraph 2 of section 10 of the Act respecting threatened or vulnerable species (chapter E-12.01), where the activities are authorized pursuant to that Act;

(1.3)  activities carried on in accordance with an order issued pursuant to the Act;

(2)  to the cultivation of non-aquatic plants and mushrooms, except Chapter I, Division VIII of Chapter III and sections 53 and 58;

(3)  despite section 46.0.2 of the Act, to interventions carried out in

(a)  the following man-made works:

i.  an irrigation pond;

ii.  a water management or treatment facility referred to in subparagraph 3 of the first paragraph of section 22 of the Act;

iii.  a body containing water pumped from a sand pit or quarry, if it has not been restored;

iv.  a commercial fishing pond;

v.  a pond for the production of aquatic organisms;

vi.  a basin reserved for firefighting purposes.

(b)  a wetland in which the vegetation is dominated by reed phalaris (Phalaris arundinacea L.) or the introduced sub-species of common water reed (Phragmites australis (Cav.) Trin. ex Steud. subsp. australis), and when the soil is not hydromorphic.

For the purposes of subparagraph a of subparagraph 3 of the first paragraph,

(1)  the works must be on land or in a flood zone, excluding riverbanks and lakeshores and any wetlands present in that floodplain;

(2)  the works must still be in use or, if not in use, must have been unused for at least 10 years;

(3)  a wetland resulting from work under a program to promote the restoration and creation of wetlands and bodies of water under the Act to affirm the collective nature of water resources and to promote better governance of water and associated environments (chapter C-6.2) or from work carried out in accordance with the Regulation respecting compensation for adverse effects on wetlands and bodies of water (chapter Q-2, r. 9.1) is not considered to be a man-made works;

(4)  a wetland or body of water into which storm water is discharged cannot be considered to be a water management or treatment facility.

O.C. 871-2020, s. 3; O.C. 1596-2021, s. 22; O.C. 1461-2022, s. 2.

2022-03-01

3. This Regulation does not apply

(1)  to activities subject to the Regulation respecting the sustainable development of forests in the domain of the State (chapter A-18.1, r. 0.01);

(2)  to the cultivation of non-aquatic plants and mushrooms, except Chapter I, Division VIII of Chapter III and sections 53 and 58;

(3)  despite section 46.0.2 of the Act, to interventions carried out in

(a)  the following man-made works:

i.  an irrigation pond;

ii.  a water management or treatment facility referred to in subparagraph 3 of the first paragraph of section 22 of the Act;

iii.  a body containing water pumped from a sand pit or quarry, if it has not been restored;

iv.  a commercial fishing pond;

v.  a pond for the production of aquatic organisms;

vi.  a basin reserved for firefighting purposes.

(b)  a wetland in which the vegetation is dominated by reed phalaris (Phalaris arundinacea L.) or the introduced sub-species of common water reed (Phragmites australis (Cav.) Trin. ex Steud. subsp. australis), and when the soil is not hydromorphic.

For the purposes of subparagraph a of subparagraph 3 of the first paragraph,

(1)  the works must be on land or in a flood zone, excluding riverbanks and lakeshores and any wetlands present in that floodplain;

(2)  the works must still be in use or, if not in use, must have been unused for at least 10 years;

(3)  a wetland resulting from work under a program to promote the restoration and creation of wetlands and bodies of water under the Act to affirm the collective nature of water resources and to promote better governance of water and associated environments (chapter C-6.2) or from work carried out in accordance with the Regulation respecting compensation for adverse effects on wetlands and bodies of water (chapter Q-2, r. 9.1) is not considered to be a man-made works;

(4)  a wetland or body of water into which storm water is discharged cannot be considered to be a water management or treatment facility.

O.C. 871-2020, s. 3; O.C. 1596-2021, s. 22.

2020-12-31

3. Section 118.3.3 of the Act does not apply to this Regulation, nor does section 46.0.2 of the Act apply to interventions in

(1)  the following man-made sites:

(a)  an irrigation pond;

(b)  a water management or treatment facility referred to in subparagraph 3 of the first paragraph of section 22 of the Act;

(c)  a body containing water pumped from a sand pit or quarry, if it has not been restored;

(d)  a commercial fishing pond;

(e)  a pond for the production of aquatic organisms;

(2)  an environment in which the vegetation is dominated by reed phalaris (Phalaris arundinacea L.) or the introduced sub-species of common water reed (Phragmites australis (Cav.) Trin. ex Steud. subsp. australis), and when the soil is not hydromorphic.

For the purposes of subparagraph 1 of the first paragraph,

(1)  the works must be on land or in a floodplain, excluding riverbanks and lakeshores and any wetlands present in that floodplain;

(2)  the works must still be in use or, if not in use, must have been unused for at least 10 years;

(3)  a wetland resulting from work under a program to promote the restoration and creation of wetlands and bodies of water under the Act to affirm the collective nature of water resources and to promote better governance of water and associated environments (chapter C-6.2) or from work carried out in accordance with the Regulation respecting compensation for adverse effects on wetlands and bodies of water (chapter Q-2, r. 9.1) is not considered to be a man-made works;

(4)  a wetland into which storm water is discharged cannot be considered to be a water management or treatment facility.

O.C. 871-2020, s. 3.

Not in force

In force: 2020-12-31

3. Section 118.3.3 of the Act does not apply to this Regulation, nor does section 46.0.2 of the Act apply to interventions in

(1)  the following man-made sites:

(a)  an irrigation pond;

(b)  a water management or treatment facility referred to in subparagraph 3 of the first paragraph of section 22 of the Act;

(c)  a body containing water pumped from a sand pit or quarry, if it has not been restored;

(d)  a commercial fishing pond;

(e)  a pond for the production of aquatic organisms;

(2)  an environment in which the vegetation is dominated by reed phalaris (Phalaris arundinacea L.) or the introduced sub-species of common water reed (Phragmites australis (Cav.) Trin. ex Steud. subsp. australis), and when the soil is not hydromorphic.

For the purposes of subparagraph 1 of the first paragraph,

(1)  the works must be on land or in a floodplain, excluding riverbanks and lakeshores and any wetlands present in that floodplain;

(2)  the works must still be in use or, if not in use, must have been unused for at least 10 years;

(3)  a wetland resulting from work under a program to promote the restoration and creation of wetlands and bodies of water under the Act to affirm the collective nature of water resources and to promote better governance of water and associated environments (chapter C-6.2) or from work carried out in accordance with the Regulation respecting compensation for adverse effects on wetlands and bodies of water (chapter Q-2, r. 9.1) is not considered to be a man-made works;

(4)  a wetland into which storm water is discharged cannot be considered to be a water management or treatment facility.

O.C. 871-2020, s. 3.