Q-2, r. 9.1 - Regulation respecting compensation for adverse effects on wetlands and bodies of water

Section 10 Disposition versions

2024-08-01

10. The Minister may, in accordance with the second paragraph of section 46.0.5 of the Act, allow the replacement of all or part of the payment of the financial contribution by work carried out to restore or create wetlands or bodies of water in the case of the following activities:

(1)  work related to a road infrastructure, a bike path, a hiking trail, a water management or treatment facility referred to in section 32 of the Act or an electric power transmission and distribution network, where the work is carried out by

(a)  a department, a public body or an entity that has jurisdiction on any of the territories listed in Schedule IV;

(b)  a person that has made an agreement with a municipality in accordance with subparagraph 1 of the first paragraph of section 145.21 of the Act respecting land use planning and development (chapter A-19.1);

(2)  exploration work referred to in section 108 of the Mining Regulation (chapter M-13.1, r. 2);

(3)  work for mining mineral substances within the meaning of section 1 of the Mining Act (chapter M-13.1), other than petroleum, natural gas and brine;

(4)  the development or expansion of a new parcel of land for the cultivation of non-aquatic plants and mushrooms, and work on infrastructures directly connected to such cultivation, when

(a)  the activity is carried out in an open wetland other than an open peatland with an area of at least 4 ha; or

(b)  the activity is carried out in a wooded wetland in the sugar maple-bitternut hickory bioclimatic domain;

(5)  work carried out in an industrial park, or as part of the development of such park;

(6)  the following forest development activities:

(a)  silvicultural drainage carried out in a wetland or on the shore or bank or in the flood zone of a lake or watercourse;

(b)  any other forest development activity carried out in an open wetland or on the shore or bank or in the flood zone of a lake or watercourse;

(7)  all work on the shore or bank or in the flood zone of a lake or watercourse when carried out by a government department, a public body on an entity having authority over one of the places listed in Schedule IV.

For the purposes of subparagraph 4 of the first paragraph, activities carried out in a 100 m strip of wooded wetland bordering on an open peatland of less than 4 ha are not concerned.

The activities mentioned in the first paragraph exclude those referred to in section 5.

O.C. 1242-2018, s. 10; O.C. 1369-2021, s. 6; I.N. 2024-08-01.

2024-05-06

10. The Minister may, in accordance with the second paragraph of section 46.0.5 of the Act, allow the replacement of all or part of the payment of the financial contribution by work carried out to restore or create wetlands or bodies of water in the case of the following activities:

(1)  work related to a road infrastructure, a bike path, a hiking trail, a water management or treatment facility referred to in section 32 of the Act or an electric power transmission and distribution network, where the work is carried out by

(a)  a department, a public body or an entity that has jurisdiction on any of the territories listed in Schedule IV;

(b)  a person that has made an agreement with a municipality in accordance with subparagraph 1 of the first paragraph of section 145.21 of the Act respecting land use planning and development (chapter A-19.1);

(2)  exploration work referred to in section 108 of the Mining Regulation (chapter M-13.1, r. 2);

(3)  work for mining mineral substances within the meaning of section 1 of the Mining Act (chapter M-13.1), other than petroleum, natural gas and brine;

(4)  the development or expansion of a new parcel of land for the cultivation of non-aquatic plants and mushrooms, and work on infrastructures directly connected to such cultivation, when

(a)  the activity is carried out in an open wetland other than an open peat bog with an area of at least 4 ha; or

(b)  the activity is carried out in a wooded wetland in the sugar maple-bitternut hickory bioclimatic domain;

(5)  work carried out in an industrial park, or as part of the development of such park;

(6)  the following forest development activities:

(a)  silvicultural drainage carried out in a wetland or on the shore or bank or in the flood zone of a lake or watercourse;

(b)  any other forest development activity carried out in an open wetland or on the shore or bank or in the flood zone of a lake or watercourse;

(7)  all work on the shore or bank or in the flood zone of a lake or watercourse when carried out by a government department, a public body on an entity having authority over one of the places listed in Schedule IV.

For the purposes of subparagraph 4 of the first paragraph, activities carried out in a 100 m strip of wooded wetland bordering on an open peat bog of less than 4 ha are not concerned.

The activities mentioned in the first paragraph exclude those referred to in section 5.

O.C. 1242-2018, s. 10; O.C. 1369-2021, s. 6.

2022-03-01

10. The Minister may, in accordance with the second paragraph of section 46.0.5 of the Act, allow the replacement of all or part of the payment of the financial contribution by work carried out to restore or create wetlands or bodies of water in the case of the following activities:

(1)  work related to a road infrastructure, a bike path, a hiking trail, a water management or treatment facility referred to in section 32 of the Act or an electric power transmission and distribution network, where the work is carried out by

(a)  a department, a public body or an entity that has jurisdiction on any of the territories listed in Schedule IV;

(b)  a person that has made an agreement with a municipality in accordance with subparagraph 1 of the first paragraph of section 145.21 of the Act respecting land use planning and development (chapter A-19.1);

(2)  exploration work referred to in section 108 of the Regulation respecting mineral substances other than petroleum, natural gas and brine (chapter M-13.1, r. 2);

(3)  work for mining mineral substances within the meaning of section 1 of the Mining Act (chapter M-13.1), other than petroleum, natural gas and brine;

(4)  the development or expansion of a new parcel of land for the cultivation of non-aquatic plants and mushrooms, and work on infrastructures directly connected to such cultivation, when

(a)  the activity is carried out in an open wetland other than an open peat bog with an area of at least 4 ha; or

(b)  the activity is carried out in a wooded wetland in the sugar maple-bitternut hickory bioclimatic domain;

(5)  work carried out in an industrial park, or as part of the development of such park;

(6)  the following forest development activities:

(a)  silvicultural drainage carried out in a wetland or on the shore or bank or in the flood zone of a lake or watercourse;

(b)  any other forest development activity carried out in an open wetland or on the shore or bank or in the flood zone of a lake or watercourse;

(7)  all work on the shore or bank or in the flood zone of a lake or watercourse when carried out by a government department, a public body on an entity having authority over one of the places listed in Schedule IV.

