Q-2, r. 35 - Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains

Section 6.1 Disposition versions

2018-04-01

6.1. Section 2.1 of the Environment Quality Act (chapter Q-2) provides that it shall be the responsibility of the Minister of Sustainable Development, Environment and Parks “to elaborate and propose to the Government a protection policy for lakeshores, riverbanks, littoral zones and floodplains, to implement such policy and to coordinate its application”.

Under the Act respecting land use planning and development (chapter A-19.1), municipalities are responsible for adopting and enforcing by-laws to implement the principles of this Policy in accordance with the land use planning and development plans and complementary documents of the metropolitan communities, regional county municipalities or cities exercising the powers of a regional county municipality into which the objectives and provisions of this Policy have been integrated.

That Act provides that the Minister of Sustainable Development, Environment and Parks may request that a planning by-law in force be amended if the Minister is of the opinion that it is not consistent with the policy of the Government or, considering the distinctive features of the locality, it fails to provide adequate protection for lakeshores, riverbanks, littoral zones and floodplains.

Responsibility for implementing the Policy on lands in the domain of the State is shared between the Government and the municipalities. The Minister of Natural Resources and Wildlife is responsible for the application of the Act respecting the lands in the domain of the State (chapter T-8.1) and its regulations, while the municipalities are responsible for implementing this Policy for lands in the domain of the State as regards the structures, undertakings and works of persons who have acquired land rights in those lands.

The Minister of Natural Resources and Wildlife, who administers the Sustainable Forest Development Act (chapter A-18.1) and its regulations including the regulation concerning standards for the sustainable development of forests in the domain of the State, is also responsible for implementing the Policy as regards management activities in forests in the domain of the State. The activities of the regional county municipalities in unorganized territories and the activities of local municipalities must be consistent with those of the Department.

Where required by the Environment Quality Act, structures, undertakings and works for municipal, commercial, industrial, public or public access purposes, whether on private land or in forests in the domain of the State, must be authorized by the Minister of Sustainable Development, Environment and Parks and, where applicable, by the Government.

Authorization must be obtained from the Minister of Natural Resources and Wildlife for structures, undertakings and works in a littoral zone, and more specifically in a fish habitat, where the Act respecting the conservation and development of wildlife (chapter C-61.1) and its regulations so provide. The Ministère des Ressources naturelles et de la Faune, through its wildlife protection officers, is also responsible for controlling the administration of the federal fisheries legislation which also protects fish habitat.

As indicated above, this Policy sets out minimal measures; additional protection measures may be initiated by government authorities and municipalities in response to special circumstances.

Lastly, the Government, its departments and bodies and the municipalities will comply with the restrictions the Policy imposes on their works, structures and undertakings as a means of ensuring the Policy is implemented. In addition, in administering programs under which financial assistance is provided to third parties, the Government, its departments and bodies and the municipalities will ensure that no assistance is granted for structures, undertakings or works that have no place on lakeshores or riverbanks or in littoral zones, and that no assistance is granted for undertakings or works in a floodplain, unless those undertakings or works are permitted under this Policy, or for structures, except to facilitate the flood-proofing or relocation of existing structures.

O.C. 468-2005, s. 6.1; O.C. 476-2017.

2012-09-01

6.1. Section 2.1 of the Environment Quality Act (chapter Q-2) provides that it shall be the responsibility of the Minister of Sustainable Development, Environment and Parks “to elaborate and propose to the Government a protection policy for lakeshores, riverbanks, littoral zones and floodplains, to implement such policy and to coordinate its application”.

Under the Act respecting land use planning and development (chapter A-19.1), municipalities are responsible for adopting and enforcing by-laws to implement the principles of this Policy in accordance with the land use planning and development plans and complementary documents of the metropolitan communities, regional county municipalities or cities exercising the powers of a regional county municipality into which the objectives and provisions of this Policy have been integrated.

That Act provides that the Minister of Sustainable Development, Environment and Parks may request that a planning by-law in force be amended if the Minister is of the opinion that it is not consistent with the policy of the Government or, considering the distinctive features of the locality, it fails to provide adequate protection for lakeshores, riverbanks, littoral zones and floodplains.

Responsibility for implementing the Policy on lands in the domain of the State is shared between the Government and the municipalities. The Minister of Natural Resources and Wildlife is responsible for the application of the Act respecting the lands in the domain of the State (chapter T-8.1) and its regulations, while the municipalities are responsible for implementing this Policy for lands in the domain of the State as regards the structures, undertakings and works of persons who have acquired land rights in those lands.

The Minister of Natural Resources and Wildlife, who administers the Sustainable Forest Development Act (chapter A-18.1) and its regulations including the regulation concerning standards of forest management in forests in the domain of the State, is also responsible for implementing the Policy as regards management activities in forests in the domain of the State. The activities of the regional county municipalities in unorganized territories and the activities of local municipalities must be consistent with those of the Department.

Where required by the Environment Quality Act, structures, undertakings and works for municipal, commercial, industrial, public or public access purposes, whether on private land or in forests in the domain of the State, must be authorized by the Minister of Sustainable Development, Environment and Parks and, where applicable, by the Government.

Authorization must be obtained from the Minister of Natural Resources and Wildlife for structures, undertakings and works in a littoral zone, and more specifically in a fish habitat, where the Act respecting the conservation and development of wildlife (chapter C-61.1) and its regulations so provide. The Ministère des Ressources naturelles et de la Faune, through its wildlife protection officers, is also responsible for controlling the administration of the federal fisheries legislation which also protects fish habitat.

As indicated above, this Policy sets out minimal measures; additional protection measures may be initiated by government authorities and municipalities in response to special circumstances.

Lastly, the Government, its departments and bodies and the municipalities will comply with the restrictions the Policy imposes on their works, structures and undertakings as a means of ensuring the Policy is implemented. In addition, in administering programs under which financial assistance is provided to third parties, the Government, its departments and bodies and the municipalities will ensure that no assistance is granted for structures, undertakings or works that have no place on lakeshores or riverbanks or in littoral zones, and that no assistance is granted for undertakings or works in a floodplain, unless those undertakings or works are permitted under this Policy, or for structures, except to facilitate the flood-proofing or relocation of existing structures.

O.C. 468-2005, s. 6.1.