For the purposes of subparagraph 4 of the first paragraph, activities carried out in a 100 m strip of wooded wetland bordering on an open peat bog of less than 4 ha are not concerned.

The activities mentioned in the first paragraph exclude those referred to in section 5.

O.C. 1242-2018, s. 10; O.C. 1369-2021, s. 6.

2021-12-31

10. The Minister may, in accordance with the second paragraph of section 46.0.5 of the Act, allow the replacement of all or part of the payment of the financial contribution by work carried out to restore or create wetlands or bodies of water in the case of the following activities:

(1)  work related to a road infrastructure, a bike path, a hiking trail, a water management or treatment facility referred to in section 32 of the Act or an electric power transmission and distribution network, where the work is carried out by

(a)  a department, a public body or an entity that has jurisdiction on any of the territories listed in Schedule IV;

(b)  a person that has made an agreement with a municipality in accordance with subparagraph 1 of the first paragraph of section 145.21 of the Act respecting land use planning and development (chapter A-19.1);

(2)  exploration work referred to in section 108 of the Regulation respecting mineral substances other than petroleum, natural gas and brine (chapter M-13.1, r. 2);

(3)  work for mining mineral substances within the meaning of section 1 of the Mining Act (chapter M-13.1), other than petroleum, natural gas and brine;

(4)  the development or expansion of a new parcel of land for the cultivation of non-aquatic plants and mushrooms, and work on infrastructures directly connected to such cultivation, when

(a)  the activity is carried out in an open wetland other than an open peat bog with an area of at least 4 ha; or

(b)  the activity is carried out in a wooded wetland in the sugar maple-bitternut hickory bioclimatic domain;

(5)  work carried out in an industrial park, or as part of the development of such park;

(6)  the following forest development activities:

(a)  silvicultural drainage carried out in a wetland or on the shore or bank or in the floodplain of a lake or watercourse;

(b)  any other forest development activity carried out in an open wetland or on the shore or bank or in the floodplain of a lake or watercourse;

(7)  all work on the shore or bank or in the floodplain of a lake or watercourse when carried out by a government department, a public body on an entity having authority over one of the places listed in Schedule IV.

For the purposes of subparagraph 4 of the first paragraph, activities carried out in a 100 m strip of wooded wetland bordering on an open peat bog of less than 4 ha are not concerned.

The activities mentioned in the first paragraph exclude those referred to in section 5.

O.C. 1242-2018, s. 10; O.C. 1369-2021, s. 6.

2018-09-20

10. The Minister may, in accordance with the second paragraph of section 46.0.5 of the Act, allow the replacement of all or part of the payment of the financial contribution by work carried out to restore or create wetlands or bodies of water in the case of the following work:

(1)  work related to a road infrastructure, a bike path, a hiking trail, a water management or treatment facility referred to in section 32 of the Act or an electric power transmission and distribution network, where the work is carried out by a department, a public body or an entity that has jurisdiction on any of the territories listed in Schedule IV;

(2)  exploration work referred to in section 108 of the Regulation respecting mineral substances other than petroleum, natural gas and brine (chapter M-13.1, r. 2);

(3)  work for mining mineral substances within the meaning of section 1 of the Mining Act (chapter M-13.1), other than petroleum, natural gas and brine;

(4)  cultivation of a parcel of land for market crops production and the expansion of such a parcel of land;

(5)  work carried out in an industrial park, within the meaning of section 32 of the Act respecting the exercise of certain municipal powers in certain urban agglomerations (chapter E-20.001), or as part of the development of such park.

To do so, the applicant must, when informed of the amount of the required financial contribution, submit to the Minister a plan of the work to restore or create wetlands or bodies of water that the applicant proposes to carry out to replace that financial contribution.

O.C. 1242-2018, s. 10.

Not in force

In force: 2018-09-20

10. The Minister may, in accordance with the second paragraph of section 46.0.5 of the Act, allow the replacement of all or part of the payment of the financial contribution by work carried out to restore or create wetlands or bodies of water in the case of the following work:

(1)  work related to a road infrastructure, a bike path, a hiking trail, a water management or treatment facility referred to in section 32 of the Act or an electric power transmission and distribution network, where the work is carried out by a department, a public body or an entity that has jurisdiction on any of the territories listed in Schedule IV;

(2)  exploration work referred to in section 108 of the Regulation respecting mineral substances other than petroleum, natural gas and brine (chapter M-13.1, r. 2);

(3)  work for mining mineral substances within the meaning of section 1 of the Mining Act (chapter M-13.1), other than petroleum, natural gas and brine;

(4)  cultivation of a parcel of land for market crops production and the expansion of such a parcel of land;

(5)  work carried out in an industrial park, within the meaning of section 32 of the Act respecting the exercise of certain municipal powers in certain urban agglomerations (chapter E-20.001), or as part of the development of such park.

To do so, the applicant must, when informed of the amount of the required financial contribution, submit to the Minister a plan of the work to restore or create wetlands or bodies of water that the applicant proposes to carry out to replace that financial contribution.

O.C. 1242-2018, s. 10.